The URL can be used to link to this page

Home My WebLink About08-0916-0918ppNo. 17 PROCEEDINGS OF THE CITY OF BUFFALO September 16, 2008 PENSION PROCEEDINGS SEPTEMBER 18, 2008 MAYOR Hon. Byron W. Brown COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL FILLMORE DISTRICT DAVID A. FRANCZYK PRESIDENT PRO TEMPORE SOUTH DISTRICT MICHAEL P. KEARNS MAJORITY LEADER LOVEJOY DISTRICT RICHARD A. FONTANA DISTRICT COUNCIL MEMBERS BRIAN C. DAVIS — ELLICOTT DEMONE A. SMITH — MASTEN MICHAEL J. LO CURTO — DELAWARE JOSEPH GOLOMBEK JR. — NORTH DAVID A. RIVERA- NIAGARA BONNIE C. RUSSELL REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Brian C. Davis, Michael P. Kearns, David A. Rivera, Joseph Golombek Jr. - Members CLAIMS COMMITTEE: David A. Rivera Chairman, Michael P. Kearns, Richard A. Fontana, Bonnie E. Russell,- Members COMMUNITY DEVELOPMENT COMMITTEE: Michael LoCurto, Chairman, Richard A. Fontana, Joseph Golombek Jr., David A. Rivera. Demone Smith - Members FINANCE COMMITTEE: Michael P. Kearns, Chairman, Brian C. Davis, Michael J. LoCurto, David A. Rivera, Bonnie E. Russell - Members. LEGISLATION COMMITTEE: Joseph Golombek Jr., Chairman, Brian Davis, Richard A. Fontana, Michael LoCurto, David Rivera - Members. RULES COMMITTEE: David A. Franczyk, Chairman, Michael P. Kearns, Richard A. Fontana - Members SPECIAL COMMITTEES BUDGET COMMITTEE: Richard A. Fontana., Chairman, Michael P. Kearns, Michael J. LoCurto, Demone Smith - Members MINORITY BUSINESS ENTERPRISE COMMITTEE - ,Demone Smith Chairman Brian C. Davis, Richard A. Fontana, Joseph Golombek, Jr, David A. Rivera, Members EDUCATION COMMITTEE ;Demone Smith Chairman, Brian C. Davis, Richard A. Fontana, Members WATERFRONT DEVELOPMENT COMMITTEE — Michael P. Kearns, Chairman, Brian C. Davis, Joseph Golombek, jr, David A.Rivera, members INVOCATION PLEDGE TO FLAG DATE September 16, 2008 FINAL MAYOR 1. Agreement for Service BCAR APP 2- 1A. Appt Comm on Citizen's Rights and Comm Relations Kenneth A. Simmons LEG,COLL MAYOR - EXECUTIVE 3- 2. Cit Serv- Submission of Monthly Report - August 2008 R &F 4- 2A Cit Serv- Response Audit Report, Mayor's Impact Team FIN 5- 3. Plan Bd- Negative Declaration -565 Elmwood Avenue((Nia) R &F 6- 4. Plan Bd- Negative Declaration -231 Trenton, 84 Virginia (Ell) R &F 7- 5. Plan Bd -SEQR Lead Agency Req 266 Hopkins St Bflo Recycling Enterp(South) R &F 8- 6. Plan Bd -SEQR- Negative Declaration -31 Tonawanda (North) R &F COMPTROLLER 9- 6A Certificate of Necessity Common Council R &F COUNCIL PRESIDENT 10- 6B SEQR -Mercy Hospital -565 Abbott Rd R &F PUBLIC WORKS 11- 7. Notification Serial #10226- 10228, 10244 &10247(Waive 45 Days) R &F 12- 8. Banners Within City Right of Way R &F 13- 9. Change in Contract Resurfacing of City Pavements -2008 APP 14- 10. Change in Contract Roosevelt Park Shelter House Roof Repl(Univ) APP 15- 10A Change in Contract Sycamore Village Subdivision #93000043 APP 16- 11. Contract Extension COB & EC Municipal Waste Reduction /Recycling Proj FIN 17- 12. Increase in Contract South Park/Louisiana Reconstruction Inspec Proj APP 18- 13. Map Modernization Work Book and Flood Map R &F 19- 14. Perm to Engage Serv- Consulting Eng -Erie Basin Marina Observation Platform APP 20- 15. Perm to Engage Serv- Consulting Eng -Phase 3 Large Meter Replacement Proj APP 21- 16. Perm to Hire Consultant- Emergency Bridge Repair APP 22- 17. Perm to Hire Consultant- Emergency Vault /Tunnel Repair APP 23- 18. Perm to Hire Consultant -Flood Review APP 24- 19. Perm to Hire Consultant- Inspection Of Fuhrmann Blvd & Various Road Imp APP 25- 20. Perm to Increase Contract- Nussbaumer & Clarke(Ell) APP 26- 20A Perm to Accept /Execute Grant MLK Park Shelter House Renovation APP 27- 21. Report of Bids -Tire Disposal for the COB APP 28- 22. Request Permission to Purchase Vehicles & Equipment ($76,552.50) APP 29- 23. Request Permission to Purchase Vehicles & Equipment ($370,000.00) APP 30- 24. Request Permission to Purchase Computers APP POLICE 31- 25. Change order for Contract Citywide Surveillance Camera Project APP 32- 26. Drug Asset Forfeiture Wire Transfers POL OVERSIGHT FIRE 33- 27. Purchase of Fire Apparatus & Permission to Auction Old Apparatus APP CORPORATION COUNSEL 34- 28. Mercy Hospital Helipad Application (South) R &F PERMITS AND INSPECTIONS 35- 29. Foodstore License -465 Best (Ell) LEG 36- 30. Foodstore License -1981 Niagara (North) APP 37- 31. Restaurant Dance(Renewal) -1 Main (Ell) APP 38- 32. Appt Special Asst to Commissioner of EDPI (P rov) (Max) (Marcy) CS CITY CLERK 39- 33. Auto allowance R &F 40- 34. Liquor License Applications R &F 41- 35. Leaves of Absence R &F 42- 35A Notices of Appointments- Mayors Program R &F 43- 36. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 44- 37. J. Campolong - Monthly Report for the Buffalo Water Board FIN 45- 38. LP Ciminelli -Board Packet Documents -Sept 2008 R &F 46- 39. B. Davis -G. Ruiz - Acquiring Corner Lot on Virginia & Prospect St(Ell) CD,OSP 47- 40. D. Kazmierczak- Concerns Quality of Life Issues & Ordinance Violations LEG 48- 41. M. Kearns -M. Weeks- Concerns Fine for Grass in Excess of 10 In. 318 Woodside (South) LEG 49- 42. M. Kearns - Upcoming Approval Waterfront Development WATERFRONT 50- 43. NYSDEC -Draft Remedial Work Plan - Buffalo Color Site R &F 51- 44. NYSDEC -SEQR Lead Agency Designation Bflo Nia Med Campus R &F 52- 45. NYSDOT- Notice of Design Approval NY Route 33 CD 53- 45A D.Smith- Clarify Budget Request for Martin Luther King Jr Park FIN PETITIONS 54- 46. M. Agha, Owner, Use 1175 Hertel, Alter Existing Restaurant From A Take Out to A Sit In(Pub Hrg 9/23)(Del) LEG,CPBD RESOLUTIONS 122- 47. Davis Trailblazing Signage for "William (Bill) Robinson Way" APP 123- 47A Davis Change Starting Time of Common Council Meeting RULES 124- 48. Fontana Permisson to Hang Banner ADOPT 125- 49. Kearns COB Common Council Issuance of Special Use Permit for Helipad at Mercy Hospital APP 126- 50. Kearns Declaring Intent of COB Common Council to Issue Determination of Sig Pursuant to SEQR Act Re Expansion Of Emerg Dept and Helipad at Mercy Hospital ADOPT 127- 50A Kearns Transfer in Funds Common Council #9 APP 128- 50B Kearns Disch Fin CCP# 21, 9/2/08 ADOPT DISCH -APP 129- 51. LoCurto, ect Create a COB Employment Protection Act Sery -Agmt Bflo Firefighters Guardian Foundation - ADOPT 1 ST & 3 RD REM TO LEG 130- 51 A Rivera Itemization of Roadwork costs and Roadwork J. Campolong - Monthly Report Bflo Water Bd R &F 76- Completed in COB LEG 131- 52. Russell Budget & Personnel Amend - Common Council APP 132- 53. Russell Budget & Personnel Amend -Comm Svs APP 133- 54. Russell Budget & Personnel Amend -PW Parks & Streets APP 134- 55. Smith Comm of Deeds ADOPT TABLE ITEMS Roof Repl Program -- -156, 7/22 LL Intro #5 Amend Charter in Relation to Areas of Special Flood 80- 26. No 73 July 22 Hazard within The COB ( #2,7/30) 81- SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS R &F CIVIL SERVICE R &F 83- 55- 1. Com 11 Sept 2 Appt Senior Auditor (Tern p)(Trautman)(Step II)(Compt) R &F 56- 2. Com 12 Sept 2 Appt Senior Auditor (Temp)(Emminger)(Step IV)(Compt) R &F 57- 3. Com 27 Sept 2 Appt Assistant Engineer (Perm)(Max)(Schmarder)(PW) APP 58- 4. Com 28 Sept 2 Appt Principal Engineer (Temp)(Max)(Ghasemi)(PW) APP 59- 5. Com 29 Sept 2 Appt Sr Engineer (Prov)(Inter)(Hoffert)(PW) R &F 60- 6. Com 30 Sept 2 Appt Sr Engineer (Temp)(Inter)(Poleto)(PW) R &F 61- 7. Com 31 Sept 2 Appt Truck Driver (Prov)(Inter)(Pitts)(PW) APP 62- 8. Com 32 Sept 2 Appts Detective (Cont Perm)(Flat)(Rinaldo, Perez, Menza)(Pol) APP 63- 9.Com 33 Sept 2 Appts Detective (Perm)(Flat)(Buth, Dinham)(Pol) APP 64- 10. Com 34 Sept 2 Appts Detective Sergeant (Cont Perm) (Flat)(Turner, Barrett)(Pol) APP 65- 11. Com 35 Sept 2 Appt Detective Sergeant (Perm)(Flat)(Crawford)(Pol) APP 66- 12. Com 36 Sept 2 Appts Liutenant (Cont Perm)(Flat) 94- 40. Com 39 May 13 Response - Travel Information Req by Council(HR) (Patterson Sr, Gramaglia, Jentz)(Pol) APP 67- 13. Com 37 Sept 2 Appts Lieutenant (Perm)(Flat)(O'Rourke, Stanchak)(Pol) APP 68- 14. Com 38 Sept 2 Appt Captain (Cont Perm) (Flat)(Stabler)(Pol) APP 69- 15. Com 39 Sept 2 Appt Captain (Perm)(Flat)(McCarthy)(Pol) APP 70- 16. Com 40 Sept 2 Appt Inspector (Perm)(Flat) (Reich muth)(Pol) APP 71- 17. Com 48 Sept 2 Appt Commissioner of Human Resources - 98- 44. No 19 Jan 8 B. Davis -Lease Agreement 326 -328 High St (Ell) (Exempt)(Thomas)(H R) R &F 72- 18. Com 57 Sept 2 Notices of Appointments- Temp /Prov /Perm (Cty Clk) R &F FINANCE 73- 19. Com 8 Sept 2 Audit Report- Mayors Impact Team(Compt) R &F 74- 20. Com 49 Sept 2 Sery -Agmt Bflo Firefighters Guardian Foundation - Stepmill Rental(CS) APP 75- 21. No 59 Sept 2 J. Campolong - Monthly Report Bflo Water Bd R &F 76- 22. No 70 Sept 2 M. Kearns -FEMA Updated Flood Rate Ins Maps R &F 77- 23. Res 133 Sept 2 Budget & Personnel Amendment - APP 78- 24. No 94 Sept 2 Abatement of Uncollectible Accts Receivable Invoices(Compt)( #14,7/22) APP 79- 25. No 52 July 8 M. Kearns -2007 Application for South District Roof Repl Program R &F 80- 26. No 73 July 22 J. Campolong - Monthly Report Buffalo Water Board R &F 81- 27. No 51 June 24 J. Campolong - Monthly Report for the Buffalo Board R &F 82- 28. No 58 June 24 M. Kearns - Status of "Water Ratepayer Bill of Rights" R &F 83- 29. No 79 June 24 B. Davis -BFNC Letter Requesting Capital Imp /Masten Playground( #51,5/27) R &F 84- 30. Com 36 July 8 Travel Information(A &F) R &F 85- 31. Com 28 June 10 Response Travel Information Req by Council(Comm Svs) R &F 86- 32. Com 1 May 27 Response Travel Information Req by Council(Mayor) R &F 87- 33. Com 13 May 27 Response Travel information Req by Council(Strat Plan) R &F 88- 34. Com 32 May 27 Response Travel Information Req by Council(Pol) R &F 89- 35. Com 11 May 13 Req City Depts to Submit Travel Expenses(Compt) R &F 90- 36. Com 20 May 13 Response - Travel Information Req by Council(MIS) R &F 91- 37. Com 29 May 13 Response - Travel Information Req by Council(PW) R &F 92- 38. Com 32 May 13 Response Travel Information Req by Council(Fire) R &F 93- 39. Com 33 May 13 Response - Travel Information Req by Council(CC) R &F 94- 40. Com 39 May 13 Response - Travel Information Req by Council(HR) R &F 95- 41. Com 44 Apr 29 Travel Info for Councilmembers (Cty Clk) R &F 96- 42. Com 41 Apr 29 Req City Depts & BURA to Submit Travel Expenses From 7 /2006(Cit Rts) R &F 97- 43. Com 24 Apr 29 Req City Depts & BURA to Submit Travel Exp From 7/2006( #127,4 /15) (Assess) R &F 98- 44. No 19 Jan 8 B. Davis -Lease Agreement 326 -328 High St (Ell) R &F 99 -45. No 76 July 11 Renew Lease Agree. Betw. COB & C.R.U.C.I.A.L. -Use of Fmr. Sch. 378 Urban aka 230 Moselle (Fill) ( #5,5/2) R &F COMMUNITY DEVELOPMENT 100 -46. Com 5 Sept 2 Perm to Accept Title- 316 -320 Purdy & Portion 281 -285 Purdy(Mas)(Strat Plan) APP 101 -47. Com 24 Sept 2 Response - Annual Cultural Walk of Fame(PW) R &F 102 -48. Com 41 Sept 2 Response - Annual Cultural Walk of Fame(CC) R &F 103 -49. No 64 Sept 2 Fed Energy Regulatory Comm -Order Issuing Preliminary Permit R &F 104 -50. No 68 Sept 2 M. Kearns- R. Anthony- Letter Honoring James Griffin R &F 105- 51. No 48 June 10 D. Smith -R. Daines -NYSDH Draft Legislation Health Care in Erie 106- 52. No 44 Feb 5 J. Golombek -C. Artman- Guidance on Taking Off - Reservation Land into Trust for Gaming Purp R &F LEGISLATION 107-53. No 84 Sept 2 J. Battaglia, Agent, Use 266 Hopkins to Expand Recycling Ctr(South)(Pub Hrg 9/9) RE 108-54. No 86 Sept 2 M. Horton- Agent, Use 2227 South Park for A Ground Sign(South)(no pub hrg) API 109- 55. Com 1 Sept 2 Appt Comm of Human Resources -Karla L Thomas(Mayor) API 110-56. No 79 July 22 D. Franczyk -Bflo News Article Loud Music R& 111-57. Res 159 July 22 Impound /Boot Boom Cars Violating Noise Ordinance API 112-58. No 67 June 24 R. Shark & O- Support Changing Midland St to One- Way(Lov) R& 113-59. No 68 Apr 29 D. Suchan, Agent, Use 565 Abbott Rd, Mercy Hosp. For A Helipad(South)(hrg 5 /6)(hrg 9/16) API 114-60. No 62 June 24 Phillips Lytle -Mercy Hospital Helipad -565 Abbott Rd (South) R& 115-61. No 62 Apr 15 Phillips Lytle, LLP- Represent -Mercy Hospital Helipad -565 Abbott Rd R& 116- 62. Com 48 Feb 19 D. Rivera- Info Buffalo Police Exam R& 117-63. No 39 Feb 5 J. Brown -Info COB Police Examination R& 118-64. No 108 Oct 30 Ord Amend - Chapter 137 -Code Enforcement( #157,3/6) R& 119-65. No 109 Oct 30 Ord Amend - Chapter 175 - Fees( #158, 3/6) R& 120-66. No 110 Oct 30 Ord Amend - Chapter 265 Property Managers( #159, 3/6) R& 121-67. No 120 July 22 R. Stanton - Proposed Improvements 481 -483 Delaware (Ell) (48,6/24)(101,7 /8)(22,7/30) RI COMMIT MIT CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, SEPTEMBER 16, 2008 AT 2:00 P.M. Present - David A. Franczyk, President of the Council, and Councilmembers: Davis Fontana, Golombek, Kearns, LoCurto & Rivera, Russell & Smith - 9 Absent - 0 On a motion by Mr. Fontana, Seconded by Mr.Golombek , the minutes of the stated meeting held on September 2, 2008 were approved. FROM THE MAYOR NO. 1 AGREEMENT FOR SERVICE BUFFALO CIVIC AUTO RAMPS (BCAR) I hereby forward to you the contract of the lowest responsible bidder who responded to the Request for Proposal issued by the City of Buffalo Board of Parking. Permission is hereby requested for the City of Buffalo to enter into agreement with the Buffalo Civic Auto Ramps (BCAR) for the purpose of providing and maintaining the Residential Area Parking Program (RAPP). Mr. Fontana moved: That the above communication from the Mayor dated September 11, 2008, be received and filed; and That the Chairperson of the Board of Parking be, and she hereby is authorized to enter into an agreement with the Buffalo Civic Auto Ramps for the purpose of providing and maintaining the Residential Area Parking Program. PASSED AYES -9 NOES -0 NO. 2 APPOINTMENT - COMMISSION ON CITIZENS' RIGHTS AND COMMUNITY RELATIONS Pursuant to Article XVIII, Section 20 of the Code of the City of Buffalo, I hereby appoint Kenneth A. Simmons, 7 Eller Street, Buffalo, New York, 14211 to serve on the Commission on Citizens' Rights and Community Relations Board for a 3 year term, commencing immediately and expiring August 31,2011. Mr. Simmons currently serves as the Facilities Manager for Citizen Action Organization of Erie County at the Edward A. Saunders Center. He is responsible to supervise the day -to -day operation of the organization, develop and implement community programs and provide services for youth and young adults, manage senior programs and make referrals to outside agencies. Mr. Simmons also served as Youth Program Coordinator for Citizen Action Organization of Erie County from 2002 -2007. I hereby certify that Kenneth A. Simmons is fully qualified to serve as member of the Commission on Citizens' Rights and Community Relations. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DIVISION OF COLLECTIONS FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO. 3 SUBMISSION OF MONTHLY REPORT- AUQUST 2008 The Office of Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Call and Resolution Center for the month of August 2008, as mandated by Section 6 -20(c) of the City of Buffalo's City Charter. This monthly statistical report details the number and nature of inquiries, requests and complaints received, classified by Councilmatic district. RECEIVED AND FILED NO.4 RESPONSE AUDIT REPORT- MAYOR'S IMPACT TEAM Be advised that we have reviewed the audit completed by the comptroller office and is in agreement with its findings. As mentioned in the report, we have cooperated in full with the audit and have instituted its recommendations. This Division continues to monitor the activities of the Impact Team and work tirelessly to improve the effectiveness of the Impact Team activities within the City of Buffalo. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE CITY PLANN1NG BOARD NO. 5 NOTICE OF DETERMINATION OF NON- SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEAR), Article 8 of the New York State Environmental Conservation Law. City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Inlight Art Glass Location 565 Elmwood Avenue Type of Action: Unlisted - Coordinated Description: Robert O'Hara, Architect on behalf of Mr. Giuliano Deganis is proposing the construction of building additions with handicap access to the building located at 565 Elmwood Avenue, Buffalo New York. The reason for the additions are to expand the retail portion of the building on the ground level in order to provide handicapped access to that portion of the ground floor level that iS approximately fourteen (14) inches below the Elmwood avenue entry level and in a second phase, provide two additional apartments on the third floor. The project is privately funded in the amount of $75,000 dollars. Permission was granted by the Buffalo Common Council CCP - 84 of June 12, 2007 to encroach the right of way and authorizing a "mere license ". The Zoning Board of Appeals at their meeting held on June 20, 2007 granted a variance to erect and use the extension of a building in the right of way. The Public Works Department has also approved the encroachment. Plans were filed for a building permit on December 20, 2007. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: the building addition will allow Inlight Glass to expand its operations as well as provide handicap accessibility to the building. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - (716) 851 -5085. Dated: August 19, 2008 RECEIVED AND FILED NO. 6 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON- SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEAR), Article 8 of the New York State Environmental Conservation Law. Lead Agency City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Primera Iglesia Methodista Unida Church Location: 231 Trenton Street, 84 Virginia Street Type of Action: Unlisted - Coordinated Description: Primera Iglesia Methodista Unida Church is proposing the construction of a parking lot located at 231 Trenton Street, 84 Virginia Street, Buffalo New York. The lots are directly across the street from the church and an existing parking lot. The new lot will contain 12 spaces. A new wood fence with landscaping will be installed. A variance from the Zoning Board of Appeals has been obtained to facilitate a parking lot in a R3 zoning district.. The project is privately funded in the amount of $75,000 dollars. As • result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact on the quality of the environment. No further environmental review of this action will be conducted pdor to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: the church membership has recently grown and the new membership requires additional parking to accommodate the new growth. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - (716) 851 -5085. Dated: August 19. 2008 RECEIVED AND FILED NO. 7 SEQRA LEAD AGENCY REQUEST 266 HOPKINS ST. BUFFALO RECYCLING ENTERPRISE LLC The City Planning Board at its regular meeting held Tuesday, August 19, 2008, considered the matter captioned above. Buffalo Recycling Enterprises LLC is proposing to construct a single- stream recycling facility to handle curbside recycles on the property located at 266 Hopkins Street, Buffalo, New York. A single- stream system was selected because the process is less complicated for residents and should result in more participation in a recycling program. Prior to the implication of the above referenced project, the requirements of the New York State Environmental Quality Review Act (SEQRA) must be satisfied. The project, as defined under SEQRA, is an "Unlisted Action" for which the completed of a coordinated environmental assessment review is recommended by the City of Buffalo Planning Board. As per Section 617.6 of the State regulations, an agency responsible for determining the effect of the project on the environment must be designated from the involved (approving) SEQRA agencies within 30 calendar days of this communication. It is proposed that the City of Buffalo Planning Board act as SEQRA Lead Agency for all approving actions. If the Common council has no objection to the City of Buffalo Planning Board acting as SEQRA Lead Agency, please inform them within the 30 day period. The project Environmental Assessment Form (EAF) is enclosed for your review. RECEIVED AND FILED NO. 8 SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Rock Harbor Commons Location: 31 Tonawanda Street Type of Action: Unlisted- Coordinated Description: Edward Hogle is proposing the redevelopment of the existing structure located on the property at 31 Tonawanda Street Buffalo New York, A variance from the Zoning Board of Appeals is required as Is a 239M referral to the county of Erie. The redevelopment plan includes the creation of 285 beds for college housing split among 1, 2, and 3 bedroom units within 134,000 square feet among 3 and 1.4 5oom. Student lounge and service facilities, vending machines video games will be located in the basement area. Parking will be provided on site and local adjourning streets, The property is in dose proximity to Buffalo State College, D'Youville College and Canisius College. The project has the support of the Riverkeepers, local Good Neighbor Planning Alliance and local government officials. The project is privately funded with the estimated cost being approximately $10,500,000 dollars, As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: This project will rebuild a building that has been vacant for sometime and possibly serve as an incubator for future development in this area of Black Rock. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 Dated: Auoustlg. 2008 RECEIVED AND FILED FROM THE PRESIDENT OF THE COUNCIL NO. 10 617.20 APPENDIX A STATE ENVIRONMENTAL QUAFITY REVIEW FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1 : Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially -large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially - large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions Identify the Portions of are completed for this project: [] Part1 [] Part2 " []Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: X The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. Although the project could have a significant effect on the environment, [here will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.' The project may result in one or more large and important impacts that may a significant impact on the environment therefore a positive declaration will be prepared A conditioned Negative Declaration is valid only for Unlisted Actions RECEIVED AND FILED FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 11 NOTIFICATION SERIAL# 10226 REPEAL NO PARKING ON WEST HURON STREET, SOUTH SIDE BETWEEN NIAGARA STREET AND SOUTH ELMWOOD AVENUE (ELLICOTT) NO PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING Prohibited Portion of Highway Prohibited Period West Huron Street, south side At all times between Niagara Street and FROM THE COMPTROLLER NO. 9 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS COMMON COUNCIL- LEGISLATIVE We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that it is necessary that the sum of $3,500 be transferred and reappropriated within the Common Council Legislative, as set forth below: From: Common Council Legislative 10102001 - 412002 Hourly Salary $3,500 To Common Council Legislative 1011000— 458001 Transportation $1,000 1011000- 458002 Meals & Lodging $2,000 1011000- 458003 Registration & Membership Fees $ 500 Dated: Buffalo, NY, September 10, 2008 RECEIVED AND FILED FROM THE PRESIDENT OF THE COUNCIL NO. 10 617.20 APPENDIX A STATE ENVIRONMENTAL QUAFITY REVIEW FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1 : Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially -large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially - large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions Identify the Portions of are completed for this project: [] Part1 [] Part2 " []Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: X The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. Although the project could have a significant effect on the environment, [here will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.' The project may result in one or more large and important impacts that may a significant impact on the environment therefore a positive declaration will be prepared A conditioned Negative Declaration is valid only for Unlisted Actions RECEIVED AND FILED FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 11 NOTIFICATION SERIAL# 10226 REPEAL NO PARKING ON WEST HURON STREET, SOUTH SIDE BETWEEN NIAGARA STREET AND SOUTH ELMWOOD AVENUE (ELLICOTT) NO PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING Prohibited Portion of Highway Prohibited Period West Huron Street, south side At all times between Niagara Street and South Elmwood Avenue This action is being taken in order to provide additional long term on street parking in a high demand area. NO. 11 NOTIFICATION SERIAL # 10227 INSTALL NO PARKING ON WEST HURON STREET, SOUTH SIDE BETWEEN RABIN TERRACE AND SOUTH ELMWOOD AVENUE (ELLICOTT) NO PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD West Huron Street, south side At all times between Rabin Terrace and South Elmwood Avenue This action is being taken in order to provide additional long term on street parking in a high demand area. DATE: September 10, 2008 NOTIFICATION SERIAL # 10228 INSTALL METERED PARKING ON WEST HURON STREET, SOUTH SIDE BETWEEN NIAGARA STREET AND RABIN TERRACE (EXCLUDING EXISTING NO PARKING AND NO STANDING AREAS) PERMISSIVE PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 29 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: METERED PARKING Metered Parking Locations Period of Metered Parking Rate of Metered Parking West Huron Street, south side 10 Hour Parking Rate D between Niagara Street and Rabin Terrace 7:00 am to 5:00 pm $2.00 per day (excluding existing No Monday - Friday Parking and No Standing areas) This action is being taken in order to provide additional long term on street parking in a high demand area NOTIFICATION SERIAL # 10244 NO STANDING SCHOOL DAYS - INSTALL ON AMHERST STREET, NORTH SIDE BETWEEN LINCOLN PARKWAY AND A POINT 260' EAST THEREFROM. (NORTH DISTRICT) NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Amherst Street, north side 8:00 am to 4:00 pm between Lincoln Parkway and a point 260' east therefrom. School Days This action is being taken in order to allow for safe loading and unloading of school buses in front of Olmsted School #64. NOTIFICATION SERIAL # 10247 INSTALL HANDICAPPED PARKING MARINE DRIVE (EAST DRIVE), EAST SIDE BETWEEN MARINE DRIVE AND A POINT 60' NORTH THEREFROM. (ELLICOTT DISTRICT) HANDICAPPED PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agendas an item business. That that part of Subdivision 26 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: HANDICAPPED PARKING HANDICAPPED PARKING LOCATION PERIOD OF HANDICAPPED PARKING Marine Drive (east drive), east side At all times between Marine Drive and a point 60' north therefrom. This action is being taken in order to provide two on- street handicapped parking spaces near the entrance to the Inner Harbor. Waive 45 Days RECEIVED AND FILED NO. 12 BANNERS WITHIN CITY RIGHT OF WAY ITEM NO. 128. C.C.P 09/02/08, NO. 130. C.C.P. 09/02/08, NO. 132 C.C.P. 09/02/08 The Department of Public Works, Parks & Streets has reviewed the following requests to hang banners and has no objection provided all conditions provided to the applicants by the Division of Engineering are met. 1. Item #128, CCP 9/2/08, "Permission to Hang Frags Around Erie Community College City Campus" 2. Item #130, CCP 9/2/08, "Permission to Sorrento Lactalis Commercial's Inc. to Hang Banner on South Park Ave" 3. Item #132, CCP 9/2/08, "Permission to Hang 'Wheels Around the Park' Banner" RECEIVED AND FILED NO. 13 CHANGE IN CONTRACT RESURFACING OF CITY PAVEMENTS - 2008, GR. #686 DESTRO & BROTHERS CONCRETE CO., INC. CONTRACCT #93000171 I hereby submit to your Honorable Body the following unit price additions to the contract for the above named Project. This change order is necessary to cover asphalt adjustmenet for the above mentioned contract. Contract Description Unit Estimated Estimated Item Price Quantity Cost 04.900 Asphalt Adjustment Lump Sum 100% $450,000.00 Existing Contract Amount $2,921,957.61 Increase in Contract $ 450,000.00 Total Contract to Date $3,371,957.61 Funds are available in Capital Projects Account #31310406 - 445100. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to Destro & Brothers Concrete Co., Inc. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 10, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to Destro & Brothers Concrete Co., Inc., an increase in the amount of $450,000.00, as more fully described in the above communication, for work relating to Resurfacing of City Pavements - 2008, Group #686, Contract #93000171. Funds for this project are available in Capital Projects Account #31310406 - 445100. PASSED AYES -9 NOES -0 NO. 14 CHANGE IN CONTRACT ROOSEVELT PARK SHELTER HOUSE ROOF REPLACEMENT JOB #0750 UNIVERSITY DISTRICT I hereby submit to Your Honorable Body the following changes for the Roosevelt Park Shelter House, Roof Replacement, Grove Roofing Services, Inc., C #93000096. The following was unknown until the roof was exposed. The building is now open to the weather and the Commissioner has deemed this an emergency. 1. Provide and install Soprema Vapor Barrier over concrete deck substrate; 3.0" isocyanurate insulation over vapor barrier in Soprema High Velocity insulation adhesive; Soprema 1/8" recovery board over base layer of insulation in Soprema High Velocity insulation adhesive; pressure treated blocking along entire perimeter to match insulation height; reconstruct deteriorated perimeter plywood with new %" P.T. Plywood; inspect vent pipe penetrations and open where possible; remove 1 curb penetration and infill where missing on roof plan. Add $34,565.04 2. Remove existing gutter and property dispose of; rebuild damaged wood trusses w /new PT blocking; install new galvanized gutter, including soldered seams, expansion joint and hangers; provide positive slope to downspouts to eliminate standing water; test cleanouts of existing plumbing hubs. Add $7,481.51 The foregoing change results in a net increase in the contract of Forty Two Thousand Forty Six and 55/100 Dollars ($42,046.55). Summary Original Contract Amount $60,100.00 Change Order # 1 $60,100.00 Revised Contract Amount $102,146.55 Costs have been reviewed by the consulting architect (Stieglitz Snyder Architecture) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in J0320606 445100 - Division of Buildings. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 10, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to Grove Roofing Services, Inc., an increase in the amount of $42,046.55, as more fully described in the above communication, for work relating to Job No. #0750, Roosevelt Park Shelter House, Roof Replacement, C #93000096. Funds for this project are available in 30320606 445100 - Division of Buildings. PASSED AYES -9 NOES -0 NO. 15 CHANGE IN CONTRACT SYCAMORE VILLAGE SUBDIVISION SITE DEVELOPMENT - 2007, GR. #678 CONTRACT #93000043 1 hereby submit to your Honorable Body the following unit price additions to the contract for the above named Project. This change order is necessary in order to complete the project. The following work will be based on actual field measurements and shall not exceed $283,334.45. Work performed will be inspected by Nausbaumer & Clarke, Inc. the City of Buffalo field representative. Contract Description Unit Estimated Estimated Item Price Quantity Cost 90.500A Miscellaneous Construction Lump Sum 100% $283,334.45' Allowance A. Utility Rock grenching $61,400.00 B. Rock removal at light standard foundations $6,534.45 C. Entry Walls $114,425.00 D. Perimeter Fencing $99,475.00 E. Power wash pavement $283,334.45 Existing Contract Amount $492,715.00 Increase in Contract $283,334.45 $776,049.45 Funds are available in Capital Projects Account #30311306 - 445100. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to Destro & Brothers Concrete Co., Inc. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 10, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to Destro & Brothers Concrete Co., Inc., an increase in the amount of $283,334.45, as more fully described in the above communication, for work relating to Sycamore Village Subdivision Site Development - 2007, Group #678, Contract #93000043. Funds for this project are available in Capital Projects Account #30311306 - 445100. PASSED AYES -9 NOES -0 NO 16 CONTRACT EXTENSION INTERMUNICIPAL AGREEMENT BETWEEN THE CITY OF BUFFALO AND THE COUNTY OF ERIE MUNICIPAL WASTE REDUCTION AND /OR RECYCLING PROJECT The City of Buffalo has the option of extending an Intermunicipal Agreement (IMA) with the County of Erie. The IMA currently runs through December 31, 2008 and can be extended for an additional one (1) year period through 2009. This extension will allow the City to access the remaining New York State Department of Environmental Conservation Grant Funds ($59,893.00), as well as additional funds allocated by the County ($24,893.00) to assist with the required local match. I respectively request that Your Honorable Body authorize the Mayor of the City of Buffalo to enter into the contract extension, renewing the IMA for an additional one (1)year in compliance with the attached IMA, Article IV. REFERRED TO THE COMMITTEE ON FINANCE. NO 17 INCREASE IN CONTRACT SOUTH PARK /LOUISIANA ST. RECONSTRUCTION INSPECTION PROJECT CONTRACT #92010565 1 herewith submit to your Honorable Body the following increase in contract for additional work related to the South Park/Louisiana Street Reconstruction Inspection Project, Contract #92010565, with DiDonato Associates 1 .) Additional Construction Inspection for the South Park/Louisiana Street Reconstruction (Bridge reconstructions) - total $10,361.90 Funds are available in account #30032106 - 445100. A contract summary is as follows: Original Contract amount: $116,000.00 Amount this change: $ 10,361.90 Revised Contract Amount: $126,361.90 Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 10, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to DiDonato Associates, an increase in the amount of $10,361.90, as more fully described in the above communication, for work relating to South Park/Louisiana Street Reconstruction Inspection Contract #92010565. Funds for this project are available in #300032106 - 445100. PASSED AYES - 9 NOES — 0 NO 18 MAP MODERNIZATION WORK BOOK AND FLOOD MAP RE: FLOOD ZONE Mr. Chwalinski, In response to a correspondence dated August 28, 2008 from South District Council Member Kearns please find attached 3 copies of the map modernization workbook and flood maps from the Department of Public Works. I am requesting that these be filed for Council review. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW RECEIVED AND FILED NO 19 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR ERIE BASIN MARINA OBSERVATION PLATFORM / BOARDWALK PROJECT ELLICOTT I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire a consultant to provide study and design for the Erie Basin Marina Observation Platform / Boardwalk Project. The costs for consulting services are estimated not to exceed $100,000.00 and the construction cost is estimated to be $750,000.00. The consultant will be chosen through a Request for Proposal (RFP) process and the construction will be publicly bid. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 9, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire a consultant to provide study and design for the Erie Basin Marina Observation Platform /Boardwalk Project. PASSED AYES - 9 NOES — 0 NO 20 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR PHASE 3 OF THE LARGE METER REPLACEMENT PROJECT CITY -WIDE I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire a consultant to provide study, design, bid, and construction management services for Phase 3 of the Large Meter Replacement Program. The costs for consulting services are estimated not to exceed $100,000.00 and the construction cost is estimated to be $500,000.00. The funds are available in a Division of Water account 53180666 445100. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 9, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire a consultant to provide study, design, bid and construction management services for Phase 3 of the Large Meter Replacement Program. Funds for this project are available in a Division of Water account 53180666 445100. PASSED AYES - 9 NOES — 0 NO 21 PERMISSION TO HIRE CONSULTANT — EMERGENCY BRIDGE REPAIR As directed by the aforementioned Council Resolution Your Honorable Body authorized the Department of Public Works, Parks and Streets to hire an Engineering Consultant for a term Emergency Bridge Repair Contract. The aforementioned resolution identified account 30310506 - 445100 for this work. Upon learning that the account lacked sufficient funds to cover the cost of the work, the Department of Public Works, Parks and Streets wishes to amend the aforementioned approval and request that funds for this contract be drawn from Capital Highway Account 30032106 - 445100. We consider this to be an emergency as current conditions in the field represent a hazard to public safety and welfare, and are deteriorating on a daily basis. We appreciate your rapid consideration of this request. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 29, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to amend the Engineering Consultant for a term Emergency Bridge Repair Contract by amending the funds for this contract to be drawn from Capital Highway Account 30032106- 445100. PASSED AYES -9 NOES -0 NO 22 PERMISSION TO HIRE CONSULTANT - EMERGENCY VAULT /TUNNEL REPAIR The Department of Public Works, Parks and Streets is hereby requesting permission to hire an Engineering Consultant and Contractor for the failing vault /tunnel at the former AM &A's retail and warehouse on Washington between East Eagle and Clinton. Funds will be drawn from Capital Highway Account #30032106 - 445100. We consider this to be an emergency as current conditions in the field represent a hazard to public safety and welfare, and are deteriorating on a daily basis. We appreciate your immediate consideration to this request. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 10, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire an Engineering Consultant and Contractor for the facility vault /runnel at the former AM &A's retail and warehouse on Washington between East Eagle and Clinton Streets. Funds for this project will be drawn from Capital Highway Account #30032106 - 445100. PASSED AYES - 9 NOES — 0 NO 23 PERMISSION TO HIRE CONSULTANT - FLOOD REVIEW As Your Honorable Body is aware the Federal Emergency Management Agency recently updated flood plain maps for areas of South Buffalo. As part of our review of these maps our Department found it necessary to hire an Engineering Consultant to assist our review and check the maps for accuracy. DiDonato Associates, P.E., P.C. 689 Main Street, Buffalo, New York 14203 was selected for this job as a result of their past experience and key staff members. Due to the fact that this was a time sensitive issue DiDonato Associates was asked to begin the review process immediately on a time and material basis. I respectfully recommend Your Honorable Body authorize the Department of Public Works to pay DiDonato Associates for their work on this project in an amount not to exceed $35,000.00. Funds for this work are available in account #30032106 - 445100. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 10, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire DiDonato Associates, P.E., P.C., as an Engineering Consultant to assist the department with review and check the maps for accuracy. Funds for this project in an amount not to exceed $35,000.00 and are available in #30032106 - 445100. PASSED AYES - 9 NOES — 0 NO 24 PERMISSION TO HIRE CONSULTANT FOR INSPECTION OF FUHRMANN BLVD. AND VARIOUS ROAD IMPROVEMENTS I hereby request permission from Your Honorable Body to hire an Engineering Consultant for construction administration and inspection of road, traffic and safety improvements to Fuhrmann Blvd., south of the Union Ship Canal, and other road construction projects. The funds for these services are available in Accounts # 31730006 - 445600, #30032106 - 445100, and #31310206 - 445100. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 8, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire an Engineering Consultant for construction administration and inspection of road, traffic and safety improvements to Fuhrmann Boulevard, south of the Union Ship Canal, and other road construction projects. Funds for this project are available in Accounts #31730006 - 445600, #30032106 - 445100, and #31310206- 445100. PASSED AYES - 9 NOES — 0 NO 25 PERMISSION TO INCREASE CONTRACT NUSSBAUMER & CLARKE CONTRACT #93000048 ELLICOTT I hereby submit to Your Honorable Body the following change for this contract. Nussbaumer & Clarke is the engineering consultant for the Sycamore Village Project for the City of Buffalo. The project included study, detailed design, and construction management. This increase is necessary for additional design services due to changing and unknown field conditions including additional rock excavation in conjunction with new housing construction on site and additional construction management. I respectfully 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 & Streets to issue said increase for $76,000.00. The funds are available in Capital Projects account 30311306 445100. Original Contract Amount $100,000.00 Previous Change Orders $ 0.00 This Change Order $ 76,000.00 Total $176,000.00 That the above communication from the Commissioner of Public Works, Parks and Streets dated September 9, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to Nussbaumer & Clarke, an increase in the amount of $76,000.00, as more fully described in the above communication, for work relating to Sycamore Village Project, #93000048. Funds for this project are available in Capital Projects account 30311306 445100. PASSED AYES - 9 NOES — 0 NO 26 PERMISSION TO ACCEPT /EXECUTE GRANT AGREEMENTS COMMUNITY CAPITAL ASSISTANCE PROGRAM MLK PARK SHELTER HOUSE RENOVATION (MASTEN) Please be advised that our department is in receipt of a $ 500,000 grant from the Dormitory Authority of the State of New York (DASNY) for restoration of the MLK Park Shelter House and site improvements. Permission is being requested from your Honorable Body to accept this grant and allow the Commissioner of the Public Works, Parks & Streets to enter into and execute all related documents /agreements associated with the project. These funds will be utilized for completely restore the building's interior and exterior, including roof & gutter system, masonry, foundation, windows and Electrical /Plumbing /HVAC system. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 10, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to enter into and execute all related documents /agreements and to accept a $500,000 grant from the Dormitory Authority of the State of New York for the MLK Park Shelter and House Renovation. PASSED AYES -9 NOES -0 NO 27 REPORT OF BIDS TIRE DISPOSAL FOR THE CITY OF BUFFALO I advertised for on July 23, 2008 and received the following formal sealed bids for the Tire Disposal for the City of Buffalo, which were publicly opened and read on August 12, 2008: Modern Recycling, Inc. 4746 Model City Road Model City, NY Price Per Ton Picked -Up At The Broadway Garage $ 65.00 Price Per Ton Delivered To Bidder's Tire Disposal Facility $ 42.00 Price Per Ton Delivered To Alternate Drop Off Site $ 65.00 Geiter Done of WNY, Inc. 300 Greene Street Buffalo, NY Price Per Ton Picked -Up At The Broadway Garage $ 84.50 Price Per Ton Delivered To Bidder's Tire Disposal Facility $ 81.50 Price Per Ton Delivered To Alternate Drop Off Site $ No Bid I hereby certify that the foregoing is a true and correct statement of all bids received and that Modern Recycling, Inc. with the above quoted bid 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 & Streets to order the work on the basis of the low bid. Funds for this project are available in Account No. 52002606- 442100, Engineering. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 4, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Tire Disposal for the City of Buffalo, to Modern Recycling, Inc., the lowest responsible bidder. Funds for this project are available in Account No. 52002606- 442100 - Engineering. PASSED AYES - 9 NOES — 0 NO 28 REQUEST PERMISSION TO PURCHASE VEHICLES & EQUIPMENT 1) (1) Ford F550 with an 8Yd refuse body from NYS Contract 1- PC63962. $64,080.00 2) (15) Motorola HT1250 Portable Radio Model #AAH25RDF9AA N. $12,472.50 Total $76,552.50 Funds for these will come out of following account: 30500106- 445100 Mr. Fontana moved That the above communication from the Commissioner of Public Works, Parks and Streets dated September 4, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to purchase vehicles and equipment, as listed above. That the purchase of these vehicles is approved contingent on the new vehicles being designated as not authorized for take -home use, marked with the City Seal in accordance with Chapter 53 of the City Code, and concurrent with use, that the replaced vehicles be removed from City service and disposed of by the Director of Purchase in the best interests of the City. Funds for this project are available in 30500106 - 445100. PASSED AYES -9 NOES -0 NO 29 REQUEST PERMISSION TO PURCHASE VEHICLES & EQUIPMENT 1) (2) Snow Plows / Salt Spreader $300,000.00 2) (1) 550 GMC Snow Plow $ 70,000.00 TOTAL $370,000.00 Funds for these will come out of following account: 38300106 - 445100 Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 4, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to purchase vehicles and equipment, as listed above. That the purchase of these vehicles is approved contingent on the new vehicles being designated as not authorized for take -home use, marked with the City Seal in accordance with Chapter 53 of the City Code, and concurrent with use, that the replaced vehicles be removed from City service and disposed of by the Director of Purchase in the best interests of the City. Funds for this project are available in 38300106 - 445100. PASSED AYES -9 NOES -0 NO 30 COMPUTER PURCHASE We would like to purchase our old computers which are no longer used. The serial number for my computer is # 00019 -102 506 150. The monitor is 23B0l407759. There is no printer. Charles Masi's computer is serial # 00019 -113 420 200. We are offering $20.00 each for our computers. Mr. Fontana moved: That the above communication from Charlene Bucino dated September 2, 2008, be received and filed; and That the Directors of MIS and Purchase be, and they hereby are authorized to accept from Charlene Bucino, $20.00 each for the two (2) computers as more fully described above. PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF POLICE NO 31 CHANGE ORDER FOR CONTRACT #93000079 CITYWIDE SURVEILLANCE CAMERA PROJECT I hereby submit to Your Honorable Body the following changes for the Citywide Surveillance Camera Project, Contract #93000079: Johnson Controls to provide structural engineering professional services to meet Preservation Board requirements regarding installation of various antennas and back haul equipment, obtain City of Buffalo permits regarding antenna arrays and back haul equipment, and remove and re- locate three cameras from the existing city wide wireless video surveillance system. The foregoing changes result in a net increase in the contract of $32,146.00 Summary Current contract amount $3,233,568.00 Amount of this change order ( #3) $ 32,146.00 Revised contract amount $3,265,714.00 Costs have been reviewed by the Department of Police, Planning and Analysis unit and were found to be fair and equitable. Funds for this work are being provided through State Efficiency Funds in account #24310517 - 474100. have any questions or concerns, please contact Inspector Joseph Strano at 851 -4879 or Captain Mark Makowski at 851 -5643. Thank you in advance for your cooperation and expediency in addressing this matter. Mr. Fontana moved: That the above communication from the Commissioner of Police dated September 9, 2008, be received and filed; and That the Commissioner of Police be, and he hereby is authorized to issue change order No. 3, an increase in the amount of $32,146.00, as more fully described in the above communication, for work relating to Citywide Surveillance Camera Project, Contract #93000079. Funds for this project are available through State Efficiency Funds in account #24310517- 474100. PASSED AYES -9 NOES -0 NO. 32 DRUG ASSET FORFEITURE WIRE TRANSFERS 08 -DEA- 495417 C2 -08 -0052 2,095.09 07 -DEA- 491645 C2 -08 -0010 1,719.49 08 -DEA- 495103 C2 -08 -0046 966.46 08 -DEA- 495415 C2 -08 -0051 4,214.89 08 -DEA- 493998 C2 -08 -0033 3,602.29 08 -DEA- 495491 C2 -08 -0055 1,754.89 08 -D EA- 495945 C2 -08 -0059 19,114.27 08 -DEA- 496122 C2 -08 -0060 1,947.38 08 -D EA- 495299 C2 -08 -0050 1,132.34 08 -DEA- 496224 C2 -07 -0127 4,721.45 08 -DEA- 495947 C2 -08 -0057 4,707.64 08 -DEA- 496276 C2 -07 -0127 947.90 08 -D EA- 496314 C2 -08 -0066 1,137.74 08 -DEA- 496133 C2 -08 -0062 3,545.89 TOTAL $60,714.97 The Drug Enforcement Administration (DEA) and /or U.S. Customs has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000 - 389001 15% of these funds have been deposited into SAFF account 10360 for fulfilling year 3 expenditures under SAFF legislation. The remaining funds will be placed into one or more of the following accounts as deemed necessary by the Commissioner of Police: Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above Joseph Strano at 851 -4624. REFERRED TO THE SPECIAL COMMITTEE ON POLICE OVERSIGHT FROM THE COMMISSIONER OF FIRE NO. 33 PURCHASE OF FIRE APPARTUS & PERMISSION TO AUCTION OLD APPARATUS THE BUFFALO FIRE DEPARTMENT IS REQUESTING PERMISSION TO PURCHASE APPARATUS THROUGH CAPITAL FUNDING AS FOLLOWS: 1 REAR MOUNT TRUCK CONTRACT #7350 @ A COST OF $680,833.00 5 PUMPERS WITH HOSE CONTRACT # 7351 @ A COST OF $2,103,848.00 2 MID MOUNT TRUCKS CONTRACT #7380 @ A COST OF $1,658,252.00 IN ADDITION TO PURCHASING NEW APPARATUS, WE ARE REQUESTING PERMISSION TO AUCTION THE FOLLOWING APPARATUS: LADDER TRUCKS F -248 1995 KME 75' LADDER F -250 1995 PIERCE 100' LADDER PUMPERS F -213 1983 GRUMEN F -214 1984 PIRSCH F -300 1985 PIRSCH F -304 1987 PIERCE F -308 1987 PIERCE Mr. Fontana moved: That the above communication from the Commissioner of Fire dated September 10, 2008, be received and filed; and That the Commissioner of Fire be, and he hereby is authorized to purchase apparatus, as listed above, through Capital funding and the Director of Purchase is authorized to auction the vehicles listed in the attached upon terms and conditions favorable to the City. PASSED AYES -9 NOES -0 FROM THE CORPORATION COUNSEL NO. 34 MERCY HOSPITAL /CATHOLIC HEALTH SYSTEM HELIPAD APPLICATION ITEM NO. 62, C.C.P. 04/15/08 ITEM NO. 126, C.C.P. 04/15/08 ITEM NO. 62, C.C.P. 06/24/08 Attached hereto are the responses from the Interested and Involved Agencies in the SEQRA review process for the Mercy Hospital /Catholic Health System Helipad Application (Item No. 62, C.C.P. 04/15/08 and Item No. 62, C.C.P. 06/25/08). The Common Council solicited Lead Agency status through the Resolution identified as Item No. 126, C.C.P. 04/15/08 and, as evidenced by the attached correspondence, all of the Involved Agencies consented to the Council acting as such. The Council can therefore formally declare itself as the Lead Agency and is responsible for making a Determination of Significance regarding the project pursuant to the SEQRA Regulations. Also attached is correspondence from the New York State Department of Transportation indicating compliance with General Business Law §249 pursuant to City Charter and Code §63 -3. Thank you for your attention to this matter. RECEIVED AND FILED FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 35 FOODSTORE 465 BEST (ELLICOTT DISTRICT) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Foodstore License located at 465 Best and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office 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. 