HomeMy WebLinkAbout16-0315 NO. 6
PROCEEDINGS
OF THE
CITY OF BUFFALO
MARCH 15, 2016
MAYOR
Hon. Byron W. Brown
COMPTROLLER
Mark J.F.Schroeder
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
ELLICOTT DISTRICT
DARIUS G. PRIDGEN
PRESIDENT PRO TEMPORE
SOUTH DISTRICT
CHRISTOPHER P.SCANLON
MAJORITY LEADER
NIAGARA DISTRICT
DAVID A. RIVERA
DISTRICT COUNCIL MEMBERS
RICHARD A. FONTANA-LOVEJOY
DAVID A FRANCZYK-FILLMORE
ULYSEES O.WINGO SR.-MASTEN
JOSEPH GOLOMBEK JR.—NORTH
JOEL P. FEROLETO—DELAWARE
RASHEED N.C.WYATT-UNIVERSITY
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE: Rasheed N.C.Wyatt-Chairman, Richard A. Fontana, David A. Rivera, Ulysees O.Wingo,Sr.-Members
CLAIMS COMMITTEE:Joel P. Feroleto-Chairman,Joseph Golombek Jr., David A. Rivera, Rasheed N.C.Wyatt-Members
COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek Jr., Chairman- David A. Rivera, Christopher P. Scanlon, Ulysees O.
Wingo,Sr., Rasheed N.C.Wyatt-Members
FINANCE COMMITTEE: Richard A. Fontana, Chairman, Joel P. Feroleto, David A. Rivera, Ulysees O. Wingo, Sr. Rasheed N.C. Wyatt-
Members.
LEGISLATION COMMITTEE: Christopher P. Scanlon, Chairman, Joel P. Feroleto, David A. Franczyk, Joseph Golombek Jr., David A.
Rivera-Members.
RULES COMMITTEE: Darius G. Pridgen,Chairman,Christopher P.Scanlon, David A. Rivera-Members
SPECIAL COMMITTEES
BUDGET COMMITTEE: David A. Rivera,Chairman,Joseph Golombek,Jr.,Christopher P.Scanlon, Rasheed N.C.Wyatt-Members
EDUCATION COMMITTEE: Ulysees O.Wingo,Sr.Chairman,Joseph Golombek,Jr.,Christopher P.Scanlon, Rasheed N.C.Wyatt-
Members
POLICE OVERSIGHT: David A. Rivera.,Chairman,Joel P. Feroleto, David A Franczyk,Christopher P.Scanlon—Members
PUBLIC TRANSPORTATION:Christopher P.Scanlon,Chairman Joel P. Feroleto, David A. Franczyk, David A. Rivera,-Members
WATERFRONT DEVELOPMENT COMMITTEE: Christopher P.Scanlon Chairman, David A. Franczyk,Joseph Golombek,Jr., Ulysees
O.Wingo,Sr.-Members
DATE March 15,2016
**FINAL**
Roll Call
Pledge of Allegiance
Invocation
539- 1.Felicitations/in Memoriam ADOPT
MAYOR
540- lA Appointment-City of Buffalo Planning Board-(Rembis,PHD) R&F
541- 1B Appointment-Commission on Citizen Rights(Kloberdanz) R&F
MAYOR-EXECUTIVE
542- 2.Arts Comm-Application for Accepting Public Art Signage and Banners R&F
543- 3.Arts Comm-Creation of Art in Public Places Committees CD
544- 4.Cit Serv-Submission of Monthly Report February 2016 R&F
545- 4A.Plan Bd-SEQRA-Negative Declaration 1360 Niagara(Nia) ADOPT
546- 5. Strat Plan-Amend to 2015-16 Annual Action Plan&Prior Yr Annual Action Plan CD
547- 5A. Strat Plan-Contract with Della Miller for Operation Plan Broadway Market's
Commercial Kitchen APP
548- 6.Traf Vio-Appoint Judicial Hearing Officer(Sconiers) CS
COMPTROLLER
549- 7.Certificate of Necessity-Library Facilities Design R&F
550- 8.Certificate of Necessity-City Planning R&F
551- 9.Bond Account Closeouts($270,866.51) APP
552- 10.Bond Account Closeouts($99,527.52) APP
553- 11.Money Owed to City by BMHA FIN
554- 12.Refund Resulting from Audit of Street Light and Electricity Accts FIN
COUNCIL PRESIDENT
555- 12A.Bus Stop at 2500 Walden R&F
ASSESSMENT
556- 13.Level 3 Comm LLC&Broadwing Comm Applications for Correction
of Multiple-Parcel Errors on Form RP-556-b R&F
PUBLIC WORKS
557- 14.Increase in Encumbrance-LiRo Engineers City-wide Sidewalk Inspections APP
558- 15.Increase in Encumbrance-Marquis Engineering Infrastructure Inspection APP
559- 16.Increase in Encumbrance-Nussbaumer&Clarke
City-wide Sidewalk Inspection APP
560- 17.Permission to Amend Betterment Agmt-NY Gateway Connections(Nia) APP
561- 18.Permission to Change Scope PlayCourts Phase III-Titan Deve Inc APP
562- 19.Permission to Dispose Wood Statues Erie Basin Marina(Fill) APP
563- 20.Permission to Hire Consultant-City Court Roofing&Glazing Replacement APP
564- 21.Permission to Hire Consultant-Engineering Services-Northland Streetscape APP
565- 22.Permission to Increase Consultant Contract-Clough Harbour&Assoc
Bailey Ave Bridges(Lov) APP
566- 23.Permission to Waive Formal Bidding Procedures-Single Source Purchase
of Waste Mngt Software&Outreach APP
567- 24.Report of Bids-Cazenovia Park Casino Structural Reconstruction(South) APP
568- 25.Report of Bids-City Hall Cafeteria Ventilation Upgrade-Air Monitoring(Ell) APP
569- 26.Report of Bids-City Hall Cafeteria Ventilation Upgrade-Hazardous
Material Abatement(Ell) APP
570- 26A.Report of Bids City-Wide Curb&Sidewalk Replacement 2016 CDBG
Yr-40 Group 874A APP
571- 26B.Report of Bids City-Wide Curb&Sidewalk Replacement 2016 CDBG
Yr-40 Group 874B APP
572- 27.Report of Bids-Tree Care of NY-Bailey Ave Bridges(Lov) FIN
573- 28.Trade in of Vehicle-International Dump Truck FIN
574- 29.Appoint Spec Assist to Commissioner(Exempt)(Rizzo) CS
575- 30.Appoint Supervisor Street Sanitation I(Perm)(Inter)(Hupkowicz) CS
POLICE
576- 31.Armed Guard Services for City Hall FIN
577- 32.Appoint Police Captain(Cont Perm)(Testa) CS
578- 33.Appoint Police Inspector(Perm)(Baranski) CS
579- 34.Appoint Police Inspector(Cont Perm)(Blake) CS
580- 35.Appoint Police Lieutenant(Cont Perm)(Daniels,Rak) CS
581- 36.Appoint Police Lieutenant(Perm)(Leone) CS
CORPORATION COUNSEL
582- 37.Access by Praxair Dist Inc to City Owned Property at 90 Hopkins-
Lime Piles Removal(South) APP
583- 38.Execute and Record an Environmental Easement Fourth St Public ROW APP
PERMITS AND INSPECTIONS
584- 39.Food Store License(New)-475 Fargo(Nia) LEG
585- 40.Food Store License(New)-294 West Ferry(Nia) APP
586- 41.Food Store License(New)-1059 Grant(North) LEG
587- 42.Food Store License(New)-289 Hamburg(Fill) LEG
588- 43.Food Store License(New)-931 Niagara(Nia) APP
589- 44.Food Store License(New)-1560 South Park(South) LEG
590- 45.Food Store License(New)-1064 Sycamore(Fill) APP/COND
591- 46.Property Management License Laurie Kozakowski LEG
592- 47.Property Management License MOLIO LLC LEG
593- 48.Restaurant Dance License(New)-12 Military Rd(North) APP
594- 49.Used Car Dealer-2377 Bailey(Lov) APP
595- 50.Used Car Dealer-1526 William(Lov) APP
596- 51.Appoint Clerk(Perm)(2nd Step)(Spencer) CS
ADMINISTRATION AND FINANCE
597- 52.Assignment of Contracts-United Uniform Distribution,LLC APP
PARKING
598- 52A Parking Study in the Elmwood Village APP
599- 52B Purchase of 125 Pay and Display Meters APP
600- 53.Appoint Associate Account Clerk(Perm)(Inter)(Barnes) CS
CITY CLERK
601- 54.Legislative Management Software Professional Services Contract APP
602- 55.Liquor License Applications R&F
603- 56.Leaves of Absence R&F
604- 57.Reports of Attendance R&F
605- 58.Appoint Legislative Assistant-Common Council Staff ADOPT
606- 59.Notices of Appointment-Seasonal R&F
607- 60.Notices of Appointments-Temp/Prov/Perm CS
MISCELLANEOUS
608- 61.F.Brace&0-Concerns Green Code R&F
609- 62.B.Lehoman-Support Saving the Former North Park Library LEG
610- 63.B.Mayo-Legal Notice Public Hrg 945 Kenmore Ave,Town Tonawanda R&F
611- 64.NYSDOT-Designation of Restricted Highway R&F
612- 65.NYSDEC-Brownfield Cleanup Program-1176 South Park(Lov) R&F
613- 66. S. Sanyu-Response Written Language Access Plan for COB PD POL 0/S
614- 67.B.Weiss-Habitat for Humanity-Concerns with Timeline Revamping of
Homestead Program R&F
615- 68.U.Wingo Sr-K.Cash-Response Regarding Bus Aides R&F
PETITIONS
616- 69.M. Sciortino,Owner,Use 1518 Hertel-Restaurant with New Tenant w/Outdoor
Café in The Hertel Avenue Special District(Del)(Hrg 3/22) LEG,CPBD
617- 70.J.Previty,Owner,Use 49 Hopkins to Re-Establish a Junkyard and Erect 2 Steel
Buildings for Processing Scrap Metal(South)(Hrg 3/22) LEG,CPBD
618- 71.A.Jacobi,Owner,Use 141 Abbott to Re-Establish Restaurant in the
Abbott/McKinley Special Zoning District(South)(Hrg 3/22) LEG,CPBD
619- 72.J.Reinhart,Agent,Use 369 Franklin for a High Ground Sign in the Sign
Overlay District(Fill)(Hrg 3/22) LEG,CPBD
620- 73.T.Ferro,Agent,Use 1669 Hertel aka 1673 Hertel to Convert a Portion of an
Existing Restaurant to a Liquor Store in the Hertel Ave Special Zoning
District(Del)(Hrg 3/22) LEG,CPBD
621- 74.D. Scouras,Owner,Use 186 Allen to Place an Outdoor Café in the
Allen St Special Zoning District(Fill)(Hrg 3/22) LEG,CPBD
622- 75.J.Popiela,Agent,Use 2 Nottingham to Place an LED
Ground Sign(no hrg)(Del) LEG,CPBD,ZONING
RESOLUTIONS
661- 76.Feroleto 2016 Greater Buffalo Italian Heritage and Food Festival APP
662- 77.Feroleto Appoint Marriage Officer(Munson-Ellis) ADOPT
663- 77A.Feroleto Trailblazing Sign of Ring Road for"Maksym Sugorovskiy
Way" APP
664- 78.Feroleto Waive Permit Fees for Subaru Bflo&Mile Chase in the
Elmwood Village APP
665- 79.Feroleto Waive Special Event Application Fee-North Buffalo
Farmers Market APP
666- 80.Fontana Refunding Bond Resolution-$27,000,000 APP
667- 81.Fontana Transfer of Funds-City Planning APP
668- 82.Fontana Transfer of Funds-Library Facilities Design APP
669- 83.Franczyk Waive Garbage&Recycling Tote Fee-Central Terminal
Dyngus Day Event APP
670- 84.Franczyk Waive Garbage&Recycling Tote Fee-Dyngus Day Event APP
671- 84A Golombek Tire Booting in Private Lots ADOPT RES'S REM TO LEG
672- 85.Pridgen Ch 511 Special Zoning District for Jefferson Avenue ADOPT
673- 86.Pridgen Ord Amend Ch 511 Zoning-Jefferson Ave LEG
674- 87.Rivera Appoint Legislative Assistant(Reid) ADOPT
675- 88. Scanlon Denial of Level 3 Application for Correction of
Multiple Parcel Errors on Form RP556-b FIN
676- 89. Scanlon Home Rule Request-Assembly Bill A.7895-Auth Sean
William McCabe for Change in Benefit Coverage ADOPT
677- 90. Scanlon Home Rule Request-Senate Bill S.3528 Auth Sean
William McCabe for Change in Benefit Coverage ADOPT
678- 91. Scanlon,etc Home Rule Request-Assembly Bill A.6528 Amend
Real Property Tax Law Treat Property Maint&Nuisance
Fines as Delinquent Taxes ADOPT
679- 92. Scanlon,etc Home Rule Request-Senate Bill S.4229 Amend
Real Property Tax Law Treat Property Maint&Nuisance
Fines as Delinquent Taxes ADOPT
680- 92A Wingo,Sr,etc Waive Park Rental&Special Event Fees-Masten
District Easter Egg Hunt APP/AS AMENDED
681- 92B Wingo,Sr,etc Support for Clean Energy and Good Jobs in NYS
Energy Bill ADOPT
682- 93.Wyatt Comm of Deeds-Public Duties ADOPT
683- 94.Wyatt Comm of Deeds ADOPT
District Announcements
Adjournment
SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS
CIVIL SERVICE
623- 1. 16-448 Com Mar 1 Appoint Chief Pumping Plant Engineer(Perm)(Inter)(Kumro)(PW) APP
624- 2. 16-449 Com Mar 1 Appoint Sr. 1st Class Stationary Engineer(Perm)(Inter)(Angel)(PW) APP
625- 3. 16-450 Com Mar 1 Appoint Superintendent Street Sanitation(Perm)(Inter)(Krupp)(PW) APP
626- 4. 16-451 Com Mar 1 Appoint Supervisor of Street Sanitation I(Perm)(Inter)
(Driscoll,Fiorella)(PW) APP
627- 5. 16-452 Com Mar 1 Appoint Supervisor Street Saniatation(Perm)(Inter)(Hayden)(PW) APP
628- 6. 16-453 Com Mar 1 Appoint Supervisor of Waterway&Bridge Maint
(Perm)(Max)(Maloney)(PW) APP
629- 7. 16-472 Com Mar 1 Notices of Appointments-Temp/Prov/Perm(Cty Clk) R&F
FINANCE
630- 8. 16-420 Com Mar 1 Extend Downtown Stadium Lease Agreements With
Buffalo Bisons Through 09/30/2016(Mayor) APP
631- 9. 16-426 Com Mar 1 Permission to Enter Agreement W/CivicLive Website Redesign
&CMS Syatem(MIS) APP
632- 10. 16-458 Com Mar 1 Request Approval of Renewal Agmt Btwn COB&Environmental Education
Assoc(UNYSE)for Asbestos Air Sampling Project Monitoring(EDPI) APP
633- 11. 16-461 Com Mar 1 BMHA Grant in Aid Agreement(A&F) RECOMMIT
634- 12. 16-308 Com Feb 16 Letters to Management From Independent Auditors(Compt) R&F
635- 13. 15-2335 Com Nov 24 First Quarter Gap Sheets Report-2015-2016(Compt) R&F
636- 14. 15-2362 Com Nov 24 First Quarter Gap-2015-2016(A&F) R&F
COMMUNITY DEVELOPMENT
637- 15. 16-474 No Mar 1 D.Ambrusko-Maida-ACS Relay for Life Update R&F
638- 16. 16-123 No Jan 19 M.Romanowski-SEQR-854 Ellicott St(Ell)(#16-35,01/05) R&F
LEGISLATION
639- 17. 16-456 Com Mar 1 Property Management License DSBC LLC(EDPI) APP
640- 18. 16-457 Com Mar 1 Property Management License TPM of WNY LLC(EDPI) RECOMMIT
641- 19. 16-459 Com Mar 1 Second Hand Dealer 1983 South Park(L.Magyar)(South)(EDPI) APP
642- 20. 16-460 Com Mar 1 Second Hand Dealer 1983 aka 1985 South Park(R.Magyar)(South)(EDPI) APP
643- 21. 16-491 No Mar 1 J.Gugino,Agent,Use 204 Allen to Continue a Restaurant Under New
Ownership in the Allen St Special Zoning District(Fill)(Hrg 3/8) APP/COND
644- 22. 16-492 No Mar 1 M.Roland,Agent,Use 337 Ellicott for Expansion of an Existing Patio for
Brewery(Ell)(No Hrg) APP
645- 23. 16-504 No Mar 1 D. Smith-Recommendations for Zoning Changes
(#12-106,5/1011-61,4/5015-2089,10/13) R&F
646- 24. 16-346 No Feb 16 R.Wyatt-M.Brady-Support for Deep South Taco on Hertel Ave R&F
647- 25. 16-210 No Feb 2 B.Melber,Agent,Use 1707 Hertel Change of Use-Repair Garage to
Sit-In Restaurant Including Renovation,Addition,Patio and Parking
(Del)(Hrg 02/09) APP/COND
648- 26. 16-213 No Feb 2 A.Holycross,Agent,Rezone 1360 Niagara from M1 to CM for
Mixed Use Residential and Retail Space(Nia)(Hrg 02/23) APP
649- 27. 16-214 No Feb 2 P. Strada,Agent,Use 426 Abbott for a Pole Sign in the South Buffalo
Special District(South)(Hrg 02/09) APP
650- 28. 16-17 Com Jan 5 Food Store License(New)-454 E.Utica(Ell)(EDPI) APP/COND
651- 29. 16-19 Com Jan 5 Food Store License(New)-2082 South Park(South)(EDPI) DENY
652- 30. 16-55 No Jan 5 A.Almontaser,Owner,Use 2082 South Park to Re-Establish Use of an
Existing Takeout Food Store in the South Park Special District
(Hrg 12/29)(South)(#15-2560, 12/22) DENY
653- 31. 15-1903 Com Sept 29 Food Store License(New)529 Dodge(Ell)(EDPI) DENY
654- 32. 15-1921 No Sept 29 M.Kearns-Foreclosure Epidemic in Erie County R&F
655- 33. 14-868 Res Apr 15 Establishment of Bflo Youth Promise Act(Wyatt) R&F
656- 34. 14-695 No Apr 1 R.Wyatt-S.Poole-Comments From NYS Child&Family
Services-Buffalo Youth Promise Act R&F
657- 35. 13-108Res Nov 26 Creation-Special Zoning District-Jefferson Btwn Clinton&Genesee
(Pridgen) R&F
EDUCATION
658- 36. 16-486 No Mar 1 U.Wingo,Sr-Article-School Bus
Safety R&F
659- 37. 16-487 No Mar 1 U.Wingo,Sr-Concerns Reg The
Relocation of Tapestry Charter School R&F
660- 38. 16-489 No Mar 1 U.Wingo,Sr-Letter to First Student
Regional Vice Pres Frank Luciano R&F
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL-BUFFALO
TUESDAY MARCH 15,2016
AT 2:00 P.M.
Present—Darius G. Pridgen,Council President,Christopher P.Scanlon, President Pro Tempore,and Councilmembers: Feroleto, Fontana,
Franczyk,Golombek Jr., Rivera,Wingo Sr.,Wyatt—9
Absent—0
On a motion by Mr. Rivera,Seconded by Mr.Scanlon,the minutes of the stated meeting held on March 1,2016 were approved
NO.539
IN MEMORIAM
Attached hereto are In Memoriam Resolutions sponsored by Members of the Common Council as indicated:
In Memoriam for William Chamberlain
By Councilmember Golombek
In Memoriam for Anthony Gumbs Montgomery
By Councilmember Wyatt
In Memoriam for Samantha Gamblin
By Councilmember Wyatt
In Memoriam for Andre A. Bryant
By Councilmember Wingo,Sr.
In Memoriam for All Service Men and Women
By Councilmember Pridgen
ADOPTED
FROM THE MAYOR
NO.540
APPOINTMENT-CITY OF BUFFALO PLANNING BOARD-(REMBIS,PHD)
Pursuant to Article 18,Section 46 of the Charter, I hereby appoint the following individual to serve on the City of Buffalo Planning Board for a three
year term,commencing immediately and expiring March 15,2019.
Appointment
Michael Rembis, Ph.D,489 Ellicott St,Apt.22, Buffalo, NY 14203
Dr. Rembis currently serves as the Executive Director for the Center of Disability Studies and as an Assistant Professor at the University at
Buffalo. He has also assisted in the creation of the undergraduate studies curricula at the University of Arizona,co-edited Disability Histories and
Yes We Can Change: Disability Studies-Enabling Equality.Additionally,Mr. Rembis has served as a consultant to People Inc.and assisted in
various inclusionary studies.
Due to the educational background and experience of Dr.Michael A. Rembis,dealing with accessibility issues, I believe that he would be a
valuable asset to the Planning Board. I hereby certify that the above named individual is fully qualified to serve in said capacity and encourage your
Honorable Body to confirm his appointment with all deliberate speed.
RECEIVED AND FILED
NO.541
APPOINTMENT-COMMISSION ON CITIZEN RIGHTS(KLOBERDANZ)
Pursuant to Section 18-21 of the City Charter, I hereby appoint the following individual to serve on the Commission on Citizens Rights and
Community Relations for a three year term,commencing immediately and expiring on March 15,2019.
Appointment
Barbara Kloberdanz,50 Abbottsford Place, Buffalo, New York, 14213
Ms. Barbara Kloberdanz is a retired administrator,who previously served as a Bank Branch Manager,Administrator of an organization,Chief of
Staff to a New York State Assemblywoman,served as a Special Assistant and Community Liaison to the Manhattan Borough President,and
worked as an assistant in the City of Buffalo Department of Permits and Inspections Services.Most recently,she has been active as a volunteer
for Journeys End Refugee Services and currently serves as Secretary to the City of Buffalo Board of Examining Plumbers. Due to her extensive
community involvement, I believe Ms. Kloberdanz would be an ideal member to serve on the Commission on Citizens Rights and Community
Relations.
I hereby certify that the above named individual is fully qualified to serve as a member of the Commission on Citizens Rights and Community
Relations and encourage her immediate confirmation to the Commission so it may continue to carry out its mission.
RECEIVED AND FILED
FROM THE MAYOR-EXECUTIVE DEPARTMENT
FROM THE BUFFALO ARTS COMMISSION
NO.542
APPLICATIONS FOR ACCEPTING PUBLIC ART,SIGNAGE AND BANNERS
Please find attached a copy of two revised Buffalo Arts Commission applications:
(1)Application for the Acceptance of Public Art and/or Monuments
(2)Application for the Acceptance of Public Signage and/or Banners
Copy available for review in the City Clerk's Office
RECEIVED AND FILED
NO.543
CREATION OF ART IN PUBLIC PLACES COMMITTEES
The Art in Public Places Program applies to all capital improvement projects equal to or greater than$1,000,000.One percent of the total budget of
the project shall be included for the planning,design,construction,repair and maintenance of works of art.
In accordance with Chapter 409,of the City of Buffalo Charter.the Buffalo Arts Commission has created three Art in Public Places Committees for
public works improvements along:
(1)Allen Street and the Buffalo Niagara Medical Campus
(2)The Shoreline Trail
(3)Niagara Street from Porter Avenue to Ontario Street
These committees shall have the responsibility for the selection and placement of works of art under Article II of Chapter 409 of the Charter.
