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Home My WebLink About08-0205-SS020702/05/08 No. 3 PROCEEDINGS OF THE CITY OF BUFFALO February 5, 2008 SPECIAL SESSION FEBRUARY 7, 2008 Feb 5, 2008 02/05/08 MAYOR Hon. Byron W. Brown COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL FILLMORE DISTRICT DAVID A. FRANCZYK PRESIDENT PRO TEMPORE SOUTH DISTRICT MICHAEL P. KEARNS MAJORITY LEADER LOVEJOY DISTRICT RICHARD A. FONTANA DISTRICT COUNCIL MEMBERS BRIAN C. DAVIS — ELLICOTT DEMONE A. SMITH — MASTEN MICHAEL J. LO CURTO — DELAWARE JOSEPH GOLOMBEK JR. — NORTH DAVID A. RIVERA- NIAGARA BONNIE C. RUSSELL REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Brian C. Davis, Michael P. Kearns, David A. Rivera, Joseph Golombek Jr. - Members CLAIMS COMMITTEE: David A. Rivera Chairman, Michael P. Kearns, Richard A. Fontana, Bonnie E. Russell,- Members COMMUNITY DEVELOPMENT COMMITTEE: Michael LoCurto, Chairman, Richard A. Fontana, Joseph Golombek Jr., David A. Rivera, Demone Smith - Members FINANCE COMMITTEE: Michael P. Kearns, Chairman, Brian C. Davis, Michael J. LoCurto, David A. Rivera, Bonnie E. Russell - Members. LEGISLATION COMMITTEE: Joseph Golombek Jr., Chairman, Brian Davis, Richard A. Fontana, Michael LoCurto, David Rivera - Members. RULES COMMITTEE: David A. Franczyk, Chairman, Michael P. Kearns, Richard A. Fontana - Members SPECIAL COMMITTEES BUDGET COMMITTEE: Richard A. Fontana., Chairman, Michael P. Kearns, Michael J. LoCurto, Demone Smith - Members MINORITY BUSINESS ENTERPRISE COMMITTEE - ,Demone Smith Chairman Brian C. Davis, Richard A. Fontana, Joseph Golombek, Jr, David A. Rivera, Members EDUCATION COMMITTEE ;Demone Smith Chairman, Brian C. Davis, Richard A. Fontana, Members WATERFRONT DEVELOPMENT COMMITTEE — Michael P. Kearns, Chairman, Brian C. Davis, Joseph Golombek, jr, David A.Rivera, members Feb 5, 2008 02/05/08 INVOCATION - PLEDGE TO FLAG - FINAL "FEBRUARY 5, 2008 "' 45- 39A. M. Kearns - Disclosures for City Emp or Rel. of City Employ Receiving Finan Assist for Feb 5, 2008 2:00 PM MAYOR 1. Budget & Personnel Amend to Inc Seasonal Empl to Living Wage R &F 2- 1A Amend Ch 511 /City Code to Restrict Docking of Vessels in Bflo Coastal Rev Dist LEG 3- 2. Designation of Nominees for Appoint to the Bd of Trustees of the Bflo & EC Library LEG,COLL MAYOR - EXECUTIVE 4- 2A Board of Parking- Response- Concerns Sale of Main Place Ramp FIN 5- 3. Cit Serv- Approval of a Contract for a 311 CRM System APP 6- 4. Plan Bd- Negative Declaration 889 Seneca Street(Fill) R &F 7- 5. Plan Bd- Negative Declaration 393 Swan St, 226, 234, 240, 244, 258 ,262,268,271,276,277,281,289, 293,306 Myrtle Ave(Ell) R &F 8- 6. Strat Plan- 2008 -2009 Annual Action Plan CD 9- 7. Strat Plan- Revised 2008 -2009 Annual Action Plan(Yr 34 Comm Dev Block Grant) CD 10- 8. Strat Plan- Draft Res. For Support of Preserve America Comm. Designation CD 11- 9. Strat Plan - Results of Neg 433 Swan(Ell) CD COMPTROLLER 12- 10. Cert of Nec- Cty Clk- Common Council -Leg R &F 13- 10A Certificate of Exclusion of the State Comptroller ($27,092,695) FIN PUBLIC WORKS 14- 11. Notification Serial #10204 (waive 45 days) R &F 15- 12. Permission to Hire Consultant City Hall Facade Restor. Phase #2 APP 16- 13. Report of Bids Sportsfield Bleachers(citywide) APP 17- 14. Change in Contract Franczyk Park Env Remed.(Fill) APP 18- 15. Water Intake Power Generator CD 19- 16. Appt Truck Driver(Temp)(Max)(Norman) CS 20- 17. Appt Truck Driver(Temp)(Inter)(Buchnowski) CS POLICE 21- 18. Appts Police Lieutenant (Perm)(Flat)(Rosenswie II )(Panus)(Kochersberger)(Piech) CS 22- 19. Appts Detective(Perm)(Flat)(Mourgas)( Buyers)( Biggs)( Lapiana )(Pittorf)(Supples)(Wrest) (Sterlace)(Hall) CS 23- 20. Appts Police Lieutenant( Perm)( Flat)( Giallella )(Kent)(Szyszkowski)(Kopp) CS 24- 21. Appts Police Lieutenant(Cont Perm)(Flat)(Blake)(O'Rourke) CS 25- 22. Appt Detective(Cont Perm)(Flat)(Kiefer) CS 26- 23. Appt Police Lieutenant(Cont Perm)(Flat)(Morlock) CS PERMITS & INSPECTIONS 27- 24. Food Store & Meat, Fish & Poultry Licenses LEG 28- 25. Food Store License 845 Jefferson(Ell) LEG 29- 26. Restaurant Dance License(Renewal) 2897 Bailey(Univ) LEG 30- 27. Restaurant Dance Class 111 596 Genesee (Ell) APP W /COND 31 -28. Used Car Dealer 1905 Genesee(Lov) LEG CITY CLERK 32- 29. Liquor License Applications R &F 33- 30. Leaves of Absence R &F 34- 31. Reports of Attendance R &F 35- 32. Notices of Appointments - Mayor's Program R &F 36- 33. Notices of Appointments - Seasonal R &F 37- 34. Notices of Appointments - Temp. /Prov. /Perm. CS 38- 34A. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 39- 35. J. Brown -Info COB Police Examination LEG 40- 36. B. Davis -K. Barnes - Acquisition of 516 -518 Spring Street(Ell) CD,OSP 41- 37. B. Davis -C. Brown - Community Support for COB to Sell 390 Hudson St. to Howarth Colon of 388 Hudson St CD,OSP 42- 37A B. Davis - Seneca One Parking Ramp 177 - Washington St FIN,PKBD 43- 38. J. Golombek -J. Cason - Concerns Application to Acquire 29.32 Acre Parcel in Monticell, NY CD 44- 39. J. Golombek -C. Artman- Guidance on Taking Off - Reservation Land into Trust for Gaming Purp CD 45- 39A. M. Kearns - Disclosures for City Emp or Rel. of City Employ Receiving Finan Assist for Feb 5, 2008 02/05/08 Quality Review Act Reg the Adoption & Implem Of The S. Bflo Brownfield Roofing Repair or Replacement FIN 46- 39B. M. Kearns - Article- Transportation to Improve Community Articles CD 47- 39C M Kearns -S. Manka -Use 1670 Seneca St -Fast Food Facility(South) APP 48- 40. M. LoCurto- Info - Second Hand Dealer License LEG,EDPI 49- 40A F. Poincelot- Retiring From COB R &F 99- 52A LoCurto PETITIONS 50- 41. T. Ciminelli, Agent, Use 1829 Main St. for a Ground Sign(Mas)(No Pub Hrg) LEG,CPBD 51- 42. B. Davis -C. Brown & O -Sale of 390 Hudson St to Mr. Howarth Colon(Ell) CD,OSP 52- 43. M. LoCurto -J. Rouche & O- Request Change in Parking Regulations on Harvest Ave(Del) LEG 53- 44. B. Nowak -King & O Create Green Jobs in EC CD 101 -54. Russell RESOLUTIONS FIN 86- 45. Davis HRM Reg NYS Leg to App Assembly & Senate Bill Auth. The Exp of Proceeds APP From Budget and Personnel Amendment Various Depts APP 104 -55A Smith Bonds Issued by the COB for the Rehab. & Constr. Of Sts /Curbs /Sidewalks ADOPT 87- 46. Davis NYS Request for Application for the NY Main St. Grant in 2008 ADOPT 88- 47. Fontana Excuse Councilmember Bonnie E. Russell ADOPT 89- 47A. Fonatana,etc Auth. Res. 1 sc Amend. To Ground Lease of Schools & Amended and Restated ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETING State & Trust Agree. For Phase III -B of Bflo Schs Redevel Project APP 90- 47B. Franczyk,etc Designate February 7, 2008, as "National Black HIV /AIDS Awareness Day" 54- 1. Com 27 Jan 22 Appt Supervisor of Street Sanitation I(Prov)(Max)(Miller)(PW) in Buffalo, New York ADOPT 91- 48. Golombek,etc COB Preserve America Designation Application ADOPT 92- 48A Golombek Intermunicipal Agmt /Black Rock Canal Park Feasibility Study APP 93- 48B Golombek Appt Legislative Aide (Cozza) ADOPT 94- 49. Kearns Appoint Marriage Office(Kelley)(Olivencia,Jr) ADOPT 95- 50. Kearns Declaring COB Council's Intent to Act as Lead Agency Pursuant to the NYS FILL.,REM RECOMMIT Envir. 58- 5. No 69 Dec 26 Quality Review Act Reg the Adoption & Implem Of The S. Bflo Brownfield Feb 5, 2008 Opp. Area Master Plan ADOPT 96- 51. Kearns Transfer of Funds - Common Council- Legislative APP 97- 51A Kearns,etc Ord Amend Ch 511 Zoning -Bflo Coastal Spec Rev District LEG,ZONING,PLBD,EC 98- 52. LoCurto Appt Assistant Legislative Aide (Alagna) ADOPT 99- 52A LoCurto Urging the Adoption of Bill Supporting Creation of an Indep. Public Defense Comm ADOPT 100 -53. Rivera,etc Fees Associated with Refund Anticipation Loans ADOPT ND 1ST & 2 Res, REM LEG,CC 101 -54. Russell Budget and Personnel Amendment HR -Comp FIN 102 -54A Russell Budget and Personnel Amendment CM # 4 APP 103 -55. Russell Budget and Personnel Amendment Various Depts APP 104 -55A Smith Payment of Real Prop Taxes, Fees, Charges and Other Amounts By CC & Elec Ck LEG,CC 105 -56. Smith Comm of Deeds - Public Duties ADOPT 106 -57. Smith Comm of Deeds ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETING CIVIL SERVICE 54- 1. Com 27 Jan 22 Appt Supervisor of Street Sanitation I(Prov)(Max)(Miller)(PW) APP 55- 2. Com 40 Jan 22 Notices of Appointments Temp /Prov /Perm(Cty Clk) R &F 56- 3. Com 14 Jan 8 Appt Administrative Assistant (Perm)(Max)(Bucino)(PW) APP FINANCE 57- 4. Com 14 Jan 22 Results Real Estate Auction September 22, 2007(Strat Plan) APP 98 PHYLIS,DENY 525 FILL.,REM RECOMMIT 58- 5. No 69 Dec 26 Results Neg -401 Busti(Strat Plan)( #6,5/29)( #105,6/12) ( #115,6/26)( #106,12/11) APP 59- 6. Com 15 Dec11 Results of Neg 237 Masten (EII)(Strat Plan) RECOMMIT 60- 7. Com 3 Dec 26 Results Real Estate Auction