36 FOODSTORE LICENSE 1981 NIAGARA (NORTH DISTRICT) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Foodstore License located at 1981 Niagara and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated August 27, 2008, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Alicia Mitchell, d /b /a Black Rock Deli, Inc., located at 1981 Niagara Street. PASSED AYES -9 NOES -0 NO. 37 RESTAURANT DANCE (RENEWAL) 1 MAIN (ELLICOTT DISTRICT) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 1 Main (HSBC Arena Headlines Bar) for which said renewal application for a Restaurant Dance Class IH license is being sought by HSBC Arena and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services, dated August 27, 2008, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to renew a Restaurant Dancing Class 111 License to HSBC Arena d /b /a Arena Headlines Bar located at 1 Main Street. PASSED AYES -9 NOES -0 NO. 38 CERTIFICATE OF APPOINTMENT Appointment effective September 8, 2008 in the Department of Economic Development, Permits and Inspections, Division of Administrative Office to the Position of Special Assistant to the Commissioner of EDPIS, Provisional at the Maximum Salary of $34,133 Michael L. Marcy, 40 Orchard Place, Lackawana, NY 14218 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CITY CLERK NO. 39 AUTO ALLOWANCE I transmit herewith certificates of auto allowance submitted for the following individuals in the various departments listed below: Public Works Mr. Joseph Ziemba RECEIVED AND FILED. NO. 40 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Address Business Name Owner's Name 317 Hopkins 317 Hopkins Michael Burke 376 Grant St G &G of Grant St G &G of Grant St 492 Pearl St Encore Restaurants Joseph Gugino & Dale Segal RECEIVED AND FILED NO. 41 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: Public Works, Streets & Parks- Paul V Sullivan RECEIVED AND FILED NO. 42 APPOINTMENTS - MAYOR'S YOUTH OPPORTUNITY & EMPLOYMENT I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. RECEIVED AND FILED. CERTIFICATE OF APPOINTMENT Appointment Effective August 1, 2008 in the Department of Community Services, Division of Youth to the Position of Intern III, Seasonal at the Flat Salary of $8.15 per hour Nakeata Hill, 37 Courtland Ave, Buffalo, NY 14215 Latisha Wilkinson, 139 Deerfield Ave, Buffalo, NY 14215 NO. 43 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 August 29, 2008 in the Department of Public Works, Division of Streets to the Position of Truck Driver, Temporary at the Minimum Salary of $27,646 Brian K. Norman, 70 Gail Avenue, Buffalo, NY 14215 CERTIFICATE OF APPOINTMENT Appointment Effective August 29, 2008 in the Department of Public Works, Division of Buildings to the Position of Painter, Permanent, Non Competitive at the Minimum Salary of $30,072 Richard Veroba, 24 Lester Street, Buffalo, NY 14210 CERTIFICATE OF APPOINTMENT Appointment Effective September 15, 2008 in the Department of Community Services, Division of Substance Abuse Services to the Position of Clinical Substance Abuse Support Nurse RN, Permanent, Non Competitive at the minimum at the Starting Salary of $45,207 Nocole Blair, 224 Oxford Ave, Buffalo, NY 14209 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 44 MEMORANDUM MONTHLY REPORT FOR THE BUFFALO WATER BOARD As requested by the Common Council, please find attached a copy of the monthly operations report for the Buffalo Water System for receipt and file. REFERRED TO THE COMMITTEE ON FINANCE. NO. 46 MEMORANDUM BOARD PACKET DOCUMENTS Attached are the following documents from the Joint Schools Construction Board meeting scheduled on September 8, 2008: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated August 4, 2008 3. Fully Executed Phase III Application and Certificate for Payment No. 16 -July 2008 4. Fully Executed Phase II Application and Certificate for Payment No. 41 -July 2008 5. Phase III Application and Certificate for Payment No. 17 - August 2008 6. Phase II Application and Certificate for Payment No. 42 - August 2008 7. Phase IV Application and Certificate for Payment No. 2 - August 2008 8. Program Packaging and Development Services (PPDS) Provider Update 9. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase III Project - July 2008 10. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase III- July 2008 RECEIVED AND FILED NO. 46 ACQUIRING CORNER LOT ON VIRGINIA STREET & PROSPECT STREET Dear Mr. Chwalinski: Please file the attach item for further discussion at the next Common Council session to be held Tuesday, September 16, 2008. Thank you in advance for your assistance with this matter. Sincerely, Brian C. Davis Ellicott District Councilmember Councilman Brian Davis Buffalo City Hall Niagara Square Buffalo, New York 14202 Dear Councilman Davis, I trust all is well with you upon your receipt of this correspondence. Most recently I purchased a vacant HUD home at 213 -215 Virginia Street, Buffalo, NY 14201. My intention is to remediate the home for my personal use with an investment of about $40000 beyond the purchase price. There is an empty lot next to the home at the comer of Virginia and Prospect which I would like to acquire from the City of Buffalo. Currently it is recognized as a park for a lack of a better term, but given its inherent attraction to the indigent for no good purpose, I feel that personal ownership will add much more to the aesthetics of the neighborhood. My intention would be to fence and landscape the lot at its perimeter and as a result, I feel it would look a lot better than it does now. By copy of this correspondence, I respectfully request your assistance in my obtaining the empty lot. If you have any questions, I can be reached at my personal phone at 866 -5655, or at my store at 883 -7959. Sincerely, Guillermo Ruiz REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE OFFICE OF STRATEGIC PLANNING NO. 47 QUALITY OF LIFE ISSUES AND VIOLATIONS 331 Breckenridge - 3 ground ladders stolen from premises 858 West- Multiple windows broken, called 911, the police did not respond, went to B District, they had no report for the address, 911 never sent the call. We had a witness but no arrest or restitution was made. 735 Plymouth - Due to an arson fire at 733 Plymouth, new sidewalks were installed. A gang made several passes and market the next concrete. Police were called and a report was taken. Later that evening, I as attacked by the gang and had a brick thrown at me just missing my head - the brick also missed hitting one of my tenants and her child. We called 911 twice and no police came, we waited 2- 1/2 hours. 897 West - A gunshot was fired through the first floor apartment. Nothing became of the event and police passed it off as my tenants' children. 2008 394 Fargo - Someone broke into the house and removed all the copper plumbing. 358 Breckenridge - A man was murdered on the front lawn of my house. 887 West - Our vehicles have been vandalized on numerous occasions - we had a spray paint incident, our convertible roof was cut and the radio stolen, personal lawn decorations are stolen. The neighborhood has had over 20 arson fires, numerous burglaries, robberies and murders. We fear to walk the streets. This should be a priority, the safety of the citizens not the height of our grass or what kind of chair someone has on their porch. City owned properties are not maintained to the standards that you want the citizens to follow. You do not remove snow from your properties, yet you fine me when my tenant was hospitalized - when I requested a hearing they say they never received Fly citation. I sent in another request and it was returned to me. The police are issuing tickets for high grass, you should send them to horticulture school because they cannot distinguish high grass from plants and rose bushes. At 735 Plymouth the grass is in the lot next door. This house was destroyed by an arson fire, yet I received the ticked because the officer thought it was a lot connected to my house. Our —on was cutting grass at one of our properties, he was solicited by a prostitute. People have sex in cars outside of our house and daily the prostitutes "walk" West Ferry and surrounding states. Several drug houses have been raised, one next door to a house we own and another two houses away. Drug activity is rampant. REFERRED TO THE COMMITTEE ON LEGISLATION NO 48 M. KEARNS -M. WEEKS- CONCERNS FINE FOR GRASS IN EXCESS OF 10 IN. 318 WOODSIDE(SOUTH) I am in possession of an Ordinance Violation Summons dated Friday, 8/29/08 (9:40 am), requesting the payment of a $150.00 fine for grass in excess of 10 inches. I say in possession of, because the summons notice was found on my neighbor's front lawn on Monday, September 1, by my son who had come and cut the lawn after repairing my lawn mower. While I do not believe my front lawn was any worse than any of the neighbors, the side lawn had been dug up by someone my neighbor had hired to fix a drainage problem, and remained very soft, muddy, and quite receptive to weed growth. Since the summons was found after the lawn had been cut, there are no pictures. However, I am not appealing this summons in regard to my beating guilt or not, but to the reprehensible and irresponsible manner in which the leaders of our fair city are attempting to refill our diminishing coffers. Those who have willingly assumed positions of authority should have taken some management classes, which stress the importance of warnings to be given for minor infractions before meting out stiff punishment. Although I watch very little television, I do try to read the newspaper, and do not recall this "quality of life" issue being discussed. In checking the Internet yesterday, I did find the Aug 16 news item from Channel 7 regarding hefty fines being issued, not only for 10 Y2 inch high grass, but also for having "indoor" furniture on your porch. The City of Buffalo is not the only entity suffering financial insecurity; the majority of its citizens are also on "fixed" incomes, working or not. I believe we have been awarded the title of the third poorest city in the nation. Be that as it may, neither our fast growing grass, nor an upholstered couch on a porch, have caused anyone physical or psychological harm. 1, along with many city residents who have received a summons for minor ordinance violations of which we were not aware, and had had no previous warnings about, contest tiffs universally applied "Zero Tolerance Action Plan" and the subsequent capricious issuance of these fines. REFERRED TO THE COMMITTEE ON LEGISLATION NO 49 UPCOMING APPROVAL FOR WATERFRONT DEVELOPMENT Gull Landing Condominium We are writing to you regarding the upcoming approval of a developer for the property next to Shanghai Red's restaurant at Erie Basin Marina. Our 23 unit condominium is directly across from this development site and will experience the greatest immediate and long term impact from this project. Members of our board have attended meetings with both developers and discussed issues such as parking, construction; timetables and financial resources of both companies including their development track record. It is also our understanding that a mixed use project is preferred for this site. After looking at both of these proposals, we strongly recommend approval of the Ciminelli office /hotel proposal. The visual impact of this building is much nicer than a generic Wingate Inn and their project recognizes the parking limitations and incorporates significant indoor parking. Inclusion of class A office space and a Hilton Hotel would provide the city with a signature building and much greater tax revenue than a single use four story hotel. We appreciate your consideration of our concerns. Sincerely, J. George Haar Jr. M.D., President Gull Landing Board of Managers Gull Landing Condominium 40 Waterfront Circle REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT NO 50 NYSDEC -DRAFT REMEDIAL WORK PLAN - BUFFALO COLOR SITE Buffalo Color (Site Numbers C915230, C915231, C915232) Erie County Draft Environmental Investigation, Alternative Analysis, and Cleanup Plan for Buffalo Color Site Available for Public Comment The New York State Department of Environmental Conservation (NYSDEC) requests public comments as it reviews a proposed Remedial Investigation (RI), Alternative Analysis (AA) and Remedial Work Plan (RWP) to address contamination related to the former Buffalo Color site located at 1337 South Park Avenue, 229 Elk Street and 85 Lee Street in Buffalo, Erie County (see map on page 4 of this fact sheet). The draft reports were submitted by South Buffalo Development Corporation under New York's Brownfield Cleanup Program (BCP). NYSDEC is currently reviewing an application submitted by South Buffalo Development Corporation to participate in the BCP. The application proposes that the site will be used for commercial purposes. Public Meeting Thursday September 25, 2008 7:00pm Valley Community Center 93 Leddy Street Buffalo, NY 14210 South Buffalo Development Corporation and NYSDEC invite you to a public meeting to discuss the draft Remedial Work Plan to address contamination at the former Buffalo Color Site. You are encouraged to provide comments at the meeting, or during the 45 -day Public Comments About the Draft Reports NYSDEC is accepting written public comments about the draft RI, AA and RWP for 45 days, from September 3 through October 17, 2008. The draft reports are available for public review at the locations identified at the end of this fact sheet. Brownfield Cleanup Program: New York's Brownfield Cleanup Program (BCP) encourages the voluntary cleanup of contaminated properties known as "brownfields" so that they can be reused and redeveloped. These uses include recreation, housing and business. A brownfield is any property that is difficult to reuse or redevelop because of the presence or potential presence of contamination, For more information about the BCP, visit: www.dec.ny_.gov /chemical /8450.html Written comments should be submitted to: Ms. Linda Ross NYSDEC Region 9 270 Michigan Avenue Buffalo, NY 14203 Highlights of the Reports The Remedial Investigation (RI) describes the scientific studies which were performed to better understand the site soils, groundwater and soil vapor. The Alternative