The Commission is respectfully requesting recommendations from this Honorable Body,of citizens to serve on the created Art in Public Places
committees.
Please find attached a copy of the Art in Public Places Program Ordinance Amendment and a copy of the Rules and Regulations.
Copy available for review in the City Clerk's Office
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
FROM THE DIVISION OF CITIZEN SERVICES
NO.544
SUBMISSION OF MONTHLY REPORT FOR FEBRUARY 2016
The Office of the Mayor, Division of Citizen Services,hereby submits,for your Honorable Body's review and approval,the monthly reports for the
Mayor's Call and Resolution Center for February 2016,as mandated by Section 6-20(c)of the City of Buffalo's City Charter.This monthly
statistical report details the number and nature of inquiries,requests and complaints received.
Copy available for review in the City Clerk's Office
RECEIVEID AND FILED
FROM THE CITY PLANNING BOARD
NO.545
SEQRA NOTICE OF DETERMINATION1360 NIAGARA(NIA)
Non Significance Negative Declaration
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8(SEQR-State Environmental Quality Review)of
the Environmental Conservation Law.
Lead Agency: City of Buffalo, Planning Board
901 City Hall
65 Niagara Square
Buffalo, NY 14202
As per the provision of SEQR,the Lead Agency has reviewed the following action as it relates to the environment:
Action Title: 1360 Niagara Street-Renovation
Location: 1360 Niagara Street, Buffalo, NY
Type of Action:Type 1,Coordinated
Description:The Action involves the renovation of an existing 80,000 square feet,four(4)story commercial building used for office and
warehousing for use as residential.An attached one(1)stow commercial building will be renovated for commercial or retail use. Parking will
include 55 spaces for the project will be underground and at grade.The applicant is working with the City of Buffalo to repave existing spaces on
an adjacent Public Right of Way(Brace Street)and use it as access to the basement level parking.
The property is currently zoned M1 -light manufacturing,which because there is no existing residential adjacent or across a street prohibits
residential uses.The project sponsor has requested a rezoning to CM-General Commercial,which would allow for the residential use of the site.
This project is similar to at least one other along Niagara Street that is rehabilitating a former commercial and warehousing structure into residential
use.That project did not require a rezoning because it was across from residential.The similar setting of these projects as well as its consistency
with community planning for the site indicate the rezoning of the site will not be a significant impact.
As a Result of this Environmental Review:The Lead Agency has determined the undertaking of this action will not have a significant adverse effect
on the quality of the environment. No further environmental review will be conducted prior to implementation of the action and a Draft Environmental
Impact Statement will not be prepared.
Reasons Supporting This Determination: Potential environmental impacts associated with the action were identified in the Environmental
Assessment Form to assess potential adverse environmental impacts compared to the criteria for determining significance identified in 6 NYCRR
§617.7(c)(1)and in accordance with§617.7(c)(2)(3).
The potential impacts are not significant.The rehabilitation of an existing structure will not pose any significant threat or impacts to the surrounding
environment.
The project will not have a significant impact on air quality.The redevelopment of this building does not constitute a significant impact and would
not require an air permit.
The project will have minimal adverse impacts on ground or surface water quality or quantity.This project will increase the amount of pervious
surfaces at the site and would not impact the surface or ground water.
The project will not have a substantial adverse change in existing traffic levels.The project is located in a commercial area and is accessible to
existing public transportation routes.
The project will not have a substantial adverse change in noise levels.The surrounding areas are primarily built out and used for commercial
purposes the use of this site as commercial and residential will not have a substantial increase in noise levels.
The project will not result in the removal or destruction of large quantities of vegetation or fauna;substantially interfere with the movement of any
resident or migratory fish or wildlife species;impact on a significant habitat area;impact a threatened or endangered species of animal or plant,or
the habitat of such a species;or other significant adverse impacts to natural resources.
The project is located in an urban area and is not within or adjacent to a Critical Environmental Area and will therefore,not impair the environmental
characteristics of a Critical Environmental Area.
The project will not have a major change in the quantity or type of energy used.There will be a minor increase from the current use of office and
warehousing,however,these impacts would not be significant.
The project will not create a hazard to human health.
The project will not create a substantial change in the use,or intensity of use,of land including agricultural,open space or recreational resources,
or in its capacity to support existing uses.
The project will not encourage or attract a large number of people to a place or places for more than a few days,compared to the number of people
who would come to such place absent the action.
The project will not create a material demand for other actions that would result in one of the above consequences.
The project will not involve changes in two or more elements of the environment,neither of which has a significant adverse impact on the
environment,but when considered together result in a substantial adverse impact on the environment.
The project does not include two or more related actions undertaken,funded or approved by an agency,none of which has or would have a
significant impact on the environment,but when considered cumulatively would meet one or more of the criteria in 6 NYCCR 617.7(C)(1).
For further information relative to this Negative Declaration,contact Ms. Nadine Marrero, Director of Planning, Room 901 City Hall, Buffalo, New
York 14202,(716)851-5029.
Dated:March 7,2016
ADOPTED
FROM THE OFFICE OF STRATEGIC PLANNING
NO.546
AMENDMENT TO 2015-2016 ANNUAL ACTION PLAN&PRIOR YEAR ANNUAL ACTION PLANS
Attached for your Honorable Body's consideration is the Amendment to 2015-2016 Annual Action Plan&Prior Year Annual Action Plans.
The Amendment includes projects/services that are already within the City's Annual Action Plan and adjusts budget lines in the Annual Action Plan
to support those commitments. Northland Corridor Initiative is the only new project proposed.
The Buffalo Urban Development Corporation(BUDC)has acquired and proposed to redevelop approximately 50+acers and 750,000 square feet
of vacant industrial properties along E. Delavan and Northland Avenues,including 537 E. Delavan Avenue,631 Northland Avenue,683 Northland
Avenue,741 Northland Avenue,777 Northland Avenue and several associated parking and vacant lots.
This Project consists of stabilization,renovation,select demolition,remediation and redevelopment of the above-noted properties for the purpose of
establishing the New York State sponsored,WNY Workforce Training Center,as well as providing industrial building space and shovel-ready land
of business attraction and expansion.The project is a partnership among BUDC,the City of Buffalo,the NY State Urban Development Corp.d/b/a
Empire State Development(ESD)and the NY Power Authority(NYPA).The Project is being funded by ESD and NYPA as a major component of
the Governor's"Buffalo Billion"economic development initiative.
The Project location comprises 50 acres of land and approximately 700,000 square feet of existing,vacant industrial buildings on,or near
Northland Avenue,between North Fillmore Avenue and Grider Street.Most of the properties acquired by BUDC for redevelopment have frontage
along Northland Avenue,although one property-537 E. Delavan Avenue,also has frontage along E. Delavan and two vacant properties front on
Dutton Avenue.The larger neighborhood is bordered by the Kensington Expressway to the northwest;Grider Street to the east;and an active CSX
rail corridor to the southwest("The Belt Line").
The initial phase of the Project involves the development of the Workforce Training Center at 683 Northland Avenue.A centerpiece of NYPA's
workforce planning strategic initiative,it will house administrative,classroom and shop facilities designed to train and turn out highly-skilled
members of the local workforce to meet the requirement of the 21st century electric facility and advanced manufacturing industries.Superficially,
this component of the Project would involve renovation of 35,000 sq.ft.of office building space and roughly 65,000 sq.ft.of former manufacturing
space at the property to house the Center's functions. In addition to the Workforce Training Center,it is anticipated that following stabilization and
remediation,the remainder of the properties within the Site will be primarily used for a mix of commercial and industrial uses,consistent with both
existing and proposed zoning for this area of the City. Based upon building condition assessments,screening for asbestos-containing materials
(ACMs),and environmental investigations,the Project would include a mix of building renovations,demolition,stabilization and site preparation at
each property. It is also expected that significant contaminated and hazardous materials remediation/removal and abatement of ACMs will be
necessary as part of the redevelopment activities.
The purpose of the Project is to return these vacant,underutilized properties to productive use,assist with revitalizing the surrounding
neighborhood,and provide employment opportunities for nearby residents by creating a new manufacturing and employment hub on Buffalo's East
Side.The immediate Project area includes several clusters of residential uses,particularly along Longview and Schauf Avenues and Chelsea
Place. It is anticipated that BU DC's stabilization,remediation,and redevelopment of these industrial properties will strengthen this area and re-
establish what was formerly;a vibrant mixed-use neighborhood.
The Northland Corridor Initiative is funded with CDBG program income dollars earned from the recent sale of properties and loans previously
funded by CDBG.The commitment of these CDBG dollars does not negatively impact any projects previously approved by this Honorable Body.
I respectively request that your Honorable Body:
(1) Approve the attached amendment for the 2015-2016 Annual Action Plan and prior years;
(2) Authorize the Executive Director of Strategic Planning and/or the Commissioner of Community Services to execute all
agreements and related documents to carry out the projects identified in the amendment,consistent with the rules and
regulations governing the CDBG and HOME programs;
(3) Authorize the Mayor,or his designee to execute any necessary amendments and related documentation required or useful in
facilitating the city's receipt and utilization of the subject funding.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO.547
CONTRACT WITH DELLA MILLER FOR AN OPERATION PLAN
FOR THE BROADWAY MARKET'S COMMERCIAL KITCHEN
The purpose of this communication is to request permission for the City of Buffalo to enter into a contract with Della Miller for an operation plan for
the Broadway Market's Commercial Kitchen.After a selection process,the Office of Strategic Planning has determined that Della Miller is the best
responding consultant to produce an operation plan for the Broadway Market's Commercial kitchen.The Mayor's Office of Strategic Planning
issued a request for proposals as the selection process,there were three respondents.After reviewing proposals, Della Miller and her team
emerged as the strong favorite of the selection committee.
Della Miller specializes in strategic planning and implementation,business development,commercial kitchen design,food service operations and
management;health and safety,food service training,regulation compliance,sanitation and maintenance requirements,marketing and community
engagement and other food related management advisory services.
$18,000 of a grant through the United States Department of Agriculture Local Food Promotion grant has been allocated to obtain an operation plan
for the proposed commercial kitchen for the Broadway Market.This operation plan will determine demand for the facility,anticipated end users,
potential programming,staffing needs,sanitation and maintenance needs,operation hours,and regulations and fee schedule.
I respectfully request that Your Honorable Body:
1.Authorize appropriate City personnel to take such actions and enter into such agreements and arrangements as are necessary to facilitate and
implement the utilization of the United States Department of Agriculture's Local Food Promotion Program grant funding to the extent of$18,000 to
fund the Project.
2.Authorize the Mayor and other pertinent City personnel on behalf of the City to execute all agreements as shall be required or useful in facilitating
the Project.
3.Authorize City personnel to take all other steps and to enter into and execute such agreements and such further related Project documentation
directly with Della Miller as necessary to facilitate and implement Project.
Mr. Rivera moved:
That the above item be,and the above communication from the Executive Director of the Office of Strategic Planning,dated March 8,2016,be
received and filed;and
That the Common Council hereby authorizes the City of Buffalo to enter into a contract with Delia Miller for an operational plan for the Broadway
Market's Commercial Kitchen.The consultant was chosen through a Request for Proposals(RFP)process.
That the Common Council hereby authorizes appropriate City personnel to take such actions and enter into such agreements and arrangements as
are necessary to facilitate and implement the utilization of a United States Department of Agriculture's Local Food Promotion Program grant
funding in the amount of$18,000.00 to fund the project;and that the Common Council hereby authorizes the Mayor and other pertinent City
personnel on behalf of the City to execute all agreements as shall be required or useful in facility the project;and that the Common Council hereby
authorizes City personnel to take all such steps and to enter into and execute such agreements and such farther related project documentation
directly with Della Miller as necessary to facilitate and implement the project.
PASSED
AYES 9 NOES 0
FROM THE BUFFALO TRAFFIC VIOLATIONS AGENCY
NO.548
APPOINT JUDICIAL HEARING OFFICER(SCONIER)
Certificate of Appointment
Appointment effective 6/26/2016 in the Department of Executive Department Division of Traffic Violations Agency to the Position of Judicial
Hearing Officer Temporary Non-competitive Flat starting salary of$300 per diem
Rose H.Sconiers,46 Chatham Buffalo 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMPTROLLER
NO.549
CERTIFICATE OF NECESSITY-LIBRARY FACILITIES DESIGN
Transfer of Funds
We, Byron W. Brown,Mayor and Mark J. F.Schroeder,Comptroller,do hereby certify,pursuant to Section§20-12 of the Charter,that it is
necessary that the sum of$61,000 be transferred and reappropriated as set forth below:
From:
30000106-445100 General City Planning $61,000
To:
33203306-445500 Library Facilities Design $61,000
RECEIVED AND FILED
NO.550
CERTIFICATE OF NECESSITY-CITY PLANNING
Transfer of Funds
We, Byron W. Brown,Mayor and Mark J. F.Schroeder,Comptroller,do hereby certify,pursuant to Section§20-12 of the Charter,that it is
necessary that the sum of$210,090 be transferred and reappropriated as set forth below:
From:
30000106-445100 General City Planning $210,090
To:
30001016-445100 Tree Management and Planning $155,090
33203296-445500 Parks Buildings Reconstruction $55,000
RECEIVED AND FILED
NO.551
BOND ACCOUNT CLOSEOUTS($270,866.51)
In the event that any portion of the proceeds,inclusive of premiums,from the sale of bonds,bond anticipation notes,capital notes,urban renewal
notes or budget notes is not expended for the object or purpose for which such obligations were issued,such portion shall be applied only to the
payment of the principal of and interest on such obligations,respectively(Local Finance Law-Section 165.00).
As the City intends to refund Series 2004C,2008AB and 2009AB and where such unexpended proceeds remain,must be applied toward the
refunding bond(New York Local Finance Law§90.10).
The Available Balance,as noted within the chart,for each project listed totaling$270,866.51,is to be transferred into the City's Debt Reserve
Account for a resource within the refunding.
AVAILABLE
FUND SERIES MUNIS PROJECT BUDGET EXPENDITURE ENCUMBRANCE BALANCE
3011 2008A 31310906 C/WENVIROREMEDTN 08 1,628,668.14 1,283,335.44 104,307.20 241,025.50
3012 2009A 32311206 SENECA ST RES&STSCP 248,204.77 288,490.65 6,858.75 12,855.37
3012 2009A 32311606 SIGNALIMPRV99-00 957,432.98 889,930.30 51,200.69 16,301.99
3012 2009A 32400406 MLKPKIMP 09 1,922,786.40 1,910,000.27 12,102.48 683.65
4,757,092.29 4,311,756.66 174,469.12 270,866.51
Mr. Rivera moved:
That the above item be,and the above communication from the Comptroller,dated March 9,2016,be received and filed;and
That the Comptroller is hereby authorized to closeout bonds not expended for the object or purpose for which such obligations were issued,with
respect to Series 2004C,2008AB and 2009AB bonds,the balance of which is to be transferred to the City's Debt Reserve Account for a resource
within the building.
PASSED
AYES 9, NOES 0
NO.552
BOND ACCOUNT CLOSEOUTS(($99,527.52)
In the event that any portion of the proceeds,inclusive of premiums,from the sale of bonds,bond anticipation notes,capital notes,urban renewal
notes or budget notes is not expended for the object or purpose for which such obligations were issued,such portion shall be applied only to the
payment of the principal of and interest on such obligations,respectively(Local Finance Law-Section 165.00).
Where pertinent,accounts were reviewed with affected departments for a determination of appropriateness and concurrence.
The following accounts,totaling$99,527.52 listed below,are coded within one or more of the purposes for closure:
(1)Balance of funds too small to proceed with a Capital Project (2)No further commitments
(3)Will not be used per resolution definition of project (4)No activity for number of years
(5)Never been used (6)Negative Impact on Arbitrage
AVAILABLE
FUND SERIES MUNIS PROJECT BUDGET EXPENDITURE BALANCE CODE
3013 2010 33210106 Purch Fire Apprts 10 SV GC $1,029,504.56 $1,028,304.56 $ 1,200.00 1,2,3,6
3013 2010 33320706 Delwr Pk Radio Stn Rh 10 552,302.90 484,302.90 68,599.66 1,2,3,6
3014 2011 34324806 Sheas Stg House Brick 11 109,409.99 100,168.13 9,241.86 1,2,3,6
3015 2012 35328206 Hatch Restr Addition 414,803.71 414,664.32 139.39 1,2,3
3015 2012 35403606 Public Arts Restor 275,810.53 274,614.82 1,195.71 1,2,3
3016 2014 36400006 JB Wiley Light Imp 250,000.00 238,651.65 11,348.35 1,2,3
3017 2015 37304106 Streets Vehicles 394,667.55 386,865.00 7,802.55 1,2
$3,027,098.90 $2,927,571.38 $99,527.52
Mr. Rivera moved:
That the above item be,and the above communication from the Comptroller,dated March 10,2016,be received and filed;and
That the Comptroller is hereby authorized to closeout bonds not expended for the object or purpose of the bonds,as more fully described in the
above communication.
PASSED
AYES 9, NOES 0
NO.553
MONEY OWED TO CITY BY BMHA
Before appropriating any funding for the Buffalo Municipal Housing Authority(BMHA)for operating expenses,the Common Council should be
aware that the BMHA currently has outstanding invoices due to the City totaling more than$3 million.The money due to the City includes:
• $1.9 million for bulk natural gas for heating BMHA buildings for 2005-2008.
• $1.1 million for police services($650,000 for 2015 and$433,334 for 2013).
• $159,502 for indirect costs provided by various City departments($22,786 annually for 2009-2015)
The City should ensure that all outstanding invoices are paid before providing any additional funding to the BMILA.
REFERRED TO THE COMMITTEE ON FINANCE
NO.554
REFUND RESULTING FROM AUDIT OF STREET LIGHT AND ELECTRICITY ACCOUNTS
As a result of the Audit of the Street Light and Electricity Accounts,the City has received a retired from National Grid totaling$1,013,055.39.This
retired,which includes interest owed to the City,is the result of an overcharge for luminaires(light fixtures on street lights)that did not exist.
This refund represents only one of the claims that have been submitted to National Grid as a result of the audit.There are additional claims that we
look forward to resolving with National Grid once the utility provider completes its own field audit.Officials from National Grid have assured us that
its field audit will be complete by next month.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE PRESIDENT OF THE COUNCIL
NO.555
BUS STOP AT 2500 WALDEN
Dear Mr.Cooper:
I am writing to you today as an elected city official in the city of Buffalo concerning the new Walmart store to be opened at 2500 Walden Ave.in
Cheektowaga NY.My office has been contacted by several Buffalo residents who are concerned about public transportation to the new site.
Current Walmart employees,who fear retaliation,have contacted me to ask for assistance in the matter. I am respectfully writing to you today to
ask for a quick and fair solution as to the placement of a bus shelter and allowance for the Niagara Frontier Transportation Authority to operate
directly on the property.
My office recently spoke with a manager at the store named Jessica who explained that the bus stop would be across the street from the store.A
bus stop across the street from the store is in no way acceptable.My greatest concern is for city residents who would like to patronize your store
but will be forced to cross a busy street and then the store's parking lot and then reverse the direction of travel with merchandise.Crossing Walden
proved to be a nightmare in the past and could prove to be a nightmare in the future if a bus stop is placed anywhere but on the property of a major
retailer like Walmart.
I am sure that you have been made aware of a previous incident of a major mall operator on Walden who refused to allow access to their premises.
They too felt that a stop across the street from their location was adequate,led protests of that facility after a young lady from the city lost her life
crossing the street on her way to work at the mall. Now the mall allows for public transportation to pull directly up to the door to service riders.
Again, I respectfully implore you to immediately change course and allow public transportation on the premises,anything less is not acceptable. I
am always available to speak to you on the matter.
Sincerely,
Darius G. Pridgen
Ellicott District Councilmember
Buffalo Common Council President
RECEIVED AND FILED
FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION
NO.556
LEVEL 3 COMMUNICATIONS,LLC AND BROADWING
COMMUNICATIONS APPLICATIONS FOR CORRECTION OF
MULTIPLE-PARCEL ERRORS ON FORM RP-556-B
DATED JUNE 3,2013
In correspondence from Erie County Real Property Tax Director Joseph L. Maciejewski dated January 11, 2016, (attached as Exhibit"A"), the City of
Buffalo Department of Assessment and Taxation was provided with Applications for Correction of Multiple-Parcel Errors on Form RP-556-b dated May
29,2013 received from Level 3 Communications, LLC and Broadwing Communications(Level 3)(attached as Exhibits"B"and"C").
Level 3 has submitted 556-b Applications seeking to have the assessments on its fiber optic cables reduced to zero and to obtain refunds of taxes paid
for 2010, 2011 and 2012. Based on a thorough review of both the Applications and the recommendations from Director Maciejewski, I fully support the
findings of the Erie County Real Property Tax Director and recommend denial of the Applications.
Also attached herewith please find a Resolution denying the Applications in their entirety. Please consider the content for adoption at the March 15,
2016 Common Council meeting.
RECEIVED AND FILED
FROM THE COMMISSIONER OF PUBLIC WORKS,PARKS AND STREETS
NO.557
INCREASE IN ENCUMBRANCE
LIRO ENGINEERS,INC.
CITY-WIDE SIDEWALK INSPECTION SERVICES
FOR VARIOUS PROJECTS
SERVICES CONTRACT#93001534
ITEM#601,03/31/15
I hereby submit to your Honorable Body the following increase to the consultant contract for the above named contract.This increase in encumbrance is
necessary to continue the services under the term contract for the 2016 construction services.This increase in encumbrance is in accordance with the
consultant agreement,and project procurement.This is the second year of the three year term contract.
Current Approval amount $150,000.00
Increase in Approval $150,000.00
Updated approval $300,000.00
Funds are available in Capital Projects Account#38312886-445100,2016 Bond account(s),and/or another account to be named at a future date.
I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the
subject change order and authorize the Commissioner of Public Works, Parks&Streets to issue said increase in encumbrance to LiRo Engineers, Inc.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks
and Streets,dated March 4,2016,be received and filed;and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute an increase in
encumbrance in the amount of $150,000.00 (Original Approval $150,000.00 + Increase in Approval $150,000.00 for an Adjusted Approval of
$300,000.00) for City-wide Sidewalk Inspection Services for Various Project, to LiRo Engineers, Inc., Contract#93001534. Funds are available in
Capital Projects Accounts#38312886-445100,20i6 Bond account(s),and/or another account to be named at a future date.
PASSED
AYES-9 NOES-0
NO.558
INCREASE IN ENCUMBRANCE
MARQUIS ENGINEERING,P.C.
INFRASTRUCTURE INSPECTION CONSULTING
SERVICES CONTRACT#93001288
ITEM#19,12/10/13
ITEM#493,03/04/15
I hereby submit to your Honorable Body the following increase to the consultant contract for the above named contract.This increase in encumbrance is
necessary to continue the services under the term contract for the 2016 construction services.This increase in encumbrance is in accordance with the
consultant agreement,and project procurement.This is the third year of the three year term contract.
Current Approval amount $400,000.00
Increase in Approval $200,000.00
Updated approval $600,000.00
funds are available in Capital Projects Account#38312886-445100,2016 Bond account(s),and/or another account to be named at a future date.