September 22, 2007 APP 10 GIRARD, 120 GOEMBEL, 653 GOODYEAR REM RECOMMIT 61- 8. No 97 Dec 11 Results -Real Estate Auction 9 /22 /07(Strat Plan) 260 Laurel, 248 Northampton & 533 Riley Only ( #6, 11/27) RECOMMIT 62- 9. Com 9 Oct 2 Results Neg 177 Northampton (Ell)( Strat Plan) RECOMMIT COMMUNITY DEVELOPMENT 63 -10. Com 1 Jan 22 2008 -2009 Annual Action Plan(Yr 34 Community Development Block Grant)(Mayor) R &F 64 -11. Com 29 Jan 22 Re -entry Grant with BERC and Department of Community Services(Pol) R &F 65 -12. No 46 Jan 22 NYSDEC Resolution Supporting the Eligibility of 432 Pearl St and 267 Franklin St in NYS Brownfield Cleanup Program R &F Feb 5, 2008 02/05/08 66- 13. Res 88 Jan22 67- 14. No 102 Dec 11 RECOMMIT LEGISLATION 68 -15.No 48 Jan 22 69- 16. Com 4 Jan 22 Bd(Colston)(CitServ) 70- 17. No 32 Jan 22 71- 18. No 33 Jan 22 72- 19. No 50 Jan22 73- 20. Res 84 Jan 22 74- 21. No 25 Jan 8 75- 22. Com 1 Dec 11 76- 23. No 52 Oct 30 77- 24. Com 18 Oct 30 78- 25. No 42 Oct 30 79- 26. No 48 Oct 30 80- 27. Com 23 Oct 16 81- 28. Res 104 Sept 18 82- 29. No 102 Sept 4 83- 30. Res 126 June 26 84- 31. Res 102 May 15 85- 32. Com 27 Apr 17 Key Bank Departure From Broadway Market ADOPT Results Negotiations -444 Woodlawn(Masten)(St Plan) ( #13,6/12)( #111,6/26)( #130,7/24)( #81,9/18) J. Kanutso, Agent, Use 2299 S Park AKA 2301 S. Park, Alterations to an Existing Rest. (South)(Hrg 1/29) APP Appt Commission on Citizens' Rights & Comm Relations Feb 5, 2008 APP Restaurant Dance License(Renewal) 120 Church (EII)(EDPI) APP Used Car Dealer 908 Genesee(Fill)(EDPI) APP W /COND D. Bradley & O- Oppose Development of Property Surrounding NFTA Railroad Properties R &F Davis Ord Amend -Ch 437, Taxicabs, Liveries, and Sightseeing Buses APP K. Watson, Owner, Use 228 Doat St for a HSF(Lov)(No Pub Hrg) R &F Appointments Buffalo Preservation Board(Singleton)(Watts)(Mayor) APP Judah Christian Fellowship, Inc, Use 1105 Broadway for a HSF (Fill)(No Pub Hrg) R &F Filing Copies - Council & CitiStat Meetings(PW) R &F J. Golombek -D. Smith -Info Re RFP 181 Ellicott St(Ell) R &F A. Randaccio -NFTA Re Service at Bus Terminal 181 Ellicott St R &F Proposed Change in Traffic Direction -West Chippewa St(EII)(PW) R &F Filing Copies of Council & CitiStat Meeting Tapes With The City Clerk (Exec 1 sc and 2 nd Res) R &F J. Guastaferro- Agent -Use 319 Elm, Convert 2 nd FI to a Human Serv. Fac. (EII)(No Pub Hrg) R &F Ordinance Amendment - Chapter 454 -Tow Trucks R &F Block Battaglia Garbage Scheme Part II (Exc. 1 2 nd & 7 Res) ADOPT Rest. Dance Class III -777 Main St. (Ell) (EDPI) APP W /COND Feb 5, 2008 02/05/08 COMMON COUNCIL CITY HALL - BUFFALO Tuesday, FEBRUARY 5, 2008 AT 2:00 p.m. PRESENT — David A. Franczyk, President of the Council, and Council Members, Davis, Fontana, Golombek, Kearns, LoCurto, Rivera and Smith — 8 ABSENT — Russell — 1 CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, FEBRUARY 5, 2008 AT 2:00 P.M. Present - David A. Franczyk, President of the Council, and Councilmembers: Davis, Fontana, Golombek, Kearns, LoCurto, Rivera, & Smith - 8 Absent — Russell - 1 On a motion by Mr. Fontana, Seconded by Mr.Golombek , the minutes of the stated meeting held on January 22, 2008 were approved. FROM THE MAYOR NO. 1 BUDGET AND PERSONNEL AMENDMENT TO INCREASE SEASONAL EMPLOYEES TO LIVING WAGE Enclosed for your honorable body's review and approval is a budget and personnel amendment that provides seasonal employees living wage increases retroactive to July 1, 2007. As the Common Council is aware, we have worked diligently to lift the state - imposed wage freeze for all City employees, and with the recent approval of a new contract for the City's crossing guards, it is now time to provide our seasonal workers a salary increase that conforms to the living wage. This amendment wilil affect 92 current employees in 6 City departments with a projected current year cost of $350,205. As your honorable body is aware, seasonal employees are funded through a personnel line dedicated for these purposes. There is $1,784,135 available in the personnel line for seasonal employees, which can clearly sustain the increase projected as a result of this amendment. Furthermore, as this amendment does not increase the budget lines established for personnel and is in compliance with the City's four -year financial plan, BFSA approval is not required. I urge your honorable body approve this amendment at your earliest opportunity, and thank you for your consideration of this very important matter RECEIVED AND FILED NO. 2 AMEND CHAPTER 511 OF THE CITY CODE TO RESTRICT THE DOCKING OF VESSELS IN THE BUFFALO COASTAL SPECIAL REVIEW DISTRICT This past Friday, Congressman Higgins and I accompanied the City's Assistant Harbormaster and a Chief Building Inspector on a site inspection of an unsightly and derelict vessel moored near Fuhrmann Boulevard on our waterfront. A thorough inspection ensued and a notice of violation will be served on those responsible to the fullest extent of current applicable law. In addition to this immediate action, I believe it is critical to enact measures providing long -term solutions that will assist us in preventing these types of problems in the future. My staff has conducted extensive research and has advised me that the City's Coastal Special Review District Ordinance can be amended to require restricted use permits for this type of conduct in the future. Our office has taken the liberty of drafting an appropriate ordinance amendment that would achieve this purpose, which has been approved as to form by the Corporation Counsel and attached for your review and approval. I therefore request that Your Honorable Body take the necessary steps to enact this legislation at your earliest opportunity. I thank you for your anticipated support of my legislative initiative. REFERRED TO THE COMMITTEE ON LEGISLATION, NO. 3 DESIGNATION OF NOMINEES FOR APPOINTMENT TO THE BOARD OF TRUSTEES OF THE BUFFALO AND ERIE COUNTY LIBRARY Pursuant to Section 6212 of the Unconsolidated Laws, being Chapter 768, Section 2 of the Laws of 1953, transmitted herewith are my designated nominees to the Board of Trustees of the Buffalo and Erie County Public Library. The County Executive, subject to confirmation by the County Legislature, will appoint one nominee for a term expiring December 31,2012. Elaine M. Panty, 28 Henrietta Avenue Buffalo, NY 14207 Feb 5, 2008 02/05/08 Elaine Panty currently serves as the Senior Clerk /Secretary to the Pumping Plant Superintendent at the Colonel Ward Pumping Station and has been employed by the City of Buffalo since 1979. She currently serves as a member of the Board of Trustees and continues to be a strong advocate for the Buffalo and Erie County Public Library. Susan Gonzalez „311 Lakefront Boulevard Buffalo, NY 14202 Susan Gonzalez is the Director of Recreational Programming for the Department of Community Services and Coordinator of Special Events for the City of Buffalo. Melanie Gregg, 56 Brantford Apt. 8 Buffalo, NY 14222 Melanie Gregg is the Marketing Manager for the Buffalo Urban Renewal Agency. I hereby certify that the above designees are fully qualified to serve as members of the Board of Trustees of the Buffalo and Erie County Library. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DIVISION OF COLLECTIONS FROM THE MAYOR - EXECUTIVE DEPARTMENT NO. 4 BOARD OF PARKING - RESPONSE TO ITEM #20, C.C.P. 1/8/08 AND ITEM #47, C.C.P. 1/22/08 In response to your correspondence dated January 9, 2008; "P. Hotung - Proposal to Acquire COB's Remaining Interest in the Main Place Parking Ramp "; (Item #20, C.C.P. 1/8/08) please be advised of the following: At the meeting of the Board of Parking on December 19, 2007 the stated proposal was distributed to all members in attendance and mailed to those excused or absent. Discussion was tabled at that time to give members time to read the proposal. The item was tabled. In response to your correspondence dated January 23, 2008; "C. Paladino- Concerns Sale of Main Place Mall Ramp ", (Item #47, C.C.P. 1/22/08)" please be advised of the following: At the meeting of the Parking Board on January 30, 2008, Board Chair distributed copies of the correspondence from Mr. Paladino to all members in attendance. Discussion was tabled at that time to give members time to read the correspondence. The item was also tabled. Due to the multiple offers on the table in regard to various ramps within the City's municipal parking system, it was the consensus of all Board of Parking members at the meeting of January 30, 2008 for all members to study the Desman Associates - City of Buffalo Parking Study of 2006. The Board Chair will contact Desman Associates in cooperation with our City's administration regarding enlisting their services to update previous