HomeMy WebLinkAbout16-0621
NO. 13
PROCEEDINGS
OF THE
CITY OF BUFFALO
JUNE 21, 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 June 21, 2016
FINAL
Roll Call
Pledge of Allegiance
Invocation
1428- 1. Felicitation/in Memoriam ADOPT
MAYOR
MAYOR – EXECUTIVE
1429- 2. Plan Bd-SEQRA-Negative Declaration-1756 Genesee(Lov) ADOPT
1430- 3. Plan Bd-SEQRA-Negative Declaration-1176 South Park(South) ADOPT
1431- 4. Plan Bd-SEQRA Determination of Significance-340 Bird Ave(Nia) ADOPT
1432- 5. Plan Bd-SEQRA Determination of Significance-854 Ellicott(Ell) ADOPT
1433- 6. Plan Bd-SEQRA Determination of Significance-975 Fuhrmann(South) ADOPT
1434- 7. Strat Plan-Abandonment and Sale of Between Rhode Island and Massachusetts
and Nineteenth and Chenango Sts(Nia) CD,CPBD
1435- 8. Strat Plan-Amend Designate Developer Agmt Btwn COB and Bflo
Neighborhood Stabilization Co as Developer for Former Sch No. 77-
429 Plymouth(Nia) APP
1436- 9. Strat Plan-Authorization to Provide Grant Funding to Comm Foundation of
Greater Bflo to Support Lead Poisoning Prevention Initiatives APP
1437- 10. Strat Plan-Permission to Designate Developer Portion of 240 Kensington(Mas) CD
1438- 10A Strat Plan-Permission to Designate Developer-1140 Jefferson &
338 & 340 Dodge, 275 & 279 Southampton, 318, 322 & 326
Northampton & and 197 Eaton APP
1439- 11. Strat Plan-Report of Sale 401, 407 & 409 Adams(Ell) CD
1440- 12. Strat Plan-Report of Sale 421 & 425 Ferry East(Mas) CD
1441- 13. Strat Plan-Report of Sale 2028 Fillmore(Mas) CD
1442- 14. Strat Plan-Report of Sale 18 Goodyear(Fill) APP
1443- 15. Strat Plan-Report of Sale 20 Kane(Ell) APP
1444- 16. Strat Plan-Report of Sale 232 Pennsylvania(Nia) APP
1445- 17. Strat Plan-Report of Sale 162 Royal-Portion of Lot(M. Fortman)(North) APP
1446- 18. Strat Plan-Report of Sale 162 Royal-Portion of Lot(SDP Prop LLC)(North) APP
1447- 19. Strat Plan-Report of Sale 586 South Park(Fill) APP
1448- 20. Strat Plan-Transfer of 509 Michigan from BURA to COB APP
COMPTROLLER
1449- 21. Certificate of Necessity-Broadway Market Kitchen & Floor Constr R&F
1450- 22. Certificate of Necessity-Michigan Archway Study & Design R&F
1451- 23. Capital Debt Service Fund Deposits 2016-2017 Fiscal Year FIN
1452- 24. Interfund Cash Loan-Bailey Avenue Bridge APP
1453- 25. Interfund Loan-Fire Apparatus Purchase 2016 APP
PUBLIC WORKS
1454- 26. Change in Contract-Broadway Mkt Armed Security Guards(Fill) APP
1455- 27. Change in Contract-Cazenovia Pool Roof Partial Reconstr(South) APP
1456- 27A. Change in Contract-City Court New Courtroom and Elevator Upgrade APP
1457- 28. Change in Contract-N. Buffalo Ice Rink Improvements(Del) APP
1458- 28A. Permission to Engage Services of Consulting Engineer for the Design, Contr,
Inspection for City-wide Bridge Rehab Program APP
1459- 29. Permission to Increase Contract Visone Constr-N. Bflo Rails to Trails Proj(Univ)_APP
1460- 29A. Permission to Increase Contract for Constr Management and Inspection
Kenmore Ave Project(Univ) APP
1461- 30. Permission to Renew an Agmt for Yard Waste Composting with Lardon Constr_APP
1462- 31. Report of Bids-Allendale Theatre Exterior Reconstr(Fill) APP
1463- 32. Report of Bids-Broadway Mkt Floor Resurfacing(Fill) APP
1464- 33. Report of Bids-City-Wide Mill & Overlay CDBG YR-41Group 875C APP
1465- 34. Report of Bids-City-Wide Curb & Sidewalk Replacement CDBG YR-41
Group 875A APP
1466- 35. Report of Bids-McKinley Monument Restoration(Ell) APP
1467- 36. Request for Authorization of Pesticide Control Plan for Invasive Plant Species
Removal Bailey Ave Bridges(Lov) FIN
POLICE
1468- 37. Approval to Add Vehicle to the Fleet APP
1469- 38. Appoint Police Chief(Exempt)(Young) CS
1470- 39. Appoint Police Chief(Exempt)(Gramaglia) CS
rd
1471- 40. Appoint Motor Equipment Mechanic(Prov)(3 step)(Colston) CS
CORPORATION COUNSEL
1472- 41. Appoint Deputy Corporation Counsel(Exempt)(Lazarin) CS
1473- 42. Appoint Assistant Corporation Counsel II(Perm)(Min)(Chirboga) CS
PERMITS AND INSPECTIONS
1474- 43. Food Store License(New)-294 Vermont(Nia) LEG
1475- 44. Lodging House License-340 Elmwood(Nia) LEG
1476- 44A. Mobile Food Truck-Blue Balls Bus Inc. LEG
1477- 44B. Mobile Food Truck-The Grove Juice Truck LEG
1478- 44C. Mobile Food Truck-Polish Villa Food Truck APP
1479- 44D. Mobile Food Truck-Rudy’s Kitchen APP
1480- 44E. Mobile Food Truck-Sweet Melody’s LEG
1481- 44F. Restaurant Dance Class-2182 Delaware Ave(Del) LEG
1482- 44G. Sidewalk Café-601 Main(Ell) LEG,PW
1483- 45. Used Car-708 Tonawanda(North) APP
PARKING
1484- 46. Request for Authorization of Supplemental Payment to Jacqueline Hennings APP
COMMUNITY SERVICES & RECREATIONAL
1485- 46A. Proposed Agmt with Workforce Corp of Bflo and EC to Administer the
Mayor’s Summer Youth Internship Program APP
CITY CLERK
1486- 47. Application for Restricted Use Permit-69 W. Chippewa(06/30/16) DENY
1487- 48. Application for Restricted Use Permit-69 W. Chippewa(07/14/16) LEG
1488- 49. Application for Restricted Use Permit-69 W. Chippewa(07/28/16) LEG
1489- 50. Application for Restricted Use Permit-69 W. Chippewa(08/11/16) LEG
1490- 51. Application for Restricted Use Permit-69 W. Chippewa(08/25/16) LEG
1491- 52. Items returned by Mayor without Approval/Disapproval(05/24/16) R&F
1492- 53. Liquor License Applications R&F
1493- 54. Leaves of Absence R&F
1494- 55. Acting Time R&F
1495- 56. Notices of Appointment-Seasonal R&F
1496- 57. Notices of Appointments- Temp/Prov/Perm CS
MISCELLANEOUS
1497- 58. A. Baney-Buffalo Medical Cannabis Act LEG
1498- 59. N. Petrotto-Buffalo Cannabis Act LEG
1499- 60. P. Indelicato-Concerns Transgender Lavatory R&F
1500- 61. J. Marrero-Concerns Larkinville PW,PKG
1501- 62. I. Mustafa-Business at 1869 Seneca CD
1502- 63. NYSDEC-Public Comment Invite-Brownfield Site on West Genesee St R&F
1503- 64. NYS Dept of Public Service-Public Statement Hrg-Increase in
National Fuel Gas R&F
1504- 65. D. Pridgen-NFTA Resource Strategy R&F
1505- 66. S. Radford-Info Registered Sex Offender Task Force R&F
1506- 67. Rev. M. Showers-COB Living Wage Comm-Concerning Allied Waste FIN
PETITIONS
th
1507- 68. R. Hernandez, Agent, Rezone 505 7 St to Build a New State
of Art Medical Center(Ell)(hrg 6/28) LEG,CPBD
1508- 69. J. Velarde, Agent, Use 62 Englewood to Erect an Accessible Ramp
Lift and Stairs on ROW-Side of Existing Church(Univ)(hrg 6/28) LEG,CPBD
1509- 70. J. See, Agent, Use 502 Elmwood to Re-Establish Use of a Restaurant &
Outdoor Patio(Nia)(hrg 6/28) LEG,CPBD
1510- 71. J. See, Agent, Rezone 502 Elmwood from a R2 to a EB for a Restaurant
Bar & Outdoor Patio(Nia)(hrg 6/28) LEG,CPBD
1511- 72. S. DeFranks, Owner, Use 670 Ohio to add Use of a Contractor Storage Yard
to an Existing Manufacturing & Processing Use in the Buffalo
Coastal Special Review District(South)(hrg 6/28) LEG,CPBD
1512- 73. D. Doyle, Agent, Use 1678 Hertel for a Take Out Restaurant and Sidewalk
Café in the Hertel Ave District(Del)(hrg 6/28) LEG,CPBD
1513- 74. P. Morino, Owner, Use 1318 Hertel For Operation of Tavern and Sidewalk Café
with Encroachment on ROW in the
Hertel Avenue District(Del)(Hrg 6/28)_ LEG,CPBD,PW
1514 75. N. Spence, Owner, Use 2022 Genesee to Re-establish a Restaurant in the
Genesee/East Delavan Special District(Lov)(Hrg 6/28) LEG,CPBD
1515- 75A. M. Croce, Owner, Use 204 Franklin to Erect a Temporary and Removable
Enclosed Sidewalk Patio on City ROW(No Hrg)(Ell) APP W/COND
1516- 75B. D. Krahling & O-Stop the Noise and Dust Pollution 300 Greene St(Lov) CD
RESOLUTIONS
1553- 76. Feroleto Permission to Conduct 2016 Greater Bflo Italian Festival APP
1554- 76A. Feroleto Waive Building Permit Fees for the Buffalo Zoo’s Main
Animal Building Roof Replacement APP
1555- 76B Feroleto Waive Special Event Fee-Sanitation for North Bflo
Farmer’s Market APP
1556- 77. Fontana Appoint Marriage Officer(Casillas) Expiring 9/30/16 ADOPT
1557- 78. Fontana Transfer of Funds-Broadway Mkt Kitchen & Floor Constr APP
1558- 78A. Fontana Subpoena Buffalo ReUse ADOPT,CC
1559- 79. Fontana Transfer of Funds-Michigan Archway Study & Design APP
1560- 80. Fontana Waiver of Habitat for Humanity License and Curb Cut Fees
for Fiscal Yr 2016-17 APP
1561- 81. Franczyk Set Public Hearing Abandonment and Sale-Alley Btwn
Massachusetts and Rhode Island and Chenango and
Nineteenth Sts ADOPT
1562- 82. Franczyk Approval of the Abandonment and Sale and the Report of
Sale of Alley Btwn Massachusetts and Rhode Island and
Chenango and Nineteenth St(Hrg 7/5) CD
1563- 82A Franczyk Waive Park Permit Fees-Soccer for Success Family Day APP
1564- 83. Pridgen, etc Ord Amend-Ch 511 Special Zoning Districts-Gates Circle APP
1565- 83A. Pridgen Subpoena Mohammad Kabir CD,CC
1566- 84. Pridgen Wheelchair Access-Floor of Council Chambers ADOPT RES,REM CD
1567- 85. Rivera Waiver of Fees for Leonardo da Vinci High School
Senior Class Picnic APP
1568- 86. Rivera Waiver of Fees for US Naval Reserve Family Picnic APP
1569- 87. Scanlon Appoint Marriage Officer(Schroeder)(Expire 12/31/16) ADOPT
1570- 88. Scanlon Ord Amend Ch 137-Code Enforcement LEG
1571- 89. Scanlon Ord Amend Ch 194-Food Stores LEG
1572- 90. Scanlon Waive Event Fees for Use of South Park Lake-Father
Baker’s Father’s Day APP
1573- 91. Scanlon Waive Event Fees-Use of Tosh Collins CC-
Train Electrical Inspectors APP
1574- 91A. Wingo Waive Park Rental and Special Event Fees for Various Events APP
1575- 92. Wyatt Tenant Notification of Change in Property Management LEG
1576- 93. Wyatt Comm of Deeds ADOPT
District Announcements
Adjournment
TABLE ITEMS
16-1286 May 24 Local Law Intro# 1-Article 24 Officers and Employees_APP 06/14 SS
SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS
CIVIL SERVICE
1517- 1. 16-1300 Com June 7 Appoint Supervising Auditor(Perm)(Max)(Rusnak)(Compt) APP
1518- 2. 16-1324 Com June 7 Appoint Police Captain(Temp)(Wright)(Pol) APP
1519- 3. 16-1325 Com June 7 Appoint Police Lieutenants(Perm)(Smith, Nigrelli)(Pol) APP
1520- 4. 16-1326 Com June 7 Appoint Police Lieutenants(Cont Perm)(Barczak,
Stover-Kelly, Sullivan)(Pol) APP
1521- 5. 16-1327 Com June 7 Appoint Detectives(Perm)(Kross, Barnes, Paszkiewicz,
Mordino, Shea)(Pol) APP
nd
1522- 6. 16-1328 Com June Appoint Laborer II(Perm)(2 Step)(Gorden-Reed)(Pol) APP
1523- 7. 16-1334 Com June 7 Appoint Clerk Spanish Speaking(Prov)(Second Step)(Calcano)(Pol) APP
1524- 8. 16-1335 Com June 7 Notices of Appointments-Temp/Prov/Perm(Cty Clk) R&F
1525- 9. 15-2424 Com Dec 8 Appoint Communication & Community Relations Asst
Coord(Linstedt)(Mayor) RECOMMIT
1526- 10. 15-896 Res Apr 28 Create Civil Service Residency Inspector Position
(exc res’s)(Scanlon,etc) RECOMMIT
1527- 11. 15-375 No Feb 17 D. Pridgen-Letter Concerning Cariole Horne(#14-1610 7/22) RECOMMIT
1528- 12. 14-2536 No Dec 23 D. Pridgen-C. Horne-Statement Regarding Injury While on Duty RECOMMIT
1529- 13. 14-2537 No Dec 23 D. Pridgen-Letters of Support for C. Horne RECOMMIT
1530- 14. 14-1209 No Dec 9 Review of 2006 Police Incident (CCP #2, SS 07/08/2014)(SS) RECOMMIT
FINANCE
1531- 15. 16-703 Com Mar 29 Request for Detailed Report on BMHA Money Owed to the City(CP) R&F
1532- 16. 16-704 Com Mar 29 Request for Information on Money Owed(CP) R&F
COMMUNITY DEVELOPMENT
1533- 17. 16-1295 Com June 7 2016 Annual Action Plan(Strat Plan) RECOMMIT
1534- 18. 16-1297 Com June 7 Permission to Designate Developer 201 Ellicott St(Ell)(Strat Plan) APP
LEGISLATION
1535- 19. 16-1331 Com June 7 Property Manager License-266 Elmwood(Ell)(EDPI) APP
1536- 20. 16-1349 No June 7 A. Mohammad, Owner, Use 3178 Bailey to Convert an Existing Tavern to a
Deli/Take Out/Ice Cream Shop & Store(Univ)(hrg 6/14) APP
1537- 21. 16-1352 No June 7 J. Wilcox, Agent, Use 1306 Hertel, To Replace an Existing Sign
(Del)(hrg 6/14) APP
1538- 22. 16-1353 No June 7 D. Warfe, Owner, 523 Main for an Outdoor Café in the Front of an
Existing Restaurant on the ROW(Ell)(no hrg) APP
1539- 23. 16-1415 Res June 7 Ord Amend-Ch 16 Finance-Claims(Pridgen) APP
1540- 24. 16-1416 Res June 7 Ord Amend-Ch 511 Zoning-Gates Circle Special Zoning District)(Pridgen) R&F
1541- 25. 16-1390 No June 7 M. Romanowski, Agent, Rezone 854 Ellicott From a Mixed R3 & CM to a
CM(Ell)(hrg 5/31)(16-1223, 5/24) APP
1542- 26. 16-1399 No June 7 M. Sutton, Agent, Rezone R2 to C2 – 23,25,29,31 Kilhoffer and
10,14 Zenner for Construction of Retail Bldg & Parking for 30 Vehicles
(hrg 5/31)(Fill)(#16-1086,5/10) APP
1543- 27. 16-1400 No June 7 Create Special Zoning District for Gates Circle(Pridgen)(#16-1003,4/26) R&F
1544- 28. 16-1208 Com May 24 Property Manager License Jacob Lea-Kelly-140 Linwood(Ell)(EDPI) APP
1545- 29. 16-1081 No May 10 T. Vaeth, Agent, Use 1176 South Park to Erect a 2 Story Masonry
Office/Retail (With Drive Through) Building at Vacant Land in the Bflo
Coastal Dist(hrg 5/17)(Lov) APP
1546- 30. 16-962 No Apr 26 L. Brandon, Agent, Use 975 Fuhrmann Blvd to Erect a 23 Story Mixed
Use Building(South)(Hrg 5/17) APP
1547- 31. 16-754 No Mar 29 J. Reinhart, Agent, Use 742 Delaware for a Ground Sign in a R5 Zoning
District(Ell)(hrg 4/5) R&F
1548- 32. 16-528 Res Mar 1 Prohibit Use of Signature Stamp on Payroll Documents(exc res)(Pridgen) R&F
1549- 33. 16-96 Com Jan 19 Used Car Dealer-1 Rex(Masten)(EDPI) APP
1550- 34. 16-108 No Jan 19 A. Giacalone-Green Code and McCarley Gardens R&F
1551- 35. 15-2256 Com Nov 10 Used Car Dealer-1625 Fillmore(Masten)(EDPI) DENY
1552- 36. 15-1982 No Sept 29 Food Store(New) 950 E. Ferry(Mas)(EDPI
(#14-562,3/18)(#14-2031,9/30) APP W/COND
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY JUNE 21, 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 June 7 2016 were approved
NO. 1428
FELICITATIONS/IN MEMORIAM
Attached hereto are In Memoriam Resolutions sponsored by Members of the Common Council as indicated:
Felicitations for Da'varon Rashad Jordan
By All Councilmembers
In Memoriam for Sadie Palmer
By Councilmember Wingo, Sr.
In Memoriam for Myra Moses
By Councilmember Wyatt
In Memoriam for Judith Parker
By Councilmember Golombek
In Memoriam for Robert Wright
By Councilmember Golombek
In Memoriam for Joseph Ryan
By Councilmembers Golombek, Franczyk
In Memoriam for Joseph O'Neil
By Councilmember Scanlon
In Memoriam for Hank Nikonowicz
By Councilmember Franczyk
In Memoriam for Nyree Anderson
By Councilmember Pridgen
In Memoriam for All Service Men & Women and Civilians who gave their life fighting for
the freedom of others
By Councilmember Pridgen
ADOPTED
FROM THE MAYOR
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
NO. 1429
SEQRA NOTICE OF DETERMINATION
NON SIGNIFICANCE NEGATIVE DECLARATION
1756 GENESEE
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: Dollar General
Location: 1756 Genesee Street, Buffalo, NY
Type of Action: Coordinated - Unlisted
Description: The Action involves the construction of a new one story retail building (7,500 square feet) with a total of 30 new parking
spaces. The site will have 38% pervious surface. The site will have access to Genesee Street via a new curb cut.
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 new building will not have any significant adverse environmental impacts.
The project will not have a significant impact on air quality although the use will include heating and cooling units. This is not a significant
impact and would not require an air permit.
There will be a small increase in the amount of impervious surfaces associated with this expansion, however the increase is minor and
approximately 38% of the site will remain previous.
The project will not have a substantial adverse change in existing traffic levels. The project is located ia developed urban area and is not
n
likely to significantly increase traffic. The project site is also served by public transportation.
The project will not have a substantial adverse change in noise levels. The retail building is similar to the existing character of the area
which is located on a commercial street.
The project will not have a substantial increase in solid waste production. The use of the site as retail will not significantly increase waste.
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 ah-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 is consistent with the community's current plans and goals, including the development of retail space in the project area. No
adverse impact is anticipated.
The project will not impact the character and quality of a historic resource and is consistent with the existing community and
neighborhood character. No adverse impact is anticipated.
The project will not result in a major change in the quantity or type of energy used.
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, no one 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, AICP, Director of Planning, Room 901 City Hall,
Buffalo, New York 14202, (716) 852-5029
Dated: June 13, 2016
Applicant involved Agencies, City Clerk NYSDOT
ADOPTED
NO. 1430
NO. 1429SEQRANOTICEOF DETERMINATION
NON SIGNIFICANCE NEGATIVE DECLARATION
1176 SOUTH PARK
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 SEO, R, the Lead Agency has reviewed the following action as it relates to the environment:
Action Title: Danforth Commercial Development
Location: 1176 South Park Avenue, Buffalo, NY
Type of Action: Type 1, Coordinated
Description: The Action involves the construction of a new two story 18,000 square foot commercial building located at 1176 South Park
Avenue. Retail uses (3 tenant spaces) will be located on the first floor and office space will be located on the second floor with a total of
59 parking spaces.
The lot size is 60,919 square feet (sub parcel 2 of 473,408 square foot overall site) and will have 26% site landscaping. The site will have
access to South Park Avenue via an existing access drive that serves the warehouse behind the project site.
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 although the use will include heating and cooling units. This is not a significant
impact and would not require an air permit.
There will be a small increase in the amount of impervious surfaces associated with this project, however the increase is minor and
approximately 26% of the site will remain previous.
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 changin noise levels. The surrounding areas are primarily commercial and industrial
e
purposes. The use of this site as commercial will not have a substantial increase in noise levels.
The use of the site for commercial uses will not substantially increase solid waste generation.
There will be no increase in potential for erosion, flooding, leaching, or drainage problems, the project will not increase impervious
surfaces and is not adjacent to a waterbody or floodplain
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 construction of the new commercial structure will not create material conflict with Community's current plan or goals as officially
adopted. These actions are specifically supported by Community plans.
The project will not impair character or quality of important historical, archeological, architectural, or aesthetic resources or of existing
community or neighborhood character. No adverse impact is anticipated. Additionally, SHPO provided a letter determine no adverse
impacts were anticipated.
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
vacant land, however, these impacts would not be significant.
The project will not create a hazard to human health. Remediation work at the project site is ongoing under the NYSDEC's Brownfield
Cleanup Program and will adhere to required remediation standards. No environmental hazards Will be introduced from the new
commercial use.
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 24202, (716)852-5029,
Dated: May 32, 2016
ADOPTED
NO. 1431
STATE ENVIRONMENTAL QUALITY REVIEW ACT DETERMINATION OF SIGNIFICANCE-340 BIRD(NIA)
This notice is issued by the City of Buffalo ("the City") Planning Board (the "Planning Board") in a Coordinated Environmental Impact
Review pursuant to and in accordance with Article 8 of the New York State Environmental Conservation Law and the regulations
promulgated under Article 8 and set forth at Part 617 of Title 6 of the New York Code of Rules and Regulations (collectively, "SEQRA").
The Planning Board has determined that the proposal by 340 Bird Avenue Inc. ("Applicant"), pursuant to§ 511-137 et seq. of the Charter
and Code of the City of Buffalo (the "Code") and New York General City Law § 27-a, to convert an existing vacant church into 12
residential units ("Project") as described herein, will not have any significant adverse impact on the environment; that a Negative
Declaration pursuant to SEQRA should be issued; and that no Environmental Impact Statement need be prepared for this specific
project.
Reasons supporting this determination are fully explained below.
Project Name: 340 Bird Avenue Apartments
SEQRA Status: Type I: Unlisted: X
Affected Parcel 340 Bird Avenue
Tax Parcel ID: 88.68-2-22.1
Buffalo, New York 14213
Landowner 340 Bird Avenue Inc
Zoning District: R2 Dwelling District
Project Description: Bird Avenue Apartments is the proposed conversion of a century-old vacant church into 12 apartment units. The
renovations will primarily be on the interior of the building in an effort to preserve the exterior elevations and reestablish the church as an
integral part of the neighborhood. New windows will be installed in the building to meet energy efficiency code requirements, and a few
window openings will be lowered to allow for direct exterior access to each unit. New openings will be made on the west and north
elevations of the church, but neither of those elevations faces the street. Each unit will have exterior-only access in an effort to create a
residential feel for the houses surrounding the church.
ADOPTED
NO 1432
STATE ENVIRONMENTAL QUALITY REVIEW ACT
DETERMINATION OF SIGNIFICANCE-854 ELLICOTT
This notice is issued by the City of Buffalo ("the City") Planning Board (the "Planning Board") in a Coordinated Environmental Impact
Review pursuant to and in accordance with Article 8 of the New York State Environmental Conservation Law and the regulations
promulgated under Article 8 and set forth at Part 617 of Title 6 of the New York Code of Rules and Regulations (collectively, "SEQRA").
The Planning Board has determined that the proposal by Buffalo Niagara Medical Campus, Inc. (the "Applicant") to construct an 1,850-
space parking garage at 854 Ellicott Street in the City of Buffalo, New York. (the "Site") as described herein, will not have any significant
adverse impact on the environment; that a Negative Declaration pursuant to SEQRA should be issued; and that no Environmental Impact
Statement need be prepared.
Reasons supporting this determination are fully explained below.
Project Name: Ellicott-Goodrich Garage
SEQRA Status: Type I Action
Affected Parcel: 854 Ellicott
Buffalo, NY
Parcel ID 100.71-5-2.11
Landowner: Buffalo Niagara Medical Campus Inc
Zoning District: CM-Commercial and R3-Dwelling District
Project Description: The Project involves the construction of a new parking facility anticipated to provide approximately 1,850 spaces, a
net gain of 950 parking spaces (the "Project"). The proposed parking structure will accommodate parking demand needs of patients,
visitors, students, faculty, staff and valet storage. The primary focus of the ramp will be accommodating the parking needs of patients and
visitors to both the Gates Vascular Institute, Oishei Children's Hospital, and the University of Buffalo Jacobs School of Medicine and
Biomedical Sciences.
The Applicant is seeking Site Plan Approval, Height Variance and Rezoning for the Project.
ADOPTED
NO. 1433
STATE ENVIRONMENTAL QUALITY REVIEW ACT
DETERMINATION OF SIGNIFICANCE-975 FUHRMANN
This notice is issued by the City of Buffalo ("the City") Planning Board (the "Planning Board") in a Coordinated Environmental Impact
Review pursuant to and in accordance with Article 8 of the New York State Environmental Conservation Law and the regulations
promulgated under Article 8 and set forth at Part 617 of Title 6 of the New York Code of Rules and Regulations (collectively, "SEQRA").
The Planning Board has determined that the proposal by Queen City Landing LLC (the "Applicant") to redevelop a - 8 acre portion of the
existing property comprised of 975 and 1005 Fuhrmann Blvd. (the "Site") as described herein, will not have any significant adverse impact
on the environment; that a Negative Declaration pursuant to SEQRA should be issued; and that no Environmental Impact Statement need
be prepared.
Reasons supporting this determination are fully explained below.
Project Name: Queen City Landing
SEQRA Status: Type I Pursuant to 168-4(B)(9) of the Charter & Code of the City of
Buffalo (“Code”)
Affected Parcels: 975 Fuhrmann Blvd
1005 Fuhrmann Blvd 132.06-1-1.2
Buffalo, NY
Landowners: Queen City Landing LLC
Zoning District: CM (Commercial District)
Project Description: Queen City Landing is a private redevelopment effort on the site of the former Freezer Queen complex. The property
lies along Buffalo's Outer Harbor, just north of the Small Boat Harbor. Redevelopment will include demolition of the existing 6-story
building and construction of a new, 23-story building with a restaurant(s), fitness area, covered parking areas for residents, surface
parking for visitors and an extension of the public bike path providing public waterfront access. The main level and 5th level of the building
will house a mix of restaurant, commercial and fitness center tenants, and the remaining floors will be comprised of one and two-bedroom
luxury apartments totaling approximately 198 units.
The Applicant is seeking Site Plan Approval, Preliminary Subdivision Approval, Demolition Approval and a Restricted Use Permit for the
Project.
ADOPTED
FROM THE OFFICE OF STRATEGIC PLANNING
NO. 1434
ABANDONMENT AND SALE OF BETWEEN RHODE ISLAND AND MASSACHUSETTS
AND NINETEENTH AND CHENANGO STREETS
NIAGARA DISTRICT
The Office of Strategic Planning, Division of Real Estate, has received a request from a number of property owners that adjoin the above
referenced Alley requesting permission to purchase that portion of the Alley adjacent to the property they currently own.
The Office of Strategic Planning, Land Use Planning Committee, Department of Public Works, Parks & Streets and Buffalo Sewer
Authority have indicated that they have no objections to the abandonment and sale of the above referenced alley providing the entire alley
be transferred all on the same day to avoid creating a landlocked parcel of land remaining in the City's name. The only exception will be
with Mr. Galvin because his property is at the other end of the Alley and will not result in a landlocked parcel of land if sold to him.
The Alley would be sold as follows:
1. The owner of 41 & 49 Massachusetts, Joseph R. Galvin would purchase the portion of the Alley running behind 41,45 & 49 Nineteenth
Street (approximately 83 x 12 and a piece 10 x 10 for a total of 1,096 sq. ft. for of $876.00.
2. The owner of 72 Chenango, Margaret Dagonese would purchase a 30 x 6' parcel behind her home in the amount of $144.00.
3. The owner of 68 Chenango, MJM Buffalo Holdings LLC would purchase would purchase approximately a 53 x 6 and half of the 10 x 10
or approximately 368 sq. ft. parcel behind their property for $295.00.
4. The owner of 482 Rhode Island, Christina D'Angelo and Jane Marcotte 1would purchase 62 x 12 portion behind their
property for $595.00.
5. The owner of 474 & 476 Rhode Island; Westside Restoration LLC would purchase approximately 60 x 12 portion behind their property
for $576.00.
6. The owners of 15 & 19 Nineteenth Street, Holly Christiano would purchase 83 x 6 (498 sq. ft.) + a triangular portion 50 sq. ft. for a total
of 548 sq. ft. for $438.00.