I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the
subject change order and authorize the Commissioner of Public Works, Parks&Streets to issue said increase in encumbrance to Marquis Engineering,
P.C.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks
and Streets,dated March 4,201-6,be received and filed;and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute an increase in
encumbrance in the amount of $200,000.00 (Original Approval $400,000.00 + Increase in Approval $200,000.00 for an Adjusted Approval of
$600,000.00)for the Infrastructure Inspection Consulting Services Contract,to Marquis Engineering, P.C., Contract#93001288. Funds are available in
Capital Projects Accounts#38312886-445100,2016 Bond account(s),and/or another account to be named at a future date.
PASSED
AYES-9 NOES-0
NO.559
INCREASE IN ENCUMBRANCE
NUSSBAUMER&CLARKE,INC.
CITY-WIDE SIDEWALK INSPECTION SERVICES
FOR VARIOUS PROJECTS
SERVICES CONTRACT#93001540
ITEM#602,03/31/15
I hereby submit to your Honorable Body the following increase to the consultant contract for the above named contract.This increase in encumbrance is
necessary to continue the services under the term contract for the 2016 construction services.This increase in encumbrance is in accordance with the
consultant agreement,and project procurement.This is the second year of the three year term contract.
Funds are available in Capital Projects Account#38312886-445100,2016 Bond account(s),and/or another account to be named at a future date.
Current Approval amount $200,000.00
Increase in Approval $200,000.00
Updated approval $400,000.00
I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the
subject change order and authorize the Commissioner of Public Works, Perks & Streets to issue said increase in encumbrance to Nussbaumer &
Clarke, Inc.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks and Streets,dated March 4,
2016,be received and filed; and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute an increase in
encumbrance in the amount of $200,000.00 (Original Approval $200,000.00 + Increase in Approval $200,000.00 for an Adjusted Approval of
$400,000.00)for City-wide Sidewalk Inspection Services for Various Projects,to Nussbaumer&Clarke, Inc.,Contract#93001540. Funds are available
in Capital Projects Accounts#38312886-445100,2016 Bond account(s),and/or another account to be named at a future date.
PASSED
AYES-9 NOES-0
NO.560
PERMISSION TO AMEND BETTERMENT AGREEMENT WITH THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION NY
GATEWAY CONNECTIONS IMPROVEMENT(NIA)(DPW)
NO 2 OF 7/29/2014
Permission is hereby requested of Your Honorable Body to authorize the Commissioner of Public Works, Parks and Streets to amend the betterment
agreement between the City of Buffalo and the NYSDOT for the NY Gateway Connections Improvement Project, PIN 576080.The City of Buffalo and
NYSDOT both desire to add the repaying of 470 feet of Sheridan Terrace into the DOT's contract. This portion of Sheridan Terrace falls under the
City's jurisdiction and is in need of repaying. The DOT is offering to cover half of the cost of this work which would limit the City's cost to$89,947.14.
The amendment to the agreement would bring the entire betterment agreement to the amount of$553,076.14. The cost for the City's portion of the
betterment will be funded out of account 32000006-445100 and or an account to be named at a later date.
The agreement would be subject to approval as-to-form by Corporation Counsel.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks
and Streets,dated March 9,2016,be received and filed;
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to amend the betterment
agreement between the City of Buffalo and the New York State Department of Transportation(NYSDOT)for the NY Gateway Connections Improvement
Project, PIN 576080.The City of Buffalo and NYSDOT both desire to add the repaying of 470 feet of Sheridan Terrace into the NYSDOT's contract.
This portion of Sheridan Terrace falls under the City's jurisdiction and is in need of repaving.The agreement would be subject to approval as-to-form by
the Corporation Counsel.The NYSDOT is offering to cover half of the cost of this work which would limit the City's cost to$89,947.14.The amendment
to the agreement would bring the entire betterment agreement to the amount of$553,074.14.The cost of the City's portion of the betterment will be
funded out of Account#32000006-445100 and/or an account to be named at a later date.
PASSED
AYES-9 NOES-0
NO.561
PERMISSION TO CHANGE SCOPE
PLAYCOURTS PHASE III
TITAN DEVELOPMENT,INC.
CONTRACT#93001513
#409 OF MARCH 3,2015
I hereby submit to your Honorable Body the following no cost scope change for contract#93001513.Titan Development, Inc.is the contractor for
PlayCourts Ph III to complete the following scope change:
Delaware Park:asphalt path,path base,park bench,curb cut,crosswalk
I certify that trait prices from current contract will be utilized for items to complete work where applicable.There are no additional funds required to be
added to the contract to complete this work.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks and Streets,dated March 10,
2016,be received and filed;
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to change the scope of Contract
#93001513, PlayCourts Phase III,with Titan Development, Inc., at no cost increase.The change is to include Delaware Park:asphalt path, path base,
park bench,curb cut and crosswalk.
PASSED
AYES-9 NOES-0
NO.562
PERMISSION TO DISPOSE WOOD STATUES
ERIE BASIN MARINA FILLMORE DISTRICT
There are six wooden statues at Erie Basin Marina that were donated by various entities following the October 2005 storm through the Carvings For a
Cause charity. Many of the statues have deteriorated to the point that they present a safety concern and the Carvings For a Cause charity is not
interested in taking possession of them. The Buffalo Arts Commission was contacted and it indicated that it was not interested in taking possession of
the statues. Finally, the individual donors were contacted, where possible, to determine if they were interested in taking the statues and each donor
confirmed that they were not interested in taking possession of the statues.
Permission is hereby requested from Your Honorable Body to grant the Commissioner of Public Works Parks and Streets(DPW)to authorize the DPW
staff to dispose of the following wood statues:
The Buffalo
The Bald Eagle
George J. Roberts,Jr.Thomas Edison
Dr.Martin Luther King
For Your Honorable Body's information the Buffalo Lighthouse wood statue has been moved to the vicinity of the Ohio Street Lift Bridge.The statue is in
good condition and will be able to be maintained in a safe condition for the foreseeable future.The Division of Engineering will maintain the statue for the
duration that it remains in the possession of the City of Buffalo.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks and Streets,dated March 10,
2016,be received and filed;and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to authorize Department of
Public Works'staff to dispose of the following wood statues that were donated by various entities following the October 2005 storm through the
Carvings For A Cause Charity:
The Buffalo
The Bald Eagle
George J. Roberts,Jr.
Thomas Edison
Dr.Martin Luther King
The statues have deteriorated to the point that they present a safety concern.
PASSED
AYES-9 NOES-0
NO.563
PERMISSION TO HIRE CONSULTANT CITY COURT ROOFING AND GLAZING REPLACEMENT ELLICOTT DISTRICT
Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks and Streets to hire Kideney Architects
as a consultant to provide architectural and engineering services for the City Court, Roofing and Glazing Replacement Project.
The cost for consulting services is estimated not to exceed $125,000. The funds are available in account#38322956-445100. The consultant has
been chosen through a Request for Proposal process(RFP).
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks and Streets,dated March 7,
2016,be received and filed;and
That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire Kideney Architects as a consultant to provide
architectural and engineering services for the City Court, Roofing and Glazing Replacement Project. The consultant was chosen through a Request for
Proposals(RFP)process. The cost for consulting services is estimated not to exceed$125,000.00. The funds are available in Account#38322956-
445100.
PASSED
AYES-9 NOES-0
NO.564
PERMISSION TO HIRE CONSULTANT
FOR ENGINEERING SERVICES
NORTHLAND AVENUE STREETSCAPE PROJECT
BETWEEN GRIDER STREET AND FILLMORE AVENUE
MASTEN DISTRICT
I hereby request permission from Your Honorable Body to hire an Engineering Consultant for the design, construction management and inspection of
the Northland Avenue Streetscape Project in the Masten District.The funds for these services are available in our Capitol Accounts.
In order to move this project forward, this department is requesting permission to take proposals and hire an engineering consultant for the design,
construction management and inspection of this project. It is also necessary for Your Honorable Body to authorize the Mayor and/or this department to
enter into all necessary agreements. These agreements would enable this department to administer the project and will cover all other necessary tasks
needed to complete the project.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks and Streets,dated March 3,
2016,be received and filed;and
That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire an engineering consultant for the design,
construction management and inspection of the Northland Avenue Streetscape Project between Grider Street and Fillmore Avenue in the Masten
District. The consultant will be chosen through a Request for Proposals(RFP)process.
That the Common Council hereby authorizes the Mayor and/or the Department of Public Works, Parks and Streets to enter into all necessary
agreements to administer the project.
PASSED
AYES-9 NOES-0
NO.565
PERMISSION TO INCREASE CONSULTANT CONTRACT
CLOUGH HARBOUR&ASSOCIATE LLP BAILEY AVENUE BRIDGE
CONTRACT#92011078 LOVEJOY DISTRICT
(44 OF 3/2/2010)
I hereby submit to your Honorable Body the following change for this contract.Clough Harbour&Associate is the engineering consultant for design and
construction inspection services for proposed replacement of the two highly deficient bridges that carry Bailey Avenue over Buffalo River&Cazenovia
Creek project.
This increase is necessary for additional services by consultant for the Design and
Inspection during the construction phase.
Previously approved contract $2,626,364.00
This Change Order $1,192,170.00
Total $3,818,534.00
I certify that this increase is fair and equitable for the work involved and respectfully request that your Honorable Body approve the subject costs
increase and authorize the Commissioner of Public Works: Parks and Streets to issue said increase for$1,192,170.00
This is a federal,State and City funded project.The funds for City share will be available in our Capital project Accounts.
Title:Michael J. Finn, P.E.,City Engineer
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Public Works Parks and Streets,dated March 9,
2016,be received and filed;and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute a Change Order in
the amount of $1,192,170.00 (Original Contract Amount $2,626,364.00 + Change Order $1,192,170.00 for a Revised Contract Amount of
$3,818,534.00) for the design and construction inspection services for the proposed replacement of the two highly deficient bridges that carry Bailey
Avenue over the Buffalo River and Cazenovia Creek,to Clough Harbour&Associate LLP,Contract#92011079.This is a Federal,State and City funded
project.The funds for the City's share will be available in the Capital Project Accounts.
PASSED
AYES-9 NOES-0
NO.566
PERMISSION TO WAIVE FORMAL
BIDDING PROCEDURES FOR SINGLE
SOURCE PURCHASE OF WASTE MANAGEMENT
SOFTWARE AND OUTREACH REPORT
PRIOR COUNCIL REFERENCE:(IF ANY)[:
The Department of Public Works, Parks&Streets is requesting permission from Your Honorable Body to waive formal bidding procedure for the single
source purchase of a waste management software and outreach program.
The City wishes to enter into an agreement with Zerocycle, Inc.Zerocycle, Inc.provides a waste management software platform that collects and
analyzes waste and recycling data to determine recycling rate and prepares customized reports that are mailed to select neighborhoods.The
Department of Public Works, Parks&Streets has determined that there are no other vendors that have the capability to do this work.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks and Streets,dated March 2,
2016,be received and filed;and
That the Common Council hereby grants permission to the Commissioner of the Department of Public Works, Parks and waive the formal bidding
procedure for the single source purchase of a waste management software and outreach program.
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement with
Zerocycle, Inc.,which provides a waste management software platform that collects and analyzes waste and recycling data to determine recycling rates
and prepares customized reports that are mailed to select neighborhood.
PASSED
AYES-9 NOES-0
NO.567
REPORT OF BIDS CAZENOVIA PARK CASINO
STRUCTURAL RECONSTRUCTION JOB#1433
SOUTH DISTRICT
I requested on February 18th,2016 and received the following formal bids for the Cazenovia Park Casino Structural Reconstruction project on March 3rd,
2016.
Contractor Base Bid
Trason Development Corp $338,000
EdBauer Construction $367,713
Kirst Construction, Inc $399,000
I hereby certify that the foregoing is a true and correct statement of all bids received and that Trason Development Corp.,with a base bid of
$338,000.00,plus a 10%contingency of$33,800.00 for a total contract amount of Three Hundred Seventy One Thousand Eight Hundred&00/100
Dollars($371,800.00),is the lowest responsible bidder in accordance with the plans and specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to order on the basis of the lowest responsible
bid. Funding for this project is available in account#38322946-445100.
Mr. Rivera moved:
That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets,dated March 9,
2016,be received and filed;and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for
the Cazenovia Park Casino Structural Reconstruction Project,with Trason Development Corp.,with a total contract amount of$371,800.00(Base Bid
$338,000.00+10%contingency$33,800.00 for a Total Contract Amount of$371,800.00). Funds for this project are available in Account#38322946-
445100
PASSED
AYES-9 NOES-0
NO.568
REPORT OF BIDS
CITY HALL CAFETERIA VENTILATION UPGRADE
AIR MONITORING
ELLICOTT DISTRICT
I requested on March 2nd'2016 and received the following informal bids on March 8th,
2016 for air monitoring services for the City Hall Cafeteria Ventilation project.
Air Monitoring
Stohl Environmental $5,480.00
U NYSE Environmental Consultants $5,681.25
LaBella Associates $8,830.00
Epic Environmental Contracting No Bid
I hereby certify that the foregoing is a true and correct statement of all bids received and that Stohl Environmental with a Base Bid of$5,480,plus a 10%
contingency of$548 for a total contract amount of Six Thousand Twenty Eight Dollars and 00/100($6,028)is the lowest responsible bidder in according
with plans and Specifications.
I recommend that your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to order the work on the basis of the low bid.
Funding for this project will be available in an account to be named at later date.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks and Streets,dated March 9,
2016,be received and filed;and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for air
monitoring services for the City Hall Cafeteria Ventilation Project, with Stohl Environmental, with a total contract amount of $6,028.00 (Base Bid
$5,480.00+ 10%contingency$548.00 for a Total Contract Amount of$6,028.00). Funds for this project are available in an account to be named at a
later date.
PASSED
AYES-9 NOES-0
NO.569
REPORT OF BIDS
CITY HALL CAFETERIA VENTILATION UPGRADE
HAZARDOUS MATERIAL ABATEMENT
ELLICOTT DISTRICT
I requested on March 2nd'2016 and received the following informal bids on March 8th,2016 for air monitoring services for the City Hall Cafeteria
Ventilation project.
Hazardous Material Abatement
Stohl Environmental $29,330
UNYSE Environmental Consultants No Bid
LaBella Associates No Bid
Epic Environmental Contracting $28,100
I hereby certify that the foregoing is a true and correct statement of all bids received and that Epic Environmental Contracting with a Base Bid of
$28,100,plus a 10%contingency of$2,810 for a total contract amount of Thirty Thousand Nine Hundred Ten Dollars and 00/100($30,910)is the
lowest responsible bidder in according with plans and Specifications.
I recommend that your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to order the work on the basis of the low bid.
Funding for this project will be available in an account to be named at later date.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks and Streets,dated March 9,
2016,be received and filed;and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for air
monitoring services for the City Hall Cafeteria Hazardous Material Abatement, with Epic Environmental Contracting, with a total contract amount of
$30,910.00(Base Bid$28,100.00+ 10%contingency$2,810.00 for a Total Contract Amount of$30,910.00). Funds for this project are available in an
account to be named at a later date.
PASSED
AYES-9 NOES-0
NO.570
REPORT OF BIDS
CITY-WIDE CURB&SIDEWALK REPLACEMENT 2016
CDBG YR-40 DPW GROUP 874A
In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be
performed.The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less
than the total bid.
The following bids were received
Contractor Base Bid
Millennium Construction $578,357.50
34 Peuquet Pkwy,Tonawanda, NY 14150
Roman Construction $600,541.50*
7279:Lakeview Ct, Pendleton, NY 14120
CVF Inc $667,725.00
100 Burkhardt, Depew, NY 14043
Destro&Brothers $676,350.00
411 Ludington St, Buffalo, NY 14086
P&J Construction $687,500.00
709 Pleasantview, :Lancaster, NY 14086
Campobello $738,588.00
23 Stratford Rd, Buffalo, NY 14216
Occhino Corp $760,427.20
2650 Seneca St.,West Seneca, NY 14224
Sunshine Concrete $Bid not Accepted
3461 Stevenson Ct, N.Tonawanda, NY 14120
I hereby certify that the low bidder for the above project is Millennium Construction.
I respectfully recommend a contract award in the amount$578,357.50. Funds for this contract are available in#DJ9B2027-470000 and/or an account to
be named at a later date.
The engineer's estimate for this work is$790,000.00
The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law,any of the bidders may
withdraw his bid if an award of the contract is not made by April 23,2016. Individual bid submissions are available in our office for inspection and copies
are available upon request.
Please find attached a copy of the statement of compliance for the requirements for the City of Buffalo Apprenticeship Training Program signed by the
low bidder.
*Adjusted amount to correct for mathematical errors in the calculation of the bid.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks and Streets,dated March 11,
2016,be received and filed;and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for
the City-Wide Curb and Sidewalk Replacement 2016,CDBG YR-40 DPW Group 874A,with Millennium Construction,with a total contract amount of
$578,357.50. Funds for this contract are available in Account#DJ9B2027-470000 and/or an account to be named at a later date.
PASSED
AYES-9 NOES-0
NO.571
REPORT OF BIDS
CITY-WIDE CURB&SIDEWALK REPLACEMENT 2016
CDBG YR-40 DPW GROUP 874B
In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material winch will be
performed.The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less
than the total bid.
The following bids were received:
Contractor Base Bid
P&J Construction $557,116.70
709 Pleasantview, Lancaster, NY 14086
Roman Construction $625,745.00
7279:Lakeview Ct, Pendleton, NY 14120
Destro&Brothers $629,410.00*
411 Ludington St, Buffalo, NY 14086
CVF Inc $684,475.00
100 Burkhardt, Depew, NY 14043
Campobello $747,625.00
23 Stratford Rd, Buffalo, NY 14216
I hereby certify that the low bidder for the above project is P&J Construction.
I respectfully recommend a contract award in the amount$557,116.70. Funds for this contract are available in#DJ9B2027-470000 and/or an account to
be named at a later date.
The engineer's estimate for this work is$800,000.00
The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law,any of the bidders may
withdraw Ins bid if an award of the contract is not made by April 24,2016. Individual bid submissions are available in our office for inspection and copies
are available upon.request.
Please find attached a copy of the statement of compliance for the requirements for the City of Buffalo Apprenticeship Training Program signed by the
low bidder:
*Adjusted amount to correct for mathematical errors in the calculation of the bid.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks and Streets,dated March 11,
2016,be received and filed;and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for
the City-Wide Curb and Sidewalk Replacement 2016,CDBG YR-40 DPW Group 874B,with P&J Construction,with a total contract amount of
$557,116.70. Funds for this contract are available in Account#DJ9B2027-470000 and/or an account to be named at a later date.
PASSED
AYES-9 NOES-0
NO.572
REPORT OF BID TREE CARE OF NEW YORK,LLC
BAILEY AVENUE BRIDGES-PIN 5756.34 OVER CAZENOVIA CREEK&BUFFALO RIVER LOVEJOY DISTRICT
This is to advise your Honorable Body that I requested informal bid proposal and received the following four bid Proposals on March 7,2016 for the tree
removal at site of Bailey Avenue Bridges over Buffalo River and Cazenovia Creek project. It is necessary to advance the tree removal ahead of the
project work to avoid restriction on the tree removal after April 1St due to endangered species.
Tree Care of New York, LLC $13,470.00
Eastwood Industries, Inc $22,200.00
Tree Services of WNY, LLC $26,608.00
Schneck's Tree Removal, Inc $56,400.00
I hereby certify that the lowest responsible bidder is Tree Care of New York, LLC and respectfully recommend that your Honorable Body authorize a
contract award the amount of$13,470.00
Project is Funded by FHWA and the City of Buffalo as part of local Transportation Improvement Program(T.I.P.). Funds for this project will be available
in an account to be named later.
REFERRED TO THE COMMITTEE ON FINANCE
NO.573
TRADE IN OF VEHICLE
THE DEPARTMENT OF PUBLIC WORKS, DIVISION OF WATER, IS REQUESTING PERMISSION TO TRADE IN THE LISTED BELOW
VEHICLE FOR THE PRUCHASE OF A NEW HEAVY DUTY VEHICLE.THIS REQUEST WILL BE USED FOR THE REPAIR&MAINTENANCE
OF THE WATER DISTRIBUTION SYSTEM&MAINTENANCE OF THE COLONEL WARD PUMPING STATION.
REFERRED TO THE COMMITTEE ON FINANCE
NO.574
APPOINT SPECIAL ASSISTANT TO THE COMMISSIONER(EXEMPT)(RIZZO)
Appointment effective 02/29/2016 in the Department of Public Works, Parks and Streets, Division of Engineering to the Position of Special Assistant to the
Commissioner, Exempt at the flat salary of$40,373
Danielle M. Rizzo, 10 Frontenac Ave, Buffalo, NY 14216
REFFERED TO THE COMMITTEE ON CIVIL SERVICE
NO.575
APPOINT SUPERVISOR OF STREET SANITATION I(PERM)(INTER)(HUPKOWICZ)
Appointment effective 03/07/2016 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Supervisor of Street
Sanitation I, Permanent at the Intermediate salary of$39,019
Mark Hupkowicz,259 Fillmore Ave, Buffalo, NY 14206
REFFERED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF POLICE
NO.576
ARMED GUARD SERVICES FOR CITY HALL
The Buffalo Police Dept hereby requests permission from your Honorable Body to contract armed guard services for Buffalo City Hall with G4S Secure
Solutions USA.
On January 5,2016,the Division of Purchase issued an RFP for Armed Guard Services for Buffalo City Hall.A pre-proposal conference was held on
January 26,2016 with a due date for proposals of February 9,2016.
Eight companies submitted proposals:
G4S,Command Security, U.S.Security,Securitas,Sera Security,Apollo International and Trace Assets
On 3/1/16,a review committee comprised of Buffalo Police,City of Buffalo Purchasing and the Mayor's Office,met to discuss the responses to the RFP
for Armed Guard Security Services in City Hall. Eight companies responded to the RFP and of the eight,three companies were identified as having the
size,skill and ability to perform the requested service.
G4S Secure Solutions USA was chosen as the best value.G4S is a leading security provider for numerous government agencies around the country.
They have vast experience conducting security screening and operating security equipment.Their security implementation timeline was very responsive
and designed to adjust based on the City of Buffalo needs.G4S also have a large local presence in the Buffalo market and have local management.
The RFP review committee feels confident that G4S Secure Solutions will be more than capable of providing the security screening services for City Hall.
Estimated contract value$650,000 annually.
REFERRED TO THE COMMITTEE ON FINANCE
NO.577
APPOINT POLICE CAPTAIN(CONT PERM)(TESTA)
Appointment effective March 14,2016 in the Department of Police, Division of Patrol to the Position of Police Captain Contingent Permanent at the Flat
Salary of$92,271
Scott A.Testa, 1577 Jamaica,Tonawanda, NY 14120
REFFERED TO THE COMMITTEE ON CIVIL SERVICE
NO.578
APPOINT POLICE INSPECTOR(PERM)(BARANSKI)
Appointment effective March 14,2016 in the Department of Police, Division of Patrol to the Position of Police Inspector, Permanent at the Flat Salary of
$100,897
Henry E. Baranski,282 Enchanted Forest, Lancaster, NY 14086
REFFERED TO THE COMMITTEE ON CIVIL SERVICE
NO.579
APPOINT POLICE INSPECTOR(CONT PERM)(BLAKE)
Appointment effective March 14,2016 in the Department of Police, Division of Patrol to the Position of Police Inspector,Contingent Permanent at the Flat
Salary of$100,897
William P. Blake,34 South Lane,Orchard Park, NY 14127
REFFERED TO THE COMMITTEE ON CIVIL SERVICE
NO.580
APPOINT POLICE LIEUTENANT(CONT PERM)(DANIELS,RAK)
Appointment effective March 14,2016 in the Department of Police, Division of Patrol to the Position of Police Lieutenant Contingent Permanent at the Flat
Salary of$81,343
Davis Daniels,576 Swan St, Buffalo, NY 14210
Genevieve A. Rak,26 Riverview Court,Grand Island, NY 14072
REFFERED TO THE COMMITTEE ON CIVIL SERVICE
NO.581
APPOINT POLICE LIEUTENANT(PERM)(LEONE)
Appointment effective March 14,2016 in the Department of Police, Division of Patrol to the Position of Police Lieutenant Permanent at the Flat Salary of
$81,343
Craig J. Leone, 103 Avondale Place, Buffalo, NY 14210
REFFERED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE CORPORATION COUNSEL
NO.582
ACCESS BY PRAXAIR DISTRIBUTION,INC.TO CITY-OWNED PROPERTY LOCATED AT
90 HOPKINS STREET FOR PURPOSES OF LIME PILES REMOVAL/ENVIRONMENTAL REMEDIATION
DISTRICT SOUTH
PRIOR COUNCIL REFERENCE:(Item No.289,C.C.P.07/20/04, Item No.6,C.C.P. 12/13/05, Item No.5,C.C.P. 10/16/07, Item No.6,C.C.P.