study information due to the drastically changing landscape in the past 18 months of the core downtown business and now residential district in our city. REFERRED TO THE COMMITTEE ON FINANCE NO. 5 APPROVAL OF A CONTRACT FOR A 311 CUSTOMER RELATIONSHIP MANAQEMENT (CRM) SYSTEM The Office of Mayor, Division of Citizen Services hereby submits for your Honorable Body's review and approval a contract with Lagan Corporation to provide the City of Buffalo with a new Customer Relationship Management -Case Management (CRM) system. Over the past year, the City of Buffalo has toiled aggressively to research, design and implement a thorough process that would bring a state -of -the art "Best of Breed" 311 system to the City of Buffalo via a competitive and dgorous RFP process. The process included high -level city officials, skilled end users and community members. Input was gathered from a bevy of individual stakeholders representing private and public sector organizations. Through the convening of several panels designed to take a closer look at the various vendors, Lagan Inc. was chosen as the best vendor, based upon experience and best value for the City of Buffalo. Based upon pricing models supplied by the vendor, the total contracted cost of implementation equals $400,000.00. This contract will streamline the City's core service processes through business process re- engineering and replace the city's outdated technology processes with modern technology that will seek customer service improvement within city government. The monies allocated for the software includes a state of the art 311 customer relationship management system, licensing, technical support and training from the vendor. The vendor will work closely with managerial staff from the City of Buffalo to guarantee minimal service interruptions and ensure sufficient support is granted to the Call Center staff. This system is viewed as a customer service improvement strategy within city government. The CRM system will simplify and shorten the time between a resident reporting a problem and receiving a resolution, while improving the delivery of city services both in terms of quantity and quality. The system will also be an effective management tool generating real -time reports that help department heads manage staff, track trends, highlight outstanding performance, target efficiency needs and maximize its resources under the guidance of the CitiStat initiative. The CRM system is fully transparent and will foster accountability. This transparency makes it possible for residents to track the progress of their requests, allow managers to establish customer service goals and oversee the work of their department, and help city administrators render informed decisions regarding the allocation of resources based upon the identification of emerging trends. In order to improve the transparency of services being provided to the public, the Division of Citizen Services will regularly report 311 generated information to the public through the City of Buffalo's website. Feb 5, 2008 02/05/08 The City of Buffalo was awarded an Efficiency Incentive Grant from New York State, through which this contract is being funded. These funds are designed to support city activities to achieve recurring savings through innovations and reengineering. We respectfully request Your Honorable Body approve the proposed contract at your earliest opportunity and authorize the Mayor to execute the same. Mr. Fontana moved That the Mayor is hereby authorized to execute the attached contract with LAGAN for the implementation of a 311 System upon the terms and conditions contained therein PASSED AYES — 8 NOES - 0 FROM THE CITY PLANNING BOARD 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: City View Properties, Office /Retail Building 889 Seneca Street Type of Action: Unlisted - Coordinated Description: City View Properties is proposing to construct a office /retail building located at 889 Seneca Street Buffalo New York. The project will involve the construction of a three -story 90,000 square foot office and retail building with ground floor parking. The building will be constructed at the corner of Smith Street and Seneca Street in the heart of the Larkin District. The ground floor will contain parking, retail and offices with the second and third floor being used exclusively for office space. The design of the building is based on historic industrial Warehouse" architecture. Building materials include various red tones of Quik Brik (masonry product), dark bronze anodized storefront framing, prefinished metal canopies, and an oxidized copper color PVC roof membrane with simulated battens to complete the industrial aesthetic. The structure will be a combination of poured in place post tensioned concrete and steel. Foundations will consist of caissons down to bedrock and grade beams. The site has already been cleared with a prior demolition permit and is ready to build on.. The project will be funded privately and cost approximately $7.5 million. 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: this new building will assist with the continued growth and development of the Larkin District of the City of Buffalo and 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 85 %5085. Dated: January 29, 2008 City Clerk Environmental Management Commission City of Buffalo Economic Development, Permits and Inspections City of Buffalo Public Works, Parks & Streets Young -Wright Architectural RECEIVED AND FILED NO. 7 LEAD AGENCY: ACTION TITLE LOCATION: TYPE OF ACTION: 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: Feb 5, 2008 02/05/08 Home Ownership Zone, Phase II, Myrtle 15 393 Swan Street, 226, 234, 240,244,258, 262, 268, 271,278, 277, 281,289,293, 306, Myrtle Avenue Unlisted - Uncoordinated Description: New Opportunities Community Housing Development Corporation is proposing the construction of fifteen (15) new homes on the vacant lots listed above on Swan Street and Myrtle Street. Buffalo New York. The project will include the construction of new single - family homes that would be sold to low and moderate - income household. There will be no relocation involved with this project and all construction is being conducted on vacant land. All sites will adhere to the Buffalo Urban Renewal Agency Soil remediation Technical Specification Plan and be environmentally clean for construction. The project may also include future upgrades to public utilities, new curbs, sidewalks, lighting improvements, parking improvements as well as encourage current residents to upgrade existing properties in this area. A zoning variance will be required for 234 Myrtle Avenue and 226 Myrtle Avenue. The new homes may attract new residents to the City of Buffalo enhancing our tax base and help to create new businesses in this area. The total cost of this project is approximately 3,700.000. 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 project will help to substantially improve an existing residential neighborhood by making it more visually attractive, and economically viable; eliminate blighting influences and environmental deficiencies; prevent the establishment of incompatible land uses in the project area; insure the orderly development of residential sites, encourage existing residents and any near by businesses to remain in the area as well as create new construction jobs for Buffalo residents. 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 FROM THE OFFICE OF STRATEGIC PLANNING NO. 8 2008 -2009 ANNUAL ACTION PLAN Please accept the attached memo as it relates to the 2008 -2009 Annual Action Plan. ATTACHMENT The U.S. Department of Housing and Urban Development released the 2008 CDBG, HOME HOPWA, ESG and ADDI allocations for each allocations This year the City of Buffalo received a reduction of $824,340 as follows: Last Yr 2007: New 2008 -09: CDBG $16,510,228 CDBG $15,878,255 HOME $4,728,820 HOME $4,574,920 ADDI $60,726 ADDI $24,536, ESG $713,642 ESG $711,365 HOPWA $480,000 HOPWA $507,000 Difference: CDBG (- $631,973) HOME (- $153,900) ADDI (- $36,190) ESG (- $2,277) HOPWA ( +$27,000) The Office of Strategic Planning is currently working with the Mayor's office to deal with how the reductions will be applied; however because of cap requirements in Public Services and Administration & Planning budgets, we know that Public Services lof2 920 City Hall „ 65 Niagara Square " Buffalo, New York 14202 - 3376 " (716) 851 - 5035 " FAX: (716) 851- 5016 budget will be reduced by $100,419 and the Administration & Planning budget by $126,395. We are making the necessary changes to the Administration & Planning budget with a goal to reduce without staff layoffs. I am confident that we will achieve this goal. We are also plan to work with the Mayor and Common Council to make reductions on the Public Services budget to cause as little pain as possible to agencies recommended for funding this year. I believe our recommendation will be fair and will still allow for the most of the programs to receive the funding recommended in the initial Annual Plan. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 9 REVISED 2008 -2009 ANNUAL ACTION PLAN (YEAR 34 COMMUNITY DEVELOPMENT BLOCK GRANT) Attached is the revised proposed spending plan for the City of Buffalo's 2008 -2009 Annual Action Plan in accordance with the allocation of funds set forth by the U.S. Department of Housing and Urban Development. Community Development Block Grant $15,878,255 HOME Investment Partnership Grant 4,574,920 Feb 5, 2008 02/05/08 American Dream Down payment Initiative 24,536 Emergency Shelter Grant 711,365 Housing Opportunities for Persons with AIDS 507,000 Cuts were made in Public Services without reducing any of the previous funding to agencies last year. Cuts were also made in the Administrative & Planning area. Both of these cuts were to bring the amounts into compliance with HUD regulations of 15% and 20% for each are respectively. REFERRED TO THE COMMITTEE ON COMMUNTY DEVELOPMENT. ATTACHMENT NO. 10 DRAFT RESOLUTION FOR SUPPORT PRESERVE OF PRESERVE AMERICA COMMUNITY DESIGNATION The City of Buffalo Office of Strategic Planning respectfully requests that this Honorable Body to approve the attached proposed resolution supporting the designation of the City of Buffalo as a Preserve America community. The Preserve America program is a White House initiative that encourages communities to protect and celebrate heritage, use historic assets for economic development and community revitalization, and encourage people to experience local historic resources through educational and heritage tourist programs. Designation as a Preserve America community will provide recognition for the City of Buffalo and allow the City to become eligible for Preserve America grants. I am recommending that your Honorable Body approve the attached proposed resolution. REFERRED TO COMMITTEE ON COMMUNITY DEVELOPMENT NO. 11 RESULTS OF NEGOTIATIONS 433 SWAN, 466.76' W SPRING VACANT LOT: 26'X 100' ASSESSED VALUATION: $1,400 (ELLICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 433 Swan Street from Mr. Antonio Gonzalez, 435 Swan Street, Buffalo New York 14204. Mr. Gonzalez owns and resides at 435 Swan Street, which is adjacent to 433 Swan Street. He intends to use the vacant lot for additional green space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Fifty Cents ($.50) to One Dollar and Twenty -Five Cents ($1.25), per square foot. The results of our negotiations are that Mr. Gonzalez has agreed and is prepared to pay One Thousand Four Hundred Dollars ($1,400), Fifty -Six Cents ($.56) per square foot for the subject property. Mr. Gonzalez 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 433 Swan Street in the amount of One Thousand Four Hundred Dollars ($1,400). 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 COMMUNITY DEVELOPMENT FROM THE COMPTROLLER NO. 12 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS CITY CLERK - COMMON COUNCIL - LEGISLATIVE We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that it is necessary that the sum of $15,000 be transferred and reappropriated from the City Clerk, as set forth below: From: City Clerk 10220006 - 432004 Engineering & Technical $15.000 To: Legislative - Personal Services $15,000 10102001 - 412002 Hourly Salary Dated: Buffalo, NY, October 2, 2007 RECEIVED AND FILED NO. 13 CERTIFICATE OF EXCLUSION OF THE STATE COMPTROLLER I have submitted the approved Certificate of Exclusion, from the New York State Comptroller's Office. $27, 092,695 represents the amount which will be excluded from the city's bonding limitations for indebtedness. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS Feb 5, 2008 02/05/08 NO. 14 NOTIFICATION SERIAL #10204 INSTALL STOP SIGNS IN WEST PARADE AVENUE AT DODGE STREET MASTEN DISTRICT STOP SIGNS (ALL -WAY) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 9 Section 11 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS VEHICLES ON SHALL STOP BEFORE ENTERING West Parade Avenue Dodge Street This action is being taken to match existing on- street conditions. WAIVE 45 DAYS RECEIVED AND FILED NO. 16 PERMISSION TO HIRE CONSULTANT CITY HALL FAGADE RESTORATION, PHASE 2 JOB #0746 ELLICOTT DISTRICT Permission is hereby requested from Your Honorable Body to retain a consultant to prepare plans and specifications and provide construction assistance for the Second Phase of the City Hall Fagade Reconstruction. This project was approved as part of the Capital Improvement Plan. Funds are available in 38320806 445100 - Buildings. Mr. Fontana moved:.. That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated January 25, 2008 be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to retain a consultant to prepare plans and specifications and provide construction assistance for the Second Phase of the City Hall Fagade Reconstruction. Funds for this project are available in 38320806 445100 - Buildings. PASSED AYES -8 NOES -0 NO. 16 REPORT OF BIDS SPORTSFIELD BLEACHERS (CITYWIDE) I advertised on January 2, 2008 and have received the following bids for the Sportsfield Bleachers contract, which were publicly opened & read on January 16, 2008. General Contractor Base Bid Titan Development, inc $91,000.00 8534 Seaman Road Gasport, NY 14067 Gleason's Nursery, Inc. $97,530.00 4780 Sheridan Drive Williamsville, NY 14221 NewCal Construction, Inc. $98,800.00 10994 Tinkham Road Darien Center, NY 14040 Miller Enterprises, Inc. $107,106.00 12 Newfield Street Buffalo, NY 14207 1 hereby certify the foregoing is a true and correct statement of the bids received and that Titan Development, Inc. of Gasport, NY is the lowest responsible bidder in accordance with the plans and specifications. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. The Engineer's estimate for this work was $90,000 and funds for this work are available in account #30311406-445100 Mr. Fontana moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated January 16, 2008, be received and filed; and Feb 5, 2008 02/05/08 That the Acting Commissioner of Public Works, Parks and Streets, be, and he.. hereby is authorized to award a contract for the Sports field Bleachers contract, to Titan Development, Inc., the lowest responsible bidder, in the amount of $91,000.00. Funds for the project are available in #30311406 445100. PASSED AYES -9 NOES -0 NO. 17 BUILDINGS CHANGE IN CONTRACT FRANCZYK PARK ENVIRONMENTAL REMEDIATION FILLMORE DISTRICT I hereby submit to Your Honorable Body the following changes for Franczyk Park, Environmental Remediation, Hohl Industrial Services, C #92011251. Add $ 506,570.00 1. Additional hazardous soil removal, additional non - hazardous soil removal, additional soil cover installation. This includes a credit for perimeter fence deleted from contract. The foregoing change results in a net increase in the contract of Five Hundred Six Thousand Five Hundred Seventy and 001100 Dollars ($506,570.00). Summary: Current Contract Amount $1,735,826.63 Amount of This Change Order ( #1) Add $ 506,570.00 Revised Contract Amount $2,242,396.63 Costs have been reviewed by the consulting Engineer, -I -VGA Consultants, and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 31640006 445100 - Division of Buildings. Mr. Fontana moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated January 7, 2008, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to Hohl Industrial Services, Inc., an increase in the amount of $506,570.00, as more fully described in the above communication, for work relating to Franczyk Park, Environmental Remediation, C #92011251 — Funds for this project are available in 31640006 445100 - Division of Buildings. PASSED AYES -8 NOES -0 NO. 18 WATER INTAKE POWER GENERATOR ITEM NO. 89, C.C.P. 01/22/08 This is in response to Your Honorable Body's question of whether it's possible or feasible to draw water into the old intake located below the Peace Bridge and direct the water to a power generator system to generate electricity for the City of Buffalo. This is the second water intake for the City of Buffalo and is located directly offshore from the Massachusetts Avenue Pump Station in the Niagara River. This intake is not currently in service and the conduit is partially obstructed with debris (silt, rock, etc.). The other challenge would be the ability to deliver the water to an area where it could be utilized to generate power. It would have to be pumped (power and infrastructure would be required) to another location for power generation. There is not