The abandonment and sale of the Alley is conditioned upon the following conditions by all of the Buyers:
1. Providing there are no significant objections voiced or raised at or from the public hearing, published and held by the Common Council;
2. The City of Buffalo Planning Board is in agreement with the abandonment and sale of the subject Alley;
3. Each Buyer agrees to pay for their proportionate costs associated with any and all removal, relocation and/or decommissioning of any
utilities/facilities that should arise from the abandonment and sale of said Alley, if deemed necessary;
4. Each Buyer agrees to Sign a full Release and Indemnity Agreement releasing the City of Buffalo from any and all liability, said
document to be in form and substance acceptable to the City in the City's sole discretion,
5. Each Buyer agrees to provide any and all easements deemed necessary by the City of Buffalo's Corporation Counsel's Office.
6. Each Buyer agrees to and any other terms deemed necessary by the City of Buffalo Corporation Counsel's Office
7. The closing and transfer of title with all the Buyer's must occur simultaneously to avoid landlocking a portion of the alley. The only
exception would be Mr. Galvin, who will not landlock a parcel,
8. The official closing/abandonment of the Alley to be sold will not become effective until the deed from the City conveying title to the right
of way property to all Buyers is filed in the Erie County Clerk's Office.
9. All of the Buyer's purchasing a portion of the Alley have also agreed to pay for all costs associated with the abandonment and sale and
transfer of title including but not limited to ALTA Survey or a survey similar to such, legal descriptions of each parcel being conveyed to
each individual buyer, transfer tax, recording fees and cost to file the deed and any necessary easements
In accordance with Article 27.5 of the City Charter, Howard Schultz, Appraiser was commissioned to estimate the fair market value of the
Alley. Mr. Schultz determined the value was .80 per sq. ft. The City of Buffalo Appraisal Review Board reviewed the appraisal and
recommended the value established by the Appraiser.
All of the above mentioned Buyers have all agreed and are prepared to pay .80 per square foot for the portion of the Alley that will be
transferred to each one of them respectively. They have also agreed to pay for all costs associated with the abandonment and sale and
transfer of title including but not limited to transfer tax, recording fees and the cost to file the deed.
In accordance with the City Charter, the abandonment and closing of a street or right of way is a matter that is referable to the City of
Buffalo Planning Board for their review and recommendation.
Pursuant to City Code Chapter 168-5(B) (8). The City of Buffalo's environmental review ordinance exempts the sale of city property,
under 50 acres, from SEQR review by designating it a Type 2 Action.
The Office of Strategic Planning, Division of Real Estate respectfully hereby recommends that Your Honorable Body approve the
proposed abandonment and sale of the Alley located between Massachusetts and Rhode Island and Chenango and Nineteenth Streets
for $.80 per sq. ft.as follows:
1. The owner of 41 & 49 Massachusetts, Joseph R. Galvin would purchase the portion of the Alley running behind 41, 45 & 49
Nineteenth Street (approximately 83 x 12 and a piece 10 x 10) for a total of 1,096 sq. ft. for of $876.00.
2. The owner of 72 Chenango, Margaret Dagonese would purchase a 30 x 6' parcel behind her home in the amount of $144.00.
3. The owner of 68 Chenango, MJM Buffalo Holdings LLC would purchase would purchase approximately a 53 x 6 and half of the 10 x 10
or approximately 368 sq. ft. parcel behind their property for $295.00.
4. The owner of 482 Rhode Island, Christina D'Angelo and Jane Marcotte would purchase 62 x 12 portion behind their property for
$595.00.
5. The owner of 474 & 476 Rhode Island, Westside Restoration LLC would purchase approximately 60 x 12 portion behind their property
for $576.00.
6. The owners of 15 & 19 Nineteenth Street, Holly Christiano would purchase 83 x 6 (498 sq. ft.) + a triangular portion 50 sq. ft. for a total
of 548 sq. ft. for $438.00.
The Office of Strategic Planning, Division of Real Estate respectfully hereby recommends that Your Honorable Body approve the
proposed abandonment and sale of the Alley located between Massachusetts and Rhode Island and Chenango and Nineteenth Streets
for .80 per square foot providing the following terms and conditions are satisfied:
1. Your Honorable Body refer this matter to the City of Buffalo Planning Board and providing that the Planning Board recommends and
approves the abandonment and sale of the Alley located between Massachusetts and Rhode Island and Chenango and Nineteenth
Streets
2. In accordance with standard street abandonment procedures, it will be necessary for Your Honorable Body to set a date for a public
hearing and to direct the publication of a five (5) day notice of said hearing to be marked "Notice of Hearing" Said hearing shall be
conducted at 2:00 P.M. in the Council Chambers on the 21st of June, 2016.RE: Abandonment and Sale of Alley Between
In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a
Resolution together with a Notice of Public Hearing for your action.
Forwarded separately but attached hereto are the following documents:
a. Resolution setting Public Hearing
b. Notice of Public Hearing
c. Resolution approving proposed transfer
3. Each Buyer agrees to pay for their proportionate costs associated with any and all removal, relocation and/or decommissioning of any
utilities/facilities that should arise from the abandonment and sale of said Alley, if deemed necessary;
4. Each Buyer agrees to Sign a full Release and Indemnity Agreement releasing the City of Buffalo from any and all liability, said
5. Each Buyer agrees to provide any and all easements deemed necessary by the City of Buffalo's Corporation Counsel's Office.
6. Each Buyer agrees to any and all other terms deemed necessary by the City of Buffalo Corporation Counsel's Office
7. The closings and transfer of titles with all the Buyer's must occur simultaneously to avoid landlocking a portion of the Alley the only
exception would be Mr. Galvin, who will not create a landlocked a parcel.
8. All of the Buyer's purchasing a portion of the Alley have also agreed to pay for all costs associated with the abandonment and sale and
transfer of title including but not limited to transfer tax, recording fees and cost to file the deed and any necessary easements
The official closing abandonment of the Alley to be sold will not become effective until the deed from the City conveying title to the right
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 1435
AMEND DESIGNATE DEVELOPER AGREEMENT BETWEEN THE CITY OF BUFFALO AND BUFFALO NEIGHBORHOOD
STABILIZATION COMPANY AS DEVELOPER FOR FORMER SCHOOL NO.77 LOCATED AT 429 PLYMOUTH A.K.A. 370
NORMAL (PROPERTY)
NIAGARA DISTRICT
Pursuant to Item N0.1881, C.C.P. 9/29/15 Your Honorable Body approved to designate Buffalo Neighborhood Stabilization Company
(BNSC) and/or a corporation, partnership, or other legal entity to be designated by BNSC and approved by the City of Buffalo, Office of
Strategic Planning.
The Office of Strategic Planning is requesting that the following terms in the designation be amended:
1. The designation period shall be amended from 12 months to 24 months from the date the Common Council first approved the
designation.
2. All other terms and conditions, pursuant to Item No. 1881, C.C.P. 9/29/15 shall remain the same.
The Developer was successful in obtaining Department of Housing and Community Renewal (DHCR) funding, which is the primary
reason for the extension. The Developer is proposing to convert the former school into a mixed use community hub to include
nd rd
approximately 30 housing units on the 2and 3floor and approximately 3,400 sq. ft. of community space and office space. BNSC will
seek users to provide recreation and youth services in the gymnasium, art organizations to run programming in the auditorium space and
other groups to run programs in available classrooms. BNSC is in partnership with PUSH Buffalo and they will utilize 5,000 sq. ft. of the
building for their offices. Additional space will be made available for nonprofit organizations and other businesses serving the community.
The City of Buffalo may terminate this designation should the Developer fail to meet any of the deadlines set forth above and the terms
outlined in Item No. 1881, C.C.P. 9/29/15. Should the City elect to terminate this designation on or before the end of the designation
period for failure by the Developer to comply with the above conditions, the City will give written notice to the Developer via certified mail
and allow the Developer seventy-two (72) hours to cure.
The designation will expire 24months from the date the Common Council approved the original designation.
I am requesting that your Honorable Body amend the terms of the designation to BNSC (and/or a corporation, partnership, or other legal
entity to be designated by Developer and approved by the Office of Strategic Planning) as mentioned above; authorize the Corporation
Counsel's Office to prepare the necessary agreements for the development of the Property; and forward to the Common Council for final
approval agreements for the transfer of title.
Mr. Rivera moved:
That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated June 13,
2016, be received and filed; and
That the Common Council hereby amends the terms of the designation to Buffalo Neighborhood Stabilization Company (BNSC) and/or a
corporation, partnership, or other legal entity to be designated by BNSC and approved by the Office of Strategic Planning ("Developer") of
former School No. 77, located at 429 Plymouth a/k/a 370 Normal (the "Property") as follows:
1. The designation period shall be amended from twelve (12) months to twenty-four (24) months from the date the Common Council first
approved the designation; and
2. All other terms and conditions, pursuant to Item No. 1881, C.C.P., 9/29/15 shall remain the same; and
That the Common Council hereby authorizes the City of Buffalo to terminate this designation should the Developer fail to meet any of the
deadlines set forth above and the terms outline in Item No. 1881, C.C.P., 9/29/15. Should the City elect to terminate this designation on or
before the end of the designation period for failure by the Developer to comply with the above conditions, the City will give written notice to
the Developer via certified mail and allow the Developer seventy-two (72) hours to cure. The designation will expire twenty-four (24)
months from the date the Common Council approved the original designation.
That the Common Council hereby authorizes the Corporation Counsel's Office to prepare the necessary agreements for the development
of the Property; and forward to the Common Council for final approval agreements for the transfer of title.
PASSED
AYES -9 NOES - 0
NO. 1436
GREATER BUFFALO TO SUPPORT A LEAD POISONING PREVENTION INITIATIVES IN THE CITY OF BUFFALO
As part of the City of Buffalo's recently announced Lead Hazard Control Program, the Office of Strategic Planning is requesting
permission to enter into a contract for $55,013 with the Community Foundation of Greater Buffalo (CFGB) to support the Wipe Out Lead
program. The CFGB plays a unique role locally as the convening entity for the many government and community partners focused on
preventing lead poisoning. CFGB's Wipe Out Lead program is also coordinated with the larger Green & Healthy Homes Initiative, which
CFGB also oversees. Working within the framework of these on-going initiatives, the City has the potential to make a more significant
impact on lead concerns.
The money will be dedicated to strengthening the current Wipe Out Lead program and educating Buffalo residents and property owners
about the dangers of lead. CFGB will continue to coordinate the expenditure of these funds with the Administration and this Honorable
Body.
The Office of Strategic Planning is requesting that Your Honorable Body:
1. Give permission for the Office of Strategic Planning to enter into a contract with the Community Foundation for Greater Buffalo
granting an amount not to exceed $55,013 for the above specified purposes.
2. Authorize the Executive Director of the City of Buffalo's Office of Strategic Planning and/or other appropriate City staff to take all such
steps and actions and to execute and/or process such additional documentation, agreements and/or modifications, amendments thereto
as shall be necessary to facilitate the contract.
Mr. Rivera moved:
That the above item be, and the above communication from the Executive Director of the Office of Strategic Planning, dated June 16,
2016, be received and filed;
That the Common Council hereby authorizes the Executive Director of the Office of Strategic Planning to enter into a contract in the
amount of $55,013.00 with the Community Foundation for Greater Buffalo to support the Wipe Out Lead Program, which focuses on
preventing lead poisoning; and
That the Common Council hereby authorizes the Executive Director of the Office of Strategic Planning and/or other appropriate City staff
to take all such steps and actions and to execute and/or process such additional documentation, agreements and/or modifications,
amendments thereto as shall be necessary to facilitate the contract.
PASSED
AYES - 9 NOES - 0
NO. 1437
PERMISSION TO DESIGNATE DEVELOPER
PORTION OF 240 KENSINGTON
NORTH SIDE 35' WEST OF PAULINE
LOT SIZE: 289.61 X 984
ASSESSED VALUE: $134,000
MASTEN DISTRICT
The City of Buffalo Office of Strategic Planning, Division of Real Estate ("Office of Real Estate") has received a request from Creative
Structures Services, Mr. David Pawlik on behalf of himself and Nick Sinatra of Sinatra & Company ("Developer"), with a mailing address
of 1659 Amherst Street, Suite 100, Buffalo, New York 14214 to purchase the above captioned Property.
The Developer intends to construct Forty (40) one (1) and two (2) bedroom units and a community room on approximately 2.5 acres of
land. The Developer has submitted a preliminary site plan, elevations and floor plan for the proposed 40 unit project. The total project cost
estimates are $5,600,000. Funding for the project is as follows:
HOME FUNDS $1,200,000
EQUITY $ 400,000
BANK OF CASTLE $4,000,000 (Note $800,000 of the $4,000,000 is for site and Brownfield Remediation and the remaining $3,200,000
will be permanent financing.)
Funding for this project will be private conventional financing through Northwest Savings Bank with the exception of 1 Million Dollars
Brownfield funding and the potential HOME FUNDS.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of
Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the
purchaser.
The Office of Strategic Planning, Division of Real Estate, respectfully requests that Your Honorable Body designate 240 Kensington LLC
as the Developer, and/or a corporation, partnership, or other legal entity to be designated by 240 Kensington, LLC and approved by the
City of Buffalo Office of Strategic Planning as Developer of the property subject to but not limited to the following terms and conditions:
a. The designation will expire twelve (12) months from the date the Common Council approves the designation.
b. Payment of a designation fee of Five Hundred Dollars ($500.00) per month ("Designation Fee") by Developer to the Office of Real
Estate, payable within five (5) days from the date of Common Council approval of the designation and due thereafter by the first (1st) day
of every month.
c. In the event the Developer shall decide to move forward and take subsequent steps to formally acquire the Property pursuant to the
LDA to be negotiated by Developer and the City, said Designation Fee shall be applied as a credit towards the Purchase Price. In the
event Developer shall not proceed with the acquisition of the Property within the designation period or in the event a mutually satisfactory
Contract of Sale/LDA cannot be agreed upon, Developer shall forfeit all fees paid on account and the City shall retain all such fees, and
the Developer shall have no further rights with respect to the Property.
d. The successful negotiation of an LDA for approval by the Common Council no later than twelve (12) months from the date the
Common Council approves the designation.
e. Submission by the Developer of a detailed site plan of the Project for approval by the City of Buffalo Planning Board (if necessary) and
construction plans, including landscaping and a breakdown of estimated total Project costs, for review and approval by the City of Buffalo.
f. Said plans shall also be in accordance with the Zoning Ordinance of the City of Buffalo.
g. Submission of a colored rendering of the Project suitable for presentation to the Common Council which shall be submitted by the
Developer to the Office of Strategic Planning, Division of Real Estate, prior to entering a contract of sale and prior to Common Council
approval of a Land Disposition Agreement ("LDA").
h. Individuals and/or corporations are ineligible for designation if they have outstanding taxes, water bills, parking tickets, user fee and/or
demolition liens or any other liens or debts owed to the City of Buffalo, or if code violations exist on any property owned by them.
i. The Developer, or an entity to be designated by the Developer and approved by the City of Buffalo, Office of Strategic Planning, must
sign an Environmental Release and Indemnification Agreement releasing the City of Buffalo from any and all liability, said document to be
in form and substance acceptable to the City in the City's (City's Department of Strategic Planning) sole discretion.
j. The Developer, or an entity to be designated, to provide, if necessary, the City of Buffalo, Office of Strategic Planning agrees to provide
the City of Buffalo and any and all other effected utility companies with any easements, rights and access arrangements that may be
necessary, satisfactory to the City (City's Division of Real Estate, Department of Public Works and the Corporation Counsel) and the
other effected utility companies in their sole discretion;
k. The Purchase Price was established in accordance with Article 27 of the City Charter. The Developer commissioned KLW Appraisal
Group, LLC,
Mr. Gregory C. Klauk. Appraiser and he has estimated the value of the 2.5 acres to be One Hundred Forty-Five Thousand Six Hundred
Dollars ($145,600.00). The appraisal report was submitted to the City of Buffalo Appraisal Review Board at their meeting of September
10, 2015 and they concurred with the appraiser's estimate of value. The Developer has agreed and is prepared to pay One Hundred
Forty-Five Thousand Six Hundred Dollars ($145,600.00) for an approximately 2.5 acre portion of 240 Kensington. Your Honorable Body
approved the purchase price in the amount of One Hundred Forty-Five Thousand Six Hundred Dollars ($145,600.00), pursuant to Item
No. 2142, C.C.P. October 27, 2015.
l. Upon signing of the Contract of Sale/LDA there shall be a payment by the Developer to the City's Division of Real Estate, a non-
refundable deposit in the amount of ten percent (10%) of the to be agreed upon Purchase Price.
m. Submission of monthly progress reports by the Developer to the Office of Strategic Planning, Division of Real Estate, by the fifth (5th)
of each month, beginning in the month following this designation.
n. Submission by the Developer to the Office of Real Estate of evidence of equity capital and mortgage financing necessary for the
completion of the Project which shall be submitted prior to closing.
o. The designation and the Contract of Sale/LDA shall be subject to any and all other terms and conditions that the City of Buffalo
Corporation Counsel's Office deems necessary.
p. Developer is responsible for performing soil borings and soil investigations and any other tests, investigations, or surveys consistent
with, and subject to, prior execution and compliance with Access, Indemnification and Insurance Agreement(s), by each and every
Contractor hired by Developer that will access the Property, for the purpose of determining, to Developer's satisfaction, the suitability of
the Property for Developer's intended use, and/or the presence or absence of hazardous substances as such term is used in the
Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 USC ss 9601 et seq.; the Hazardous
Materials Transportation Act, as amended, 49 USC ss 1801 et seq.; the Resource Conservation and Recovery Act, as amended, 42 USC
ss 6901 et seq.; Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law,
regulation, rule, ordinance, by-law, policy guidance, procedure, interpretation, decision, order, or directive, existing as of the date hereof,
whether previously enforced or subsequently enacted. The Access Agreement and evidence of insurance saving the City of Buffalo
harmless from any and all liability must be approved as to form by City of Buffalo's Corporation Counsel's Office and signed by the City of
Buffalo prior to any and all contractors accessing the Property.
q. The City of Buffalo may terminate the designation should the Developer fail to meet any of the deadlines set forth above. Should the
City elect to terminate this designation on or before the end of the designation period for failure by the Developer to comply with the above
conditions, the City will give written notice to the Developer via certified mail and allow the Developer two (2) weeks to cure.
I am requesting that your Honorable Body approve the designation of 240 Kensington, LLC, with a mailing address of c/o Creative
Structures, 1659 Amherst, Suite 100, Buffalo, New York 14214 and/or a corporation, partnership, or other legal entity to be designated by
Developer and approved by the Office of Strategic Planning as Developer of a portion of 240 Kensington consisting of 2.5 acres on the
above terms and conditions. I am further requesting that Your Honorable Body authorize the Corporation Counsel's Office to prepare the
necessary Contract of Sale/LDA for the conveyance of the Property to the Developer for the development of the Project on the Property;
and that the LDA be forwarded to the Common Council for final approval prior to the transfer of title.
REFERRED TO THE COMMITTEEON COMMUNITY DEVELOPMENT
NO. 1438
PERMISSION TO DESIGNATE DEVELOPER
SINATRA & COMPANY REAL ESTATE, LLC ("DEVELOPER") FOR 1140 JEFFERSON,
338 & 340 DODGE, 275 & 279 SOUTHAMPTON, 318, 322 & 326 NORTHAMPTON AND 197 EATON(THE "PROPERTY) FOR
MIXED USE DEVELOPMENT
ELLICOTT DISTRICT
The City of Buffalo Office of Strategic Planning, Division of Real Estate has received an application from Nicholas A. Sinatra, on behalf of
Sinatra & Company Real Estate, LLC (Developer), with a mailing address of 617 Main Street, Suite 350, Buffalo, NY 14203 to purchase
the above captioned Property.
The requested real estate is needed for a $20 million mixed use development that includes 84 residential housing units-and 7
retail/commercial spaces consisting of 10,000 square feet. The proposed redevelopment will be on Jefferson Avenue between Dodge and
Northampton Streets. The development team will consist of four partners: Sinatra & Company Real Estate, LLC; CSS Construction;
People Inc.; and Bellamy Enterprises, LLC.
The development team's primary goal for the commercial/retail spaces will be to recruit diverse firms, companies, and local/neighborhood
enterprises. Herbert Bellamy, Jr. of Bellamy Enterprises, LLC will lead the team's efforts in identifying, recruiting, and securing minority
enterprises for this venture, in collaboration with community stakeholders. Potential opportunities being explored are locally-owned
minority restaurants, an urgent care, hair salons, barber shops, and other light retail opportunities in support of neighborhood and
community-need. People, Inc. plans to open administrative offices in a portion of the commercial space. For the remainder of the
commercial space, Herbert Bellamy, Tim Sanders of Sanders Construction, Inc., and Cory Haqq of Urban Equity Management Group
LLC, will work continuously with neighborhood residents and leaders to identify said needs and tenants that meet those needs. Jennifer
Parker, an MNVBE company, will also be assisting with marketing and project promotion.
Each partner of the development team has a long track record of not only delivering real projects, but doing so with significant community
outreach. The development team is committed to ensuring community benefit in the enterprises derived as part of this project.
The development team is committing to construction and workforce goals of 25% MBE and 15% WBE, although the development team
aims to exceed these numbers. Additionally, approximately 30% of all new hires for contracts exceeding $100,000.00 will meet Federal
Section 3 requirements. As part of meeting these goals, during construction, CSS Construction plans to sponsor a new firm to be located
at the Beverly Gray Center.
The Developer will be pursuing funding for the project from the following sources: Office for Person with Developmental Disabilities; Low
Income Housing Credits; State Low Income Housing Credits; Middle Income Housing Program; NYS RESTORE NY; NYS Homes and
Community Renewal HCR; and the Community Investment Fund.
Depending on funding and community outreach, the development team plans on commencing construction in the Fall of 2016 with
completion in the Fall of 2017.
The Office of Strategic Planning respectfully requests that Your Honorable Body designate Sinatra & Company Real Estate, LLC and/or a
corporation, partnership or other legal entity to be designated by Sinatra & Company Real Estate, LLC as Developer and approved by the
City of Buffalo, Office of Strategic Planning as Developer of the Property subject to but not limited to the following terms and conditions:
a. The designation will expire twelve (12) months from the date the Common Council approves the designation.
b. Payment of a designation fee of One Thousand Dollars ($1,000.00) per month by Developer to the City, payable within five (5) days
from the date of Common Council Approval of the designation and due thereafter the first day of every month.
c. In addition to the designation fee the Developer will also be responsible for maintenance of the grounds in the form of snow removal,
grass cutting & cleaning (i.e. miscellaneous blowing of garbage, bottles, etc.).
d. In the event the Developer shall exercise its option to acquire said property pursuant to the Contract of Sale said Designation Fee shall
be applied as a credit towards the purchase price. In the event the Developer shall not proceed with the acquisition of the Property within
the designation period or in the event a mutually satisfactory LDA cannot be agreed upon, Developer shall forfeit all fees paid on account,
the City shall retain all such fees and the Developer shall have no further rights with respect to the Property.
e. The successful negotiation of an LDA for approval by the Common Council no later than twelve (12) months from the date the
Common Council approves the designation.
f. Submission by the Developer of a detailed site plan of the project for the. properties at 1140 Jefferson, 338 Dodge, 340 Dodge, 275
Southampton, 279 Southampton, 318 Northampton, 322 Northampton, 326 Northampton & 197 Eaton for approval by the City of Buffalo
Planning Board (if necessary) and construction plans, including landscaping and a breakdown of estimated total project costs, for review
and approval by the City.
g. Said plans shall also be in accordance with Article XXVIII of the Zoning Ordinance of the City of Buffalo.
h. Submission of a colored rendering of the Property suitable for presentation to the City of Buffalo Common Council which shall be
submitted by the Developer to the Office of Strategic Planning, Division of Real Estate, prior to entering a contract of sale and prior to
Common Council approval.
i. Individuals and or corporations having outstanding taxes, water bills, parking tickets, user fee and/or demolition liens or any other liens
owned to the City of Buffalo, or if code violations exist on any property owned by them will not be eligible for designation
j. That the Developer, or an entity to be designated by the Developer and approved by the City of Buffalo, Office of Strategic Planning,
agrees to sign a full Environmental Release and Indemnity Agreement releasing the City of Buffalo from any and all liability, said
documents to be in form and substance acceptable to the City in the City's sole discretion.
k. That the contract of sale will require that the Developer, or an entity to be designated by the Developer and approved by the City of
Buffalo, Office of Strategic Planning, agrees to provide the City of Buffalo and any and all other effected utility companies with any
easements, rights and access arrangements, that may be necessary, satisfactory to the City and the other effected utility companies in
their sold discretion.
l. The Purchase Price to be established in accordance with Article 27 of the City of Buffalo Charter. The purchase price of the Property
shall be based on a real estate appraisal to be obtained and paid for by the Developer ("Purchase Price"), which said appraised value is
subject to review and approval by the City of Buffalo Appraisal Review Board and approved by Your Honorable Body.
m. Upon signing of the contract for sale, there shall be a payment by the Developer to the City of Buffalo a non-refundable deposit, in the
amount of ten percent (10%) of the agreed upon Purchase Price.
th)
n. Submission of monthly progress reports by the Developer to the Office of Strategic Planning, Division of Real Estate by the fifth (5of
each month, beginning in the month following this designation.
o. Submission by the Developer to the Office of Strategic Planning, Division of Real Estate, of evidence of equity capital and mortgage
financing necessary for the completion of the project which shall be submitted prior to closing.
p. The designation and the contract of sale shall be subject to any and all other terms and conditions that the City of Buffalo Corporation
Counsel's Office deems necessary.
q. Developer is responsible for performing any soil borings and soil investigations and any other tests, investigations, or surveys
consistent with, and subject to execution and compliance with an Access, Indemnification and Insurance Agreement, by each and every
Contractor hired by Developer that will access the property, for the purpose of determining, to Developer's satisfaction, the suitability of
the Property for Developer's intended use, and/or the presence or absence of hazardous substances as such terms used in the
Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (C.E.R.C.L.A) 42 USC ss 9601 et seq.:
The Hazardous Materials Transportation Act, as amended, 49 USC ss 1801 et seq.: The Resource Conservation and Recovery Act, as
amended, 42 USC ss 6901 et seq.: Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state,
or local law, regulation, rule, ordinance, by-law, policy guidance, procedure, interpretation, decision, order, or directive, whether existing as
of the date hereof, previously enforced or subsequently enacted. The Access Agreement and evidence of insurance saving the City of
Buffalo harmless from any and all liability must be approved as to form by City of Buffalo's Corporation Counsel's Office and signed by
the City of Buffalo prior to any and all Contractor s accessing the Property.
r. That the Developer, or an entity to be designated by the Developer and approved by the City of Buffalo, Office of Strategic Planning,
has agreed to be committed to fulfilling the policies of the City in regard to non-discrimination and affirmative action.
s. That the Developer, or an entity to be designated by the Developer and approved by the City of Buffalo, Office of Strategic Planning has
agreed that all levels of the project will include the certified Minority and Women-Owned Business Enterprise participation.
t. That the Developer, or an entity to be designated by the Developer and approved by the City of Buffalo, Office of Strategic Planning has
agreed to use its best efforts to pursue a minority workforce goal of 25%, a woman workforce goal of 5%, a minority owned business
enterprise (MBE) utilization goal of 25% and a women owned business enterprise (WBE) utilization goal of 5% of the project construction
cost, to the extent that it is economically and technically feasible to do so.
u. That the Developer, or an entity to be designated by the Developer and approved by the City of Buffalo, Office of Strategic Planning
agrees to achieve or through business tenants of their project to give preference to persons residing within the limits of the City of Buffalo
when filling employment vacancies or hiring new employees, in accordance with the City's desire to promote development of business
within the City of Buffalo and or increase employment opportunities for Buffalo residents.
v. The City of Buffalo may terminate this designation should the Developer fail to meet any of the deadlines, terms and conditions set forth
above. Should the City elect to terminate this designation on or before the end of the designation period for failure by the Developer to
comply with the above conditions, the City will give written notice to the Developer via certified mail and allow the Redeveloper two (2)
weeks to cure.
I am requesting that your Honorable Body approve the designation of Sinatra & Company Real Estate, LLC with a mailing address of 617
Main Street, Suite 350, Buffalo, NY 14203, and/or a corporation, partnership, or other legal entity to be designated by Developer and
approved by the City of Buffalo, Office of Strategic Planning as Developer of the above referenced Property on the above terms and
conditions; authorize the Corporation Counsel's Office to prepare the necessary Contract of Sale/LDA and any other necessary
agreements for the development of the project on the Property; and that the Contract of Sale/LDA and purchase price be forwarded to the
Common Council for final approval prior to the transfer of title.
Mr. Rivera moved:
That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated June 21,
2016, be received and filed; and
That the Common Council hereby designates Nicholas A. Sinatra, on behalf of Sinatra & Company Real Estate, LLC and/or a
corporation, partnership or other legal entity to be designated by Sinatra & Company Real Estate, LLC, with a mailing address of 617
Main Street, Suite 350, Buffalo, New York 14203 (the "Developer") and approved by the City of Buffalo, Office of Strategic Planning, as
Developer of 1140 Jefferson, 338 and 340 Dodge, 275 and 279 Southampton, 318, 322, and 326 Northampton, and ! 97 Eaton (the
"Property"), for mixed use development, subject to but not limited to the following terms and conditions:
a. The designation wilt be in effect for twelve (12) months from the date the Common Council approves the designation.
b. Payment of a designation fee of One Thousand Dollars ($1,000.00) per month by Developer to the City, payable within five (5) days
from the date of the Common Council approval of the designation and due thereafter the first day of every month.
c. In addition to the designation fee, the Developer will also be responsible for maintenance of the grounds in the form of snow removal,
grass cutting and cleaning (i.e. miscellaneous blowing of garbage, bottles, etc.).