Analysis (AA) presents the cleanup alternatives for the Buffalo Color Site. The Remedial Work Plan has several goals: 1) to identify cleanup levels to be attained or the process to be used to determine these levels; 2) to explain why the Remedial Work Plan concludes that the results of the cleanup will protect public health and the environment; and 3) to provide a detailed description of the cleanup actions selected to address site contamination. The work would be performed by South Buffalo Development Corporation with oversight by NYSDEC and the New York State Department of Health ( NYSDOH). Cleanup activities defined in the remedial work plan include: • Removing asbestos and demolishing buildings; • Removing any remaining tanks and chemicals; • Excavating contaminated soils; • Installing a barrier wall along the Buffalo River in Area A and continuing operation of the groundwater extraction system in Area A; • Remediating the sewer system; • Disposing of all hazardous or significantly contaminated materials in an approved offsite facility; • Providing for a cover system over the entire site; Providing for soil vapor cleanup systems in all new buildings on site; and Collecting additional field data to assist in the design of groundwater and soil remediation. Next Steps NYSDEC will consider public comments when it completes its review of the Remedial Investigation, Alternative Analysis and Remedial Work Plan. The draft reports will be available for public viewing at the locations identified at the end of this fact sheet. NYSDEC is also still reviewing the Application to the Brownfield Cleanup Program. If NYSDEC approves the Application and Remedial Work Plan, South Buffalo Development Corporation would proceed with the design and construction of the site remedy. Because of the complex engineering involved with the design and construction of the planned cleanup activities, it is estimated that design and construction activities will take about five full years. Additional submittals, such as engineering designs, will be submitted on a schedule to be included in the final Remedial Work Plan. A public meeting about the cleanup plan at the former Buffalo Color site will be held Thursday September 25, 2008 at 7pm at the Valley Community Center, 93 Leddy Street, Buffalo, NY 14210. At the meeting, representatives from South Buffalo Development, LLC, NYSDEC and NYSDOH will be available to explain the RA Work Plan and answer questions from the public. NYSDEC will keep the public informed during the cleanup process at the former Buffalo Color Site with fact sheets similar to this one. Background The BCC plant occupies approximately 42 acres of land adjacent to the Buffalo River. The area surrounding the BCC site is currently zoned for heavy industry. For over one hundred years, the BCC facility has been involved in the continuous production of dyestuffs and organic chemicals. In 2005, Honeywell, a potentially responsible party, conducted a cleanup effort called in interim corrective measure (ICM). The ICM included: installing a groundwater extraction system in Area A to control the migration of groundwater to the Buffalo River; • controlling the discharge location of groundwater in Areas B, C and E; • repairing a breach in the sewer sheet pile in Area E for proper water drainage at the site; • performing stream bank erosion control in Area A; and • properly disposing of all materials generated during cleanup at an off -site permitted location. South Buffalo Development Corporation plans to purchase the property and develop the site for commercial purposes in accordance with community plans as discussed in the "Elk Street Redevelopment Area Report' prepared by Wendel Duchserer for the Buffalo Urban Development Corporation. Locations to View Project - related Documents: DEC values public understanding and involvement in this project. Project related documents are available for your review at the following locations: Dudley Branch Library NYSDEC Region 9 Office 2010 South Park Ave 270 Michigan Ave. Buffalo NY 14220 Buffalo, NY 14203 (716) 823 -1854 (716) 851 -7220 (Please call for an appointment.) Who to Contact Comments and questions are always welcome and should be directed as follows: Proiect Related Questions Ms. Linda Ross, Project Manager New York State Department of Environmental Conservation 270 Michigan Avenue Buffalo, NY 14203 (716) 851 -7220 Project Related Questions Mr. Run Chapin Project Manager South Buffalo Development LLC 333 Gansun Street Buffalo, NY 14203 (716) 856 -3333 x319 Health Related Questions Mr. Cameron O'Connor, Public Health Specialist New York State Department of Health 584 Delaware Avenue Buffalo, NY 14202 (716) 847 -4385 If you know someone who would like to be added to the project mailing list, have them contact the NYSDEC project manager above. We encourage you to share this fact sheet with neighbors and tenants, and /or post this fact sheet in a prominent area of your building for others to see. RECEIVED AND FILED NO 51 SEQR LEAD AGENCY DESIGNATION BUFFALO NIAGARA MEDICAL CAMPUS NORTH END DEVELOPMENT CITY OF BUFFALO, ERIE COUNTY The Department has received your proposal to develop the North end of the Buffalo Niagara Medical Campus. We have reviewed the project and have the following comments: 1. Since project activities will involve land disturbance of over 1 acre, the project sponsor is required to obtain a State Pollutant Discharge Elimination System General Permit (GP -0 -08 -001) for Stormwater Discharge from Construction Activities. A Notice of Intent (NOI) is required to be sent to NOTICE OF INTENT, NYSDEC, Bureau of Water Permits, 625 Broadway, 4 rm Floor, Albany, New York 12233 -3505, telephone: 518/402 -8111 and approved before construction commences. The General Permit GP -0 -08 -001 and N01 form are available on the Department's website at www.dec.nv.gov. We have included the N01 form with a copy of this letter to the project owner. This General Permit requires the project owner or operator to control stormwater runoff according to the Stormwater Pollution Prevention Plan, which is to be developed prior to filing NOI and prior to commencement of the project. 2. Please be aware that if asbestos exists in the building to be demolished /renovated, the protection of workers is regulated by the New York State Department of Labor (716/847 -7126) and Occupational Safety and Health Administration (OSHA) 716/684 -3891. In addition, the disposal of friable (readily crumbled and brittle) asbestos is regulated by this Department under 6 NYCRR Part 360 - 2.17(p). For more information on the disposal of friable asbestos, please contact Mr. Mark Hans (716/851 -7220) at this Department. 3. The presence of elemental mercury and /or lead in buildings being renovated /demolished is also a concern of the Department. Mercury is found in many different common items such as fluorescent lights and electrical switches, while lead is mainly found in older paints (pre- 1980). For guidance on the proper handling and disposal of mercury and /or lead, please contact Mr. Thomas Corbett of this Department (716/851 -7220) or email the Department's Mercury Task Force (dshmwrr@_gw. dec. state. ny.us). We concur with the City of Buffalo Planning Board acting as SEQR Lead Agency since the environmental impacts are of local significance. If you have any questions or concerns, please contact this office at 716/851 -7165. Sincerely, Steven J. Doleski Regional Permit Administrator RECEIVED AND FILED NO 52 NOTICE OF DESIGN APPROVAL NY ROUTE 33 NOTICE OF DESIGN APPROVAL NEW YORK STATE DEPARTMENT OF TRANSPORTATION PROJECT IDENTIFICATION NO. 5512.46 NY ROUTE 33 KENSINGTON EXPRESSWAY FROM NY ROUTE 954D, ELM - OAKARTERIAL TO NY ROUTE 198 LANDSCAPING AND RETAINING WALL RAIL REPLACEMENT CITY OF BUFFALO The New York State Department of Transportation granted design approval for the above mentioned project on July 3, 2008. Design approval constitutes the Department of Transportation's final decision to proceed with the construction of this project. Design approval is based in part on the Final Design Report for PIN 5512.46 dated June 2008, and on the Department's "categorical exclusion" classification in accordance with the National Environmental Policy Act of 1969 as amended. The approved design provides for removing the top portion of the retaining walls and the bridge railing on the walls adjacent to NY Route 33 between NY Route 198 and the Elm - Oak Arterial (NY 954D). The top portion of the retaining wall will be reconstructed and new barrier installed. The pavement of Humboldt Parkway, BNFC Drive and Cherry Street will be milled and a new asphalt overlay will be placed. The curb - to -curb width on these roadways will be narrowed approximately seven feet in areas where the additional pavement width is not necessary to accommodate existing or projected traffic volumes. The narrowing of the roadway will allow the addition of landscape enhancements, including trees and stamped and colored concrete. The retaining wall- mounted light standards will also be replaced under this project. In addition, sidewalk curb ramps and detectable warnings will be placed at the intersections within the project area. The proposed improvements will be paid for with Federal and State Highway Improvement Funds. The estimated construction cost for this project is $14.3 M. Construction is expected to begin in June of 2009 and be completed in December of 2011. All maps, drawings, sketches and other information concerning the design approval is available for public inspection during business hours at the office of the Regional Director, New York State Department of Transportation, 100 Seneca Street, Buffalo, NY 14203. The Final Design Report has also been forwarded to the Central Branch of the Buffalo and Erie County Public Library and will be made available for review. Additional project information is contained on the NYSDOT website www.nysdot.clOV. Click the "projects" tab and enter "551246" in the Project Identification Number field. You may also contact Craig Mozrall, Assistant Regional Design Engineer, at (716) 847 -3033 if you would like to request additional information. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 53 D. SMITH - CLARIFY BUDGET REQUEST FOR MARTIN LUTHER KING JR PARK I write to clarify capital budget requests from the Masten District pertaining to Martin Luther King, Jr. Park. The redevelopment of Martin Luther King, Jr. Park has been an ongoing project for the past nine years. Many enhancements have been accomplished. Improvements of green spaces, completion of phase 1 of the renovation of the wading pool, anticipated renovation of the bathrooms along with other improvements, total over 3 million dollars. Thousands of planning and community meeting hours to chart the total rehabilitation have also been done. Almost half the funding has been acquired by levering City of Buffalo resources with private, State and Federal funds. To fully complete phase II of the MLK park renovations, the estimated funding required, according to the last figures by Wendel Duchscherer, is about $3.5 million dollars. Currently there is about 1 million dollars in outside commitments, reducing the need to $2.5 million dollars. This amount is the amount requested by the Masten Council's Office and it is lower than the past few years. Currently there is a new proposal to expand the borrowing limit for park improvements. Although the proposal has merit, in terms of park improvements, it seems that the possibility of increasing the debt limit is not likely. The Masten Council District stands by the request this year and past year's requests to include the second phase of renovation work at MLK Park in the regular capital budget of the City of Buffalo. Sincerely Demone Smith Masten District Council Member REFERRED TO THE COMMITTEE ON FINANCE PETITIONS NO 54 M. AGHA, OWNER, USE 1175 HERTEL, ALTER EXISTING RESTAURANT FROM A TAKE OUT TO A SIT IN( PUB HRG 9/23)(DEI) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO 55 APPT SENIOR AUDITOR(TEMP)(TRAUTMAN)(STEP II)(COMPT) (CCP# 11, 9/2) That the above item be the same and hereby is Received and Filed ADOPTED NO 56 APPT SENIOR AUDITOR (TEMP)(EMMINGER)(STEP IV)(COMPT) (CCP# 12, 9/2) That the above item be the same and hereby is Received and Filed ADOPTED NO 57 APPT ASSISTANT ENGINEER (PERM)(MAX)(SCHMARDER)(PW) (CCP# 27, 9/2) That Communication 27 of Sept 2, 2008 be received and Filed and that the Permanent appointment of Eric D. Schmarder Of 46 Camden Avenue, Buffalo, NY 14216 is hereby approved. PASSED AYES -9 NOES -0 NO 58 APPOINT PRINCIPAL ENGINEER (TEMP)(MAX)(GHASEMI)(PW) (CCP# 28, 09/2) That Communication 28 of Sept 2, 2008 be received and Filed and that the Temporary appointment of Seyed Ghasemi, PE of 161 Whitehall, Buffalo, NY 14202 above at the Maximum Salary of $73,252.00 is hereby approved. PASSED AYES - 9 NOES — 0 NO 59 APPT SENIOR ENGINEER (PROV)(INTER)(HOFFERT)(PW) (CCP# 29, 9/2) That the above item be the same and hereby is Received and Filed ADOPTED NO 60 APPT SENIOR ENGINEER (TEMP)(INTER)(POLETO)(PW) (CCP# 30, 9/2) That the Above item be the same and is hereby Received and Filed. ADOPTED NO 61 APPT TRUCK DRIVER (PROV)(INTER)(PITTS)(PW) (CCP# 31, 9/2) That Communication 31 of Sept 2, 2008 be received and Filed and that the Provisional appointment of Kenneth Pitts, 7 Highview Court, Cheektowaga, NY 14215 above at the Intermediate Salary of $29,429.00 is hereby approved. PASSED AYES - 9 NOES — 0 NO 62 APPTS DETECTIVE (CENT PERM)(FLAT)(RINALDO, PEREZ, MENZA)(POL) (CCP #32, 9/2) That Communication 32 of Sept 2, 2008 be received and Filed and that the Contingent Permanent Promotion of Jeffrey Rinaldo, 6730 Ciara Court, Wheatfield NY 14120; Natalie A Perez, 75 Knox Avenue, Buffalo NY 14216; and Carmen J Menza, 5828 Beadford Court, E Amherst NY 14051 above at the Flat Salary of $61,946 is hereby approved. PASSED AYES -9 NOES -0 NO 63 APPTS DETECTIVE (PERM)(FLAT)(BUTH, DINHAM,)(POL) (CCP# 33, 9/2) That Communication 33 of Sept 2, 2008 be received and Filed and that the Permanent appointments of Sean K. Buth of 350 North 4 b St, Lewiston, NY 14092 and James P. Dunham, 73 Bloomfield Avenue, Buffalo, NY 14220 above at the Flat Salary of $61,946.00 is hereby approved. PASSED AYES -9 NOES -0 NO 64 APPTS DETECTIVE SERGEANT (CONT PERM)(FLAT)(TURNER, BARRETT,)(POL) (CCP# 34, 9/2) That Communication 34 of Sept 2, 2008 be received and Filed and that the Contingent Permanent appointments of Steven M. Turner, 315 Selkirk Drive, N. Tonawanda, NY 14120 and Daniel A. Barrett, 586 Mill Road, Buffalo, NY 14224 above at the Flat Salary of $64,545.00 is hereby approved. PASSED AYES -9 NOES -0 NO 65 APPT DETECTIVE SERGEANT (PERM)(FLAT)(CRAWFORD,)(POL) (CCP# 35, 9/2) That Communication 35 of Sept 2, 2008 be received and Filed and that the Permanent appointments of William Crawford, 7475 Jewett Holmwood Road, Orchard Park, NY 14127 above at the Flat Salary of $64,545.00 is hereby approved. PASSED AYES -9 NOES -0 NO 66 APPTS LIEUTENANT (CONT PERM)(FLAT)(PATTERSON SR, GRAMAGLIA, JENTZ)(POL) (CCP# 36, 9/2) That Communication 36 of Sept 2, 2008 be received and Filed and that the Contingent Permanent appointments of Brian K. Patterson, Sr, 85 Bame Avenue, Buffalo, NY 14215, Joseph A. Gramaglia, 5249 Woodrich Court, Hamburg, NY 14215 and Ronald E. Jentz, 5365 Harris Hill Road, Williamsville, NY 14221 above at the Flat Salary of $68,570.00 is hereby approved. PASSED AYES - 9 NOES — 0 NO 67 APPTS LIEUTENANT (PERM)(FLAT)(O'ROURKE, STANCHAK)(POL) (CCP# 37, 9/2) That Communication 37 of Sept 2, 2008 be received and Filed and that the Permanent appointments of Timothy C. O'Rourke, 282 Saranac Avenue, Buffalo, NY 14216 and Linda D. Stanchak, 110 Stevenson Street, Buffalo, NY 14220 above at the Flat Salary of $68,570.00 is hereby approved. PASSED AYES - 9 NOES — 0 NO 68 APPT CAPTAIN (CONT PERM)(FLAT)(STABLER)(POL) (CCP# 38, 9/2) That Communication 38 of Sept 2, 2008 be received and Filed and that the Contingent Permanent appointment of David S. Stabler, 277 Pavement Road, Lancaster, NY 14086 above at the Flat Salary of $77,781 is hereby approved. PASSED AYES - 9 NOES — 0 NO 69 APPT CAPTAIN (PERM)(FLAT)(MCCARTHY)(POL) (CCP# 39, 9/2) That Communication 39 of Sept 2, 2008 be received and Filed and that the Permanent appointment of Michael J. McCarthy, 745 Bennett Road, Angola, NY 14006 above at the Flat Salary of $77,781 is hereby approved. PASSED AYES -9 NOES -0 NO 70 APPT INSPECTOR (PERM)(FLAT)(REICHMUTH)(POI) (CCP# 40, 9/2) That Communication 40 of Sept 2, 2008 be received and Filed and that the Permanent appointment of Patrick Reichmuth of 31 Ashley Drive, West Seneca, NY 