enough elevation change at this location or any other location within the City limits to provide enough potential energy for power generation. REFERRED TO COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 19 CERTIFICATE OF APPOINTMENT Appointment Effective January 23, 2008 in the Department of Public Works Division of Streets to the Position of Truck Driver Temporary Appointment at the starting salary of $27,646 Brian K. Norman, 70 Gail Avenue, Buffalo 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 20 CERTIFICATE OF APPOINTMENT Appointment Effective January 28, 2008 in the Department of Public Works Division of Streets to the Position of Truck Driver Temporary Appointment at the starting salary of $28,429 Garrett A. Buchnowski, 777 Amherst St., Buffalo 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 21 CERTIFICATE OF APPOINTMENT Appointment Effective November 22, 2007 in the Department of Police Division of Patrol to the Position of Police Lieutenant Permanent Promotion at the starting salary of $68,570 Robert V. Rosenswie 11, 12403 Kern Road, Springville 14141 Feb 5, 2008 02/05/08 James w. Panus, 296 Westbrook Drive, Cheektowaga 14225 Christopher S. Kochersberger, 6453 Kevinton Place, Boston 14025 David M. Piech, 32 Forestville Drive, Williamsville 142221 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 22 CERTIFICATE OF APPOINTMENT Appointment Effective November 22, 2007 in the Department of Police Division of Patrol to the Position of Detective Permanent Promotion at the starting salary of $61,946 Nicholas Mourgas, 7325 Ward Road, Wheatfield 14052 Deborah Buyers, 62 Rosemary Street, Buffalo 14216 Kevin T. Biggs, 780 Warren Avenue, East Aurora, 14052 Anthony J. Lapiana, 15 Michael's Walk, Lancaster 14086 Patricia N. Wrest, 37 School Street, Lancaster 14086 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 23 CERTIFICATE OF APPOINTMENT Appointment Effective January 8, 2008 in the Department of Police Division of Patrol to the Position of Police Lieutenant Permanent Promotion at the starting salary of $68,570 Jeffrey M. Giallella, 36 Heritage Road, West Seneca 14218 Kenneth A. Szyszkowski, 3024 Hillbrook Drive, Cheektowaga 14227 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 24 CERTIFICATE OF APPOINTMENT Appointment Effective January 14, 2008 in the Department of Police Division of Patrol to the Position of Police Lieutenant Contingent Permanent Promotion at the starting salary of $77,781 William P. Blake, 2850 Amsdell Road #23, Hamburg 14075 CERTIFICATE OF APPOINTMENT Appointment Effective January 14, 2008 in the Department of Police Division of Patrol to the Position of Police Lieutenant Contingent Permanent Promotion at the starting salary of $68,570 Timothy C. O'Rourke, 282 Saranac Avenue, Buffalo 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 25 CERTIFICATE OF APPOINTMENT Appointment Effective January 14, 2008 in the Department of Police Division of Patrol to the Position of Detective Contingent Permanent Promotion at the starting salary of $61,946 Brendan J. Kiefer, 104 West Girard Blvd, Kenmore 14217 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 26 CERTIFICATE OF APPOINTMENT Appointment Effective November 22, 2007 in the Department of Police Division of Patrol to the Position of Police Lieutenant Contingent Permanent Promotion at the starting salary of $68,570 George W. Morlock, 98 Patricia Drive, West Seneca 14224 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & IINSPECTION SERVICES NO. 27 FOOD STORE & MEAT, FISH & POULTRY LICENSES In accordance with an agreement made with your Honorable Body and the Office of Licenses I am attaching a master list of Food Store Licenses and Meat, Fish and Poultry Licenses that are to expire April 1, 2008 for your review. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON LEGISLATION NO. 28 FOOD STORE LICENSE 845 JEFFERSON (ELLICOTT) 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 845 Jefferson (Big Basha Market) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION Feb 5, 2008 02/05/08 NO.29 RESTAURANT DANCE LICENSE (RENEWAL) 2897 BAILEY (UNIVERSITY) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 2897 Bailey (Caribbean Experience) for which said renewal application for a Restaurant Dance Class IV license is being sought by Hycinth Patterson and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 30 RESTAURANT DANCE CLASS III 596 GENESEE (ELLICOTT) Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Restaurant Dance Class I II License located at 596 Genesee and find that as to form is correct. I have caused an investigation into the premises for which said application for a Restaurant Dance Class III 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 Justin Larke. The attached thereto for Justin Larke db /a the Old Arthur's Pub. This request-is submitted for your approval or whatever action you deem appropriate. Approved motion attached: That the above communication from the Commissioner of the Department of Economic Development, Permit and Inspection Services be received and filed and that pursuant to Chapter 150 of the City of Buffalo Code the Commissioner is authorized to issue a Class III Restaurant /Dance License to Justin Larke for 596 Genesee upon the following conditions: (1) no one on the premises shall be under 21 unless employed by the applicant (2) the exterior is to be cleaned by 6 am every morning and (3) graffiti must be removed within 72 hours of notification hereof PASSED WITH CONDITIONS AYES - 8 NOES — 0 NO. 31 USED CAR DEALER 1905 GENESEE (LOVEJOY) 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 1905 Genesee St 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 Kisha Renfro. The attached thereto for Kisha Renfro dba/ Fillmore Express. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 33 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- Natasha Anderson Police- Andrea Meegan Administration, Finance & Urban Affairs - Garrett Buchnowski RECEIVED AND FILED NO. 34 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Feb 5, 2008 NO. 32 LIQUOR LICENSE APPLICATIONS Attached herto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 45 W. Chippewa St Crazy Horse Spirits, Inc. 45 W. Chippewa St. 3270 Main St 3270 Main St Brian Parker RECEIVED AND FILED NO. 33 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- Natasha Anderson Police- Andrea Meegan Administration, Finance & Urban Affairs - Garrett Buchnowski RECEIVED AND FILED NO. 34 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Feb 5, 2008 02/05/08 Buffalo Sewer Authority RECEIVED AND FILED NO. 36 APPOINTMENTS - MAYOR'S YOUTH OPPORTUNITY & EMPLOYMENT I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. RECEIVED AND FILED. CERTIFICATE OF APPOINTMENT Appointment Effective January 28, 2008 in the Department of Executive Division of Mayor to the Position of Intern VIII, Seasonal, Non - Competitive, Starting salary of $11.00 Emerson Barr, 309 North Street, Unit 14A, Buffalo 14201 NO. 36 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 January 21, 2008 in the Department of Admin. & Finance, Policy & Urban Affairs Division of Inventory & Stores to the Position of Laborer 11, Seasonal, Non - Competitive, Starting salary of $8.15 William A. Westbrooks, 4 Jewett Pkwy 4, Buffalo 14214 CERTIFICATE OF APPOINTMENT Appointment Effective January 24, 2008 in the Department of Public Works Division of Streets to the Position of Laborer 11, Seasonal, Starting salary of $8.15 Daniel D. Matos, 113 Argus St., Buffalo 14207 CERTIFICATE OF APPOINTMENT Appointment Effective February 4, 2008 in the Department of Public Works Division of Water to the Position of Water Service Walker, Seasonal, Starting salary of $8.15 Frank Stasio, 158 Rebecca Park, Buffalo 14207 CERTIFICATE OF APPOINTMENT Appointment Effective February 18, 2008 in the Department of Community Services & Recreation Services, Division of Youth, to the Position of Inter III, Seasonal, Starting salary of $7.15 Saba Agonafer, 87 Mariner, Buffalo 14201 Miguel Albarran, 120 Anderson apt 13, Buffalo 14222 Robert Bakerx, 595 Highgate, Buffalo 14215 Zackery Broadus, 254 Manhattan, Buffalo 14214 Ronnel Chamberlain, 1094 Ellicott, Buffalo 14219 Joseph Crispin, 84 Condon, Buffalo 14207 Julian Crocker, 29 Durham Ave, Buffalo 14215 Jonte Davis, 330 Florida, Buffalo 14208 Turpuois Devost, 127 Royal, Buffalo 14207 Dwight Edwards, 19 Deshler St, Buffalo 14212 Tysandra Evans, 50 Kerns, Buffalo 14211 Chazity Fluellen, 685 E. Utica, Buffalo 14211 Shamar Garner, 41 Fennimore, Buffalo 14215 Tashawn Gay, 545 Lisbon, Buffalo 14215 Crystal Gonzalez, 286 Parkdale, Buffalo 14213 Michael Green, 75 Hastings, Buffalo 14215 Amber Grew, 338 Longnecker, Buffalo 14206 David Hopkins, 486 Adams, Buffalo 14212 Antoine