10/27/09,and Item No.6,C.C.P. 11/01/11)
Your Honorable Body has previously authorized certain preliminary measures and actions regarding the City-owned approximately 8 acre former
industrial property at 90 Hopkins(the"Site")for site testing,site characterization,grant funding and related actions and measures.
The Site was formerly and historically an acetylene gas manufacturing facility and was owned by Linde Air Products Corporation which merged into
Union Carbide and was passed down through related/successive entities as well as unrelated entities before the City of Buffalo took title to the Site
in 1987 through property tax foreclosure,The acetylene gas manufacturing and related operations formerly conducted at the Site have resulted in
approximately 118,000 cubic yards of lime materials being left stockpiled at the Site for a number of years.The lime materials have relatively high pH
content and therefore have beneficial uses in an agricultural setting for regulating acidity levels in farm soils. However,the lime material in its current
location at 90 Hopkins is not beneficial. Praxair Distribution, Inc.and its corporate affiliates are the present day successors of the operator of the
former acetylene gas manufacturing facility on the Site. Praxair has entered into an Order on Consent with the New York State Department of
Environmental Conservation which requires Praxair to remove the lime piles from the Site gradually between now and November of the year 2022. It
is expected however that the lime will be removed before November 2022.
The Site is bounded to the north by the former Colgate Avenue paper street,and the recently remediated former Alltift Landfill/Ramco Steel
wetlands.A commercial and private property is situated to the northeast,and a large automotive scrap yard is located to the east and southeast of
the property.An active railroad right-of-way is located immediately adjacent to the southwestern side of the property with the LTV Steel MariIla Street
Landfill situated further west.These adjoining properties and their historic uses have impacted the Site as well,but the subject of this
communication is solely with respect to permitting access for Praxair to remove the lime piles from the Site.
I am requesting permission from your Honorable Body to enter into an access agreement with Praxair to facilitate the removal by Praxair of the lime.
No City funding is being requested as part of this project at this time.
Standard areas of concern to the City which will be addressed in the access agreement are appropriate insurance and indemnification.
Accordingly, I am requesting that your Honorable Body authorize my office to prepare the necessary access agreement with periodic
updates/modifications thereto between the City of Buffalo and Praxair and I am further requesting that Your Honorable Body authorize the Director of
the Division of Real Estate and or other appropriate City personnel to execute the access agreement and to take all such other actions as shall be
necessary or desirable to facilitate and implement the foregoing objectives to allow removal of remaining time materials from the Site.
Mr. Rivera moved:
That the above item be,and the above communication from the Department of Law,Office of the Corporation Counsel dated March 9,2016,be
received and filed;
That the Common Council hereby authorizes the Office of the Corporation Counsel to prepare the necessary access agreement with period
updates/modifications thereto between the City of Buffalo and Praxair Distribution, Inc.to facilitate the removal of lime piles from 90 Hopkins;and
that the Common Council hereby authorizes the Director of the Division of Real Estate and/or other appropriate City personnel to execute the access
agreement and to take all such other actions as shall be necessary or desirable to facilitate and implement the objectives to allow removal of the
remaining lime materials from the site. No City funding is being requested as part of this project at this time.
PASSED
AYES-9 NOES-0
NO.583
PORTION OF CITY-OWNED FOURTH STREET VEHICULAR PUBLIC RIGHT OF WAY ADJACENT WESTERLY TO BLUE CROSS/BLUE
SHIELD AND THE WATERFRONT SCHOOL BEHIND CITY HALL-AUTHORIZATION SOUGHT FOR CITY TO EXECUTE AND RECORD AN
"ENVIRONMENTAL EASEMENT"ALONG WITH AN AGREEMENT WITH NATIONAL FUEL GAS DISTRIBUTION CORPORATION ALL FOR
AND AT THE REQUEST OF THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION(NYSDEC)AS PART OF
THE DOCUMENTATION FINALIZATION AND CLOSE-OUT OF THE OBJECTIVES SET FORTH IN THE ENVIRONMENTAL SITE
CHARACTERIZATION REPORT THAT WAS PREPARED IN CONNECTION WITH THIS PROPERTY BEGINNING IN 2012
Over the past 11 years or so, National Fuel Gas Distribution Corporation has entered into a series of Orders on Consent with the New York State
Department of Environmental Conservation which obligated National Fuel to perform certain environmental remediation cleanup measures as well as
certain additional soil testing and analysis at and around and near the former manufactured gas plant site once known as the"National Fuel Gas
Buffalo Service Center".The former National Fuel Gas Buffalo Service Center is now the location of the HealthNow Blue Cross/Blue Shield Office
Building and Parking Ramp behind City Hall.Among the more recent Orders on Consent was Order On Consent Index#139-0695-05-06A,Site
#C915194A"Former Buffalo Service Station(BSS)Off-Site"which basically addressed potential environmental concerns in the area of the former
Wilkeson Slip which(before it was filled-in sometime between the years 1895 and 1915)was essentially a"canal driveway"leading from the
National Fuel Gas Buffalo Service Center to the former Erie Canal which was located in the area which is now under the NYS Thruway 1-190.The
currently City-owned portion of the subject former Wilkeson Slip area which is the focus of the Environmental Easement is a 5,558 square feet area
which is currently used as a vehicular public right of way commonly known as a portion of Fourth Street adjacent westerly to HealthNow Blue Cross
Blue Shield behind City Hall.The recent environmental testing revealed the presence of residual manufactured gas plant("MGP")materials("coal
tar")at levels situate 15 to 18 feet below the ground surface of the Fourth Street vehicular right of way.The NYSDEC concluded that the MGP
materials in the concentrations found at 15 to 18 feet below ground surface did not warrant immediate removal and were of low risk to exposure but
that an Environmental Easement would need to be executed along with implementation of a proper Soil Management Plan so that the MGP materials
could be monitored and managed properly into the future so as to minimize potential human contact with the MGP materials.Attached is the
proposed Environmental Easement along with a proposed Agreement Between National Fuel Gas Distribution Corporation and The City of Buffalo
Regarding NYSDEC Site No.#C915194A.The Environmental Easement and the Agreement between the City and National Fuel obligate National
Fuel to perform the periodic inspections and certifications associated with the long term monitoring of the MGP materials.The Agreement between
the City and National Fuel obligates National Fuel to take on the expenses associated with properly addressing/disposing the MGP materials in the
event that future use of the subject part of the Fourth Street right of way involves deep excavation that would cause the MGP materials to be
encountered.
An Environmental Easement is a tool typically utilized by the NYSDEC to provide a title/public record notice of the types of potential concerns that
remain at the site and are a nonphysical means of enforcing restrictions and modifying and guiding human behavior at the site that are meant to
maintain and preserve the safety into the future.
The Law Department requests that Your Honorable Body:
1.Authorize the Mayor to execute the Environmental Easement and the Agreement Between National Fuel Gas Distribution Corporation and the City
of Buffalo Regarding NYSDEC Site No.C915194A in form and substance substantially similar to the versions which are being submitted for your
review with this communication,subject only to such clarifications and modifications as are reasonably necessary to properly finalize them,and
2.Authorize pertinent City personnel to take such steps and actions and to enter into such agreements as shall be reasonably necessary to achieve
the purposes and objectives of the Environmental Easement and the Agreement Between National Fuel Gas Distribution Corporation and the City of
Buffalo Regarding Site No.C915194A.
Mr. Rivera moved:
That the above item be,and the above communication from the Department of Law,Office of the Corporation Counsel,dated March 8,2016,be
received and filed;
That the Common Council hereby authorizes the Mayor to execute an Environmental Easement and Agreement between National Fuel Gas
Distribution Corporation and the City of Buffalo,regarding NYSDEC Site No.C915194A(the former National Fuel Gas Buffalo Service Center),in
which National Fuel is obligated to perform the periodic inspections and certifications associated with the long term monitoring of the manufactured
gas plant(MPG)materials and to take on the expenses associated with properly addressing/disposing of the MPG materials in the event that future
use of the subject part of the Fourth Street right-of-way involves deep excavation that would cause the MPG materials to be encountered.
That the Common Council hereby authorizes pertinent City personnel to take such steps and actions and to enter into such agreements as shall be
reasonably necessary to achieve the purposes and objectives of the Environmental Easement and the agreement between National Fuel Gas
Distribution Corporation and the City of Buffalo regarding Site No.C915194A.
Copy available for review in the City Clerk's Office
PASSED
AYES-9 NOES-0
FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT&
INSPECTION SERVICES
NO.584
FOOD STORE(NEW)475 FARGO(NIAGARA)
Pursuant to Chapter 194 of the City of Buffalo Ordinances,please be advised that I have examined the attached application for a Food Store
License located 475 FARGO(JAMIE WOZNIAK/JA WOZ LLC dba MIKES TROPICAL MARKET.)and find that as to form is correct. I will cause
an investigation into the premises for which said application for a food store license is being sought and no License will be issued until all required
approvals are obtained from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office and I find it
complies with all regulations and other applicable laws.This request is submitted for your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO.585
FOOD STORE(NEW)294 WEST FERRY(NIAGARA)
Pursuant to Chapter 194 of the City of Buffalo Ordinances,please be advised that I have examined the attached application for a Food Store
License located 294 WEST FERRY(MOHAMMED HOSSAIN/ASIA SUPER BAZAAR INC.)and find that as to form is correct. I will cause an
investigation into the premises for which said application for a food store license is being sought and no License will be issued until all required
approvals are obtained from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office and I find it
complies with all regulations and other applicable laws.This request is submitted for your approval or whatever action you deem appropriate.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Permits and Inspection Services,dated
February 26,2016 be received and filed;and
That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store
License to Mohammed Hossain d/b/a Asia Super Bazaar Inc.located at 294 West Ferry.
PASSED
AYES 9, NOES 0
NO.586
FOOD STORE(NEW)1059 GRANT(NORTH)
Pursuant to Chapter 194 of the City of Buffalo Ordinances,please be advised that I have examined the attached application for a Food Store
License located 1059 GRANT ST(AKRAM ALDAIRUAREF DELI INC.)and find that as to form is correct. I will cause an investigation into the
premises for which said application for a food store license is being sought and no License will be issued until all required approvals are obtained
from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office and I find it complies with all regulations
and other applicable laws.This request is submitted for your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO.587
FOOD STORE(NEW)289 HAMBURG(FILLMORE)
Pursuant to Chapter 194 of the City of Buffalo Ordinances,please be advised that I have examined the attached application for a Food Store
License located 289 HAMBURG(JAMIL AL SHEIKH/PROGRESS FOOD MARKET.)and find that as to form is correct. I will cause an
investigation into the premises for which said application for a food store license is being sought and no License will be issued until all required
approvals are obtained from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office and I find it
complies with all regulations and other applicable laws.This request is submitted for your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO.588
FOOD STORE(NEW)931 NIAGARA(NIAGARA)
Pursuant to Chapter 194 of the City of Buffalo Ordinances,please be advised that I have examined the attached application for a Food Store
License located 931 NIAGARA(CHUEPWINT AUNG/PA DA/LUCKY 7 ASAIN MARKET.)and find that as to form is correct. I will cause an
investigation into the premises for which said application for a food store license is being sought and no License will be issued until all required
approvals are obtained from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office and I find it
complies with all regulations and other applicable laws.This request is submitted for your approval or whatever action you deem appropriate.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Permits and Inspection Services,dated
February 26,2016 be received and filed;and
That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store
License to Chuepwint Aung and Pa Da d/b/a Lucky 7 Asian Market located at 931 Niagara.
PASSED
AYES-9 NOES-0
NO.589
FOOD STORE(NEW)1560 SOUTH PARK(SOUTH)
Pursuant to Chapter 194 of the City of Buffalo Ordinances,please be advised that I have examined the attached application for a Food Store
License located 1560 SOUTH PARK(AHMED QURAISH/TECH-VAPORZ INC.)and find that as to form is correct. I will cause an investigation
into the premises for which said application for a food store license is being sought and no License will be issued until all required approvals are
obtained from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office and I find it complies with all
regulations and other applicable laws.This request is submitted for your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGRSLATION
NO.590
FOOD STORE(NEW)1064 SYCAMORE(FILLMORE)
Pursuant to Chapter 194 of the City of Buffalo Ordinances,please be advised that I have examined the attached application for a Food Store
License located 1064 SYCAMORE(JUNAHID AHMED/SYCAMORE HALAL MEAT&FISH MARKET INC.)and find that as to form is correct. I
will cause an investigation into the premises for which said application for a food store license is being sought and no License will be issued until all
required approvals are obtained from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office and I find
it complies with all regulations and other applicable laws.This request is submitted for your approval or whatever action you deem appropriate.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Permits and Inspection Services,dated
February 26,2016 be received and filed;and
That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store
License to Junahid Ahmed d/b/a Sycamore Halal Meat&Fish Market Inc.located at 1064 Sycamore,upon the following conditions:
1. Hours of operations shall be 8:00 am to 11 pm Sunday—Thursday and 8:30 am to Midnight Friday&Saturday
2.Must have working security cameras inside&outside of store and must make tapes available upon request
3."No Loitering"signs to be posted and enforced by store employees
4. No spray painted,hand painted o air-brushed signage or graphics on building
5.Must have trash receptacles outside store and be maintained
6. No outside signage advertising tobacco,gambling(lottery),or alcohol
7. No selling of loose items-cigarettes,diapers,etc.
8. No payphones outside of store
9. No blocking of windows
10.All mechanical Equipment must be in working order
11.Any broken window must be repaired within 72 hours
12. No smoking in building
13.Any graffiti must be removed within 72 hours
14. No vehicles to be parked on sidewalks
PASSED
AYES 9, NOES 0
NO.591
PROPERTY MANAGEMENT LICENSE LAURIE KOZAKOWSKI
Pursuant to Chapter 265 of the City of Buffalo Ordinances,please be advised that I have examined the attached application for a Property
Management License for LAURIE KOZAKWOSKI and find that as to form is correct. I will cause an investigation into the applicant for which said
application for a Property Management License is being sought and no License will be issued until all required approvals from the Police Department
and Law Department are obtained and I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police
Department into the moral character of LAURIE KOZAKWOSKI,the attached thereto for.This request is submitted for your approval or whatever
action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO.592
PROPERTY MANAGEMENT LICENSE MOLIO LLC
Pursuant to Chapter 265 of the City of Buffalo Ordinances,please be advised that I have examined the attached application for a Property
Management License for SERGI PUJOL/MOLIO LLC and find that as to form is correct. I will cause an investigation into the applicant for which
said application for a Property Management License is being sought and no License will be issued until all required approvals from the Police
Department and Law Department are obtained and I find it complies with all regulations and other applicable laws. I have caused an investigation by
the Police Department into the moral character of SERGI PUJOL/MOLIO LLC,the attached thereto for.This request is submitted for your approval
or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO.593
RESTAURANT DANCE LICENSE(NEW)12 MILITARY RD(NORTH)
Pursuant to Chapter 150 of the City of Buffalo Ordinances,please be advised that I have caused an investigation into the premises located 12
Military Rd for which said renewal application for a Restaurant Dance Class III license is being sought by Valerie Meil @ Hot Mama's Canteen and
according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and
other applicable laws.This request is submitted for your approval or whatever action you deem appropriate.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Permits and Inspection Services,dated March
9,2016,with a recommendation for approval;
That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 150 of the City Code to issue a Restaurant
Dance Class III License to Valerie Meil d/b/a Hot Mama's Canteen located at 12 Military Road.
PASSED
AYES 9, NOES 0
NO.594
USED CAR DEALER 2377 BAILEY(LOVE JOY)
Pursuant to Chapter 254 of the City of Buffalo Ordinances,please be advised that I have examined the attached application for a Used Car Dealer
License located 2377 BAILEY and find that as to form is correct. I have caused an investigation into the premises for which said application for a
used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I
find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of
AISHA DANIELS.The attached thereto for AISHA DANIELS/dba/A JR AUTOMOTIVE WHOLESALE.This request is submitted for your approval
or whatever action you deem appropriate.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Permits and Inspection Services, February 26,
2016,be received and filed;
That the Commissioner of the Department of Economic Development, Permits and Inspections Services is hereby authorized pursuant to Chapter
254 of the City Code to issue a Used Car Dealer License to Aisha Daniels d/b/a AJR Automotive Wholesale located at 2377 Bailey.
PASSED
AYES 9, NOES 0
NO.595
USED CAR DEALER 1526 WILLIAM(LOVE JOY)
Pursuant to Chapter 254 of the City of Buffalo Ordinances,please be advised that I have examined the attached application for a Used Car Dealer
License located 1526 WILLIAM and find that as to form is correct. I have caused an investigation into the premises for which said application for a
used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I
find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of
STEVEN BUTLER.The attached thereto for STEVEN BUTLER/dba/BUTLER MANAGEMENT SOLUTIONS LLC/dba BUTLER AUTOMOTIVE.
This request is submitted for your approval or whatever action you deem appropriate.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Permits and Inspection Services,March 8,
2016,be received and filed;
That the Commissioner of the Department of Economic Development, Permits and Inspection Services is hereby authorized pursuant to Chapter
254 of the City Code to issue a Used Car Dealer License to Steven Butler d/b/a Butler Management Solutions LLC d/b/a Butler Automotive located
at 1526 William.
PASSED
AYES 9, NOES 0
NO.596
APPOINT CLERK(PERM)(2ND STEP)(SPENCER)
Certificate of Appointment
Appointment effective March 7,2016 in the Department of Permit&Inspection Services Division of Inspections to the Position of Clerk Permanent
Appointment Second Step starting salary of$34,572
Joelle Spencer,599 E.Amherst St, Buffalo 14215
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF ADMINISTRATION,
FINANCE,POLICY&URBAN AFFAIRS
NO.597
ASSIGNMENT OF CONTRACTS-UNITED UNIFORM DISTRIBUTION,LLC
The Division of Purchase is requesting from your Honorable Body permission to assign all purchase contracts currently under contract with United
Uniform Co to United Uniform Distribution, LLC.
United Uniform Distribution, LLC has purchased all assets of United Uniform Co and transferred employees of United Uniforms. United Uniforms is
under several annual Purchase Contracts with the City of Buffalo for various police uniforms.
There is no change in contract pricing as a result of the assignment.
Assignment of Contracts-United Uniform Distribution, LLC(Admin&Fin)
Mr. Rivera moved:
That the above item be,and above communication from the Department of Administration and Finance, Division of Purchase,dated March 9,2016,
be received and filed;
That the Common Council hereby grants permission to the Director of the Division of Purchase to assign all purchase contracts currently under
contract with United Uniform Co.to United Uniform Distribution, LLC. United Uniform Distribution, LLC has purchased all assets of United Uniform
Co.and transferred employee of United Uniform. United Uniform is under several annual Purchase Contracts with the City of Buffalo for various
police uniforms.There is no change in contract pricing as a result of the assignment.
PASSED
AYES-9 NOES-0
FROM THE COMMISSIONER OF PARKING
NO.598
PARKING STUDY IN THE EIMWOOD VILLAGE
Permission is requested from Your Honorable Body to enter into a contract with Nelson/Nygaard Consulting Associates, Inc.to conduct a parking
study in the Elmwood Village. Nelson/Nygaard is an internationally recognized firm with excellent credentials and experience.
Nelson/Nygaard(one of two respondents to the RFP)was chosen by a committee consisting of Council Member Rivera,Council Member Feroleto,
Commissioner Estrich of Administration and Finance,Carly Battin, Elmwood Village, Eric Schmarder,of Public Works,and myself.
The contract is for$36,610 and funds are available in the Parking Enterprise Fund(other services)account 5100 0796 456000.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks and Streets,dated March
15,2016,be received and filed;and
That the Common Council hereby authorizes the Commissioner of Parking to enter into an agreement with Nelson/Nygaard Consulting Associates,
Inc.to conduct a parking study in the Elmwood Village.The consultant was chosen through a Request for Proposals(RFP)process. Funds are
available in the Parking Enterprise Fund(other services)Account#5100 0796 456000.
Copy available for review in the City Clerk's Office
PASSED
AYES 9, NOES 0
NO.599
PURCHASE OF 125 PAY AND DISPLAY METERS
Permission is requested from Your Honorable Body to enter into a contract with Ber-National Automation, Inc.for the purchase of 125 Pay and
Display meters.
Ber-National was chosen after an extensive committee review of the three companies that responded to the RFP.The Committee consisted of
Donna Estrich,Commissioner of Administration and Finance,William Witnauer, Buffalo Civic Auto Ramps,and myself.Cale and IPS Corporation
also responded to the RFP and were very competitive.The determining factor that resulted in our committee choosing Bet-National was their
inclusion of an EMV certified credit card reader that enables the machine to read the new credit cards with chips.This resulted in a savings of up to
$700/'machine.
The total cost of the contract is$243,750. Funds are available from an Efficiency Grant,#24490767.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of Parking,dated March 14,2016,be received and filed;
That the Common Council hereby authorizes the Commissioner of Parking to enter into contract with Ber-National Automation, Inc.for the purchase
of 125 Pay and Display meters.The contractor was chosen through a Request for Proposals(RFP)process. Funds are available from an Efficiency
Grant#24490767.
Copy available for review in the City Clerk's Office
PASSED
AYES 9, NOES 0
NO.600
APPOINT ASSOCIATE ACCOUNT CLERK(PERM)(INTER)(BARNES)
Certificate of Appointment
Appointment effective 3/14/16 in the Department of Parking Division of Parking Violations Bureau to the Position of Associate Account Clerk
Permanent Promotional Intermediate starting salary of$41,025
Lynda A. Barnes, 17 Standish Rd, Buffalo 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE CITY CLERK
NO.601
LEGISLATIVE MANAGEMENT SOFTWARE PROFESSIONAL SERVICES CONTRACT
Attached herewith is the contract for Professional Service and licensing of Software as a service(Saas)for the Common Council Legislative
Management System.
Pursuant to Chapter 96-7(A), I am recommending that Your Honorable Body waive the requirement for a performance bond and respectfully request
approval of this agreement subject to Approval as to form by the Corporation Counsel.
Mr. Rivera moved:
That the above item be,and the above communication from the City Clerk,dated March 15,2016,be received and filed;and
That the Common Council hereby authorizes the City Clerk to enter into an agreement with Accela, Inc.for the Legislative Management Software
Professional Services Contract which would streamline the process of the various divisions of the Common Council while promoting efficiency and
increased government transparency according to the directives of the Council President,subject to modifications and approval as to form by the
Corporation Counsel.