In the event the Developer shall exercise its option to acquire said property pursuant to the Contract of Sale, said Designation Fee shall be
applied as a credit towards the purchase price. In the event Developer shall not proceed with the acquisition of the Property within the
designation period or in the event a mutually satisfactory Land Disposition Agreement "(LDA") cannot be agreed upon, Developer shall
forfeit all fees pain on account, the City shall retain all such fees and the Developer shall have no further rights with respect to the
Property.
e. The successful negotiation of a LDA for approval by the Common Council no later than twelve (12) months from the date the Common
Council approves the designation.
f. Submission by the Developer of a detailed site plan of the project for the properties at 1140 Jefferson, 338 Dodge, 240 Dodge, 275
Southampton, 279 Southampton, 318 Northampton, 322 Northampton, 326 Northampton, and 197 Eaton for approval by the City of
Buffalo Planning Board (if necessary) and construction plans, including landscaping and a breakdown of estimated total project costs, for
review and approval by the City.
g. Said plans shall also be in accordance with Article XXVIII of the Zoning Ordinance of the City of Buffalo.
h. Submission of a colored rendering of the Project suitable for presentation to the City of Buffalo Common Council which shall be
submitted by the Developer to the Office of Strategic Planning, Division of Real Estate, prior to entering a Contract of Sale and prior to
Common Council approval.
i. Individuals and/or corporations having outstanding taxes, water bills, parking tickets, user feel and/or demolition liens or any other liens
owed to the City of Buffalo, or if code violations exist on any property owned by them will not be eligible for designation.
j. That the Developer, or an entity to be designated by the Developer and approved by the City of Buffalo Office of Strategic Planning,
agrees to sign a full Environmental Release and Indemnity Agreement releasing the City of Buffalo from any and all liability, said
documents to be in form and substance acceptable to the City in the City's sole discretion.
k. That the contract of sale will require that the Developer, or an entity to be designated by the Developer and approved by the City of
Buffalo, Office of Strategic Planning, agrees to provide the City of Buffalo and any and all other effected utility companies with any
easements, rights and access arrangements, that may be necessary, satisfactory to the City and the other effected utility companies in
their sole discretion.
l. The Purchase Price to be established in accordance with Article 27 of the City of Buffalo Charter. The purchase price of the Property
shall be based upon a real estate appraisal to be obtained and paid for by the Developer ("Purchase Price"), which said appraised value is
subject to review and approval by the City of Buffalo Appraisal Review Board and approval by the Common Council.
m. Upon signing the contract for sale, there shall be a payment by the Developer to the City of Buffalo a non-refundable deposit, in the
amount often percent (10%) of the agreed upon Purchase Price.
th)
n. Submission of monthly progress reports by the Developer to the Office of Strategic Planning, Division of Real Estate by the fifth (5of
each month, beginning in the month following this designation.
o. Submission by the Developer to the Office of Strategic Planning, Division of Real Estate, of evidence of equity capital and mortgage
financing necessary for the completion of the project which shall be submitted prior to closing.
p. The designation and the contract of sale shall be subject to any and all other terms and conditions that the City of Buffalo Corporation
Counsel's Office deems necessary.
q. Developer is responsible for performing soil borings and soil investigations and any other tests, investigations, or surveys consistent
with, and subject to, execution and compliance with an Access, Indemnification and Insurance Agreement, by each and every Contractor
hired by Developer that will access the Property, for the purpose of determining, to Developer's satisfaction, the suitability of the Property
for Developer's intend use, and/or the presence or absence of hazardous substances as such term is used in the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, as amended, (C.E.R.C.L.A.) 42 USC ss 9601 et seq.; the Hazardous
Materials Transportation Act, as amended, 49 USC ss 1801 et seq.; the Resource Conservation and Recovery Act, as amended, 42 USC
ss 6901 et seq.; Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state or local law,
regulation, rule, ordinance, by-law, policy guidance, procedure, interpretation, decision, order, rule or directive, whether existing as of the
date hereof, previously enforced or subsequently enacted. The Access Agreement and evidence of insurance saving the City of Buffalo
harmless from any and all liability must be approved as to form by the City of Buffalo's Corporation Counsel's Office and signed by the
City of Buffalo prior to any and all Contractors accessing the Property.
r. That the Developer, or an entity to be designated by the Developer and approved by the City of Buffalo, Office of Strategic Planning,
has agreed to be committed to fulfilling the policies of the City in regard to non-discrimination and affirmative action.
s. That the Developer, or an entity to be designated by the Developer and approved by the City of Buffalo, Office of Strategic Planning has
agreed that all levels of the project will include the certified Minority and Women-Owned Business Enterprise participation.
t. That the Developer, or an entity to be designated by the Developer and approved by the City of Buffalo, Office of Strategic Planning, has
agreed to use its best efforts to pursue a minority workforce goal of 25%, a woman workforce goal of 5%, a minority owned business
enterprise (MBE) utilization goal of 25% and a women owned business enterprise (WBE) utilization goal of 5% of the project construction
cost, to the extent that it is economically and technically feasible to do so.
u. That the Developer, or an entity to be designated by the Developer and approved by the City of Buffalo, Office of Strategic Planning
agrees to achieve or through business tenants of their project to give preference to persons residing within the limits of the City of Buffalo
when filling employment vacancies or hiring new employees, in accordance with the City's desire to promote development of business
within the City of Buffalo and/or increase employment opportunities for Buffalo residents.
v. The City of Buffalo may terminate this designation should the Developer fail to meet any of the deadlines, terms and conditions set forth
above. Should the City elect to terminate this designation on or before the end of the designation period for failure by the Developer to
comply with the above conditions, the City will give written notice to the Developer via certified mail and allow the Redeveloper two (2)
weeks to cure.
That the Common Council hereby approves the designation of Sinatra & Company Real Estate, LLC, with a mailing address of 617 Main
Street, Suite 350, Buffalo, New York 14203, and/or a corporation, partnership or other legal entity to be designated by the Developer and
approved by the City of Buffalo, as Developer of the above referenced Property on the above terms and conditions; and that the Common
Council hereby authorizes the Corporation Counsel's Office to prepare the necessary Contract of Sale/LDA and any other necessary
agreements for the development of the property on the Property; and that the Contract of Sale/LDA and purchase price be forwarded to
the Common Council for final approval prior to the transfer of title.
PASSED
AYES - 9 NOES – 0
NO. 1439
REPORT OF SALE
401 ADAMS - VACANT LOT
177' N BROADWAY
LOT SIZE: 50' X 106' ASSESSED VALUATION: $2,100 (ELLICOTT DISTRICT)
REPORT OF SALE
407 ADAMS - VACANT LOT
227' N BROADWAY
LOT SIZE: 25' X 106' ASSESSED VALUATION: $1,400 (ELLICOTT DISTRICT)
REPORT OF SALE
409 ADAMS - VACANT LOT
252' N BROADWAY
LOT SIZE: 25' X 106' ASSESSED VALUATION: $1,300 (ELLICOTT DISTRICT)
The Office of Strategic Planning, Division of Real Estate has received a request from Dr. Fadi Dagher and Roger Trettel, on behalf of DT
Capital, 5526 Via Marina, Williamsville, New York 14221 to purchase 401,407 & 409 Adams. They intend to use the lots for additional
parking for their adjacent commercial property.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of
Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the
purchaser.
An appraisal analysis performed by GAR Associates Inc.,, Inc., 2399 Sweet Home Road Amherst, N.Y. 14228, has estimated the market
value to be $5,800.00. DT Capital has agreed and is prepared to pay Five Thousand Eight Hundred Dollars ($5,800.00). They have also
agreed to pay for the cost of the transfer tax and recording fees.
I am recommending that Your Honorable Body approve the sale of 401,407 & 409 Adams Street to DT Capital in the amount of Five
Thousand Eight Hundred Dollars ($5,600).
1. DT Capital has agrees to bring the adjacent building they own at 642 Broadway into zoning and building code compliance.
2. DT Capital agrees to pay for all closing costs associated with the transfer of title including but not limited to transfer tax and recording
fees
3. DT Capital agrees to provide a signed full release and indemnity to the City of Buffalo as to environmental and other matters regarding
the property.
I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the
Mayor be authorized to execute the same.
REFERRED TO THE COMMTTEE ON COMMUNITY DEVELOPMENT
NO. 1440
REPORT OF SALE 421 FERRY EAST- VACANT LOT
86.75 E ROEHRER
LOT SIZE: 30' X 120'
ASSESSED VALUE: $2,700
(MASTEN DISTRICT)
REPORT OF SALE 425 FERRY EAST- VACANT LOT
66.47 W WOHLERS
LOT SIZE: 30.58' X 125'
ASSESSED VALUE: $3,400
(MASTEN DISTRICT)
The Office of Strategic Planning, Division of Real Estate has received a request from Seventh Day Church of God Outreach, of 394 West
Delavan Avenue, Buffalo, New York 14213 to purchase 421 and 425 East Ferry. Seventh Day Church of God Outreach would like to
purchase the lots for green space for outdoor events and activities for their existing Church located at 431 East Ferry.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of
Collections have no objections to the sale of these properties.
There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by
the Division of Real Estate showing similar sales in the area range from Thirty Five Cents ($0.35) to Eighty Cents ($0.80) per square foot.
Seventh Day Church of God Outreach has agreed and is prepared to pay Eighty Cents ($0.80) per square foot for the parcels for a total
of Six Thousand Five Hundred Dollars ($6,500) for the above referenced properties. They have also agreed to pay for the cost of the
transfer tax and recording fees.
I am recommending that Your Honorable Body approve the sale of 421 and 425 East Ferry for the amount of Six Thousand Five Hundred
Dollars ($6,500) to Seventh Day Church of God Outreach. I am further recommending that the Office of Strategic
Planning prepares the necessary documents for the transfer of title and that the Mayor be authorized to execute the same.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 1441
REPORT OF SALE - 2028 FILLMORE-VACANT LOT
244.9 S GESL
PORTION OF LOT SIZE 30 X 125'
ASSESSED VALUATION: $2,800
(MASTEN DISTRICT)
th
The Office of Strategic Planning, Division of Real Estate has received a request from Khazi M. Solaiman, 16640 89St. Apt 7C, Jamaica,
N.Y. 11432 to purchase 2028 Fillmore Ave. which is adjacent to his property at 2030 Fillmore Ave. Mr. Solaiman would like to purchase
the above referenced property in order to create more yard space.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of
Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the
purchaser.
A market analysis performed by the Division of Real Estate showing similar sales in the area range from Seventy Five Cents ($.75) to
One Dollar Forty Five Cents ($1.45) per square foot.
Mr. Solaiman has agreed and is prepared to pay Ninety Three Cents ($.93) per square foot for the parcel for a total of Three Thousand
Five Hundred Dollars ($3,500) for the above referenced property. He has also agreed to pay for the cost of the transfer tax and recording
fees.
I am recommending that Your Honorable Body approve the sale of 2028 Fillmore Ave in the amount of Three Thousand Five Hundred
Dollars ($3500) to Khazi M. Solaiman.
I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the
Mayor be authorized to execute the same.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT°
NO. 1442
REPORT OF SALE 18 GOODYEAR- SINGLE FAMILY
490 S EMPIRE
LOT SIZE: 30' X 97'
ASSESSED VALUE: $13,000
(FILLMORE DISTRICT)
The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Muzahid Ali, 408 Gibson, Buffalo, New York
14212 to purchase 18 Goodyear. Mr. Ali will renovate the dwelling for use as his primary residence.
He has estimated the cost of renovations to be Twenty Two Thousand Eight Hundred Dollars ($22,800) that has been reviewed by the
Division of Real Estate. Mr. All has provided proof of financial ability to complete the purchase and repair the property.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of
Collections have no objections to the sale of these properties.
There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser.
The property was appraised by KLW Group, Inc. to estimate the fair market value of 18 Goodyear Avenue. The Fair Market Value was
estimated to be Four Thousand Five Hundred Dollars ($4,500.00).
I am recommending that Your Honorable Body approve the sale of 249 Olympic for the amount of Three Thousand Eight Hundred Dollars
($3,800) to Mr. James. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer
of title and that the Mayor be authorized to execute the same.
Mr. Rivera moved:
That the above item be, and the above communication from Office of Strategic Planning, Division of Real Estate, dated June 16, 2016, be
received and flied;
That the offer from Mr. Muzahid Ali, 408 Gibson, Buffalo, New York 14212 in the amount of Three Thousand Eight Hundred Dollars
($3,800.00) for the purchase of 18 Goodyear be and hereby is accepted; and
That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and
That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be
authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted.
PASSED
AYES - 9 NOES -0
NO. 1443
REPORT OF SALE 20 KANE- VACANT LOT
157.75. N SYCAMORE
LOT SIZE: 57.25' X 100'
ASSESSED VALUE: $2,900
ELLICOTT DISTRICT)
The Office of Strategic Planning, Division of Real Estate has received a request from Rev. James and Zandra Lewis of 106 Rohr Street
Buffalo, NY 14211 to purchase 20 Kane Street. Rev. Lewis and Mrs. Lewis would like to purchase the lot for the construction of a Two
Thousand Two Hundred (2,200) square foot, single family residential home.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of
Collections have no objections to the sale of the property.
There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by
the Division of Real Estate showing similar sales in the area range from Forty-Five Cents ($.45) to Seventy-Five Cents ($.75) per square
foot.
Rev. Lewis and Mrs. Lewis have agreed and are prepared to pay Sixty-Six Cents ($.66) per square foot for the parcel for a total of Three
Thousand Eight Hundred Dollars ($3,800.00) for the above referenced property. They have also agreed to pay for the cost of the transfer
tax and recording fees.
I am recommending that Your Honorable Body approve the sale of 20 Kane Street for the amount of Three Thousand Eight Hundred
Dollars ($3,800.00) to Rev. James Lewis and Mrs. Zandra Lewis. I am further recommending that the Office of Strategic Planning
prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same.
Mr. Rivera moved:
That the above item be, and the above communication from Office of Strategic Planning, Division of Real Estate, dated June 16, 2016, be
received and filed;
That the offer from Rev. James and Zandra Lewis, 106 Rohr Street, Buffalo, New York 14211 in the amount of Three Thousand Eight
Hundred Dollars ($3,800.00) for the purchase of 20 Kane be and hereby is accepted; and
That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and
That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be
authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted.
PASSED
AYES -9 NOES - 0
NO. 1444
REPORT OF SALE 232 PENNSYLVANIA- VACANT LOT
75. SW FARGO
LOT SIZE: 10' X 35'
ASSESSED VALUE: $600
The Office of Strategic Planning, Division of Real Estate has received a request from Charles Militello of 90 Fargo Avenue Buffalo, NY
14210 to purchase 232 Pennsylvania Avenue. Mr. Militello would like to purchase the lot for access to the rear his adjacent rental property
located at 78 Fargo Street.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of
Collections have no objections to the sale of these properties.
There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by
the Division of Real Estate showing similar sales in the area range from Eighty Cents ($.80) to Two Dollars ($2.00) per square foot.
Mr. Militello has agreed and is prepared to pay Two Dollars ($2.00) per square foot for the parcel for a total of Seven Hundred Dollars
($700) for the above referenced property. He has also agreed to pay for the cost of the transfer tax and recording fees.
I am recommending that Your Honorable Body approve the sale of 232 Pennsylvania Avenue for the amount of Seven Hundred Dollars
($700) to Mr. Charles Militello. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the
transfer of title and that the Mayor be authorized to execute the same.
Mr. Rivera moved:
That the above item be, and the above communication from Office of Strategic Planning, Division of Real Estate, dated June 13, 2016, be
received and filed;
That the offer from Charles Militello of 90 Fargo Avenue, Buffalo, New York 14210 in the amount of Seven Hundred Dollars ($700.00) for
the purchase of 232 Pennsylvania be and hereby is accepted; and
That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and
That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be
authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted.
PASSED
AYES - 9 NOES - 0
NO. 1445
REPORT OF SALE - 162 ROYAL-VACANT LOT
465' E TONAWANDA
PORTION OF LOT SIZE: 5' X 108'
ASSESSED VALUATION: $3,900
(NORTH DISTRICT)
The Office of Strategic Planning, Division of Real Estate has received a request from Mary Ann Fortman, 2944 Staley RD., Grand Island,
N.Y. 14072 to purchase Portion of 162 Royal Ave. which is adjacent to her property at 156 Royal Ave. She would like to purchase the
above referenced property in order to create more yard space. Ms. Fortman will act as property manager.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of
Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the
purchaser.
A market analysis performed by the Division of Real Estate showing similar sales in the area range from Sixty Cents ($.60) to One Dollar
Fifteen Cents ($1.15) per square foot.
Mrs. Fortman has agreed and is prepared to pay One Dollar Thirty Nine Cents ($1.39) per square foot for the parcel for a total of Seven
Hundred Fifty Dollars ($750) for the above referenced property. She has also agreed to pay for the cost of the transfer tax and recording
fees.
I am recommending that Your Honorable Body approve the sale of 162 Royal Ave in the amount of Seven Hundred Fifty Dollars ($750) to
Mary Ann Fortman.
I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the
Mayor be authorized to execute the same.
Mr. Rivera moved:
That the above item be, and the above communication from Office of Strategic Planning, Division of Real Estate, dated June 16, 2016, be
received and filed;
That the offer from Mary Ann Fortman, 2944 Staley Rd., Grand Island, New York 14072, in the amount of Seven Hundred Fifty Dollars
($750.00) for the purchase of a portion of 162 Royal Avenue (5' x 108'), which is adjacent to her property at 156 Royal Avenue, be and
hereby is accepted; and
That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and
That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be
authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted.
PASSED
AYES - 9 NOES -0
NO. 1446
REPORT OF SALE - 162 ROYAL-VACANT LOT
465' E TONAWANDA
PORTION OF LOT SIZE: 20' X 108'
ASSESSED VALUATION: $3,900
(NORTH DISTRICT)
The Office of Strategic Planning, Division of Real Estate has received a request from SDP Properties, LLC 5514 Stevely Ave, Lakewood,
CA 90713 to purchase Portion of 162 Royal Ave. which is adjacent to their property at 164 Royal Ave. SDP Properties, LLC would like to
purchase the above referenced property in order to create more yard space. SDP Properties is utilizing a local property manager, Mr.
Barry Morris, 2770 Delaware Ave, Kenmore, N.Y. 14217.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of
Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the
purchaser.
A market analysis performed by the Division of Real Estate showing similar sales in the area range from Sixty Cents ($.60) to One Dollar
Fifteen Cents ($1.15) per square foot.
SDL Properties, LLC has agreed and is prepared to pay One Dollar Fifty Cents ($1.50) per square foot for the parcel for a total of Three
Thousand Two Hundred Fifty Dollars ($3,250) for the above referenced property. They have also agreed to pay for the cost of the transfer
tax and recording fees.
I am recommending that Your Honorable Body approve the sale of 162 Royal Ave in the amount of Three Thousand Two Hundred Fifty
Dollars ($3,250) to SDP Properties, LLC.
I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the
Mayor be authorized to execute the same.
Mr. Rivera moved:
That the above item be, and the above communication from Office of Strategic Planning, Division of Real Estate, dated June 16, 2016, be
received and tiled;
That the offer from SDP Properties, LLC, 5514 Stevely Ave., Lakewood, CA 90713, in the amount of Three Thousand Two Hundred Fifty
Dollars ($3,250.00) for the purchase of a portion of 162 Royal Avenue (20' x 108'), which is adjacent to their property at 164 Royal
Avenue, be and hereby is accepted; and
That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and
That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be
authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted.
PASSED
AYES -9 NOES - 0
NO. 1447
REPORT OF SALE 586 SOUTH PARK- VACANT LOT
100. E HAMBURG
LOT SIZE: 30' X 151'
ASSESSED VALUE: $2,400
FILLMORE DISTRICT)
The Office of Strategic Planning, Division of Real Estate has received a request from William Metzger of 571 South Park Avenue Buffalo,
NY 14204 to purchase 586 South Park Avenue. Mr. Metzger would like to purchase the lot for added green space and siting area for
adjacent property located at 580 South Park Avenue.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of
Collections have no objections to the sale of these properties.
There are no building code violations, taxes or other liens owed to the City of Buffaloby the purchaser. A market analysis performed by
the Division of Real Estate showing similar sales in the area range from Sixty Cents ($.60) to One Dollar and Fifteen Cents ($1.15) per
square foot.
Mr. Metzger has agreed and is prepared to pay Eighty Five Cents ($.85) per square foot for the parcel for a total of Three Thousand Eight
Hundred Dollars ($3,800.00) for the above referenced property. He has also agreed to pay for the cost of the transfer tax and recording
fees.
I am recommending that Your Honorable Body approve the sale of 586 South Park Avenue for the amount of Three Thousand Eight
Hundred Dollars ($3,800.00) to Mr. William Metzger. I am further recommending that the Office of Strategic Planning prepare the
necessary documents for the transfer of title and that the Mayor be authorized to execute the same.
Mr. Rivera moved:
That the above item be, and the above communication from Office of Strategic Planning, Division of Real Estate, dated June 16, 2016, be
received and filed;
That the offer from William Metzger of 571 South Park Avenue, Buffalo, New York 14204, in the amount of Three Thousand Eight
Hundred Dollars ($3,800.00) for the purchase of 586 South Park, be and hereby is accepted; and
That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and
That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be
authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted.
PASSED
AYES - 9 NOES -0
NO. 1448
TRANSFER OF 509 MICHIGAN FROM THE CITY OF BUFFALO URBAN RENEWAL
AGENCY TO THE CITY OF BUFFALO BRENDAN MEHAFFY
CCP# 1159, MAY 24, 2016
This item is a request for authorization for the City of Buffalo Urban Renewal Agency (BURA) to transfer 509 Michigan to the City of
Buffalo for One Dollar ($1.00) and no more. This Honorable Body previously approved an item authorizing the City of Buffalo to acquire
the property from BURA and is now being requested to act in its capacity as governing body of BURA.
BURA owns a two story, 2,262 sq. ft, vacant commercial structure known as 509 Michigan Avenue (see attached map). The structure
was acquired in April 2005 for the purpose of furthering the goals and objectives of the Michigan Street Heritage Corridor as a multi-use
cultural and heritage visitor's complex which celebrates the historic contributions of the African-American community to the tapestry of the
City of Buffalo.
The City of Buffalo is going to take a leadership role in determining the funding, future use and design of the structure and it has been
therefore determined that the structure should be transferred to the City of Buffalo.
The structure was acquired with Community Development Block Grant Funds (CDBG) and therefore the City will be required to comply
with all CDBG regulatory requirements as to continued use, including but not limited to public notice of any proposed change of use.
The BURA Board approved the transfer of the property to the City of Buffalo on April 28, 2016.
Authorization is therefore requested to convey title to 509 Michigan from the City of Buffalo Urban Renewal Agency to the City of Buffalo
for One Dollar ($1.00) and no more.
Mr. Rivera moved:
That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated June 21,
2016, be received and filed; and
That the Common Council hereby approves the transfer of the property at 509 Michigan from the Buffalo Urban Renewal Agency to the
City of Buffalo for One Dollar ($1.00).;
PASSED
AYES - 9 NOES - 0
FROM THE COMPTROLLER
NO. 1449
CERTIFICATE OF NECESSITY TRANSFER OF FUNDS
BROADWAY MARKET KITCHEN & FLOOR CONSTRUCTION
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 $ 74,000 be transferred and reappropriated as set forth below:
From
30000106-445100 General City Planning $74,000
To:
$ 74,000
30322406-445100 Broadway Market Kitchen & Floor Construction
RECEIVED AND FILED
NO. 1450
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
MICHIGAN ARCHWAY STUDY & DESIGN
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 $ 55,000 be transferred and reappropriated as set forth below:
From:
30000106-445100 General City Planning $55,000
To:
30310006-445500 Michigan Archway Study & Design $55,000
RECEIVED AND FILED
NO. 1451
CAPITAL DEBT SERVICE FUND
DEPOSITS - 2016/2017 FISCAL YEAR
Certificate Number 1-16/17 of the Comptroller of the City of Buffalo, New York, relative to the Capital Debt Service Fund of said city,
stating the amounts to be deposited therein and paid therefrom for the period Commencing July 1, 2016 and ending June 30, 2017
I, Mark J.F. Schroeder, Comptroller of the City of Buffalo, New York, in accordance with the provisions of Section 202 of the resolution
entitled:
"Enabling Resolution of the City of Buffalo, New York, Establishing a Capital Debt Service Fund, Determining the Terms and Conditions
of Such Fund and Other Matters in Connection Therewith, and Providing for the Rights of Holders of Capital Debt Obligations of the
City."
duly adopted by the Common Council on March 8, 1977, and pursuant to the duties of the chief fiscal officer set forth therein, Do Hereby
Certify as follows:
1. The Capital Debt Service Fund Requirements for the fiscal year commencing July 1, 2016 and ending June 30, 2017 is
$45,883,381.02
2. The portion of said Capital Debt Service Requirement allocated to the First Collection Period (July 1, 2016 through and including
December 31, 2016), is $16,087,721.46.
3. The portion of said Capital Debt Service Requirement allocated to the Second Collection Period (January 1, 2017 through and
including June 30, 2017), is $29,795,659.56.
4. The First Collection Period portion of the Capital Debt Service Requirement is due and payable during the period commencing July 1,
2016 and ending December 31, 2016 on the obligations, in the amounts, on the dates, and at the place or places as set forth below:
Obligation Amount Due Date Due Place Due
Serial Bond $433,492.01 Aug 1, 2016 M&T Trust, Buffalo, New York
Serial Bond $849,305.56 Aug 15, 2016 M&T Trust, Buffalo, New York
Serial Bond $2,298,990.77 Oct 1, 2016 M&T Trust, Buffalo, New York
Serial Bond $4,020,408.12 Nov 15, 2016 M&T Trust, Buffalo, New York
Serial Bond $8,455,525.00 Dec 1, 2016 M&T Trust, Buffalo, New York
$16,087,721.46
5. The aggregate amount to be deposited by the Director of the Treasury with the M&T Trust Company, Buffalo, New York, commencing
on July 1, 2016 is $14,367,337.00.
6. The Second Collection Period portion of the Capital Debt Service Requirement is due and payable during the period commencing
January 1, 2017, and ending June 30, 2017, on the obligations, in the amounts, on the dates, and at the place or places as set forth
below:
Obligation Amount Due Date Due Place Due
Serial Bond $6,352,609.90 Jan 15, 2017 M&T Trust, Buffalo, New York
Serial Bond $4,673,492.01 Feb 1,2017 M&T Trust, Buffalo, New York
Serial Bond $17,826,242.02 Apr 1, 2017 M&T Trust, Buffalo, New York
Serial Bond $723,834.38 May 15, 2017 M&T Trust, Buffalo, New York
Serial Bond $219,481.25 June 1, 2017 M&T Trust, Buffalo, New York
$29,795,659.56
7. The aggregate amount to be deposited by the Director of the Treasury with the M&T Trust Company, Buffalo, New York,
commencing on December 1, 2016 is $20,695,643.00.
8. Pursuant to Section 202 (b) of said Enabling Resolution, the Director of the Treasury shall deposit the amounts shown in
Section 5 and 7 hereof in the Capital Debt Service Fund held by the Trustee, M&T Trust Company, Buffalo, New York, immediately upon
receipt of any payment of or on account of any City ad valorem property taxes, until the amount deposited during each Collection Period is
equal to the amount shown in Section 5 and 7, respectively.
9. I have this day delivered a copy of Certificate Number 1-16/17 to the Director of Treasury and to M&T Bank, Buffalo, New
York.
IN WITNESS WHEREOF, I have hereunto set my hand this 15th Day of June, 2016.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 1452
INTERFUND CASH LOAN
Certain Federal and State aided programs require a cash advance until the program is operating and
reimbursement is received.
I have reviewed the program listed below and determined the cash needs to be warranted. I have approved an interfund cash loan to be
made in the maximum amount of $3,000,000.00 as needed subject to your approval. Loan is payable at date of reimbursement.
FROM: 1000-General Fund
TO: 3155 - Bailey Avenue Bridge
Grant Title: U.S Route 62, Bailey Ave. Bridges over Cazenovia Creek & the Buffalo River
GRANT AGENCY: New York State Department of Transportation
GRANT AMOUNT: $17,955,000.00
LOAN AMOUNT: Maximum of $3,000,000.00
Estimated Date of Repayment: December 30, 2018
Mr. Rivera moved:
That the above item be, and the above communication from the Department of Audit and Control/Comptroller, dated June 16, 2016, be
received and filed; and
That the Common Council hereby approves an interfund cash loan in the amount of $3,000,000.00 for U. S. Route 62, Bailey Avenue
Bridges over Cazenovia Creek and the Buffalo River from the New York State Department of Transportation. The loan is payable at the
date of reimbursement.
PASSED
AYES - 9 NOES – 0
NO. 1453
INTERFUND LOAN - FIRE APPARATUS PURCHASE 2016 (COMPT)
As part of the policy set forth in the Comptrollers Estimate & Report we will only issue debt for Capital improvement Budget projects that
are ready to begin expending funds. In order to fund projects that become shovel-ready before the next capital debt issuance, the City
can utilize interfund loans. The Administration has requested that you approve an interfund cash loan from the General Fund to the City’s
Capital Projects Fund in the amount of $2,416,277 against the 2016 Capital Improvements Budget to Fire Apparatus Purchase. The loan
of $2,416,277 will be repaid when bonds are issued in fiscal year 2016-17.
From To Repayment Total
General Fund Capital Projects-Fire Apparatus Purchase 16 April 2017 $2,416,277
Pursuant to the City's Capital Budget/Debt Management Policy, the City intends to issue bonds for city projects during the 2016-17 Fiscal
Year. The Comptroller's 2016 Debt Issuance Cap for City projects was $21,300,000. The City issued $16,238,442 in bonds for 2016-17
Capital Budget projects in April 2016. The Capital Budget Projects, which were not funded in the April 2016 Bond sale, that can be
interfund loaned and included in the 2017 debt issue will be limited to $5,061,558. Currently, the City does not have any interfund loans
outstanding. If this current request is approved, the City will be committed to borrowing $2,416,277 for this project in the 2017 bond sale,
with $2,645,281 available for future interfund loans.
Requested Approved Balance
2016 Debt Cap $ 21,300,000
Bonds Issued (16,238,442)
Debt Cap Capacity $ 5,061,558
2016 Fire Apparatus Purchase $ 2,416,277 $ (2,416,277)
Available Interfund Loan Balance $ 2,416,277 $ 2,645,281
Mr. Rivera moved:
That the above item be, and the above communication from the Department of Audit and Control/Comptroller, dated June 15, 2016, be
received and filed; and
That the Common Council hereby approves an interfund cash loan from the General Fund to the City's Capital Projects fired in the
amount of $2,416,277.00 against the 2016 Capital Improvements Budgets for Fire Apparatus Purchase. The loan will be repaid when
bonds are issued in Fiscal Year 2016-17.