14224 $85,053.00 is hereby approved. PASSED AYES - 9 NOES — 0 NO 71 APPOINTMENT - COMMISSIONER OF HUMAN RESOURCES (ITEM NO. 48, C.C.P., SEPT. 2, 2008) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Russell moved: That the appointment of Karla L. Thomas, residing at 78 Fernhill Avenue as Commissioner of Human Resources, be and she hereby is approved on the condition that she does not owe any outstanding liens to the City of Buffalo. RECEIVED AND FILED NO 72 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM(CTY CLK) (CCP# 57, 9/2) That the Above item be the same and is hereby Received and Filed. ADOPTED FINANCE (MICHAEL P. KEARNS, CHAIRMAN) NO 73 AUDIT REPORT - MAYORS IMPACT TEAM (COMPT) (CCP# 8,9/2) That the above item be the same and hereby is Received and Filed ADOPTED NO 74 AGREEMENT WITH THE BUFFALO FIREFIGHTERS GUARDIAN FOUNDATION - STEPMILL RENTAL (ITEM NO. 49, C.C.P., SEPT. 2, 2008) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Kearns moved: That the Commissioner of Human Resources be authorized to enter into an agreement with the Buffalo Firefighters Guardian Foundation for the administration of the Candidate Physical Ability Exam, as part of the entry-level Firefighter selection process. The cost for services is $2,800.00. PASSED AYES -9 NOES -0 NO 75 J. CAMPOLONG- MONTHLY REPORT BFLO WATER BD (CCP# 59, 9/2) That the above item be the same and hereby is Received and Filed ADOPTED NO 76 M. KEARNS -FEMA UPDATED FLOOD RATE INS MAPS (CCP# 70, 9/2) That the above item be the same and hereby is Received and Filed ADOPTED NO 77 BUDGET AND PERSONNEL AMENDMENT 32 - PUBLIC WORKS - BUILDINGS 1095 — PLANNING & DESIGN OF BUILDINGS (ITEM NO. 133, C.C.P., SEPT. 2, 2008) That the Budget and Personnel Amendment as contained in Item No. 133, C.C.P., September 2, 2008, be and the same hereby is approved. PASSED AYES - 9 NOES — 0 NO 78 ABATEMENT OF UNCOLLECTIBLE ACCOUNTS RECEIVABLE INVOICES (ITEM NO. 14, C.C.P., JULY 22, 2008) (ITEM NO. 94, C.C.P., SEPT. 2, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Director of the Division of Treasury/Collections be, and he hereby is authorized to abate the uncollectible accounts receivable invoices as attached. PASSED AYES -9 NOES -0 NO 79 M. KEAMS -2007 APPLICATION FOR SOUTH DISTRICT ROOF REPL PROGRAM (CCP# 52, 7B) That the above item be the same and hereby is Received and Filed ADOPTED NO 80 J. CAMPOLONG- MONTHLY REPORT BUFFALO WATER BOARD (CCP# 73, 7/22) That the above item be the same and hereby is Received and Filed ADOPTED NO 81 J. CAMPOLONG- MONTHLY REPORT BUFFALO WATER BOARD (CCP# 51, 6/24) That the above item be the same and hereby is Received and Filed ADOPTED NO 82 M. KEARNS- STATUS OF "WATER RATEPAYER BILL OF RIGHTS" (CCP# 58, 6/24) That the above item be the same and hereby is Received and Filed ADOPTED NO 83 B. DAVIS -BFNC LETTER REQUESTING CAPITAL IMP /MASTEN PLAYGROUND( #51, 5/27) (CCP# 93, 7/22) That the above item be the same and hereby is Received and Filed ADOPTED NO 84 TRAVEL INFORMATION (A &F) (CCP# 36, 7B) That the above item be the same and hereby is Received and Filed ADOPTED NO 85 RESPONSE TRAVEL INFORMATION REQ BY COUNCIL (COMM SVS) (CCP# 28, 6/10) That the above item be the same and hereby is Received and Filed ADOPTED NO 86 RESPONSE TRAVEL INFORMATION REQ BY COUNCIL (MAYOR) (CCP# 1, 5/27) That the above item be the same and hereby is Received and Filed ADOPTED NO 87 RESPONSE TRAVEL INFORMATION REQ BY COUNCIL (STRAT PLAN) (CCP# 13,6/27) That the above item be the same and hereby is Received and Filed ADOPTED NO 88 RESPONSE TRAVEL INFORMATION REQ BY COUNCIL (POL) (CCP# 32, 5/27) That the above item be the same and hereby is Received and Filed ADOPTED NO 89 REQUEST CITY DEPTS TO SUBMIT TRAVEL EXPENSES(COMPT) (CCP# 11, 5/13) That the above item be the same and hereby is Received and Filed ADOPTED NO 90 RESPONSE TRAVEL INFORMATION REQ BY COUNCIL (MIS) (CCP# 20, 5/13) That the above item be the same and hereby is Received and Filed ADOPTED NO 91 RESPONSE TRAVEL INFORMATION REQ BY COUNCIL (PW) (CCP# 29, 5/13) That the above item be the same and hereby is Received and Filed ADOPTED NO 92 RESPONSE TRAVEL INFORMATION REQ BY COUNCIL (FIRE) (CCP# 32, 5/13) That the above item be the same and hereby is Received and Filed ADOPTED NO 93 RESPONSE TRAVEL INFORMATION REQ BY COUNCIL (CC) (CCP# 33, 5/13) That the above item be the same and hereby is Received and Filed ADOPTED NO 94 RESPONSE TRAVEL INFORMATION REQ BY COUNCIL (HR) (CCP# 39, 5/13) That the above item be the same and hereby is Received and Filed ADOPTED NO 95 TRAVEL INFO FOR COUNCILMEMBERS (CTY CLK) (CCP# 44, 4/29) That the above item be the same and hereby is Received and Filed ADOPTED NO 96 REQ CITY DEPTS & BURA TO SUBMIT TRAVEL EXPENSES FROM 7/2006(CIT RTS) (CCP# 41, 4/29) That the above item be the same and hereby is Received and Filed ADOPTED NO 97 REQ CITY DEPTS & BURA TO SUBMIT TRAVEL EXPENSES FROM 7/2006 (# 127, 4 /15)(ASSESS)(CCP# 24, 4/29) That the above item be the same and hereby is Received and Filed ADOPTED NO 98 B. DAVIS -LEASE AGREEMENT 326 -328 HIGH ST(ELL) (CCP# 19,18) That the above item be the same and hereby is Received and Filed ADOPTED NO 99 RENEW LEASE AGREE, BETW COB & CRUCIAL USE OFFMR SCH# 62 378 URBAN AKA 230 MOSELLE (FILL)( #5,5 /2)(STRAT PLAN) (CCP# 76, 7/11) That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (MICHAEL J. LOCURTO, CHAIRMAN) NO 100 PERMISSION TO ACCEPT TITLE - 316 -320 PURDY AND PORTION OF 281 -285 PURDY (ITEM NO. 6, C.C.P., SEPT. 2, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the Common Council approve the Negative Declaration as attached to the above communication and that the Director of Real Estate transfer 316 -320 Purdy and a portion of 281 -285 Purdy from Bethel Community Development Corporation to the City of Buffalo for one dollar ($1.00) and no more, be and hereby is accepted; and That the Corporation Counsel be, and she hereby is authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. PASSED AYES - 9 NOES — 0 NO 101 RESPONSE - ANNUAL CULTURAL WALK OF FAME (PW) ( #24, 9/2) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 102 RESPONSE - ANNUAL CULTURAL WALK OF FAME (CC) (#41, 9/2) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 103 FED ENERGY REGULATORY COMM -ORDER ISSUING PRELIMINARY PERMIT ( #64, 9/2) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 104 M. KEARNS -R. ANTHONY - LETTER HONORING JAMES GRIFFIN ( #68, 9/2) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 105 D. SMITH -R. DAINES -NYSDH DRAFT LEGISLATION HEALTH CARE IN ERIE COUNTY (#48, 6/10) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 106 J. GOLOMBEK -C. ARTMAN- GUIDANCE ON TAKING OFF - RESERVATION LAND INTO TRUST FOR GAMING PURP (#44, 2/5) That the above item be the same and hereby is Received and Filed. ADOPTED LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRMAN) NO. 107 J. BATTAGLIA, PETITION TO USE 266 HOPKINS STREET TO EXPAND AN EXISTING RECYCLING CENTER (ITEM NO. 84, C.C.P., SEPT. 2, 2008) 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 re, committed to the Committee on Legislation. ADOPTED NO. 108 M. HORTON, PETITION TO USE 2227 SOUTH PARK - GROUND SIGN (ITEM NO. 86, C.C.P., SEPT. 2, 2008) That the petition of M. Horton, agent, for permission to use 2227 South Park to erect a ground sign be, and hereby is approved. PASSED AYES -9 NOES -0 NO. 109 APPOINTMENT - KARLA L. THOMAS - COMMISSIONER OF HUMAN RESOURCES (ITEM NO. 1, C.C.P., SEPT. 2, 2008) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That the appointment of Karla L. Thomas, residing at 78 Fernhill Avenue as Commissioner of Human Resources, be and she hereby is approved on the condition that she does not owe any outstanding liens to the City of Buffalo. PASSED AYES — DAVIS, FONTANA, GOLOMBEK, RIVERA, RUSSELL, SMITH - 6 NOES — FRANCZYK, KEARNS, LOCURTO — 3 NO. 110 D. FRANCZYK -BFLO NEWS ARTICLE LOUD MUSIC ( #79, 7/22) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 111 IMPOUND /BOOT BOOM CARS VIOLATING NOISE ORDINANCE (ITEM NO. 159, C.C.P., JULY 22, 2008) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That the city implement a booting and impound program for motor vehicles and motorcycles in violation of noise ordinances in addition to the laws already on the books combating this form of blight; and That the Law Department draw up an ordinance amendment providing for the booting or impounding of vehicles with monster stereo systems used in violation of city ordinance, or motorcycles in violation of city noise ordinance. PASSED AYES -9 NOES -0 NO. 112 R. SHARK & O- SUPPORT CHANGING MIDLAND ST TO ONE -WAY (LOV) ( #67, 6/24) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 113 D. SUCHAN, PETITION TO USE 565 ABBOTT ROAD, MERCY HOSPITAL FOR A HELIPAD (ITEM NO. 68, C.C.P., APR. 29, 2008) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That the application for a restricted use permit to use 565 Abbott Road for a helipad pursuant to City Charter and Code § §511 -55 and 63 -3 is hereby approved after a public hearing was had before the entire Council session on this the 16" day of September, 2008. PASSED AYES -9 NOES -0 NO. 114 PHILLIPS LYTLE -MERCY HOSPITAL HELIPAD -565 ABBOTT RD (SOUTH) ( #62, 6/24) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 115 PHILLIPS LYTLE, LLP- REPRESENT MERCY HOSPITAL HELIPAD -565 ABBOTT RD ( #62, 4/15) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 116 D. RIVERA - INFOBUFFALO POLICE EXAM (#48, 2/19) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 117 J. BROWN -INFO COB POLICE EXAMINATION ( #39, 2/5) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 118 ORD AMEND - CHAPTER 137 -CODE ENFORCEMENT (# 108,10/30) (# 157,3/6) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 119 ORD AMEND - CHAPTER 175 -FEES (# 109,10/30)(# 158,3/6) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 120 ORD AMEND - CHAPTER 265 PROPERTY MANAGERS (# 110,10/30)(# 159,3/6) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 121 R. STANTON- PROPOSED IMPROVEMENTS 48 ] -483 DELAWARE (EH) (# 120,7/22)(#48,6 /24)(# L 01,7/8)( #22, 7/3 O) Mr. Golombek moved that the above item be recommitted to the Committee on Legislation. ADOPTED RESOLUTIONS SPONSOR: MR. DAVIS NO. 122 TRAILBLAZING SIGNAGE FOR "WILLIAM (BILL) ROBINSON WAY" Whereas William F. Robinson was born on December 29, 1913, in Valdosta, Georgia. At a young age Bill moved to Miami, Florida, and later to White Plains, New York, before settling in Buffalo in 1942; and Whereas In Buffalo, Bill Robinson, a trained welder, worked for the old Buffalo Arms Plant, building machine guns during World War II. Bill later worked for the International Railroad Company (IRC) which was a forerunner to the NFTA. One of the first African - American bus drivers, Bill drove for over 35 years and was prominently featured in television commercial and during Black History Month; and Whereas Politics was always a passion for William Robinson. In 1986, Bill was elected to the 3 rd District as an Erie County Legislator, where he represented the City of Buffalo, for four terms, and also served his neighborhood as a Democratic Committeeman for over 30 years; and Whereas Always active in the community, Bill served in many civic and philanthropic organizations including; the Council of Senior Citizens Clubs of Buffalo and Erie County, as President of the William - Emslie YMCA Seniors Club, President of Ellieott District Concerned Taxpayers Association, the Buffalo Urban League, and the NAACP; and Whereas Another of Bill's passions was baseball. In 1933 when told that "coloreds" could not play, Bill joined the Negro Leagues, playing for the Brooklyn Royals. His uniform hangs in the Negro Leagues Baseball Museum in Kansas City; and Whereas Of all his passions, Bill's greatest love was reserved for his family. In 1941, Bill married Hassie Williams, and they had three children, eight grandchildren, two grandsons -in -law, eighteen great grandchildren, and one great -great grandson. The were married for 46 years before Mrs. Williams passing in 1987; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo does hereby approve the installation of trailblazing signage, proclaiming Krettner Street, between William Street and Peckham Street, as "William (Bill) Robinson Way." Now, Be It Finally Resolved: In appreciation for all that William Robinson did for the community, the Common Council does hereby waive any fees for this special trailblazing signage. PASSED AYES -9 NOES -0 NO. 123 BY: MR. DAVIS: CHANGE STARTING TIME OF COMMON COUNCIL MEETINGS Whereas: Most meetings of the Buffalo Common Council are held during the day, with the exception of an occasional evening hearing; and Whereas Holding meeting during the daytime hours when most City residents are at work makes it very difficult for citizens to get involved and take an active role in city issues; and Whereas Attendance at most Common Council meetings is limited to only a small handful of citizens. Many meetings are held without even one single resident in attendance; and Whereas The public could be better served by making a simple change to the Common Council rules of order to allow for Council Meetings to start at 6:00 pm.; Now, Therefore be it Resolved: That pursuant to Section 3 -11 of the Charter, the Common Council amends its rules of order, specifically Rule 1, to state that all meetings of the Common Council will take place at 6:00 o'clock pm. REFERRED TO THE COMMITTEE ON RULES NO. 124 BY: MR. FONTANA PERMISSION TO HANG BANNER WHEREAS: The Josephine Goodyear Foundation has committed to an adoption" of the East Delavan branch of the Buffalo & Erie County library system; and WHEREAS: The three -year "adoption includes more than $133,000 in grant money to help make the library a vibrant hub for literacy in the East Delavan Bailey neighborhood; and WHEREAS: The "adoption" and grant award were made possible through the collaboration of Good Schools for All, convener of the Read to Succeed Buffalo campaign, the Buffalo and Erie County Public Library, and other Read to Succeed Coalition partners; and WHEREAS: The grant will enable the East Delavan Library branch, Read to Succeed Buffalo's first "Success Center ", to enhance its child and family - friendly environment in an effort to promote literacy in a neighborhood with few resources; and WHEREAS: The new resources designed to make the library an inviting family - friendly place, will include additional interactive children's computers and software, rocking chairs, mats and comfortable pillows to make reading attractive and fun for youngsters and their parents. WHEREAS: An array of new library services designed to improve literacy for both personal and job - related goals will be offered to residents. Read to Succeed Buffalo coalition members will provide many of the new library services. NOW THEREFORE BE IT RESOLVED THAT: The Common Council of the City of Buffalo grant permission to the Good Schools for All to hang a banner across East Delavan from the Library located at 1187 E. Delavan to St. Gerard's Church to advertise the event, which will be held on September 23, 2008, 10:30 a.m. at the library branch. They have requested that the banner be allowed to hang from September 19, 2008 to October 17, 2008. BE IT FURTHER RESOLVED THAT: The banner meets all necessary requirements of the Department of Public Works and that no existing laws are violated. ADOPTED NO. 124 BY: RICHARD A. FONTANA RE: PERMISSION TO HANG BANNER WHEREAS: The Josephine Goodyear Foundation has committed to an adoption" of the East Delavan branch of the Buffalo & Erie County library system; and WHEREAS: The three -year "adoption includes more than $133,000 in grant money to help make the library a vibrant hub for literacy in the East Delavan Bailey neighborhood; and WHEREAS: The "adoption" and grant award were made possible through the collaboration of Good Schools for All, convener of the Read to Succeed Buffalo campaign, the Buffalo and Erie County Public Library, and other Read to Succeed Coalition partners; and WHEREAS: The grant will enable the East Delavan Library branch, Read to Succeed Buffalo's first "Success Center ", to enhance its child and family - friendly environment in an effort to promote literacy in a neighborhood with few resources; and WHEREAS: The new resources designed to make the library an inviting family - friendly place, will include additional interactive children's computers and software, rocking chairs, mats and comfortable pillows to make reading attractive and fun for youngsters and their parents. WHEREAS: An array of new library services designed to improve literacy for both personal and job - related goals will be offered to residents. Read