PASSED
AYES-9 NOES-0
NO.602
LIQUOR LICENSE APPLICATIONS
Attached hereto are communications from persons applying for liquor licenses from the New York State Division of Alcohol Beverage Control Board.
Address Business Name Owner's Name
451 Elmwood Midtown Kitchen 1980 Group Inc.
727 Elmwood Pending 727 Elmwood Ave LLC
1707 Hertel Deep South Taco Taco Cocina Hertel LLC
RECEIVED AND FILED
NO.603
LEAVES OF ABSENCE WITHOUT PAY
I transmit herewith notifications received by me,reporting the granting of the leaves of absence without pay,in the various departments as listed:
x Police-Darlene Muharffnad Sharissa Terrell Sonya Bel!
Lynn Milks Evelyn Gray Ray Kwiatkowski Kate McKeating Mary Ellen Keohane-Glynn
RECEIVED AND FILED.
NO.604
REPORTS OF ATTENDANCE
I transmit herewith communications received by me,from the various boards,commissions,agencies and authorities reporting the membership attendance
at their respective meetings:
x Buffalo Sewer Authority
RECEIVED AND FILED
NO.605
APPOINT LEGISLATIVE ASSISTANT-COMMON COUNCIL STAFF(REID)
Appointment effective March 21,2016 In the Department of Common Council, Division of Council Staff to the Position of:Legislative Assistant, Exempt at
the flat salary of$45,893.00
Rachel Reid, 116 Melrose PI, Buffalo, NY 14220
ADOPT
NO.606
NOTICES OF APPOINTMENTS-SEASONAL/FLAT
I transmit herewith certificates received by me,reporting seasonal and flat salary appointments made in various departments.
RECEIVED AND FILED.
CERTIFICATE OF APPOINTMENT
Appointment effective 02/29/2016 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Laborer II Seasonal at the
Salary of$13.06/hr
Stephen Harrison,547 Sycamore St, Buffalo, NY 14212
CERTIFICATE OF APPOINTMENT
Appointment effective 03/02/2016 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Laborer II Seasonal at the
Salary of$13.06/hr
Darryl Myles, 165 Oxford Ave, Buffalo, NY 14209
NO.607
APPOINTMENTS-TEMPORARY,PROVISIONAL OR PERMANENT
I transmit herewith Appointments in the various departments made at the Minimum(Temporary, Provisional or Permanent)
(as per contract requirements).
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
CERTIFICATE OF APPOINTMENT
Appointment effective 03/07/2016 in the Department of Fire, Division of Fire to the Position of Account Clerk Typist, Permanent at the minimum salary of
$35,403.00
Dina Marie Rivera, 17 10`h Street, Buffalo, NY 14201
Boualivone Serlxay, 115 Ontario St, Buffalo, NY 14207
CERTIFICATE OF APPOINTMENT
Appointment effective 03/07/2016 in the Department of Public Works, Parks and Streets, Division of Buildings to the Position of Sr. 1st Class Stationary
Engineer, Permanent at the Minimum Salary of$37,285
Michael Ferguson,90 Harriet Ave, Buffalo, NY 14215
CERTIFICATE OF APPOINTMENT
Appointment effective 03/07/2016 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Street Worker,Temporary at
the Minimum Salary of$24,377
Brandon Singleteary,350 Minnesota Ave, Buffalo, NY 14215
CERTIFICATE OF APPOINTMENT
Appointment effective 02/29/2016 in the Department of Executive Department, Division of Traffic Violations Agency to the Position of Administrator TVA,
Provisional at the Minimum Salary of$53,470
Roxanne Roland,48 Rose St, Buffalo, NY 14204
CERTIFICATE OF APPOINTMENT
Appointment effective 03/09//2016 in the Department of Strategic Planning, Division of Real Estate to the Position of Laborer I, Permanent at the Minimum
Salary of$28,047
Benjamin Staples,407 Spring St, Buffalo, NY 14204
NON-OFFICIAL COMMUNICATIONS,PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
NO.608
F.BRACE&OTHERS-CONCERNS GREEN CODE
Good morning,
As a University Park (University Heights) resident for over 30 years I am very concerned about some of the changes that the code would make to my
neighborhood. However my largest and most glaring concern is in regards to enforcement. It is my understanding,which has been verified several times by
the Green Code Team,that enforcement of the new"rules"would be by the Permits and Inspections(P&I)Department.
To be rather blunt....is someone out of their mind....????P&I has been a decimated department in both manpower and support staff every since it was
gutted during the Masiello Administration,and now is going to be further diminished by at least eight(8)retirements this year. P&I has barely enough
capacity to do a mediocre job of enforcing NYS Building and Safety Code...which they are sworn to uphold. Inspectors lack the training to effectively use
the proprietary Hansen reporting system so many of their property reports are done on paper in what is quickly becoming a paperless society.
I could go on but suffice it to say,under the current enforcement plan,the code will be nothing short of a worthless(and very expensive)piece of papers.
Fred Brace
RECEIVED AND FILED
NO.609
B.LEHOMAN-SUPPORT SAVING THE FORMER NORTH PARK LIBRARY
Item available for review in the City Clerk's Office
REFERRED TO THE COMMITTEE ON LEGISLATION
NO.610
B.MAYO-LEGAL NOTICE PUBLIC HEARING 945 KENMORE AVE TOWN TONWANDA
Dear Town of Tonawanda Property Owner:
Below is a copy of"LEGAL NOTICE OF HEARINGS"before the Town of Tonawanda Zoning Board of Appeals. Notices are sent as a courtesy to you and
all property owners within 150 feet of the applicant's property.
All interested persons may respond either for or against the appeal either in writing before the date of the hearing,or in person at said hearing.
For further information,you may call the Building Department at 877-8801.
KEN-TON BEE
LEGAL NOTICE
NOTICE OF HEARINGS
The Zoning Board of Appeals of the Town of Tonawanda, New York will hold a hearing at 6:30 P.M., local time, on Wednesday, March 16, 2016 in the
Council Room,Second Floor of the Municipal Building,in the Village of Kenmore, New York for the following appeals:
1. RB-3 Associates,Applicant&Owner
3618 Delaware Ave.
Town of Tonawanda, New York
Variance for proposed commercial building and parking would encroach approx.(6.9)ft into the setback to residential property;required(10)ft landscaped
area between parking and property lines on both streets will not be achieved; parking aisle width would be approx. (5) ft less than requirement for 90
degree parking spaces.
Kumar Neppalli,Applicant
Helen Lojek,Owner
1615 Sheridan Drive
Town of Tonawanda, New York
Variance for proposed conversion to dental office would require(2)more parking spaces than provided;aisle width of the front parking area would be
approx.(13)feet less than required.
Zaxis Architectural,Applicant 945 Kenmore Group LLC,Owner
945 Kenmore Ave.
Town of Tonawanda, New York
Variance for proposed development would not provide the required(17)foot landscape area between rear parking area and adjacent residential;Green
space would be approx.(2%)less than required;area along Kenmore Ave.would not meet the landscape requirements of this section; Proposed parking
would provide(8)total spaces less than required;portion of the proposed spaces are not located on the same parcel.
BRIAN MAYO, DEPUTY TOWN CLERK TOWN OF TONAWANDA, NEW YORK
RECEIVED AND FILED
NO.611
NYSDOT-DESIGNATION OF RESTRICTED HIGHWAY
NEW YORK STATE DEPARTMENT OF TRANSPORTATION
DESIGNATION OF RESTRICTED HIGHWAY
Pursuant to Section 104a of the Highway Law the following described highway:
1-190 NB and SB from Exit 6(Elm Street)to Exit 11 (Rte 198),including all ramps.
Porter Ave from Niagara Street to LaSalle Park.
Busti Ave from Massachusetts Ave to Porter Ave.
Sheridan Terrace from Busti Ave to 1-190.
Baird Drive from Porter Ave to its terminus at the Peace Bridge Plaza.
Niagara Street from Hampshire Street to Virginia Street.
All in the City of Buffalo, Erie County
Which is being reconstructed under Contract No. D262652 is hereby designated as a Restricted Highway. Designation of Restricted Highway shall expire
on 6/30/2017
Pursuant to Section 1625 of the Vehicle and Traffic Law all movement of vehicles, persons or animals on such highway is hereby restricted and regulated
in accordance with the determination of the Commissioner of Transportation as evidenced by posted signs,signals or barriers placed along said highway
and/or by direction by an authorized representative of the Commissioner of Transportation.
Any action taken by the Commissioner of Transportation pursuant to Section 1625 of the Vehicle and Traffic Law shall supersede any other
provisions of the Vehicle and Traffic Law where inconsistent or in conflict with respect to the following enumerated subjects:
I. Establishment of maximum and minimum speed limits at which vehicles may proceed along any such restricted
highway.
2. Weights and dimensions of vehicles.
3. Use of such restricted highway by pedestrians,equestrians,and animals.
4. Parking,standing,stopping and backing of vehicles.
5. Control of persons and equipment engaged in work on such highway.
The provisions of the Vehicle and Traffic Law with respect to registration shall not apply to vehicles and equipment engaged in work on such
restricted highways.
When used on such restricted highways,all traffic control devices shall be considered as official traffic control devices and shall Conform to the
manual and specifications for a uniform system of traffic control devices adopted by the Department of Transportation.
RECEIVED AND FILED
NO.612
NYSDEC-BROWNFIELD CLEANUP PROGRAM-1176 SOUTH PARK(LOV)
1176 South Park Avenue Site 3(Buffalo)-Public Comment Invited on Brownfield Size Application
Share or view as a web page 11 Update preferences or unsubscribe
1176 South Park Avenue Site 3, Buffalo-Public Comment
Invited on Brownfield Site Application
The New York State Department of Environmental Conservation CDEC)has received a
Brownfield Cleanup Program(BCP)application and Draft Remedial Investigation Work
Plan from John W. Danforth Construction LLC for a site known as the 1t76 South Park
Avenue Site 3,site ID#C9t530t.This site is located in the City of Buffalo.within the
County of Erie,and is located at 1176, 1316 and 1328 South Park Avenue,and 11 Bertha
Street.
Comments regarding this application must be submitted no later than April 8,20t6.A copy of the application. Draft Remedial Investigation Work Plan and
other relevant documents are available at the document repository located at the Buffalo&Erie County Public Library-Dudley Branch.2010 South Park
Avenue, Buffalo.
Information regarding the site and how to submit comments can be found at http:l/www.dec.ny.,gov/chemica1160058.html or send comments to Maurice
Moore, Project Manager. NYSDEC-DER,270 Michigan Avenue, Buffalo, NY 14203;maurice.moore@dec.ny.gov;or call 716-851-7220.
NOTE:General information about New York's Brownfield Cleanup Program can be found
at http:llwww.dec.ny.govichemical/8450.html
Please do not respond to this email. Replies go to an untended mailbox. If you have questions about the site identified above,please use the contact
information provided above.
RECEIVED AND FILED
NO.613
S.SANYU-RESPONSE WRITTEN LANGUAGE ACCESSPLAN FOR COB PD
We are writing to you regarding the new language access plan adopted by the Buffalo City Police Department Yesterday, we were honored to appear
alongside Mayor Brown as he announced the implementation of a language access plan based on the one submitted by us in October,20!5. Please accept
our thanks for taking this issue seriously and committing to serve the gr0—g community of English language learners in our City. Several other community
leaders signed on in support of the plan we submitted, and we have reviewed the final version which will be used by Buffalo police and fully implemented
as of March 15,2016,We have attached some initial questions regarding how the new plan will provide ree0rding and tracking language access efforts for
public accountability. Enclosed please find Some specific provisions addressed,
Last year,we were privileged to speak to the Police Oversight Committee,and are grateful for the progress resulting from working together with you,Much
work still needs to be done, and we will support you as officers are trained on the use of the language plan. We will share the final version with our
communities.
Burglaries remain a heightened concern and are still continuing On a large scale, particularly at the present time in Bhutanese,Nepali households. We
have educated many of our people, and now have—initial group of Victims ready to speak with the police, review photo line-ups,and provide eye-witness
descriptions of the perpetrators. Unfortunately, at the same time, the number of families leaving Buffalo is increasing due to fear.Although some officers
have worked closely with us and are aware of the language barriers, many officers have yet to be trained about how to utilize language services. It is with
heightened urgency that we look forward to implementing the plan in a manner which will account for the use of language access.
We are happy to link you with leaders in other communities as well with whom we work closely, as many of us face the same challenges.Again, many
thanks for taking this important step. Broad use of the written language access plan will touch thousands of residents in Buffalo.
REFERRED TO THE COMMITTEE ON POLICE OVERSIGHT
NO.614
B.WEISS-HABITAT FOR HUMANITY-CONCERS WITH TIMELINE REVAMPING OF HOMESTEAD PROGRAM
Habitat for Humanity Buffalo is a non-profit organization which works with members of the community to construct houses to be sold at 0% interest to
families in need in Buffalo. In 31 years we have built or rehabilitated nearly 300 houses. 85 of these were new construction, many of which were built on
lots purchased through the Urban Homestead Program.
Habitat Buffalo is grateful for the opportunity to purchase land for$1.00. We are also grateful for the opportunity and impact we have had to decrease
blight in our city by building in areas for years where other developers historically would not.
With the revamping and revising of this Homestead program,we are concerned with the timeline for completion of these projects.According to the October
draft of the Homestead Plan,the project must be completed within 18 months of closing on the property.
HFH Buffalo is strongly requesting that this be revised so that construction BEGINS no later than 18 months after closing on said properties.We build 4-5
houses at a time,our build season is short,and 95%of our labor is performed by volunteers who have limited experience and diverse schedules.To
guarantee completion within 18 months of closing is a near-impossibility for us. However,we can commit to breaking ground within 18 months of closing.
We are hopeful that our 30+year partnership with the city and our proven dedication to building homes and neighborhoods in Buffalo will support and
strengthen our request for this revision to the Homestead Program.
Thank you for your consideration. Please feel free to call me to discuss any of our concerns.
RECEIVED AND FILED
NO.615
U.WINGO,SR-K.CASH-RESPONSE REGARDING BUS AIDES
Response Letter from Dr. Kriner Cash regarding Bus Aides
I would like to file the attached information for the next Common Council meeting to be held on March 15,2016
Masten District Council Member
Honorable Members of the Common Council:
I thank and commend the Common Council for its responsiveness to concerns about student safety on school busses. I consider your advocacy on behalf
of students an asset among the many in our community and deeply appreciate it.
School Bus Aides were reduced in the District budget in May 2013.Some Board of Education Members and cabinet members raised concerns at the time.
The cuts nevertheless prevailed and continued in two 12)subsequent budgets.
Since my arrival in Buffalo, Board of Education Members have been vigilant in their expressed concerns over these and other previous cuts in student
services. I commend Board Members who have been out in front of this issue and had requested a review of staffing levels before any allegations of
student misconduct appeared in the media last semester.That review has been ongoing.
Actual costs for bus aides are currently$5.8 million for approximately 400 bus aides.312 additional bus aides are required to reverse the 2013 decision at
an approximate cost of$4 million including salary and benefits.As already requested by Board of Education Members, I will include this specific
information in the Board's upcoming budget development process for their review.
It is very important to remember that student misconduct often requires professional intervention that goes beyond the monitoring and reporting duties of
bus aides.We need to address this challenge comprehensively by both increasing the monitoring role of bus aides and expanding the student support
services delivered by certified staff inside schools.We also need to consider alternatives to traditional bus aide staffing arrangements. I will need the
Council's help to advance all of this.
Specifically.to restore and sustain the number of bus aides to pre-2013 levels and schedule an aide on every bus run,the following plan is required:
1)The hiring of 312 new bus aides to fully schedule all bus runs with aides at a cost of approximately$4 million.
2.)Per the recommendation of Council Member Fontana, I have asked staff to begin discussions with the Civil Service Commission to explore waivers of
the residency requirement when staff shortages exist and to initiate discussion with required parties to address single-shift opportunities for potential
employees who may choose this option.
3)District staff is working to find alternatives that address bus aide shortages.These alternatives include working with bargaining units and external
partners that may be interested in helping us close the gap in staffing levels when shortages exist.
Honorable Members of the Common Council
February 29,2016
Page 2
Of the Common Council, I respectfully ask the following:
1.) Join us in advocating for the funding increases I am seeking at the state level,This amount will be needed for the restoration of bus aides and other
critical student services in our budget.
2)Please prepare for the possibility that the state and federal funding shares in our budget may be insufficient to meet our needs,including the addition of
more bus aides,and consider increased City-based funding--whatever amount possible to help us.
Thank you again for your contribution to this important discussion. I look forward to presenting our budget proposal to the full Council in April to receive
your feedback and suggestions.
RECEIVED AND FILED
PETITIONS
NO.616
M.SCIORTINO,OWNER,USE 1518 HERTEL-RESTAURANT WITH NEW TENANT W/OUTDOOR CAFE IN THE HERTEL AVENUE SPECIAL
DISTRICT(DEL)(HRG 3/22)
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
NO.617
J.PREVITY,OWNER,USE 49 HOPKINS TO REESTABLISH A JUNKYARD AND ERECT 2 STEEL BUILDINGS FOR PROCESSING SCRAP
METAL(SOUTH)(HRG 3/22)
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
NO.618
A.JACOBI,OWNER,USE 141 ABBOTT TO RE-ESTABLISH RESTAURANT IN THE ABBOTT/MCKINLEY SPECIAL ZONING DISTRICT
(SOUTH)(HRG 3/22)
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
NO.619
J.REINHART,AGENT,USE 369 FRANKLIN FOR A HIGH GROUND SIGN IN THE SIGN OVERLAY DISTRICT
(FILL)(HRG 3/22)
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
NO.620
T.FERRO,AGENT,USE 1669 HERTEL AKA 1673 HEGEL TO CONVERT A PORTION OF AN EXISTING RESTAURANT TO A LIQUOR
STORE IN THE HERTEL AVENUE SPECIAL ZONING DISTRICT(DEL)(HRG 3/22)
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
NO.621
D.SCOURAS,OWNER,USE 186 ALLEN TO PLACE AN OUTDOOR CAFD IN THE ALLEN ST.SPECIAL ZONING
DISTRICT
(HRG 3/22)(FIL)
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
NO.622
J.POPIELA,AGENT,USE 2 NOTTINGHAM TO PLACE AN LED GROUND SIGN
(NO HRG)(DEL)
REFERRED TO THE COMMITTEE ON LEGISLATION,THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS
REGULAR COMMITTEES
CIVIL SERVICE
(RASHEED N.C.WYATT,CHAIRPERSON)
NO.623
APPOINT CHIEF PUMPING PLANT ENGINEER(PERM)(INTER)(KUMRO)(PW)
(CCP#16-448,03/01)
Mr.Wyatt moved:
1)/67
That Communication 448 of March 1,2016,be received and filed and that the Permanent appointment of Kathleen Kumro, 14 Sibley St, Buffalo,
NY 14220 to the Position of Chief Pumping Plant Engineer at the 5th Step of$50,755.00 is hereby approved.
PASSED
AYES-9 NOES-0
NO.624
APPOINT SR.FIRST CLASS STATIONARY ENGINEER(PERM)(INTER)(ANGEL)(PW)
(CCP#16-449,03/01)
Mr.Wyatt moved:
That Communication 441 of March 1,2016,be received and filed and that the Permanent appointment of Lonnie Angel,314 Bissell Ave, Buffalo,
NY 14211 to the Position of 1St Class Stationary Engineer at the Intermediate Salary of$43,250.00 is hereby approved.
PASSED
AYES-9 NOES-0
NO.625
APPOINT SUPERINTENDENT OF STREET SANITATION(PERM)(INTER)(KRUPP)(PW)
(CCP#16-450,03/01)
Mr.Wyatt moved:
That Communication 450 of March 1,2016,be received and filed and that the Permanent appointment of Michael Krupp,253 Boll St, Buffalo, NY
14212 to the Position of Superintendent of Street Sanitation at the 4th Step of$46,984.00 is hereby approved.
PASSED
AYES-9 NOES-0
NO.626
APPOINT SUPERVISOR OF STREET SANITATION I(PERM)(INTER)(DRISCOLL,FIORELLA)(PW)
(CCP#16-451,03/01)
Mr.Wyatt moved:
That Communication 451 of March 1,2016,be received and filed and that the Permanent appointment of Timothy Driscoll,203 Eden St, Buffalo,
NY 14220 and Joseph Fiorella,393 Porter Ave., Buffalo, NY 14201 to the Position of Supervisor of Street Sanitation I at the Intermediate Salary
of$37,828.00 is hereby approved.
PASSED
AYES-9 NOES-0
NO.627
APPOINT SUPERVISOR OF STREET SANITATION(PERM)(INTER)(HAYDEN)(PW)
(CCP#16-452,03/01)
Mr.Wyatt moved:
That Communication 452 of March 1,2016,be received and filed and that the Permanent appointment of Ronald Hayden, 131 Como Ave,
Buffalo, NY 14220 to the Position of Supervisor of Street Sanitation at the Intermediate Salary of$40,184.00 is hereby approved.
PASSED
AYES-9 NOES-0
NO.628
APPOINT SUPERVISOR OF WATERWAY&BRIDGE MAIM(PERM)(MAX)(MALONEY)(PW)
(CCP#16-453,03/01)
Mr.Wyatt moved:
That Communication 453 of March 1,2016,be received and filed and that the Permanent appointment of Daniel Maloney,368 Whitfield,
Buffalo, NY 14220 to the Position of Supervisor of Waterway&Bridge Maint at the Maximum Salary of$47,606.00 is hereby approved.
PASSED
AYES-9 NOES-0
NO.629
NOTICES OF APPOINTMENTS-TEMP/PROV/PERM
(CCP#16-472,03/01)
Mr.Wyatt moved:
That the above item be the same and hereby is Received and Filed
ADOPTED
FINANCE
(RICHARD A.FONTANA CHAIRMAN)
NO.630
EXTEND DOWNTOWN STADIUM LEASING ARRANGEMENTS WITH THE BUFFALO BISONS(MAYOR)
(ITEM NO.420,C.C.P.,MAR.1,2016)
Mr. Fontana moved:
That the above item be,and the same hereby is,returned to the Common Council with a recommendation for approval;
That the Common Council hereby approves a twelve(12)month extension of the City of Buffalo's leasing arrangements with the Buffalo
Bisons under essentially the same terms and provisions as the one year extensions which have been put in place yearly since 2008.The
lease will be extended through September 30,2016;and that the Common Council further approves the expenditure of up to$40,000.00
for the associated stadium property damage insurance policy required by the lease and also approves the continued provision by the City
of refuse collection and water for the stadium operations. Neither the City nor the Bisons are committing any obligation for"City Capital
Repairs"during the one-year extended term.
PASSED
AYES 9, NOES 0
NO.631
PERMISSION TO ENTER IN AGREEMENT WITH CIVICLIVE-WEBSITE REDESIGN AND CMS SERVICE(MIS)
(ITEM NO.426,C.C.P.,MAR.1,2016)
Mr. Fontana moved:
That the above item be,and the same hereby is,returned to the Common Council with a recommendation for approval;
That the Common Council hereby authorizes the Chief Information Officer of the Department of Management Information Systems to
enter into an agreement with CivicLive to provide a new public website and Content Management System(CMS),subject only to such
notes and clarifications as are recommended by the Corporation Counsel in finalizing the terms of the agreement.The contractor was
chosen through a Request for Proposals(RFP)process.The cost of this project and implementation is estimated not to exceed
$140,000.00. Funds are available in Account#10871006-432004.