PASSED
AYES - 9 NOES- 0
FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS
NO. 1454
CHANGE IN CONTRACT - BROADWAY MARKET ARMED SECURITY GUARDS (FILL)(DPW)
I hereby submit to your Honorable Body the following change for Broadway Market-Armed Security Guards. Command Security, Contract
# 93001641 and subsequent renewals. This change is due to cost of living increases with an increase to the base rate of pay from
$19.73 to $21.00 per hour. The original wage rates have been in effect since 2013 with no increase.
The foregoing change results in a net increase in the contract of Nine Thousand Nine Hundred Six Dollars and 00/100($9,906)
Summary Previous Amount Approved $153,894
Amount of this change order $9,906
Total Approved Amount to Date $163,800
Costs have been reviewed by the Department of Public Works, Parks and Streets and were found to be fair and equitable. Funds for the
work are available in Account # 13296006-456000 Buildings
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 June 16, 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 Change Order #1
in the amount of $9,906.00 (Previously Amount Approved $153,894.00 + Change Order #1 $9,906.00 for a Revised Contract Amount of
$163,800.00) for the Broadway Market - Armed Security Guards, with Command Security, C#93001641, and subsequent renewals. Funds are
available in Account #13296006 - 456000 - Buildings.
PASSED
AYES - 9 NOES – 0
NO. 1455
CHANGE IN CONTRACT
CAZENOVIA POOL ROOF
PARTIAL RECONSTRUCTION
SOUTH DISTRICT
#1631 OF 9/1/15
I hereby submit to your Honorable Body the following change for Cazenovia Pool Roof, Partial Reconstruction, Nichter Construction, Inc Contract #
93001672.
1.) Cost for the use of Acrolon 218 HS in lieu of Credit $ 4,200.00
the specified Triemic paint product
2.) Additional 157 feet of stainless steel closure Add $11,687.45
flashing, rigid and foam insulation and caulking
at the skylight on the upper roof and skylight intersection
The foregoing change results in a net increase in the contract of Seven Thousand Four Hundred Eighty Seven Dollars and 45/100($7,487.45)
Summary Previous Amount Approved $420,756.34
Amount of this change order +$7,487.45
Total Approved Amount to Date $428,243.79
Costs have been reviewed by the Department of Public Works, Parks and Streets and were found to be fair and equitable. Funds for the work are
available in Account # 37321306-445100
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 June
14, 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 Change Order #1
in the amount of $7,487.45 (Previous Amount Approved $420,756.34 + Change Order #1 $7,487.45 for a Total Approved Amount to Date of
$428,243.79) for the Cazenovia Pool Roof, Partial Reconstruction, with Nichter Construction, Inc., C#93001672. Funds are available in Account
#37321306-445100.
PASSED
AYES – 9 NOES -0
NO. 1456
CHANGE IN CONTRACT
CITY COURT
NEW COURTROOM AND ELEVATOR UPGRADE
ELLICOTT DISTRICT
#1352 OF 7/7/15
I hereby submit to Your Honorable Body the following change for City Court - New Courtroom and Elevator Upgrade, Kideney
Architects, Contract #93001678.
This change is to add the scope of abatement design services for hazardous materials.
The foregoing change results in a net increase in the contract of Two Thousand Six Hundred Sixty Eight Dollars and 00/100 ($2,668).
Summary: Previous Amount Approved $151,220
Amount of this Change Order $2,668
Revised Contract Amount $153,888
Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are
available in 38322956 - 445100- Buildings.
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 June 16, 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 Change Order #1
in the amount of $2,668.00 (Previous Amount Approved $151,220.00 + Change Order #1 $2,668.00 for a Revised Contract Amount of
$153,888.00) for the City Court - New Courtroom and Elevator Upgrades, with Kideney Architects, C#93001678. Funds are available in Account
#38322956 - 445100 -Buildings.
PASSED
AYES - 9 NOES -0
NO. 1457
CHANGE IN CONTRACT NORTH BUFFALO ICE RINK
IMPROVEMENTS DELAWARE DISTRICT
#180, 2/2/16
I hereby submit to Your Honorable Body the following changes for North Buffalo Ice Rink, Stieglitz Snyder Architects, C #93001733
The scope of work for this change order is for the facilitation of an additional option for bidding to the Ice System.
Add $24,000
The foregoing changes result in a net increase in the contract of Twenty-Four Thousand Dollars and 0 Cents($24,000)
Summary: Previous Amount Approved $121,000
Amount of this Change Order $12,640
Revised Contract Amount $133,640
Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are
available in account No 30091806 - 445100- Buildings.
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 June 16, 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 Change Order #1
in the amount of $12,640.00 (Previous Amount Approved $121,000.00 + Change Order #1 $12,640.00 for a Total Approved Amount to Date of
$133,640.00) for the North Buffalo Ice Rink Improvements, with Stieglitz Snyder Architects, C#93001733. Funds will be available in Accounts
#30091806-445100 and 33233476-445100 - Buildings.
PASSED
AYES – 9 NOES - 0
NO. 1458
PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR THE DESIGN, CONSTRUCTION ADMINISTRATION AND
CONSTRUCTION INSPECTION FOR CITY-WIDE BRIDGE REHABILITATION PROGRAM (DPW)
CITYWIDE
I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Skeets to hire a consultant for the design,
construction administration and construction inspection phases of several bridge maintenance and repair projects. The City is provided Federal
funds to undertake rehabilitation and repair projects as deemed necessary to maintain City bridges in a state of good repair and this Department has
determined that it is in the City's best interest to engage a single consultant on a term contract not to exceed three years to execute, evaluate and
respond to bridge condition flags issued by NYSDOT and or overall program management services. Funds for the above services are anticipated to
not exceed $250,000 for 2016 and are available in Capital account 3200006-445100, General Fund 13113006-456000 and or account(s) to be
named at a later date.
The consultant will be chosen through a Request for Proposals (RFP) process.
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 June
20, 2016, be received and filed; and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire a consultant for the
design, construction administration and construction inspection phases of several bridge maintenance and repair projects. The consultant will be
chosen through a Request for Proposals (RFP) process. Funds are anticipated to not exceed $250,000.00 for 2016 and are available in Capital
Account #3200006-445100, General Fund 13113006-456000, and/or account(s) to be named at a later date.
PASSED
AYES - 9 NOES - 0
NO. 1459
PERMISSION TO INCREASE CONTRACT
VISONE CONSTRUCTION CO.
NORTH BUFFALO RAILS TO TRAILS PROJECT
CONTRACT # 93001491
UNIVERSITY DISTRICT
(ITEM NO. 916, CCP 4/26/16)
I hereby submit to your Honorable Body the following change for this contract. Visone is the contractor for construction of North Buffalo Rails to
Trails Project.
This increase is necessary for additional work by contractor on the project for building new ADA ramp from recently built trail to the Shoshone Park
as requested by the public and being funded by additional grant funds.
Summary: Previous Amount Approved $1,399,360.01
Amount of this Change Order $68,373.35
Revised Contract Amount $1,467,733.36
I certify that this increase 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 and Streets to issue said increase for $ 68,373.35.
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 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 June 16, 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 Change Order #1
in the amount of $68,373.35 (Previously Approved Contract Amount $1,399,360.01 + Change Order #1 $68,373.35 for a Total of $1,467,733.36) for
the North Buffalo Rails to Trails Project, with Visone Construction Co., C#93001491. This increase is necessary for additional work by the
contractor on the project for building new ADA ramps from the recently built trail to Shoshone Park as requested by the public. The 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 at a later date.
PASSED
AYES - 9 NOES - 0
NO. 1460
PERMISSION TO INCREASE CONTRACT
FOR THE CONSTRUCTION MANAGEMENT AND INSPECTION
MILLING AND RESURFACING OF CITY STREETS
KENMORE AVENUE PROJECT
UNIVERSITY DISTRICT
Item available for review in the City Clerk’s Office
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 June 20, 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 Change Order #1
in the amount of $340,707.49 (Original Contract Amount $392,000.00 + Change Order #1 $340,707.49 for a New Contract Amount of $732,707.49)
for the construction management and construction inspection for the Kenmore Avenue Reconstruction Project, with Kheops Architecture,
Engineering and Survey, DPC. The Buffalo Sewer Authority has agreed to fund the construction of Green Infrastructure on Kenmore Avenue, which
will consist of a permeable pavement bike path, in exchange for the City of Buffalo funding the additional construction inspection costs of the project.
The funds for this increase will be obtained from the construction savings incurred from the Sewer Authority Betterment.
PASSED
AYES -9 NOES -0
NO. 1461
YARD WASTE COMPOSTING WITH LARDON
CONSTRUCTION
I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to renew an existing agreement with
Lardon Construction LLC. for yard waste collection and composting services. The contract extension period is from the date of the contract through
March 31, 2017.
Funds are available in account #52002606 - 442100 Refuse Disposal Services.
Mr. Rivera moved:
That the above item be, and the above communication from the Department of Public Works, Parks and Streets dated June 6, 2016, be received
and filed; and
That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to renew an existing agreement with Lardon
Construction, LLC for yard waste collection and composting services. The contract extension period is from the date of the contract through March
31, 2017. Funds are available in Account #52002606-442100 - Refuse Disposal Services.
PASSED
AYES -9 NOES - 0
NO. 1462
REPORT OF BIDS
ALLENDALE THEATRE (THEATRE OF YOUTH)
EXTERIOR RECONSTRUCTION
FILLMORE DISTRICT
I requested on May 31st, 2016 and received the following formal bids for the Allendale Theatre (Theatre of Youth) Exterior Reconstruction project on
June 14th, 2016.
Contractor Base Bid Alt #1
Savarino Companies $327,000 ` $152,744
Sieoli Construction Services, Inc. $338,700 $161,000
Grove Roofing Services, Inc. $379,800 $167,200
Jos.A.Sanders & Sons, Inc. $387,840 $159,547
I hereby certify that the foregoing is a true and correct statement of all bids received and that Savarino Companies, with a Base Bid of $327,000 +
Alt #1 $152,744 + 10% contingency of $47,974.40 for a total amount of Five Hundred Twenty Seven Thousand Seven Hundred Eighteen Dollars &
40/100 ($527,718.40), 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 the work on the basis of the lowest
responsible bid. Funding for this project is available in account # 33233346-445100 and an account to be named at a 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 June
14, 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 Allendale Theatre (Theatre of Youth) Exterior Reconstruction, with Savarino Companies, with a total bid amount of $527,718.40 (Base Bid of
$327,000.00 + Alt. #1 of $152,744.00 + a 10% contingency of $47,974.40 for a total amount of $527,718.40). Funding for this project is available in
Account #33233346-445100, and an account to be named at a later date.
PASSED
AYES – 9 NOES – 0
NO. 1463
REPORT OF BIDS
BROADWAY MARKET
FLOOR RESURFACING
FILLMORE DISTRICT
I requested on May 16th, 2016 and received the following formal bids for the Broadway Market Floor Resurfacing project on May 31st, 2016.
Contractor Base Bid Alt #1
Patterson-Stevens, Inc $228,700 $90,000
* Tiede-Zoeller Tile Corp $265,500 No Bid
*Deemed non-responsive
I hereby certify that the foregoing is a true and correct statement of all bids received and that Patterson-Stevens, Inc., with a Base Bid of $228,700 +
Alt #1 for $90,000 + 10% contingency of $31,870 for a total amount of Three Hundred Fifty Thousand Five Hundred Seventy Dollars & 00/100
($350,570), 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 the work on the basis of the lowest responsible bid. Funding for this project is available in account #38322936-445100 and account
#30322406-445100.
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 June 16, 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 Broadway Market Floor Resurfacing, with Patterson-Stevens, Inc., with a total amount of $350,570.00 (Base Bid of $228,700.00 + Alt. #1 of
$90,000.00 + a 10% contingency of $31,870.00 for a total amount of $350,570.00). Funding for this project is available in Accounts #38322936-
445000 and 30322406-44500.
PASSED
AYES - 9 NOES- 0
NO. 1464
REPORT OF BIDS
CITY-WIDE MILL & OVERLAY
CDBG YR-41
DPW GROUP 875C
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
Destro & Brothers Concrete Co. $446,595.71*
411 Ludington St. Buffalo, NY 14206
Occhino Paving $520,276.67
2650 Seneca St. West Seneca, NY 14224
I hereby certify that the low bidder for the above project is Destro & Brothers Concrete Co.
I respectfully recommend a contract award in the amount not to exceed $500,000.00. This project was procured on the basis that the budget is
$500,000.00, and that the City reserves the right to increase, or decrease quantities to the project budget.
Funds for this contract are available in #DA9B2027-470000 and/or an account to be named at a later date.
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 July 30, 2016. Individual bid submissions are available in our office for inspection
and copies are available upon request.
This project is being carried out with federal financial aid from the Community Development Block Grant (CDBG) from the United States
Department of Housing and Urban Development (HUD). The contractor is not subject to Apprenticeship Training Program. The work to be
performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U.S.C. 1701u (section 3). The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3
*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 June 16, 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 Citywide Mill and Overlay, CDBG YR-41, DPW Group 875C, with Destro & Brothers Concrete Co., with a base bid of $446,595.71. Funding
for contract is available in Account #DA9B2027-470000 and/or an account to be named at a later date.
PASSED
AYES - 9 NOES - 0
NO. 1465
REPORT OF BIDS
CITY-WIDE CURB & SIDEWALK REPLACEMENT
CDBG YR-41
DPWGROUP 875A
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
Campobello Construction $622,615.00
23 Stratford Rd. Buffalo, NY 14216
P&J Construction $644,905.20*
709 Pleasantview Lancaster, NY 14086
Millennium Construction $733,996.00
34 Peuquet Pkwy Tonawanda, NY 14150
I hereby certify that the low bidder for the above project is Campobello Construction.
I respectfully recommend a contract award in the amount not to exceed $700,000.00. This project was procured on the basis that the budget is
$700,000.00, and that the City reserves the right to increase, or decrease quantities to the project budget.
Funds for this contract are available in #DA9B2027-470000 and/or an account to be named at a later date.
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 July 30, 2016. Individual bid submissions are available in our office for inspection
and copies are available upon request.
This project is being carried out with federal financial aid from the Community Development Block Grant (CDBG) from the United States
Department of Housing and Urban Development (HUD). The contractor is not subject to Apprenticeship Training Program. The work to be
performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U.S.C. 1701u (section 3). The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3
*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 June 16, 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 Citywide Curb and Sidewalk Replacement, CDBG YR-41, DPW Group 875A~ with Campobello Construction, with a base bid of
$622,615.00. Funding for contract is available in Account #DA9B2027-470000 and/or an account to be named at a later date.
PASSED
AYES -9 NOES -0
NO. 1466
REPORT OF BIDS
MCKINLEY MONUMENT RESTORATION
NIAGARA SQUARE
ELLICOTT DISTRICT
I requested on May 16th, 2016 and received the following formal bids for the McKinley Monument Restoration project on June 7th, 2016.
Contractor Base Bid Alt #1 Alt #2
Morris Masonry Restoration LLC $450,000 $33,475 $163,000
Highland Masonry & Restoration Inc $556,295 $32,849 $131,609
I hereby certify that the foregoing is a true and correct statement of all bids received and that Morris Masonry
Restoration, LLC., with a Base Bid of $450,000 + Alt #1 $33,475 +Alt #2 $163,000 + 10% contingency of
$64,647.50 for a total amount of Seven Hundred Eleven Thousand One Hundred Twenty Two Dollars & 50/100
($711,122.50), 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 the work on the basis of the lowest
responsible bid. Funding for this project is available in account # 36403606-445100, 33233446-445100, 33233456-445100 and an account to be
named at a 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 June 8,
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 McKinley Monument Restoration, Niagara Square, with Morris Masonry Restoration, LLC, with a total amount of $711,122.50 (base bid of
$450,000.00 + Alt. #1 of $33,475.00 + Alt. #2 of $163,000.00 + 10% contingency of $64,647.50 for a total amount of $711,122.50). Funding for
contract is available in Accounts #36403606-44510033233446-445100, 33233456-445100, and an account to be named at a later date.
,
PASSED
AYES - 9 NOES - 0
NO. 1467
RREQUEST FOR AUTHORIZATION OF PESTICIDE CONTROL PLAN FOR INVASIVE
PLANT SPECIES REMOVAL BAILEY AVENUE BRIDGES
LOVEJOY DISTRICT
PRIOR COUNCIL REFERENCE: 919 of 4/26/16
Permission is hereby requested from your Honorable Body to authorize Department of Public Works, Parks and Streets (DPW) to permit Union
Concrete the contractor for replacement of Bailey Avenue bridges to implement invasive species pesticide control plan at the project site by using
Herbicides.
A copy of the plan is attached. The DPW project design consultant recommends that the plan to be followed to adequately control invasive species
during bridge and roadway construction.
Thank you for your consideration.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE COMMISSIONER OF POLICE
NO. 1468
APPROVAL TO ADD VEHICLE TO THE FLEET
I hereby submit to Your Honorable Body a request to update the Buffalo Police Department fleet at no cost to the City of Buffalo. The Buffalo Police
Department hereby requests to add one (1) passenger vehicle to its fleet. The vehicle is an impound from Dart Street and is being transferred from
Parking.
This vehicle will be added as an unmarked vehicle and will not be used for take home purposes.
If you have any questions or concerns, please contact me at 851-4571.
Thank you in advance for your cooperation and expediency in addressing this matter.
Mr. Rivera moved:
That the above item be, and the above communication from the Commissioner of the Buffalo Police Department, dated June 9, 2016, be received
and filed;
That the Common Council hereby authorizes to add one (1) passenger vehicle to its fleet at no cost to the City. The vehicle is an impound from Dart
Street and is being transferred from Parking. The vehicle will be added as an unmarked vehicle and will not be used for take home purposes.
PASSED
AYES - 9 NOES – 0
NO. 1469
APPOINT POLICE CHIEF(EXEMPT)(YOUNG)
Certificate of Appointment
Appointment effective June 6, 2016 in the Department of Police Division of Commissioner’s Office to the position of Police Chief (Exempt)
Permanent Appointment Flat starting salary of $103,981.00
Aaron V. Young, 125 Thatcher Avenue, Buffalo NY 14215
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 1470
APPIONT POLICE CHIEF(EXEMPT)(GRAMAGLIA)
Certificate of Appointment
Appointment effective June 7, 2016 in the Department of Police Division of Commissioner’s Office to the position of Police Chief (Exempt)
Provisional Appointment Flat starting salary of $103,981.00
Joseph A. Gramaglia, 309 Woodbridge Avenue, Buffalo NY 14214
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 1471
RD
APPOINT MOTOR EQUIPMENT MECHANIC(PROV)(3 STEP)(COLSTON)
Certificate of Appointment
Appointment effective June 20, 2016 in the Department of Police Division of Fleet Maintenance to the Position of Motor Equipment Mechanic
Provisional Appointment at the Third Step(of 7 step) starting salary $24,377.00
Darnelle Colston, 151 Hamlin Road, Buffalo 14208
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE CORPORATION COUNSEL
NO. 1472
APPOINT DEPUTY CORPORATION COUNSEL(EXEMPT)(LAZARIN)
Certificate of Appointment
Appointment effective June 6, 2016 in the Department of Law to the Position of Deputy Corporation Counsel Exempt Flat starting salary of
$91,785.00
Jessica Lazarin, 207 Longnecker St, Buffalo 14206
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 1473
APPOINT ASSISTANT CORPORATION COUNSEL II-IMMIGRATION ATTORNEY
Certificate of Appointment
Appointment effective June 7, 2016 in the Department of Law to the Position of Assistant Corporation Counsel II-Immigration Attorney Permanent
Non-Competitive Minimum starting salary of $72,401.00
J. Christine Chiriboga, 115 Park Street, Buffalo 14201
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT
AND PERMIT & INSPECTION SERVICES
NO. 1474
FOOD STORE LICENSE(NEW)-294 VERMONT(NIA)
Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store
TH
License located 294 VERMONT (MOHMED ALI/HUSSEIN REDHWAN dba 14STREET CORNER MART 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. 1475
Lodging House License 340 ELMWOOD
(NIAGARA) (LHM16-10027706)
Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Lodging House
License located at 340 ELMWOOD and find that as to form is correct. I will cause an investigation into the premises for which said application for a
Lodging House license is being sought and no License will be issued until all required approvals from Zoning Office, Police Department, Fire
Department and Building Inspection Section 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 PHYLLIS SISKAR. The attached thereto for PHYLLIS SISKAR d/b/a TNT
DYNAMITE PROPERTIES LLC This request is submitted for your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 1476
MOBILE FOOD TRUCK 311 HARTWELL DR, BUFFALO, NY 14216
(NEW APPLICATION)BLUE BALLS BUS INC.
Pursuant to Chapter 316 Article IX of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the food truck for
which said application for a Mobile Food Truck license is being sought by VINCENZA LAPI @ BLUE BALLS BUS INC., attached find a Police
Record Check, upon obtaining the Fire Department's Approval and upon finding that said application 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. 1477
MOBILE FOOD TRUCK 1166 LOSSEN RD. CHEEKTOWAGA, NY 14220
THE GROVE JUICE TRUCK
Pursuant to Chapter 316 Article IX of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the food truck for
which said application for a Mobile Food Truck license is being sought by MICHAEL DRISCOLL @ THE GROVE JUICE TRUCK, attached find a
Police Record Check, upon obtaining the Fire Department's Approval and upon finding that said application 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. 1478
MOBILE FOOD TRUCK 23 WOODSIDE LANE DEPEW, NY 14043
POLISH VILLA FOOD TRUCK
Pursuant to Chapter 316 Article IX of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the food truck for
which said application for a Mobile Food Truck license is being sought by EDWARD KUTAS @ POLISH VILLA FOOD TRUCK, attached find a
Police Record Check, upon obtaining the Fire Department's Approval and upon finding that said application 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 above communication from the Commissioner of the
Department of Permits and Inspection Services, dated June 20, 2016, be received and filed; and
That pursuant to Chapter 316, Article IX of the City of Buffalo Ordinances, the Commissioner of the Department of Economic Development Permit
and Inspection Services be, and he hereby is authorized to grant a Mobile Food Truck License to Edward Kutas of 23 Woodside Lane, Depew, New
York 14043, d/b/a Polish Villa Food Truck is hereby approved.
PASSED
AYES - 9 NOES -0
NO. 1479
MOBILE FOOD TRUCK 48 RANO ST. BUFFALO, NY 14207
RUDY’S KITCHEN
Pursuant to Chapter 316 Article IX of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the food truck for
which said application for a Mobile Food Truck license is being sought by HAJRETA BULJUBASIC @ RUDY'S KITCHEN attached find a Police
Record Check, upon obtaining the Fire Department's Approval and upon finding that said application 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 above communication from the Commissioner of the
Department of Permits and Inspection Services, dated June 20, 2016, be received and filed; and
That pursuant to Chapter 316, Article IX of the City of Buffalo Ordinances, the Commissioner of the Department of Economic Development Permit
and Inspection Services be, and he hereby is authorized to grant a Mobile Food Truck License to Hajreta Buljubasic of 48 Rano Street, Buffalo, New
York 14207, d/b/a Rudy's Kitchen is hereby approved.
PASSED
AYES - 9 NOES -0
NO. 1480
MOBILE FOOD TRUCK 8485 TRANSIT RD. EAST AMHERST, NY 14051
SWEET MELODY'S
Pursuant to Chapter 316 Article IX of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the food truck for
which said application for a Mobile Food Truck license is being sought by CHARLES INCORVIA @SWEET MELODY'S, attached find a Police
Record Check, upon obtaining the Fire Department's Approval and upon finding that said application 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. 1481
RESTAURANT DANCE CLASS-2182 DELAWARE AVE
ROBERT DAVIDSON OF 61 DEERHURST PARK, KENMORE NY 14217
(DELAWARE)
Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Restaurant Dance
Class RSD16-10027667 License located at 2182 Delaware Ave (MANGOLIA EVENTS LLC) and find that as to form is correct. No License will be
issued until said time that I find it complies with all regulations and other applicable laws. The attached application is thereto for 2182 Delaware Ave.
This request is submitted for your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 1482
SIDEWALK CAFÉ 601 MAIN STREET
SWC16-10027803 NEW LICENSE
Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Sidewalk Café
License located at 601 Main Street (TGI Fridays) and find that as to form is correct.. All necessary approvals will be obtained prior to the issuance of
said License. The attached application is thereto for 601 Main Street. This request is submitted for your approval or whatever action you deem
appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION and COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS
NO. 1483
USED CAR DEALER
708 TONAWANDA (NORTH
UCD16-10027721
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 708 TONAWANDA 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 MORTADA HIZAM. The attached thereto for MORTADA HIZAM/dba/MID CITY AUTO INC. 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, June 14,
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 Mortada Hizam d/b/a Mid City Auto Inc. located at 708 Tonawanda.
PASSED
AYES - 9 NOES - 0
FROM THE COMMISSIONER OF PARKING
NO. 1484
REQUEST FOR AUTHORIZATION OF SUPPLEMENTAL PAYMENT TO JACQUELINE HENNINGS
Pursuant to Article XII of the Collective Bargaining Agreement between the City of Buffalo and AFSCME Local 650,
Employees who are absent from work because of injuries received in the service of the City and who receive compensation benefits may receive a
supplemental sum equal to the difference between their wages and their compensation benefits for a maximum period of six (6) months, upon
authorization and approval by the Common Council. The City agrees to recommend to the Common Council the payment of such wage differential.
Jacqueline Hennings currently holds the position of Junior Data Control Clerk with the City of Buffalo, and was injured during the course of her
employment on 12/3/2015. Ms. Hennings was granted workers' compensation benefits for 33 days and subsequently returned to work on January
19, 2016
Based on the above, it is respectfully requested that your Honorable Body authorize payment to Ms. Hennings in the amount of $1,551.25, which is
the difference between the amount Ms. Hennings received through workers' compensation benefits ($3,258.83) and the amount she would have
received as her regular wages ($4,810.08) for the period of time she received workers' compensation benefits.
Mr. Rivera moved:
That the above item be, and the above communication from the Commissioner of Parking, dated April 22, 2016, be received and filed;
The Common Council hereby authorizes the Commissioner of Parking to issue payment to Ms. Jacqueline Hearings in the amount of $1,551.25,
which represents the difference between the amount Ms. Hennings received through Workers' Compensation benefits ($3,258.83), and the amount
she would have received at her regular wages ($4,810.08) for the period of time she was out of work due to the injury she sustained during the
course of her employment.
PASSED
AYES - 9 NOES - 0
FROM THE COMMISSIONER OF COMMUNITY SERVICES
& RECREATIONAL PROGRAMMING
NO. 1485
CITY'S DEPARTMENT OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING'S
PROPOSED AGREEMENT WITH WORKFORCE CORPORATION OF BUFFALO AND ERIE COUNTY
TO ADMINISTER THE MAYOR'S SUMMER YOUTH INTERNSHIP PROGRAM
The City of Buffalo Department of Community Services & Recreational Programming (the "Department") is positioned to engage the Workforce
Corporation of Buffalo and Erie County ("WCBE") to administer the payroll functions of the Mayor's Summer Youth Internship Program (the "Youth
Program"). The Youth Program is a time honored tradition in Buffalo under which youth throughout the City are gainfully employed during the
summer months in valuable on the job work and life experience ventures. Until recently, the Youth Program administration (management, set up,
payroll functions, wind down, wrap-up and etc.) had been done through various City offices or departments, most recently through the City
Comptroller (as well as through the City's Human Resources Department and the City's Management Information Systems Department) as to payroll
and the City's Department of Community Services and Recreational Programming as to all other aspects of Program set up, day to day
management, troubleshooting and administration. The City engaged WCBE to perform these functions for these purposes and the Department of
Community Services and Recreational Programming will perform all these functions except for the payroll. The City's engagement of WCBE to
directly oversee the payroll function aspects of the Youth Program will result in the City's youth being better served. The Youth Program's funding
from City budget sources for this summer (City's fiscal year 2016-17 budget beginning July 1, 2016) is expected to be at least $1,500,000, with up
to $1,468,896 thereof allocated to WCBE for Youth Program purposes and salaries for the participating youth. Direct operation and management by
WCBE of the payroll functions of the Youth Program is expected to streamline Youth Program operations and management and is expected to also
facilitate faster and more efficient payroll turnaround and direct payroll distribution to the participating youth.
Accordingly, the Department requests your Honorable Body to:
1. Grant the Deputy Commissioner and the Department the specific authority to enter into an agreement in form and substance acceptable to the
department and fund up to $1,468,896 from the Department to WCBE to help administer the payroll functions of the youth program,
2. Authorize the Department and or other appropriate City staff to take all such steps and actions and to execute and or process such additional
documentation, agreements and or modifications thereto as shall be necessary to facilitate and implement the terms and provisions of the
agreement, and
3. Direct the Corporation Counsel and other appropriate City and Department personnel to negotiate to finalization said agreement and other
necessary documentation and agreements wherever necessary for execution and actual implementation of the above tasks and objectives.
Mr. Rivera moved:
That the above item be, and the above communication from the Deputy Commissioner of the Department of Community Services and Recreational
Programming, dated June 8, 2016, be received and filed; and
That the Common Council hereby authorizes the Deputy Commissioner of the Department of Community Services and Recreational Programming
to enter into an agreement in form and substance acceptable to the Department of Community Services and Recreational Programming (the
“Department”) and fund up to $1,468,896.00 from the Department to the Workforce Corporation of Buffalo and Erie County (“WCBE”) to help
administer the payroll functions of the Mayor’s Summer Youth Internship Program (the “Youth Program”); and
That the Common Council hereby authorizes the Department and/or other appropriate City staff to take all such steps and actions and to execute
and/or process such additional documentation, agreements and/or modifications thereto as shall be necessary to facilitate and implement the terms
and provisions of the agreement; and
That the Common Council hereby directs the Corporation Counsel and other appropriate City and Department personnel to negotiate to finalization
said agreement and other necessary documentation and agreement wherever necessary for execution and actual implementation of the tacks and
objectives.