Jackson, 124 Gerald, Buffalo 14215 Darius Jackson, 42 Schmarbeck, Buffalo 14212 Sandi Jeter, 87 Peach, Buffalo 14204 Terrance Jones, 122 Gibson, Buffalo 14212 Nicholas Knezevic, 58 Crystal, Buffalo 14220 Ambria Krohn, 176 Pries, Buffalo 14220 Matthew Lesanti, 419 Ideal, Buffalo 14206 Nicole Marciniak, 318 Benzinger St. Buffalo 14206 Pamela Martinez, 744 Niagara St, Buffalo 14213 Tyrea Mayberry, 396 Gibson, Buffalo 14212 Devin McBride, 298 Jewett, Buffalo 14214 Christina McCreary, 461 E. Utica, Buffalo 14208 Kiontai Milton, 44 Sweet, Buffalo 14212 Mohamed Mohamed, 38 Howell, Buffalo 14207 Shaqualla Montgomery, 985 W. Delavan, Buffalo 14214 Abdil Muse, 318 Grant, Buffalo 14213 Mirrial Nelson, 985 W Delavan, Buffalo 14214 Jimmy Nyean, 50 Maryner Home, Buffalo 14201 Feb 5, 2008 02/05/08 Richelle Penelton, 52 Marigold Ave, Buffalo 14215 Shawndrea Peoples, 53 Schmarbek, Buffalo 14212 Kayla Powell, 412 Swan, Buffalo 14224 Pritchett Yusef, 363 Dearborn, Buffalo 14207 Angel Rodriquez, 124 18 Street, Buffalo 14213 Keyanna Rogers, 729 Plymouth, Buffalo 14213 Kendra Rollins, 79 Courtland, Buffalo 14215 Joseph Rozewski, 65 Goethe, Buffalo 14206 Shanika Rozier, 136 Wende, Bufralo 14211 Hanan Shafie, 225 Vermont, Buffalo 14213 Montana Shafie, 225 Vermont, Buffalo 14213 Amirah Thomas, 724 Humboldt Pkwy, Buffalo 14211 Rosa Torres, 155 Philadelphia St, Buffalo 14207 Victor Torres, 155 Philadelphia St, Buffalo 14207 Brianna Trotter, 126 Lawn Apt F, Buffalo 14207 Jonathan Vazquez, 177 Massachusettes, Buffalo 14213 Jonathan Vazquez, 177 Massachusettes, Buffalo 14213 Dwaun Walker, 211 E Eagle #305, Buffalo 14204 Kenneth Watts, 18 Pershing, Buffalo 14211 William Sable, 1777 S. Park, Buffalo 14220 Nico Witherspoon, 230 Peckham, Buffalo 14206 NO. 37 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 01/02/08 in the Department of Police, Division of Detective Bureau, to the Position of Crime Scene Technician, Temporary, Appointment, at the starting salary of $40,670 Scott C. Seifert, 306 Abbott Road, Buffalo 14220 CERTIFICATE OF APPOINTMENT Appointment Effective January 24, 2008 in the Department of Public Works, Parks & Streets , Division of Buildings, to the Position of Laborer I, Temporary, Non - Competitive, at the starting salary of $22,383 James Legrand, 48 Glenwood Avenue, Buffalo 14208 CERTIFICATE OF APPOINTMENT Appointment Effective January 22, 2008 in the Department of Public Works, Parks & Streets , Division of Buildings, to the Position of Laborer II, Permanent, Non - Competitive, at the starting salary of $24,430 Sean P. Keane, 171 Harding Road, Buffalo 14220 CERTIFICATE OF APPOINTMENT Appointment Effective February 4, 2008 in the Department of Public Works, Parks & Streets , Division of Water, to the Position of Clerk, Temporary, Appointment, at the starting salary of $25,162 Laura Lavis, 15 Alturia St, Buffalo 14220 CERTIFICATE OF APPOINTMENT Appointment Effective January 28, 2008 in the Department of Administration Finance, Policy and Urban Affairs, Division of Treasury & Collections, to the Position of Assistant Collection Officer, Permanent, Promotion at the starting salary of $33,359 Joelle Cash. 346 Villa. Buffalo 14216 NO. 38 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 January 18, 2008 in the Department of Police, Division of Patrol, to the Position of Police Officer, Permanent, Appointment, the starting salary of $45,733 Andrea Meegan, 183 Tuscarora Road, Buffalo 14220 Amber M. Beyer, 535 Grant Street, Buffalo 14213 David W. Wajtasik, Jr., 77 Paul Place, Buffalo 14210 Jon J. Kokotajilo, 134 Baitz Avenue, Buffalo 14206 Jonathan D. Pietrzak, 393 Weimar Street, Buffalo 14206 Jose L. Lorenzo, 186 Whitney Place, Buffalo 14201 Eric J. Kross, 330 Willett Street, Buffalo 14206 Joseph D. Wendel, 179 Nicholson Street, Buffalo 14216 Thomas W. Herbert, 40 Tamarack Street, Buffalo 14220 Jennifer L. Jacobs, 102 Middlesex Road, Buffalo 14216 Colleen E. Nolan, 49 Hollywood Avenue, Buffalo 14220 Daniel E. Owczarczak, 63 Tuscarora Road, Buffalo 14220 Feb 5, 2008 02/05/08 Brian P. Connors, 109 Whitehall Avenue, Buffalo 14220 Nicholas J. Lindstrom, 61 Remington, Buffalo 14220 Lauren A. Cierniak, 400 Y2 Linwood Avenue Apt B, Buffalo 14209 James D. O'Donnell, 921 Tift Street, Buffalo 14220 Gary D. Sengbusch, 571 Elmwood Avenue Apt 1, Buffalo 14222 William J. Rezabek, 7 Julius Street, Buffalo 14220 Paul E. Fitzpatrick, 23 Heussy Avenue, Buffalo 14220 Joseph J. Szafranski, 106 Wayand Avenue, Buffalo 14210 Craig E. Lehner, 660 McKinley Parkway, Buffalo 14220 Jeremy W. Connolly, 162 Choate Avenue, Buffalo 14220 Jason C Heidinger, 195 O'Connell Avenue, Buffalo 14210 Eric D. Quintana, 133 Commonwealth Avenue, Buffalo 14216 Lindsey W. Fitzgerald, 425 South Legion Drive, Buffalo 14220 Mark J. Cyrek, 129 Claremont Ave Apt #1, Buffalo 14222 John A. Cirulli, 99 Covington Road, Buffalo 14216 Michael R. Walker, 86 Tuscarora Road, Buffalo 14220 Joseph J. Mihalics, Jr., 45 Britt Avenue, Buffalo 14220 Christopher M. Mordino, 29 Standish Road, Buffalo 14216 Joason R. Whitenight, 41 Como Avenue, Buffalo 14220 Mark P. Andrzejak, 14 Hartwell Road, Buffalo 14216 John R. Sullivan, 351 McKinley Parkway, Buffalo 14220 Michael J. Farley, 635 Crescent Avenue, Buffalo 14216 Christopher D. Pliszka, 133 Sears Street, Buffalo 14212 Jason P. Sutter, 175 Como Avenue, Buffalo 14220 Thomas D. Nunan, 50 Britt Avenue, Buffalo 14220 Sara Jo M. Keaton, 376 Weimar Street, Buffalo 14206 Mark. R. Spitzer, 66 Summer St. #5K, Buffalo 14209 Michael J. Acquino, 15 Seneca Parkside, Buffalo 1420 Michael S. McAndrews, 676 Auburn Avenue, Buffalo 14222 Keith S. Fitzner, 867 Tifft Street, Buffalo 14220 Adam J. Stephany, 584 Hopkins Street, Buffalo 14220 Aaron J. Pariseau, 90 Robie Street Apt #1, Buffalo 14214 Stephen G. Mikac, 311 French Street, Buffalo 14211 Eric M. Hofschneider, 27 Hartwell Road, Buffalo 14216 Jorge I. Melendea, 549 Niagara Street, Buffalo 14201 Joseph E. Paszkiewicz, 434 Huntington Avenue, Buffalo 14214 Mark C. Vara, 157 Norwalk Avenue, Buffalo 14216 Jared M. Domaracki, 74 Evelyn Street, Buffalo 14207 Joe Constantine, 930 West Avenue, Buffalo 14213 Nicholas J. Parisi, 173 Bloomfield Avenue, Buffalo 14220 John A. Lottanzio, 484 Pearl Street, Buffalo 14202 William C. Macy, 225 Sanders Road, Buffalo 14216 Matthew A. Dick, 85 Briggs Avenue, Buffalo 14207 Jeffrey C. Jajkowski, 91 Polish Place, Buffalo 14210 Latasha E. Howard, 370 Colvin Avenue 2 nd Floor, Buffalo 14216 Tommy L. Champion Jr., 31 Marine Drive, Buffalo 14202 Dustin L. Johnson Sr., 14 Pine Street, Buffalo 14204 Robert A. Johnson Jr., 29 Erskine Avenue, Buffalo 14215 Allen Smith, 74 W. Cleveland Drive - Lower, Buffalo 14215 Maurice A. Foster, 380 Franklin Street, Buffalo 14202 Kelly M. Craig, 511 Emslie Street, Buffalo 14212 Brandon T. Hawkins, 76 Hastings Avenue, Buffalo 14215 Lamar M. McCulley, 26 Langmeyer Avenue, Buffalo 14215 William Robinson, 312 Hartwell Road, Buffalo 14216 Lashondra M. Roach, 162 Goemble Avenue, Buffalo 14211 Adolphus N. Barkor, 189 Jewett Parkway, Buffalo 14214 Leonetta M. Russell, 9 Pendelwood Drive, Buffalo 14225 Marcus L. Fears, 110 Ericson Avenue, Buffalo 14215 Michael P. Laun, 16 Cambria Street, Buffalo 14206 Natasha T. Anderson, 196 Newburgh Avenue, Buffalo 14215 Jimmie Larke III, 32 Shumway Street, Buffalo 14206 Charles E. Gidney Jr., 62 Burlington Avenue, Buffalo 14215 Jeanan A. Sharpe, 394 W. Delavan Avenue, Buffalo 14213 Mark C. Hamilton, 165 Urban Street, Buffalo 14211 Izeal Bullock III, 26 Tillotson Place, Buffalo 14223 Lance Woods, 141 East Amherst Street, Buffalo 14215 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS Feb 5, 2008 02/05/08 NO. 39 City of Buffalo Police Examination My firm represents the City of Buffalo as outside counsel in USA v. City of Suffa /o, 73- CV -414C (Police case), pursuant to which U.S. District Judge John T. Curtin has supervised the Police Department's hiring procedures for nearly thirty- years. Because we are familiar with the myriad of legal obligations imposed upon the City in making entry -level police hires, we thought that it might be beneficial to shed light on certain misunderstandings that some in the community may have as it relates to the appointment of Hispanic officers to the recent Academy training class. To summarize, the City developed and administered a new entry -level police officer's exam in April 2007 (the "2007 Examination ") which has been shown to have no adverse impact on Blacks, Hispanics, or women test takers. In fact, Hispanics and women passed and scored at rates higher than their applicant flow rates. Hispanics are in no way being disadvantaged by this process. The City has dutifully met its Court- ordered obligations in hiring entry -level police officers. A. Background In litigation dating back to the early 