PASSED
AYES 9, NOES 0
NO.632
REQUEST APPROVAL OF RENEWAL AGREEMENT BETWEEN THE CITY OF BUFFALO AND ENVIRONMENTAL
EDUCATION ASSOCIATES FOR ASBESTOS AIR SAMPLING PROJECT MONITORING(DPIS)
(ITEM NO.458,C.C.P.,MAR.1,2016)
NO.632
REQUEST APPROVAL OF RENEWAL AGREEMENT BETWEEN THE CITY OF BUFFALO AND ENVIRONMENTAL EDUCATION
ASSOCIATES FOR ASBESTOS AIR SAMPLING PROJECT MONITORING(EDPI)
Mr. Fontana moved
That the above item be the and the same hereby is returned to the Common Council for a recommendation for approval.
That the Common Council hereby authorizes the Commissioner of the Department of Permits and Inspection Services to renew that agreement
between the City of Buffalo and Environmental Education Associates(UNSE)for Asbestos Air Sampling and
project monitoring Services as per terms of the existing contract
PASSED
AYES-9 NOES-0
NO.633
BUFFALO MUNICIPAL HOUSING AUTHORITY GRANT IN AID AGREEMENT(ADMIN&FINANCE)
(ITEM NO.461,C.C.P.,MAR.1,2016)
Mr. Fontana moved:
That the above item be,and the same hereby is,returned to the Common Council with a recommendation for approval;
Mr. Fontana moved that the above item be recommitted to the Committee on Finance.
ADOPTED
Mr. Fontana moved:
That the above item be,and the same hereby is,returned to the Common Council with a recommendation for approval;
That the Common Council hereby authorizes the Mayor to execute an agreement with the Buffalo Municipal Housing Authority(BMHA)
for provision of$250,000.00 in grant funding from the City of Buffalo's Grant in Aid 2015-2016 Budget to be utilized to assist in the
funding of the operating deficit related to the Frederick Douglass Associate partnerships(Frederick Douglass Associates, LLC,
Frederick Douglass Associates II, LP,and Frederick Douglass Associates III, LP).The operating deficit will be calculated before any
interest of soft loans and depreciation. For the partnerships that have a mortgage on the property,the operating deficit will be calculated
after debt service of the mortgages.
PASSED
AYES 9, NOES 0
NO.634
LETTERS TO MANAGEMENT FROM INDEPENDENT AUDITORS(COMPT)
(CCP#16-308,02/16)
Mr. Fontana moved:
That the above item be the same and hereby is Received and Filed
ADOPTED
NO.635
FIRST QUARTER GAP SHEETS REPORT-2015-2016(COMPT)
(CCP#15-2335,11/24)
Mr. Fontana moved:
That the above item be the same and hereby is Received and Filed
ADOPTED
NO.636
FIRST QUARTER GAP SHEETS REPORT-2015-2016(A&F)
(CCP#15-2362,11/24)
Mr. Fontana moved:
That the above item be the same and hereby is Received and Filed
ADOPTED
COMMUNITY DEVELOPMENT
(JOSEPH GOLOMBEK,JR.,CHAIRMAN)
NO.637
D.AMBRUSKO-MAIDA-AMERICAN CANCER SOCIETY RELAY FOR LIFE UPDATE
(ITEM NO.474,C.C.P.,MAR.1,2016)
Mr.Golombek moved:
That the above item be,and the same hereby is,returned to the Common Council without recommendation;
That the Common Council now moves that the above item be Received and Filed
ADOPTED
NO.638
M.ROMANOWSKI-SEQR-854 ELLICOTT ST(ELL)
(C.C.P.#16-123,JAN 19)(#16-35,01/05)
Mr.Golombek Jr.now moves that the above item be Received and Filed.
ADOPTED
LEGISLATION
(CHRISTOPHER P.SCANLON,CHAIRMAN)
NO.639
PROPERTY MANAGEMENT LICENSE-DSBC LLC(DPIS)
(ITEM NO.456,C.C.P.,MAR.1,2016)
Mr.Scanlon moved:
That the above item be,and the same hereby is,returned to the Common Council without recommendation;
That pursuant to Chapter 265 of the City of Buffalo Ordinance,the Common Council hereby authorizes the Commissioner of the
Department of Permits and Inspection Services to issue a Property Management License to Rachel Saunders,d/b/a DSBC LLC.
PASSED
AYES 9, NOES 0
NO.640
PROPERTY MANAGEMENT LICENSE-TPM OF WNY(DPIS)
(ITEM NO.457,C.C.P.,MAR.1,2016)
Mr.Scanlon moved:
That the above item be,and the same hereby is,returned to the Common Council without recommendation;
Mr.Scanlon now moves that the above item be recommitted to the Committee on Legislation
ADOPTED
NO.641
SECOND HAND DEALER-1983 SOUTH PARK(SOUTH)(DPIS)
(ITEM NO.459,C.C.P.,MAR.1,2016)
Mr.Scanlon moved:
That the above item be,and the same hereby is returned to the Common Council with a recommendation for approval;
That the Common Council hereby approves the application of Laurie Magyar d/b/a Laurie's Gifts and Treasures,for a Second Hand
Dealer License located at 1983 South Park for a second-hand store.
PASSED
AYES 9, NOES 0
NO.642
SECOND HAND DEALER-1983 SOUTH PARK A/K/A 1985 SOUTH PARK(SOUTH)(DPIS)
(ITEM NO.460,C.C.P.,MAR.1,2016)
Mr.Scanlon moved:
That the above item be,and the same hereby is returned to the Common Council with a recommendation for approval;
That the Common Council hereby approves the application of Richard Magyar d/b/a Southend Furniture,for a Second Hand Dealer
License located at 1983 South Park a/k/a 1985 South Park.
PASSED
AYES 9, NOES 0
NO.643
J.GUGINO,AGENT,TO USE 204 ALLEN TO CONTINUE A RESTAURANT UNDER NEW OWNERSHIP
IN THE ALIEN STREET SPECIAL ZONING DISTRICT(FILL)(DPIS)
(ITEM NO.491,C.C.P.,MAR.1,2016)
Mr.Scanlon moved:
That the above item be,and the same hereby is,returned to the Common Council with a recommendation for approval;
That the Common Council hereby approves the application of J.Gugino,Agent,to continue a restaurant under new ownership located at
204 Allen in the Allen Street Special Zoning District,upon the following conditions:
Pursuant to Chapter 511 of the Buffalo City Charter,Article XVI SD Special Zoning Districts,Section 511-57,Allen Street District,under
Section B.,the following conditions will be implemented in regards to the new application for continued Restaurant Use at 204 Allen
Street:
--The business at 204 Allen must close at 4:00 a.m.7 days per week,subject to 1 year sunset review
--The rear patio must close completely at 11 p.m.Sunday through Thursday and Midnight Friday and Saturday.
--The rear patio must be closed completely at those hours.The restaurant must not allow patrons to go on to the patio to smoke or take
drinks out on to the patio that were purchased at the bar at 204 Allen Street.
--There will be no DJ license
--There will be no dance license
--There will be a 12-month renewable permit that renews automatically if the business does not change its approved operations and the
Police Chief of the B District certifies that the business is not the site of unreasonable police activity.
Respectfully submitted,
David A. Franczyk
Fillmore District Council Member
PASSED/COND
AYES 9, NOES 0
NO.644
M.ROLAND,AGENT,USE 337 ELLICOTT FOR EXPANSION OF AN EXISTING PATIO FOR A BREWERY(ELL)(DPIS)
(ITEM NO.492,C.C.P,MAR.1,2016)
Mr.Scanlon moved:
That the above item be,and the same hereby is,returned to the Common Council with a recommendation for approval;
That the Common Council hereby approves the application of M. Roland,Agent,to expand an existing sidewalk patio for a brewery
located at 337 Ellicott.
PASSED
AYES 9, NOES 0
NO.645
D.SMITH-RECOMMENDATIONS FOR ZONING CHANGES
(C.C.P.#16-504,MAR 1)(#12-106,5/1)(#11-61,4/5)(#15-2089,10/13)
Mr.Scanlon now moves that the above item be Received and Filed.
ADOPTED
NO.646
R.WYATT-M.BRADY-SUPPORT FOR DEEP SOUTH TACO ON HERTEL AVENUE
(C.C.P.#16-346,FEB 16)
Mr.Scanlon now moves that the above item be Received and Filed.
ADOPTED
NO.647
B.MELBER,AGENT,TO USE 1707 HERTEL TO CHANGE USE FROM A REPAIR GARAGE TO A
SIT-IN RESTAURANT INCLUDING RENOVATION,ADDITION,PATIO AND PARKING(DEL)(DPIS)
(ITEM NO.210,C.C.P.,FEB.2,2016)
Mr.Scanlon moved:
That the above item be,and the same hereby is,returned to the Common Council with a recommendation for approval;
That the Common Council hereby approves the application of B.Melber,Agent,to change a repair garage to a sit-in restaurant and bar,
including renovations,an addition,outdoor patio seating area and parking,located at 1707 Hegel in the Niagara River Coastal Review
District,upon the following conditions:
1.1 year approval for the Patio to address any issues or concerns
2. Hours of Operation:Close at 11 pm on weekdays and Midnight on Fridays and Saturdays
3.Tables must be serviced from inside the restaurant
4. Dumpsters serviced between 7am-7pm
5. No outside music
6. Hazards regarding the TV screen referred to DPW
7. Bathrooms were redesigned from 2 bathrooms 1 stall each to 2 bathrooms 2 stalls in each-these redesign plans must be sent to the
Planning Board Staff
8. Board requests the Planning Board staff to work with the DPW to finalize all issues for this project
PASSED/COND
AYES 9, NOES 0
NO.648
A.HOLYCROSS,AGENT,TO REZONE 1360 NIAGARA FROM A M1 TO CM FOR MIXED
USE RESIDENTIAL AND RETAIL SPACE(NIA)(DPIS)
(ITEM NO.213,C.C.P.,FEB.2,2016)
Mr.Scanlon moved:
That the above item be,and the same hereby is,returned to the Common Council without recommendation;
That the Common Council hereby approves the application of A. Holycross,Agent,to rezone 1360 Niagara from M1 to a M-1 to CM for
mixed use residential and retail space.
PASSED
AYES 9, NOES 0
NO.649
P.STRADA,AGENT,TO USE 426 ABBOTT FOR A POLE SIGN IN THE SOUTH
BUFFALO SPECIAL DISTRICT(SOUTH)(DPIS)
(ITEM NO.214,C.C.P.,FEB.2,2016)
Mr.Scanlon moved:
That the above item be,and the same hereby is,returned to the Common Council with a recommendation for approval;
That the Common Council hereby approves the application of P.Strada,Agent,to erect a pole sign located at 426 Abbott in the South
Buffalo Special District.
PASSED
AYES 9, NOES 0
NO.650
FOOD STORE LICENSE(NEW)-454 EAST UTICA(ELL)(DPIS)
(ITEM NO.17,C.C.P.,JAN.5,2016)
Mr.Scanlon moved:
That the above item be,and the same hereby is,returned to the Common Council with a recommendation for approval;
That the Commissioner of Permits and Inspections Services hereby approves the application of Saleh Saleh d/b/a Happy City Market to
operate a food store located at 454 East Utica upon the following conditions:
1.Cannot sell"loosies"-i.e.single cigarettes,single diapers,or items packaged for etc.
2.Cannot open packages that are intended to be sold as a bundle,such as crackers,and sell single unmarked items.[Many of these
items especially perishables have expiration dates for public safety,the opening and selling single items without dates,nutritional
information and other important information is a public safety concern.]
3.Must have a minimum of two(2)working surveillance cameras.One camera should be located above the entrance facing inwards and
the other should be on the outside of the entrance door outwards toward the street.All cameras should be able to record video and store
owners are asked to have the capability of saving video for at least thirty(30)days.
4.Store interior and exterior should be kept clean at all times.Store facade and landscape must be well maintained.
5.Must remove hand painted signage from front of store within 30 days of license issuance/reissuance
6.Garbage receptacle must be maintained on the outside of the store,and emptied frequently,never allowing garbage to overflow
7. No amateur hand painted advertising on or around building. No hand painted advertising of copyrighted items,such as malt liquor,
New York State Lottery and other items without written permission of the agency holding the copyright.
8. No excessive empty boxes,packaging refuse and the like outside of the store in public view except the time allowed by city ordinance.
PASSED/COND
AYES 9, NOES 0
NO.651
FOOD STORE LICENSE(NEW)-2082 SOUTH PARK(SOUTH)(DPIS)
(ITEM NO.19,C.C.P.,JAN.5,2016)
Mr.Scanlon moved:
That the above item be,and the same hereby is,returned to the Common Council with a recommendation for denial;
That the Common Council hereby denies the application of Ahmed Almontaser d/b/a Nadeem Mart Inc.for a new food store license
located at 2082 South Park.
DENIED
AYES 9, NOES 0
NO.652
A.ALMOUTASER,OWNER,TO USE 2082 SOUTH PARK TO RE-ESTABLISH USE OF AN EXISTING
TAKEOUT FOOD STORE IN THE SOUTH PARK SPECIAL DISTRICT(SOUTH)(DPIS)
(ITEM NO.55,C.C.P.,JAN.5,2016)
Mr.Scanlon moved:
That the above item be,and the same hereby is,returned to the Common Council with a recommendation for denial;
That the Common Council hereby denies the application of A.Almontaser,Owner,to reestablish an existing takeout food store located at
2082 South Park in the South Park Special District.
DENIED
AYES 9, NOES 0
NO.653
FOOD STORE LICENSE(NEW)529 DODGE(ELL)(EDPI)
(C.C.P.#15-903,SEPT 29)
Mr.Scanlon now moves that the above item be Denied
DENIED
AYES 9, NOES 0
NO.654
M.KEARNS-FORECLOSURE EPIDEMIC IN ERIE COUNTY
(C.C.P.#15-921,SEPT 29)
Mr.Scanlon now moves that the above item be Received and Filed.
ADOPTED
NO.655
ESTABLISHMENT OF BFLO YOUTH PROMISE ACT(WYATT)
(C.C.P.#14-868,APR 15)
Mr.Scanlon now moves that the above item be Received and Filed.
ADOPTED
NO.656
R.WYATT-S.POOLE-COMMENTS FROM NYS CHILD&FAMILY-SERVICES-BUFFALO YOUTH PROMISE ACT
(C.C.P.#14-695,APR 1)
Mr.Scanlon now moves that the above item be Received and Filed.
ADOPTED
NO.657
CREATION-SPECIAL ZONING DISTRICT-JEFFERSON BTWN CLINTON&GENESEE(PRIDGEN)
(C.C.P.#13-108,NOV 26)
Mr.Scanlon now moves that the above item be Received and Filed.
ADOPTED
SPECIAL COMMITTEES
EDUCATION
(ULYSEES O.WINGO,SR.CHAIRMAN)
NO.658
U WINGO,SR.-ARTICLE SCHOOL BUS SAFETY
(CCP#16-486,03/01)
Mr.Wingo,Sr.moved:
That the above item be the same and hereby is Received and Filed
ADOPTED
NO.659
U WINGO,SR.-CONCERNS REG THE RELOCATION OF TAPESTRY CHARTER SCHOOL
(CCP#16-487,03/01)
Mr.Wingo,Sr.moved:
That the above item be the same and hereby is Received and Filed
ADOPTED
NO.660
U WINGO,SR.-LETTER TO FIRST STUDENT REGIONAL VICE PRES FRANK LUCIANO
(CCP#16-489,03/01)
Mr.Wingo,Sr.moved:
That the above item be the same and hereby is Received and Filed
ADOPTED
RESOLUTIONS
NO.661
SPONSOR:JOEL P.FEROLETO
2016 GREATER BUFFALO ITALIAN HERITAGE AND FOOD FESTIVAL
Whereas,The North Buffalo Community Development Corporation, Hertel-North Buffalo Business Association,and the West Side Business and
Taxpayers Association, Inc.have requested permission to again,jointly conduct the Greater Buffalo Italian Heritage and Food Festival from July
14th through July 17th,2016 on Hertel Avenue;and
Whereas,These groups are also requesting that Hertel Avenue be closed to vehicular traffic between Delaware and Colvin Avenues during the
above dates,and that cross streets between Colvin and Delaware Avenues,and also Linden and Tacoma between Delaware and Colvin Avenues,
be designated festival areas;and
Whereas,This festival will be a major expression of Italian Heritage which includes culture,customs,and foods and will once again attract people
from hundreds of miles away;and
Whereas,The Italian Festival Committee will continue the drastic changes that were made in 2002 in an effort to focus more on Italian Heritage.
The changes are as follows:
1.The festival will run from Thursday,July 14th,2016,to Sunday,July 17th,2016(4 days).
2.The hours of operation will be from 11:00 AM to 10:00 PM daily.
3.The Festival Committee shall control the area bounded by Delaware Ave.from Linden to Tacoma Ave.,Tacoma Ave.from Delaware Ave.to
Colvin Ave. From Tacoma Ave.to Linden Ave., Linden Ave.from Colvin Ave.to Delaware Ave.
4.Within the above area,the festival will operate from just west of Delaware Ave.to just east of Crestwood Ave.
5.All large amusement rides and games of chance will be eliminated.
6.Where and when possible,all residents and businesses on Hertel Ave.between Delaware Avenue and Virgil Avenue will have access to their
property.The Festival Committee will maintain the increased level and presence of security throughout the area agreed to by the Festival Board.
7. Electrical power provided by private source will eliminate large and noisy diesel generators with whisper quiet electrical generators which
eliminate all hazardous wires crisscrossing the street.
8.The Festival Committee will be eliminating most non-food vendors thereby re-focusing their attention on ethnic and cultural areas. Non-food
vendors must complete an application and fulfill all the requirements of the application.The number of non-food vendors is limited and approval is
granted on a first-come,first-served basis.
Now,Therefore, Be it Resolved:
The North Buffalo Community Development Corp., Hertel-North Buffalo Business Association and the West Side Business and Taxpayers
Association Inc.are hereby granted Permission to jointly conduct the 2016 Greater Buffalo Italian Heritage and Food Festival subject to the
following conditions:
I.The Festival shall be conducted on Hertel Avenue from July 14th,through July 17th,2016,between the hours of 11:00 AM and 10:00 PM,with
Tuesday,July 12th,2016 after 6:00 PM and Wednesday,July 13th,2016 to be used only as set up days,and Monday,July 18th,2016,to be
used only as a breakdown day with traffic to recommence by 6:00 AM of that day;
2. Hertel Avenue,between Crestwood and Tennyson Avenues,shall be closed to vehicular and bicycle traffic,and dogs and other animals shall
be prohibited during the festival. In addition,cross streets bounded by Colvin, Linden, Delaware,and Tacoma Avenues,including those boundary
streets,shall be part of the festival area subject to its rules and regulations. Permitees with the cooperation of and at the direction of the Police
Department will furnish and locate barriers to be placed at the beginning time of the festival and to be removed at the end of the festival;
3.That the city-owned residential area parking lot,located behind 1180 Hertel shall be closed to general use and shall be reserved solely for those
residents of Hertel Avenue residing within the festival area,and this restriction shall be enforced strictly by the city and festival committee;
4. Permitees shall furnish to the City of Buffalo proper liability insurance as determined by Special Events Committee and Corporation Counsel;
5. Permitees shall assume complete responsibility for removing barriers,decorations,barricades,stands,equipment and any trash or debris in
the area arising out of the festival;
6. Permitees shall assume complete responsibility for conducting the festival in compliance with all laws and ordinances applicable,and with all
directives of the various city departments,including Police, Fire,Street and Sanitation,Transportation,and Public Works;
7.That the festival committee be,and hereby is,authorized to hang lights on Hertel Avenue specifically located on Hertel Avenue between Virgil
and Crestwood Avenues,where they will be hung in June prior to the Festival.The Department of Public Works designed general guidelines for
the placement of lights that include the necessary information to fully comply with the requirements established,and will meet the requirements of
all City Departments.
8. Permission is hereby granted for the above under such terms and conditions so as to protect the interest of the City of Buffalo,as set forth by
the Special Events Committee.
Be it Further Resolved:That
That the City of Buffalo Common Council hereby supports this event and agrees to waive the related permit and event fees associated with
holding the 2016 Greater Buffalo Italian Heritage and Food Festival.
Be it Further Resolved:
That a copy of this resolution be sent to the Department of Special Events, EDPI,and DPW
PASSED
AYES 9, NOES 0
NO.662
SPONSOR:JOEL FEROLETO
MARCH 7,2016
APPOINT MARRIAGE OFFICER
Pursuant to Chapter 49 of the laws of New York State(198g),which allow a governing body the right to appoint one or more Marriage officers,
who have the authority to solemnize marriages, I am requesting the appointment of the following person whose appointment as a Marriage Officer
shall commence April 1st,2016 and expire September 30TH 2016.
Abraham Munson-Ellis
ADOPTED
NO.663
SPONSOR:JOEL FEROLETO
MARCH 16,2016
TRAILBLAZING SIGN OF RING ROAD FOR"MAKSYM SUGOROVSKIY WAY"
WHEREAS,Maksym Sugorovskiy was a kind and generous child who touched the lives of many people during his tragically short life;
WHEREAS,Maksym was born and raised in Buffalo where he lived with his mother,Mary Sugorovskiy,father,Wally Sugorovskiy,and sister,
Stephanie Sugorovskiy;
WHEREAS,Maksym was a creative and bright young boy who was beginning his life as a member of the Buffalo Community;
WHEREAS,Maksym had a bright future ahead of him filled with promise;
WHEREAS,Maksym Sugorovskiy was tragically killed on May 30,2015 while walking on the pathway known as Ring Road with his mother and
sister;
WHEREAS,Maksym was born on August 23,20i I and was three years old at the time of his passing;and,
NOW,THERE FOREFORE, BE IT RESOLVED,that the Common Council of the City of Buffalo approves the installation of a trailblazing sign
proclaiming Ring Road as"Maksym Sugorovskiy Way"and requests the Department of Public Works install a trailblazing sign that reads
"Maksym Sugorovskiy Way"on Ring Road;and,
BE IT FINALLY RESOLVED,that this Council honors Maksym Sugorovskiy for with the creation and dedication of Maksym Sugorovskiy Way".
PASSED
AYES 9, NOES 0
NO.664
SPONSOR:JOEL P.FEROLETO
WAIVE PERMIT FEES FOR SUBARU BUFFALO 4 MILE CHASE IN THE ELMWOOD VILLAGE
Whereas,The 36th annual Subaru Buffalo 4 Mile Chase will take place Friday,July 15,2016 in the Elmwood Village area of the City of Buffalo;
and
Whereas,The Subaru Chase is not only a major summertime event in the City of Buffalo drawing thousands of local spectators and participants
to the Elmwood/Bidwell Community,but also is a widely recognized venue that attracts nationally and internationally renowned runners to Buffalo;
and
Whereas,The Subaru 4 Mile Chase contributes to tourism in Buffalo by promoting the City as a very attractive destination point,makes a
tremendously positive economic impact on area businesses,and provides an outstanding attraction for young and old alike;and
Whereas, It also serves the community by donating proceeds to benefit the Police Athletic League of Buffalo and area youth served by PAL,and
ECMC,our region's only Accredited Level 1 Trauma Center serving our City;and
Now,Therefore, Be it Resolved:
That the City of Buffalo Common Council hereby supports this events mission and agree to waive the related permit and event fees associated
with holding the Subaru Buffalo 4 Mile Chase on July 15,2016;and
Be it Further Resolved:
That a copy of this resolution be sent to the Department of Parks and Recreation and the Department of Special Events.