PASSED
AYES 9, NOES 0
FROM THE CITY CLERK
NO. 1486
APPLICATION FOR RESTRICTED USE PERMIT-69 W. CHIPPEWA (06/30/16)
Copy available for review in the City Clerk’s Office
Mr. Rivera moved:
That the above item be, and the same hereby is, returned to the Common Council with a recommendation for denial;
That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where
alcohol is served at an event to occur on June 30, 2016, is hereby denied.
DENY
AYES 9, NOES 0
NO. 1487
APPLICATION FOR RESTRICTED USE PERMIT – 69 W. CHIPPEWA (07/14/16)
Copy available for review in the City Clerk’s Office
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 1488
APPLICATION FOR RESTRICTED USE PERMIT-69 W. CHIPPEWA(07/28/16)
Copy available for review in the City Clerk’s Office
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 1489
APPLICATION FOR RESTRICTED USE PERMIT-69 W. CHIPPEWA(08/11/16)
Copy available for review in the City Clerk’s Office
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 1490
APPLICATION FOR RESTRICTED USE PERMIT-69 W. CHIPPEWA(08/25/16)
Copy available for review in the City Clerk’s Office
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 1491
ITEM RETURNED TO CITY CLERK BY MAYOR WITHOUT APPROVAL OR DISAPPROVAL
I hereby inform you that the following Item which was passed by the Common Council on May 24, 2016
No. 1271 Waive Permit and Special Event Fees for Save the Michael's of the World Light the Night Memorial
No. 1272 Waiving the Permit Fees for Buffalo Zoo Summer Program
No. !275 Request City Fee Waivers for "National Summer Learning Day" at Canalside
No. 1277 Waive Event Fees for Buffalo River Fest
No. 1278 Waive Event Fee and Park Permit Fee for "Sperry Park unity Day"
No. 1279 Wavier of Fees - Tom Hambridge Americana Music Festival
No. 1288 Waive Special Event Fees/Permit Fees for Uptown Fresh Healthy Lifestyles Market
Was presented to the Mayor on May 27, 2016, and returned to the City Clerk on June 6, 2016 without approval or disapproval
Respectfully submitted,
Gerald A. Chwalinski
City Clerk
RECEIVED AND FILED
NO. 1492
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
2519 Main Street Central Park Grill CPGDG LLC
533Amherst St N/A Niagara Frontier Post 1041
1122 Hertel Avenue Joey’s Place Joey’s Hertel Place Inc.
206 Allen Fallie Allen Fallie Allen Inc
517 Washington St Angelica Angelica Tea Room LLC
946 Elmwood Ave McGarrets Putnam-Walker Inc
206 Allen Fallie Allen Fallie Allen LLC
RECEIVED AND FILED
NO. 1493
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:
Common Council - Linda Andersen
Police - Kate McKeating, Darlene Muhammad
Parking - Jacqueline Hennings
RECEIVED AND FILED
NO. 1494
REPORTS OF ACTING TIME
I transmit herewith notifications received by me, reporting Acting Time, in the various departments as listed:
Parking- Theresa Nichols, Michael Falzone, Nichoals Schaefer
RECEIVED AND FILED
NO. 1495
NOTICES OF APPOINTMENTS - SEASONAL/FLAT
I transmit herewith certificates received by me, reporting seasonal and fiat salary appointments made in various departments.
RECEIVED AND FILED.
Certificate of Appointment
Appointment effective 6/7/16 in the Department of Public Works, Parks & Streets Division of Streets to the position of Laborer II Seasonal Non-
competitive hourly starting salary of $13.06
Keith Scott, 73 Courtland, Buffalo 14215
Certificate of Appointment
Appointment effective 6/13/16 in the Department of Public Works, Parks & Streets Division of Parks to the position of Laborer II Seasonal Non-
competitive hourly starting salary of $13.06
Joseph Winkelsas, 213 Virgil Ave, Buffalo 14216
Certificate of Appointment
Appointment effective 6/13/16 in the Department of Public Works, Parks & Streets Division of Engineering to the position of Bridge Operating
Engineer Seasonal Non-competitive hourly starting salary of $13.06
Daniel D. Griffin, 24 Robbins, Buffalo 14220
NO. 1496
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 June 6, 2016 in the Department of Police Division of Administration and Communication to the position of Civilian School
Crossing Guard (TSAR) Temporary Appointment Flat starting salary of $11.22
Julia L. Harris, 331 W. Delavan Ave – Apt 2, Buffalo 14213
Inga Yakam, 303 Winslow Avenue, Buffalo 14211
Lauren Arnone, 41 Tacoma Avenue, Buffalo 14216
Certificate of Appointment
Appointment effective June 9, 2016 in the Department of Law to the Position of Law Clerk Temporary non-competitive hourly starting salary of
$12.85/hr
Daniel Muscarella, 257 Commonwealth Avenue, Buffalo 14216
Certificate of Appointment
Appointment effective June 6, 2016 in the Department of Law to the Position of Law Clerk Temporary non-competitive hourly starting salary of
$12.85/hr
Daniel Cercone, 741 Tacoma Avenue, Buffalo 14216
Certificate of Appointment
Appointment effective June 13, 2016 in the Department of Assessment and Taxation to the Position of Account Clerk Typist Temporary
Appointment Minimum starting salary of $35,403
Edgar Martinez, 375 Breckenridge, Buffalo 14213
Certificate of Appointment
Appointment effective June 13, 2016 in the Department of Police Division of Administration and Communication to the position of Report Technician
Permanent Appointment First Step (of 7 Step) starting salary of $36,587.00
Lynne M. Chojnacki, 545 Marilla Street, Buffalo 14220
Certificate of Appointment
Appointment effective June 6, 2016 in the Department of Permit & Inspections Division of Licenses to the Position of Clerk Permanent Appointment
First Step starting salary of $34,013
Oleda Vazquez, 11 Ullman St., Buffalo 14207
Certificate of Appointment
Appointment effective 6/13/16 in the Department of Public Works, Parks & Streets Division of Water to the position of Water Service Worker
Provisional Open-competitive minimum starting salary of $24,184 (step 11)
David Paul, 60 Pavonia St, Buffalo 14207
Certificate of Appointment
Appointment effective 7/4/16 in the Department of Admin & Finance, Policy & Urban Affairs Division of Inventory and Stores to the position of
Automotive Inventory Clerk Provisional Open-Competitive minimum starting salary of $39,912
John Higgins, 55 South Ryan St. Buffalo 14210
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
NO. 1497
A. BANEY-BUFFALO MEDICAL CANNABIS ACT
"This Act would allow the DEA to be involved in overseeing the medical patient registry. The DEA would print up "Smart Card Technology" cards for
Doctors Recommendations.
Buffalo Doctors would attend Compassionate Care Act (CCA) seminars to be properly certified to Recommend medical cannabis.
For patients under 21 the Buffalo Medical Cannabis Act (BMCA) calls for 2 Doctors to Recommend medical cannabis with 1 Guardian's signature.
2 caregivers can be assigned to pick up medical cannabis.
For Patients over 21, the BMCA calls for 1 Doctor to Recommend medical cannabis and 2 caregivers can be assigned to pick up medical cannabis.
The BMCA calls for only Licensed practitioners that have been trained at CCA seminars to Recommend medical cannabis.
The BMCA calls for a Committee to be set up in the Buffalo Council. The committee shall oversee the implementation of the BMCA.
The committee shall be comprised of 5 members. A representative from the DEA shall be appointed, a Doctor shall be appointed, a representative
from the Buffalo Police Department shall be appointed, a representative from the local academic community shall be appointed, and a community, or
parent advocate shall be appointed.
This Committee shall set up subcommittees as it sees fit to report back on the implementation process of the BMCA.
This Committee shall have authority to oversee applications for permits to who sets up dispensaries, distribution centers, manufacturing facilities,
and growing facilities.
The BMCA calls for medical patients to possess medical cannabis flowers of up to 75 grams (which is equivalent to a months supply for a medical
patient)
The BMCA calls for no arrests or fines for medical patients possessing up to 75 grams of medical cannabis flowers.
The BMCA calls for the dosage to be in milligrams, and that each dose shall not contain over 10 milligrams of THC.
The BMCA calls for a "Compassionate Exemption" which allows for clinical trials for patients in hospitals.
The BMCA calls for concentrates derived from medical cannabis to be in accordance with CCA standards.
The BMCA calls for medical patients in possession of concentrates derived from medical cannabis to be in accordance with the CCA."
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 1498
N. PETROTTO-BUFFALO CANNABIS ACT
"Initiative Measure #1, "Buffalo Cannabis Act"
INITIATIVE MEASURE
NO. 1
SHORT TITLE
"Buffalo Cannabis Act"
SUMMARY STATEMENT
This initiative, if passed, will make it lawful under the City of Buffalo charter for a person 21 years of age or older to:
possess up to two ounces of marijuana for personal use; grow no more than six cannabis plants with 3 or fewer being mature, flowering plants,
within the person's principal residence; transfer without payment (but not sell) up to one ounce of marijuana to another person 21 years of age or
older; and use or sell drug paraphernalia for the use, growing, or processing of marijuana or cannabis.
* Grow, Manufacture, Process, Distribute, and Sell Industrial Hemp
LEGISLATIVE TEXT
BE IT ENACTED BY THE City OF Buffalo
THAT this act may be cited as the "Buffalo Cannabis Act"
Therefore it shall be lawful, and shall not be an offense under the City of Buffalo charter, for any person twenty-one (21) years of age or older to :
"(A) Possess, use, purchase or transport marijuana weighing two ounces or less;
"(B) Transfer to another person twenty-one years of age or older, without remuneration, marijuana weighing one ounce or less;
"(C) Possess, grow, harvest or process, within the interior of a house or rental unit that constitutes such person's principal residence, no more than
six cannabis plants, with three or fewer being mature, flowering plants, provided that all persons residing within a single house or single rental unit
may not possess, grow, harvest or process, in the aggregate, more than twelve cannabis plants, with six or fewer being mature, flowering plants;
"(D) possess within such house or rental unit the marijuana produced by such plants;
Provided that, nothing in this subsection shall make it lawful to sell, offer for sale or make available for sale any marijuana or cannabis plants."
(b) The following new paragraphs are added to subsection (a) after paragraph (1), and the remaining paragraphs are renumbered accordingly:
"(2) The terms 'controlled substance' and 'controlled substances,' as used in this Code, shall not include:
"(A) Marijuana that is or was in the personal possession of a person twenty-one years of age or older at any specific time if the total amount of
marijuana that is or was in the possession of that person at that time weighs or weighed two ounces or less;
"(B) Cannabis plants that are or were grown, possessed, harvested, or processed by a person twenty one years of age or older within the interior of
a house or rental unit that constitutes or at the time constituted, such person's principal residence, if such person at that time was growing no more
than six cannabis plants with three or fewer being mature flowering plants and if all persons residing within that single house or single rental unit at
that time did not possess, grow, harvest or process, in the aggregate, more than twelve cannabis plants, with six or fewer being mature, flowering
plants; or
"(C) The marijuana produced by the plants which were grown, possessed, harvested or processed by a person who was, pursuant to subparagraph
(B) of this paragraph, permitted to grow, possess, harvest and process such plants, if such marijuana is or was in the personal possession of that
person who is growing or grew such plants, within the house or rental unit in which the plants are or were grown.
Notwithstanding the provisions of this paragraph, the terms 'controlled substance' and 'controlled substances' as used in this Code shall include any
marijuana or cannabis plant sold or offered for sale or made available for sale.
"(3) Notwithstanding any other provision of this Code, no district government agency or office shall limit or refuse to provide any facility service,
program or benefit to any person based upon or by reason of conduct that is made lawful by this subsection.
"(4) Nothing in this subsection shall be construed to require any district government agency or office, or any employer, to permit or accommodate
the use, consumption, possession, transfer, display, transportation, sale or growing of marijuana in the workplace or to affect the ability of any such
agency, office or employer to establish and enforce policies restricting the use of marijuana by employees.
"(5) Nothing in this subsection shall be construed to permit driving under the influence of marijuana or driving while impaired by use or ingestion of
marijuana or to modify or affect the construction or application of any provision of this Code related to driving under the influence of marijuana or
driving while impaired by marijuana.
"(6) Nothing in this subsection shall be construed to prohibit any person, business, corporation, organization or other entity, or district government
agency or office, who or which occupies, owns or
controls any real property, from prohibiting or regulating the possession, consumption, use, display, transfer, distribution, sale, transportation or
growing of marijuana on or in that property.
Whereas Industrial Hemp has less than 1% THC, and can not produce a psychoactive affect when consumed.
Therefore it shall be lawful under the Buffalo Cannabis Act to Grow, Manufacture, Process, Distribute, and Sell Industrial Hemp.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 1499
P. INDELICATO-CONCERNS TRANSGENDER LAVATORY
Copy available for review in the City Clerk’s Office
RECEIVED AND FILED
NO. 1500
J. MARRERO-CONCERNS LARKINVILLE
City Clerk Gerald Chwalinski,
My name is Joseph A. Marrero and the reason for my letter is to bring to your attention some issues that myself along with other residents of
"Larkinville" have when there are functions at Larkin in the square and the Hydraulic Hearth.
One of the biggest concerns is the parking issue on South Division St. during all events. Cars are parked on both sides of the street turning a 2 lane
road With 1 side of parking down to barely 1 lane. Often times I have arrived at my home to find I cannot pull into my own driveway due to cars
parking too close to my driveway entrance. South Division St. from Jefferson Ave. to Grosvenor St. and then Emslie St. to Fillmore Ave. is currently
posted as no parking any time on one side of the street, but for some reason the area between Grosvenor St. to Emslie St. is not posted as such.
During events I have stopped police officers On patrol and have pointed Out the parking problem and the answer I get from them is "if it's not posted
I cannot do anything". I myselfalonewith other neighbors, have made numerous attempts to contact councilman David Francyzk with visits to his
,
office, calls to his office, and I have even reached out to him via Facebook with no success or even a return phone call or letter. There have been
numerous times where school busses and even fire trucks have gotten caught up in the mess of traffic because of Illegally parked Cars! I do not
even allow my children to play in front of the house anymore because on several occasions I have had people pull into my driveway or they even
backup at times more than 1/2 the block to give the right of way to oncoming traffic, and that is a HUGE SAFETY ISSUE for everyone in the area!
We are requesting for the parking regulation on South Division St. between Grosvenor St. and Emslie St. to be changed and for no parking anytime
signs to be posted on the odd address side of the street. It is our hope that this can be done so that the problem with the traffic can end avoiding an
accident or even worse a death.
The other issue we are having here in "Larkinville" is the noise/music coming from the establishment known as Hydraulic Hearth. On weeknights
they have music in their outdoor patio playing well past the city ordinance time. I for one have to wake up at 5am for work and also my children get up
early for school. Even with our windows closed you still hear and sometimes feel the rumble of the music 1 block away where I live. When the
Hydraulic Hearth opened no one in the area received information and/or a letter about an outdoor patio that includes games, music and a beer
garden.
Every Thursday from the dates of May 29, 2026 - August 12, 2016 the Buffalo Bicycling Club has races from 5:30 pm – 9:30 pm closing Seneca
St., Larkin St, Exchange St., and Griffin St. During these times all traffic gets detoured to either Seymour St. or South Division St. turning them into
"Mini speedways" again placing the safety and wellbeing of us, the residents of "Larkinville", in jeopardy because they have little to no respect for the
speed limit or stop signs! We, the home owners, AGAIN were never notified or did we receive a letter from The Buffalo Bicycling Club, Larkin, the
common counsel or the city in regards to an event of such magnitude.
It feels to us the home owners and property renters directly affected by all of these events, that the owners of Larkin in the square and the
surrounding establishments can do as they please with no regards to the neighbors arid neighborhood around them! We are the ones that get stuck
having to deal with:
• Illegally parked cars.
• Plates, cups, napkins and other debris scattered across our lawns and streets that we have to pick up.
• The people speeding down our streets blowing stop signs
• The loud music past ordinance times
and we are SICK AND TIRED OF IT!! We have sent petitions to our councilman, we have made phone calls and office visits to the councilman and
the city and it all falls on deaf ears and nothing or no one does anything for us!
If there are any questions or concerns in regards to this letter please feel free to contact me at 716-444-6058 or by mail at the above address. We
are glad that we have these things in our neighborhood and that we can say that we are part of the growing area known as "Larkinville" but this is not
the way we want to be a part of it. We hope that these issues will be addressed soon.
Sincerely,
Joseph A. Marrero and the residents of "Larkinville"
REFERRED TO THE COMMISSIONERS OF PUBLIC WORKS AND PARKING
NO. 1501
I. MUSTAFA-BUSINESS AT 1869 SENECA
Hello,
My name is lyad Mustafa; I am writing to the respected common council today, concerning 1869 Seneca street Buffalo NY 14210, On May, 25th,
2016 I had a public hearing with the zoning board and was approved. I meet with Mr. Scanlon in the middle of February (when I began the
application process) he told me that I can have a business on Seneca street, so I started to prepare for my shop and invested around $200,000 into
the shop. To start this business, I sold my home on 204 Baynes street, Buffalo NY 14213. I pay my taxes, and am a law abiding citizen, I am the
only source of income for my family. My wife is a recent graduate from the University at Buffalo, who still needs to attend graduate school (to obtain
a job.) I would like to start this business so I could help my wife get a well-paying job. As a result of having no income I am currently residing at my
in-law's home. I do not understand why, after spending thousands of dollars on what I presumed to be my new business was going to be denied by
st
Mr. Christopher P. Scanlon so suddenly. The owner of the property, my brother in law and I, had a meeting on Wednesday, June 1, 2016 with
councilmen Scanlon. On said date Mr. Scanlon told me the exact opposite of what he told me in February, he told me that I could not have a
business on Seneca Street, and that he made a mistake by telling me I could open on Seneca street. I only started to restore the property because
he gave me permission to do so. I rented a vacant property (that was zoned to be a body shop and has been empty since 1998) and turned it into
something positive for the community, as we all know vacant buildings are a call for various criminal activity such as vandalism, etc. The community
on Seneca street have expressed their great support for my shop (the neighbors close to my shop came to the public hearing with me in support of
the shop) and, only one women was against my shop. I believe that my shop will add great assets into the community, and bring others around me
new business. I am up in arms, and do not know what to do at this point. I am willing to do whatever it is that the business needs to gain the
respected councils approval.
Kind regards,
Iyad Mustafa
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 1502
NYSDEC-PUBLIC COMMENT INVITE-BROWNFIELD SITE ON WEST GENESEE ST
Former Buffalo Service Station - Off-Site (Buffalo) - No Action With Institutional Controls Recommended
Public Comment Invited on Proposal for No Further Action With Institutional Controls for Brownfield Site on West Genesee Street, Buffalo
This link opens a fact sheet that invites the public to comment on a proposal for no action with institutional controls for the Former Buffalo
Service Station - Off-Site (Buffalo, Erie County)" #C915194A within New York's Brownfield Cleanup Program:
http://www.dec.ny.gov/data/der/factsheet/c915194ana.pdf
NYSDEC is accepting public comments about the proposal through July 29, 2016. Please see fact sheet for details.
The fact sheet is in PDF format. You can save, open, and read the fact sheet by using Adobe Acrobat Reader. If you do not have Adobe Acrobat
Reader, you can go to the following web page on the NYSDEC web site to download the program for free: http:llwww.dec.ny.qovlabout1590.html
Please do not respond to this email. Replies go to an untended mailbox. If you have questions about the contaminated site identified above, please
use the contact information provided in the fact sheet.
RECEIVED AND FILED
NO. 1503
NYS DEPT OF PUBLIC SERVICE-PUBLIC STATEMENT HRG-INCREASE IN NATIONAL FUEL GAS
Dear Community Leader/Elected Official:
The New York State Public Service Commission is sponsoring public statement hearings regarding proposed increases for National Fuel Gas
Distribution Corporation's (NFG) gas delivery rates. In April 2016, the Company filed for new gas delivery rates to be effective beginning April 1,
2017.
To ensure full public participation, the Commission will hold the public statement hearings to solicit input and comments from your community
regarding the proposed increases. These hearings are open to the public who wish to participate and comment on the rate case proceeding.
Information received at the public statement hearings will be transcribed and will be included in the case record. The public comments will be
considered by the Commission in deciding this case.
The dates, times and locations of the public statement hearings are as follows:
Tuesday, June 28, 2016 Amherst Municipal Building Afternoon Hearing: 4:00 PM
Council Chambers Evening Hearing: 7:00 PM
5583 Main Street
Williamsville, NY 14221 J
Wednesday, June 29, 2016 Jamestown Municipal Building Afternoon Hearing: 3:00 PM
City Council Chambers Evening Hearing: 6:00 PM
200 East Third Street
Jamestown, NY 14701
The enclosed fact sheet provides detailed information on how to participate in the public statement hearings and available options to submit
comments on the proceeding. Information about the proceeding can be found at the Commission's www.dps.ny.gov web site. From the homepage,
click on "Search," and enter the associated case number (16-G-0257) in the "Search by Case Number" field.
I would appreciate your assistance with informing your constituents about the public statement hearings and encouraging them to provide
comments. It is the Commission's intent to facilitate and encourage active and meaningful participation throughout all of its proceedings. We hope
you will consider joining us at one of these hearings.
Sincerely,
Michael Corso
Consumer Advocate and Director, Office of Consumer Services
RECEIVED AND FILED
NO. 1504
D. PRDGEN-NFTA RESOURCE STRATEGY
Copy available for review in the City Clerk’s office
RECEIVED AND FILED
NO. 1505
S. RADFORD-INFO REGISTERED SEX OFFENDER TASK FORCE
CHAIRMAN- KEYON LEE
Presentation of Common Council Education Committee
June 2, 2016
Per Task Force recommendations number 7 and 8.
7. The Task force proposes the Council funds Public Service Announcements on Sex abuse Awareness and training workbooks for community
leaders' trainings.
8. The Task Force proposes Each Council Member will in conjunction with the Task Force Sponsor a Sex Abuse Awareness Event Annually in their
Districts. One Council District per month
The Task Force is requesting that the Education Committee recommend to Council for approval the following budgetary items for implementation of
recommendations.
1. $2,250 for 9 Councilmatic District Awareness Events in Conjunction with Buffalo and Erie County Board of Block Clubs
a. Working with a Block Club Coalition in Each District to Provide
i. Crime Analysis Targeted Outreach information
ii. Trainingand Train the Trainer opportunities
iii. Support for Annual Sex Abuse Awareness Week
iv.
2. $5,000.00 for 500 Training Manuals @ 10.00 each to Train 500 Community Leaders, Block Clubs and Parents the Sex Abuse
Prevention/Awareness Stewards of Children Curriculum.
3. $3,000.00 for Training Facilitators (some of which can be provided as In-Kind by Committee members)
4. $10,000 for Public Posters and Billboards
RECEIVED AND FILED
NO. 1506
REV. M. SHOWERS-COB LIVING WAGE COMM-CONCERNING ALLIED WASTE
In the Matter of Allied Waste, Remedy Intelligent Staffing, and Labor Ready Findings and Recommendations
June 2, 2016
Introduction
The City of Buffalo contracts with Allied Waste Services of North America LLC ("Allied") for recycling services. Allied employs a number of workers
directly and also contracts with two temporary staffing agencies, Remedy Intelligent Staffing ("Remedy") and Labor Ready. Allied has one division
for its hauling services and another division for processing materials. For a number of years, Allied has paid its workers in the hauling division a
living wage and has submitted quarterly reports to the Living Wage Commission ("the Commission'') documenting its wages.
In 2015 the Commission asked Allied also to file quarterly reports concerning the workers who process the recyclables at the Material Recovery
Facility (MRF) that Allied operates through its processing division. When Allied indicated that it subcontracts with Remedy and Labor Ready for its
temporary staffing needs at the MRF, the Commission also requested quarterly reports from Remedy and Labor Ready on its workers there.
The quarterly reports from Allied indicate that sorters at the MRF are paid an hourly wage rate of $11.63 or $13.06 "as determined by applicable
percentage of volume" (Allied's reports did not list employees other than sorters). Reports from Remedy indicate that temporary sorters are paid an
hourly rate of $10.30 "as determined by applicable percentage of volume related by City of Buffalo Contract." Reports from Labor Ready appear to
include only temporary workers in the hauling division, not the workers at the MRF.
The Commission held a hearing on May 24, 2016 to determine whether these three employers are in compliance with the City's living wage law, and,
in particular, whether it is legal to apportion workers' wages by percentage of volume. All three employers had representatives at the hearing, and
Allied submitted a letter brief and numerous exhibits in advance.
In its brief and at the hearing, Allied advanced two arguments: first, that the sorting work at the MRF is not part of a contract covered by the living
wage law; and, second, that if the sorting work is covered, the employees make a living wage for their work under the Buffalo contract, when that
work is measured by the volume of material that comes from the City of Buffalo.
Finding #1. The work at the MRF is covered by the living wage law.
The City's contract with Allied is titled "Recycling Collection and Processing." Article 2 of the Contract, "Work to be Performed," describes the work
as "all work and acts necessary for the acceptance and marketing of recyclables as set forth in the RFP for or incidental to: RECYCLING
COLLECTION AND PROCESSING." The Request for Proposals includes detailed "Conditions and Requirements for the Processing of Recyclable
Materials." The RFP provisions include details about the location of the MRF, the times it will be open, the weighing of materials, etc. The City has a
material interest in the work of the MRF, because the City receives rebates based on the tonnage of material weighed at the MRF.
Allied argues that the contract applies only to collecting, pointing to the part of the RFP labelled "Specific Proposal Conditions: Collection Option 2."
The three options, in brief, are for 1) weekly collection of totes and bins; 2) weekly collection of totes; and 3) bi-weekly collection of totes. The
collection options are only one part of the RPF, however. The fact that the RFP includes three collection options does not mean that the RFP
concerns only collection. By its tire and many of its terms, it also includes processing.
Finding #2. The living wage rate may not be apportioned by volume.
Allied argues that it may apportion the living wage by volume of material received at the MRF. For example, it states that in the first quarter of 2016,
material from the City was 31.58% of the material processed at the MRF. Hence, Allied argues, it is legal to pay its workers a living wage for 31.58%
of their time (so long as they are making at least the state minimum wage the rest of the time). Offering an analogy from another area of law, Allied
cites an opinion from the state Department of Labor about whether employees working on a project in a testing and repair capacity would be paid a
prevailing wage for the entire period of time that they work on that site. The Department of Labor opined that "a worker is entitled to prevailing wage
rates for those times during the day that they perform prevailing wage work. To the extent that a worker performs other work not subject to the
prevailing wage law, the rate of pay for such work would not necessarily be at prevailing wage." Request for Opinion/Test and Repair Contracts, File
No. RO-08-0158 (emphasis added).
Even if an employer may apportion the living wage by time, however, the Commission finds that Allied, Remedy, and Labor Ready may not apportion
the wage by volume of material. As Allied explains, materials are dumped on the floor of the MRF and combined into one large pile, in which material
from Buffalo is indistinguishable from material from other sources. That material is then loaded onto conveyor belts and sent to the sorters for
processing. For a sorter there is no distinction between Buffalo material and other material, and there are no designated times of day for Buffalo
work or non-Buffalo work. In other words, the process of “working on the Buffalo contract" is fairly continuous, even if that contract currently
accounts for only 31.58% of the material. (The amount of tonnage from Buffalo varies over time, and, as other customers are lost and gained, the
portion of material that comes from Buffalo also changes). The Commission finds that - at least in cases when an employer cannot clearly delineate
the hours when a worker is not working under a city of Buffalo contract - the living wage applies to all of that worker's hours.
As the City stated in its legislative determination of intent (Section 96-19), paying a living wage yields many benefits to employees, employers,
taxpayers, and the City as a whole. As the law notes, paying less than a living wage "tends to inhibit the quantity and quality of services." It fosters
"high turnover, absenteeism, and lackluster performance." It "fails to provide service employees with resources sufficient to afford live in the City of
Buffalo." In contrast, paying a living wage decreases poverty; increases homeownership, property tax revenues, and local business revenues;
decreases crime, improves school outcomes; and reduces reliance on public assistance programs. These purposes would be undercut if Allied
were allowed to pay its workers less than a living wage.
Recommendations
1. Allied, Remedy, and Labor Ready should ensure that their quarterly reports include all those who work on the City Contract. For example, previous
reports from Labor Ready included only haulers, not sorters. Reports from Allied have included sorters at the MRF, but not operators and office
staff.
2. The City of Buffalo should ensure that future recycling RFP's and contracts state in plain terms that all workers involved in processing materials
must be paid a living wage for all of their work hours.
3. By the next living wage reporting quarter (i.e., as of July 1, 2016), Allied, Remedy, and Labor Ready should begin paying all workers a living wage
(currently $11.63 per hour with health benefits and $13.06 without) for every hour worked.
4. To the extent practicable and with particular attention to currently employed workers, Allied, Remedy, and Labor Ready should make whole those
workers who have worked under the City of Buffalo contract for less than a living wage in the past.
