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Home My WebLink About07-1211pp (2)12/11/2007 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO December 11, 2007 PENSION PROCEEDINGS DECEMBER 13, 2007 No. 23 Decl 1, 2007 12/11/2007 MAYOR Hon. Byron W. Brown COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL FILLMORE DISTRICT David A. Franczyk PRESIDENT PRO TEMPORE UNIVERSITY DISTRICT Bonnie E. Russell MAJORITY LEADER NIAGARA DISTRICT DOMINIC J. BONIFACIO JR DISTRICT COUNCIL MEMBERS BRIAN C. DAVIS - ELLICOTT RICHARD A. FONTANA - LOVEJOY DEMONE A. SMITH - MASTEN MICHAEL J. LO CURTO - DELAWARE JOSEPH GOLOMBEKJR. - NORTH MICHAEL P. KEARNS - SOUTH N X 111 � e :Kole] � i h� i I I i 9 4* 1 Members CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Brian C. Davis, Richard A. Fontana, Michael J. LoCurto - CLAIMS COMMITTEE: Michael Kearns Chairman, Dominic J. Bonifacio Jr., Richard A. Fontana, Joseph Golombek, Jr.,- Members COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr. Chairman, Richard A. Fontana, Michael J. LoCurto, Bonnie E. Russell, Demone Smith - Members FINANCE COMMITTEE: Brian C. Davis, Chairman, Dominic J. Bonifacio, Jr., Michael Kearns, Michael J. LoCurto, Bonnie E. Russell - Members. LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Dominic J. Bonifacio Jr., Joseph J. Golomberk Jr., Michael P. Kearns, Bonnie E. Russell - Members RULES COMMITTEE: David A. Franczyk, Chairman, Dominic J. Bonifacio Jr., Bonnie E. Russell - Members SPECIAL COMMITTEES BUDGET COMMITTEE: Dominic J. Bonifacio, Jr., Chairman, Brian C. Davis, Richard A Fontana, Joseph Golombek, Jr. Bonnie E. Russell - Members MINORITY BUSINESS ENTERPRISE COMMITTEE - ,Demone Smith Chairman Brian C. Davis, Richard A. Fontana, Bonnie E. Russell Members EDUCATION COMMITTEE ;Demone Smith Chairman, Michael P. Kearns, Bonnie E. Russell Members WATERFRONT DEVELOPMENT COMMITTEE — MICHAEL P. KEARNS, CHAIRMAN, BRIAN C. DAVIS, RICHARD A. COMMON COUNCIL Decl 1, 2007 12/11/2007 INVOCATION - PLEDGE TO FLAG ** *FINAL * ** * *December 11, 2007 * ** 2:00 PM Decl 1, 2007 MAYOR 1.- A. Appointments Buffalo Preservation Board(Singleton) (Watts) LEG,COLL 2.- B. Appointment Elevator Safety Review Board (Couch) LEG,COLL MAYOR - EXECUTIVE 3- 1. Plan Bd- Negative Declaraton -541 Bird Avenue(North) R &F 4- 2. Plan Bd- Negative Declaration -200 Delaware Avenue(Ell) R &F 5- 3. Plan Bd- Negative Declaration -1180 Delaware Avenue (Del) R &F 6- 4. Plan Bd- Negative Declaration -548 Elmwood Avenue (Nia) R &F 7- 5. Plan Bd- Negative Declaration -925 Elmwood Avenue(North) R &F 8- 6. Plan Bd- Negative Declaration -2022 Seneca Street(South) R &F 9- 7. Strat Plan- Approval to Transfer Title- Sycamore Sub. From BURA to Bflo New Urbanism,LLC R &F 10- 8. Strat Plan -City Emp. or Relatives of City Emp. Rec. Rehab. Loan or New Housing Loans R &F 11- 8A Strat Plan- Consent to Assignment /Lease Portion of City Owned Driveway -489 Elmwood(Niag) APP 12- 9. Strat Plan- Response J. Ostrowski -Free New York Acquiring Fairfield Library(Del) R &F 13- 10. Strat Plan -Renew Lease Agree. Between COB and the EC Library for Use of Various City Owned Buildings FIN 14- 11. Strat Plan -Renew Lease Agree. Between the COB and NW Bflo Comm Ctr, Inc.for Use of 902 -904 Tonawanda St.(North) APP 15- 12. Strat Plan - Results of Neg. 237 Masten(Ell) FIN 16- 12A Strat Plan - Results of Neg 254 Herkimer (Niag) APP 17- 13. Strat Plan -Appt Senior Planner, Prov, (3 Step)(Brozek) CS COMPTROLLER 18- 14. Cert of Nec -Inc Approp. GIA & Strat Plan $800,000 R &F 19- 15. Cert of Nec -Inc Approp. Strat Plan $4,638,250 FIN 20- 16. Cert of Nec -Inc Approp. Police & Fringe Benefits $1,178,231.43 R &F 21- 16A 2008 Capital Budget and 5 Year Plan BUDGET 22- 17. Interfund Cash Loan APP 23- 18. Internal Controls for Spending Monies Allocated Within the City Budget BUDGET COUNCIL PRESIDENT 24- 19. Request Response If Local Law Intro #9 Needing Referendum TABLE ASSESSMENT 25- 20. Internal Controls for Spending Monies Allocated Within the City Budget R &F PUBLIC WORKS 26- 21. Notif. Serial #10178 -10180 (Waive 45 Days) APP 27- 22. Create Public Use Space(Carey St)(EII) FIN 28- 23. Conveyance of Mem Aud to Erie Canal Harbor Deve. Corp FIN 29- 24. Public Access Policy Handbook R &F 30- 25. Report of Bids City Court(Ell) APP 31- 26. Report of Bids Lovejoy Pool Roof Reconstruction(Lov) APP 32- 26A Report of Bids Repair of Streetlight Foundations & Knockdowns Citywide APP 33- 26B National Grid - Request to Allow Aerial Crossing of Union Ship Canal and Fuhrman Blvd APP POLICE 34- 27. App. to Trade 820 Pistols for Caliber Glock Pistols APP 35- 28. Mem of Agree /Law Enforc Sery Bflo Creek Casino FIN,CC 36- 29. Mem. Of Agree /Law Enforc Escort Sery with Burkhalter Rigging APP 37- 30. Agree Btwn NY Div. Of Criminal Justice Serv. And the COB Crime Analysis Ctr. APP CORPORATION COUNSEL 38- 31. Info Re RFP 181 Ellicott St.(EII) LEG,EDPI 39- 31A LL Intro No 9 Amending Charter in Relation to CC TABLE 40- 31 B Operation and Mngt Agreement -BCAR FIN 41- 31C B. Davis -J. Steward - Demolition 23 Eureka APP PERMITS & INSPECTIONS 42- 32. 500 Block of Main St.- Hist. Dist. Designation(Ell) LEG 43- 33. Buffalo Maritime Museum /Lake Erie Schooner Proj. CD 44- 34. Encroachment Providence St. R &F 45- 35. Demolition 23 Eureka (Ell) R &F 46- 36. FEMA's Revised Flood Map R &F 47- 37. Food Store License 214 Elmwood(Nia) APP 48- 38. Grant Ferry Association R &F 49- 39. Helipad at 100 High St(Ell) R &F 50- 40. Promoting Small Business CD 51- 41. S. Falasa- Complaints Vacant Property at 132 Peck St.(Fill) R &F 52- 42. Second Hand Dealer -819 East Ferry(Mas) LEG 53- 43. Second Hand Dealer -1929 South Park(South) LEG 54- 44. Update Flood Insurance Maps R &F 55- 44A Used Car Dealer 2832 Bailey Ave (Univ) LEG 56- 44B Used Car Dealer 18 -20 Tonawanda St (North) APP ADMINISTRATION AND FINANCE 57- 45. Endorsement of COB's Appl for the Shared Municipal Serv. Incentives Grant R &F 58- 46. Recycling Toner APP Decl 1, 2007 12/11/2007 COB Empire Zone(Zone #38) COMMUNITY SERVICES 134 -73B Golombek 59- 46A. Acceptance of Funds from the Mayor's Fund to Advance Buffalo APP CITY CLERK COB Empire Zone(Zone #74) 60- 46B Common Council- Negative Declaration -1413 City Hall- Empire Zones #38 and #74 CD 61- 47. Minutes of the Board of Ethics Sept 2007 R &F 62- 48. Liquor License Applications R &F 63- 49. Leaves of Absence R &F 64- 50. Notices of Appointments - Seasonal R &F 65- 51. Notices of Appointments - Temp. /Prov. /Perm. CS BUFFALO WATER BOARD 66- 52. B. Davis -R. Sanders -Cease Water Service at 508 High St. FIN MISCELLANEOUS as Empire Zone (# 74) 67- 53. L.P. Ciminelli -Board Packet Documents December 2007 R &F 68- 54. B. Davis -J. Hanna - Restaurant & Dance License 45 W. Chippewa St LEG 69- 55. J. Golombek -T. King -57 Tonawanda Street Project R &F 70- 56. J. Golombek -M. Brockmyre- Concerns With the BOPC 20 Year Plan CD,OSP 71- 57. M. Kearns -M. Gallivan- Concerns Marine Drive Apartments CD 72- 58. M. Kearns - Schedule for Toronto Meetings R &F 73- 59. S. Magavern -LWC Public Hearing Reqarding M &T Bank R &F 74- 60. NYSDEC - Environmental Invest and Cleanup Work Plan for 1055 Genesee St(Fill) R &F 75- 61. D. Rodriguez- Taxicab vs. NFTA R &F 76- 62. B. Schifeling- Intentions for 1042 Ellicott St(Ell) FIN,EDPI,OSP 77- 63. D. Smith - Article- Economic Impact of Mortgage Defaults FIN,EDPI,OSP 78- 64. L. Wiechec- Req "No Parking Here to Corner" Sign, Stevenson & Seneca Sts(South) PW PETITIONS 145 -80. Smith 79- 65. J. Allen, Agent, Use 625 Abbott Rd for an Illuminated Ground Sign(No Pub Hrg)(South) LEG,CPBD 80- 66. M. Beck, Agent, Use 131 Mulberry, Erect a 2 Story Frame HSF(No Pub Hrg)(EII) LEG,CPBD RESOLUTIONS 123 -67. Bonifacio Req EC Lib Bd to Restore Library Services ADOPT LAST RES,REM TO LEG Res 83 Nov 27 124 -68. Davis App to Transfer Title Sycamore Vlg Sub. From BURA to Bflo New Urbanism(hrg 12/26) FIN 125 -69. Davis Set Pub Hrg Transfer of Land From BURA to Bflo New Urbanism(hrg 12/26) ADOPT 126 -70. Davis Inc Appro GIA & Strat Plan $800,000 APP 127 -71. Davis Inc Appro Strat Plan $4,638,250 FIN 128 -72. Davis Inc Appro Police & Fringe Benefits APP 129 -72A Davis Shift of Operations into an Empire Zone APP 130 -72B Davis Appl With ECDEP /Shared Mun Services Incentive Grant Funding Georeferenced Watershed Data Collection & Hydraulic Modeling APP 131 -72C Davis Set Public Hearing 500 Block of Main St Local Historic District Desig(hrg 1/3) ADOPT 132 -73. Golombek Holding Nonpartisan Elections For All City Offices ADOPT LAST RES, REM TO LEG,CC 133 -73A Golombek Support and Concur in the COB Application for Redesignation Certain Areas Within Decl 1, 2007 COB Empire Zone(Zone #38) CD 134 -73B Golombek Support and Concur in the COB Application for Redesignation Certain Areas Within COB Empire Zone(Zone #74) CD 135 -73C Golombek LL Intro No 10 -Amend Article Six of the Charter of the COB Authorizing the Bflo CC to Make Appl for Re- Designation of Certain Areas W /in COB as Empire Zone ( #38) CD 136 -73D Golombek LL Intro No 11 -Amend Article Six of the Charter of the COB Authorizing the Bflo CC to Make Appl for Re- Designation of Certain Areas W /in COB as Empire Zone (# 74) CD 137 -73E Fontana Disch Leg Comm CCP# 1 11/13/2007 -Appt Member Bd of PkgADOPT D/C APP 138 -74. Kearns The Buffalo Skyway Maint. And Closure Issues ADOPT LAST RES, REM TO W /FRT,PW 139 -75. Russell Budget & Personnel Amendment(Mayor Excc) APP 140 -76. Russell Budget and Personnel Amendment (Mayor Excc Cit Serv) APP 141 -77. Russell Budget and Personnel Amendment (Leg CM #13) APP 142 -78. Russell Budget and Personnel Amendment (Police) APP 143 -78A Smith Friends to the Elderly Lease Agreement FIN 144 -79. Smith Felicitations in Memoriam ADOPT 145 -80. Smith Comm of Deeds ADOPT 146 -81. Smith Comm of Deeds Public Duties ADOPT TABLE ITEMS Res 83 Nov 27 LL Intro No 9 Amending the Charter in Relation to the CC Decl 1, 2007 12/11/2007 SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETING CLAIMS PERSONAL INJURY 81- A -1 Estate of Shannon Parmerter $350,000.00 APP Estate of John Mattia $300,000.00 82- A -2 Estate of Ronald Russell $1,500,000.00 APP 83 A -3 Lynne A Laettner $40,000.00 APP A -4 Douglas Pellien $12,500.00 PROPERTY DAMAGE 84- B -1 Candace Bailey $326.25 APP B -2 Lonnie Burrough $500.00 APP B -3 Barbara Caruso $15.00 APP B -4 Carol Coppola $1,647.00 APP B -5 Joseph Depronio $4,085.00 APP B -6 Andre Foster $2750.00 APP B -7 Patricia Gombos $350.00 APP B -8 Janet Haas $614.82 APP B -9 Liberty Mutual Ins Co a /s /o Thompson $6,535.72 APP B -10 James Linkowski $59.69 APP B -11 Gayle O'Connell $138.09 APP B -12 Garrett Papiernik $347.48 APP B -13 Sherry Sapar $145.73 APP B -14 Nancy Skinner $641.63 APP B -15 Paul Weiss $2,833.30 APP PROPERTY DAMAGE(VEHICLE /FIRE DEPT. CLAIMS) 85- C -1 Adam Barrett $306.68 APP C -2 John Conrad $705.79 APP C -3 Jeff Gauss $463.28 APP C -4 Randy Hahn $271.88 APP C -5 Kenneth Harris $1,145.57 APP C -6 Patrick Igoe $325.00 APP C -7 Michael Larson $604.11 APP C -8 Mark Michalek $344.74 APP C -9 Michael Nosbisch $808.38 APP C -10 Thomas Palezewski $648.15 APP C -11 Joseph Peters $563.33 APP C -12 Kevin Terry $482.85 APP MISCELLANEOUS REIMBURSEMENT 86- D -1 Irma Hernandez $660.00 APP D -2 Lee Koester $532.87 APP MISCELLANEOUS INVOICE 87- E -1 ComTel $395.00 APP E -2 Dreamco Corporation $6,144.18 APP E -3 MacSolutions Plus $138.95 APP E -4 National Grid $6,266.04 APP E -5 The Tape Company $868.20 APP RECOMMITTED ITEMS FROM OCTOBER 10,2007 CLAIMS COMMITTEE MEETING 88- F -1 Joseph Komorowski $799.18 DENY 89- F -2 Marlene Myree $712.44 RECOMMIT CIVIL SERVICE 90- 1. Com 7 Nov 27 Appt Senior Planner, Prov (3r Step)(Brozek)(Strat Plan) APP 91- 2. Com 25 Nov 27 Appts Building Inspector, Perm (3r Step) (Sacco)(Curtin)(EDPI) APP 92- 3. Com 26 Nov 27 Appt Building Inspector, Cont Perm, (Fifth Step) (Gilmour)(EDPI) APP 93- 4. Com 27 Nov 27 Appt Chief Building Inspector, Perm, (Fifth Step)(Petrucci)(EDPI) APP 94 -5. Com 32 Nov 27 Appt Senior Administrative Assistant, Temp, (Max)(Kacmarz)(A &F) APP 95 -6. Com 33 Nov 27 Appt Administrative Assistant, Temp, (Max)(Kibby)(A &F) APP 96 -7. Com 41 Nov 27 Notices of Appointments, Temp, Prov, Perm (Cty Clk) R &F FINANCE 97 -8. Com 6 Nov 27 Results -Real Estate Auction 9 /22 /07(Strat Plan) App Exclude 260 Laurel,248 Northampton & 533 Riley RECOMMIT 98 -9. No 64 Nov 27 Results Neg 21 Wade(Mas)(Strat Plan)( #10,10/2) AP 99 -10. No 110 Sept 4 Renew Lease Agmt Btwn COB & Mass Comm Ctr 161 Vermont (Niag)(Strat Plan)( #14,7 /24)_R &F 100 -11. No 54 May 15 B. Davis - Central Library Req. for Dedicated Public Pkg. R &F COMMUNITY DEVELOPMENT 101 -12.No 45 Nov 27 B. Davis -R. Kelley- Response Promoting Small Business FIN 102 -13.No 81 Sept 18 Results of Negotiations -444 Woodlawn (Masten)(St Plan) (#13,6,12)(#111,6/26)(#130,7/24) RECOMMIT 103 -14. Com 41 Feb 8 Real Estate Flipping R &F 104 -15. Com 33 Mar 6 D. Bonifacio -C. Schumer -Press Release - Resolve Issues Shared (EDPI) R &F 105 -16. No 48 Jan 23 D. Bonifacio- Status of Peace Bridge Expansion R &F 106 -17. No115 June 26 Results Neg -401 Busti (Strat Plan)( #6,5/29)( #105,6/12) RECOMMIT 107 -18. No 49 Oct 16 J.Golombek- R.Franke- Bflo's Population Loss & Results R &F LEGISLATION 108 -19. Com 22 Nov 27 Second Hand Dealer 999 Broadway (Fill)(EDPI) APP Decl 1, 2007 12/11/2007 109 -20. No 47 Nov 27 110 -21. Res 85 Nov 27 111 -22. Res 89 Nov 27 112 -23. Res 90 Nov 27 113 -24. No 68 Nov 13 114 -25. No 108 Oct 16 115 -26. Res 178 July 24 EDUCATION 116 -27. No 44 Oct 16 117 -28. No 43 Nov 13 118 -29. Res 139 Apr 3 119 -30. Com 40 May 15 SPECIAL COMMITTEES BUDGET 120 -31. Com 45 May 15 121 -32. Com 9 Apr 17 122 -33. No 186 July 25 M. LoCurto- Review of Polar Bear Deaths at Bflo Zoo in 2006 -2007 R &F Building A New Football Stadium in Downtown Buffalo (Exc Fin Res) CD Concern About Animal Care at the Buffalo Zoo(Exc 1 sc & 2 " Res) R &F The Jesse Kregal Pathway ADOPT Trailblazing Signage- Maggie Y. Boyd Way( #113,10/16)( #85,10/30) APP Food Store License -1445 E. Delavan( Lov)(36,5 /15)(94,5/29)(96,6 /12) (95,7/10) RECOMMIT Establishing A Text a Tip Program in Buffalo R &F LP Ciminelli -Board Packet Documents Oct 2007 R &F D. Smith - Article Block Club Hosts Emergency Walk on Thompson St R &F Adding Two Members of Inter -High Council to COB CC Ed. Comm. ADOPT Provide Better Opportunities for All Children (EDPI) R &F 2006 -2007 Third Quarter Gap Sheets (AFUA R &F Addl. Info. On Federal Financial Assistance (Compt.) R &F Req. to Hire More Police Officers R &F Dec11, 2007 12/11/2007 CITY HALL - BUFFALO TUESDAY, DECEMBER 11, 2007 AT 2:00 p.m. PRESENT — David A. Franczyk, President of the Council, and Council Members Bonifacio, Davis, Fontana, Golombek, Kearns, LoCurto, Russell and Smith — 9 ABSENT — None CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, DECEMBER 11, 2007 AT 2:00 P.M. Present - David A. Franczyk, President of the Council, and Councilmembers: Bonifacio, Davis, Fontana, Golombek, Kearns, LoCurto, Russell & Smith - 9 Absent - None On a motion by Mr. Bonifacio, Seconded by Mr. Fontana, the minutes of the stated meeting held on December 11, 2007 were approved. FROM THE MAYOR NO. 1 APPOINTMENT - BUFFALO PRESERVATION BOARD Pursuant to Section 18 -35, Section 109 -Q; Local Law 4 of the City Charter, I hereby reappoint Carla Singleton, 226 Blaine Avenue, Buffalo, New York 14208 and appoint Edward O. Watts, Jr., 3826 Main Street, Buffalo, New York 14226 to serve on the Buffalo Preservation Board for 3 year terms, commencing immediately and expiring November 30, 2010. Mr. Watts is the President of Watts Architecture & Engineering, PC, a minority owned architecture and engineering firm. As an up and coming architect in the City of Buffalo, Mr. Watts can offer the board his practical work experience and his commitment to preserving the architectural character and urban design of the city. I hereby certify that the above mentioned individuals are fully qualified to serve on the Buffalo Preservation Board. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DIVISION OF COLLECTIONS No. 2 Appointment Elevator Safety Review Board Pursuant to Chapter 167.3 of the City Charter, I hereby appoint Daniel E Couch, 264 Morris Ave, Buffalo, New York 14214 to serve on the Elevator Safety Review Board for a 3 year term, commencing immediately and expiring November 30, 2010. Mr. Couch is the Property Manager for the Larkin at Exchange building. He is responsible to oversee the building services department and manages a staff of 25 1 hereby Certify that the above named individual is fully qualified to serve as a member of the Elevator Safety Review Board REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DEPARTMENT OF COLLECTIONS FROM THE CITY PLANNING BOARD FROM THE MAYOR - EXECUTIVE DEPARTMENT No. 3 NOTICE OF DETERMINATION OF NON- SIGNIFICANCE 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 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 The Bird House Location: 541 Bird Avenue Type of Action: Unlisted- Uncoordinated Description: Adam Sokol, owner is proposing to construct a new home on the property located at 541 Bird Avenue, Buffalo New York. The project will include the construction of a new single - family, two and one half story residential structure that will include new landscaping, Room 901, City Hail The owner hopes to complete the home sometime in April 2008. The materials to finish the home will consist of EcoStar slate style roofing material and a faux wood like product (trospa meteon) colored harmony oak, The owner has reached out to his surrounding neighbors describing the project and stated he has received their support. A zoning variance was issued by the Zoning Board of Appeals in January of 2007 and extended in July 2007 for deficient area requirements (lot size and front setback), The project will be privately funded with the estimated cost of this project being two hundred thousand dollars (200,000). 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. Decl 1, 2007 12/11/2007 Reasons Supporting This Determination: The facts and reasons for this decision are as follows: the new home wig assist with the continued growth and success of the Elmwood Village area. 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 RECEIVED AND FILED NO. 4 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON - SIGNIFICANCE This notice is issued pursuant to the State Environmental Quality Review Act (SEQRA),Article 8 of the Environmental Conservation Law and its implementing regulations 6 NYCRR Part 617 In accordance with the provisions of SEQRA, the City of Buffalo Planning Board as Lead Agency, has reviewed the following action as it relates to the environment: Action Title: 200 Delaware Avenue Buffalo, New York. Type of Action: Type I Project Description: Uniquest, a joint venture between Uniland Development Company and Aequest Development is proposing to redevelop the vacant building at 200 Delaware Avenue in the City of Buffalo. The proposed development involves the redesign of the exterior of the building, replacing the existing dated concrete design with a largely glass exterior. There are also enhancements to the landscaping of the premises. Upon completion, the building will house a hotel, office space and residential units. This action is a Type I action because it is located contiguous to a City designated historic district. R easons Supporting the Determination: The Lead Agency has reviewed and considered submissions and comments concerning the proposed Condominium project, including, but not limited to, the following: Full Environmental Assessment Form Site Plan Various renderings Elevations Traffic Impact Study by Hatch, Mort, McDonald dated October 3, 2007 Public Hearing of November 7, 2007 Based upon its review and consideration of the EAF and other materials and information listed above, and the environmental criteria contained in the SEQRA regulations at 6 NYCRR 617.6(c), the Planning Board has identified the following areas of small to moderate potential environmental impact as a result of this project: traffic, and potential impact on historic buildings and resources. A. Traffic The Traffic Impact Study conducted by Hatch, Mott, McDonald concluding that: 1. The roadways and intersections within the area of 200 Delaware are currently operating at an acceptable level. 2. Additional traffic resulting from this proposed redevelopment will not have a noticeable effect on traffic operations. Accordingly, the Planning Board finds that traffic will not create a significant advance effect on the quality of the environment. Historic and Arehaeologioal Resources The proposed project is not within a historic district, but it is adjacent to a historic district. Upon review, the Board determines that the design will not have any significant adverse impact on the adjacent historic districts. The building already exists and the current project significantly improves the visual impact of the building overall. In addition, the site plan calls for improvements in landscaping of the parcel. The community from the historic districts appears to strongly approve of the project in general. It is believed that the project enhances the area in a number of ways. The new plan significantly improves the visual impact of the existing building and landscaping. The project will lead to the habitation of a currently vacant building with a mix of desirable uses. In addition, the project will enhance security in the area. Conclusion The few potential environmental concerns that were identified are not significant in magnitude or effect. Accordingly, the City of Buffalo Planning board determines that the undertaking of this action will not constitute an action significantly adversely affecting the quality of the environment and that no further environmental review of this action need be conducted prior to the project implementation. For further information concerning this Negative Declaration, contact Martin Grunzweig, Land Use Controls Coordinator, Room 901, Buffalo City Hall, (716) 851 -5085. RECEIVED AND FILED No. 5 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON - SIGNIFICANCE. This notice is issued pursuant to the State Environmental Quality Review Act (SEQRA), Article 8 of the Environmental Conservation Law and its implementing regulations 6 NYCRR Part 617 LEAD AGENCY City of Buffalo Planning Board 901 City Hall Buffalo, New York 14202 In accordance with the provisions of SEQRA, the City of Buffalo Planning Board as Lead Agency, has reviewed the following action as it relates to the environment: Action Title: Canisius High School Decl 1, 2007 12/11/2007 1180 Delaware Avenue Buffalo, New York. Type of Action: Type I Project Description: Canisius High School is proposing to enhance and expand its facilities located at 1180 Delaware Avenue in the City of Buffalo. The proposed development involves the demolition of the existing Frauenheim Hall, and the construction in its place of a new field house. In addition, a new math and science wing will be constructed on the West Ferry Street side of the building on what is currently a grass practice field. As part of the project the current exist from the campus onto Cleveland Avenue will be eliminated and a new exit onto Delaware Avenue from the south parking lot will be constructed. This action is a Type I action because it is located contiguous to a comer of a City designated historic district. Reasons Supporting the Determination: The Lead Agency has reviewed and considered submissions and comments concerning the proposed Condominium project, including, but not limited to, the following: Full Environmental Assessment Form Site Plan Various renderings Elevations Traffic Impact Study by Nussbaumer & Clarke, Inc. dated November, 2007 Public Hearing of November 20, 2007 Based upon its review and consideration of the EAF and other materials and information listed above, and the environmental criteria contained in the SEQRA regulations at 6 NYCRR 617.6(c), the Planning Board has identified the following areas of small to moderate potential environmental impact as a result of this project: traffic, and potential impact on historic buildings and resources. A. Traffic The most significant aspect of the proposed site plan on traffic is the elimination of the existing exit onto Cleveland Avenue and the construction of a new exit onto Delaware Avenue from the south parking lot. After analysis of these changes the Traffic Impact Study conducted by Nussbaumer & Clarke, Inc. concluded as follows: Overall, this project has been determined to have no significant effects on the existing transportation system or roadway network and not result in any significant negative impacts to traffic operations in the vicinity of the project. It is concluded that, based on the existing trips generated by the Canisius High School at this site; in consideration of and review of the removal of the driveway from the site to Cleveland Avenue, this project is anticipated to have minimum or no impacts to the studied intersections as a result of the redistributed traffic .... Accordingly, the Planning Board finds that traffic will not create a significant advance effect on the quality of the environment. B. Historic and Archaeological Resources The proposed project is not within a historic district, but it is adjacent to a historic district. Upon review, the Board determines that the design will not have any significant adverse impact on the adjacent historic district . The additions to the Canisius High School campus appropriately address the historic core of the campus very effectively in addition to the comer of the historic district located across Delaware Avenue. The community from the historic district appears to strongly approve of the project. Conclusion Canisius High School is a valued resource to this City and the Planning Board believes that this project will only enhance the campus and the community. The Board further notes the strong community support for this project. The few potential environmental concerns that were identified are not significant in magnitude or effect. Accordingly, the City of Buffalo Planning board determines that the undertaking of this action will not constitute an action significantly adversely affecting the quality of the environment and that no further environmental review of this action need be conducted prior to the project implementation. For further information concerning this Negative Declaration, contact Martin Gnmzweig, Land Use Controls Coordinator, Room 901, Buffalo City Hall, (716) 851 -5085. 