PASSED
AYES 9, NOES 0
NO.665
SPONSOR:JOEL P.FEROLETO
WAIVE SPECIAL EVENT APPLICATION FEE FOR NORTH BUFFALO FARMER'S MARKET
Whereas,The North Buffalo Farmer's Market will be held on Hertel Avenue on Thursdays beginning June 2nd through October 27th,2016;and,
Whereas,the Farmer's Market makes local,fresh,and affordable produce accessible for more people in the community,especially seniors,
young people,and those who don't have cars.
Now,Therefore, Be it Resolved:
That the City of Buffalo hereby waives the Special Event Application Fee for the North Buffalo Farmer's Market.
Be it Further Resolved:
That a copy of this resolution be sent to the Department of Special Events.
PASSED
AYES 9, NOES 0
NO.666
BY: RICHARD A.FONTANA
REFUNDING BOND RESOLUTION
$27,000,000 BONDS
REFUNDING OF 2004-C,2008-A,2008-B,
2009-A AND 2009-B OUTSTANDING BONDS
Refunding Bond Resolution of the City of Buffalo, New York,authorizing the refunding of all or a portion of various outstanding bonds of said City,
stating the plan of financing,appropriating an amount not to exceed$27,000,000 therefor,authorizing the issuance of not to exceed$27,000,000
Refunding Bonds of said City,or so much thereof as may be necessary,to finance said appropriation,and making certain determinations all
relative thereto.
Recitals
WHEREAS,the City previously issued:on June 3,2004 its$2,700,000 School Serial Bonds-2004-C("2004-C Bonds"),now outstanding in the
principal amount of$1,180,000;on July 9,2008 its$22,000,000 General Improvement Serial Bonds-2008-A("2008-A Bonds"),now outstanding
in the principal amount of$3,050,000 and its$8,920,000 School Serial Bonds-2008-B("2008-B Bonds"),now outstanding in the principal amount
of$1,230,000;and on June 30,2009 its$21,500,000 General Improvement Serial B onds-2009-A("2009-A Bonds"),now outstanding in the
principal amount of$4,265,000 and its$3,530,000 School Serial Bonds-2009-B("2009-B Bonds"),now outstanding in the principal amount of
$705,000(the 2004-C Bonds,2008-A Bonds,2008-B Bonds,2009-A Bonds,and 2009-B Bonds being collectively referred to hereinafter as the
"Prior Bonds");such bonds bearing interest at the rates and on the dates,and being subject to prior redemption as set forth in each such
respective bond;and
WHEREAS,the City has the power and authority to issue refunding bonds of the City for the purpose of refunding and thereby refinancing all or a
portion of the outstanding Prior Bonds,including provision for incidental costs of issuance in connection therewith,pursuant to the provisions of
Section 90.10 of the Local Finance Law(the"Law");and
now,therefore,
The Common Council of the City of Buffalo,in the County of Erie, New York hereby resolves(by the favorable vote of not less than two-thirds of
all the members of such Common Council),as follows:
Section 1. In this resolution,the following definitions apply,unless a different meaning clearly appears from the context:
a."Bond To Be Refunded"or"Bonds To Be Refunded"means all or a portion of the outstanding unredeemed maturities of the Prior Bonds.
b."Bond Certificates"means one or more of the certificates of determination that(i)were executed by the City Comptroller,in accordance with
the delegations of authority contained in Resolution No. 194 adopted by this Common Council on September 4, 1945,and(ii)provided for the
issuance of such Bonds To Be Refunded.
c."Escrow Contract"means the contract to be entered into by and between the City and the Escrow Holder pursuant to Section 10 hereof.
d."Escrow Holder"means the bank or trust company designated as such pursuant to Section 10 hereof.
e."Present Value Savings"means the dollar savings which result from the issuance of the Refunding Bonds computed by discounting the
principal and interest payments on both the Refunding Bonds and the Bonds To Be Refunded from the respective maturities thereof to the date of
issue of the Refunding Bonds at a rate equal to the effective interest cost of the Refunding Bonds.The effective interest cost of the Refunding
Bonds shall be that rate which is arrived at by doubling the semi-annual interest rate(compounded semi-annually),necessary to discount the debt
service payments on the Refunding Bonds from the maturity dates thereof to the date of issue of the Refunding Bonds and to the bona fide initial
public offering price including estimated accrued interest,or,if there is no public offering,to the price bid including estimated accrued interest.
f."Redemption Date"means May 28,2016 with respect to the 2004-C Bonds To Be Refunded, February 1,2018 with respect to the 2008-A and
2008-B Bonds To Be Refunded,and April 1,2019 with respect to the 2009-A and 2009-B Bonds To Be Refunded,or such later dates as may be
determined by the Comptroller in the final refunding financial plan.
g."Refunding Bond"or"Refunding Bonds"means all or a portion of the$27,000,000 bonds of the City of Buffalo,authorized pursuant to Section
2 hereof.
h."Refunding Bond Amount Limitation"means an amount of Refunding Bonds sufficient to pay the sum of the principal amount of Bonds To Be
Refunded plus the aggregate amount of unmatured interest payable on each Bonds To Be Refunded to and including the applicable Redemption
Date,plus redemption premiums payable on such Bonds To Be Refunded as of such applicable Redemption Date,as hereinabove referred to in
the Recitals hereof,plus costs and expenses incidental to the issuance of the Refunding Bonds including the development of the refunding
financial plan,and of executing and performing the terms and conditions of the Escrow Contract and all fees and charges of the Escrow Holder
as referred to in Section 9 hereof.
Section 2.The Common Council of the City(herein called"Common Council"),hereby authorizes the refunding of all or a portion of the Bonds To
Be Refunded of the City,more particularly described and referred to in the Recitals hereof,and appropriates an amount not to exceed
$27,000,000 therefor to accomplish such refunding.The plan of financing said appropriation includes the issuance of not to exceed$27,000,000
Refunding Bonds and the levy and collection of a tax upon all the taxable real property within the City to pay the principal of and interest on said
Refunding Bonds as the same shall become due and payable. Bonds of the City in the maximum principal amount of$27,000,000 are hereby
authorized to be issued pursuant to the provisions of the Law.The proposed financial plan for the refunding in the form attached hereto as Exhibit
A(the"refunding financial plan")prepared for the City by Capital Markets Advisors, LLC and hereby accepted and approved,includes the deposit
of all the proceeds of said Refunding Bonds with an Escrow Holder pursuant to an Escrow Contract as authorized in Section 10 hereof,the
payment of all costs incurred by the City in connection with said refunding from such proceeds,and the investment of a portion of such proceeds
by the Escrow Holder in certain obligations,the principal of and interest,together with the balance of such proceeds to be held uninvested,shall
be sufficient to pay(1)the principal of and interest on the Bonds To Be Refunded becoming due and payable on and prior to each applicable
Redemption Date and(2)the principal of and premium on the Bonds To Be Refunded to be called for redemption prior to maturity on each
applicable Redemption Date.The Comptroller is hereby authorized and directed to determine the actual amount of the Refunding Bonds to be
issued(not in excess of the maximum principal amount authorized above);the specific maturities and amounts of the Refunded Bonds to be
refunded,the details as to the redemption of the Refunded Bonds,including the date and amount of such redemption or redemptions and the
directions to the Escrow Holder to cause notice of such redemption or redemptions to be delivered;the weighted average remaining period of
probable usefulness for the objects or purposes(or classes of objects or purposes)financed with the Refunding Bonds;or of each series of the
Refunding Bonds;the date or dates of such bonds and date of issue,maturities and terms thereof,the provisions relating to the redemption of
Refunding Bonds prior to maturity;whether the Refunding Bonds will be issued in one or more series;whether the Refunding Bonds or a series
of Refunding Bonds shall provide for substantially level or declining debt service as authorized by Sections 21.00 and 90.10(c)(3)of the Local
Finance Law;and the rate or rates of interest to be borne thereby;and to prepare,or cause to be provided;a final Refunding Financial Plan for the
Refunding Bonds;provided that the terms of the Refunding Bonds to be issued,including the rate or rates of interest borne thereby,shall comply
with the requirements of Section 90.10 of the Local Finance Law.
Section 3.The Bonds To Be Refunded referred to in Section 1 hereof are the aggregate unmatured outstanding balances of five consolidated
issues of bonds originally issued pursuant to various bond resolutions adopted by the Common Council on their respective dates,authorizing the
issuance of said bonds to finance various capital improvements for the City and City School District. In accordance with the refunding financial
plan,the Refunding Bonds authorized in the aggregate principal amount not to exceed$27,000,000 have been allocated to the component issues
of the Bonds To Be Refunded,and shall mature in amounts and at dates to be determined.The Comptroller,the chief fiscal officer of the City,is
hereby authorized to approve all details of the refunding financial plan not contained herein.
Section 4.The issuance of the Refunding Bonds will not exceed the Refunding Bond Amount
Limitation.The maximum period of probable usefulness("PPU")of each issue comprising the Bonds to be Refunded is as specified in the
respective Bond Certificate for the 2004-C Bonds,2008-A Bonds,2008-B Bonds,2009-A Bonds and 2009-B Bonds,each of which is
incorporated herein by reference.
Section 5.The aggregate amount of estimated Present Value Savings is set forth in the proposed refunding financial plan attached hereto as
Exhibit A.
Section 6.Said Refunding Bonds shall be sold at private sale,and the Comptroller,the chief fiscal officer of the City,is hereby authorized,as
required,to execute a purchase contract on behalf of the City for the sale of said Refunding Bonds;provided the terms and conditions of such
sale shall,to the extent required by law,be approved by the State Comptroller,and further provided that prior to the issuance of the Refunding
Bonds,the Comptroller shall have filed with the Common Council a certificate approved by the State Comptroller setting forth the present value
savings to the City resulting from the issuance of the Refunding Bonds as required pursuant to Section 90.10 of the Local Finance Law. In
connection with such sale,the City hereby authorizes the preparation of an Official Statement and approves its use in connection with such sale,
and,further,consents to the distribution of a Preliminary Official Statement prior to the date said Official Statement is executed and available for
distribution.The Comptroller is hereby further authorized and directed to take any and all actions necessary to accomplish said refunding,and to
execute any contracts and agreements for the purchase of and payment for services rendered or to be rendered the City in connection with said
refunding including the preparation of the final refunding financial plan referred to in Section 2.
Section 7. Each of the Refunding Bonds authorized by this resolution shall contain the recital required by Section 90.100)(4)of the Local Finance
Law and the recital of validity prescribed by Section 52.00 of the Law and said Refunding Bonds shall be general obligations of the City payable
as to both principal and interest by a general tax upon all the taxable real property within the City.The faith and credit of the City are hereby
irrevocably pledged to the punctual payment of the principal of and interest on said Refunding Bonds and provision shall be made annually in the
budget of the City for(a)the amortization and redemption of the Refunding Bonds to mature in such year and(b)the payment of interest to be
due and payable in such year.
Section 8.Subject to the provisions of this resolution and of the Law,and pursuant to the provisions of Sections 21.00,50.00,56.00,90.10 and
168.00 of the Law,the powers and duties of the Common Council relative to(i)prescribing the terms,form and contents of the Refunding Bonds,
(ii)the sale and issuance of the Refunding Bonds and to executing any arbitrage certification relative thereto,(iii)the making of determinations to
issue Refunding Bonds and provide for substantially level or declining debt service,(iv)authorizing and executing agreements for credit
enhancement of the Refunding Bonds,and(v)executing the Escrow Contract described in Section 9 are hereby delegated to the Comptroller,the
chief fiscal officer of the City.
Section 9. Prior to the issuance of the Refunding Bonds,the City shall contract with a bank or trust company located and authorized to do
business in this state,for the purpose of having such bank or trust company act as the Escrow Holder of the proceeds,inclusive of any premium
from the sale of the Refunding Bonds,together with all income derived from the investment of such proceeds.The Escrow Contract shall contain
such terms and conditions as shall be necessary in order to accomplish the refunding financial plan,including provisions for the Escrow Holder
without further authorization or direction from the City,except as otherwise provided therein,(a)to make all required payments of principal,
interest and redemption premiums to the appropriate paying agent with respect to the Bonds To Be Refunded,(b)to pay costs and expenses
incidental to the issuance of the Refunding Bonds,including the development of the refunding financial plan,and of executing and performing the
terms and conditions of the Escrow Contract and all of its fees and charges as the Escrow Holder,(c)at the appropriate time or times to cause to
be given on behalf of the City the notices of redemption authorized to be given pursuant to Section 12 hereof,and(d)to invest the moneys held by
it consistent with the provisions of the refunding financial plan.The Escrow Contract shall be irrevocable and shall constitute a covenant with the
holders of the Refunding Bonds.
Section 10.The proceeds,inclusive of any premium,from the sale of the Refunding Bonds,immediately upon receipt,shall be placed in escrow
by the City with the Escrow Holder in accordance with the Escrow Contract.All moneys held by the Escrow Holder shall be invested only in direct
obligations of the United States of America or in obligations the principal of and interest on which are unconditionally guaranteed by the United
States of America,which obligations shall mature or be subject to redemption at the option of the holder thereof not later than the respective dates
when such moneys will be required to make payments or held uninvested in cash in accordance with the refunding financial plan.Any such
moneys remaining in the custody of the Escrow Holder after the full execution of the Escrow Contract shall be returned to the City and shall be
applied by the City only to the payment of the principal of or interest on the Refunding Bonds then outstanding.
Section 11.That portion of such proceeds from the sale of the Refunding Bonds,together with interest earned thereon,which shall be required
for the payment of the principal of and interest on the Bonds To Be Refunded,including any redemption premiums,in accordance with the
refunding financial plan,shall be irrevocably committed and pledged to such purpose and the holders of the Bonds To Be Refunded shall have a
lien upon such moneys and the investments thereof held by the Escrow Holder.The pledge and lien provided for herein shall become valid and
binding upon the issuance of the Refunding Bonds and the moneys and investments held by the Escrow Holder shall immediately be subject
thereto without any further act.Such pledge and lien shall be valid and binding against all parties having claims of any kind in tort,contract or
otherwise against the City irrespective of whether such parties have notice thereof. Neither this resolution,the Escrow Contract,nor any other
instrument relating to such pledge and lien,need be filed or recorded.
Section 12. In accordance with the provisions of Section 53.00 and of paragraph h of Section 90.10 of the Law,the Common Council hereby
elects to call in and redeem all the Bonds To Be Refunded which are subject to prior redemption according to their terms on each applicable
Redemption Date.The sum to be paid therefor on the Redemption Date shall be the par value thereof,the accrued interest to the Redemption
Date and the redemption premiums.The Escrow Holder is hereby authorized and directed to cause notices of such calls for redemption to be
given.in the name of the City by mailing such notice to the registered holder at least sixty and not more than seventy-five days prior to the
Redemption Date unless such notice is waived by the registered holder. Upon the issuance of the Refunding Bonds,the election to call in and
redeem the Bonds To Be Refunded subject to prior redemption and the direction to the Escrow Holder to cause notice thereof to be given as
provided in this Section shall become irrevocable and the provisions of this Section shall constitute a covenant with the holders,from time to time,
of the Refunding Bonds,provided that this Section may be amended from time to time as may be necessary to comply with the publication
requirements of paragraph a of Section 53.00 of the Law,as the same may be amended from time to time.
Section 13.The City Comptroller is further authorized to take such actions and execute such documents as may be necessary to ensure the
continued status of the interest on the Refunding Bonds as excludable from gross income for federal income tax purposes pursuant to Section
103 of the Internal Revenue Code of 1986,as amended.
Section 14.The City Comptroller is further authorized to enter into a continuing disclosure undertaking with or for the benefit of the initial
purchaser of the Refunding Bonds authorized by this resolution,if required,containing provisions which are satisfactory to such purchaser in
compliance with the provisions of Rule 15c2-12,promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange
Act of 1934.
Section 15.The City Comptroller and all other officers,employees and agents of the City are hereby authorized and directed for and on behalf of
the City to execute and deliver all certificates and other documents,perform all acts and do all things required or contemplated to be executed,
performed or done by this resolution or any document or agreement approved hereby.
Section 16.The validity of the bonds authorized by this resolution may be contested only if:
(a) Such obligations are authorized for an object or purpose for which the City of Buffalo is
not authorized to expend money,or
(b) The provisions of law which should be complied with at the date of the publication of this resolution are not
substantially complied with,
and an action,suit or proceeding contesting such validity,is commenced within twenty days after the date of such publication,
or
(c) Such obligations are authorized in violation of the provisions of the constitution.
Section 17.This resolution shall take effect immediately subject to approval by the Mayor in accordance with Section 3-19 of the Charter of the
City of Buffalo.
Introduced:
Message of Necessity
That pursuant to law,we do hereby certify that immediate passage of the attached refunding bond resolution is necessary for the efficient conduct
of City business.
Byron W. Brown
Mayor
Mark J.F.Schroeder
Comptroller
PASSED
AYES 9, NOES 0
NO.667
BY: MR.FONTANA
TRANSFER OF FUNDS-CITY PLANNING
That, Pursuant to§20-12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council,the appropriation
in be transferred and reappropriated as set forth below:
From:
30000106-445100 General City Planning $210,090
To:
30001016-445100 Tree Management and Planning $155,090
33203296-445500 Parks Buildings Reconstruction $55,000
PASSED
AYES 9, NOES 0
NO.668
BY: MR.FONTANA
TRANSFER OF FUNDS-LIBRARY FACILITIES DESIGN
That, Pursuant to§20-12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council,the appropriation
in be transferred and reappropriated as set forth below:
From:
30000106-445100 General City Planning $61,000
To:
33203306-445500 Library Facilities Design $61,000
PASSED
AYES 9, NOES 0
NO.669
BY:FILLMORE DISTRICT COUNCIL MEMBER DAVID A.FRANCZYK
WAIVE GARBAGE AND RECYCLING TOTE FEE FOR THE CENTRAL TERMINAL DYNGUS DAY EVENT
Whereas:The history and legacy of the Buffalo Central Terminal is an integral part of Western New York from pre-Depression through war time
to the present and adaptive reuse.The art deco masterpiece built in 1927,currently plays host to many activities and events;and
Whereas:On March 28,2016,the Dyngus Day Parade will travel through East Buffalo's Historic Polonia District and will end at the Buffalo
Central Terminal.This annual post-lenten event attracts thousands to Buffalo, New York to celebrate Polish-American pride,heritage and
traditions.
Now,Therefore Be It Resolved:
That the Common Council hereby requests that the garbage and recycling tote fee be waived for the Dyngus Day event at the Buffalo Central
Terminal located at 495 Paderewski Drive, Buffalo NY 14212.
Be It Further Resolved:
That a copy of this Resolution be sent to the Department of Public Works, Parks&Streets.
PASSED
AYES 9, NOES 0
NO.670
BY:FILLMORE DISTRICT COUNCIL MEMBER DAVID A.FRANCZYK
WAIVE GARBAGE AND RECYCLING TOTE FEE FOR THE ANNUAL DYNGUS DAY EVENT
Whereas:The Adam Mickiewicz Library and Dramatic Circle located at 612 Fillmore Avenue is a non-profit membership-based organization
founded in 1895. It is the oldest Polish American organization in WNY,and the oldest surviving Polish library in Buffalo;and
Whereas:On March 28,2016,the Dyngus Day Parade will pass the library and travel through East Buffalo's Historic Polonia District in
celebration of Polish heritage.This is a time-filled family event that grows bigger and better with each passing year.
Now,Therefore Be It Resolved:
That the Common Council hereby requests that the garbage and recycling tote fee be waived for the Dyngus Day event located at the Adam
Mickiewicz Library&Dramatic Circle located at 612 Fillmore Avenue, Buffalo, NY 14212.
Be It Further Resolved:
That a copy of this Resolution be sent to the Department of Public Works, Parks&Streets.
PASSED
AYES 9, NOES 0
NO.671
BY: MR.GOLOMBEK
DATE: MARCH 15,2016
TIRE"BOOTING"IN PRIVATE LOTS
Whereas:A tire"boot,"also known as a wheel clamp,is a device that locks onto a vehicles tires and is designed to prevent that vehicle from
being moved;and
Whereas:The practice of"booting"tires in private parking lots has caused concern for unsuspecting drives who return to their vehicle after an
spending an evening at dinner,the theatre or enjoying all that downtown Buffalo has to offer;and
Whereas:Motorists have been stunned to find their cars"booted"with no way to get home unless they pay some outrageous parking fee and a
boot removal charge by to the parking lot attendant;if there is one onsite;and
Whereas:Several drivers have called my office to complain of private lots that are not clearly marked or do not fully state parking policies at their
lots;and
Whereas:Many cities have made or are looking at making the"booting"of vehicles in private lots an illegal practice;and
Whereas:As the City of Buffalo continues to grow and more people visit downtown,no one wants to have their evening enjoying the city ruined by
finding their vehicle booted in a parking lot late at night;and
Whereas:Chapter 307 of the city ordinance addresses parking lots and parking lot businesses;
Now,Therefore be it Resolved:
That the Common Council of the City of Buffalo requests the Commissioner of Parking to address the issue of private parking lots use of tire
"boots"on vehicles in privately owned parking lots;and
Be it Further Resolved:
That the Corporation Counsel reviews Chapter 307 of the City Ordinance and determine whether the"booting"of vehicles is legal;and
Be it Further Resolved:
That the City of Buffalo immediately places a moratorium on the use of tire"boots"practice;on private and Parking lots until the Corporation
Counsel rules on the legality of the practice;and
Be it Finally Resolved:
That Council Staff send copies of this resolution to the Commissioner of Parking,the Board of Parking,the Corporation Counsel, Buffalo Police
Department,the Department of Permits and Inspections, Department of Public Works, Parks and Streets,Visit Buffalo Niagara and Buffalo Place
for their concerns and suggestions.
ADOPT RESOLVES REFER REMAINDER TO THE COMMITTEE ON LEGISLATION
NO.672
IN THE COMMON COUNCIL OF THE CITY OF BUFFALO,
ON MARCH 15,2016
COUNCIL MEMBER PRIDGEN SUBMITTED THE FOLLOWING RESOLUTION:
CHAPTER 511 SPECIAL ZONING DISTRICT FOR JEFFERSON AVENUE
Whereas,from time to time,the unique characteristics of a particular area or areas of the City require the creation of special zoning districts;
Special Zoning Districts were created to protect the stability and continued viability of sound residential,commercial,and cultural areas of the
City;
Whereas,any person seeking to establish or extend a restricted use in a Special Zoning District must file an application for a restricted use
permit;
Whereas,The stability and continued vitality of Jefferson Avenue between Clinton Street and Genesee Street as a sound residential,commercial,
and cultural area of the city is threatened by overdevelopment and expansion of bars,taverns,dancehalls,nightclubs,drinking establishments,
and private clubs in a manner and at a scale and rate that cannot be adequately regulated within existing legal and regulatory control;
Whereas,An Ordinance Amendment has been prepared and Approved as to Form,which creates the Jefferson Avenue Special Zoning District
and lists these uses Restricted Uses for which a Restricted Use permit is required in said Special Zoning District; Now,Therefore, Be It
Resolved that The City of Buffalo Common Council--
1)Directs the City Clerk,pursuant to§511-126 of the Zoning Code,to set public hearings for the amendment to§511,Article XVI.