Respectfully Submitted,
Reverend Merle Showers
REFERRED TO COMMITTEE ON FINANCE
PETITIONS
NO. 1507
TH
R. HERNANDEZ, AGENT, REZONE 505 7STREET TO BUILD A NEW
STATE-OF-ART MEDICAL CENTER (ELL)(HRG 6/28)
REFERRED TO THE COMMITTEE ON LEGISLATIO, THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS
NO. 1508
J. VELARDE, AGENT, USE 62 ENGLEWOOD TO ERECT AN ACCESSIBLE RAMP LIFT AND STAIRS ON
ROW ON THE SIDE OF AN EXISTING CHURCH (UNIV)(HRG 6/28)
REFERRED TO THE COMMITTEE ON LEGISLATIO AND THE CITY PLANNING BOARD
NO. 1509
J. SEE, AGENT, USE 502 ELMWOOD, TO RE ESTABLISH USE OF RESTAURANT & OUTDOOR PATIO
(NIA)(HRG 6/28)
REFERRED TO THE COMMITTEE ON LEGISLATIO AND THE CITY PLANNING BOARD
NO. 1510
J. SEE, AGENT, REZONE 502 ELMWOOD FROM A R2 TO A EB FOR A RESTAURANT BAR & OUTDOOR PATIO
(NIA)(HRG 6/28)
REFERRED TO THE COMMITTEE ON LEGISLATIO AND THE CITY PLANNING BOARD
NO. 1511
S. DEFRANKS, OWNER, USE 670 OHIO TO ADD USE OF CONTRACTOR STORAGE YARD TO AN EXISTING
MANUFACTURING & PROCESSING USE IN THE BUFFALO COASTAL SPECIAL REVIEW DISTRICT (SOUTH)(HRG 6/28)
REFERRED TO THE COMMITTEE ON LEGISLATIO AND THE CITY PLANNING BOARD
NO. 1512
D. DOYLE, AGENT, USE 1678 HERTEL FOR A TAKE OUT RESTAURANT AND SIDEWALK CAFÉ
IN THE HERTEL AVE DISTRICT (DEL)(HRG 6/28)
REFERRED TO THE COMMITTEE ON LEGISLATIO AND THE CITY PLANNING BOARD
NO. 1513
P. MORINO, OWNER, USE 1318 HERTEL FOR OPERATION OF TAVERN AND SIDEWALK CAFÉ
WITH ENCROACHMENT ON ROW IN THE HERTEL AVENUE DISTRICT (DEL)(HRG 6/28)
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
NO. 1514
N. SPENCE, OWNER, USE 2022 GENESEE TO RE-ESTABLISH A RESTAURANT IN THE
GENESEE/EAST DELAVAN SPECIAL DISTRICT (LOV)(HRG 6/28)
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
NO. 1515
M. CROCE, OWNER, USE 204 FRANKLIN TO ERECT A TEMPORARY AND REMOVABLE
ENCLOSED SIDEWALK PATIO ON CITY ROW (ELL)(NO HRG)
Mr. Rivera 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. Croce, Owner, to erect a temporary and removable enclosed sidewalk patio 11’ x
55’ on a City right-of-way, located at 204 Franklin, upon the following conditions:
1. Tables must be constantly cleaned and cleared of debris by employees of the establishment in order to avoid litter
2. Chairs must be removed from patio after closing hours to avoid trespassers or affixed, positioned or secured in such a way that would prevent
their use.
3. No outside music
4. Outdoor trash receptacles must be covered
5. If patio is not clearly visible from the inside of the establishment by staff, some sort of visual monitoring device must be used to monitor patio
activities.
PASSED/COND
AYES 9, NOES 0
NO. 1516
D. KRAHLING & O-STOPY THE NOISE AND DUST POLLUTION 300 GREENE ST(LOV)
Copy available for review in the City Clerk’s Office
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
CIVIL SERVICE
(RASHEED N.C. WYATT, CHAIRPERSON)
NO. 1517
APPOINT SUPERVISING AUDITOR(PERM)(MAX)(RUSNAK)(COMPT)
(CCP# 16-1300, 06/7)
Mr. Wyatt moved:
That Communication 1300 of June 7, 2016, be received and filed and that the Permanent appointment of, John L. Rusnak, 64 Brinton St, Buffalo,
NY 14214 to the Position of Supervising Auditor at the Maximum Salary of $ of $66,683.00 is hereby approved.
PASSED
AYES-9 NOES-0
NO. 1518
APPOINT POLICE CAPTAIN(TEMP)(WRIGHT)(POL)
(CCP# 16-1324, 06/7)
Mr. Wyatt moved:
That Communication 1324 of June 7, 2016, be received and filed and that the appointment of, Alphonso Wright, 75 Courtland Ave Lower St,
Buffalo, NY 14215 to the Position of Police Captain at the flat salary of $92,271
PASSED
AYES-9 NOES-0
NO. 1519
APPOINT POLICE LIEUTENANTS(PERM)(SMITH, NIGRELLI)(POL)
(CCP# 16-1325, 06/7)
Mr. Wyatt moved:
That Communication 1325 of June 7, 2016, be received and filed and that the appointments of, Vickie L. Smith, 325 Baine Ave, Buffalo, NY 14215
and Peter C Nigrelli, 160 Bloomfield Ave, Buffalo, NY 14220 to the Position of Police Lieutenant at the flat salary of $81,343.00
PASSED
AYES - 9 NOES – 0
NO. 1520
APPOINT POLICE LIEUTENANTS(CONT PERM)(BARCZAK, STOVER-KELLY, SULLIVAN)(POL)
(CCP# I6-1326, 06/7)
Mr. Wyatt moved:
That Communication 1326 of June 7, 2016, be received and filed and that the Contingent Permanent appointments of, David J. Barczak, 12 Daisy
Lane, Orchard Park, NY 14127, Valerie Stover-Kelly, 68 Allenhurst Road, Buffalo, NY 14214, Michael R. Sullivan, 3338 Countryside Lane,
Hamburg, NY 14075, to the Position of Police Lieutenant at the flat salary of $81,343.00
PASSED
AYES-9 NOES-0
NO. 1521
APPOINT DETECTIVES(PERM)(KROSS, BARNES, PASZKIEWICZ, MORDINO, SHEA)(POL)
(CCP# 16-1327, 06/7)
Mr. Wyatt moved:
That Communication 1327 of June 7, 2016, be received and filed and that the Permanent appointments of, Eric J. Kross, 102 Krakow St, Buffalo,
NY 14206, Jeffrey T. Barnes, 3 Indian Orchard Place, Buffalo, NY 14210, Joseph E. Paszkiewicz, 304 Okell St, Buffalo, NY 14220 Christopher M.
Mordino, 128 Dale Drive, Tonawanda, NY 14150, Anthony O. Shea, 19 Susan Lane, Buffalo, NY 14220 to the Position of Detective at the flat salary
of $73,486.00
PASSED
AYES - 9 NOES – 0
NO. 1522
ND
APPOINT LABORER II(PERM)(2STEP)(GORDEN-REED)(POL)
(CCP# 16-1328, 06/7)
Mr. Wyatt moved:
That Communication 1328 of June 7, 2016, be received and filed and that the Permanent appointment of, Felicie Gordon-Reed, 36 Freeman St,
nd
Buffalo, NY 14215 to the Position of Laborer II at the 2step salary of $23,583.00
PASSED
AYES-9 NOES-0
NO. 1523
ND
APPOINT CLERK SPANISH SPEAKING(PROV)(2STEP)(CALCAUO)(EDPI)
(CCP# 16-1329, 06/7)
Mr. Wyatt moved:
That Communication 1329 of June 7, 2016, be received and filed and that the Provisional appointment of, Johanan Calcano, 180 Grant St, Buffalo,
nd
NY 14213 to the Position of Clerk Spanish Speaking at the 2step salary of $34,572,00
PASSED
AYES - 9 NOES – 0
NO. 1524
NOTICES OF APPOINTMENTS-TEMP/PROV/PERM(CTY CLK)
(CCP#16-1335, 06/07)
Mr. Wyatt moved:
That the above item be the same and hereby is Received and Filed
ADOPTED
NO. 1525
APPOINT COMMUNICATION & COMMUNITY RELATIONS ASST COORD(LINSTEDT)(MAYOR
(C.C.P. 15-2424, DEC 8)
That the above item be and hereby is referred to the Common Council with a recommendation for Approved:
Mr. Wyatt now moves that the above item be recommitted to the Committee on Civil Service.
ADOPTED
NO. 1526
CREATE CIVIL SERVICE RESIDENCY INSPECTOR POSITION(EXC RES'S)(SCANLON,ETC)
(C.C.P. 15-896, APR 28)
That the above item be and hereby is referred to the Common Council with a recommendation for Approval:
Mr. Wyatt now moves that the above item be recommitted to the Committee on Civil Service.
ADOPTED
NO. 1527
D. PRIDGEN-LETTER CONCERNING CARIOLE HORNE
(C.C.P. 15-375, FEB 17)(#14-1610, 7/22)
That the above item be and hereby is referred to the Common Council with a recommendation for Received and Filed:
Mr. Wyatt now moves that the above item be recommitted to the Committee on Civil Service.
ADOPTED
NO. 1528
D. PRIDGEN-C. HOME-STATEMENT REGARDING INJURY WHILE ON DUTY
(C.C.P. 14-2536, DEC 23)
That the above item be and hereby is referred to the Common Council with a recommendation for Received and Filed:
Mr. Wyatt now moves that the above item be recommitted to the Committee on Civil Service.
ADOPTED
NO. 1529
D. PRIDGEN-LETTERS OF SUPPORT FOR C. HORNE
(C.C.P. 14-2537, DEC 23)
That the above item be and hereby is referred to the Common Council with a recommendation for Received and Filed:
Mr. Wyatt now moves that the above item be recommitted to the Committee on Civil Service.
ADOPTED
NO. 1530
REVIEW OF 2006 POLICE INCIDENT
(C.C.P. 14-1209- DEC 9)(CCP #2, SS 718/2014)(SS)
That the above item be and hereby is referred to the Common Council with a recommendation for Received and Filed:
Mr. Wyatt now moves that the above item be recommitted to the Committee on Civil Service.
ADOPTED
FINANCE
(RICHARD A. FONTANA, CHAIRPERSON)
NO. 1531
REQUEST FOR DETAILED REPORT ON BMHA MONEY OWED TO THE CITY(CP)
(CCP#16-703, 03/29)
Mr. Fontana moved:
That the above item be the same and hereby is Received and Filed
ADOPTED
NO. 1532
REQUEST FOR INFORMATION ON MONEY OWED (CP)
(CCP#16-704, 03/29)
Mr. Fontana moved:
That the above item be the same and hereby is Received and Filed
ADOPTED
COMMUNITY DEVELOPMENT
(JOSEPH GOLOMBEK JR., CHAIRPERSON)
NO. 1533
2016 ANNUAL ACTION PLAN BUDGET (STRAT PLAN)
(ITEM NO. 1295, C.C.P., JUNE 7, 2016)
Mr. Golombek moved:
That the above item be, and the same hereby is, returned to the Common Council without recommendation;
Mr. Golombek moved that the above item be recommitted to the Committee on Community Development
ADOPTED
NO. 1534
PERMISSION TO DESIGNATE DEVELOPER - 201 ELLICOTT STREET (ELL)(STRAT PLAN)
(ITEM NO. 1297, C.C.P., JUNE 7, 2016)
Mr. Golombek 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 designates Ciminelli Real Estate as Developer, located at 350 Essjay Road, #101, Buffalo, New York 14221
(herein after "Developer"), and/or a corporation, partnership or other legal entity to be designated by the Ciminelli Real Estate as Developer
(hereinafter "Designee") and approved by the Executive Director of the City of Buffalo, Office of Strategic Planning as Developer for a mixed use
development project that includes a full line grocery store, significant residential element and a required parking ramp, located at 201 Ellicott Street
(the "Property") subject to but not limited to the following terms and conditions:
A. The designation will expire in six (6) months from the date the Common Council approves the designation, unless at the sole discretion of the
Executive Director of the Office of Strategic Planning deems it necessary to extend the designation for one (1) additional six (6) month term.
B. Payment of a designation fee of Fifteen Thousand Dollars ($15,000.00) per month by Developer and/or Designee to the City, payable within five
(5) days from the date of Common Council approval of the designation and due thereafter the first day of every month.
C. That the Developer and/or Designee has agreed to use its best efforts to pursue a minority workforce goal of 25%, a woman workforce goal of
5%, a minority owned business enterprise (MBE) utilization goal of 25% and woman owned business enterprise (WBE) utilization goal of 5% of the
project construction cost, to the extent that it is economically and technically feasible to do so.
D. That the Developer and/or Designee has agreed, through business tenants of their project, to give preference to persons residing within the limits
of the City of Buffalo when filling employment vacancies or hiring new employees, in accordance with the City's desire to promote development of
business within the City of Buffalo and/or increase employment opportunities for Buffalo residents.
E. Developer and/or Designee agrees to schedule and meet bi-weekly with the City of Buffalo Project Team beginning one week from the date the
designation letter is signed by the City.
F. The Developer and/or Designee agrees to work with Erie Community College during the designation period to identify space needs that could be
incorporated in the project.
G. In the event Developer and/or Designee shall exercise its option to acquire said property pursuant to the Contract of Sale, said Designation Fee
shall be applied as a credit towards the purchase price. In the event Developer and/or Designee shall not proceed with the acquisition of the
Property within the designation period or in the event a mutually satisfactory Land Disposition Agreement ("LDA') cannot be agreed upon, Developer
and/or Designee shall forfeit all fees paid on account, the City shall retain all such fees and the Developer and/or Designee shall have no further
rights with respect to the Property.
H. That the Developer and/or Designee agrees to sign a full Environmental Release and Indemnity Agreement releasing the City of Buffalo from any
and all liability, said documents to be in form and substance acceptable to the City in the City's sole discretion.
I. Individuals and/or corporations having outstanding taxes, water bills, parking tickets, user fee and/or demolition liens or any other liens owed to the
City of Buffalo, or if code violations exist on any property owned by them will not be eligible for designation.
J. The successful negotiation of a Land Disposition Agreement (LDA) for approval by the Common Council no later than twelve (12) months from
the date the Common Council approves the designation to include the following:
1. Upon signing of the contract for sale, there shall be a payment by the Developer and/or Designee to the City of Buffalo a non-refundable deposit
in the amount often percent (10%) of the agreed upon Purchase Price. The Purchase Price to be established in accordance with Article 27 of the
City of Buffalo Charter.
2. Submission by the Developer and/or Designee of a detailed site plan of the project for the property at 201 Ellicott Street for approval by the City of
Buffalo Planning Board (if necessary) and construction plans, including landscaping and a breakdown of estimated total project costs, for review
and approval by the City.
3. Said plans shall also be in accordance with Article XXVII of the Zoning Ordinance of the City of Buffalo.
4. Submission of a colored rendering of the Project suitable for presentation to the City of Buffalo Common Council which shall be submitted by the
Developer and/or Designee to the Office of Strategic Planning, Division of Real Estate, prior to entering a contract of sale and prior to Common
Council approval.
5. Submission by the Developer and/or Designee to the Office of Strategic Planning, Division of Real Estate of evidence of equity capital and
mortgage financing necessary for the completion of the Project which shall be submitted prior to closing.
6. That the contract of sale will require that the Developer and/or Designee agrees to provide the City of Buffalo and any other affected utility
company with any easements, rights and access agreements, that may be necessary, satisfactory to the City and any other affected utility company
in their sole discretion.
K. That the Developer and/or Designee has agreed to be committed to fulfilling the policies of the City in regard to non-discrimination and affirmation
action.
L. Developer and/or Designee is responsible for performing soil borings and soil investigations and any other tests, investigations, or surveys
consistent with, and subject to, execution and compliance with an Access, Indemnification and Insurance Agreement, by each and every Contractor
hired by Developer and/or Designee that will access the Property, for the purpose of determining, to Developer's and/or Designee's satisfaction, the
suitability of the Property for Developer's and/or Designee's intend use, and/or the presence or absence of hazardous substances as such term is
used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, (C.E.R.C.L.A.) 42 USC ss 9601 et
seq.; the Hazardous Materials Transportation Act, as amended, 49 USC ss 1801 et seq.; the Resource Conservation and Recovery Act, as
amended, 42 USC ss 6901 et seq.; Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state or local
law, regulation, rule, ordinance, by-law, policy guidance, procedure, interpretation, decision, order, rule or directive, whether existing as of the date
hereof, previously enforced or subsequently enacted. The Access Agreement and evidence of insurance saving the City of Buffalo harmless from
any and all liability must be approved as to form by the City of Buffalo's Corporation Counsel's Office and signed by the City of Buffalo prior to any
and all Contractors accessing the Property.
M. The designation and the contract of sale shall be subject to any and all other terms and conditions that the City of Buffalo Corporation Counsel's
Office deems necessary.
N. The City of Buffalo may terminate this designation should the Developer and/or Designee fail to meet any of the deadlines, terms and conditions
set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure by the Developer and/or
Designee to comply with the above conditions, the City will give written notice to the Developer and/or Designee via certified mail and allow the
Redeveloper two (2) weeks to cure.
That the Common Council hereby approves the designation of Ciminelli Real Estate, with a mailing address of 350 Essjay Road, # 101, Buffalo,
New York 14221, and/or a corporation, partnership, or other legal entity to be designated by Developer and approved by the City of Buffalo,
Executive Director of the Office of Strategic Planning, as Developer of the above referenced Property on the above terms and conditions; and that
the Common Council hereby authorizes the Corporation Counsel's Office to prepare the necessary Contract of Sale/LDA and any other necessary
agreements for the conveyance of the Property to the Developer and/or Designee for the development of the project on the Property; and that the
Contract of Sale//LDA and purchase price be forwarded to the Common Council for final approval prior the transfer of title.
PASSED
AYES 9, NOES 0
LEGISLATION
(CHRISTOPHER P. SCANLON, CHAIRPERSON)
NO. 1535
PROPERTY MANAGEMENT LICENSE 266 ELMWOOD AVENUE (ELL) (DPIS)
(ITEM NO. 1331, C.C.P., JUNE 7, 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 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 Norman Scott Peters d/b/a Carousel Development Corp., 266
Elmwood Avenue.
PASSED
AYES 9, NOES 0
NO. 1536
A. MOHAMAD, OWNER, TO USE 3178 BAILEY TO CONVERT AN EXISTING TAVERN TO A DELI/TAKE OUT/ICE
CREAM SHOP AND STORE (UNIV)(DPIS)
(ITEM NO. 1349, C.C.P., JUNE 7, 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 A. Mohamad, Agent, to convert an existing tavern on the first floor of a 2-story mixed
used frame building to a dell/take out/ice cream shop and store, located at 3178 Bailey.
PASSED
AYES 9, NOES 0
NO. 1537
J. WILCOX, AGENT, TO USE 1306 HERTEL TO REPLACE AN EXISTING SIGN (DEL)(DPIS)
(ITEM NO. 1352, C.C.P., JUNE 7, 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. Wilcox, Agent, to replace an existing ground sign with a 6' x 8' ground sign on a
right-of-way, located at 1306 Hertel.
PASSED
AYES 9, NOES 0
NO. 1538
D. WARFE, OWNER, TO USE 523 MAIN FOR AN OUTDOOR CAFE ON THE FRONT OF AN
EXISTING RESTAURANT ON THE RIGHT-OF-WAY (ELL)(DPIS)
(ITEM NO. 1353, C.C.P., JUNE 7, 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 D. Warfe, Owner, to place a 10' x 9' outdoor card in the front of an existing restaurant
on a right-of-way, located at 523 Main.
PASSED
AYES 9, NOES 0
NO. 1539
ORDINANCE AMENDMENT- CHAPTER 16: FINANCE (ITEM NO. 1415, C.C.P., JUNE 7, 2016)
Mr. Scanlon moved:
That the above item be, and the same hereby is, returned to the Common Council with recommendation for approval;
That Chapter 16, Article II, of the Code of the City of Buffalo, as it relates to Claims be amended as specified in the attached Ordinance
Amendment.
PASSED
AYES 9, NOES 0
NO. 1540
ORD AMEND-CH 511 ZONING-GATES CIRCLE SPECIAL ZONING DISTRICT(PRIDGEN)
(C.C.P. #16-1416, JUNE 7)
That the above item be and hereby is referred to the Common Council with a recommendation for Approval:
Mr. Scanlon now moves that the above item be Received and Filed.
ADOPTED
NO.1541
M. ROMANOWSKI, AGENT, TO REZONE 854 ELLICOTT FROM A MIXED R3 AND CM TO A CM (ELL)(DPIS)
(ITEM NO. 1390, C.C.P., JUNE 7, 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. Romanowski, Agent, to rezone 854 Ellicott from a mixed R3 and CM to a CM.
PASSED
AYES -9 NOES -0
NO. 1542
M. SUTTON, AGENT, TO REZONE R2 TO C2 - 23, 25, 29, 31 KILHOFFER AND 10 AND 14 ZENNER FOR CONSTRUCTION OF RETAIL
BUILDING AND PARKING FOR 30 VEHICLES (FILL)(DPIS) (ITEM NO. 1399, C.C.P., JUNE 7, 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. Sutton, Agent, to rezone 23, 25, 29 and 31 Kilhoffer and 10 and 14 Zenner from
R2 to C2 for the construction of retail building and parking for 30 vehicles.
PASSED
AYES - 9 NOES - 0
NO. 1543
CREATE SPECIAL ZONING DISTRICT FOR GATES CIRCLE(PRIDGEN) (C.C.P. #16-1400, JUNE 7)(#16-1003,4/26)
Mr. Scanlon now moves that the above item be Received and Filed.
ADOPTED
NO. 1544
PROPERTY MANAGEMENT LICENSE - 140 LINWOOD #B2 (ELL) (DPIS)
(ITEM NO. 1208, C.C.P., MAY 24, 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 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 Jacob Lea-Kelly, 140 Linwood Avenue, #B2.
PASSED
AYES - 9 NOES -0
NO. 1545
T. VAETH, AGENT, TO USE 1176 SOUTH PARK TO ERECT A 2 STORY MASONRY OFFICE/RETAIL (WITH DRIVE THROUGH) BUILDING
AT VACANT LAND IN THE BUFFALO COASTAL SPECIAL REVIEW DISTRICT (SOUTH)(DPIS) (ITEM NO. 1081, C.C.P., MAY 10, 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 T. Vaeth, Agent, to use 1176 South Park to erect a 2 story masonry office/retail (with
drive through) building at vacant land in the Buffalo Coastal Special Review District.
PASSED
AYES - 9 NOES - 0
NO. 1546
L. BRANDON, AGENT, TO USE 975 FUHRMANN BLVD. TO ERECT A 23 STORY MIXED USE BUILDING
(SOUTH)(DPIS)
(ITEM NO. 962, C.C.P., APR. 26, 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 L. Brandon, Agent, to use 975 Fuhrmann Boulevard to erect a 23 story mixed use
building.
PASSED
AYES-FEROLETO, FONTANA, PRIDGEN, SCANLON, WINGO, WYATT 6
NOES-FRANCZYK, GOLOMBEK, RIVERA 3
NO. 1547
J. REINHART, AGENT, USE 742 DELAWARE FOR A GROUND SIGN IN A R5 ZONING DISTRICT(ELL)(HRG 4/5)
(C.C.P. #16-754, MAR 29)
Mr. Scanlon now moves that the above item be Received and Filed.
ADOPTED
NO. 1548
PROHIBIT USE OF SIGNATURE STAMP ON PAYROLL DOCUMENTS(EXC RES)(PRIDGEN)
(C.C.P. #16-528, MAR 15)
Mr. Scanlon now moves that the above item be Received and Filed.
ADOPTED
NO. 1549
USED CAR DEALER - 1 REX (MASTEN)(DPIS) (ITEM NO. 95, C.C.P., JAN. 19, 2016)
Mr. Scan\]on 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 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 Damoin Archie d/b/a Wrecks Auto, located at 1 Rex.
PASSED
AYES - 9 NOES - 0
NO. 1550
A. GIACALONE-GREEN CODE AND MCCARLEY GARDENS (C.C.P. #16-108, JAN 19)
Mr. Scanlon now moves that the above item be Received and Filed.
ADOPTED
NO. 1551
USED CAR DEALER 1625 FILLMORE (MASTEN)(DPIS) (ITEM NO. 96, C.C.P., JAN. 19, 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 Brenetta Mixon d/b/a BP Global Funds Inc., for a used car dealer license, located at
1625 Fillmore.
DENIED.
AYES – 9 NOES -0
NO. 1552
FOOD STORE LICENSE (NEW) - 950 EAST FERRY (MASTEN)(DPIS) (ITEM NO. 1982, C.C.P., SEPT. 29, 2015)
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 approves the application of Jabr Abdulmajid d/b/a WNY Brothers Enterprises Inc., to
operate a food store located at 950 East Ferry upon the following conditions:
• "No Loitering" signs to be posed
• No payphones outside of the store
• No outside signage advertising tobacco, gambling (lottery) or alcohol
• No spray-painted or air-brushed signage on building
• All graffiti must be removed within 72 hours
• All mechanical equipment must be in working order
• No selling of loose cigarettes
• No vehicles to be parked on sidewalks
• No blocking of windows
• No alcohol unless approved by the District Council Office
• Hours of operation shall be 9:00 a.m. to 11:00 p.m.
• Any broken windows must be repaired within 72 hours
• No smoking in the building
• Store owners are required to attend Neighborhood Association Meetings
PASSED W/COND
AYES -9 NOES - 0
RESOLUTIONS
NO. 1553
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. All 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., HerteI-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:
1. The Festival shall be conducted on Hertel Avenue from July 14th, through July 17th, 2016, between the hours of 12:00 AM and 10:00 PM, with
Tuesday, July 12th, 2016 after 6:00 PM and Wednesday, July 13th, 2026 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. Approval Process: Only food and non-food vendors approved in accordance with the Greater Buffalo Italian Heritage and Food Festival will be
permitted to participate in the event area defined above.
9. Food Concessionaires and Vendors: only food concessionaires and vendors approved in accordance with the Festivals application and selection
process will be permitted to participate in the event area defined above. Food concessionaires and vendors will not be permitted outside of the event
area.
10. Except as herein provided, there shall be no other participants within the event area during the event whether on public streets or out-of-doors on
adjacent property, "Participants" are defined as, but not limited to: exhibitors, concessionaires, vendors, and performers, individuals engaged in
promotional activities, fundraisinactivities, displays of goods or otherwise, performances are prohibited within the festival area.
8
21. Compliance with Existing Laws, notwithstanding the above, Participants, concessionaires and vendors are required to comply with all applicable
city, county, and state licensing and health code requirements. Nothing herein is intended to limit the lawful operation of sidewalk cafe's operating in
accordance with section 423-59 of the Charter & Code of the City of Buffalo. 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 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 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 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. 1554
SPONSOR: COUNCILMEMBER FEROLETO
WAIVE BUILDING PERMIT FEES FOR THE BUFFALO ZOO'S MAIN ANIMAL BUILDING ROOF REPLACEMENT
WHEREAS, The Buffalo Zoo is in the process of raising money to fund the renovation of the Reptile House at the Buffalo Zoo and replace the
damaged roofs on the Vanishing Animals North and South wings on the Main Animal Building and Reptile House Roof; and,
WHEREAS, Once completed, the renovated Reptile House will serve as a major animal exhibit for visitors during their Zoo adventure and the
replaced roofs on Vanishing Animals North and South will protect the holding areas to one of the newer exhibits built at the Zoo; and,
WHEREAS, The roof replacements are being partially funded by the City of Buffalo; and,
WHEREAS, at this time, the Buffalo Zoo has raised the money to pay for the architecture / design of the above referenced projects and they are
requesting that the City waive all Building Permit fees associated with their Roof Replacement Projects; and,
WHEREAS, it is in the City's best interest to ensure the future viability of the Buffalo Zoo, and by waiving all Building Permit fees associated with
their roof replacement projects, the City will be helping to make these projects financially viable thereby strengthening one of our oldest and most
important city and regional assets; and,
NOW, THEREFORE BE IT RESOLVED:
That the Common Council does hereby respectfully request that the appropriate City of Buffalo Departments and Boards waive all Building Permit
fees associated with the Buffalo Zoo's roof replacement projects for the Main Animal Building.
BE IT FINALLY RESOLVED:
PASSED
AYES – 9 NOES – 0
NO. 1555
SPONSOR: JOEL P. FEROLETO
RE: WAIVE SPECIAL EVENT SANITATION FEE FOR NORTH BUFFALO FARMER'S MARKET
nd th,
Whereas, The North Buffalo Farmer's Market will be held on Hertel Avenue on Thursdays beginning June 2through October 272016; 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 Sanitation Fee for the North Buffalo Farmer's Market.
Be it Further Resolved:
That the Common Council hereby waives the Special Event Garbage Pick-up fees for the event's duration, and that a copy of this resolution be sent
to the Department of Special Events, and the Department of Public Works.
PASSED
AYES – 9 NOES -0
N0 1556
BY: MR. FONTANA
APPOINTMENT MARRIAGE OFFICER
Pursuant to Chapter 49 of the laws of New York (1988), 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 Gabriel Casillas as a Marriage Officer for a period expiring
9/30/2016.
ADOPTED.
NO. 1557
BY: MR. FONTANA
TRANSFER OF FUNDS-BROADWAY MARKET KITCHED & FLOOR CONST
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 $74,000
To
30322406-445100 Broadway Market Kitchen & Floor Construction $74,000
PASSED
AYES – 9 NOES - 0
NO. 1558
BY COUNCIL MEMBER FONTANA
SUBPOENA BUFFALO REUSE
Whereas, on April 5, 2016, Lovejoy District Council Member Richard Fontana
filed a resolution titled "Blighted Property Inquiry - 2oo8 Genesee St.";
Whereas, the resolution calls on Buffalo ReUse, Inc. to "implement a regular and
effective property maintenance plan for the property at 2o08 Genesee St. and to respond to this inquiry with a plan of action and future intentions for
the property";
Whereas, Buffalo ReUse has not made any plans to implement a regular and effective
property maintenance plan, nor have they responded to the resolution either n writing or in person: Now, Therefore Be It
Resolved that The City of Buffalo Common Council--
1) under section 3-70 of the City of Buffalo Charter, the Common
Council directs Corporation Counsel to subpoena Vincent Kuntz, President of Buffalo ReUse.
ADOPT AND REFERRED TO THE CORPORATION COUNSEL
NO. 1559
BY: MR. FONTANA
TRANSFER OF FUNDS-MICHIGAN ARCHWAY STUDY & 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 $55,000
To:
Michigan Archway Study & Design $55,000
PASSED
AYES – 9 NOES - 0
NO. 1560
BY: MR. FONTANA
WAIVER OF HABITAT FOR HUMANITY LICENSE AND CURB CUT FEES FOR FISCAL YEAR 2016-17
Whereas Habitat for Humanity Buffalo has an excellent reputation as a 501(c)(3) not-for-profit organization that provides decent and affordable
housing for people in Buffalo; and
Whereas The Habitat for Humanity volunteer workforce continues to rehabilitate older. homes and build new ones to strengthen the City of Buffalo
by increasing home ownership and creating additional property tax revenue; and
Whereas Waiving permit and license fees for the fiscal year 2016-17 will directly reduce their overhead costs and free up construction dollars that
can be used to complete additional projects.