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. 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: Verizon Diesel Storage Tank and Antennas 548 Elmwood Avenue Type of Action: Unlisted - Coordinated Description: TRM Architect (Robert A. Dollman) as a representative of Verizon is proposing the installation of a diesel fuel storage tank and four antenna with other building improvements on the property located at 548 Elmwood Avenue, Buffalo New York. The project consists of the renovation and remodeling of interior space, installation of two generators, one new at grade air intake, one expanded at grade air intake, one below grade 5000 gallon diesel fuel tank and four new antenna (two 20' and two 35' height) masts on roof with fencing improvements on the property. Construction is anticipated to begin in January of 2008 and be completed by the Summer of 2008. The project will be funded privately and cost approximately $250,000. 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 new generators and diesel fuel storage tank will allow Verizon to provide needed communication during times of power failure or other emergency situations that may arise. The new antennas will allow for better communication functions in the Buffalo area. The identified potential negative impacts Decl 1, 2007 12/11/2007 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: December4, 2007 City Clerk City of Buffalo Economic Development, Permits end Inspections City of Buffalo Public Works, Parks & Streets TRM Architects RECEIVED AND FILED No. 7 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON- SIGNIFICANCE 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. 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: Type of Action: Unlisted- Uncoordinated Description: Lauer - Manguso & Associates on behalf of Evans National Bank proposing to rehabilitate an existing building (Former ET8 Restaurant) on the property located at 925 Elmwood Avenue, Buffalo New York. The proposed rehabilitation will include a vestibule, at the relocated West Delevan entrance. In addition to the proposed new entrance, the vestibule, the interior build -out will include a waiting area, teller line, employee break -room area, new toilet facilities, manager's office, conference room and a walk up ATM located on the Elmwood Side of the building. Exterior improvements include the addition of dryvit details (comics and vertical elements) to the existing shell, as well as the possibility of a dock on the tower and metal louver sunscreen awnings Site improvements include the joining of the proposed Elmwood Taco and Subs parking lot and the existing parking lot by removing the existing stockade fence and landscape now separating them. Evans bank proposes s drive -up ATM centrally located in the parking lot area. The project will be privately funded with the estimated cost of this project being three hundred and fifty thousand dollars (350.000). 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: the project will a positive addition to a prominent building in the Elmwood Village that will be soon vacated and provide a needed service to the residents living in the surrounding community. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, end 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: November 20 2007 City Clerk City of Buffalo Public Works, Parks and Streets Department City of Buffalo Economic Development, Permits and Inspections Lauer Manguso Architects RECEIVED AND FILED No. 8 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON- SIGNIFICANCE 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. City of Buffalo Planning Board Room 901, City Hall 55 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: Type of Action Francesca's Restaurant Rehabilitation Location 2022 Seneca Street Type of Action Unlisted- Uncoordinated Description: Steven Marchione, owner is proposing to rehabilitate a former bar and restaurant (Dotty's Bar and Grill) on the property located at 2022 Seneca Street, Buffalo New York. The project will include modifications to the first floor lavatories and a covered entrance to the existing apartments located on the second floor. The entire exterior of the building complex will be covered in motor stucco. The project will be privately funded with the estimated cost being twelve thousand dollars (12,000). 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: the property has been owned by the family of Mr. Marchione for many years and he feels that he wants to contribute to the success of this neighborhood by rehabilitating a currently vacant building on Seneca Street. 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 RECEIVED AND FILED Decl 1, 2007 12/11/2007 FROM THE OFFICE OF STRATEGIC PLANNING No. 9 APPROVAL TO TRANSFER TITLE SYCAMORE SUBDIVISION FROM BURA TO BUFFALO NBN URBANISM, LLC The City of Buffalo Urban Renewal Agency (hereinafter referred to as "Agency ") has formed a for - profit single asset entity (limited liability company), and needs to transfer the title to the Sycamore Village Subdivision to this newly formed LLC for $1.00. This action will facilitate the use of New Market Tax Credit Financing for the Sycamore Village Housing Project. The newly created entity will transfer the individual sublots to prospective homebuyers. In addition, the Agency has authorized the Vice - Chairman to execute the guarantee on a loan commitment issued by Key Community Development New Markets, LLC in the amount of $2,222,500.00 on a residential construction line of credit for the purpose of constructing up to twenty (20) market rate residential homes in the Sycamore Village Subdivision. After construction and sale of each home, the entity will repay the Key Bank loan and transfer the individual sublots to the homebuyers. It is necessary for your Honorable Body hold a public hearing and approve the transfer of properties within the general area bounded by Sycamore Avenue on the North, Jefferson Avenue on the East, Matthews Street on the South, and Mortimer Street on the West from the Agency to this new entity, Buffalo New Urbanism, LLC. In accordance with State Environmental Quality Review (SEAR), the requirements of the New York State Quality Review ACt (SEAR) must be satisfied. The project, as defined under SEAR, is an "Unlisted Action ". An uncoordinated review was completed by the Agency. The Agency has completed its environmental review of the action and has determined that the project will not have a significant adverse effect on the environment, and an Environmental Impact Statement will be not prepared. In accordance with Section 617.12 of SEAR, BURA hereby files a copy of its Negative Declaration for this action with the Common Council. In addition, since the Agency conducted an uncoordinated environmental review, the Common Council must also comply with the provisions of SEAR, prior to the approval of the property transfer. Please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary for your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded separately are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Approving Resolution After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of land from the Agency to Buffalo New Urbanism, LLC. RECEIVED AND FILED NO. 10 CITY EMPLOYEES OR RELATIVE(S) OF CITY EMPLOYEE RECEIVING REHAB. LOAN OR NEW HOUSING LOANS VARIOUS COUNCIL DISTRICTS DEBORAH MIMS 53 Leonard Street Buffalo NY Deborah Mims is an employee of the Belmont Shelter Corp. Callie McConico 253 Berkshire Ave Buffalo NY 14215 Aunt, Pamela Edwards is employed as a Teacher in the Board of Education. Patricia Radzikowski 325 Davey St Buffalo NY 14206 Sister, Margaret McCarville is employed as a Teacher's Aide in the Board of Education. Jerry Campbell 201 Comstock Ave Buffalo NY 14215 Brother, Tony Campbell, currently disabled, was employed by the Demolition Dept. Brother, Terry Campbell, is a lead foreman for the Mayor's Impact Team. Michael Marinaccio 49 Mariner St Buffalo NY 14213 Michael Marinaccio is an English Language Instructor with the Board of Education. Richard Zachery 515 Berkshire Avenue Buffalo NY 14215 Richard Zaehery is employed by the Board of Education as a Bus Aide. Willis & Evelyn Williams 48 Riley St Buffalo NY 14209 Son, Richard Williams, is employed by the Board of Education as a Music Teacher. Marconi & Alice Combs 370 Florida St Buffalo NY 14208 Sister, Wanda Nelson, is employed by the Board of Education as a Secretary. Karen Lane 126 Stevens St Decl 1, 2007 12/11/2007 Buffalo NY 14215 Daughter, Monique Walker, is employed by the Board of Education as a Bus Aide. Joyce Sehmelzinger 125 Orlando St Buffalo NY 14210 Joyce is employed by the Buffalo Board of Education as a food service worker. Thaddeus Coleman, Sr. 225 Orleans St Buffalo NY 14215 Mr. Coleman's cousin, Crystal Barton, is Principal of McKinley H.S. Lolita Newton 509 E. Utica St Buffalo NY 14208 Lolita Newton is employed by the Buffalo Board of Education as a Cook. Eva Hall 23 Mendola St. Buffalo NY 14215 Son, Gregory Hall, is employed part -time with the Board of Education as a Teacher's Aide. Olivia & Enrique Padilla 50 Woodside Avenue Buffalo NY 14220 Niece, Evelyn Rodriguez, is employed by the City of Buffalo, Office of Strategic Planning /Housing Andrew Bugnacki 61 Pavonia Street Buffalo NY 14207 Andrew Bugnacki is employed with the Board of Education as a Teacher's Aide. Constance Grissom 260 Sweet Street Buffalo NY 14212 Constance Grissom is employed with the Board of Education as a Food Service worker. Flora Palumbo 470 Seventh Street Buffalo NY 14201 Flora Palumbo is employed as a Crossing Guard. Mia Moore 173 Phyllis Ave Buffalo NY 14215 Ms. Moore is employed by the BMHA as a Housing Manager. Louise Hulett 121 Florida Street Buffalo NY 14208 Nephew, John Eberhardt, is employed as an Officer for the Buffalo Police Department Janice Radder 39 Juniata P1. Buffalo NY 14210 Son -in -law, Jay Duderwick, is employed as a Marketing Manager for the Division of Real Estate. RECEIVED AND FILED NO. 11 CONSENT TO ASSIGNMENT OF LEASE OF A PORTION OF A CITY -OWNED DRIVEWAY AT 489 ELMWOOD AVENUE ( #12 CCP 10/02/07, #7 CCP 11113/07) The Office of Strategic Planning, Division of Real Estate received a request from 493 F M Elmwood Avenue, LLC seeking the City of Buffalo's consent to an assignment to Bank of America, N.A. of 493 F M Elmwood Avenue, LLC's lessee interest in their non - exclusive Driveway lease from the City of Buffalo. The lessee's interest is, subject to the approval of Your Honorable Body, being assigned to Bank of America, N.A. because Bank of America is the ultimate user of the adjoining 493 Elmwood Avenue property being served by the non - exclusive Driveway lease and Bank of America is requiring the Driveway lease assignment as a condition of moving forward with the redevelopment. The City of Buffalo is not releasing 493 F M Elmwood Avenue, LLC from its obligations and duties under the non- exclusive Driveway lease. Your Honorable Body previously approved the subject non - exclusive Driveway lease on November 13, 2007. 1 am recommending that Your Honorable Body approve the lessee's lease assignment to Bank of America, N.A. upon substantially the terms and conditions contained in the attached proposed Assignment of Lease. I am further recommending that Your Honorable Body authorize the Mayor to execute the same. Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated December 6, 2007 be received and filed; and That the Common Council approves the assignment of the Lease from 493 FM Elmwood Avenue, LLC to Bank of America, N.A. upon substantially the terms and conditions contained in the attached proposed Assignment of Lease for the City -owned driveway at 489 Elmwood Avenue. That the Mayor be authorized to execute the same. PASSED AYES 9 NOES 0 NO. 12 RESPONSE - JAMES OSTROWSKI — FREE NEW YORK ACQUIRING FAIRFIELD LIBRARY Decl 1, 2007 12/11/2007 ITEM # 58, C.C.P. OCTOBER 16, 2007 Your Honorable Body has requested a response from this Office to the above referenced item. The item is a letter from Mr. James Ostrowski, President of Free New York, Inc., requesting the Common Council to authorize the purchase of 1659 Amherst Street by appraisal to Free New York in the Amount of Seventy Five Thousand Dollars, ($75,000.00). Mr. Ostrowski also states in his letter that Free New York is not happy with the manner in which Free New York's interest in the property has been handled. In January of 2006 the property at 1695 Amherst (former Fairfield Library) was turned over to the Division of Real Estate for disposition in accordance with Article 27 of the City Charter. In June of 2006, the Common Council authorized the sale of 1695 Amherst by appraisal to Mr. Casey Kratt, Item # 5, C.C.P. June 13, 2006. In December of 2006, Mr. Kratt notified the Division of Real Estate that he was no longer interested in pursuing the purchase of the property. In December of 2006, a decision was made by the Office of Strategic Planning to market the Fairfield Library and ten (10) other City owned buildings through the Request For Proposal Process. There was substantial interest in these properties. Several parties were interested in purchasing the Fairfield Library, including Free New York. It has been the policy of the City of Buffalo to market it's property through Public Auction or through the Request For Proposal Process when one or more parties are interested in acquiring a property. Mr. Ostrowski contacted the Division of Real Estate in September of 2006. The Director of Real Estate met with Mr. Ostrowski on several occasions regarding Free New York's interest and proposal for the property. While Free New York has an interesting reuse for the library, they were unable to provide evidence of sufficient resources to fund their proposal. Mr. Ostrowski was kept fully informed regarding the status of the Fairfield Library and the Request For Proposal Process. On September 4, 2007, the Office of Strategic Planning publicly advertised a Request For Proposals for the Fairfield Library and ten (10) other city -owned buildings. The final date for submission of proposals was November 22, 2007. The Office of Strategic Planning received a total of eighteen proposals for nine of the properties. One proposal was submitted for the former Fairfield Library. The proposals are currently being reviewed. Although Free New York was notified about the Request For Proposals, Free New York did not submit a proposal for the Library. In the coming weeks The Office of Strategic will be filing with the Common Council the results of the proposals received along with our recommendations. RECEIVED AND FILED NO. 13 RENEW LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND THE BUFFALO AND ERIE COUNTY PUBLIC LIBRARY FOR USE OF VARIOUS CITY OWNED BUILDINGS DELAWARE, LOVEJOY, MASTEN, NIAGARA, NORTH AND SOUTH DISTRICT ITEM NO 118, CCP 5/15/02 Pursuant to Item No. 118, C.C.P. 5/14/02, Your Honorable Body authorized a five (5) year lease agreement between the City of Buffalo and the Buffalo and Erie County Public Library for use of various city owned buildings in the City of Buffalo (see attached Schedule "A "). This lease was for the period of January 1, 2002 through December 31, 2007. The Office of Strategic Planning, Division of Real Estate, has received a request from Michael Mahaney, Director of the Buffalo & Erie County Public Library requesting to renew and extend their lease term for a fifteen (15) or twenty (20) year period (commencing January 1, 2008). They are requesting to extend their lease for a longer length of time, as that would aid their ability to conduct independent fundraising and solicit grants for the benefit of these branches. Their request to renew this lease was forwarded to the Law Department, Dept. of Public Works, Parks and Streets, Community Services and Audit and Control and there were no objections. All other terms and conditions of said lease agreement shall remain the same including but not limited to the following: 1. No rental shall be charged by the City for the use of said premises but said premises shall be maintained during the term of the lease at the sole cost and expense of the Public Library as defined in their current lease (except the City shall be responsible for any capital improvements to the buildings leased, which is also defined in their current lease). 2. All sums for sewer rent and water charges, electricity, as and other utilities shall be paid by the Public Library, and in cases where only part of an entire building is used or occupied for branch library purposes, the cost of said utilities and facilities shall be apportioned based upon square footage between the use of the library purposes and other purpose. 3. The Public Library agrees that it will defend, indemnify and save harmless the City from any claims, losses, lawsuits for injury to persons or property in connection with the operation of said branch libraries during the term of the lease. Attached hereto is Schedule "B" which is the indemnification arrangement the Public Library has with the County of Erie. The certificate of insurance shall be subject to the approval of the Corporation Counsel for the City of Buffalo. Multiple Page Communication to the Common Council 4. The Public Library further agrees that it will clean or cause to be cleaned any and all sidewalks in front of or adjacent to those premises which are used wholly for library purposes and be responsible to the City for any loss or damage to which it may be put by reason of any default therein. This office recommends that Your Honorable Body renew their lease agreement for a fifteen (15) year period commencing on January 1, 2008 through December 31, 2022. 1 am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE. NO. 14 RENEW LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND THE NORTHWEST BUFFALO COMMUNITY CENTER, INC. MUNCHKINLAND DAY CARE CENTER FOR USE OF 902 -904 TONAWANDA STREET (NORTH) ITEM NO. 36, NOVEMBER 3, 2004 The Office of Strategic Planning, Division of Real Estate, has received a request from Lawrence Pernick, Executive Director of the Northwest Buffalo Community Center to renew their lease agreement for an additional three -year period. This lease shall commence retroactively on October 1,2007 and terminate on September 30, 2010 all other terms and conditions of the expired lease shall remain the same. Their lease terms included but are not limited to the following: 1. Annual rental fee One Dollar. 2. Lessee agrees to assume and pay all maintenance costs, including costs of heating, lighting, water and sewer rental charges against the leased premises and pay promptly as same shall become due. 3. Lessee will be responsible for the cost of the garbage user fee for the Decl 1, 2007 12/11/2007 premises, if it is required. 4. Lessee will hold the City harmless of and from any and all liability of whatever name and nature in amounts deemed necessary by the City Law Department. This office recommends that Your Honorable Body renew their present lease agreement for an additional three -year period commencing retroactively on October 1, 2007 and terminating on September 30, 2010. 1 am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning dated December 4, 2007, be received and filed; and That the Director of Real Estate be, and he hereby is authorized to renew the lease between the City and Northwest Buffalo Community Center, for use of 902 -904 Tonawanda Street for an additional three (3) year term commencing retroactively on October 1, 2007 and expiring September 30, 2010. That the Corporation Counsel be authorized to prepare the necessary lease and that the Mayor be authorized to execute the same. PASSED AYES 9 NOES 0 NO. 15 RESULTS OF NEGOTIATIONS 237 MASTEN, 72' N EATON VACANT LOT: 36'X 134' ASSESSED VALUATION: $1,200 (ELLICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 237 Masten Avenue from Mr. William C. Ervin and Mrs. Jane Ervin, 243 Masten Avenue, Buffalo New York 14209. They own 243 Masten Avenue, which is adjacent to 237 Masten Avenue. They intend to use the vacant lot for additional green space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Twenty -Five Cents ($.25) to Forty Cents ($.40), per square foot. The results of our negotiations are that Mr. and Mrs. Ervin have agreed and are prepared to pay One Thousand Eight Hundred Dollars ($1,800), Thirty -Eight Cents ($.38) per square foot for the subject property. Mr. and Mrs. Ervin have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 237 Masten Avenue in the amount of One Thousand Eight Hundred Dollars ($1,800). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 16 RESULTS OF NEGOTIATIONS 254 HERKIMER, 124.50' S LAFAYETTE VACANT LOT: 26'X 143' ASSESSED VALUATION: $3,000 (NIAGARA DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 254 Herkimer Street from Ms. Rosanne Yager, 247 Barton Street, Buffalo, New York 14213. Ms. Yager owns and resides at 247 Barton Street, which is adjacent to 254 Herkimer Street. She intends to use the vacant lot for additional green space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Seventy Cents ($70) to One Dollar and Twenty -Five Cents ($1.25), per square foot. The results of our negotiations are that Ms. Yager has agreed and is prepared to pay Three Thousand Dollars ($3,000), One Dollar ($1.00) per square foot for the subject property. Ms. Yager has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 254 Herkimer Street to Ms. Yager in the amount of Three Thousand Dollars ($3,000). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated December 5, 2007, be received and filed; and That the offer from Ms. Rosanne Yager, residing at 247 Barton Street, in the sum of three thousand dollars ($3,000.00) for the purchase of 254 Herkimer Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES -0 NO. 17 CERTIFICATE OF APPOINTMENT Appointment Effective: November 13, 2007 in the Department of Strategic Planning Division of Planning to the Position of Senior Planning Provisional Appointment Intermediate Starting Salary of $40, 881 Michele Brozek, 460 Richmond, Buffalo, NY 14222 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMPTROLLER NO. 18 Decl 1, 2007 12/11/2007 CERTIFICATE OF NECESSITY INCREASED APPROPRIATION AIM GIA & STRATEGIC PLANNING We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -11 of the Charter, that an increase in the sum of $800,000 in the estimate for the fiscal year beginning July 1, 2007 is necessary in GIA & Strategic Planning to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from increased revenue in the account titled NYS Aid Incentive to Municipalities, not otherwise appropriated for any other purpose. The details of the requirements are set forth below: That, the Comptroller be and hereby is authorized and directed to increase the revenue estimate for account: From: 10700010 - 335009 NYS Aid Incentive to Municipalities (AIM) $800,000 To; To meet the increased appropriation as set forth below: 17111006 - 435102 GIA Public Health $300,000 10309006 - 480000 Strategic Planning - Other Services $500,000 Dated: Buffalo, NY, November 8, 2007 RECEIVED AND FILED NO. 19 CERTIFICATE OF NECESSITY INCREASED APPROPRIATION AIM STRATEGIC PLANNING We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -11 of the Charter, that an increase in the sum of $4,638,250 in the estimate for the fiscal year beginning July 1, 2007 is necessary in Strategic Planning to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from increased revenue in the account titled NYS Aid Incentive to Municipalities, not otherwise appropriated for any other purpose. The details of the requirements are set forth below: That, the Comptroller be and hereby is authorized and directed to increase the revenue estimate for account: From; 10700010 - 335009 NYS Aid incentive to Municipalities (AIM) $4,638,250 To: To meet the increased appropriation as set forth below: 10309007 - 471000 Land $4,638,250 Dated: Buffalo, NY, November 21, 2007 REFERRED TO THE COMMITTEE ON FINANCE. NO. 20 CERTIFICATE OF NECESSITY INCREASED APPROPRIATION AIM POLICE & FRINGE BENEFITS We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -11 of the Charter, that an increase in the sum of $1,178,231.43 in the estimates for the fiscal year beginning July 1, 2007 is necessary in Appropriation Allotments - Police Salary & Fringe Benefit accounts, to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from the account titled NYS Aid Incentive to Municipalities, not otherwise appropriated for any other purpose. The details of the requirements are set forth below: 10700010 - 335009 NYS Aid Incentive to Municipalities (AIM) Dated: Buffalo, NY, December 5 RECEIVED AND FILED NO. 21 2008 CAPITAL BUDGET AND 5 -YEAR PLAN I have reviewed the Mayor's recommended 2008 Capital Budget and Five Year Capital Improvement Plan. Although it is in keeping with my capital borrowing limit of $32.085 million, I have some notable observations regarding the submitted budget. It has been determined that the Mayor's recommended budget of $31.022 million is the city's proposed bond sale figure. The administration should present a capital budget and five -year plan that contains substantially more detail than presented and should include anticipated state and federal reimbursements along with all other funding sources. Please note the budget corrections and specific concerns that I present here, as the Common Council deliberates the Mayor's 2008 Capital Budget Recommendations and Five Year Capital Plan. 2008 Capital Budget Citywide Environmental Remediation $1,605,000 We should note that on the advice of bond counsel, all environmental remediation projects must have a specific location in order to qualify as a bondable expense. Without the specific locations, these projects cannot be included in the bond sales. Streets Vehicles $850,000 All vehicles listed, with the exception of pick -up trucks, have Period of Probable Usefulness (PPU) of 15 years. The inclusion of pick -up trucks within this bond appropriation drops the PPU to 5 years. Therefore, the pick -up trucks should be separated for improved borrowing. At the Common Council's Capital Budget hearing, Timothy E. Wanamaker, Executive Director OSP, acknowledged the elimination of pick -up trucks from the original request. Therefore, the project amount shall be reduced to $770,000. This permits $80,000 to be redistributed within an eligible existing or proposed project. Office of Strategic Planning - Infrastructure $1,070,000 Construction of roads, sidewalks, curbs and sidewalks, etc is under the exclusive purview of the Department of Public Works (Section 15 -8 (e) of the City Charter). Appropriately, if this project is deemed a necessity, then the project must be amended to be included within Public Works. At the Common Council's Capital Budget hearing, it was agreed upon by Timothy E. Wanamaker Executive Director OSP, that the project would appropriately be assigned within Public Works. Decl 1, 2007 12/11/2007 Five Year Plan Comparison from Last Year The following charts show the differences between the 2007 -2011 Five Year Plan and the 2008 -2012 Five Year Plan. There are inconsistencies between the two five -year plans. What happened to the projects included in the 2007 capital budget that are not included in the 2008 capital budget? The inconsistencies raise concerns about planning. The five -year capital plan resembles more of an annual plan and is not in line with the City Charter, Section 19 -2. The five year plan should include those projects that have already gone through a comprehensive planning process and are prepared for issuance. REFERRED TO THE COMMITTEE ON BUDGET NO. 22 INTERFUND CASH LOAN Certain Federal and State aided programs require a cash advance until the program is operating and reimbursement is received. I have reviewed the program listed below and determined the cash needs to be warranted. I have approved an interfund cash loan to be made in the maximum amount of $2,000,000 as needed subject to your approval. Loan is payable at date of reimbursement. FROM: 1000 - General Fund TO: 3167 - Restore NY Communities GRANT TITLE: Restore NY Communities 2006 -2007 GRANT AGENCY: New York State Urban Development Corp. D /B /A Empire State Development Corp. GRANT AMOUNT: $3,000,000 LOAN AMOUNT: $2,000,000 As needed Estimated Date of Repayment: June 30, 2009 Mr. Bonifacio moved: That the above communication from the Comptroller dated December 3, 2007, be received and filed; and That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund to 3167 - Restore NY Communities 2006 -2007 in the amount of $2,000,000 as needed. The loan is payable at date of reimbursement. PASSED AYES - 9 NOES -0 NO. 23 INTERNAL CONTROLS FOR SPENDING MONIES ALLOCATED WITHIN THE CITY BUDGET ITEM NO. 137, C.C.P., 5/1/07 The matter of department heads overspending the sums allotted in their respective budgets is not a failure of internal controls and cannot be reasonably cured through more policies and procedures. The financial system controls in place do not allow departments to encumber funds in excess of their budget. Given that each department or division head can arrange for the purchase of goods and services outside the requisition and encumbrance process, that power renders any system virtually useless. As recognized by the resolution, the City Charter already mandates that department heads stay within their respective budget, while also warning of the personal liabilities that can be applied to officials' irresponsible spending practices. Collectively, as a City government, we must urge responsible fiscal practices, and if necessary, pursue aggressive enforcement when egregious overspending occurs. If you have any other specific concerns, please feel free to contact this office. REFERRED TO THE COMMITTEE ON BUDGET FROM THE PRESIDENT OF THE COUNCIL NO. 24 LOCAL LAW INTRODUCTORY NO. 9 1 hereby request that you provide and file with the Common Council, in time for the December 1 1, 2007 regular Common Council meeting, your opinion on whether or not Local Law Introductory No. 9 by Council Member Bonifacio, amending the Charter of Buffalo in relation to the powers of the Common Council, requires a Mandatory Referendum. New York Municipal Home Rule Law §23 -2 (t') appears to refer to the necessity of Mandatory Referendum as it applies to Local Law Introductory No. 9. In your response, please include applicable case law, if any, as it pertains to my question when filing your official opinion on this matter. If you have any questions concerning this request, please do not hesitate to contact me. Thank you. Sincerely, David A. Franczyk Council President LAID ON THE TABLE FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 25 INTERNAL CONTROLS FOR SPENDING MONIES ALLOCATED WITHIN THE CITY BUDGET (ITEM NO. 137, C.C.P. 05/1/07) The above noted Common Council Proceeding was received in the Department of Assessment and Taxation. This item was read and reviewed along with Sections 20 -10, 11, 12, 13, 14 and 15 of the City Charter. By this communication I acknowledge receipt of this item; that I have read and understand it and the referenced Charter sections and will comply with and abide by all provisions governing the budget process as they may apply to the Department of Assessment and Taxation. RECEIVED AND FILED FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 26 NOTIFICATION SERIAL 10178 REPEAL NO LEFT TURN ON NIAGARA FALLS BOULEVARD SOUTHBOUND AT MAIN STRET AT MAIN STREET (UNIVERSITY Decl 1, 2007 12/11/2007 REGULATION OF TURNS - 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 &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 Section 37 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: REGULATION OF TURNS STREET AT INTERSECTION HOURS DIRECTION PROHIBITION Niagara Falls Main Street 24 hours southbound No Left Turn Boulevard This action is being taken due to the reconfiguration of this intersection, as part of the Main Street Reconstruction Project. This included signal phase changes to allow for left hand turns off of Niagara Falls Boulevard onto eastbound Main Street. NOTIFICATION SERIAL # 10179 REPEAL NO PARKING ON COE PLACE, SOUTH SIDE BETWEEN MAIN STREET AND WEST PROPERTY LINE OF #17 COE PLACE ( ELLICOTT DISTRICT) 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 Coe Place, south side At all times between Main Street and west property line of #17 Coe Place This action is being taken because of the need for more on- street parking, and will not adversely affect traffic safety. NOTIFICATION SERIAL # 10180 REPEAL NO PARKING ON COE PLACE, SOUTH SIDE BETWEEN EILICOTT STREET AND THE EAST PROPERTY LINE OF #39 COE PLACE ( ELLICOTT DISTRICT) 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 Coe Place, south side At all Times between Ellicott Street and the east property line of #39 Coe Place This action is being taken because of the need for more on- street parking, and will not adversely affect traffic safety. Mr. Bonifacio moved: That the above communication from the Acting City Engineer dated October 2, 2007, be received and filed; and That pursuant to Section 49 of Chapter 479 of the Code of the City of Buffalo, the changes to the traffic ordinances (Chapter 479 of the City Code) are hereby approved as pertaining to Notification Nos. 10178 -10180 as more fully described in the above communication. PASSED AYES - 9 NOES -0 NO. 27 CAREY STREET; CREATE PUBLIC USE SPACE (ELLICOTT DISTRICT) CCP# 44, 11/27/07 The Department of Public Works, Parks and Streets has no objection to studying the feasibility of creating a public use space on Carey Street between Elmwood and Delaware Avenue. However, it should be noted that Benderson Development obtained permission to utilize the same street for exclusive parking Hampton Inn for hotel guests (C.C.P. #31 of 4/30/02). This approval would have to be resinded. Also, contractors renovating the Dulski Federal Building will need to close this street for several months in the spring of 2008 in order to place a crane there enabling them to remove several hundred concrete panels. This should also be taken into consideration. REFERRED TO THE COMMITTEE ON FINANCE NO. 28 CONVEYANCE OF MEMORIAL AUDITORIUM TO ERIE CANAL HARBOR [: DEVELOPMENT CORPORATION I request your Honorable Body to authorize the Mayor to execute the accompanying contract conveying the Buffalo War Memorial Auditorium to the Erie Canal Harbor Development Corporation. The purpose of the transfer is to permit the ECHDC to demolish the Auditorium and make land available for development of the Canalside mixed retail commercial district planned for this site. The auditorium has been vacant for more than eleven years. Under the terms of financing agreements for the HSBC Arena, the City agreed not use the Auditorium for any purpose in competition with the new arena. During the subsequent years, no feasible re -use has been found for the building. Decl 1, 2007 12/11/2007 The Agreement with ECHDC requires that ECHDC remove all hazardous material from the structure, abate all asbestos, and demolish the building, as well as to redevelop the site as mixed retail, commercial, residential and public access purposes in accordance with Canalside plan, and consistent with the adjoining Cobblestone District. The ECHDC will also cause public space to be set aside to include an appropriate monument to be erected on the site, subject to approval of the Buffalo Arts Commission. This Agreement includes easement provisions for Buffalo Sewer Authority utility lines and Buffalo Water Authority utility lines that cross the property. An independent appraisal of the building and site demonstrates that the building in its present state has a negative market value of more than $4,000,000 owing to the extraordinary costs of hazardous waste and asbestos abatement associated with any use of the building or site. For this reason the property will be conveyed for one dollar. The City retains a reversionary interest in the property that can be exercised by the City should the Corporation fail to develop the property. The City will pay the Corporation the net costs of abatement and demolition in the exercise of its reversionary right. The proposed demolition and redevelopment of this site is a major step forward in the revitalization of the City's waterfront as a commercial and tourist destination, and will serve to reinvigorate this signature area in downtown Buffalo. REFERRED TO THE COMMITTEE ON FINANCE NO. 29 PUBLIC ACCESS POLICY HANDBOOK Your Honorable Body requested a copy of the policy and procedures for the Public Access Channel. It is available on the City's website, www.city- buffalo.com. When you get on the City's main page click on "Our City," and then click on "Public Access TV Manual" in the left -hand column. RECEIVED AND FILED NO. 30 REPOT OF BIDS CITY COURT INTERIOR RENOVATIONS 2007 JOB NO 0704 ELLICOTT I advertised for on August 14, 2007 and received the following formal sealed bids for City Court, Interior Renovations 2007, which were publicly opened and read on September 5, 2007. General Construction R. B. Mac Construction Co., Inc. $246,000.00 P 0 Box 424, Lockport, NY Miller Enterprises $294,000.00 12 Newfield, Buffalo, NY Progressive Roofing $384,400.00 331 Grote, Buffalo, NY Electrical Work CIR Electrical Construction Corp. $73,750.00 2750 Kenmore, Tonawanda, NY O'Connell Electric $76,800.00 830 Phillips, Victor, NY Tunney Electric, Inc. $82,200.00 8565 Roll Rd, Clarence Ctr, NY Frey Electric Construction $91,000.00 100 Pearce, Tonawanda, NY HVAC / Plumbinq Work L & D Johnson Plumbing & Heating $66,906.00 1478 E Delavan, Buffalo, NY W. C. Roberson Plumbing $68,000.00 602 E Delavan, Buffalo, NY J. R. Swanson Plumbing $69,690.00 413103 rd Niagara Falls, NY John W. Danforth Co. $79,493.00 300 Colvin Woods, Tonawanda, NY I Hereby certify that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidder in accordance with the plans and specifications: General Construction: R. B. Mac Construction - $246,000.00 Electrical Work: CIR Electrical Construction Corp. - $73,750.00 HVAC /Plumbing Work: L & D Johnson Plumbing & Heating - $66,906.00 The total bid is Three Hundred Eighty Six Thousand Six Hundred Fifty Six and 00/100 Dollars ($386,656.00). 1 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 35320806 445100, Buildings. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated December 5, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contracts, to the lowest responsible bidders, for City Court, Interior Renovations 2007, Job #0704 for General Construction to R. B. Mac Construction in the amount of $246,000.00, for Electrical Work to CIR Electrical Construction Corp. in the amount of $73,750.00, and for HVAC Plumbing Work to L & D Plumbing & Heating, in the amount of $66,906.00. Funds for the project are available in 35320806 445100, Buildings. PASSED AYES - 9 NOES -0 NO. 31 REPORT OF BIDS LOVEJOY POOL ROOF RECONSTRUCTION JOB #0745 Decl 1, 2007 12/11/2007 LOVEJOY DISTRICT I advertised for on October 18, 2007 and received the following formal sealed bids for the Lovejoy Pool, Roof Reconstruction, which were publicly opened and read on November 7, 2007. Progressive Roofing $160,700.00 331 Grote, Buffalo, NY Jos A. Sanders & Sons $211,298.00 PO Box 814, Buffalo, NY Jameson Roofing $212,000.00 3761 East Lake, Dunkirk, NY Grove Roofing $223,380.00 131 Reading, Buffalo, NY Weaver Metal & Roofing $243,000.00 40 Appenheimer, Buffalo, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Progressive Roofing, with a bid of One Hundred Sixty Thousand Seven Hundred and 00/100 Dollars ($160,700.00), is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funds for this project are available in 30320606 445100, Buildings. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated November 8, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Lovejoy Pool Roof Reconstruction, Job #0745, to Progressive Roofing, the lowest responsible bidder, in the amount of $160,700.00. Funds for the project are available in 30320606 445100, Buildings. PASSED AYES - 9 NOES -0 NO. 32 REPORT OF BIDS [: REPAIR OF STREETLIGHT FOUNDATIONS [: AND KNOCKDOWNS CITYWIDE V1 \ [: GROUP #680 This is to advise Your Honorable Body that I have advertised and received bids on December 5, 2007 The following bids were received: Contractor Base Bid Total Bid Price Concrete Applied Technologies Corp. $221,300.00 $232,365.00 DBA:CATCO 1266 Townline Road Alden, NY 14004 O'Connell Electric Co. Inc. $241,585.00 $253,664.25 830 Phillips Road Victor, NY 14564 South Buffalo Electric, Inc $242,020.00 $254,12 1.00 1250 Broadway Street Buffalo, NY 14212 Spoth Enterprises, Inc. $361,325.00" $379,391.25 8746 Lakeshore Road Angola, NY 14006 'Corrected bid amount I hereby certify that the lowest responsible bidder for the above project is Concrete Applied Technologies Corp. dba: CATCO and I respectfully recommend that Your Honorable Body authorize a contract award to Concrete Applied Technologies Corp. dba: CATCO in the amount of $232,365.00. (Base Bid of $221,300.00 + [5% unit price increases] $11,065.00 equals [Total Award] $232,365.00.) Funds for this project are available in our Capital Account #30032106 - 445100 and /ur 30310306 - 445100. The engineer's estimate for this work is $250,000.00. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated December 6, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Repair of Streetlight Foundations and Knockdowns Citywide VI, Group #680, to Concrete Applied Technologies Corp. d /b /a CATCO,. the lowest responsible bidder, in the amount of $232,365.00 (Base Bid of. $221,300.00 + [5% unit price increases] $11,065.00 equals [Total Award] $232,365.00). Funds for the project are available in Capital Account #30032106 - 445100 and /or 30310306 - 445100. PASSED AYES - 9 NOES -0 NO. 33 NATIONAL GRID REQUEST TO ALLOW AERIAL CROSSING OF UNION SHIP CANAL AND FUHRMAN BOULEVARD National Grid has requested permission to install overhead electric lines over the Union Ship Canal down to St. Lawrence Cement. Fuhrman Boulevard was designated by Your Honorable Body to be on the removal of overhead line list. Therefore, your permission would be required before the Department of Public Works, Parks and Streets could issue permits. Attached for your consideration is an explanation from National Grid on why they believe a waiver is justified. We have reviewed the documentation and believe, for technical reasons, that a waiver is justified for crossing the Union Ship Canal. We have no comment on allowing the waiver for the section from the Canal to St. Lawrence Cement. A representative from National Grid has requested an opportunity to address Your Honorable Body and answer any questions you may have about their proposal. Mr. Bonifacio moved Decl 1, 2007 12/11/2007 That National Grid is hereby authorized to install overhead electric lines over to Union Ship Canal down to St. Lawrence Cement as detailed in the attached letter to Department of Public Works from National Fuel PASSED AYES - 9 NOES -0 FROM THE COMMISSIONER OF POLICE NO. 34 APPROVAL TO TRADE 820 EXISTING 9MM GLOCK 17,19 & 26 PISTOLS FOR NEW 40 CALIBER GLOCK 22, 23 & 27 PISTOLS Law enforcement agencies in this area as well as nation wide have changed over to slower caliber weapons due mainly to the advantages in handling deadly force situations with decreased liability factors. This is due to the fact that these calibers have less energy output, coupled with the larger dimension, which in turn decreases the chances of over penetration. Slower caliber weapons also bring us closer to the desired "one shot stop" factor. The less number of shots needed to save a life, the less chances we'll have of contending with stray rounds. Our current weapons still have some value but it is decreasing with time. Seven years ago when an upgrade was considered, the manufacturer offered an even trade. Today they are offering a credit of $290.00 for the existing 9MM Glocks, with a charge of $357 for each new weapon, resulting in a net cost of only $67 each (lowest of three bids obtained - copy of each attached). Why the difference? Our weapons are "first generation" Glocks. Since we've acquired these weapons (17 years ago) the manufacturer has made advances and modifications to these models, rendering our weapons tactically obsolete. As the market value decreases, the less credit we'll be able to get. In addition to the financial ramifications of total depreciation of the current weapons, this upgrade will also allow the Buffalo Police Department to keep up with technological advances in weapons and ammunition and continue the pursuit of highest possible degree of public safety as well as that of the officers. Therefore, in considering the above factors, the Buffalo Police Department hereby request to use $54,940 of Drug Asset Forfeiture funds to initiate and execute the trade as indicated. It is estimated that the complete transition for the entire department will take up to one full year to complete. In addition, if approved, all new cadets to the department will be trained utilizing the new weapon. If you have any questions or concerns, please contact Inspector Joseph Strano at 851 -4879. Thank you in advance for your cooperation and expediency in addressing this matter. Mr. Bonifacio moved: That the communication from the Commissioner of Police dated December 6, 2007, be received and filed; and That the Commissioner of Police be, and he hereby is authorized to use $54,940 of Drug Forfeiture funds to initiate and execute the trade as more fully described in the above communication: PASSED. AYES — 9 NOES — 0 NO. 35 MEMORANDUM OF AGREEMENT FOR LAW ENFORCEMENT SERVICES AT THE BUFFALO CREEK CASINO WITH THE SENECA NATION OF INDIANS Attached please find a proposed Memorandum of Agreement between the City of Buffalo and the Seneca Nation of Indians for the provision of law enforcement services at the Seneca Buffalo Creek Casino. The Memorandum of Agreement provides for the assignment of one Buffalo Police Detective to the Casino per ten hour shift, said shifts covering the hours of 8 a.m. to 4 a.m., 365 days a year. The Investigative Services Captain to whom the Detective will report shall be available by telephone at all times and the necessary supervisory, clerical or administrative personnel of the Buffalo Police Department shall be available as reasonably necessary at Buffalo Police Headquarters to assist the Detective in the performance of his or her duties. A Buffalo Police Patrol Car shall also be provided at times of armored car pickups under this agreement. In exchange for these services, the Seneca Nation of Indians will reimburse the City for all actual, documented costs directly incurred in the performance of these services including the labor costs incurred for the provision of the Detective, together with an administrative fee equal to two percent of the total amount billed for the above - listed law enforcement services. This service contract was obtained through a competitive bid process in competition with the Erie County Sheriffs Department and New York State Troopers. It is important for the Buffalo Police Department to have presence at this location. The Buffalo Creek Casino is paying for all costs related to our service. A casino detail comprised of detective positions will be dedicated to this service. No manpower from other districts will be used. The Buffalo Police Department requests that this Honorable Body approve the attached Memorandum of Agreement to insure that the Buffalo Police Department has a presence at the Buffalo Creek Casino and to insure the even - handed enforcement of all laws, rules and regulations for which the City otherwise has jurisdiction. REFERRED TO THE COMMITTEE ON FINANCE CORRORATION COUNSEL NO. 36 MEMORANDUM OF AGREEMENT FOR LAW ENFORCEMENT ESCORT SERVICES WITH BURKHAITER RIGGING Attached please find a proposed Memorandum of Agreement between the City of Buffalo and Burkhalter Rigging for the provision of law enforcement escort services to oversize roadway transportation vehicles. Decl 1, 2007 12/11/2007 The Memorandum of Agreement provides for regular transportation escort services to be performed by the Buffalo Police Department for oversize roadway transportation vehicles supplied by Maltais Transport, a specialized carrier retained by Burkhalter Rigging. The assignment and staffing of patrol vehicles and officers to the escort services detail, under the Agreement has been determined by the Buffalo Police Department. The escort services provided resulted in a $28,500.00 overtime expense to the City, which has been fully reimbursed by Burkhalter Rigging. The Buffalo Police Department requests that this Honorable Body approve the attached Memorandum of Agreement, which allowed the Department to utilize its expertise to provide these crucial escort services and to insure the safe transport of oversize roadway transportation vehicles through the City of Buffalo. Mr. Bonifacio moved: That the above communication from the Commissioner of Police dated December 6, 2007, be received and filed; and That the Memorandum of Agreement between the City of Buffalo and Burkhalter Rigging for Law Enforcement Escort Services, be and hereby is approved and ratified. PASSED AYES — 9 NOES — 0 NO. 37 AGREEMENT BETWEEN THE NEW YORK DIVISION OF CRIMINAL JUSTICE SERVICES AND THE CITY OF BUFFALO FOR THE DEVELOPMENT AND OPERATION OF A REGIONAL CRIME ANALYSIS CENTER Attached please find a proposed Agreement between the City of Buffalo, the Cheektowaga Police Department, the Erie County Sheriff, the Erie County Probation Department and Erie County District Attorney and the State of New York Division of Criminal Justice Services for the development and operation of a Regional Crime Analysis Center for Erie County. The Agreement provides for the development of a comprehensive picture of crime incidents through in -depth crime analysis, pattern identification, incident mapping and emerging crime trend recognition through the construction and use of Regional Crime Analysis Center at Buffalo Police Headquarters. Under the Agreement, the State of New York Division of Criminal Justice Services will provide the necessary office furnishings and technology, including data systems, software and hardware for three years, while the City will provide the necessary space, utilities and cleaning services for the facility for three years, the costs of which will be reimbursed by the Division up to $45,000. The Buffalo Police Department will also provide two full time crime analysts to the Center, who will work with crime analysts provided by the Cheektowaga Police Department, the Erie County Sheriff and the Erie County District Attorney. The Buffalo Police Department requests that this Honorable Body approve the attached Agreement to allow the Department to participate in a program that will enhance its ability to utilize the most advanced technology in crime analysis and crime trend recognition to make it more effective in achieving its public safety objectives. Mr. Bonifacio moved: That the above communication from the Commissioner of Police dated December 7, 2007, be received and filed; and That the Agreement between the New York Division of Criminal Justice Services and the City of Buffalo for the development and operation of a Regional Crime Analysis Center, be and hereby is approved and ratified. PASSED AYES — 9 NOES 0 FROM THE CORPORATION COUNSEL NO. 38 INFO REGARDING RFP 181 ELLICOTT STREET ITEM NO. 42, C.C.P. 10/30/07 ITEM NO. 48, C.C.P. 10/30/07 The Taxicab and Livery Subcommittee requested information from the Corporation Counsel regarding several areas of concern pertaining to the Ellicott Street Bus Terminal. Please accept the following information as responsive to those areas of concern: 1. The land the Bus Terminal and the turnaround loop sit on are entirely owned by the Niagara Frontier Transportation Authority (NFTA) and the property is privately held by the authority for its statutorily authorized purposes, which are found in NY Public Authorities Law, Art. 5, Title 11 ra. 2. The NFTA can legally accept bids and restrict fares on its private property, which it holds in a proprietary capacity (See Ricotta v. Cit— ofBuffalo, 3 Misc. 2d 625, 140 N.Y.S.2d 829 (Sup. Ct., Erie County (1954)). The loop has not been declared a public right of way and, therefore, the NFTA can legally accept bids and restrict fares on the property. The NFTA maintains exclusive control over the area and is responsible for its maintenance, care and control pursuant to NYS Public Authorities Law § 1299 -b. 3. §437 -19 of the City Code currently designates the following spaces for taxicabs to pick up fares on Ellicott Street: 5 spaces on the East Side of Ellicott Street between points 90 feet north and 190 feet north of North Division Street mad 2 spaces on the West side of Ellicott Street between points 45 feet north and 120 feet north of Swan Street. Creation of these spaces in the Code presumes their location within the City right of way. REFERRED TO THE COMMITTEE ON LEGISLATION THE DEPARTMENT OF ECONOMIC DEVELOPMENT PERMIT & INSPECTIONS NO. 39 LOCAL LAW INTRO. NO. 9: AMENDING THE CHARTER RELATING TO THE C.C. ITEM NO. 83, C.C.P. 11/27/07 Your Honorable Body has requested an opinion from the Corporation Counsel regarding whether or not Local Law Introductory No. 9 is subject to mandatory referendum under NYS Municipal Home Rule Law §23 -2(f). The specific question is whether or not the proposed Local Law requires referendum because it "transfers, curtails or abolishes" the powers of the elective officers of the Common Council under Municipal Home Rule Law §2312][f]. NYS General Municipal Law §2312] (f) provides in pertinent part, "Except as otherwise provided by or under authority of a state statute, a local law shall be subject to mandatory referendum if it ... [a]bolishes, transfers or curtails any power of an elective officer." The New York State Attorney General's Office has rendered many opinions on the subject of curtailment of powers and the necessity for referenda on local laws. These opinions have often differed and at times, have created conflicting precedent. The relevant authority of March 10, 1983 states, "[t]he very requirement for an extraordinary majority is designed to make action more difficult, which increases Decl 1, 2007 12/11/2007 the power of each member- For example in a seven - member body, two members have a veto power if three - fourth's vote is required whereas it takes three members to veto an action requiring two - third's vote." (1983 N.Y. Op, Atty. Gen. (Inf.) !039). The opinion indicates that the supermajority requirement contemplated by Local Law Introductory No. 9 enlarges each Council member's vote and therefore no referendum is required. However, in a very recent opinion, the Attorney General's Office found that "[a] local law that requires more than the simple majority that would otherwise suffice to adopt a resolution would, in our opinion, curtail the voting power of the members of the County Legislature who are elective officers. Such a local law would have the effect of reducing the proportional impact of each legislator's vote." (2007 N.Y. Op. Atty. Gen. (Inf.) No. 5) In an effort to resolve this conflict, I have been in communication with the Opinions and Appeal Bureau in Albany and will request an opinion of the New York State Attorney General in the event this resolution is passed by the Common Council LAID ON THE TABLE No. 40 OPERATION AND MANAGEMENT AGREEMENT This AGREEMENT made as of the -- day of , 2007, by and between the CITY OF BUFFALO, a domestic municipal corporation with its principal office and place of business at City Hall, 65 Niagara Square, Buffalo, New York ( "CITY "), as Owner, and BUFFALO CIVIC AUTO RAMPS, INC., a New York not - for - profit corporation with offices at 221 Pearl Street, Buffalo, New York 14202 ( "BCAR "), as Manager. RECITALS WHEREAS, the City owns several parking ramps and lots ( "The Parking Facilities ") in the downtown area of the City for the purpose of providing off - street public parking; and WHEREAS, in February 2005, the City of Buffalo Board of Parking ( "Board of Parking ") issued a Request for Proposals ( "RFP ") seeking submissions from all interested parties for management services for the Parking Facilities a copy of which is attached hereto and incorporated herein as Exhibit A; and WHEREAS, BCAR has submitted a proposal dated to the City Board of Parking to perform the aforesaid services, and the proposal has been found generally acceptable by the Board &Parking and the Common Council and is incorporated herein and made a part hereof as Exhibit B; and WHEREAS, on July 26, 2005, the Common Council authorized the Board of Parking to accept the proposal of Buffalo Civic Auto Ramps, Inc. to operate the downtown parking system subject to the completion of successful contract negotiations; and WHEREAS, after successful contract negotiations, the Common Council, pursuant to its passage of Item No. , dated has authorized the Board of Parking to employ the services of BCAR to perform the aforesaid services; and NOW, THEREFORE, the parties agree as follows: 1. TERM The term of this Agreement shall be effective on July 1, 2007, subject to the prior approval of this Agreement by the Board of Parking and the Common Council of the City, and continues for one (1) year thereafter terminating on June 30, 2008. This Agreement may be extended for two (2) additional terms of one (1) year each by written agreement extending the same and executed by both the City and BCAR subject to the approval of the Common Council. 2. SCOPE (a) BCAR shall furnish to the City and its Board of Parking all labor and services for the purpose of operating and managing the Parking Facilities according to the terms and conditions cited herein. AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON FINANCE NO. 41 B. DAVIS - J. STEWARD - DEMOLITION OF 23 EUREKA; ITEM NO. 81, C.C.P., 09/04/07 At the request of Councilmembers Kearns and Davis, the Corporation Counsel submits for your Honorable Body's approval a compromise of the claim of Jimmie Steward pertaining to the emergency demolition of 23 Eureka Street (Claim #34 -07: alleging improper demolition and improper notice). Under the terms of the proposed settlement, Mr. Steward would pay the City of Buffalo $6,150.00 (six thousand, one hundred and fifty dollars and zero cents) toward the demolition costs associated with the property, the remainder of which would be discharged, in exchange for a General Release, releasing the City from any and all claims against it whatsoever. The settlement would also be conditioned upon payment of any and all other outstanding obligations to the City of Buffalo. The settlement terms herein are presented to the Council for its approval. Mr. Bonifacio moved: That the above communication from the Department of Law, dated December 11, 2007, be received and filed; and That the Corporation Counsel be, and she hereby is authorized to compromise the claim of Jimmie Steward in the amount of $6,150.00 and that the remainder of the demolition bill for 23 Eureka be discharged upon the condition that any and all other outstanding liabilities and debts be paid to the City. PASSED AYES — 9 NOES — 0 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 42 500 BLOCK OF MAIN ST. - HIST. DIST. DESIGNATION #3 10/30/07 There is no objection from this office on the matter of designating a portion of the 500 block of Main St. as a local historic district. It seems designations of this kind prove to be beneficial to development over time. The Office of Strategic Planning and the Preservation Board will comment on historic issues relevant to their purview. Thank you for your attention to this matter. REFERRED TO THE COMMITTEE ON LEGISLATION. Decl 1, 2007 12/11/2007 NO. 43 #43 CCP 10/16/07 BUFFALO MARITIME MUSEUM /LAKE ERIE SCHOONER PROJ. You have forwarded a communication submitted by Council Member Bonifacio regarding a Buffalo Maritime Museum /Lake Erie Schooner Project. The project appears to entail the raising of a historic ship from Lake Erie and its display on the Buffalo Waterfront. Although the idea seems interesting, until more details are available, it is not possible to evaluate the proposal. Among the important questions, other then cost and financing, will be the proposed location. I suggest the sponsors contact the Erie Canal Harbor Development Corporation when they can provide their site requirements. This will allow for the coordination of this effort with ongoing planning for the waterfront REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 44 ENCROAHMENT PROVIDENCE ST. #919/4/07 We have asked the Office of Strategic Planning Real Estate Division to review and reply to this matter. Thank you for your attention to this matter. RECEIVED AND FILED NO. 45 #81 CCP 9/4/07 DEMOLITION (ELLICOTT) 23 EUREKA You have forwarded a communication from Mr. Jimmie Steward regarding the emergency demolition of 23 Eureka Street. Mr. Steward is apparently requesting that the City imposed 15% surcharge that is automatically added to all demolitions that the City conducts on private property be waived. The Department of Economic Development Permit and Inspection services offers private parties the opportunity to conduct a demolition on their own or to have the City conduct the demolition. In emergency situations it is often difficult to reach the property owner in a timely manner. After the October 2006 1 promulgated an Administrative Order 2007 -002 that I filed with the Council to direct all staff on the efforts that we must take to notify property owners in advance of an emergency demolition. The surcharge is to cover the cost imposed upon the City in doing the required asbestos survey, paying for the asbestos sampling, conducting the bidding process and following up with all billing and other related services. RECEIVED AND FILED NO. 46 FEMA'S REVISED FLOOD MAP Executive Director Wanamaker will reply to this item on behalf of adminstration. RECEIVED AND FILED NO. 47 FOOD STORE LICENSE 214 ELMWOOD (NIAGARA) pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 214 Elmwood (214 Elmwood Ave) and flied 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. Bonifacio moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated December 6, 2007, 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 Fawzi A1- Arashi located at 214 Elmwood Avenue. PASSED AYES — 9 NOES - 0 NO. 48 #49 CCP 10/16/07 Grant Ferry Association The above referenced communication that was filed by Councilmember Golembek has been referred to me for comment. The communication is a three page letter from Mr. Robert Franke of the Grant -Ferry Association in which he suggests certain changes in the Buffalo Economic Renaissance Corporation to support and develop "Main Street Organizations ". Since this item refers to BERC, I have requested that Executive Director Wanamaker reply on behalf of the Administration. RECEIVED AND FILE NO. 49 HELIPAD AT 100 HIGH ST. #76 10/2/07 This project is currently in the plan review office as part of the permit process and we await communication that Common Council approval and Planning Board approval have occured. Thank you for your attention to this matter RECEIVED AND FILED NO. 50 #102 CCP 10/2/07 RESOLUTION.BY COUNCIL MEMBER GOLOMBEK, JR PROMOTING SMALL BUSINESS Decl 1, 2007 12/11/2007 1 attended a meeting of the Finance Committee on Ocotber 23, 2007 when this item was discussed. At that session I made the following points: 1. I strongly support the work of the Small Business Development Center at Buffalo State College and its Executive Director Sue McCartney. 2. Small business is the backbone of the local and national economy and efforts to help small businesses strength our local economy.. 3. The acquisition of revenue from the New York State Power Authority will be very complex, time consuming and difficult. The acquisition of such funds would involve a change in state law and would certainly reopen the current compromises by which hydro power and the revenues derived from the sale of hydropower are allocated on a state wide basis. 4. 1 suggested that the benefits that will be derived from an expansion of the Small Business Development Center should be the focused of the effort and the controversial effort to obtain funds from the Power Authority should not be linked to the funding effort 5. 1 also suggested that funds might be easier to obtain from regular SUNY and economic development sources. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 51 S FALASA COMPLAINTE VACANT PROPERTY AT 132 PECK ST (FILL) #63 CCP 1012/07 In response to the above item, our Chief Building Inspector Gary Ziolkowski reports that in September 2007 this property owner was written up for housing court due to numerous violations RECEIVED AND FILED NO. 52 SECOND HAND DEALER 819 EAST FERRY (MASTEN) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 819 East Ferry and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Patrick O'Bryan. The attached thereto for Patrick O'Bryan d /b /a Fred's Small Engine. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 53 SECOND HAND DEALER 1929 SOUTH PARK (SOUTH) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 1929 South Park and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Lloyd Hogan. The attached thereto for Lloyd Hogan d /b /a The Good Door Store. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 54 Update Flood Insurance Maps RES# 46 CCP 10/30/07 Executive Director Wanamaker will reply to this item on behalf of administration RECEIVED AND FILED NO. 55 USED CAR DEALER 2832 BAILEY AVE. (UNIVERSITY) NO. 56 USED CAR DEALER 18 -20 TONAWANDA ST (NORTH) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 2832 Bailey Ave and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Pedro Ruiz. The attached thereto for Pedro Ruiz dba /LaFamilia Customs Inc. This request is submitted for your approval or whatever action you deem appropriate. Mr. Bonifacio moved: That the above communication from the Department of Economic Development Permit and Inspections Services dated December 4, 2007 be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspections Services be, and he hereby is authorized to grant a Used Car Dealer license to Madelin Pagan, d /b /a Pagan Auto Sales located at 18 -20 Tonawanda Street (North). PASSED. AYES — 9 NOES — 0 FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO 56 USED CAR DEALER 18 -20 TONAWANDA ST FILL Item available for review in The City Clerk's Office PASSED Decl 1, 2007 12/11/2007 AYES - 9 NOES -0 NO. 57 ENDORSEMENT OF THE CITY OF BUFFALO'S APPLICATION FOR THE SHARED MUNICIPAL SERVICES INCENTIVES GRANT The New York State Department of State will fund up to $200,000 per coordinating municipality for the SHARED MUNICIPAL SERVICES INCENTIVES grant. The application deadline is December 14, 2007. The Department of Administration, Finance, Policy and Urban Affairs requests your Honorable Body to approve the City of Buffalo's application, with the County of Erie a: of the Buffalo Sewer Authority (BSA), for $400,000 of funding toward an engineering study to model community -wide regional wet weather planning and to authorize all o' receive the grant. While the grant requires a 10% cash match, the BSA will be providing these matching funds, thus no matching funds are required from the City of Buffa modeling technology developed through this grant funding would form the basis for the BSA to pursue water quality initiatives in cooperation with municipalities throughoi estimates the study cost will range from $785,000 to $1,235,000, and is prepared to pay all costs above the grant amount. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution for your consideration. RECEIVED AND FILED NO. 58 RECYCLING TONER The Division of Purchase would like to request permission to seek proposal for the sale of its used /obsolete printer toner cartridges. Proposal would be solicited and awarded to the company that would give us the maximum profit by means of cash payment or trade in credit for future purchase. Currently used toner cartridges are disposed of in the trash. We feel it would benefit both the environment and the city by starting a recycling program for these unwanted cartridges. If permission is granted the purchase division would start the process. Mr. Bonifacio moved: That the communication from the Commissioner of Administration, Finance, Policy and Urban Affairs dated December 6, 2007, be received and filed; and That the Division of Purchase be granted permission to seek proposals for the sale of its used /obsolete printer toner cartridges. PASSED AYES - 9 NOES -0 FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING NO. 59 ACCEPTANCE OF FUNDS FROM THE MAYOR'S FUND TO ADVANCE BUFFALO The Department of Community Services, Division for Youth received sponsorships from businesses and individuals to subsidize the wages of youth employed in the Mayor's 2007 Summer Employment Program. These funds were deposited into the Mayor's Fund to Advance Buffalo because of its 501 c3 status. Please approve the acceptance of these funds. Mr. Bonifacio moved: That the above communication from the Commissioner of Services and Recreation Programming, dated November 26, 2007, be received and filed; and That the Commissioner of Services and Recreation Programming be, and she hereby is authorized to accept funds from the Mayor's Fund to Advance Buffalo that were received sponsorships from businesses and individuals to subsidize the wages of youth employed in the Mayor's 2007 Summer Employment Program. PASSED AYES - 9 NOES -0 FROM THE CITY CLERK NO. 60 NEGATIVE DECLARATION - COMMON COUNCIL 1413 CITY HALL - EMPIRE ZONES #38 AND #74 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 Common Council Room 1413 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 Empire Zone Boundary Amendments Locations Empire Zones #38 & #74 Buffalo, New York Erie County Type of Action Unlisted Uncoordinated Description: The City of Buffalo and the Buffalo Renaissance Corporation (BERC), as the economic development agency for the City, propose to amend the existing Empire Zone Program boundaries within the City with the alteration of eligible parcels in subzones 1 & 2 in Zone #38 (the Northeast -East Delavan & Central- Ellicott- Masten -East Side Planning Communities respectively), and subzones 1, 2, 3, & 4 in Zone #74 (the East Delavan, East Side, South Buffalo, & Riverside Planning Communities respectively). The amendments to the Empire Zone designations will enhance the City's ability to assist private investors in financing the renovation and /or expansion of existing, and new development of, commercial /industrial facilities within Buffalo. As a result of this environmental review, the Lead Agency has determined that the undertaking of this action will not constitute an action significantly affecting 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 project will: help to retain existing commercial /industrial facilities in the Buffalo area; encourage commercial /industrial facilities to invest in the City and Western New York; help to improve job opportunities for area residents; and increase the City's tax base. The impacts that are likely to occur as a result of the project appear, on the whole, to be beneficial and not significant in magnitude or effect, and will not, either individually or as a whole, have a significant adverse effect on the environment. Decl 1, 2007 12/11/2007 For further information relative to this Negative Declaration, contact Lorrie Abounader, Empire Zone Coordinator, Room 920 City Hall, Buffalo, New York, 14202; Telephone: (716) 842 -6923, Ext. 103. A copy of this notice was sent to: Buffalo Environmental Management Commission Empire state Development Corp. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 61 MINUTES OF THE BOARD OF ETHICS Attached please find the minutes of the September 18, 2007 Board of Ethic meeting. City of Buffalo Board of Ethics Meeting September 18, 2007 Present: Douglas Coppola James Magavern Gerald Chwalinski Richard Sullivan Sylvester Harold Alisa A. Lukasiewicz Eleanor Paterson Cavette Chambers, of Counsel Item #1) Roll Call Item #2) Mr. Coppola moved to accept the minutes of the August 21, 2007 meeting seconded by Mr. Sullivan. All were in favor and the minutes were received and filed. Item #3) The board received and filed a Transactional Disclosure Statement from Mayor Byron Brown seconded by Mr. Chwalinski. All were in favor. Item #4) Mr. Paul Wolf, Esq., Chief of Staff for the Buffalo Common Council notified the board of his receipt and acceptance of a Conference Scholarship. The board reviewed the filing and then moved to receive and file the item, seconded by Mr. Chwalinski. All were in favor. Item #5) Mr. Robert F. Leach, Commissioner of MIS notified the board that he had received an unsolicited gift from the Omaha Steak Company and that after conferring with Corporation Counsel returned the unsolicited gift to its CISCO branch office on 100 Corporation Parkway in Amherst, NY. The board received and filed the item. Item #6) The boards' secretary sent a follow -up letter to Mr. McFoy, a newly appointed member of the Buffalo Water Board reminding him of his obligation to file his Annual Disclosure Statement. Mr. Coppola suggested sending Mr. McFoy a 10 -day letter if he failed to file after receipt of the follow -up letter. The letter was received and filed by the board. Old Business: Item #1.) Mr. Magavern forwarded for the boards' review a copy of the Temporary State Commission on Local Government Ethics Code Book. Mr. Coppola asked Mr. Magavern how best to proceed; suggesting a special meeting. Mr. Magavern suggested that board members read the material over and then have someone do a comparison between the current Buffalo Code of Ethics and that of the State's. Mr. Magavern volunteered to review the material and Ms. Lukasiewicz of Corporation Counsel stated that she would volunteer some of her UB Law Clerk's to assist Mr. Magavern in the review process. Mr. Coppola suggested that Ms. Lukasiewicz have her law clerk's create a draft possibly by the end of October and then have board members meet with the lawclerk's to go over the draft at a meeting held in the Law Department. All were in favor. Item #2.) As of this meeting there is no new information with regard to the Code of Ethics Handbook Project. At this point Alisa Lukasiewicz, Corporation Counsel notified the board that the City of Buffalo will be sponsoring mandatory ethics training for all department heads and it will also invite members of all City Boards under public authority providing training under the statute. Ms. Lukasiewicz expects approximately 60 to 70 people to attend the training session to be held on a Saturday and lasting approximately four hours. The training is scheduled to take place in October and will likely be held in Council Chambers. The next meeting of the Board of Ethics was set for Tuesday, November 27, 2007 in City Hall, Room 1317 at 9:00 a.m. Meeting adjourned. RECEIVED AND FILED NO. 62 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 1860 Seneca St Staci Halton Staci Halton 140 Pearl St Sodexho Operations Hodgson RECEIVED AND FILED NO. 63 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: Comptroller - X Public Works, Streets & Parks- William M Finnegan RECEIVED AND FILED. NO. 64 NOTICES OF APPOINTMENTS - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. CERTIFICATE OF APPOINTMENT Appointment Effective: December 3, 2007 in the Department of Administration, Finance, Policy & Urban Affairs Division of Parking Enforcement to the Position of Laborer II, Seasonal at the flat salary of $8.15/hr Decl 1, 2007 12/11/2007 Laura Ann Austin, 150 E. North St, Buffalo, NY 14203 CERTIFICATE OF APPOINTMENT Appointment Effective: in the Department of Human Resources, Division of Civil Service to the Position of Clerk, Seasonal appointment at the flat starting salary of $8.15/hr Judy Smith, 344 Humboldt Pkwy, Buffalo, NY 14214 NO. 65 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: November 22, 2007 in the Department of Public works, Parks and Streets Division of Buildings to the Position of Senior First Class Stationary Engineer, Temporary Appointment at the flat salary of $10.25/hr Edward Standish III, 117 Imson St, Buffalo, NY 14210 Dawn -Marie Ras, 37 O'Kell Street, Buffalo, NY 14220 Bryon O'Connor, 167 Eden St, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment Effective: November 29, 2007 in the Department of Public works, Parks and Streets Division of Buildings to the Position of Senior First Class Stationary Engineer, Temporary Appointment at the flat salary of $10.25/hr Jonathan Nasca, 12 Woodley Road, Buffalo, NY 14215 CERTIFICATE OF APPOINTMENT Appointment Effective: November 30, 2007 in the Department of Public works, Parks and Streets Division of Buildings to the Position of Senior First Class Stationary Engineer, Temporary Appointment at the flat salary of $10.25/hr Timothy D. Devany, 19 Mumford Street, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment Effective: December 1, 2007 in the Department of Public works, Parks and Streets Division of Buildings to the Position of Senior First Class Stationary Engineer, Temporary Appointment at the flat salary of $10.25/hr John W. Worme, 4 Rebecca Park, Buffalo, NY 14207 Kelly Derfert, 77 Cable Street, Buffalo, NY 14206 CERTIFICATE OF APPOINTMENT Appointment Effective: December 1, 2007 in the Department of Public works, Parks and Streets Division of Buildings to the Position of Senior First Class Stationary Engineer, Temporary Appointment at the flat salary of $10.25/hr Michael J. Schieber, 168 Dundee Street, Buffalo, NY 14220 FROM THE BUFFALO WATER BOARD NO. 66 B. DAVIS -R. SANDERS -CEASE WATER SERVICE AT 508 HIGH STREET ITEM #43, C.C.P. 11/27/07 Your Honorable body has requested information regarding water service at 508 High Street. The residential property was purchased from the City of Buffalo at the In Rem 39 auction, (10/05) and is on a quarterly billing cycle. According to the account log: On June 1, 2006, the property owner came into the billings and collection department to request confirmation of water service delivery at the 508 High Street; • On June 26, 2006, verification was given to the property owner that the water service was indeed on. The property owner was also notified that the service box was defective, prohibiting water turn off by Division of Water personnel and per regulations, necessitating the replacement of the service box at the owner's expense; On February 6, 2007, the property owner contacted the billings and collection department. It was reiterated to the property owner that water service was on and charges and penalties were accruing. The In Rem Memorandum of Sale indicates that property is sold "as -is" and "All property is sold subject to the liens of all taxes, water bills, sewer rents and user fees levied after the auction date." It is therefore incumbent upon the property owner to ensure that all obligations are current and therefore invalidates the claim that no authorization was given for water service. The property owner was notified that water service was on and received quarterly bills stating likewise. In addition, the owner was informed that in order to cease service, necessary corrective action and payment of all arrears was required. REFERRED TO THE COMMITTEE ON FINANCE, NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 67 MEMORANDUM LP CIMINELLI -BOARD PACKET DOCUMENTS DEC 2007 Deputy City Clerk Gerald Chwalinski (3 copies) Program Packaging and Development Services (PPDS) Provider December 4, 2007 Board Packet Documents Attached are the following documents from the Joint Schools Construction Board meeting scheduled on December 3, 2007: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated November 5, 2007 3. Fully Executed Phase II Application and Certificate for Payment No. 37R - October 2007 Decl 1, 2007 12/11/2007 4. Phase II Application and Certificate for Payment No. 38- November 2007 5. Fully Executed Phase III Application and Certificate for Payment No. 7R - October 2007 6. Phase III Application and Certificate for Payment No. 8 - November 2007 7. Program Packaging and Development Services (PPDS) Provider Update 8. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase II Project - October 2007 9. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase III Project - October 2007 10. Buffalo Niagara JOBS Initiative Update RECEIVED AND FILED NO. 68 RE: RESTAURANT & DANCE LICENSE -45 W. CHIPPEWA STREET Dear Mr. Chwalinski: Please file the enclosed item for further discussion at the next Common Council session to be held December 11, 2007. Thank you in advance for your assistance with this matter. November 27, 2007 Restaurant and Dance License 45 Chippewa Avenue West Dear Council Member Davis: We have spoken with you and your office in recent weeks regarding the pending application for renewal of a Restaurant and Dance License for Big Shotz bar located at 45 Chippewa Avenue West. In our continued good faith effort to come to a resolution of this matter without invoking an Article 78 proceeding, we would like to meet with you to discuss this matter further. We understand that there may be concerns regarding the financial condition of Big Shotz and altercations in the area outside of the bar. Mr. Pfeiffer has begun the process of obtaining financial information from his various financial institutions to present as evidence to the Buffalo Common Council in a good faith effort to quash any misconceptions that Mr. Pfeiffer is having financial difficulties with his business. We hope to have all of these documents within the next couple of weeks. Likewise, we would like the opportunity to discuss the issue of altercations in the Chippewa District. As such, we ask that the License renewal remained tabled in the Legislation Committee until we have received these records and had an opportunity to sit down with you and hold productive and beneficial talks regarding this matter. I greatly appreciate any and all courtesies that you have extended to my client thus far and will extend in the future. I look forward to speaking with you as soon as possible to bring this matter to a beneficial resolution for all parties involved. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 69 57 TONAWANDA STREET PROJECT 12/24/07 Saving Grace Ministries at this time is no longer interested in pursuing the 57 Tonawanda St site for our project development and group home. Saving Grace Ministries is no longer pursuing securing the zoning variance and special use permit. We are pursuing alternative locations and remain hopeful to find a suitable location for the specific program use. Sincerely, Rev. Terry King Executive Director RECEIVED AND FILED NO. 70 RIVER ROCK BASEBALL LEAGUE CONCERNS WITH BOPC 20 YR PLAN David Colligan Chair - Elect, Board of Trustees Buffalo Olmstead Parks Conservancy 12 Fountain Plaza, Suite 600 Buffalo, New York 14202 Dear Mr. Colligan, Thank you for responding to my concerns at the BOPC 20 Year Plan Public Hearing on Friday night. Despite BOPC comments to the contrary, my fears are not relieved. There seems to be a strong element in the BOPC that is bent on creating passive parks. This is not what Olmstead's vision was then, nor how it would be today. I have done my research on Mr. Olmstead and his work. He valued the aesthetic beauty of passive as much as the active "people's park" approach towards urban parks. In fact, above all, he believed that urban parks should be made available for leisure and recreation for everybody... "an escape from city life ". My concern is that with the passive attitude of the 20 Year Plan our ball fields /courts will be neglected. The daily maintenance of Riverside Park (including the ball fields) has greatly improved since the BOPC took over management from the County (and City). However, for two years we have been requesting improvements to the baseball diamonds that extend beyond daily maintenance. The resources are not available ", we are regularly told- The condition of our ball diamonds are similar to what you described the condition the Delaware Park soccer fields were once recently in - dangerous. Our league, in conjunction with the BOPC and Erie County Parks, planned to make these repairs this fall. This past summer we had a 16 yr. old player break his ankle and a 9 yr. old player break his nose directly caused by poor field conditions. There were many, many "close calls" throughout our season as well. Originally, our league volunteers were going to do most of the work and provide funding for the project. Then the BOPC and Erie County officials said that they can do the work if our league provides some funding. Our league raised $8,000 for this project. The project apparently stalled at the administrative level. This one day project has yet to be completed. Part of the project included much needed repairs of fencing and backstops. This September our league spent $2,500 to make the fencing repairs ourselves. Sadly, it looks like our dangerous field conditions will continue for another summer. We are afraid that when we need something done to our fields, above and beyond daily maintenance, that we can't do ourselves, it won't get done. We're afraid the BOPC will be resistive to our improvement requests because of BOPC passive park attitudes and because of the lack of BOPC resources. In addition, the BOPC is "dreaming" flit thinks the City of Buffalo is going to be able create enough additional park space within 20 years to accommodate youth recreation and little leagues. More realistic objectives that include the "active" aspect of Olmsted's vision are in order. Thank you for your time and attention to oar concerns. Graciously, Decl 1, 2007 12/11/2007 REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE OFFICE OF STRATEGIC PLANNING NO. 71 MEMORANDUM LETTER FROM MARILYN GALLIVAN MARINE DRIVE APARTMENTS I would like to file the attached information for the next Common Council meeting to be held on December 11, 2007. 14ARILYN GALLIVAN 147 Marine Drive Apartment IiD Buffalo, New York 14202 Chairperson The Honorable Michael P. Kearns, Waterfront Development Committee Buffalo Common Council 65 Niagara Square Buffalo, New York 14202 Dear Councilman Kearns, Thank you for the opportunity to express my opinions at the meeting held on this date. The following, for your records, are my thoughts on :- Agenda Item 5. No. 113 : Waterfront Development in Relation to Marine Drive Apartments Many Marine Drive residents truly treasure the waterfront. We walk; we sit; we chat with neighbors. We visit the ships; we stroll the gardens; we attend the programs and ceremonies presented here. We have an ice cream cone or hot dog at the Hatch; we have dinner or a cocktail at Shanghi Reds. Truly, we experience the waterfront every day. Sadly, other than at press- conferences, I never see the faces of waterfront decision - makers, during my strolls. Although, many times, their decisions mention or imply or portray the Marine Drive property, I don't think they have ever acted to inform or to listen to the residents. Thank goodness this Waterfront Committee and the Common Council do ! I would like the Common Council to be represented on any body (ex. Canal Group) which makes decisions regarding our Buffalo waterfront. I would actively support any initiative by the Common Council to achieve this goal. Agenda Item 8. No. 44 : Concerns Regarding Marine Drive Apartments For forty years, Marine Drive was peaceful and prosperous. Then "influence" brought in Hutchens & Kissling. The complex was decimated, and a deficit created. We now have an excellent manager, a man who cares about our home. Henry Littles is striving to remove problematic and financially irresponsible people, and to bring into the complex, residents who are responsible. (continued) I often find myself wondering the extent to which Mr. Littles is limited in what he would like to do, by the deficit which Hutchens & Kissing created. I don't understand why they are not being held financially accountable for their irresponsible management of Marine Drive Apartments. I would like the Common Council to ask BMHA for continual updates regarding the investigation of Marine Drive, being conducted by the Inspector General. I'm told the investigation was generated by the findings of the "forensic audit" conducted by BMHA before Hutchens and Kissling left. The residents knew o - -[f the audit, but never were told the results and would like to know this. re: Queens Landing I was not a Marine Drive resident, when Queens Landing was founded. I researched and read, to find out about them. I'm grateful to this group, for having the foresight to say "if Marine Drive is to be sold, residents should be able to buy it ", and to do the work necessary to make that idea a reality. I find it difficult to understand the opposition to Queens Landing, the disrespect so often directed at these fellow residents, the head -in- the -sand approach to not becoming informed. 1. Queens Landing has held "Question & Answer" sessions, to address the type of misconceptions Lori Mascia put forth today; the Mascias did not attend. 2. As a Resident Council member, I organized an evening when the Council and Queens Landing could talk together (see attachment); again, the Mascias did not attend. Further, - I find it ironic, for Mrs. Mascia to claim residents "don't know about Queens Landing "; I have a recording of a message I received from Lori Mascia (8/16/2006- 10:03am) preventing me from putting information folders about Queens Landing in the Marine Drive buildings (see attachment). -1 find it inaccurate, for Mr. Mascia to imply Queens Landing may not "speak for" Marine Drive residents; Queens Landing has fulfilled all New York State requirements and does, indeed, represent Marine Drive residents. (It should be noted, it was queens Landing who posted notices of today's meeting, in all Marine Drive buildings.) Again, a sincere THANK YOU for the opportunity to bring our concerns and opinions to your attention. The support given by the Common Council to Marine Drive, throughout the years, is greatly appreciated. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 72 MEMORANDUM SCHEDULE FOR TORONTO MEETINGS I Would like to file the attached information for the next Common Council meeting to be held on December 11, 2007. Thank you. Schedule Thursday, Dec. 13 Departure time? Decl 1, 2007 12/11/2007 10:00 or 10:30 ? am Paul Bedford, Lance Alexander, and John Kelly to discuss the process and impacts of taking down the East Gardiner Location: Distillery District restaurant TBD based on numbers 1 pm ( ?) Tour of East Gardiner with Lance and Paul 2:30 pm John Hillier from DuToit Alsopp Hillier Location: 50 Park Rd. P 416 968 9479 3:45 pm Ken Greenberg Location: 432 Wellington Street West P 416 603 3777 Alex Taranu? Friday, Dec. 14 9:30 am Meeting with John van Nostrand to discuss the recent reports on removing the rest of the Gardiner Location: 317 Adelaide West, Suite 205 P 416 593 6500 x 224 Bios Lance Alexander, City Manager's Office, Strategic and Corporate Policy, City of Toronto John Kelly, Transportation Services, City of Toronto I'm waiting for his bio Paul Bedford, former Chief Planner for the City of Toronto, Adjunct Professor at the University of Toronto and Ryerson Planning Schools As Chief Planner for the City of Toronto for 8years, Paul Bedford focused his energy on the development of new planning values, policies and processes to guide the next generation of city building in Canada's largest city. As the driving force behind the Kings' renaissance, Toronto's groundbreaking new Official Plan and unanimous City Council approval of the Central Waterfront Principles Plan, he challenged everyone to embrace new ways to think, act and plan. Having retired from the City of Toronto after 31 years of public service, Paul Bedford remains passionate about the city he loves and is totally dedicated to city life. He is a frequent public speaker at numerous forums on planning issues affecting Toronto and is active in shaping the new urban policy agenda at all levels of government. His activities also comprise mentoring young planners, writing a regular column for the Ontario Planning Journal and participating in international conferences: He was appointed an Adjunct Professor in both the University of Toronto and Ryerson Planning Schools where he strives to make a significant and ongoing contribution and has also been appointed to the Centre for Addiction and Mental Health Property Committee to help guide redevelopment of the Queen Street Mental Health campus. He has assumed the title of Urban Mentor since his retirement. John Hillier, FCSLA du Toit Alsopp Hillier John is a landscape architect whose interests and experience extend into the realms of urban design and planning. He joined the firm of du Toit Associates in 1977 and entered into the partnership of du Toit Allsopp Hillier in 1985. He is currently leading the firm's waterfront public realm design for Toronto's central waterfront in joint venture with West 8 of Rotterdam. This $60M commission was received following an international design competition in 2006. John's recent urban design experience includes the Public Realm Plan for the West Don Lands, a new community for 10,000 on Toronto's waterfront, the Gardiner East Expressway Dismantling in the Toronto Port Lands, and urban design for the Ottawa Light Rail Transit Environmental Assessment. John's campus planning and design experience includes landscape design for the new University of Ontario Institute of Technology, Queen's University, The University of Toronto, and the Banff Center for the Arts. He also participated in the preparation of campus master plans for the University of British Columbia, Queen's University and St. Michael's College at the University of Toronto. He has considerable heritage I design experience including the landscape heritage master plan for the Gooderham and Worts Distillery in Toronto, the reconstruction concept for the National War Memodal at Confederation Square in Ottawa, and adaptive reuse of the former Bdck Works in Toronto's Don Valley. John has been a visiting studio critic at the Universities of Toronto and Guelph and was a juror for the 1996 Design Exchange Design Business Effectiveness Awards, the Spadina /Bloor Parkette Public Art Competition, and the 1997 Urban Design Awards for both the City of Toronto and Mississauga. He is currently a member of the Mississauga Urban Design Review panel. John became a Fellow of the Canadian Society of Landscape Architects in 2003 and has received numerous CSLA planning and design awards in his 30 -year professional career. Established in 1985, du Toit Allsopp Hillier (DTAH) are multii- disciplinary firm specializing in landscape architecture and urban design. The Toronto firm of 30 is comprised of professional landscape architects, architects and planners. The firm approaches the related professions in the same way as we have organized their firm, as inseparable and vital components of planning and design. ,Areas of specialty include community and campus planning; urban design, streetscape design and transportation related civic design; and facilities for residential, educational, institutional, recreational and commercial /retail uses. As landscape architects, DTAH have planned and implemented communities, urban spaces, parks, and campuses of all scales. They have a significant body of work related to the key public spaces in the National Capital, which has received national and international recognition. They have recently won an international design competition in Joint venture with West 8 of Rotterdam design for the public realm design of the central waterfront in Toronto. www.dtah.com Ken Greenberg, Greenberg Consultants, Inc. Architect and Urban Designer Ken Greenberg has played a leading role on a bread range of assignments in highly diverse urban settings in North America, and Europe. Much of his work focuses on the rejuvenation of downtowns, waterfronts, neighborhoods, and campus master planning. His projects include the award - winning Saint Paul on the Mississippi Development Framework, the Brooklyn Bridge Park on the East River in New York, the East River waterfront in Lower Manhattan, the Fan Pier in Boston, the Southwest and Southeast Waterfronts in Washington, D.C., the Vision Plan for the District of Columbia and the preparation of a Master Plan for the NoMA District (North of Massachusetts Avenue) in Washington D.C., Kendall Square and North Point Master Plans in Cambridge, the Downtown Hartford Economic and Urban Design Action Strategy, the preparation of a Strategic Framework for Midtown Detroit surrounding the Detroit Medical Center and Wayne State University, the implementation of the Harbour front Master Plan and Plans for the new Film Port (Toronto Film Studios complex) on the Toronto Waterfront and an intedm role as Chief Planner at the BRA (Boston Redevelopment Authority) for the City of Boston including oversight of the Crossroads Initiative which builds on the 'Big Dig' and the Rose Kennedy Greenway. In each city, with each project, his strategic, consensus - building approach has led to coordinated planning and a renewed focus on urban design. Current efforts include implementing the Master Plan for the renewal of Regent Park, a major public housing project in Toronto, plans for the new Don River Park in Toronto, a Master Plan for the Grand Parade in Halifax, integrated strategies for transit - oriented redevelopment along the proposed new north /south LRT line in Ottawa, the preparation of the , -an Juan Waterfront Master Plan in San Decl 1, 2007 12/11/2007 Juan, P.R., the preparation of a Master Plan for the former Rockcliffe Military Base in Ottawa, the preparation of the 2010 Vision and Strategic Framework for Hartford, and a Strategic Master Plan for Boston University. Ken Greenberg is also a key member of the winning team with Michael Van Valkenburgh Associates selected by the Toronto Waterfront Revitalization Corporation for the Lower Don Lands, a comprehensive plan for the mouth of the Don River where it enters Toronto Harbour addressing urban design, transportation, naturalization, . sustainability and other ecological issues. http: / /www.greenbergconsultants.com/ John van No, strand, architects Alliance John van Nostrand is both a partner in architects Alliance, and the principal of aA's affiliated practice, planning Alliance. Over the last three decades, John has been the driving force behind the firms' domestic and international planning and community development practice. Locally, John's vision has had a major impact on Toronto's Waterfront, where he has been active for more than 20 years. Internationally, John's practice encompasses housing, churches, health care fadlitles, schools and urban design projects. His work has been recognized with a number of national and international awards, including the Canadian Urban Institute's = Brownie" Award, The Waterfront Centre's Planning Honour, and the Jane Jacobs Pdze, awarded by Ideas That Matter to individuals who have made a significant contribution to Toronto's vitality. RECEIVED AND FILED NO. 73 S. MAGAVERN- LIVING WAGE COMM. PUBLIC HEARING M &T BANK Pursuant to the Hearing Rules of the Living Wage Commission, I am filing with you the enclosed notice of hearing to be held December 12, 2007 regarding M &T Bank Hearing Notice The Living Wage Commission (LWC) will hold a public hearing at 9:00 a.m. on December 12, 2007 at 237 Main Street, Suite 1200, Buffalo NY 14203. The hearing will be held under the authority of Buffalo City Code § 96 -19(G) to determine whether M &T Bank has violated the City's Living Wage Ordinance (Buffalo City Code § 96 -19) by failing to file quarterly reports with the LWC and, if so, what recommendations the LWC should make in the matter. Lou Jean Fleron, Chair of the LWC, will serve as presiding officer for the hearing. Representatives of M &T Bank and its employees are invited to testify at the hearing: The LWC will also consider any written statements submitted to it in advance of the hearing. Free interpreting service for people with limited English proficiency or hearing impairments may be made available upon a request made before the hearing. If you have questions about this hearing, please call the Living Wage Commission at (716) 852 -4191. RECEIVED AND FILED NO. 74 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ENVIRONMENTAL INVESTIGATION AND CLEANUP WORK PLAN FOR GENESEE STREET SITE AVAILABLE FOR PUBLIC COMMENT The New York State Department of Environmental Conservation (NYSDEC) welcomes public comments as it reviews a work plan to investigate and undertake environmental cleanup activities at the NOCO S -41 Site, located at 1055 Genesee Street, Buffalo, Erie County. See the attached map for tile location of the site. The environmental investigation and cleanup work plan, called the "Remedial Investigation (RI) /Interim Remedial Measures (IRM) Work Plan" was submitted by NOCO Energy Corporation (NOCO) under New York's Brownfield Cleanup Program (BCP). This report describes environmental investigation and cleanup activities proposed for the Noco site. More detailed information about proposed activities can be found on page 2 of this fact sheet. Public Comments about the RI /IRM Work Plan NYSDEC is accepting written public comments about the RI/IRM Work Plan for 30 days, from November 13, 2007 through December 15, 2007. The RI/RIM Work Plan is available for public review at the locations identified on the last page of this fact sheet. Written comments should be submitted to: Mr. William Murray New York State Department of Environmental Conservation 270 Michigan Avenue Buffalo, New York 14203 -2999 Highlights of the Proposed Remedial Investigation Goals of the remedial investigation are to: 1) define the nature and extent of contamination in soil, surface water, groundwater and any other impacted media; 2) identify the source(s) of the contamination; 3) assess the impact of the contamination on public health and /or the environment; and 4) provide information to support the development of a Remedial Work Plan, if required upon completion of IRM activities, to address the contamination. The investigation will be performed by NOCO Energy Corporation with oversight by NYSDEC.. Based on previous environmental investigations completed on -site, the contaminants of concern identified on -site are petroleum - related compounds that have affected soil and groundwater. Proposed investigation activities will include: Completing soil borings, and installing groundwater monitoring wells on -site; and, Collecting and analyzing soil and groundwater samples to assess soil and groundwater quality and collect site - specific hydrogeological data; Highlights of the Proposed Interim Remedial Measures As part of the Remedial Investigation, an IRM will be completed to immediately address known environmental impacts related to past use of the Site as a gasoline station and automotive repair facility. (An IRM is an environmental cleanup action that can be conducted at a site relatively quickly to reduce the risk to people's health and the environment from a well- defined hazardous waste problem.) At the Noco site, the current underground storage tank (UST) system, including USTs, product dispensers and product piping will be removed. Impacted soil will be removed and impacted groundwater (if encountered) will be extracted and treated during the IRM. Decl 1, 2007 12/11/2007 Background Site Background The Site is an approximate 0.75 -acre parcel located on the southeast corner of Genesee Street and Fillmore Avenue. The Site is currently vacant but was historically used as a retail gasoline station and convenience store. The convenience store building remains, and there are currently three 8,000 - gallon gasoline tanks and four product dispensers on -site. Site History The Site has been used as a gasoline station since at least 1950. According to historical records, previous gas station owner /operators on -site include Gulf Oil Corporation, Northeast Stations, Inc., and Cumberland Farms. NOCO Motor Fuels, Inc. has been Site owner since approximately 1993. The site has been vacant since the summer of 2007. Environmental History In October 2004, a Subsurface Investigation Report was completed to further investigate impacts previously identified in a tank field observation well. The results of that study indicated that petroleum - related volatile organic compounds (VOCs) were present in Site soils and groundwater. In August 2006, a Supplemental Environmental Investigation was performed at the Site to delineate petroleum impacts previously identified. The results of this investigation identified additional on -site soil and groundwater impacts in the area of the current /historic USTs and pump islands. A Brownfield Cleanup Agreement was executed between the NYSDEC and NOCO Energy Corporation on July 9, 2007. Next Steps and Project Timeline NYSDEC will consider public comments as it completes its review, makes any necessary revisions made, and, if appropriate, approves the RI /IRM Work Plan. NYSDOH must concur in the approval of the Work Plan. The approved Work Plan will be available for public review at the location identified below, under the heading "For More Information." After the Work Plan is approved, NOCO may proceed with the implementation of interim remedial measures and remedial investigation at the site. The IRM field time is anticipated to take approximately two weeks and is anticipated to commence in January 2008.The remedial investigation will take about two weeks of field time and is anticipated to commence in February 2008. The proposed future use of the site is commercial. The applicant will develop an RI /IRM Report that summarizes the results of the site investigation and cleanup. An Alternatives Analysis Report (AAR) that will evaluate whether additional remedial measures are necessary, beyond the IRM, will also be prepared. NYSDEC will keep the public informed during the investigation and remediation of the NOCO S -41 site through fact sheets, similar to this one. FOR MORE INFORMATION Locations to View Project Related Documents A local document repository has been established at the following location to help the public to review important project documents. These documents include the draft RI /AAR/IRM Work Plan and the application to participate in the BCP accepted by NYSDEC: The document repositories identified below have been established to provide the public with convenient access to important project documents: RECEIVED AND FILED NO. 75 D. RODRIGUEZTAXICAB VS NFTA The paper work was not the right ones. I only spoke of the U.S.Dept. OF TRANSPORTATION grants given to NFTA not of the State rules due to the fact that the mailto:MJASKULA —City- Buffalo.com ?subiect= Taxicabs Federal rules are greater than the State, so where is the F.O.I.L from D.O.T. mailto: MJASKU LA(— ,City- Buffalo.com RECEIVED AND FILED NO. 76 B. SCHIFELING -1042 ELLICOTT ST This correspondence is in response to your letter dated November 15, 2007 to S &T Properties of Buffalo, LLC requesting that specific information about the intentions for the property located at 1042 Ellicott Street. My son, Dietrich Schifeling, is a trained artist (a painter) and adept at both rehabilitation of a property and in assembling the necessary skilled tradesmen to facilitate the rehabilitation. The intention is that Dietrich Schifeling would live in the house once it is rehabilitated. As you are aware, this property is a very short block away from the Art Space Project and other properties being purchased by other artists in this area. Dietrich Schifeling and his colleagues have inspected the house to assess its potential for rehabilitation, and a single family use is the intended use. I am aware that Dietrich Schifeling also provided the Division of Real Estate cost estimates for rehabilitation and proof of the financial ability to acquire and rehabilitate this structure. If you need any further information, do not hesitate to contact me. REFERRED TO THE COMMITTEE ON FINANCE, THE DEPARTMENT OF ECONOMIC DEVELOPMENT, PERMITS AND INSPECTIONS AND THE OFFICE OF STRATEGIC PLANNING NO. 77 D. SMITH - ARTICLE - ECONOMIC IMPACT OF MORTGAGE DEFAULTS Dear Mr. Chwalinski: Please file the attached article for further consideration at the next Common Council session to be held on December 11, 2007. Your assistance is greatly appreciated. Masten District Councilmember Enclosure REFERRED TO THE COMMITTEE ON FINANCE THE DEPARTMENT OF ECONOMIC DEVELOPMENT PERMITS AND INSPECTIONS AND THE OFFICE OF STRATEGIC PLANNING NO. 78 L. WIECHEC REQUEST "NO PARKING HERE TO COMER" SIGN STEVENSON & SENECA ST. (SOUTH) Copy Available in the City Clerks Office For Review REFERRED TO THE DEPARTMENT OF PUBLIC WORKS Decl 1, 2007 12/11/2007 PETITIONS NO. 79 JAMIE ALLEN, AGENT, USE 625 ABBOTT RD FOR AN ILLUMINATED GROUND SIGN (SOUTH) (NO PUB HRG) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 80 MATTHEW BECK, AGENT, 131 MULBERRY ERECT A 2 STORY FRAME HSF (ELL)( No Pub Hrg) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD REGULAR COMMITTEES CLAIMS MICHEAL P KEARNS, CHAIRMAN NO. 81 PERSONAL INJURY CLAIMS That upon the recommendation of the Corporation Counsel, the following action for personal injury arising out of alleged negligence on the part of the City of Buffalo, be comprised and settled: A. 1. Estate of Shannon Parmerter v. City of Buffalo $350,000.00 Estate of John Mattia $300,000.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants and their attorneys, if any, herein above named, upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED AYES -9 NOES -0 NQ82 PERSONAL INJURY CLAIM - A.2.ESTATE OF RONALD RUSSELL V. CITY OF BUFFALO That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That upon the recommendation of the Corporation Counsel, the following action for personal injury arising out of alleged negligence on the part of the City of Buffalo, be comprised and settled: A. 2. Estate of Ronald Russell v. City of Buffalo $1,500,000.00 That a check be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimant and his attorneys, if any, herein above named, upon execution and delivery to the Corporation Counsel of proper release and closing papers. PASSED AYES 8 NOES 0 COUNCILMEMBER RUSSELL ASKED TO BE ABSTAINED FROM THIS ITEM NO. 83 PERSONAL INJURY CLAIMS - A.3.LYNNE A. LAETTNER V. CITY OF BUFFALO A.4. DOUGLAS PELLIEN V. NIAGARA MOHAWK & CITY OF BUFFALO That upon the recommendation of the Corporation Counsel, the following action for personal injury arising out of alleged negligence on the part of the City of Buffalo, be comprised and settled: A.3. Lynne A Laettner v. City of Buffalo $ 40,000.00 A.4 Douglas Pellien v. Niagara Mohawk & City of Buffalo $ 12,500.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants and their attorneys, if any, herein above named, upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED AYES -9 NOES -0 NO. 84 PROPERTY DAMAGE B -1 Candace Bailey $326.25 B -2 Lonnie Burrough $500.00 B -3 Barbara Caruso $15.00 B -4 Carol Coppola $1,647.00 B -5 Joseph Depronio $4,085.00 B -6 Andre Foster $2750.00 B.7. Gombos, Patricia, 137 Woodside Avenue, 14220 $ 350.00 B.B.Haas, Janet, 3374 Angle Road, Orchard Park, NY 14127 $614.82 B.9. Liberty Mutual Ins. Co. a /s /o Philip and Dina Thompson, c/o Carman, Callahan & Ingham, LLP 266 Main Street, Farmingdale, New York 11735 $6,535.72 B. 10. Linkowski, James, 187 West Woodside, 14220 $ 59.69 B.11. O'Connell, Gayle, 182 Cumberland Avenue, 14220 $ 138.09 B.12.Papiernik, Garret, 427 Ashland Avenue, 14222 $ 347.48 B.13.Sapar, Sherry, 114 Alabama Street, 14204 $ 145.73 B.14.Skinner, Nancy, 167 Alabama Street, 14204 $ 641.63 Decl 1, 2007 12/11/2007 B.15. Weiss, Paul, 127 Mapleleaf Drive, Williamsville, NY 14221 $2,833.30 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants herein above named, upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED AYES -9 NOES -0 NO. 85 PROPERTY DAMAGE (VEHICLE /FIRE DEPT. CLAIMS) That, upon the recommendation of the Corporation Counsel, the following actions for property damages arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled C1 through c -12 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED AYES — 9 NOES 0 NO. 86 MISCELLANEOUS REIMBURSEMENT That, upon the recommendation of the Corporation Counsel, the following actions for property damage arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: D. 1.1-lernandez, Irma, 15 Simon Street, 14207 $ 600.00 D. 2.Koester, Lee, 2 MarBeth Court, 14220 $ 532.87 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal -Year, payable to the respective claimants, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED AYES -9 NOES -0 NO. 87 MISCELLANEOUS INVOICES That, upon the recommendation of the Corporation Counsel and the appropriate City Departments, the following claims be paid: E. 1. ComTel, 750 Ensminger Road, Tonawanda, NY 14150 $395.00 E. 2. DREAMCO Corporation, 100 Stradtman Street, Cheektowaga, NY 14206 $ 6,144.18 E. 3. MacSolutions Plus, 10 Center Rd., W. Seneca, NY 14224 $138.95 E. 4. National Grid, 300 Erie Blvd West, Syracuse, NY 13252 $6,266.04 E. 5The Tape Company, PO Box 95169, Palatine, IL 60095 $ 868.20 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED AYES -9 NOES -0 NO. 88 RECOMMITTED ITEMS That the following action for property damage arising out of alleged negligence on the part of the City of Buffalo, be and hereby is denied to: F 1. Komorowski, Joseph, 123 Cromwell Drive, Depew, NY 14043 DENY NO. 89 F -2 MARLENE MYREE That the above item be, and the same hereby is returned to the Common Council without recommendation. F. 2 Myree, Marlene, 157 Zenner, 14211 $ 712.44 Mr. Kearns moved that the above item be recommitted to the Committee on Claims. ADOPTED. CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 90 APPT SENIOR PLANNER, PROV(3 STEP)(BROZEK)(STRAT PLAN) CCP# 7, 11/27 That Communication 7 of Nov 27, 2007 be received and Filed and that the Provisional appointment of Michele A. Brozek, 460 Richmond Avenue Stated above at the Third Step of $40,881 is hereby approved. PASSED AYES -9 NOES -0 NO. 91 Decl 1, 2007 12/11/2007 APPT BUILDING INSPECTOR, PERM (3 RA STEP)(SACCO)(CURTIN)OEDPI) CCP# 25,11/27 That Communication 25 of Nov 27, 2007 be received and Filed and that the Permanent appointments of Joseph Sacco 659 Prospect Avenue and Christopher Curtin 75 Trowbridge Avenue Stated above at the Third Step of $42,597 is hereby approved. PASSED AYES — 9 NOES -0 NO. 92 APPT BUILDING INSPECTOR, CONT PERM (5TH STEP)(GILMOUR)(EDPI) CCP# 26,11/27 That Communication 26 of Nov 27, 2007 be received and Filed and that the Contingent Permanent appointments of David Gilmour, 29 Carlyle Ave above at the Fifth Step of $45,696 is hereby approved. PASSED AYES -9 NOES -0 NO. 93 APPT CHIEF BUILDING INSPECTOR, PERM (5TH STEP)(PETRUCCI)(EDPI) CCP# 27,11/27 That Communication 27 of Nov 27, 2007 be received and Filed and that the Permanent appointment of Louis Petrucci, 89 Red Jacket Pkwy above at the Fifth Step of $50,802 is hereby approved. PASSED AYES -9 NOES -0 NO. 94 APPT SENIOR ADMINISTRATIVE ASSISTANT, TEMP (MAX)(KACMARZ)(A &F) (CCP# 32, 11/27) That Communication 32 of Nov 27, 2007 be received and Filed and that the Temporary Appointment of Geraldine M. Kaczmarz Stated above at the Maximum Salary of $45,814.00 is hereby approved. PASSED AYES - 9 NOES -0 NO. 95 APPT ADMINISTRATIVE ASSISTANT, TEMP (MAX)(KIBBY)(A &F) (CCP# 33,11/27) That Communication 33 of Nov 27, 2007 be received and Filed and that the Temporary Appointment of Patricia K. Kibby Stated above at the Maximum Salary of $38,584.