Directs the City Clerk to set the date for a public hearing before the Council's Legislation Committee;
2)Refers the proposed Amendment to the City Planning Board for its review and recommendation pursuant to§511-126;
3)Refers the corresponding Ordinance Amendment to the Committee on Legislation for further action.
ADOPTED
NO.673
BY: MR.PRIDGEN
ORDINANCE AMENDMENT CHAPTER 511.ZONING
The Common Council of the City of Buffalo does hereby ordain as follows:
That Chapter 511,Article XVI,SD SPECIAL ZONING DISTRICTS of the Code of the City of Buffalo be amended to read as follows:
Chapter 511.ZONING
Article XVI.SD Special Zoning Districts
§511-69 JEFFERSON AVENUE DISTRICT.
A.The Jefferson Avenue District,as hereinafter limited,shall be known as the"Jefferson Avenue Special Zoning District."
B. Limits.The Jefferson Avenue Special Zoning District shall include both sides of Jefferson Avenue between Clinton Street and Genesee Street.
C. LEGISLATIVE INTENT
(1)The Common Council finds that the stability and continued vitality of Jefferson Avenue between Clinton Street an Genesee Street as a sound
residential,commercial and cultural area of the City is threatened by the overdevelopment and expansion of bars,taverns,dancehalls nightclubs
drinking establishments,and private clubs in a manner and at a scale and rate that cannot be adequately regulated within existing legal and
regulatory control.
(2)The Common Council further finds that development of the aforesaid type has given rise to traffic congestion,hazards to the life and safety of
pedestrians and motor vehicle passengers and operators,extensive illegal parking,excessive noise(especially at night),vandalism trespass and
damage to both public and private property,annoyance and interference with the rights of residents of the neighborhood and visual pollution,such
that neighborhoods might well deteriorate beyond the point of remedial action.
(3)The Common Council further finds that the current prosperity and viability of Jefferson Avenue neighborhoods are the result of a balance
between the commercial establishments on Jefferson Avenue and the adjacent residential neighborhoods and that any further expansion of bars
taverns,dancehalls,nightclubs,drinking establishments,and private clubs will threaten and jeopardize this balance.
D. PERMITTED USES Any of the uses which presently are permitted pursuant to this chapter of the Code of the City of Buffalo or which may be
established or extended as a matter of right pursuant to said Code,except those uses herein restricted,shall be permitted uses in the Jefferson
Avenue Special Zoning District.
E. RESTRICTED USES. No use shall be permitted in the Jefferson Avenue Special Zoning District which is use for bars,taverns dancehalls
nightclubs,or drinking establishments,except as permitted by Subsection F of this section.
F. RESTRICTED USE PERMIT
(1)Any of the following listed uses may be established or extended,separately or in combination with other uses permitted in this district,if in
compliance with all of the regulations of this chapter,but only if a restricted use permit is issued pursuant to§511-55 of this chapter:
Bars
Taverns
Dancehalls
Nightclubs
Drinking Establishments
(2)Any person seeking to establish or extend a use restricted by Subsection E of this section shall file an application for a restricted use permit
as provided by§511-55 of this chapter.
G.SEVERABILITY CLAUSE.The provisions of this section are severable. If any provision,paragraph,subparagraph,sentence,clause,phrase
or word of this section or its application to any person or circumstance is held invalid,said invalidity shall not affect any other provision,paragraph,
subparagraph,sentence,clause,phrase or word or application which can be given effect without the invalid provision,paragraph,subparagraph,
sentence,clause,phrase or word or application of this section.
I.This Ordinance Amendment shall take effect once it is duly ratified pursuant to City Charter§3-19.
APPROVED AS TO FORM ONLY:
Lauren A. Howard
ASSISTANT
CORPORATION COUNSEL
NOTE:Matter underlined is new,matter in brackets is to be deleted.
REFERRED TO THE COMMITTEE LEGISLATION
NO.674
APPOINTMENT OF LEGISLATIVE ASSISTANT
Council Member Rivera placed in nomination the name of Rachel Reid,for appointment as Legislative Assistant to the Council Staff Office,
effective March 21,2016.
A vote being taken,each member of the Common Council,as their name was called,announced their choice as follows:
Aye 9, Noes 0
ADOPTED
NO.675
SPONSOR:CHRISTOPHER P.SCANLON
DATE: MARCH 8,2016
DENIAL OF LEVEL 3 APPLICATIONS FOR CORRECTION OF
MULTIPLE-PARCEL ERRORS ON FORM RP 556-B DATE MAY 29,2013
WHEREAS: Level 3 Communications, LLC and Broadwing Communications, LLC(collectively"Level 3")have filed Applications for Correction of
Multiple-Parcel Errors on Form RP 556-b pursuant to Real Property Tax Law Section 556.b for the 2010,2011,and 2012 tax years,and
WHEREAS:The Erie County Real Property Tax Director has investigated the circumstances of the claims of Level 3 in the applications,and
WHEREAS:The Erie County Real Property Tax Director has transmitted a written report of such investigation and his recommendations for
action thereon,and
WHEREAS:The Erie County Real Property Tax Director has determined that the applications are without merit and recommends that the
applications be denied for multiple reasons,and
WHEREAS:The Erie County Real Property Tax Director has recommended that the applications be denied for the following specific reasons:
1.The fiber optic cable constitutes taxable real property under multiple sections of Section 102 of the Real Property Tax Law as follows:
A. Fiber optic cable has been interpreted and taxed as real property for more than thirty years,and should continue to be taxed as
real property;
B. The fiber optic cable meets the definition of real property pursuant to Real Property Tax Law Section 102(12)0)and is taxable
under that section;
C. The fiber optic cable constitutes property for the distribution of light and is taxable real property pursuant to Real Property Tax
Law 102(f);
D. The fiber optic cables constitute fixtures and are taxable real property pursuant to Section 102(12)(b)of the Real Property Tax
Law;
E. The Real Property Tax Law does not provide any tax exemption for fiber optic cable;
F. Real Property Tax Law Section 102 does not contain any express or implied exclusion for fiber optic cable from the definition of
taxable real property;
G. The Legislative History of Real Property Tax Law Section 102 does not support Level 3's position that fiber optic cable does not
constitute taxable real property and is not subject to real property taxation;
H. The research articles submitted by Level 3 in the prior court case have no foundation,are not authoritative,were written many
years
after the New York State Legislature enacted the language contained in Real Property Tax Law Section 102,and there is no
evidence the New York State Legislature considered those articles when the Legislation was enacted;and
The RCN case,which applicant references in its applications,is factually and legally distinguishable from the circumstances
involving Level 3's property located in Erie County.The RCN case involved property in New York City in a building,and not
underground cables connected to taxable fiber optic cable in the right of way,as is the situation in Erie County. In addition,the
RCN case is in a different department and is not binding on the Courts in the Appellate Division, Fourth Department.
2.The applications contain only conclusory allegations with respect to fiber optic cables,and fail to contain detailed and sufficient evidence with
respect to the identity,location,composition and usage of its property and lines.The applications fail to contain any information from any
engineer,expert,person,or employee with personal knowledge with respect to the cable lines in question.
3.The applications are procedurally improper.The applications fail to establish a clerical error,unlawful entry,or an error in essential fact as
those terms are defined by Section 550 of the Real Property Tax Law. Numerous Town tax assessors have also analyzed Level 3's claims and
confirmed my analysis that Level 3's allegations do not constitute an"unlawful entry"as that term is defined in Real Property Tax Law Section
550(7).There was no entry of assessed valuation on an assessment roll or tax roll made by an unauthorized person or body.
4. Form RP 556-b is wholly inapplicable to Petitioner's application and claims.
A. Real Property Tax Law Section 556-b is applicable only to four specific types of clerical errors,none of which exist or apply with
respect to Level 3's claims.
B. There was no"mistake in the determination or transcription of a special assessment"or"charges based on units of service
provided by a special district."
C. There was no mathematical error or real property located entirely outside the boundaries of the assessing unit.
D. The Appellate Division,Third Judicial Department,has previously ruled that Level 3 incorrectly used RPTL Section 556-b to
apply for the relief it seeks. Level 3 Communications, LLC v. Essex County, 129 A.D.3d 1255, 1257(3rd Dept.,2015).
5.The applicant's proper remedy is to bring a tax certiorari proceeding under Article 7 of the Real Property Tax Law challenging the assessments
prospectively.The applications improperly seek retroactive tax refunds under inapplicable sections of the Real Property Tax Law.
6.The RP 556-b applications are time barred and untimely on the basis that they were filed after the expiration of the tax warrants.See RPTL
Section 554; Level 3 Communications v. Essex County,Supreme Court, Essex County, Hon.T. Buchanan,decided May 29,2014.
7.The RP 556-b applications are also time-barred and untimely with respect to the 2010 tax year because they were not filed within three years
from the annexation of the warrants for such taxes as required by Real Property Tax Law,Section 556(1 )(a).
8.The applications are untimely and barred by the four-month statute of limitations because they were filed more than four months after the
assessment rolls became final and binding.See Press v.County of Monroe,50 N.Y.2d 695(1980).
9. Level 3 failed to pay the taxes under a protest.The Voluntary Payment Doctrine bars Level 3 from recovery of taxes paid without protest.See
City of Rochester v.Chiarella,65 N.Y.2d 92,98(1985);City of Rochester v.Chiarella,98 A.D.2d 8,9, 12(4th Dept., 1983)affd 63 N.Y.2d 857
(1984).
A) Level 3's argument that Real Property Tax Law Section 556 allows recovery without protest is without merit since Section 556 does
not state or provide an affirmative right to recover taxes without protest. Level 3 Communications, LLC v. Essex County, 129 A.D.3d 1255(3rd
Dept.,2015);Community Health Plan v. Burkard,3 A.D.3d 724,725(3rd Dept.,2004).
10.The applications should be denied on public policy grounds because Level 3 voluntarily deferred its challenges to the public assessments for
multiple years and exposed the municipalities and school districts to unnecessary retroactive disruption of their budgets. Press v.County of
Monroe,50 N.Y.2d 695(1980);Solnick v.Whalen,49 N.Y.2d 224(1979),and
WHEREAS:the Commissioner of the Department of Assessment and Taxation has reviewed the application of Level 3 Communications, LLC
and the recommendations of the Erie County Real Property Tax Director and has reviewed and considered the same and now recommends
ratification of such recommendation and denial of Level 3 Communications, LLC's application;and
WHEREAS:That all of the Level 3 Applications for Correction of Multiple-Parcel Errors on Form RP 556-b dated May 29,2013 are hereby denied
in their entirety for the reasons set forth above.
Now,Therefore Be it Resolved
That the City of Buffalo Common Council has carefully considered and fully agrees with the investigation and recommendations of the Erie
County Real Property Tax Director
Be it Further Resolved
That all of the Level 3 Applications for Correction of Multiple-Parcel Errors on Form RP 556-b dated May 29,2013 are hereby denied in their
entirety for the reasons set forth above.
REFERRED TO THE COMMITTEE ON FINANCE
NO.676
BY:COUNCIL MEMBER SCANLON
HOME RULE REQUEST TO PASS ASSEMBLY BILL A.7895,"AN ACT IN RELATION TO AUTHORIZING
SEAN WILLIAM MCCABE TO FILE A REQUEST FOR CHANGE OF BENEFIT COVERAGE WITH THE
NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM".
WHEREAS,Sean William McCabe,a member of the New York State and local police and fire retirement system who was first employed by the
Buffalo Police Department on July 31,2009,who,for reasons not ascribable to his own negligence,filed an election to be covered by the benefits
of article 22 of the retirement and social security law shall be deemed to be covered by the benefits of article 14 of such law,and the retirement
plan contained in subdivision F of section 384 of this law retroactive to July 31,2009;and
WHEREAS,it is in the interest of the City of Buffalo that such legislation be enacted;
NOW,THEREFORE, BE IT RESOLVED,that the City Clerk send a Home Rule Request to the New York State Legislature,as follows:
To the Legislature:
Pursuant to Article IX of the Constitution,the City of Buffalo requests the enactment of Assembly Bill No.A.7895,entitled"An act in relation to
authorizing Sean William McCabe to file a request for change of benefit coverage with the New York State and local police and fire retirement
system".
It is hereby stated that a necessity exists for the enactment of such legislation,and that the facts establishing such necessity are as follows:The
local government does not have the power to enact such legislation by local law.
EXPLANATION
This legislation allows Sean William McCabe,an employee of the City of Buffalo,to change his retirement status from Tier 5 to Tier 3.This bill
allows Mr.McCabe to be granted Tier 3 status in the New York State and local police and fire retirement system,a status he has rightfully earned.
AND BE IT FURTHER RESOLVED,that the City Clerk send copies of this resolution to the Home Rule Counsel of the New York State
Assembly,the Home Rule Counsel of the New York State Senate,and the local delegation of the New York State Legislature.
ADOPTED
NO.677
BY:COUNCIL MEMBER SCANLON
HOME RULE REQUEST TO PASS SENATE BILL S.3528,"AN ACT IN RELATION TO AUTHORIZING
SEAN WILLIAM MCCABE TO FILE A REQUEST FOR CHANGE OF BENEFIT COVERAGE WITH THE
NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM".
WHEREAS,Sean William McCabe,a member of the New York State and local police and fire retirement system who was first employed by the
Buffalo Police Department on July 31,2009,who,for reasons not ascribable to his own negligence,elected to participate in the non-contributory
retirement plan,shall be deemed to be covered by the benefits of the retirement plan contained in subdivision F of section 384 retroactive to July
31,2009;and
WHEREAS,it is in the interest of the City of Buffalo that such legislation be enacted;
NOW THEREFORE BE IT RESOLVED,that the City Clerk send a Home Rule Request to the New York State Legislature,as follows:
To the Legislature:
Pursuant to Article IX of the Constitution,the City of Buffalo requests the enactment of Senate Bill No.S.3528,entitled"An act that relates to the
authorization of the New York State and local police and fire retirement system to designate Sean William McCabe as a Tier 3 member".
It is hereby stated that a necessity exists for the enactment of such legislation,and that the facts establishing such necessity are as follows:The
local government does not have the power to enact such legislation by local law.
EXPLANATION
This legislation allows Sean William McCabe,an employee of the City of Buffalo,to change his retirement status from Tier 5 to Tier 3.This bill
allows Mr.McCabe to be granted Tier 3 status in the New York State and local police and fire retirement system,a status he has rightfully earned.
AND BE IT FURTHER RESOLVED,that the City Clerk send copies of this resolution to the Home Rule Counsel of the New York State Senate,
the Home Rule Counsel of the New York State Assembly,and the local delegation of the New York State Legislature.
ADOPTED
NO.678
BY:COUNCIL MEMBER SCANLON
HOME RULE REQUEST TO PASS ASSEMBLY BILL A.6528,"AN ACT TO AMEND THE REAL PROPERTY TAX LAW,IN RELATION TO
AUTHORIZING THE CITY OF BUFFALO TO TREAT UNPAID BUILDING CODE,PROPERTY MAINTENANCE AND NUISANCE FINES AS
DELINQUENT TAXES AND IMPOSE TAX LIENS UPON THE REAL PROPERTY WHICH IS THE SUBJECT OF THE FINES"
WHEREAS,there is now pending in the New York State Legislature,legislation that would authorize the City of Buffalo to treat unpaid building
code,property maintenance and nuisance fines as delinquent taxes and impose liens upon the real property which is the subject of the fines;and
WHEREAS,it is in the interest of the City of Buffalo that such legislation be enacted;
NOW THEREFORE BE IT RESOLVED,that the City Clerk send a Home Rule Request to the New York State Legislature,as follows:
To the Legislature:
Pursuant to Article IX of the Constitution,the City of Buffalo requests the enactment of Assembly Bill No.A.6528,entitled"An act to amend the
real property tax law,in relation to authorizing the City of Buffalo to treat unpaid building code,property maintenance and nuisance fines as
delinquent taxes and impose tax liens upon the real property which is the subject of such fines".
It is hereby stated that a necessity exists for the enactment of such legislation,and that the facts establishing such necessity are as follows:The
local government does not have the power to enact such legislation by local law.
EXPLANATION
This legislation allows the City of Buffalo to enact a local law to treat unpaid code enforcement fines in the same manner as delinquent taxes.The
legislation applies only to non-owner occupied properties and includes notice and appeal provisions.
AND BE IT FURTHER RESOLVED,that the City Clerk send copies of this resolution to the Home Rule Counsel of the New York State
Assembly,the Home Rule Counsel Ofthe New York State Senate,and the local delegation of the New York State Legislature.
ADOPTED
NO.679
BY:COUNCIL MEMBER SCANLON
HOME RULE REQUEST TO PASS SENATE BILL S.4229,"AN ACT TO AMEND THE REAL PROPERTY TAX LAW,IN RELATION TO
AUTHORIZING THE CITY OF BUFFALO TO TREAT UNPAID BUILDING CODE,PROPERTY MAINTENANCE AND NUISANCE FINES AS
DELINQUENT TAXES AND IMPOSE TAX LIENS UPON THE REAL PROPERTY WHICH IS THE SUBJECT OF THE FINES"
WHEREAS,there is now pending in the New York State Legislature,legislation that would authorize the City of Buffalo to treat unpaid building
code,property maintenance and nuisance fines as delinquent taxes and impose liens upon the real property which is the subject of the fines;and
WHEREAS,it is in the interest of the City of Buffalo that such legislation be enacted;
NOW THEREFORE BE IT RESOLVED,that the City Clerk send a Home Rule Request to the New York State Legislature,as follows:
To the Legislature:
Pursuant to Article IX of the Constitution,the City of Buffalo requests the enactment of the Senate Bill No.S.4229,entitled"An act to amend the
real property tax law,in relation to authorizing the City of Buffalo to treat unpaid building code,property maintenance and nuisance fines as
delinquent taxes and impose tax liens upon the real property which is the subject of such fines".
It is hereby stated that a necessity exists for the enactment of such legislation,and that the facts establishing such necessity are as follows:The
local government does not have the power to enact such legislation by local law.
EXPLANATION
This legislation allows the City of Buffalo to enact a local law to treat unpaid code enforcement fines in the same manner as delinquent taxes.The
legislation applies only to non-owner occupied properties and includes notice and appeal provisions.
AND BE IT FURTHER RESOLVED,that the City Clerk send copies of this resolution to the Home Rule Counsel of the New York State Senate,
the Home Rule Counsel of the New York State Assembly,and the local delegation of the New York State Legislature.
ADOPTED
NO.680
IN THE COMMON COUNCIL OF THE CITY OF BUFFALO,
ON MARCH 14,2016
COUNCIL MEMBER WINGO AND COUNCIL MEMBER FONTANA SUBMITTED THE FOLLOWING RESOLUTION:
WAIVE PARK RENTAL AND SPECIAL EVENT FEES MASTEN DISTRICT EASTER EGG HUNT
AND LOVEJOY DISTRICT STACHOWSKI PARK EASTER EGG HUNT
Whereas,Chapter 175 of the code of the City of Buffalo establishes a schedule of fees that are charged with respect to licenses and permits and
activities required under various chapters of the City Charter,
Whereas,The Masten District Easter Egg Hunt will be held March 26th;
Whereas,The Lovejoy District Easter Egg Hunt will be held March 26`h;
Whereas,these events are community based and free to the public;
Now,Therefore Be It
Resolved that the City of Buffalo Common Council--
1)That the Common Council of the City of Buffalo respectfully request that the Department of Special Events, Department of Permits and
Inspections,and the Department of Public Works waive fees applicable for the Masten and Lovejoy District Easter Egg Hunt;
2)That the City Clerk forward a copy of this resolution to the Commissioners of the Departments of Permits and Inspections, Public Works and
Special Events.
PASSED
AYES 9, NOES 0
NO.681
SPONSORS:COUNCIL MEMBER WINGO&COUNDIL MEMBER RIVERA
SUPPORT FOR CLEAN ENERGY AND GOOD JOBS IN NY STATE ENERGY BILL
Whereas: In 2015,over 50 community,labor,and environmental organizations across New York State came together to form NY Renews,a
movement to ensure all New Yorkers have Healthy Communities,Good Jobs,and 100%Clean Energy;and
Whereas:The NY Renews alliance has four goals for this current State Legislative Session:(2)establish binding state commitments to climate
pollution reduction,clean energy,and energy efficiency,(2)create clean energy jobs,(3)focus existing resources towards vulnerable,impacted,
historically disadvantaged,and front line communities,and(4)ensure government accountability and action;and
Whereas:To establish binding state commitments to 100%Clean Energy,the State Legislature should make our climate commitment legally
enforceable by enshrining a New York State commitment to reducing emissions 80%by 2050 in law,and setting a path to an equitable 100%
clean energy economy and increased energy efficiency,mandating all of state government to screen every decision to ensure that it will meet the
goals,address social equity and provide a pathway forward for good jobs to be created;and
Whereas:To create clean energy jobs,legislation should ensure that the new clean energy economy creates good jobs by applying a prevailing
wage to both construction and operations jobs projects that include energy spending of over$1 million and create a"Build the Future"working
group that brings together labor,community,business,and other leaders to propose and implement specific projects;and
Whereas:To strengthen environmental justice through a just energy policy and screening tool to apply to policies that ensures energy decisions
not only provide benefits,but are a tool for elevating those communities that have traditionally been disadvantaged,including communities that
already have existing environmental burdens,ongoing energy transitions,high unemployment,or historical disinvestment;and
Whereas:To ensure government accountability the State Legislature should set specific benchmarks and reporting requirements every 4 years
until 2050 to ensure emissions reductions,rapid deployment of renewable energy,and increased energy efficiency,and reinforce action and
accountability through stakeholder engagement and a private right of action.
Now,Therefore Be It Resolved:The Common Council endorses these goals and encourages the State Legislature to include them in a bill this
legislative session to make New York an energy efficient state that creates jobs for all,reduces poverty,and builds a healthy environment through
renewable energy creation.
ADOPTED
NO.682
BY: RASHEED N.C.WYATT
APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED
FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES
That the following person(s)are hereby appointed as Commissioner of Deeds for the term ending December 31,2016,conditional upon the
person(s)so appointed certifying under oath to their qualifications and filing same with the City of Buffalo.
Toni Brinson
Joanne Boyce
Jessica Nieves
Total:3
ADOPTED
NO.683
BY: RASHEED N.C.WYATT
APPOINTMENTS COMMISSIONER OF DEEDS
That the following person(s)are hereby appointed as Commissioner of Deeds for the term ending December 31,2016,conditional,upon the
person so appointed certifying under oath to their qualifications and filing same with the City Clerk.
James Sutton
TOTAL: 1
ADOPTED
NO.684
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled.All meetings are held in the Common Council Chambers, 13`h floor City Hall, Buffalo, New York,unless
otherwise noted.
Regular Committees
Committee on Civil Service Tuesday,March 22,2016 at 9:45 o'clock A.M.
Committee on Finance Tuesday,March 22,2016 at 10:00 o'clock A.M.
following Civil Service
Committee on Comm. Dev. Tuesday,March 22,2016 at 1:00 o'clock P.M.
Committee on Legislation Tuesday,March 22,2016 at 2:00 o'clock P.M.
Special Committees
(Public Disclaimer'):All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that
there is sufficient time given for notification,it will be provided. In addition,there may be meetings set up whereby the City Clerk's Office is not
made aware;therefore,unless we receive notice from the respective Chairmen,we can only make notification of what we are made aware.
NO.685
ADJOURNMENT
On a motion by Mr. Rivera,Seconded by Mr.Scanlon,the Council adjourned at 3:30 PM