Now, Therefore, Be It Resolved:
The Common Council of the City of Buffalo hereby requests the Department of Permit and Inspection Services and the Department of Public Works
waive any and all Construction Fees, Contractor License Fees, Demolition License Fees, and Curb Cut Fees for Habitat for Humanity Buffalo for the
2016-17 fiscal year.
Be It Further Resolved:
A copy of this resolution shall be forwarded to the Commissioner of the Department of Permit and Inspection Services and the Commissioner of the
Department of Public Works.
PASSED
AYES – 9 NOES – 0
NO. 1561
SET PUBLIC HEARING ABANDONMENT AND SALE RESULTS
OF NEGOTIATIONS ALLEY BETWEEN MASSACHUSETTS AND
RHODE ISLAND AND CHENANGO AND NINETEENTH STREETS
WHEREAS: The City of Buffalo, Office of Strategic Planning, Division of Real
Estate has received a request from the following individuals to purchase a portion of the Alley as follows:
1. The owner of 41 & 49 Massachusetts, Joseph R. Galvin would purchase the portion of the Alley running behind 41, 45 & 49 Nineteenth Street
(approximately 83 x 12 and a piece 10 x 10 for a total of 1,096 sq. ft. for of $876.00.
2. The owner of 72 Chenango, Margaret Dagonese would purchase a 30 x 6' parcel behind her home in the amount of $144.00.
The owner of 68 Chenango, MJM Buffalo Holdings LLC would purchase would purchase approximately a 53 x 6 and half of the 10 x 10 or
approximately 368 sq. ft. parcel behind their property for $295.00.
4. The owner of 482 Rhode Island, Christina D'Angelo and Jane Marcotte would purchase 62 x 12 portion behind their property for $595.00.
5. The owner of 474 & 476 Rhode Island, Westside Restoration ' LLC would purchase approximately 60 x 12 portion behind their property for
$576.00.
6. The owners of 15 & 19 Nineteenth Street, Holly Christiano would purchase 83 x 6 (498 sq. ft.) + a triangular portion 50 sq. ft. for a total of 548 sq.
ft. for $438.00, and
Whereas Howard Schultz, Appraiser was commissioned to estimate the fair market value of the properties. Said appraisal was reviewed and
approved by the City of Buffalo's Appraisal Review Board. As a result all of the above mentioned Buyers have agreed to pay $.80 per square foot for
the portion of the Alley that will be transferred to them respectively; and
WHEREAS: The abandonment/sale and results of negotiations have been
submitted to the Common Council for approval, in accordance with Article 27.5 of the City Charter, pending a Public Hearing; and
In accordance with standard abandonment procedures, it requires a five day notice of a public hearing to be marked "Notice of Hearing" with
reference to such change in the official map and shall be published at least once in an official publication of said city or in a newspaper of general
circulation therein.
NOW, THEREFORE, BE IT RESOLVED:
That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 24
day of June 2016; and.
Be it further resolved:
That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on
the 5th of July 2016.
ADOPTED
NO. 1562
BY: COUNCILMEMBER DAVID A. FRANCZYK
APPROVAL OF THE ABANDONMENT AND SALE AND THE REPORT OF SALE OF ALLEY BETWEEN MASSACHUSETTS AND RHODE
ISLAND AND CHENANGO AND NINETEENTH STREETS TO ADJOINING PROPERTY OWENRS AS FOLLOWS:
1. The owner of 41 & 49 Massachusetts, Joseph R. Galvin would purchase the portion of the Alley running behind 41, 45 & 49 Nineteenth Street
(approximately 83 x 12 and a piece 10 x 10 for a total of 1,096 sq. ft. for of $876.00.
2. The owner of 72 Chenango, Margaret Dagonese would purchase a 30 x 6' parcel behind her home in the amount of $144.00.
3. The owner of 68 Chenango, MJM Buffalo Holdings LLC would purchase would purchase approximately a 53 x 6 and half of the 10 x 10 or
approximately 368 sq. ft. parcel behind their property for $295.00.
4. The owner of 482 Rhode Island, Christina D'Angelo and Jane Marcotte would purchase 62 x 12 portion behind their property for $595.00.
5. The owner of 474 & 476 Rhode Island, Westside Restoration LLC would purchase approximately 60 x 12 portion behind their property for
$576.00.
6. The owners of 15 & 19 Nineteenth Street, Holly Christiano would purchase 83 x 6 (498 sq. ft.) + a triangular portion 50 sq. ft. for a total of 548 sq.
ft. for $438.00, and
Whereas: The City of Buffalo, Office of Strategic Planning, Division of Real Estate has recommended that the Common Council approve the
abandonment and sale of the Alley Between Massachusetts and Rhode Island and Chenango and Nineteenth Streets to the above referenced
property owners; and
Whereas: Howard P. Schultz, Appraiser has estimated the fair market value of the subject properties to be $.80 per square foot. The City of Buffalo
Appraisal Review Board has reviewed the appraisal and concurs with the Appraiser's estimates of value; and
Whereas: The City Clerk has published a Notice of Public Hearing, as required by Chapter 21, Article 3, Section 29 of the General City Law.
NOW, THEREFORE, BE IT RESOLVED:
That after the public hearing is held and providing there are no significant objections, that the City of Buffalo, Office of Strategic Planning, Division of
Real Estate, in accordance with Article 27, Section 27-5 of the City Charter is authorized to abandon and sell the Alley between Massachusetts and
Rhode Island and Chenango and Nineteenth Streets as follows:
The owner of 41 & 49 Massachusetts, Joseph R. Galvin would purchase the portion of the Alley running behind 41, 45 & 49 Nineteenth Street
(approximately 83 x 12 and a piece 10 x 10 for a total of 1,096 sq. ft. for of $876.00.
1. The owner of 72 Chenango, Margaret Dagonese would purchase a 30 x 6' parcel behind her home in the amount of $144.00.
2. The owner of 68 Chenango, MJM Buffalo Holdings LLC would purchase would purchase approximately a 53 x 6 and half of the 10 x 10 or
approximately 368 sq. ft. parcel behind their property for $295.00.
3. The owner of 482 Rhode Island, Christina D'Angelo and Jane Marcotte would purchase 62 x 12 portion behind their property for $595.00.
4. The owner of 474 & 476 Rhode Island, Westside Restoration LLC would purchase approximately 60 x 12 portion behind their property for
$576.00.
5. The owner of 474 & 476 Rhode Island, Westside Restoration LLC would purchase approximately 60 x 12 portion behind their property for
$576.00.
6. The owners of 15 & 19 Nineteenth Street, Holly Christiano would purchase 83 x 6 (498 sq. ft.) + a triangular portion 50 sq. ft. for a total of 548 sq.
ft. for $438.00, and
The abandonment and sale and the report of sale is subject to the following conditions:
1. The Planning Board recommends and approves the abandonment and sale of the Alley between Massachusetts, and Rhode Island and
Chenango and Nineteenth Streets.
2. Providing there are no significant objections voiced or raised at or from the public hearing, published and held by the Common Council.
3. All of the Buyer's purchasing a portion of said Alley agrees to pay for all costs, if any deemed necessary, associated with any and all removal,
relocation and/or decommissioning of any utilities/facilities that should arise from this Project;
4. All of the Buyer's purchasing a portion of said Alley agrees to sign a Release and Indemnity Agreement releasing the City of Buffalo from any and
all liability, said document to be in form and substance acceptable to the City in the City's sole discretion;
5. All of the Buyers agree to provide any and all easements deemed necessary by the City of Buffalo Corporation Counsel's Office.
6. All of the Buyer's purchasing a portion of the Alley further agrees to any and all other terms deemed necessary by the City of Buffalo Corporation
Counsel's Office;
7. The official closing/abandonment of the right of way to be sold will not become effective until the deed from the City conveying title to the right of
way property is filed in the Erie County Clerk's Office.
8. The closings and transfer of titles with all the Buyer's must occur simultaneously to avoid landlocking a portion of the alley. The only exception
would only be Mr. Galvin, who will not landlock a parcel remaining in the City's name.
9. All of the Buyer's All of the Buyer's purchasing a portion of the Alley have also agreed to pay for all costs associated with the abandonment and
sale and transfer of title including but not limited to ALTA Survey or a survey similar to such, legal descriptions of each parcel being conveyed to
each individual buyer, transfer tax, recording fees and cost to file the deed and any necessary easements
This Honorable Body further hereby:
1. Authorizes the Mayor to execute all the necessary documents including but not limited to the deed in order to effectuate transfer of title of the Alley
between Massachusetts and Rhode Island and Chenango and Nineteenth Streets (such deed to be in form and substance acceptable to the
Corporation Counsels Office and to include Indemnity and Release Agreement as to all site and environmental conditions) to the following
individuals:
a.) The owner of 41 & 49 Massachusetts, Joseph R. Galvin would purchase the portion of the Alley running behind 41, 45 & 49 Nineteenth Street
(approximately 83 x 12 and a piece 10 x 10 fora total of 1,096 sq. ft. for of $876.00.
b.) The owner of 72 Chenango, Margaret Dagonese would Purchase a 30 x.6' parcel behind her home in the amount of $144.00.
c.) The owner of 68 Chenango, MJM Buffalo Holdings LLC would purchase would purchase approximately a 53 x 6 and half of the 10 x 10 or
approximately 368 sq. ft. parcel behind their property for $295.00.
d.) The owner of 482 Rhode Island, Christina D'Angelo and Jane Marcotte would purchase 62 x 12 portion behind their property
for $595.00.
e.) The owner of 474 & 476 Rhode Island, Westside Restoration LLC would purchase approximately 60 x 12 portion behind their property for
$576.00.
f.) The owners of 15 & 19 Nineteenth Street, Holly Christiano would purchase 83 x 6 (498 sq. ft.) + a triangular portion 50 sq. ft. for a total of 548 sq.
ft. for $438.00, and
2. Authorizes pertinent City personnel to enter into such agreements and to take such steps and actions as shall be reasonably necessary to
achieve the purpose and objectives of the deed conveyance and any easement agreements and arrangements, if deemed necessary and
3. Authorizes the Mayor and other pertinent City personnel to take all such steps and actions and to execute and or develop, negotiate and process
the necessary documents and/or modifications thereto as shall be reasonably necessary to facilitate and implement the sale of the Alley for the
benefit of the City.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 1563
IN THE COMMON COUNCIL OF THE CITY OF BUFFALO,
ON JUNE 21, 2016
COUNCIL MEMBER DAVID A. FRANCZYK SUBMITTED THE FOLLOWING RESOLUTION:
“WAIVE PARK PERMIT FEE FOR "SOCCER FOR SUCCESS FAMILY DAY"
Whereas, On Wednesday, June 29, 2016, the Independent Health Foundation is hosting a fourth annual Soccer for Success Family Day at
Waterfront Park located at Village Court and Carolina Street in the City of Buffalo; and
Whereas, This year-end celebration invites families to enjoy a healthy dinner and watch scrimmages from 6-8 pm. Each child will receive an award
at the presentation for their participation in the soccer event.
Now, Therefore Be It
Resolved that The City of Buffalo Common Council-
th,
Request that the Park permit fee be waived for the June 292016 "Soccer for Success Family Day".
Be It Further Resolved:
That copies of this Resolution be forwarded to the Department of Public Works, Parks and Streets.
PASSED
AYES 9, NOES 0
NO. 1564
BY: MR. PRIDGEN AND MR. FEROLETO
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
§ 511-68.9. GATES CIRCLE SPECIAL ZONING DISTRICT.
A. Gates Circle, including the location of the former Millard Fillmore Gates Circle Hospital, as hereafter limited and described shall be known as the
"Gates Circle Special Zoning District."
B. LIMITS AND DESCRIPTION. The Gates Circle Special Zoning District shall include 3 Gates Circle and 1277 Delaware Avenue, bounded by
Lafayette Avenue to the North, Linwood Avenue to the east, and Delaware Avenue to the west, and the southernmost parcel line for 1277 Delaware
Avenue to the south.
C. LEGISLATIVE INTENT
(1) This Common Council finds that, the parcel at 3 Gates Circle is no longer viable as a large hospital and is proposed for redevelopment.
Thoughtful redevelopment of the Site would enhance the existing neighborhood and contribute to the quality of life for residents in the area. Pursuant
to § 511-54 of the Charter and Code of the City of Buffalo, the Common Council finds it appropriate to create a Special Zoning District for the Site to
protect the health, safety and welfare of the nearby residents and ensure the orderly development of the site.
(2) The Common Council therefore finds that future development shall be controlled by the creation of a special zoning district. Unless specifically
stated herein, the requirements of this District shall not supersede any other provisions of this Code.
D. PERMITTED USES
(1) Any of the uses which presently are permitted pursuant to §511-24 "R5 Apartment Hotel Districts," of the Code of the City of Buffalo or which
may be established or extended as a matter of right pursuant to said Code shall be permitted uses in the Gates Circle Special Zoning District.
Additionally, any of the following listed uses or any combination thereof may be established or extended in, this district as a matter of right, if in
compliance with all of the regulations of this chapter:
Any neighborhood retail business or service
Bank, business or professional office
Restaurant, tearoom or café, including those with a State Liquor Authority restaurant license
Public Parking Area
Health and Wellness Center
Data Center
(2) For purposes of this section, a "health and wellness center" shall be defined as an establishment that offers health services for the body and
mind, including, but not limited to exercise and fitness, swimming, personal training, physical therapy, skin care services, nutrition consulting,
chiropractic alternative medicine, acupuncture, or holistic medicine. A "data center" shall be defined as a facility containing a group of networked
computer servers typically used by organizations for the remote storage, processing, or distribution of large amounts of data.
E. RESTRICTED USES.
(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 regulations of this Chapter, but only upon the issuance by the Common Council of a Restricted Use Permit pursuant to 6511-55
of this Chapter:
Any individual Retail business or restaurant, excluding a grocery store and/or a health and wellness center, in excess of 14,000 square feet
A grocery store in excess of 25,000 square feet
A health and wellness center in excess of 50,000 square feet
Total Retail businesses and/or Restaurants within the District (inclusive of a grocery store or health and wellness center) exceeding 136,000 square
feet
Retail businesses or restaurants which have a main pedestrian entrance on Linwood Avenue
(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.
F. HEIGHT AND BULK DENSITY. Height and bulk density regulations shall be as follows:
(1) Not including stories below grade, no building shall be shorter than 2 stories or taller than 10 stories; and
(2) Not including stories below grade, no building along Linwood Avenue may be taller than 3.5 stories for the first 60 feet of depth from the property
line along Linwood Avenue."
B. Lot, area and "card requirements
(1) Lot area not less than 5,000 square feet.
(2) Front yard for commercial building: none along Delaware Avenue, Lafayette Avenue, or any public or private road internal to the Site. The
minimum setback along Linwood Avenue is 10 feet.
(3) Side and rear setbacks shall be no less than 3 feet.
C. All approvals granted for development prior to the enactment of this Special District shall be grandfathered and exempt from any of these
restrictions or requirements.
G. PARKING LOTS. No parking lots for motor vehicles shall be permitted directly in front of structures along Lancaster Avenue, Delaware Avenue,
or Linwood Avenue.
F. 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:
Timothy A. Ball
CORPORATION COUNSEL
NOTE: Matter underlined is new, matter in brackets is to be deleted.
That the above item be, and the same hereby is, returned to the Common Council with recommendation for approval;
Mr. Pridgen moved:
That Chapter 511, Article XVI, of the Code of the City of Buffalo, as it relates to Gate Circle Special Zoning District, be amended as specified in the
Attached Ordinance Amendment; and
That the Common Council, by unanimous vote, certifies the necessity for its immediate passage.
PASSED
AYES 9, NOES 0
NO. 1565
IN THE COMMON COUNCIL OF THE CITY OF BUFFALO,
ON JUNE 21, 2016
COUNCIL MEMBER PRIDGEN SUBMITTED THE FOLLOWING RESOLUTION:
SUBPOENA MOHAMMAD KABIR
Whereas, on January 19, 2016, Ellicott District Council Member Darius Pridgen filed a resolution titled "Property Owner Requested To Appear";
Whereas, the resolution calls on Mohammad Kabir, owner of 413 Sherman Street to "appear before the Common Council's Community
Development Committee on February 2, 2016 to explain what his intentions are for the property";
Whereas, After attempting communication with Mr. Kabir several times, he made it clear that he has no intention of willingly addressing the Common
Council about his intentions for 413 Sherman Street: Now, Therefore Be It
Resolved that The City of Buffalo Common Council--
1) under section 3-70 of the City of Buffalo Charter, the Common Council directs Corporation Counsel to subpoena Mohammad Kabir;
2) Directs the City Clerk to send copies of this resolution to Mohammad Kabir and Corporation Counsel.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE CORPORATION COUNSEL
NO. 1566
IN THE COMMON COUNCIL OF THE CITY OF BUFFALO,
ON JUNE 21, 2O16
COUNCIL MEMBER PRIDGEN SUBMITTED THE FOLLOWING RESOLUTION:
WHEELCHAIR ACCESS TO THE FLOOR OF THE COMMON COUNCIL
Whereas, the Americans with Disabilities Act (ADA) Title II requires that state and local governments give people with disabilities an equal
opportunity to benefit from all of their programs, services and activities;
Whereas, currently the City of Buffalo has no wheelchair access to the chambers floor, often the Council awards and recognizes persons in
wheelchairs from the top of the chambers;
Whereas, state and local governments are required to follow specific architectural standards in the new construction and alteration of their buildings.
They also must provide access in inaccessible older buildings and communicate effectively with people who have hearing, vision, or speech
disabilities: Now, Therefore Be It
Resolved that The City of Buffalo Common Council--
1) Requests the appropriate departments begin exploring options to allow wheelchair access to the Council floor without destroying the historic
nature of the chambers, prior to the capital budget process;
a) Directs the Department of Public Works to collaborate with the Preservation Board and Buffalo Arts Commission, the American Association of
People with Disabilities, the United States Access Board and the Association of American with Disabilities in the design;
3) Consider options such as modifications of a wheelchair elevator in the stairwell behind the chambers
4) Directs the City Clerk to forward copies of this Resolution to the Mayor, Department of Public Works, Buffalo City Planning Board, Preservation
Board, the Commission on Citizens Rights, the American Association of People with Disabilities, the United States Access Board and the
Association of American with Disabilities and the Buffalo Arts Commission.
ADOPT RESOLVES, REFER THE REMAINDER TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 1567
SPONSORED BY: DAVID A. RIVERA, NIAGARA DISTRICT COUNCIL MEMBER
WAIVER OF FEES FOR LEONARDO DA VINCI HIGH SCHOOL SENIOR CLASS PICNIC
Whereas, Buffalo Public School 212, Leonardo da Vinci High School will be hosting their annual senior class picnic located at La Salle Park; and
th,
Whereas, This event will take place on June 102016 from 10:00am to 2:30pm; and
Now, Therefore, Be It Resolved, that the City of Buffalo Common Council approves the waiving of all fees associated with this event; and
Be It Further Resolved, the City Clerk is directed to send a copy of this resolution to the Public Works, Parks & Streets Department and the Mayor's
Special Events Office.
PASSED
AYES 9, NOES 0
NO. 1568
SPONSORED BY: DAVID A. RIVERA, NIAGARA DISTRICT COUNCIL MEMBER
WAIVER OF FEES FOR U.S. NAVAL RESERVE FAMILY PICNIC
Whereas, The United States Naval Reserve will be hosting a picnic for their service members and families located at Front Park; and
th,
Whereas, This event will take place on July 102016 from 8:30am to 3:00pm; and
Now, Therefore, Be It Resolved, that the City of Buffalo Common Council approves the waiving of all fees associated with this event; and
Be It Further Resolved, the City Clerk is directed to send a copy of this resolution to the Public Works, Parks & Streets Department and the Mayor's
Special Events Office.
PASSED
AYES 9, NOES 0
NO. 1569
BY: MR. SCANLON
APPOINTMENT MARRIAGE OFFICER
Pursuant to Chapter 49 of the laws of New York (1988), 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 Mark J. F. Schroeder as a Marriage Officer for a period expiring
12/31/2016.
ADOPTED
NO. 1570
BY: MR. SCANLON
ORDINANCE AMENDMENT
CHAPTER 137. CODE ENFORCEMENT
The Common Council of the City of Buffalo does hereby ordain as follows:
That Chapter 137, CODE ENFORCEMENT, of the Code of the City of Buffalo be amended to read as follows:
Chapter 137. Code Enforcement
GENERAL REFERENCES
Sanitation -- See Ch. 378.
Streets and sidewalks -- See Ch. 413.
Article I. Streets, Sidewalks and Sanitation
§ 137-1. Definitions.
The following terms and words, when used in this Article, shall have meaning and effect as follows:
PERSON
An individual, a partnership, a corporation, a receiver, an association, an executor, an administrator, a trustee, a guardian or an agent.
SIDEWALK
That portion of a street outside of the roadway used or set aside for the use of pedestrians.
STREET
The entire area conveyed, acquired or dedicated to public use and passage. The word "street" shall include in its meaning the words "avenue,"
"alley," "drive," "place" or any other word used to designate the public thoroughfare as above defined.
§ 137-2. Additional jurisdiction of Parking Violations Bureau.
The Parking Violations Bureau shall hear and administratively determine charges of violations of certain provisions of the following chapters of this
Code or of any ordinance later adopted related to streets, sidewalks and sanitation. This additional jurisdiction is conferred by Local Law No. 3 of
.\[1\]
1987, adopted pursuant to Chapter 856 of the Laws of 1986
Chapter 1, General Provisions, Article II
Chapter 66, Air Pollution, Part 2
Chapter 72, Ambulances and Ambulance Drivers
Chapter 78, Animals, Articles I and II
Chapter 91, Bicycle Paths, Article I
Chapter 101, Buildings, Cleaning of
Chapter 107, Buildings, Moving of
Chapter 109, Buildings, Numbering of
Chapter 111, Buildings, Public, Article II
Chapter 116, Burials
Chapter 133, City Property, Article II
Chapter 137, Code Enforcement, Article II
Chapter 158, Diseases, Infectious
Chapter 169, Excavations and Quarries, Articles I and II
Chapter 193, Food and Drugs, Articles I, II, III and V
Chapter 203, Fumigation
Chapter 216, Garbage, Rubbish and Refuse, Articles I, VI, VII and VIII
Chapter 235, Hazardous Materials and Wastes, Articles I and II
Chapter 242, Housing Standards
Chapter 249, Inspections, Article II
Chapter 263, Licenses, Article IV
Chapter 269, Lodging Houses
Chapter 289, Newsstands
Chapter 293, Noise
Chapter 307, Parking and Parking Lots, Article IV
Chapter 316, Peddling and Soliciting, Article IV
Chapter 341, Property Maintenance, Article I
Chapter 356, Rat Control
Chapter 361, Records, Article III
Chapter 370, Restaurants
Chapter 378, Sanitation, Articles I and III
Chapter 391, Slaughterhouses
Chapter 413, Streets and Sidewalks, Articles I, II, IV, V, VI, VII, VIII, IX, X and XI
Chapter 441, Telephone Booths
Chapter 467, Trees, Shrubs and Plants
Chapter 479, Vehicles and Traffic, Article III
Chapter 491, Water and Water Pollution, Article III
§ 137-3. Additional duties of Parking Violations Bureau personnel.
The personnel of the Parking Violations Bureau shall have and perform such additional duties as will ensure that violations adjudicated pursuant to
this Article are heard and determined in the same manner as charges of parking violations and that a person charged with any such violation is
afforded all the rights to a hearing, administrative adjudication and judicial review which a person charged with a parking violation has.
§ 137-4. Powers and duties of Bureau.
The Parking Violations Bureau shall have the following additional functions, powers and duties:
A.
To accept pleas to and to hear and determine charges of violation of certain ordinances regulating the use of streets and sidewalks.
B.
To provide for civil penalties for violations of the streets and sidewalks ordinances in accordance with a schedule of fines.
C.
To adopt rules and regulations, not inconsistent with any applicable provision of law, to carry out the purposes of the local law adopted pursuant to
Chapter 856 of the Session Laws of the State of New York of 1986, being an act in relation to the adjudication of violations relating to streets,
sidewalks and sanitation, including but not limited to rules and regulations prescribing the internal procedures and organization of the Bureau, the
manner and time of entering pleas, the conduct of hearings and the amount and manner of payment of penalties.
D.
To enter judgments and enforce them, without court proceedings, in the same manner as the enforcement of money judgments in civil acts in any
court of competent jurisdiction or any other place provided for the entry of civil judgment within the State of New York.
E.
To compile and maintain complete and accurate records relating to all charges and dispositions and to prepare complete and accurate transcripts of
all hearings conducted by the Bureau and to furnish such transcripts to the person charged at said person's own expense upon timely request and
upon said person's complying with the regulations of the Bureau.
F.
To remit to the City Treasurer, on or before the 15th day of each month, all monetary penalties or fees received by the Bureau during the prior
calendar month, along with a statement thereof, and at the same time to file duplicate copies of such statement with the City Comptroller.
G.
To answer, within a reasonable period of time, all relevant and reasonable inquiries made by a person charged with a street, sidewalk and sanitation
violation or his attorney concerning the notice of violation (summons) served on that person. The Bureau must also furnish within a reasonable
period of time to the person charged, on his request and upon complying with the regulations of the Bureau, a copy of the original notice of violation
(summons), including all information contained thereon. Failure of the Bureau to comply with the provisions of this subsection within 75 days of such
inquiry, forwarded to the Bureau by certified or registered mail, return receipt requested, will result, upon the request of the person charged, in an
automatic dismissal of all charges relating to and only to that notice of violation (summons) to which the inquiry was made.
H.
To prepare and to issue a notice of violation in blank to employees Parking Violations Bureau, whose duties, as prescribed by the Director of the
Parking Violations Bureau, include enforcement of the following chapters of the Code and to any peace officers authorized by the City to assist in
the enforcement of this Article. The notice of violation (summons) or duplicate thereof, when filled in and sworn to or affirmed by such designated
officers and served as provided in this Article, shall constitute notice of the violation charged.
Chapter 1, General Provisions, Article II
Chapter 91, Bicycle Paths, Article I
Chapter 101, Buildings, Cleaning of
Chapter 107, Buildings, Moving of
Chapter 109, Buildings, Numbering of
Chapter 133, City Property, Article II
Chapter 169, Excavations and Quarries, Articles I and II
Chapter 216, Garbage, Rubbish and Refuse, Articles VII and VIII
Chapter 263, Licenses, Article IV
Chapter 289, Newsstands
Chapter 307, Parking and Parking Lots, Article IV
Chapter 341, Property Maintenance, Article I
Chapter 413, Streets and Sidewalks, Articles I, II, IV, V, VI, VII, VIII, IX and X
\[1\]
Chapter 441, Telephone Booths
Chapter 467, Trees, Shrubs and Plants
Chapter 479, Vehicles and Traffic, Article III
§ 137-5. Notice of violation (summons).
A.
The notice of violation (summons) shall contain information advising the person charged of the matter and the time in which he may plead either
guilty or not guilty to the violation alleged in the notice. Such notice of violation (summons) shall also contain a warning to advise the person charged
that failure to plead in the manner and time provided shall be deemed an admission of liability and that a default judgment may be entered thereon.
The form and wording of the notice of violation (summons) shall be prescribed by the Director. A duplicate of each notice of violation (summons)
shall be served on the person charged in the manner hereinafter provided. The original or a facsimile thereof shall be filed and retained by the
Bureau and shall be deemed a record kept in the ordinary course of business and shall be prima facie evidence of the facts contained therein.
B.
A notice of violation (summons) may be served personally upon the owner of the premises adjacent to the street or sidewalk, the occupant or person
in control of the premises adjacent to the street or sidewalk or any other person who has violated the street, sidewalk and sanitation ordinances. Any
person of suitable age and discretion may accept such notice of violation (summons) on behalf of the aforesaid owner, occupant or other person
upon properly identifying themselves and providing the names and addresses of the aforesaid owner, occupant or other person. In such case, the
name and address of the aforesaid owner, occupant or other person shall be entered on the notice of violation (summons) along with the other
required information. In case of service of a notice of violation (summons) on a person who is not the owner of premises adjacent to a street or
sidewalk, a duplicate copy of such notice of violation (summons) shall be forwarded, by first class mail, to the owner of such premises.
C.
A notice of violation (summons) may be served upon the owner of the premises adjacent to the street or sidewalk by affixing such notice to the
premises in a conspicuous place. Service of such notice of violation (summons) shall be completed when a duplicate copy of such notice of violation
(summons) is forwarded, by first class mail, to the owner of such premises.
§ 137-6. Methods of pleading and payment of fines.
The provisions set forth in § 307-1 of Chapter 307 apply fully to violations of dog control laws and shall be considered as though fully set forth and
restated in this section.
§ 137-7. Schedule of fines and penalties.