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 96 NOTICES OF APPOINTMENTS, TEMPORARY, PROVISIONAL, PERMANENT CCP#41,11/27/07 That the above item be the same and is hereby Received and Filed ADOPTED FINANCE (BRIAN C. DAVIS, CHAIRMAN) NO. 97 RESULTS - REAL ESTATE AUCTION - SEPTEMBER 22, 2007 (ITEM NO. 6, C.C.P., NOV. 27, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Davis moved: That the Common Council approve the sale and transfer of title for eighteen (18) properties, as attached to the above communication excluding 260 Laurel ( #12), 248 Northampton ( #14) and 533 Riley ( #19) which shall be recommitted to the Finance Committee, to the bidders listed in accordance with the terms and conditions of the sale. That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed AYES -9 NOES -0 260 Laurel 248 Northampton and 533 Riley Mr. Davis moved that the above item be recommitted to the Committee on Finance. ADOPTED. NO. 98 RESULTS OF NEGOTIATION - 21 WADE (ITEM NO. 10, C.C.P., OCTOBER 2, 2007) (ITEM NO. 64, C.C.P., NOV. 27, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Davis moved: That the offer from Mr. Aaron V. Young and Mrs. Diane E Young, residing at 125 Thatcher Street, in the sum of three thousand and nine hundred dollars ($3,900.00) for the purchase of 21 Wade Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES — 9 NOES — 0 Decl 1, 2007 12/11/2007 NO. 99 RENEW LEASE AGMT BTWN COB & MASS COMM CTR 161 VERMONT (NIAG) (STRAT PLAN)(# 14, 7/24) CCP# 110, 09/04 That the above item be the same and is hereby Received and Filed ADOPTED NO. 100 B.DAVIS- CENTRAL LIBRARY REQ. FOR DEDICATED PUBLIC PKG CCP# 54, 05/15 That the above item be the same and is hereby Received and Filed ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRMAN) NO. 101 B.DAVIS -R. KELLEY - RESPONSE PROMOTING SMALL BUSINESS (#45 11/27) That the above item be the same and hereby is Referred to the Committee on Finance ADOPTED NO. 102 RESULTS OF NEGOTIATIONS - 444 WOODLAWN (ITEM NO. 13, C.C.P., JUNE 12, 2007) (ITEM NO. 81, C.C.P., SEPT. 18,2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved that the above item be recommitted to the Committee on Community Development. ADOPTED NO. 103 REAL ESTATE FLIPPING (#4102/08) That the above item be the same and hereby is Received and Filed ADOPTED NO. 104 D.BONIFACIO- C.SCHUMER- PRESS RELEASE - RESOLVE ISSUES SHARED (EDPI) (#33 03/06) That the above item be the same and hereby is Received and Filed ADOPTED NO. 105 D.BONIFACIO- STATUS OF PEACE BRIDGE EXPANSION (#48 01/23) That the above item be the same and hereby is Received and Filed ADOPTED NO. 106 RESULTS OF NEGOTIATION - 401 BUSTI AVENUE (ITEM NO. 6, C.C.P., MAY 29, 2007) (ITEM NO. 115, C.C.P., JUNE 26, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Davis moved: Mr. Golombek moved that the above item be recommitted to the Committee on Community Development. ADOPTED NO. 107 J.GOLOMBEK- R.FRANKE- BFLO'S POPULATION LOSS & RESULTS (#49 10/16) That the above item be the same and hereby is Received and Filed ADOPTED LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 108 SECONDHAND DEALER - 999 BROADWAY (ITEM NO. 22, C.C.P., NOV. 27, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Decl 1, 2007 12/11/2007 Mr. Fontana moved: That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspections Services be, and he hereby is authorized to grant a Secondhand Dealer license to' Tomas Taylor d /b /a Taylor Magen Merchandise located at 999 Broadway. PASSED. AYES -9 NOES -0 NO. 109 M. LOCURTO- REVIEW OF POLAR BEAR DEATHS AT BFLO ZOO IN 2006 -2007 (CCP #47,11 /27) That the above item be the same and is hereby Received and Filed ADOPTED NO. 110 BUILDING ANEW FOOTBALL STADIUM IN DOWNTOWN BUFFALO (EXC FIN RES) (CCP#85,11/27) That the above item is hereby referred to the Committee on Community Development. ADOPTED NO. 111 CONCERN ABOUT ANIMAL CARE AT THE BUFFALO ZOO (EXC 1 ST &2 ND RES) (CCP #89,11 /27) That the above item be the same and is hereby Received and Filed ADOPTED NO. 112 DEDICATION AND STREET NAMING OF JESSE KREGAL PARKWAY (ITEM NO. 90, C.C.P., NOV. 27, 2007) That the Common Council hereby approves the request of Council Member Lo Curto's to rename and dedicate Jesse Kregal Parkway the Scajaquada Pathway as Jesse Kregal Parkway in honor of Jesse Kregal's dedication for over 27 years. That pursuant to City and Buffalo Charter and Code §286 -3(B), the City Clerk is hereby directed to prepare and submit to the Common Council for its consideration a Notice of Intention to name a public street. That notice of a public hearing be contained within the notice of intention pursuant to City of Buffalo Charter and Code 286 -3(C) and be published pursuant to Section 48 of the Charter of the City of Buffalo. ADOPTED NO. 113 "MAGGIE Y. BOYD" TRAILBLAZER SIGNS (ITEM NO. 113, C.C.P., OCT. 16,2007) (ITEM NO. 68, C.C.P., NOV. 13,2007) That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to install trailblazing signs beneath the existing street signs from the comer of Best and Herman Streets to the parking entrance to the Metropolitan United Methodist Church proclaiming that portion as "Maggie Y. Boyd Way." PASSED AYES — 9 NOES -0 NO. 114 FOOD STORE LICENSE -1445 EAST DELAVAN (ITEM NO. 36, C.C.P., MAY 15, 2007) (ITEM NO. 108, C.C.P., OCT. 16,2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr Fontana moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 115 ESTABLISHING A TEXT A TIP PROGRAM IN BUFFALO (CCP# 178,7/24) That the above item be the same and is hereby Received and Filed ADOPTED EDUCATION (DEMONE A. SMITH, CHAIRMAN) NO. 116 LP CIMINELLI -BOARD PACKET DOCUMENTS OCT 2007 (#44 10/16) That the above item be the same and hereby is Received and Filed ADOPTED NO. 117 D. SMITH - ARTICLE BLOCK CLUB HOSTS EMERGENCY WALK ON THOMPSON ST (#43 11/13) That the above item be the same and hereby is Received and Filed ADOPTED NO. 118 ADDING TWO MEMBERS OF INTER -HIGH COUNCIL TO CITY OF BUFFALO COMMON COUNCIL'S Decl 1, 2007 12/11/2007 EDUCATION COMMITTEE (ITEM NO. 139, C.C.P., APR. 3, 2007) That two members of the Inter High Council be added to the Education Committee of the Common Council; and That a copy of this Resolution be sent to the Superintendent of the Board of Education, the Buffalo Board of Education and to the Corporation Counsel for review; and That upon clearance by the Buffalo Board of Education and Corporation Counsel, the Buffalo Common Council hereby approves this resolution for implementation. ADOPTED NO. 119 PROVIDE BETTER OPPORTUNITIES FOR ALL CHILDREN (EDPI) (#40,6/16) That the above item be the same and hereby is Received and Filed ADOPTED SPECIAL COMMITTEES BUDGET COMMITTEE (DOMINIC J. BONIFACIO JR., CHAIRMAN) NO. 120 2006 -2007 THIRD QUARTER GAP SHEETS (AFUA) (CCP #45, 5/15) That the above item be the same and is hereby Received and Filed ADOPTED NO. 121 ADDL. INFO. ON FEDERAL FINANCIAL ASSISTANCE (COMPT.) (CCP#9,4/17) That the above item be the same and is hereby Received and Filed ADOPTED NO. 122 REQ. TO HIRE MORE POLICE OFFICERS (CCP #186,7/25) That the above item be the same and is hereby Received and Filed ADOPTED RESOLUTIONS NO. 123 BY: MR. BONIFACIO THE BUFFALO COMMON COUNCIL CALLS UPON THE ERIE COUNTY LIBRARY BOARD TO RESTORE LIBRARY SERVICES TO THE CITY OF BUFFALO WITH ITS ADDITIONAL FUNDING OF $1.6 MILLION Whereas: As a result of the 2005 Erie County fiscal crisis, the Erie County Library Board was forced to close a number of libraries within the City of Buffalo; and Whereas: Because of this decision by the Erie County Library Board, many neighborhoods in the City of Buffalo are still without library services; and Whereas: The reason behind the closure of these libraries by the Erie County Library Board was strictly based on economic factors; and Whereas: The Erie County Legislature has just approved an additional appropriation of $1.6 million to the library system, it seems appropriate that the Erie County Library Board utilize this funding for the restoration of library services within the City of Buffalo; and Now Therefore It Be Resolved: That the Buffalo Common Council calls upon the Erie County Library Board to utilize the additional $1.6 million of funding it received for the library system, to be used in restoring library services across the City of Buffalo. Be It Further Resolved: That certified copies of this resolution be sent to the Erie County Library Board, the Erie County Legislature, and the Erie County Executive. ADOPT LAST RESOLVE REMAINDER REFERRED TO THE COMMITTEE ON LEGISLATION NO. 124 BY: COUNCILMEMBER DAVIS APPROVAL TO TRANSFER TITLE SYCAMORE VILLAGE SUBDIVISION FROM BURA TO BUFFALO NEW URBANISM, LLC WHEREAS, the City of Buffalo Urban Renewal Agency has requested permission to transfer property located within the general area bounded by Sycamore Avenue on the North, Jefferson Avenue on the East, Matthews Street on the South, and Mortimer Street on the West to Buffalo New Urbanism, LLC for $1.00 in accordance with rules and procedures duly adopted by the Agency; and WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2(d) of the "General Municipal Law" and NOW, THEREFORE, BE IT RESOLVED: 1. That the Chairman or Vice - Chairman of the City of Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other documents necessary to convey the land within the general area bounded by Sycamore Avenue on the North, Decl 1, 2007 12/11/2007 Jefferson Avenue on the East, Matthews Street on the South, and Mortimer Street on the West from the City of Buffalo Urban Renewal Agency to Buffalo New Urbanism, LLC for $1.00. REFERRED TO THE COMMITTEE ON FINANCE NO. 125 BY COUNCILMEMBER DAVIS SET PUBLIC HEARING PROPOSED TRANSFER OF LAND FROM BURA TO BUFFALO NEW URBANISM LLC WHEREAS, the City of Buffalo Urban Renewal Agency has requested permission to transfer property located in the block bounded by Sycamore Avenue on the North, Jefferson Avenue on the East, Matthews Street on the South, and Mortimer Street e the West to a newly formed LLC for $1.00 to facilitate the use of New Market Tax Credit Financing for the Sycamore Village Housing Project; and WHEREAS, the terms of said transfer have been approved by the City of Buffalo Urban Renewal Agency; and WHEREAS, said request to transfer the property has been forwarded by the City of Buffalo Urban Renewal Agency to this Common Council for action, pursuant to Section 507, Subdivision 2 of the General Municipal Law; and WHEREAS, Section 507(2) of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 16th of December 2007. 2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M in the Council Chambers on the 26th of December 2007. ADOPTED NO. 126 BY: MR. DAVIS INCREASED APPROPRIATION AIM GIA & STRATEGIC PLANNING That, Pursuant to §20 -11 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in GIA & Strategic Planning for the current fiscal year, be and the same hereby is increased in the sum of $800,000. The increased appropriation will be met from AIM money. That, the Comptroller be and hereby is authorized and directed to increase the revenue estimate for account: From: 10700010 - 335009 NYS Aid Incentive to Municipalities (AIM) $800,000 To: To meet the increased appropriation as set forth below: 17111006 - 435102 GIA Public Health $300,000 10309006 - 480000 Strategic Planning - Other Services $500,000 PASSED AYES - 9 NOES -0 NO. 127 BY: MR. DAVIS INCREASED APPROPRIATION AIM STRATEGIC PLANNING That, Pursuant to §20 -11 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in Strategic Planning for the current fiscal year, be and the same hereby is increased in the sum of $4,638,250. The increased appropriation will be met from AIM money. That, the Comptroller be and hereby is authorized and directed to increase the revenue estimate for account: From: 10700010 - 335009 NYS Aid Incentive to Municipalities (AIM) $4,638,250 To meet the increased appropriation as set forth below: 10309007 - 471000 Land $4,638,250 REFERRED TO THE COMMITTEE ON FINANCE BY: MR. DAVIS NO. 128 INCREASED APPROPRIATION AIM POLICE & FRINGE BENEFITS That, Pursuant to §20 -11 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments - Police & Fringe Benefit accounts, be and the same are hereby increased in the sum of $1,178,231.43. FROM: That the comptroller be and hereby is authorized and directed to transfer the sum of $1,178,231.43 from the account titled NYS Aid Incentive to Municipalities to meet this increased appropriation as set forth below: 10700010 - 335009 NYS Aid Incentive to Municipalities (AIM) $1,178,231.43 To 12003001-411001 Salary $890,560.00 1 2003001 - 41 4002 Education Allowance $6,424.00 1 2003001- 41 4007 Perfect Allowance $16,368.00 17302002 - 422000 FICA $69,871.43 1 7301 002 - 421 002 Medical Insurance $177,936.00 1 7301 002 - 421 004 Dental Insurance $15,488.00 Decl 1, 2007 12/11/2007 1 7301 002 - 421 003 Life Insurance $1,584.00 TOTAL $1,178,231.43 PASSED AYES - 9 NOES -0 NO. 129 SPONSOR: BRIAN C. DAVIS SHIFT OF OPERATIONS INTO AN EMPIRE ZONE Whereas: Dansa & D'Arata LLP, founded in 1986, has been a regional full service accounting and consulting firm, operating at its current Buffalo location at 1230 Delaware Avenue for over seventeen (17) years; and Whereas: Dansa & D'Arata LLP currently employs eighteen (18) full -time and two (2) part time employees in its Buffalo office who predominately reside in the City of Buffalo or its surrounding suburbs; and Whereas: Due to an expanding business and increased visibility in the accounting market and the need for more space, Dansa & D'Arata LLP finds it advantageous to relocate and is desirous of maintaining operations in the City of Buffalo; and Wheras: Dansa & D'Arata LLP intends to meet with members of the Buffalo Economic Renaissance Corporation in connection with its efforts to find a location within the City of Buffalo Empire Zone; and Whereas: Dansa & D'Arata LLP will relocate to 361 Delaware Avenue, which is located within a City of Buffalo Empire Zone. Now Therefore Be It Resolved: That the City of Buffalo Common Council hereby consents to the relocation of Dansa & D'Arata LLP from 1230 Delaware Avenue, Buffalo, New York to 361 Delaware Avenue, Buffalo, New York, located within a City of Buffalo Empire Zone; and Be It Further Resolved: That certified copies of this resolution be forwarded to Dansa & Darata and the Buffalo Economic Renaissance Corporation; and Be It Finally Resolved: That this resolution shall take effect immediately. PASSED AYES - 9 NOES -0 NO. 130 BY: COUNCILMEMBER BRIAN C. DAVIS CITY OF BUFFALO, ON BEHALF OF THE BUFFALO SEWER AUTHORITY, JOINT APPLICATION WITH ERIE COUNTY DEPARTMENT OF ENVIRONMENT AND PLARMING DIVISION OF SEWERAGE MANAGEMENT SHARED MUNICIPAL SERVICES INCENTIVE GRANT FUNDING FOR GEOREFERENCED WATERSHED DATA COLLECTION AND HYDRAULIC MODELING WHEREAS, the Buffalo Sewer Authority is working with the U.S. Environmental Protection Agency to address a Long Term Control Plan for combined sewer overflows; and WHEREAS, such a Long Term Control Plan would provide significant efficiencies if adjoining municipalities sent sanitary flows to the Buffalo Sewer Authority based on a watershed approach; and WHEREAS, costs would be incurred to complete the evaluation and /or implementation of these regional initiatives; and WHEREAS, the New York State Department of State has recognized the benefit of such regional efforts; and WHEREAS, the New York State Department of State has established the Shared Municipal Services Incentive (SMSI) Grant Program to fund up to 90% of the costs associated with similar regional initiatives; and WHEREAS, the SMSI Grant program offers $200,000 per cooperating municipality; and WHEREAS, the City of Buffalo and the County of Erie are eligible for such finding and must apply in a joint application for $400,000 in funding on behalf of the Buffalo Sewer Authority, with the possibility of additional funding for additional partners; and WHEREAS, the City of Buffalo would direct funding, if awarded, to the Buffalo Sewer Authority toward the expenses of data collection and modeling of the watershed throughout the region for the purposes of managing water quality and utilizing Buffalo Sewer Authority excess capacity; and WHEREAS, all matching funding would be incurred by the Buffalo Sewer Authority NOW, THEREFORE BE IT RESOLVED, that the City of Buffalo be authorized to apply as a lead applicant for SMSI grant funding, with County of Erie and Buffalo Sewer Authority as co- applicants; and be it further RESOLVED, that upon notification of any award where the City of Buffalo is the lead applicant, the Mayor is authorized to execute Standard Cost Reimbursement Contract(s) between the City of Buffalo and the Department of State subject to approval as to content by the General Manager of the Buffalo Sewer Authority, and approval as to form by the City Corporation Counsel. PASSED AYES - 9 NOES -0 NO. 131 BY MR. DAVIS SET PUBLIC HEARING "500 BLOCK OF MAIN" LOCAL HISTORIC DISTRICT DESIGNATION (CCP 3,10/30/07) That this Common Council schedule a Public Hearing regarding the "500 Block of Main" for a Local Historic District Designation A Public Hearing is scheduled to take place in the Legislation Committee on January 3, 2008 ADOPTED NO. 132 SPONSOR: MR. GOLOMBE HOLDING NONPARTISAN ELECTIONS FOR ALL CITY OFFICES Whereas: We need to move beyond party politics to move the city of Buffalo forward; and Whereas: Picking up garbage, plowing streets, providing police protection and fighting fires has nothing to do with political party labels; and Whereas: We need new ideas and new energy to reinvent the City of Buffalo. Elections should be about ideas and not be about vote for me because of my party label; and Decl 1, 2007 12/11/2007 Whereas: Political party labels and political party machines that are primarily interested in patronage jobs and candidates willing to rubber stamp their agenda continue to get in the way of moving Buffalo forward; and Whereas: Due to the dominance of one political party in Buffalo, general elections for City offices are typically a non event; and Whereas: In Buffalo a primary election in September with a voter turn out of 20 %, determines most election winners; and Whereas: General elections in Buffalo are about phantom opponents and phantom choices, which is the way party machines and politicians more interested in self preservation like it; and Whereas: As such voters who are not eligible to vote in a primary due to their party affiliation are disenfranchised from having their voice heard in selecting community leaders: and Whereas: Election winners should be determined on who has the best ideas for the future of Buffalo and not by who has the largest number of party members; and Whereas: 41 of the 50 largest cities in the United States with an elected Mayor use nonpartisan elections, including Los Angeles, Houston, Detroit, Boston and Seattle; and Whereas: Public participation in voting is declining and large numbers of the public register to vote without selecting a political party as they are sick of party politics; and Whereas: We have to try a different way to hold elections and more importantly a different way to govern, a way that moves beyond party labels and political patronage in evaluating ideas and candidates; and Whereas: The idea of holding nonpartisan elections in the City of Buffalo for city positions should be presented to the public in the next General election to be held in November of 2008; and Whereas: Holding nonpartisan elections would involve a September election open to all candidates who obtained valid petition signatures regardless of their political party affiliation and open to all voters regardless of their party; and Whereas: The top two vote getters in the September election would then face each other in a November General election; and Now Therefore Be It Resolved That the Buffalo Common Council supports having the issue of holding nonpartisan elections placed on the General election ballot in 2008 for the public to decide and hereby directs the Law Department to undertake the necessary steps to have this issue placed on the ballot. Be It Further Resolved That this item is referred to an appropriate committee of the Council for further discussion and consideration. ADOPT LAST RESOLVE REMAINDER REFERRED TO THE COMMITTEE ON LEGISLATION AND CORPORATION COUNSEL NO. 133 BY: MR. GOLOMBEK CO SPONSORMR DAVIS SUBJECT: RESOLUTION SUPPORTING AND CONCURRING IN THE CITY OF BUFFALO'S APPLICATION FOR REDESIGNATION OF CERTAIN AREAS WITHIN THE CITY OF BUFFALO AS AN EMPIRE ZONE (ZONE #38) WHEREAS, pursuant to Section 961 of the General Municipal Law, the City of Buffalo is authorized, pursuant to Local Law to submit an application for designation of certain areas as an Empire Zone within the meaning of said statute, such designation was approved by the New York State Commissioner of Economic Development and was formally designated by the Empire Zones Designation Board on July 27, 1994; and WHEREAS, The Buffalo Economic Renaissance Corporation on behalf of the City of Buffalo is authorized to amend its Empire Zone boundaries to maximize the advantages of the Empire Zone program; and WHEREAS, The City of Buffalo and The Buffalo Economic Renaissance Corporation have determined that the Empire Zone program should be targeted to assist businesses that will produce new wealth for the City of Buffalo through the creation of new quality jobs and though new investment; and WHEREAS, The City of Buffalo and The Buffalo Economic Renaissance Corporation propose to amend the Empire Zone boundaries to conform to the revised Empire Zone plan; and WHEREAS, such revised boundaries will greatly benefit the City of Buffalo in that new businesses would be encouraged to locate in the zone area, existing businesses would be encouraged to expand in the zone area, and new and expanded businesses would generate new jobs for City of Buffalo residents; and WHEREAS, a draft of the amended Zone Development Plan is hereby authorized to be submitted along with the redesignation application to the New York State Commissioner of Economic Development; and WHEREAS, such redesignation could greatly benefit the City of Buffalo in that new businesses would be encouraged to locate in the zone area, existing businesses would be encouraged to expand in the zone area and new and expanded businesses would generate new jobs for City of Buffalo residents; and WHEREAS, the Buffalo Economic Renaissance Corporation intends to authorize the submission of an application for the redesignation of areas within the City of Buffalo as an Empire Zone; and WHEREAS, the Buffalo Economic Renaissance Corporation wishes to redesignate certain areas within the City of Buffalo as part of the proposed Empire Zone; and WHEREAS, the City of Buffalo is desirous to work with the Buffalo Employment Training Center through the Empire Zone Program to provide enhanced job opportunities for its residents; and NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Buffalo, New York, that it fully supports and concurs in the submission of an application by the BERC for the redesignation of certain areas as an Empire Zone. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 134 BY: MR. GOLOMBEK CO SPONSOR MR DAVIS RESOLUTION SUPPORTING AND CONCURRING IN THE CITY OF BUFFALO'S APPLICATION FOR REDESIGNATION OF CERTAIN AREAS WITHIN THE CITY OF BUFFALO AS AN EMPIRE ZONE (ZONE #74) WHEREAS, pursuant to Section 961 of the General Municipal Law, the City of Buffalo is authorized, pursuant to Local Law to submit an application for designation of certain areas as an Empire Zone within the meaning of said statute, such designation was approved by the New York State Commissioner of Economic Development and was formally designated by the Empire Zones Designation Board on January 8, 2002; and WHEREAS, The Buffalo Economic Renaissance Corporation on behalf of the City of Buffalo is authorized to amend its Empire Zone boundaries to maximize the advantages of the Empire Zone program; and Decl 1, 2007 12/11/2007 WHEREAS, The City of Buffalo and The Buffalo Economic Renaissance Corporation have determined that the Empire Zone program should be targeted to assist businesses that will produce new wealth for the City of Buffalo through the creation of new quality jobs and though new investment; and WHEREAS, The City of Buffalo and The Buffalo Economic Renaissance Corporation propose to amend the Empire Zone boundaries to conform to the revised Empire Zone plan; and WHEREAS, such revised boundaries will greatly benefit the City of Buffalo in that new businesses would be encouraged to locate in the zone area, existing businesses would be encouraged to expand in the zone area, and new and expanded businesses would generate new jobs for City of Buffalo residents; and WHEREAS, a draft of the amended Zone Development Plan is hereby authorized to be submitted along with the redesignation application to the New York State Commissioner of Economic Development; and WHEREAS, such redesignation could greatly benefit the City of Buffalo in that new businesses would be encouraged to locate in the zone area, existing businesses would be encouraged to expand in the zone area and new and expanded businesses would generate new jobs for City of Buffalo residents; and WHEREAS, the Buffalo Economic Renaissance Corporation intends to authorize the submission of an application for the redesignation of areas within the City of Buffalo as an Empire Zone; and WHEREAS, the Buffalo Economic Renaissance Corporation wishes to redesignate certain areas within the City of Buffalo as part of the proposed Empire Zone; and WHEREAS, the City of Buffalo is desirous to work with the Buffalo Employment Training Center through the Empire Zone Program to provide enhanced job opportunities for its residents; and NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Buffalo, New York, that it fully supports and concurs in the submission of an application by the BERC for the redesignation of certain areas as an Empire Zone. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 136 BY MR. GOLOMBEK CO SPONSOR MR DAVIS CITY OF BUFFALO LOCAL LAW NO. (2007) LNTRO. NO. 10 (2007) AMENDING ARTICLE SIX OF THE CHARTER OF THE CIT OF BUFFALO AUTHORIZING THE BUFFALO COMMON COUNCIL TO MAKE APPLICATION FOR REDESIGNATION OF CERTAIN AREAS WITHIN THE CITY OF BUFFALO AS AN EMPIRE ZONE WHEREAS, by Local Law No. 5 of 1994, the City of Buffalo authorized the Buffalo Economic Renaissance Corporation to prepare and submit the City of Buffalo application for designation of the Empire Zone, pursuant to Section 961 of the General Municipal Law, and the creation of such Zone was approved by the New York State Commissioner of Economic Development and such Zone #38 was formally designated by the Empire Zones Designation Board on July 27, 1994; and WHEREAS, The Buffalo Economic Renaissance Corporation on behalf of the City of Buffalo is authorized to amend its Empire Zone boundaries to maximize the advantages of the Empire Zone program; and WHEREAS, The City of Buffalo and The Buffalo Economic Renaissance Corporation have determined that the Empire Zone program should be targeted to assist businesses that will produce new wealth for the City of Buffalo through the creation of new quality jobs and through new investment; and WHEREAS, The City of Buffalo and The Buffalo Economic Renaissance Corporation proposes to amend the Empire Zone boundaries to conform to the revised Empire Zone plan; and WHEREAS, such revised boundaries will greatly benefit the City of Buffalo in that new businesses would be encouraged to locate in the zone area, existing businesses would be encouraged to expand in the zone area, and new and expanded businesses would generate new jobs for City of Buffalo residents; and WHEREAS, a draft of the amended Zone Development Plan is hereby authorized to be submitted along with the re- designation application to the New York State Commissioner of Economic Development; and NOW, THEREFORE, BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO, as follows: Section 1. The Buffalo Economic Renaissance Corporation is hereby authorized and empowered to submit an application for re- designation of certain areas within the City of Buffalo as an Empire Zone; provided, however, that such authorization and empowerment shall be conditioned upon the concurrence, through properly adopted resolution(s) with respect to such application of the governing bodies of any and all cities, towns and villages in which such zone is located. Section 2. The boundaries of said areas to be included in said Empire Zone #38 shall be as set forth in Schedule A, which is attached hereto and made a part hereof. Section 3. Pursuant to requirements of Section 963(a) of the General Municipal Law, Timothy E. Wanamaker shall continue to serve as the Local Empire Zone Certification Officer of the City of Buffalo Empire Zone, and shall, pursuant to the regulations promulgated pursuant to Article 18 -B of the General Municipal Law, perform the following duty, to wit: certify, jointly With the New York State Commissioner of Economic Development and the New York State Commissioner of Labor, those businesses enterprises that are eligible to receive those benefits referred to in Section 966 of the General Municipal Law and any other applicable statutes. Section 4. Pursuant to Article 18 -B of the General Municipal Law, the Local Empire Zone Administrative Board as presently constituted is hereby continued. The Local Empire Zone Administrative Board, pursuant to Section 963(a) of the General Municipal Law, as amended, shall approve for certification by the Zone Certification Officer, the New York State Commissioner of Economic Development, and the New York State Commissioner of Labor, the applications of those businesses eligible for certification to receive the benefits referred to in Section 966 of the General Municipal Law, and shall perform all other duties required of it pursuant to Section 963(b) of the General Municipal Law, Section 5. This local law shall take effect upon filing in the Office of the Secretary of State as provided by Section 27 of the Municipal Home Rule Law. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT BY: MR. GOLOMBEK: COSPONSOR MR. DAVIS NO. 136 CITY OF BUFFALO LOCAL LAW NO. -- (2007) INTRO. NO. 11 (2007) Decl 1, 2007 12/11/2007 AMENDING ARTICLE SIX OF THE CHARTER OF THE CITY OF BUFFALO AUTHORIZING THE BUFFALO COMMON COUNCIL TO MAKE APPLICATION FOR RE- DESIGNATION OF CERTAIN AREAS WITHIN THE CITY OF BUFFALO AS AN EMPIRE ZONE WHEREAS, by Local Law No. 5 of 2000, the City of Buffalo authorized the Buffalo Economic Renaissance Corporation to prepare and submit the City of Buffalo application for designation of the Empire Zone, pursuant to Section 961 of the General Municipal Law, and the creation of such Zone was approved by the New York State Commissioner of Economic Development and such Zone #74 was formally designated by the Empire Zones Designation Board on January 8, 2001; and WHEREAS, The Buffalo Economic Renaissance Corporation on behalf of the City of Buffalo is authorized to amend its Empire Zone boundaries to maximize the advantages of the Empire Zone program; and WHEREAS, The City of Buffalo and The Buffalo Economic Renaissance Corporation have determined that the Empire Zone program should be targeted to assist businesses that will produce new wealth for the City of Buffalo through the creation of new quality jobs and though new investment; and WHEREAS, The City of Buffalo and The Buffalo Economic Renaissance Corporation proposes to amend the Empire Zone boundaries to conform to the revised Empire Zone plan; and WHEREAS, such revised boundaries will greatly benefit the City of Buffalo in that new businesses would be encouraged to locate in the zone area, existing businesses would be encouraged to expand in the zone area, and new and expanded businesses would generate new jobs for City of Buffalo residents; and WHEREAS, a draft of the amended Zone Development Plan is hereby authorized to be submitted along with the re- designation application to the New York State Commissioner of Economic Development; and NOW, THEREFORE, BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO, as follows: Section 1. The Buffalo Economic Renaissance Corporation is hereby authorized and empowered to submit an application for re- designation of certain areas within the City of Buffalo as an Empire Zone; provided, however, that such authorization and empowerment shall be conditioned upon the concurrence, through properly adopted resolution(s) with respect to such application of the governing bodies of any and all cities, towns and villages in which such zone is located. Section 2. The boundaries of said areas to be included in said Empire Zone #74 shall be as set forth in Schedule A, which is attached hereto and made a part hereof. Section 3. Pursuant to requirements of Section 963(a) of the General Municipal Law, Timothy E. Wanamaker shall continue to serve as the Local Empire Zone Certification Officer of the City of Buffalo Empire Zone, and shall, pursuant to the regulations promulgated pursuant to Article 18 -B of the General Municipal Law, perform the following duty, to wit: certify, jointly with the New York State Commissioner of Economic Development and the New York State Commissioner of Labor, those businesses enterprises that are eligible to receive those benefits referred to in Section 966 of the General Municipal Law, and any other applicable statutes. Section 4. Pursuant to Article 18 -B of the General Municipal Law, the Local Empire Zone Administrative Board as presently constituted is hereby continued. The Local Empire Zone Administrative Board, pursuant to Section 963(a) of the General Municipal Law, as amended, shall approve for certification by the Zone Certification Officer, the New York State Commissioner of Economic Development, and the New York State Commissioner of Labor, the applications of those businesses eligible for certification to receive the benefits referred to in Section 966 of the General Municipal Law, and shall perform all other duties required of it pursuant to Section 963(b) of the General Municipal Law, Section 5. This local law shall take effect upon filing in the Office of the Secretary of State as provided by Section 27 of the Municipal Home Rule Law. Schedule A (3) Zone 74 The boundaries of Zone 74 shall be defined as those parcels in The City of Buffalo described by the SBL numbers and addresses listed below REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 137 BY MR. FONTANA DISCHARGE LEGISLATION COMMITTEE ITEM #1 C.C.P. NOVEMBER 13, 2007 "APPT MEMBER BD OF PKG (MAYOR)" Whereas The above item is currently in the Legislation 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 Legislation Committee from further consideration of Item 1, C.C.P. November 13, 2007 "Appt Member Bd of Pkg (Mayor)" and said item is now before the Common Council for its consideration. ADOPT DISCHARGE APPROVED PASSED AYES - 9 NOES -0 NO. 138 BY: MR. KEARNS RE: THE BUFFALO SKYWAY MAINTENANCE AND CLOSURE ISSUES Whereas: Throughout the country there is growing interest regarding the Federal and State Departments of Transportation infrastructure rightsizing initiatives especially when the arteries to be constructed or reconstructed are intended to reduce construction and maintenance cost and reduce congestion and improve traffic flow; and Whereas: The Skyway Bridge and the NYS Route 5 corridor are included in these efforts by virtue of their need for substantial and on- going maintenance and the anticipated reduction in expected traffic volume as a result of changing traffic patters from the elimination of tolls on adjacent and alternative roadways; and Whereas: National Grid officials recently met with the New York State DOT and Buffalo Department of Public Works to discuss the continued deterioration of the street lighting conduit which has minimized and severely impacted the ability to maintain proper electrical lighting for users of the Skyway Bridge and the NYS Route 5 corridor; and Whereas: In a letter to Mr. John J. Picard, P.E., Regional Bridge Maintenance Engineer Department of Transportation State of New York, Mr. Ronald Lelonek of National Grid states "The company's main concern is our inability to provide safe and reliable street lighting service to the City of Buffalo on this major artery "; and Whereas: It understood that the NYS Department of Transportation is the owner of the standards, foundations and conduit system as these faculties were installed as part of the original NYS funded construction. It is also understood that pursuant to an agreement with the NYSDOT, that the maintenance and replacement of certain state -owned lighting is the responsibility of the City of Buffalo.; and Decl 1, 2007 12/11/2007 Whereas: As the winter season approaches, the combination of decreased visibility, wind conditions, blind spots and snow storms together with the lack of proper lighting, increases the risk to users of these roadways; Whereas: As a result of potentially unsafe conditions, and to protect the users of this roadway and eliminate the potential for accidents, the City of Buffalo Police Department has had to remove from patrol service, four police vehicles from the A District and two police vehicles from the B district to restrict access to this roadway; and Whereas: The removal of approximately six police officers and their police vehicles from service severely impacts their ability to suppress crime and reduces the amount of available ¢, , manpower and equipment to respond to other emergencies. - (,(x -, -( ON WATERFRONT DEVELOPMENT AND THE COMMISSIONER OF PUBLIC WORKS Now, Therefore, Be It Resolved: That the Common Council hereby respectfully requests that the New York State Department of Transportation offer their public comment on the issues cited herein to include a notification of the expected release date for the departments soon to be completed study of the Skyway Bridge and its anticipated life- cycle. Now, Therefore, Be It Further Resolved: That the City of Buffalo Department of Public Works also offer comment on the street lighting service issues addressed in the November 5, 2007 letter from National Grid. Now, Therefore, Be It Finally Resolved: That the City of Buffalo Police Department provide this Honorable Body with statistical information regarding manpower, equipment and safety issues that result from temporary closure of the Skyway Bridge. ADOPT LAST RESOLVE THE REMAINDER REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT AND THE COMMISSIONER OF PUBLIC WORKS BY: Ms. RUSSELL 00139 BUDGET AND PERSONNEL AMENDMENT 03 - MAYOR 1501 - EXECUTIVE OFFICE 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 03 - Mayor Executive -1501 - Executive Office which currently reads: IT IS HEREBY CERTIFIED, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. 1 Research Manager $50,000 is hereby amended to read 1 Director of Government Research and Analysis $65,000 It is hereby Certified pursuant to section 3 -19 of the charter, that the immediate passage of the foregoing ordinance is necessary 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 BYRON W. BROWN, MAYOR 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. Approved as to form PASSED AYES - 9 NOES -0 NO 140 BY MRS RUSSELL BUDGET AND PERSONNEL AMENDMENT 03 - MAYOR EXECUTIVE 1519 - CITIZEN SERVICES 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 03 - Mayor Executive 1519 - Citizen Services which currently reads: 1 Director of Support Services $43,723 - $51,200 Is hereby certified to read 1 Coordinator of Anti - Graffiti and Clean City Programs $43,723 - $51,200 IT IS HEREBY CERTIFIED, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. That a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, ha 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 TIMOTHY E. WANAMAKER, EXECUTIVE DIRECTOR 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. APPROVED AS TO FORM PASSED AYES - 9 NOES -0 BY: MS. RUSSELL NO. 141 BUDGET AND PERSONNEL AMENDMENT 01 - LEGISLATIVE 1014 - COUNCILMEMBER # 13 The Common Council of the City Of Buffalo does ordain as follows: Decl 1, 2007 12/11/2007 That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 01 - Legislative- 1014 - Councilmember # 13 which currently reads: 2 Legislative Assistant $ 34,631 Is hereby amended to read: 1 Legislative Assistant $ 34,631 1 Legislative Aide $ 30,258 This Salary Ordinance will be effective January 1, 2008 IT IS HEREBY CERTIFIED, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. 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 GERALD A. 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. Approved as to Form PASSED. AYES - 9 NOES -0 BY MRS RUSSELL NO. 142 BUDGET AND PERSONNEL AMENDMENT 20 - POLICE 1103 - PATROL SERVICES 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 20 - Police - 1103 - Patrol Services which currently reads: 527 Police Officer $ 45,733 - $ 59,949 Is hereby amended to read: 571 Police Officer $ 45,733 - $ 59,949 IT IS HEREBY CERTIFIED, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. 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 H. MCCARTHY GIPSON, COMMISSIONER OF POLICE AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADME— STRATION 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. APPROVED AS TO FORM PASSED AYES - 9 NOES -0 NO. 143 SPONSOR: MR. SMITH THE FRIENDS TO THE ELDERLY LEASE AMENDMENT Whereas: The Friends to the Elderly (The Friends Inc) currently leases the City owned facility identified as 118 East Utica Street for the purpose of operating and managing the facility to conduct youth and family programs for the surrounding residents and taxpayers of the City of Buffalo, NY; and Whereas: The Friends Inc. pursuant to the terms of their operating agreement may not sublease nor may they collect any rents for this facility unless specifically authorized to do so by the Common Council of the City of Buffalo, NY; and Whereas: The Friends operating and lease agreement requires the Friends to furnish and provide substantial safeguards to protect the City, its taxpayers and facility users from harm and damage, financial or otherwise; and Whereas: The Friends is currently requesting permission to sublease the 118 East Utica Street facility to the Lakeshore Behavioral Health Inc. Whereas: The rent generated from said sublease would be sufficient to cover the added expense and burden of wear, tear, maintenance and insurance on the facility and the related increase in utility costs for gas, electric, water, sewer and refuse disposal; and Whereas: The longstanding relationship the City has had with the Friends has been beneficial to all parties and the City desires to continue this beneficial relationship. Now Therefore Be It Resolved: That this Common Council hereby approves the Friends request to sublet a portion of 118 East Utica Street to Lakeshore Behavior Health Inc. pursuant to section 10 of their current operating and lease agreement. Be It Further Resolved: That this approval is conditioned on the Friends remitting these rents to the City in the form of payment of the utility costs identified as gas, electric, water, sewer and refuse disposal for the 118 East Utica facility. Be It Further Resolved: That this Common Council hereby directs the Mayor and the Division of Real Estate to prepare the appropriate lease amendment to incorporate the intent of the parties as enumerated herein for the duration of the current lease agreement between the City of Buffalo, NY and Friends Inc for the operation of 118 East Utica Street Facility. REFERRED TO THE COMMITTEE ON FINANCE NO. 144 BY MR. SMITH FELICITATIONS /!N MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Decl 1, 2007 12/11/2007 Felicitation for STEPHANIE SMOTHERS By Councilmember DEMONE SMITH GERALD CHWALINSKI ADOPTED NO. 145 BY: DEMONEA SMITH 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 Total: 4 M DeAnna Eason Frank Sims Frank Merriweather Sabrina Wczosek Total 4 ADOPTED NO. 146 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31,2008, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo ADOPTED David Clabeau Shana Amer Michael Abrams Kim Bernas Tiana Evans Shirley Biela Megan Spencer Marta Golab Dawn Piatkowski Lori Maconaghy TOTAL10 ADOPTED NO. 147 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. Regular Committees Committee on Civil Service Tuesday, Dec 18, 2007 at 9:45 o'clock A.M. Committee on Finance Tuesday, Dec 18, 2007 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, Dec 18, 2007 at 1:00 o'clock P.M. Committee on Legislation Tuesday, Dec 18, 2007 at 2:00 o'clock P.M. (Public Disclaimer) 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 pro(Public Disclaimer): All vided. In addition, there may be meetings set up wherebv the Citv 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. 148 ADJOURNMENT On a motion by Mr. Bonifacio, Seconded by Mr Golombek, the Council adjourned at 3:40 pm GERALD CHWALINSKI CITY CLERK Decl 1, 2007 11/27/2007 BOARD OF POLICE AND FIRE PENSION PROCEEDINGS #10 OFFICE OF THE MAYOR -201 CITY HALL DECEMBER 13, 2007 Present: Honorable Byron Brown, Mayor, Alisa A. Lukasiewicz, Corporation Counsel; 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 December 2007 amounting to $5,610.00, and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes -4. Noes -0. NO. 2 1 transmit herewith the Pension Payroll for the Police Pension Fund for the month of December 2007 amounting to $3,760.00, respectively, and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes -4. Noes -0. NO. 3 On motion by Mr. Chwalinski the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m. November 27 2007