to Succeed Buffalo coalition members will provide many of the new library services. NOW THEREFORE BE IT RESOLVED THAT: The Common Council of the City of Buffalo grant permission to the Good Schools for All to hang a banner across East Delavan from the Library located at 1187 E. Delavan to St. Gerard's Church to advertise the event. BE IT FURTHER RESOLVED THAT: The banner meets all necessary requirements of the Department of Public Works and that no existing laws are violated. NO. 126 BY MR. KEARNS THE CITY OF BUFFALO COMMON COUNCIL ISSUANCE OF A SPECIAL USE PERMIT FOR THE INSTALLATION OF A HELIPAD AT MERCY HOSPITAL OF BUFFALO Whereas: The Catholic Health System and Mercy Hospital of Buffalo (collectively, the "Applicant ") proposes to construct a new two - story 53,000 square foot addition along the front of Mercy Hospital ( "Hospital ") parallel to Abbott Road to house a new Emergency Department ( "Project ") at its site located at 565 Abbott Road, Buffalo, Erie County, NY (the "Site "). The Project includes: removal and replacement of the existing front entrance and blacktop parking lot (along Abbott Road) with a new lobby designed to handle the current and expected future intake volumes, three new triage stations located in the intake area, an acute area that will contain thirty -four additional exam rooms, an ambulance intake area with two additional resuscitation rooms, radiology and CT support area, and contouring driveways and interior ramps to bridge the approximately six foot difference between the exterior grade and the existing ambulance drop -off for the emergency department. In addition, new landscaping will be added, with a landscaped courtyard area at the comer of Abbot Road and Lorraine Avenue; and Whereas: An integral part of the renovation is the addition of a helipad to be located on the roof of the new addition which will be serviced by a dedicated elevator and stairway that will connect to the emergency department and be accessible to the Hospital via a private corridor, allowing for more immediate handling in the treatment of critically injured or ill patients and improving timing of response for patient's suffering from myocardial infarction; and Whereas: The City of Buffalo Common Council ( "Council ") is empowered by Chapter 63 of the Code of the City of Buffalo (the "Code ") to authorize the establishment of a privately owned airport, which includes a helipad; and The Applicant has made application to the Council to authorize same; and Whereas: The Applicant has done extensive outreach about the Project with the neighborhood surrounding the Hospital and has worked to address concerns; Whereas: The Council has reviewed all of the materials submitted by Applicant including, but not limited to, materials describing the design of the helipad, the proposed flight plan of all aircraft, the anticipated number of operations, and the effects on surrounding persons and property and has issued a negative declaration pursuant to the State Environmental Quality Review Act, and Whereas: The Federal Aviation Administration has issued a favorable airspace determination letter; Whereas: The New York State Department of Transportation has issued a determination that the helipad complies with its standards pursuant to Section 249 of the New York General Business Law. NOW, THEREFORE, BE IT FURTHER RESOLVED That this Resolution, which was adopted by a majority vote of the Council on September 16, 2008 shall take effect immediately. PASSED AYES - 9 NOES — 0 NO 126 Sponsor: Michael P. Kearns Declaring The Intent Of The City Of Buffalo Common Council To Issue a Determination of Significance Pursuant To The State Environmental Quality Review Act Regarding the Expansion of the Emergency Department and Installation of a Helipad at Mercy Hospital Whereas: The Catholic Health System and Mercy Hospital of Buffalo (collectively, the "Applicant ") proposes to construct a new two - story 53,000 square foot addition along the front of Mercy Hospital ( "Hospital ") parallel to Abbott Road to house a new Emergency Department ( "Project ") at its site located at 565 Abbott Road, Buffalo, Erie County, NY (the "Site "). The Project includes: removal and replacement of the existing front entrance and blacktop parking lot (along Abbott Road) with a new lobby designed to handle the current and expected future intake volumes, three new triage stations located in the intake area, an acute area that will contain thirty -four additional exam rooms, an ambulance intake area with two additional resuscitation rooms, radiology and CT support area, and contouring driveways and interior ramps to bridge the approximately six foot difference between the exterior grade and the existing ambulance drop -off for the emergency department. In addition, new landscaping will be added, with a landscaped courtyard area at the corner of Abbot Road and Lorraine Avenue; and Whereas: An integral part of the Project is the addition of a helipad to be located on the roof of the new addition which will be serviced by a dedicated elevator and stairway that will connect to the emergency department and be accessible to the Hospital via a private corridor, allowing for more immediate handling in the treatment of critically injured or ill patients and improving timing of response for patient's suffering from myocardial infarction; and Whereas: The City of Buffalo Common Council ( "Council ") is empowered by Chapter 63 of the Code of the City of Buffalo to authorize the establishment of a privately owned airport, which includes a helipad; and Whereas: The Applicant has made application to the Common Council to authorize same; and Whereas: Pursuant to Article 8 of the New York Environmental Conservation Law, Chapter 43 -B of the Consolidated Laws of New York, as amended (the "SEAR Act ") and the regulations adopted pursuant thereto by the Department of Environmental Conservation of the State of New York, being 6 NYCRR Part 617, et. seq., as amended (the "Regulations" and collectively with the SEQR Act, "SEQRA "), the Council must satisfy the requirements contained in SEQRA for this Project; and Whereas: The Project is a Type I action under SEQRA requiring a coordinated review due to its proximity to Cazenovia Park which is listed on the National Register of Historic Places; Whereas: The Council has conducted a coordinated review for this Type I Action and, as the entity with primary responsibility for the Project, is the lead agency for investigating all impacts associated with the Project and determining whether the Project will have any potentially significant adverse impacts on the environment; Whereas: Pursuant to SEQRA, to aid the Council in determining whether the Project may have a significant adverse impact upon the environment, the Applicant submitted to the Council: (1) Application for Authorization to Establish a Helipad at the Emergency Department of Mercy Hospital and associated exhibits, including a Full Environmental Assessment Form, dated April 10, 2008; (2) 1 st Supplement to April 10, 2008 Application and associated exhibits, dated June 10, 2008; (3) Application for City -Wide Site Plan Review and Approval to Renovate the Emergency Department at Mercy Hospital and associated exhibits, dated April 4, 2008; (4) Application for consultation with Buffalo Preservation Board and associated exhibits, dated May 22, 2008; and (5) Application for setback variance and associated exhibits dated August 21, 2008 (collectively, the "Project Documents "); Whereas: A thorough analysis of the potential environmental impacts reveals that the Project will not have any potentially significant adverse impacts; and Whereas: It is appropriate that the Council issue a negative declaration pursuant to SEQRA for the Project. NOW, THEREFORE, BE IT RESOLVED: Based upon a thorough review and examination of the Project Documents and upon the Council's knowledge of the area surrounding the Project Site and such further investigation of the Project and its environmental effects as the Council has deemed appropriate, considering both the magnitude and importance of each environmental impact indicated, the Council has determined that with respect to the Project, no potentially adverse significant impacts on the environment are noted in the Environmental Assessment Form and none are known to the Council, and the Project will not have a significant adverse impact upon the environment. NOW, THEREFORE, BE IT RESOLVED: The reasons supporting this determination are as follows: 1. The Project consists of the construction of a 53,000 square foot (so addition to an existing Hospital, including a helipad, to enable the expansion of the Applicant's Emergency Department. The construction will take place in an urban area on land, which is already developed and committed to Hospital use. 2. Land use conditions on the Site will not change as a result of the Project. The Applicant already operates out of the existing Hospital and the Project is a 10% expansion and improvement upon the Hospital's use of the Site to accommodate increased patient volumes, equipment, and public health needs. 3. The Project will not result in significant generation or disposal of any liquid or solid waste and will not entail the types of activities or operations that are associated with a significant potential for groundwater or surface water contamination. 4. The Project will not be a significant source of air emissions or odors. 5. The Site does not possess significant ecological value. There are no sensitive animals, plants or natural communities and /or significant wildlife habitat that will be impacted by the development of the Project. 6. Operation of the Project Facility is not expected to appreciably increase ambient noise levels, and any increase in ambient noise levels will occur infrequently due to the 8 -10 flights per month from use of the helipad and will be of short duration. 7. The Project will not result in population growth, and generally is in character with adjacent residential and commercial development. The new construction will improve the Site's relationships to the neighboring park and residential areas with the addition of new landscaping, improved traffic flow, and the removal of existing surface parking lots. Of the total area impacted by the Project, 30% will be green space after completion. 8. The Project will not convert any land that is committed to agricultural use. 9. The Site does not contain any scenic views known to be important to the community, however the Project will be visible from Cazenovia Park ( "Park ") across Abbott Road. The view of the Hospital from the Park will be enhanced by the Project because of the aesthetically pleasing design of the Emergency Department addition, removal of surface parking lots, and the upgrade of the Hospital's landscaping, which includes a landscaped courtyard at the comer of Abbott Road and Lorraine Avenue. The elongated styling of the addition will be the backdrop for abundant trees and low plantings, all of which will contribute to a harmonious transition from the Park to the Hospital. 10. The Site does not contain any historically significant resources. As the site previously has been developed, it lacks the characteristics which would suggest the potential presence of significant archaeological resources. The elongated design of the Emergency Department addition to the Hospital and the addition of landscaping will not serve to detract from the architecture of the existing Hospital. 11. The Site is developed and occupied by Hospital facilities. It does not comprise public open space and is not used for recreation. 12. The Project is not located in or substantially contiguous to any Critical Environmental Area. 13. Existing utility lines serve the Project and no significant improvements are necessary to accommodate the Project. 14. The detailed traffic study prepared by the Applicant concluded that the Project will not significantly impact traffic levels on Abbott Road. In addition, though not required for mitigation, Applicant will work with the City Department of Public Works to convert Choate Avenue to a two -way street between Abbott Road and Mercy Street to provide an ambulance exit and facilitate traffic circulation. 15. Considering all of the above, the Project will not have a significant adverse impact upon the environment and a negative declaration pursuant to SEQRA is hereby issued. 16. This Negative Declaration has been prepared in accordance with the requirements of SEQRA (Article 8 of the Environmental Conservation Law.) NOW, THEREFORE, BE IT FURTHER RESOLVED That the President of the Council and Council Staff are hereby authorized and directed to distribute appropriate notice of this Resolution to all potential interested and /or involved agencies and to do such further things or perform such acts as may be necessary or convenient to implement the provisions of this Resolution. NOW, THEREFORE, BE IT FURTHER RESOLVED That this Resolution, which was adopted by a majority vote of the Council on September 16, 2008 shall take effect immediately. ADOPTED - yALriI:aN *1N0 NO 127 TRANSFER OF FUNDS COMMON COUNCIL — LEGISLATIVE That pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $3,500 be and the same is hereby transferred within the Common Council Legislative and said sum is hereby reappropriated as set forth below: FROM: Common Council Legislative 10102001 - 412002 Hourly Salary $3,500 TO: Common Council Legislative 10110004- 458001 Transportation $1,000 10110004- 458002 Meals & Lodging $2,000 10110004- 458003 Registration & Membership Fees $ 500 PASSED AYES -9 NOES -0 NO 128 BY: MR. KEARNS RE: DISCHARGE FINANCE COMMITTEE "Perm to Hire Consultant & Enter Agmt for Design, Inspection and Construction of South Park Ave (South)(PW)" (No 21, C.C.P. September 2, 2008) Whereas: The above item is currently in the Finance Committee; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore Be It Resolved: That this Common Council does hereby discharge the Finance Committee from further consideration of Item #21, C.C.P. September 2, 2008, "Perm to Hire Consultant & Enter Agmt for Design, Inspection and Construction of South Park Ave (South)(PW)" and said item is now before the Common Council for its consideration. PASSED AYES -9 NOES -0 NO 129 BY MSSRS. LOCURTO, KEARNS, RIVERA AND FONTANA A RESOLUTION TO CREATE A CITY OF BUFFALO EMPLOYMENT PROTECTION ACT WHEREAS, the City of Buffalo's most important role is to administer services to its residents, all of whom rely on the prompt, consistent, and fair delivery of these services for their well- being; and WHEREAS, City employees are best able to fulfill their duties when any and all pressure to participate in partisan and intra -party politics, whether implicitly or explicitly suggested, is absent; and WHEREAS, City residents are best - served when the public employees who are paid by them to work for them are free of the pressure of partisan politics; and WHEREAS, the Federal Hatch Act and state and local "Little Hatch Acts" have allowed government employees throughout the nation and New York State to fulfill the duties of their jobs without the threat of demotion, termination or other forms of coercion clouding their ability to deliver services to the public; and WHEREAS, in order for the City of Buffalo to position itself as place of new energy and success its employees must be free of the makings of a political machine - -that is they must not feel pressure to carry petitions for, fundraise on behalf of, donate money to, and otherwise campaign for an elected official or candidate for elected office; and WHEREAS, the Supreme Court of the United States has declared that the federal Hatch Act does not violate the First Amendment of the Constitution, and the Courts of the State of New York have upheld state and local versions of the Hatch Act as constitutional; and WHEREAS, the Common Council seeks to uphold the following declaration by the United State Supreme Court: "Employees of state and local governments may be subject to a 'little Hatch Act' designed to ensure that government operates effectively and fairly, that public confidence in government is not undermined, and that government employees do not become a powerful political machine controlled by incumbent officials" and NOW, THEREFORE, BE IT RESOLVED, that Corporation Council is hereby directed to draft a "City of Buffalo Employment Protection Act" that would eliminate partisan political activity by City of Buffalo employees and employees of its allied agencies, such as BURA. This can be accomplished by: 1. Prohibiting Elected Officials, City officers or employees from: • Using his /her authority or influence for the purpose of interfering with or affecting the result of an election or a nomination for office; • Directly or indirectly coercing, attempting to coerce, commanding, or advising a City officer or employee to pay, lend, or contribute anything of monetary value or perform "volunteer" service to a party, committee, organization, or person for political purpose 2. Prohibiting City officers or employees, with the exception of elected officials and political- appointees in the direct staff of the Mayor, Comptroller and Common Council, from: • Paying, lending, or contributing anything of monetary value to a City officer or employee for political purposes; • Being a candidate for elective public or party office; - Taking an active part in political management or in a political campaign activities involving the election of a public or party office, including but not limited to: A. Directly or indirectly soliciting, receiving, collecting, handling, disbursing, or accounting for assessments, contributions, or other funds for a partisan political activity; B. Organizing, selling tickets to, promoting, or actively participating in a fund - raising activity that benefits directly or indirectly candidate for a public or party office; C. Distributing printed materials in support of or in opposition to a candidate in coordination with a political campaign; D. Soliciting votes in support of or in opposition to a candidate in coordination with a political campaign; E. Driving voters to the polls in any election involving a public or party office in coordination with a political campaign; F. Endorsing or opposing a candidate for a public or party office in a political advertisement, a broadcast, campaign literature, or similar material; G. Circulating a partisan designating or nomination petition that includes a candidate for a public or party office. RESOLVED, Accusations of violations of the City of Buffalo Employment Protection by City of Buffalo Elected Officials, City officials or employees shall be investigated by the Board of Ethics. If the Board of Ethics finds that a violation has occurred, the Board shall recommend an appropriate disciplinary action in accordance with New York Civil Service Law and any applicable collective bargaining agreement; BE IT FURTHER RESOLVED that the Law Department is hereby directed to draft the Employee Protection Act for consideration by this honorable body. THE CITY OF BUFFALO EMPLOYEE PROTECTION ACT By Mssrs. LoCurto, Kearns, and Rivera. Be It Enacted as Follows: Section 1: Purpose and Findings A. This law shall be known as the "City of Buffalo Employee Protection Act." B. The City of Buffalo ( "City ") hereby finds and declares that City government and the residents of the City of Buffalo are best served when its employees do not feel implicitly or explicitly compelled to and do not engage in partisan political activity. The City furthers finds that implementation of the similarly designed federal Hatch Act has served this nation well by removing federal workers from the pressures of partisan politics. C. The Supreme Court of the United States in United States Civil Service Commission v. National Association of Letter Carriers, AFL - CIO, 413 U.S. 548 (1973) declared that the federal Hatch Act does not violate the First Amendment of the Constitution. See also Belle v. Town Bd. of Town of Onondaga, 61 A.D.2d 352 (1978) ( "Letter Carriers reaffirmed the authority of the federal government to prohibit its officers and employees from engaging in political activity or making political contributions. "). D. The City finds that "Employees of state and local governments may be subject to a 'little Hatch Act' designed to ensure that government operates effectively and fairly, that public confidence in government is not undermined, and that government employees do not become a powerful political machine controlled by incumbent officials." Abood v. Detroit Board of Education, 431 U.S. 209, 230 n. 27 (1977). E. The Courts of the State of New York have repeatedly upheld state and local versions of the Hatch Act as constitutional. F. The City encourages all of its employees to participate vigorously in the political process in a manner consistent with this Local Law including the right to vote as they choose and to express their opinions on political subjects and candidates. Section 2: Definitions A. "City" means the City of Buffalo; B. "City agency" means all departments of the executive branch of a City, or an agency, bureau, or department thereof, including any legally separate organization to which City of Buffalo officials appoint a voting majority of its governing body; C. Party means any political organization, which at the last preceding election for governor polled at least fifty thousand votes for its candidate for governor, and any organization or group that nominates a candidate or candidates for office to be voted for at an election: D. Party position means the membership on a party committee or the position of delegate or alternate to a party convention; and E. An elected official means the Mayor, the Comptroller or a Councilmember; and F. "City officer or employee" means an individual employed by the City or an individual whose principal employment is in connection with an activity that is financed in whole or in part by loans or grants by the City but does not include -- 1. an individual who exercises no functions in connection with that activity; or 2. an individual employed by an educational or research institution, establishment, agency, or system which is supported by a recognized religious, philanthropic, or cultural organization. Section 3: Prohibitions A. City officer or employee may not- - 1. Use his official authority or influence for the purpose of interfering with or affecting the result of an election or a nomination for office; 2. directly or indirectly coerce, attempt to coerce, command, or advise a City officer or employee to pay, lend, or contribute anything of value to a party, committee, organization, agency, or person for political purposes; 3. pay, lend, or contribute anything of value to a City officer or employee for political purposes; 4. be a candidate for elective public or party office; 5. take an active part in political management or in a political campaign activities involving the election of a public or party office; the prohibition of this paragraph include but are not limited to- a. Directly or indirectly soliciting, receiving, collecting, handling, disbursing, or accounting for assessments, contributions, or other funds for a partisan political activity; b. Organizing, selling tickets to, promoting, or actively participating in a fund - raising activity that benefits directly or indirectly a candidate for a public or party office; C. Distributing printed materials in support of or in opposition to a candidate in coordination with a political campaign; d. Soliciting votes in support of or in opposition to a candidate in coordination with a political campaign; e. Driving voters to the polls in any election involving a public or party office in coordination with a political campaign; f. Endorsing or opposing a candidate for a public or party office in a political advertisement, a broadcast, campaign literature, or similar material; g. Circulating a partisan designating or nomination petition that includes a candidate for a public or party office. B. A City officer or employee retains the right to vote as he chooses and to express his opinions on political subjects and candidates. C. Subsection (A)(3 -5) of this section does not apply to -- a. an elected official b. the appointed staffinembers of the Office of the Mayor (Executive Dept. General Office Staff); the City Comptroller (Audit and Control Staff); and Common Council (Legislative Staff and Councilmember Staff); Section 4: Enforcement A. The provisions of Section 3 shall be enforced by the City of Buffalo Ethics Commission ( "Commission "). B. Any person or political party may file a complaint with the City of Buffalo Ethics Commission alleging a violation of this local law. C. Within 20 days after the receipt of the complaint, the Commission shall review the complaint. If the complaint on its face alleges a violation of the provisions of this local law, the Commission shall notify immediately the City officer or employee accused of a violation. D. Within 15 days after the review of the complaint and the notification of City officer or employee who is accused of a violation, the Commission shall conduct a prompt public evidentiary hearing upon notice to the accused and the complainant. The accused shall be entitled to counsel, be allowed to present evidence in his defense and cross - examine witnesses. E. The provisions of Section 3 shall be interpreted in a manner consistent with the federal Hatch Act and all case decisions, administrative decisions, and administrative regulations interpreting the federal Hatch Act shall be deemed relevant authority on the interpretation of Section 3. F. Upon the review of the entire record, if the Commission determines that there is a violation of Section 3, then the Commission shall report its findings and a recommendation for disciplinary action in accordance with NYS Civil Service Law and any applicable collective bargaining agreement to the Mayor, City Comptroller and Council President. G. The Commission shall notify the officer or employee of the determination by registered or certified mail; Section 6: Advisory Opinion Any City officer or employee may seek an advisory opinion from either the Law Department or the Commission with respect to the proper interpretation of this Law. Any advisory opinion rendered under this section shall be interpreted in a manner consistent with the federal Hatch Act and all case decisions, administrative decisions, and administrative regulations interpreting the federal Hatch Act shall be deemed relevant authority on the interpretation of this law. Section 6: Notification The Department of Human Resources shall notify all existing employees of this law and make a copy of the law available to existing employees, and make available information regarding restrictions of political activity to all City of Buffalo employees. Employees hired after approval of this Law shall be informed of this law when hired and have a copy of the law made available to them by the Department of Human Resources. Section 7: Exemption Any City officer or employee who currently holds an elective party position shall be allowed to complete the term for which they were elected. Section 8: Severability If any part or provision of this local law, or the application thereof to any individual or circumstance, is held invalid, the remainder of the local law shall not be affected thereby and shall continue in force and effect. Section 9: Effective Date This local law shall take effect 60 days after being approved. ADOPT 1 ST AND 3 RD RESOLVE THE REMAINDER REFERRED TO THE COMMITTEE ON LEGISLATION AYES - Fontana, Franczyk, Kearns, LoCurto, Rivera 5 — NOES - Davis, Golombek, Russell, Smith 4 NO 130 BY: MR. RIVERA ITEMIZATION OF ROADWORK COSTS AND ROADWORK COMPLETED THROUGHOUT THE CITY OF BUFFALO WHEREAS, The City of Buffalo has a significant number of streets in need of paving; and WHEREAS: The Department of Public Works recently brought to this Honorable Body's attention that they will be unable to meet their paving goals for the current calendar year; and WHEREAS: Skyrocketing cost and shortages of asphalt have resulted in a re- prioritization of which road -work will be performed and which roads will be completed in 2008; and WHEREAS: Several local municipalities are experimenting with less expensive repaying methods that have a shorter lifespan; and WHEREAS: Compounding the problem of increased costs is that our community has experienced an unusually rainy season, which impacted the roadwork performed; and WHEREAS: Historically, the City has allocated roughly an equal amount of money for roadwork in the nine Council districts to ensure that taxpayer dollars were equally distributed among the residents of the city; and WHEREAS: In order to protect taxpayer interests, the Council needs additional information regarding road -work performed and planned for this year. NOW, THEREFORE BE IT RESOLVED, That the Department of Public Works provide to the Council: • A list of streets in which road -work was performed in or is planned to be performed in the last 3 yrs including: 1. Which roadwork was performed 2. Councilmatic District it lies within that roadwork was performed upon 3. Square footage of roadwork completed 4. Amount spent on the roadwork 5. Source of funding • A list of projects that will be delayed for 2009 AND BE IT FURTHER RESOLVED That this item be sent to an appropriate committee pending a response from the Department of Public Works. REFERRED TO THE COMMITTEE ON LEGISLATION NO 131 BY: MS. RUSSELL BUDGET AND PERSONNEL AMENDMENT 01 -COMMON COUNCIL 1014 - COUNCILMEMBER #13 The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 01- Common Council, 1014 - Councilmember #13 which currently reads: 1 Legislative Aide $34,161 1 Legislative Assistant $38,800 Is hereby amended to read: 2 Legislative Assistant $38,800 From : 10102001 — 412002 To: 10114001 - 411001 IT IS HEREBY CERTIFIED, that a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with tI Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position GERALD CHWALINSKI, CITY CLERK AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. PASSED AYES -9 NOES -0 NO 132 BY: MS. RUSSELL BUDGET AND PERSONNEL AMENDMENT 55 - COMMUNITY SERVICES 1301 -COMMUNITY SERVICES ADMINISTRATION The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 55 - Community Services, 1301 - Community Services Administration which currently reads: 1 Fiscal Supervisor $38,465 - $44,491 Is hereby amended to read: 1 Associate Account Clerk Typist $33,016 - $38,021 It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. IT IS HEREBY CERTIFIED, that a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position TANYA PERRIN- JOHNSON, COMMISSIONER OF COMMUNITY SERVICES, AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. PASSED AYES -9 NOES -0 NO 133 BY: MS. RUSSELL BUDGET AND PERSONNEL AMENDMENT 31 - PUBLIC WORKS, PARKS & STREETS - ENGINEERING 1191 - TRAFFIC ENGINEERING The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 31 - Public Works, Parks & Streets, 1191 - Traffic Engineering which currently reads: 1 Sign Painter $28,179 - $31,838 Is hereby amended to read: 1 Sign Fabricator $30,072 - $34,311 IT IS HEREBY CERTIFIED, that a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position STEVEN J. STEPNIAK, COMMISSIONER OF PUBLIC WORKS, PARKS & STREETS AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. PASSED AYES - 9 NOES — 0 NO 134 APPOINTMENTS COMMISSIONER OF DEEDS That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31,2008, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: • Carol a. Crump Total: 1 ADOPTED NO 136 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Reaular Committees Committee on Civil Service Tuesday, September 23, 2008 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, September 23, 2008 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, September 23, 2008 at 1:00 o'clock P.M. Committee on Legislation Tuesday, September 23, 2008 at 2:00 o'clock P.M. Special Committees Committee on Waterfront Dev. Thursday, September 18, 2008 at 10:00 o'clock A.M. (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware: therefore. unless we receive notice from the respective Chairmen. we can only make notification of what we are made aware NO 136 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mr. Rivera, the Council adjourned at 4:05 P.M. GERALD CHWALINSKI CITY CLERK Board of Police and Fire Pension Proceedings #8 Office of the Mayor -201 City Hall September 18, 2008 Present: Alicia Lukasiewicz, Corporation Counsel; Darryl McPherson, City Auditor Gerald Chwalinski, City Clerk The Journal of the last meeting was approved. No. 1 1 transmit herewith the Pension Payroll for the Fire Pension Fund for the month of August & September 2008 amounting to $3,740.00 and $3,740.00, and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes -3. Noes -0. No. 2 I transmit herewith the Pension Payroll for the Police Pension Fund for the month of August & September 2008 amounting to $3,760.00 and $3,760.00, respectively, and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes -3. Noes -0. Received and Filed No. 3 On motion by Ms. Lukasiewicz the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:05 a.m.