The schedule of fines and penalties shall be as follows:
Type of Violation Fine Initial Penalty Additional Penalty Maximum
Total
Fine Class A $10.50 $10.50 $10.50 $31.50
Fine Class B $30.00 $30.00 $30.00 $90.00
Failure to provide name, address, and telephone number, § 341-14
Sign permit, § 387-12
Signs; erection, repair, alteration or removal businesses, § 387-14
Habitable space, Part 1242.1, Physical Standards, State Uniform Fire Prevention and Building Code
Nonhabitable space, Part 1242.2, Physical Standards, State Uniform Fire Prevention and Building Code
Exits, Part 1242.3, Physical Standards, State Uniform Fire Prevention and Building Code
Exterior lighting, Part 1242.4, Physical Standards, State Uniform Fire Prevention and Building Code
Exterior protection, Part 1242.5, Physical Standards, State Uniform Fire Prevention and Building Code
Railings and parapet walls, Part 1242.6, Physical Standards, State Uniform Fire Prevention and Building Code
Interior protection, Part 1242.7, Physical Standards, State Uniform Fire Prevention and Building Code
Junk, Part 1242.10, Physical Standards, State Uniform Fire and Prevention Code
Fine Class C $52.50 $52.50 $52.50 $157.50
Drinking in an unlicensed public place or vehicle in a public place, § 69-3
Go-go girls (class 16), § 75-5
Roller rinks (class 13), § 75-5
Shuffleboards, § 75-5
Music, § 75-13
Certificate of inspection, § 75-14B
Coin-controlled devices, § 75-18B
Arcades, § 75-18B(2)
Bakers and confectioners, § 88-2
Billiards, § 92-1
Bowling alley, § 92-1
Building number not displayed or displayed improperly, § 109-6
Dance hall, § 150-2A
Butcher, § 193-22
Cooked meat, § 193-22
Fish, meat, poultry, § 193-22
Garbage not properly stored, § 216-8
Garbage on street more than 8 hours ahead of collection, § 216-14
Leaving City-provided receptacle or tote in the street, curbline or public place after 12 hours after time of weekly public collection, § 216-14
Placing more than two pieces of bulk solid waste or trash for a weekly public collection, § 216-15
Property within City-provided receptacle or tote with overflowing solid waste or additional bags or containers of solid waste, § 216-15
Failure to use City-provided receptacle or tote or improperly identified solid waste collector's receptacle, § 216-15
Placing construction/demolition debris or fill in City-provided receptacle or tote for public collection, § 216-15
Placing commercial user's solid waste for public collection where user has no contract with the City, § 216-15
Use of illegal containers or garbage; garbage not properly enclosed, § 216-15
Improper usage of City-provided receptacle or tote, § 216-15
Secondhand dealers, § 254-2A
Flea market, § 254-2B
Pet shop, § 263-24A
Peddler, § 316-1
No license to solicit, § 316-27
Temporary stand, § 370-2
Unregistered bouncer, § 372-7A
Signs, permit required; exceptions, § 387-8
Sidewalks not cleaned of snow and ice, Chapter 413, Streets and Sidewalks, Article VIII, Snow and Ice Removal, first violation, § 413-50
Taxicab and livery, driver's license required, § 437-9
Unmarked tow truck or improperly displayed tow truck, § 454-5
Exhibitor, § 463-7B
Vending machines, § 483-2
Signs, use permit required, § 511-100
Maintenance of open areas, Chapter 3, Section 302.5
Storage of junk vehicles, equipment in open areas; Chapter 3, Section 302.8
Garbage and refuse, accumulation, Chapter 3, Section 305.1
Rubbish, improper disposal, Chapter 3, Sections 305.2, 305.3
Refrigerator or similar container, dismantling required; Chapter 3, Section 305.2.2
Infestation and rodent harborage, Chapter 3, Section 306.1
Fine Class D $75.00 $75.00 $75.00 $225.00
Repair work in excess of $750 without a permit, § 103-2
Landscape and snow removal, license required, § 144-16
Dancing (hotel/restaurant), § 150-2C
Elevators and Conveyances, Chapter 167Registration of existing elevators and other conveyance, § 167-12
Certificate of operations, § 167-15
Initial or semi-annual inspection, § 167-15B
Enforcement of violations, §§ 167-17 and167-19
Flammable liquids, license required for storage, sale, handling, use or transport, § 186-1
Repair, service, storage garages, license required, § 186-13C
Laundries and clothes cleaners, license required, § 259-2
Welding and cutting operations, § 263-22
Work commenced without a license or permit, § 263-23
Operating a lodging house with unlicensed agent, § 269-5
Domestic animals and pets, cloven-footed or hoofed prohibited, small animals causing nuisance, § 341-10
Restaurant, § 370-2
Chapter 413, Streets and Sidewalks, Article I, General Provisions, §§ 413-1,413-2, 413-3, 413-5, 413-7, 413-8, 413-10, 413-11 and 413-12
Chapter 413, Streets and Sidewalks, Article II, Openings and Curb Cuts, §§ 413-14,413-16, 413-17, 413-19, 413-21,413-22, 413-23, 413-24 and
413-25
Chapter 413, Streets and Sidewalks, Article V, Use and Closing of Streets, §§ 413-33,413-34, 413-36, 413-38 and 413-40
Chapter 413, Streets and Sidewalks, Article VI, Vehicle Size and Weight Limits, § 413-42
Chapter 413, Streets and Sidewalks, Article VII, Construction and Maintenance of Sidewalks, §§ 413-43, 413-44, 413-45, 413-46, 413-47, 413-48
and 413-49
Chapter 413, Streets and Sidewalks, Article IX, Sidewalk Uses, §§ 413-53, 413-54, 413-55, 413-56, 413-57, 413-58 and 413-59.1
Sidewalks not cleaned of snow and ice, Chapter 413, Streets and Sidewalks, Article VIII, Snow and Ice Removal, second violation, § 413-50
Unlicensed tow truck, § 454-2
Storage of unlicensed/unregistered motor vehicles, § 511-93
Parking area screening, setback, surfacing, lighting and access requirements, § 511-97
Fine Class E $105.00 $105.00 $105.00 $315.00
Deposit of electronic waste § 216-4C
Placing more than the authorized weight in City-provided receptacle or tote, § 216-15
Operating a lodging house without a license, § 269-2
First excessive noise violation, § 293-7
Parking lots, § 307-17
Establishment employing unregistered bouncer(s), § 372-7B
Deposits on streets or public places prohibited, § 413-4
Overflowing dumpsters, littered dumpster areas, uncovered dumpsters, § § 413-4 and413-37
Chapter 413, Streets and Sidewalks, Article X, Permit and Inspection Fees
Taxicabs and liveries, license required on motor vehicles, § 437-4
Fine Class F $150.00 $150.00 $150.00 $450.00
Second excessive noise violations, § 293-7
Failure to cut overgrown vegetation, § 341-1
Abandoned junk automobile in the City, § 413-4
Sidewalks not cleaned of snow and ice, Chapter 413, Streets and Sidewalks, Article VIII,
Snow and Ice Removal, third and subsequent violations, § 413-50
Snow plowing which blocks public thoroughfare, § 413-52
Chapter 413, Streets and Sidewalks, Sidewalk cafes, § 413-59
Telephone facilities, § 441-1
Fine Class G $200.00 $200.00 $200.00 $600.00
Contractors, license required, § 144-2A(1)
Junkyard, § 254-2A
Scrap processors, license required, § 254-6
Third and subsequent excessive noise violations, § 293-7
Mud and debris left in street at demolition, construction or tree removal sites, §§ 413-4 and 413-37
Unauthorized City tower, § 454-13
Fine Class H $350.00 $350.00 $350.00 $1,050.00
Placement of bulk trash in excess of 4 cubic yards (12 feet long, 3 feet high, 3 feet wide);
unbundled trash, § 216-15 and §§ 341-1 through 341-4
\[Operating a food store without a license, § 194-4\]
Operation of business, § 194-4 E (1-20 License Conditions)
Fine Class I $1,500.00
Illegal dumping, Article X, Permit and Inspection Fees, §§ 216-9 and 216-17
Fine Class J $500.00 $500.00 $500.00 $1,500.00
Dumpsters or similar large waste containers placed without permit, § 413-4
Dumpsters or similar large waste containers placed outside restrictions of permit, § 413-4
Seizure of dangerous dog after finding of dangerousness pursuant to Agriculture and Markets Law § 121
Operating a food store without a license, § 194-4
Class AA $50.00 $50.00 $50.00 $150.00
Means of egress, Part 1162, State Uniform Fire Prevention and Building Code
Firesafety safeguards, Part 1191, State Uniform Fire Prevention and Building Code
Flame-producing devices, Part 1192
Firesafety signs and instructions, Part 1194, State Uniform Fire Prevention and Building Code
Firesafety training, Part 1195, State Uniform Fire Prevention and Building Code
Permits, § 103-32
Standpipe systems, § 103-32
Elevator safety, § 103-33
Sprinklers in basement, § 103-34
Removal or proper storage required, § 103-41
Prohibited storage and accumulation, § 103-56
Prohibited location of water heaters, § 103-57
Class BB $100.00 $100.00 $100.00 $300.00
Vacant buildings or structures, Part l154, State Uniform Fire Prevention and Building Code
Fire Department and emergency service access, Part 1161, State Uniform Fire Prevention and Building Code
Combustible fibers, Part 1172, State Uniform Fire Prevention and Building Code
Firesafety equipment, Part 1193, State Uniform Fire Prevention and Building Code
Fire department notification, Part 1196, State Uniform Fire Prevention and Building Code
Code Enforcement Official notification, Part 1197, State Uniform Fire Prevention and Building Code
Orders to eliminate dangerous conditions, § 103-18
Self-service gasoline, § 103-27
Height and occupancy limits on frame dwellings, § 103-31
Willfully contributing to production of fires, § 103-39
Storage of combustible materials, § 103-42
Seizure of fireworks, § 103-52
Prohibited uses of flammable liquids (sleeping quarters), § 103-55
License or permits required for liquefied petroleum gas, § 266-3
Smoke detectors, Chapter 395
Class CC $150.00 $150.00 $150.00 $450.00
Equipment and systems, Part 1163, State Uniform Fire Prevention and Building Code
Special property use or conditions, Part 1164, State Uniform Fire Prevention and Building Code
Dust, Part 1173, State Uniform Fire Prevention and Building Code
Material for welding and cutting, Part 1178, State Uniform Fire Prevention and Building Code
Fruit-ripening gas, Part 1180, State Uniform Fire Prevention and Building Code
Matches, Part 1181, State Uniform Fire Prevention and Building Code
Powder coatings, Part 1182, State Uniform Fire Prevention and Building Code
Solid fuel burning devices, Part 771.4(j)(5), State Uniform Fire Prevention and Building Code
Fire bombs, § 103-53
Open fires, § 66-19
Open burning, § 119-1
Licenses, § § 263-4 through 263-22
Flammable liquids, Chapter 186
Class DD $250.00 $250.00 $250.00 $750.00
Flammable and combustible liquids, Part 1171, State Uniform Fire Prevention and Building Code
Dangerous and unsafe buildings, Part 1153, State Uniform Fire Prevention and Building Code
Compressed gases, Part 1175, State Uniform Fire Prevention and Building Code
Fireworks, Part 1177, State Uniform Fire Prevention and Building Code
Fumigants and thermal insecticidal fogging liquids, Part 1179, State Uniform Fire Prevention and Building Code
Magnesium, Part 1183, State Uniform Fire Prevention and Building Code
Organic coatings, Part 1184, State Uniform Fire Prevention and Building Code
Organic peroxides, Part 1185, State Uniform Fire Prevention and Building Code
Cryogenic liquids, Part 1186, State Uniform Fire Prevention and Building Code
Cellulose nitrate (pyroxlin) plastics, Part 1187, State Uniform Fire Prevention and Building Code
Cellulose nitrate motion- picture film, Part 1188, State Uniform Fire Prevention and Building Code
Class EE $500.00 $500.00 $500.00 $1500.00
Hazardous materials, Part 1174, State Uniform Fire Prevention and Building Code
Explosives, ammunition and blasting agents, Part 1176, State Uniform Fire Prevention and Building Code
§ 137-8. Hearings, notice and conduct.
The provisions set forth in § 307-12 of Chapter 307 apply fully to violations of streets, sidewalks and sanitation ordinances and shall be considered
as though fully set forth and restated in this section.
§ 137-9. Decisions and judgments.
The provisions set forth in § 307-13 of Chapter 307 apply fully to violations of streets, sidewalks and sanitation ordinances and shall be considered
as though fully set forth and restated in this section.
§ 137-10. Appeals and administrative review.
The provisions set forth in § 307-14 of Chapter 307 apply fully to violations of streets, sidewalks and sanitation ordinances and shall be considered
as though fully set forth and restated in this section.
Article II. Health Provisions
\[Derived from Secs. 102 and 103 of Ch. XXV of the Charter and Ordinances, 1974\]
§ 137-11. Penalties for offenses.
Any person, corporation or firm, who shall violate any of the provisions of the following chapters; who shall omit or refuse to do any act required to be
performed by him, her or it, pursuant to the provisions of said chapters or any reasonable rule, regulation or direction of the Health Commissioner
made pursuant to the authority of said chapters; who shall obstruct, hinder or prevent any officer or employee of the Health Department, duly
authorized, from the discharge of any duty enjoined upon him by any provision of said chapters; or who shall do any of the acts forbidden by any of
the provisions of said chapters or by arty reasonable rule, regulation or direction of the Health Commissioner made pursuant to the authority of said
chapters shall, in addition to any penalty otherwise provided by statute, be liable to a fine or penalty as provided in Chapter 1, Article III, of this Code:
Chapter 1, General Provisions, Article II
Chapter 66, Air Pollution, Part 2
Chapter 72, Ambulances and Ambulance Drivers
Chapter 78, Animals, Articles I and II
Chapter 111, Buildings, Public, Article II
Chapter 116, Burials
Chapter 158, Diseases, Infectious
Chapter 193, Food and Drugs, Articles I, II, III and V
Chapter 203, Fumigation
Chapter 216, Garbage, Rubbish and Refuse, Articles I and VI
Chapter 235, Hazardous Materials and Wastes, Articles I and II
Chapter 242, Housing Standards
Chapter 249, Inspections, Article II
Chapter 269, Lodging Houses
Chapter 293, Noise
Chapter 316, Peddling and Soliciting, Article IV
Chapter 356, Rat Control
Chapter 361, Records, Article III
Chapter 370, Restaurants
Chapter 378, Sanitation, Articles I and III
Chapter 391, Slaughterhouses
Chapter 413, Streets and Sidewalks, Article XI
Chapter 491, Water and Water Pollution, Article III
§ 137-12. Enforcement. The Health Commissioner shall have full power to enforce and carry out all ordinances, rules and regulations for the
preservation of the public health; and in case any business or practice is dangerous or detrimental to the public health, to prohibit the same and to
declare unwholesome grounds, yards, cellars, buildings and other places, stagnant, mosquito-breeding or unwholesome waters, filth and
unwholesome matter injurious to health to be nuisances. Upon so declaring, the Health Commissioner shall have power to abate the same as he
may deem expedient, and the expense thereof may be assessed upon the lands and premises upon or in front of which said nuisance was or
existed or upon the parcels of land and upon the premises benefited by the abatement of such nuisance as the Council shall direct, but no
established business or rights to property of any person shall be interfered with or prohibited until the offender or offenders therewith charged shall
have been duly summoned by notice of not less than one day to appear before said Health Commissioner to show cause why such declaration or
order of prohibition shall not be enforced against the person or persons, party or parties or premises charged nor until said party or parties or
persons interested in the premises shall have an opportunity to be heard in person or by counsel.
I. This Ordinance Amendment shall take effect once it is duly ratified pursuant to City Charter § 3-19.
APPROVED AS TO FORM ONLY:
Timothy A. Ball
Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 1571
BY: MR. SCANLON
ORDINANCE AMENDMENT
CHAPTER 194. FOOD STORES
The Common Council of the City of Buffalo does hereby ordain as follows:
That Chapter 194, FOOD STORES, of the Code of the City of Buffalo be amended to read as follows:
Chapter 194. Food Stores
§ 194-1. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY USE
Constitutes a maximum of 15% of the use of said business establishment. In no case shall such accessory use dominate, in area, extent or
purpose, or in any way exceed 15% of the primary and main use established by the Department of Permit and Inspection Services for such
business establishment.
COMMERCIAL KITCHEN
Cooking facilities used for the preparation of food, such as but not limited to commercial ranges, ovens, broilers, grills, griddles, char boilers, pizza
ovens, deep-fat-frying equipment or any other similar equipment as so determined by the Department of Permit and Inspection Services.
DEPARTMENT
The Department of Permit and Inspection Services, the Commissioner of Permit and Inspection Services and his or her designee acting under the
Commissioner's authority.
FOOD STORE
Any commercial establishment with a total floor space of 20,000 square feet or less, of which the primary use (85% or more) is devoted to the sale
and/or display of, but not limited to, cigarettes, dry goods, bottled or canned beverages and prepackaged foods not prepared on the premises. This
definition shall not include residential space that may be adjacent to such food store.
PRIMARY USE
Constitutes a minimum of 85% of the principal and main use of the business establishment. The primary use shall be determined and established
by the Department of Permit and Inspection Services.
§ 194-2. License required.
No person, firm, corporation or other entity shall operate, maintain or engage in the business of operating a food store in the City of Buffalo without
first having been issued a license by the Department of Permit and Inspection Services pursuant to a verified written application upon a form
provided by the Department.
§ 194-3. Referral and approval of license application.
A.
All new applications shall be referred to the Department of Permit and Inspection Services Permit Office to determine compliance with all applicable
City zoning laws and ordinances, including determination of permitted and established use of the property location.
B.
All new applications and the renewals therefor shall be referred to the Department of Permit and Inspection Services Inspections Division to
determine that the building meets all City and state building codes and to determine whether the business meets and is conforming with any and all
established primary and accessory uses.
C.
All new applications and the renewals therefor shall be referred to the Department of Fire to determine that the property location meets all applicable
New York State Fire Codes.
D.
All new applications and the renewals therefor shall be referred to the Department of Police for its investigation regarding the moral character of the
applicant and an incident history of the property location, with a recommendation for approval or disapproval of the application. All recommendations
for disapproval must state the reason for such disapproval in writing.
E.
The City of Buffalo reserves the right to make unannounced, periodic on-site inspections during business hours by any of the aforementioned
enforcement agencies to ensure compliance with all applicable laws and ordinances.
F. All new applications and renewals therefor subject to this chapter shall require Common Council approval. Any license granted under this chapter
may be suspended, revoked or renewal thereof refused by the Common Council, after notice and hearing.
§ 194-4. Operation of business.
A.
The owner/operator of any licensed food store shall comply with all provisions of federal, state and local laws and ordinances relating to tile conduct
of the business, use and maintenance of the premises.
B.
The owner/operator of any licensed food store shall comply with all notices, orders, decisions and rules and regulations made by the Department of
Permit and Inspection Services.
C.
A licensed food store shall not have a commercial kitchen, and there shall not be any on-site food consumption or public assembly at on-site public
seating areas on the premises.
D.
Any person, firm, corporation or other entity violating the provisions of this chapter may be liable for penalties as prescribed in Chapter 137, Article I,
of this Code, and may be subject to immediate closure by the Buffalo Police Department and/or the Department of Permit and Inspection Services.
E.
The owner/operator of any licensed food store, and any agents and/or employees thereof, shall comply at all times with the provisions of the Food
Store Conditions as set forth below:
1. Store hours must be clearly posted for public view
2. Store addresses shall be clearly posted on building facade.
3. Store shall have working surveillance cameras in the interior and exterior of the building.
Footage from said cameras shall be stored for 30 days and made available to any City of Buffalo department or agency upon request.
4. "No Loitering" signs must be posted visibly within the store, and enforced by store
5. Any painting, mural, or advertisement deemed signage by the City of Buffalo must be removed by store owner/operator within 30 days of
notification by City of Buffalo of said determination.
6. Pursuant to Chapter 216 of the Code of the City of Buffalo, stores must have a trash receptacle immediately outside of the building. Trash
receptacles and dumpsters must be properly maintained, and shall not produce any refuse in excess of what can properly be stored
therein. Store owner shall prevent refuse from rising to the level of nuisance or becoming an environmental hazard.
7. No selling of individual cigarettes ("loosies").
8. Pursuant to Chapter 441-1 of the Code of the City of Buffalo, no unlicensed pay phones shall be allowed in the streets, public grounds, or
on the City right-of-way.
9. Store interior and exterior must be clean, and free and clear of debris and refuse, and maintained pursuant to the provisions set forth in
Article 17 of the New York State Agriculture and Markets Law of the State of New York.
10. All windows should be clean and free of dirt. Windows must be unobstructed and allow passer by to view the interior of the establishment.
11. All broken windows must be replaced within 48 hours.
12. All mechanical equipment shall be maintained in compliance with 107.1.1 of the New York State Building Code.
13. No smoking or vaping of any kind within the store.
14. Any and all graffiti must be removed within 3 (three) business days.
15. Pursuant to Chapter 307-33 of the Code of the City of Buffalo, no vehicle may be parked on the sidewalks surrounding the business.
16. Store owner is responsible for snow removal as outlined in Chapter 413-50 of the Code of the City of Buffalo.
17. All food items must be stored and sold in accordance with Article 17 of NYS Agriculture and Markets' Codes, Rules, and Regulations.
18. No commercial cooking equipment or preparation of food for sale without proper City of Buffalo restaurant take-out license.
19. Stores selling alcohol must comply with NYS Alcohol, Beverage, and Control Laws.
20. Any parking spots provided must be in compliance with state and local rules and regulations.
§ 194-5. Transferability and expiration of license.
A.
All licenses are nontransferable. All licenses issued are valid for only the owner/operator and business location indicated on the license. Any change
in business ownership or business location requires a new application.
B.
Said license shall expire annually on April 1 after the issuance thereof, unless revoked by the Department of Permit and Inspection Services for
cause.
C.
The annual fee for a food store license shall be as provided in Chapter 175, Fees.
§ 194-6. Complaints.
Written complaints may be received by the Department. Upon investigation, the Department may require a meeting with the owner/operator to
determine whether a food store license should be suspended or revoked, or whether a license should be renewed. If outstanding complaints are not
resolved, a hearing will be held before the revocation or suspension of the license or renewal is granted.
§ 194-7. Revocation, suspension or nonrenewal of license.
The license of any person, firm, corporation or other entity granted under this chapter may be revoked, suspended or not renewed by the
Commissioner of Economic Development and Permit and Inspection Services upon determination by the Department, after notice and hearing, that
the applicant and/or licensee does not meet the requirements of state law, or the Charter and Code of the City of Buffalo for such license, or such
applicant and/or licensee has not operated in compliance with such requirements. A license for a food store may not be renewed if, after notice and
hearing, it has been determined that a food store owner/operator has not operated such food store in compliance with this chapter or other
applicable laws and codes. Such nonrenewal shall be issued in writing and may be appealed pursuant to Article 78 of the Civil Practice Law and
Rules. The Commissioner of Economic Development and Permit and Inspection Services may designate an Administrative Law Judge, who shall be
an attorney admitted to practice in the State of New York for at least three years, to administer hearings held pursuant to this chapter. Said
Administrative Law Judge shall recommend to the Commissioner of the Department of Economic Development and Permit and Inspection Services
whether a license should be revoked, suspended, or renewal thereof refused, after notice and hearing.
§ 194-7.1. Procedure governing license renewals.
A.
On or before the first day of March of each year, the Department of Permits and Inspections Services shall forward a list of licenses issued pursuant
to this chapter, which shall expire on the first day of April of each year.
B.
On or before the first day of May of each year, the Common Council shall indicate to the Department, in writing, each licensee it believes requires
further investigation by the Department prior to the license being renewed.
C.
The Common Council shall also forward to the Department any and all information it deems to be pertinent to the Department's investigation of the
licensee.
D.
Renewal of each license that is not specifically designated by the Common Council for investigation by the Department on or before the first day of
May of each year shall be subject to the renewal provisions of § 194-7 of this chapter.
E.
Renewal of each license designated for further investigation by the Common Council shall be governed by the following provisions of this section.
F
If the Department determines that sufficient evidence exists to deny the renewal of a license, the Department shall provide the licensee with notice
and an opportunity to be heard regarding the renewal of his or her license and shall also forward a copy of said correspondence to the Common
Council for its information.
G.
The Department shall cause any hearings to be conducted in accordance with the provisions of § 194-7 of this chapter.
H.
If the Department denies the renewal of a license after notice to the licensee and a hearing, it shall notify the Common Council of said denial in
writing forthwith.
I.
If the Department has caused a hearing to be conducted regarding the renewal of a license, but has found that insufficient evidence exists to deny
the renewal of said license, the Department shall forward its decision to the Common Council for final approval.
J.
If the Department, after investigation, but before conducting a hearing, determines that insufficient evidence exists to deny the renewal of a license
that the Common Council has caused to be investigated, it shall forward the basis of said determination to the Common Council for its review. If the
Common Council disagrees with the Department's determination, it may designate an
Administrative Law Judge, who shall be an attorney admitted to practice in the State of New York for at least three years, to administer hearings
pursuant to this chapter.
K.
If the Common Council determines after said hearing is held, and after receipt of the recommendation of the Administrative Law Judge, that
sufficient evidence exists to deny the renewal of a license issued pursuant to this chapter, it may deny said renewal in writing.
L.
The concurrent approval of both the Common Council and the Department are required for the renewal of a license issued hereunder, consistent
with the provisions of this section.
§ 194-8. Closure for operation without license.
Any food store operating without the required food store license shall be immediately closed by order of the Buffalo Police Department or the
Department of Permit and Inspection Services. Every day of operation without a license shall constitute a separate violation.
§ 194-9. Check-cashing service notification.
Effective January 1, 2007, any food store that provides, or intends to provide, check-cashing services to customers for a fee shall notify the City
Clerk, in writing, of such service or intention.
I. This Ordinance Amendment shah take effect once it is duly ratified pursuant to City Charter § 3-19.
APPROVED AS TO FORM ONLY:
Timothy A. Ball
CORPORATION COUNSEL
NOTE: Matter underlined is new, matter in brackets is to be deleted.
REFERRED TO THE COMMTTEE ON LEGISLATION
NO. 1572
SPONSOR: CHRISTOPHER P. SCANLON
WAIVE EVENT FEES FOR USE OF SOUTH PARK LAKE FOR FATHERS BAKER’S FATHER'S DAY 5K
WHEREAS: Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to licenses, permits,
and activities required or regulated under the provisions of various chapters of the code; and
th,
WHEREAS: This year, The Lackawanna Chamber of Commerce will be hosting Father Baker's Father Day 5K on June 192016; and
WHEREAS: The events following the race will be taking place at South Park Lake; and
NOW, THEREFORE, BE IT RESOLVED,
That the Common Council of the City of Buffalo respectfully requests that the Department of Public Works and the Department of Special Events
waive all applicable event fees for the use of South Park Lake on the aforementioned dates; and
BE IT FURTHER RESOLVED,
That the City Clerk forwards a copy of this resolution to the Department of Public Works and Special Events
President Pro Tempore
South District Councilmember
PASSED
AYES – 9 NOES - 0
NO. 1573
SPONSOR: CHRISTOPHER P. SCANLON
WAIVE EVENT FEES FOR USE OF TOSH COLLINS COMMUNITY CENTER M ORDER TO TRAIN ELECTION INSPECTORS
WHERAS: Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to licenses, permits,
and activities required or regulated trader the provisions of various chapters of the code; and
WHEREAS: In order for elections to run smoothly, Election Inspectors need to be properly trained to successfully perform their duties throughout
election time; and
WHEREAS: The Commissioner of Elections and his office will hold this training from August 8th through August 12th; and
NOW, THEREFORE, BE IT RESOLVED,
That the Common Council &the City of Buffalo respectfully requests that the Department of Public Works and the Department of Special Events
waive all applicable event fees for the use of Tosh Collins Community Center on the aforementioned dates; and
BE IT FURTHER RESOLVED,
That the City Clerk forwards a copy of this resolution to the Department of Public Works and Special Events
PASSED
AYES – 9 NOES – 0
NO. 1574
COUNCIL MEMBER WINGO
WAIVE PARK RENTAL AND SPECIAL EVENT FEES FOR VARIOUS EVENTS
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,
th
Whereas, The 41st Annual Juneteenth Festival will be held June 18& 19th;
th st
Whereas, The Pappy Martin Legacy Masten Jazz Festival will be held July 24& 31;
and
Whereas, Gospelfest, will be held on July 23rd;
th
Whereas, Taking it To the Streets will be held August 20and 21st;
Whereas, The Jes Breathe Cancer Walk will be held August 27th;
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 above listed events;
2) That the City Clerk forward a copy of the of this resolution to the Commissioners of the Departments of Permits and Inspections, Public Works
and Special Events.
PASSED
AYES – 9NOES – 0
NO. 1575
COUNCIL MEMBER RASHEED N.C. WYATT
TENANT NOTIFICATION OF CHANGE IN PROPERTY MANAGEMENT
Whereas, The City of Buffalo currently has a large number of property managers responsible for caring for multiple properties across the city. There
tends to be high volume of turn over in property management as well as frequent acquisition of new properties;
Current City of Buffalo property management legislation does not require property managers to notify tenants of a change in management or new
management. It also fails to require that property managers show identification when coming to properties to collect rent;
Tenants need to be made aware of the names and addresses of property managers and property maintenance persons, the amount due, dates of
the rent, conditions of occupancy, and the rights and obligations of both parties in the case of new or changing property managers; and
Whereas, The Department of Permits and Inspections needs to be aware of who is responsible for maintaining and repairing problem property,
cutting grass, and removing snow in order to properly investigate code violations and issue citations: Now, Therefore Be It
Resolved that The City of Buffalo Common Council--
1) Requests that the Department of Law, in partnership with the Department of Permits and Inspections and any other necessary departments,
begin drafting legislation to require property managers to notify tenants when there is a change in property management;
2) That an official form shall be created and distributed by the Department of Permits and Inspections for property managers to complete and
send to all tenants within thirty days of receiving a property management license;
3) That the Charter should be amended to ensure Assistant Corporation Counsel verifies that all rental registry fees are paid, and property
violations and 311 quality of life complaints are resolved prior to renewal.
4) That this resolution should be referred to the appropriate Common Council Committee to allow for discussion on the specific details to be
contained within the above mentioned legislation; and
5) That copies of this resolution should be forwarded to the Mayor; the Commissioner of Permits and Inspections; Corporation Counsel; and
the City of Buffalo Housing Court Judge.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 1576
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.
Emma C. Balkin
Brian Robert Biggie
Maxwell James DiNatale
Conor Finnegan
Daniel W, Gniewecki
Nicolas Leberer
Alexios George Marinides
James J, Messina
Brian M, Nowak
Dillon M, Smith
TOTAL: 10
ADOPTED
NO 1577
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held in the Common Council
th
Chambers, 13floor City Hall, Buffalo, New York, unless otherwise noted.
Regular Committees
Committee on Claims Monday, June 27, 2016 10:00 o'clock A.M.
Committee on Civil Service Tuesday, June 28, 2016 at 9:45 o'clock A.M.
Committee on Finance Tuesday, June 28, 2016 at 10:00 o'clock A.M.
following Civil Service
Committee on Comm. Dev. Tuesday, June28, 2016 at 1:00 o'clock P.M.
Committee on Legislation Tuesday, June 28, 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 mac 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. 1578
ADJOURNMENT
On a motion by Mr. Rivera, Seconded by Mr. Scanlon, the Council adjourned At 3:10 PM
GERALD A. CHWALINSKI
CITY CLERK