1970s, the U.S. District Court found that the City had discriminated against Blacks, Hispanics, and women in police and fire department in hiring. As a result, the Police Department's hiring practices have been subject to Judge Curtin's supervision pursuant to a decree entered on November 29, 1979. The City's obligations under the original decree have been modified in a number of ways over the past four decades. In an order dated September 5, 1989 Order (the "Applicant Flow Order "), Judge Curtin modified the original hiring goals and thereafter ordered the City to appoint Blacks, Hispanics, and women to the Academy "equal to the respective percentages of those groups among the applicants who took the written examination from which the list of eligible candidates was developed." In 2002, the Afro - American Police Association ( "AAPA ") discovered that the City misinterpreted its obligations under the Applicant Flow Order in previous entry -level police officer hiring resulting in a "shortfall of Black officers that should have been hired. In a Decision and Order dated July 14, 2003 (the "'2003 Order "), the Court made a number of findings concerning the City's use of a previous written entry -level police officer examination and required the City to take certain steps the next time it administered another entry -level police officer examination, as it did in April 2007. The 2003 Order, among other things, adopted the AAPA's proposed resolution of the shortfall issue and ordered the City to make up the shortfall of Black candidates in "the next academy training class, in addition to the number of Black candidates who would have been appointed to that class had the September 5, 1989 Applicant Flow Order remained fully in effect." Otherwise stated, the 2003 Order required the City to do the following in appointing candidates to the next Academy class: (1) make up a shortfall of Black officers; and (2) apply the Applicant Flow Order for Black candidates. The 2003 Order did not impose any additional obligations on the City with respect to the appointment of Hispanics or women because there was no adverse impact upon them from the testing procedure or any shortfall to be made up. The Court's provisional order dated January 11, 2008 simply directs the City to make appointments in accordance with the 2003 Order. B. Departmental Seniority for the "Shortfall" Officers In order to comply with the City's obligations under the 2003 Order, the Black officers who are making up the shortfall will been assigned greater departmental seniority. The AAPA has vigorously argued that the City must take all necessary steps to ensure that City records indicate that the shortfall appointees are identified as having greater departmental seniority than any other police officer appointed since the 2003 Order, including the twelve former Buffalo Municipal Housing Authority ( "BMHA ") officers. The only other option for the City would have been to delay the appointment of the former BMHA officers until the current Academy had been completed -- an option that would have been both unfair to these fully- trained officers and indefensible in light of the mounting overtime costs currently Pacing the Police Department. Fortunately, the City was able to successfully reach an agreement with the AAPA, the Department of Justice, and the Court which allowed the City to hire the former BMHA officers as quickly as possible. Failure to reach this agreement would have resulted in months of costly and unnecessary litigation as well as denying these officers the right to work. C. Hispanics Have Benefited from the City's Development of a New Entry -Level Police Officer's Examination It is also important to emphasize that the City has not disadvantaged Hispanics in the hiring process in any way. On the contrary, under Mayor Brown's leadership, the City developed a new entry -level police officer examination which the United States Department of Justice found had no adverse impact on Hispanics, women, or Blacks. Indeed, the data shows that the number of Hispanic Buffalo resident candidates who are ranked in the top 100, top 200, top 250, top 300, top 400, and top 500 candidates, respectively, based on their 2007 Examination scores, exceeds their expected numbers based on the Hispanic representation of5.7% among those candidates who took the 2007 Examination. Women Buffalo resident candidates likewise exceed their expected numbers statistically. And there is no statistically significant difference in the expected numbers for Black Buffalo resident candidates. Of the candidates who took the 2007 Examination and identified themselves as Buffalo residents, the representation of white, Black, Hispanic and female candidates in the top 100 scoring candidates, top 200 scoring candidates, top 250 candidates, top 300 candidates, top 400 candidates, and top 500 candidates, respectively (not including any bonus points which will be added to their score, i.e., veterans points), is as follows: Buffalo Resident Candidates by Written Examination Rank Rank Total White Black Hispanic Female Feb 5, 2008 02/05/08 Top 100 100 78 10 9 30 Top 200 200 153 22 17 46 Top 250 250 185 28 22 60 Top 300 300 217 38 29 79 Top 400 400 284 57 33 106 Top 500 500 353 75 40 128 The only reason why Black candidates appear to have been classified differently than Hispanic candidates is because of the City's legal obligation to comply with the Court's previous remedial orders, including the makeup of the Black officer shortfall and application of the Applicant Flow provisions required by the 2003 Order. These Court orders do not impose any additional obligations on the City with respect to hiring Hispanic or women candidates because such preferential treatment would clearly violate Federal law. No party has ever contended that the 2007 Examination had an adverse impact on Hispanics or otherwise suggested that the Court's previous remedial orders required the City to do something other than what it is currently doing. The City is doing nothing more than discharging its legal obligations pursuant to Judge Curtin's various remedial orders governing entry -level police hiring -- remedial orders that were issued long before Mayor Brown came into office. D. Conclusion The City's hiring processes to date under Mayor Brown's leadership have resulted in a fair, efficient, and well - balanced class of entry -level police officers despite many challenges. Now that this hiring has discharged the City's duties under the 2003 Court Order (1) the City intends to administer the same test again as soon as practicable in 2008 in order to develop a new list for the hiring of new officers in the January 2009 academy class. As soon as the results from that test are available, we intend to move the Court to have the test validated and to finally discharge Federal Court supervision of the City's entry -level police hiring practices. We believe this result can be achieved because we have demonstrated that the City's testing and other procedures are fair and lawful. (1) Although there is still some litigation over the precise statistics as it relates to Black officers, we are also very pleased to note that the number of Black officers in this class is consistent with what is required for the City to fill its obligations under the 2003 Order. There will be a final hearing on these matters in the Spring. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 40 Acquisition of 516 -518 Spring Street I'm writing in regards to our company's desire to acquire the vacant lots mentioned above from the City of Buffalo in order to construct a Market Rate single - family unit. Our company has a qualified customer who's interested in building a home in that area but is not interested in the Sycamore Village development. We're requesting that you process the disposal of the land mentioned above as homesteading. If not, the negotiated sale process utilizing the most recent comparable sales in thee area will suffice. A mortgage pre - approval is available to show financial ability and black line drawings are forthcoming. At your earliest convenience a response from your office would be appreciated. I can be reached at the following numbers: Office - 894 -5324, Mobile - 861- 2 "/27. 1 look forward to hearing from you. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE OFFICE OF STRATEGIC PLANNING NO. 41 Community Support for City of Buffalo to Sell 390 Hudson St. to Howarth Colon of 388 Hudson St. As president of the Allentown Association, I'm writing to you today to express concern by the Allentown community for the future of the city -owned vacant parcel at 390 Hudson Street and to request that the city sell the lot as soon as possible to the adjoining property owner on the west, Mr. Howarth ( "Howie ") Colon. Mr. Colon has been maintaining the property for years, keeping it free of litter, cutting the grass and keeping any shrubbery on the property pruned. In short, he has been contributing to the Allentown community by maintaining the lot as greenspace for the enjoyment, of all. The Allentown Association and surrounding neighbors would like to ensure the lot's continued use as greenspace by selling it to Mr. Colon, who has lived in his house adjoining the property (388 Hudson Street) for many years. Under no circumstances should the lot, or any portion thereof, be sold to the adjoining property owner on the east, Friends of the Night People at 394 Hudson Street for the following reasons: Negative Impact to Historic Preservation within the Allentown Community, The Friends of the Night People's stewardship of their building at 394 Hudson Street has been detrimental to historic preservation in Allentown. Until very recently, the houses along Wadsworth Street have been largely abandoned and derelict. As a long -time board member and now leader of the Allentown Association, through the years, I have met with most of the property owners along Wadsworth Street. Many of them have left the area because of the negative impact caused by behaviors of the Friends of the Night People's clients. The subsequent poor condition of the properties on Wadsworth, and to some extent on Hudson Street, has had a compounding negative effect on the entire Allentown community. Another example of the negative impact on historic preservation that the Friends of the Night People has had is the installation of poor quality, inappropriately sized and shaped vinyl windows that were installed in the building several years ago. Not only Feb 5, 2008 02/05/08 are these windows very visible from Allen and Wadsworth Streets, but neighbors wonder why they are held to a standard for their own homes in a preservation district to which Friends of the Night People is not. Finally, the loss of the house formerly located at 390 Hudson Street, the site of the vacant lot which I am writing about today, can be largely attributed to Friends of the Night People. They owned the building for years. The house was proposed to be used as an addition to their programs and when that project did not happen, Friends of the Night People allowed the house to deteriorate to the point that it was finally demolished. If it were not for the brazenly poor stewardship of Friends of the Night People, it is very likely that there would be a house at 390 Hudson Street today. Inappropriate development and land use for Allentown. The Allentown Historic Preservation District is a densely -built area noted for its historic architecture. Friends of the Night People's proposed use of the lot at 390 Hudson St. (or a portion thereof) is to use it for parking space, an absolutely inappropriate use of space at that location. Not only does this set a negative Allentown neighborhood precedent, but it is not the highest and best use for the land. The Allentown Association feels that the land could best be used for ownership and further development by Mr. Colon, the owner of the historic Italianate style cottage located directly to the west at 388 Hudson Street. A parking lot is an absolutely inappropriate use for the land, especially one so close to and visible from Wadsworth /Allen Street, the backbone of the Allentown community. In addition, as residents and taxpayers, we are appalled that the City of Buffalo would even consider selling a property to a not - for - profit when it is desired by a resident who is willing to return it to the tax rolls. The City should not, in our opinion, be helping to harm a fledgling residential community by selling this property to a not - for - profit and assisting in their expansion, especially an organization that has been detrimental to the Allentown community. Negative historic preservation impact to adjacent house at 388 Hudson Street. Sale of the lot to Friends of the Night People would have a negative impact to the continued ability to sustain the historic preservation of 388 Hudson Street, an owner - occupied Italianate cottage. Mr. Colon, the owner and longtime resident of 388 Hudson Street, no longer wants to live in his house if there is a parking lot next door that would cause disruption and noise to the family household. Mr. Colon's sale of the house would have a negative impact to the long -term preservation and maintenance of the house; few others would want to live there as well. Friends of the Night People should try, to fit into existing historic neighborhood infrastructure instead of trying to change it to fit their needs at Allentown's expense. The fact that Friends of the Night People is attempting to buy and create a parking lot adjacent to their structure at 394 Hudson Street strongly suggests that the building no longer meets their requirements. Friends of the Night People must respect the integrity and spirit of the historic district in which their building resides. Apparently, the structure at 394 Hudson Street no longer meets the parking requirements of Friends of the Night People. Their volunteers and support organizations (Planned Parenthood, etc.) park illegally on the sidewalk and near Wadsworth Street, creating a safety hazard for the surrounding community. Further, it appears as though Friends of the Night People has been utilizing a driveway from the former house at 390 Hudson Street for their own needs without the permission of the City of Buffalo, further indicating that the structure at 394 Hudson no longer meets their requirements. The Allentown community respectfully requests that the City of Buffalo sell its parcel at 390 Hudson Street as soon as possible to Mr. Colon of 388 Hudson Street to preserve its function as greenspace within the community and under no circumstances should the lot at 390 Hudson Street, or any portion thereof, be sold to Friends of the Night People. Petitions and a letter of support are attached. If you have any questions or require additional explanation, please feel free to contact me. I am the Executive Director of Heart of the City Neighborhoods, Inc., (HCN) a not - for - profit housing agency located in Buffalo's Lower West Side. I am writing to support the neighborhood and its lead community organizations: Allentown Association and the Kleinhans Community Association in a stance against selling 390 Hudson to Friends of the Night People. Additionally, our neighborhood resident and long time home owner Mr. Howarth Colon is interested in purchasing the lot and keeping it as greenspace. This option is best for a neighborhood that has highly publicized Garden Walk every Year and an Art Festival that produces a great amount of foot traffic to the Allentown neighborhood. I am sure that with your successful neighborhood stabilization efforts it would behoove you to award Friends of the Night People with an additional property that will negatively impact the immediate neighborhood. By turning 390 Hudson into a parking lot, where there is a perfectly well- maintained greenspace for the community at large to benefit from the City would be destroying a gem in a historic neighborhood. A parking will not add green space nor will that particular use produce a neighborhood asset or assist in the various neighborhood marketing initiative my organization and the Kleinhans Community Association are apart of this year. Once again, I commend you on the hard work you hove continued to provide to the Ellicott District, especially in the area Of housing and neighborhood stabilization Please continue with your mission as you decide the respective property owner for 390 Hudson Street. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 42 SENECA ONE PARKING RAMP 177 WASHINGTON STREET Feb 5, 2008 02/05/08 Thanks so much for taking the time to meet with me to review the situation with the Seneca One Parking Ramp. As we discussed, our primary competition consists of the Buffalo Civic Auto Ramp facilities. Because of their municipal ownership, these ramps pay neither sales nor property taxes. In 2008, we are projecting that the Seneca One Parking Ramp will pay approximately $110,000 in sales tax. ha addition, the parking ramp has an assessed value of $5.4 million. As of September 2007, the ramp is no longer covered by a PILOT program. Therefore we are expecting a property tax bill of approximately $240,000 over the next year. The combined total of sales tax and property tax of almost $340,000, places us at an incredible disadvantage when competing against Buffalo Civic Parking Ramps. In our meeting we discussed a couple o£ possibilities to lessen this discrepancy, You mentioned the possibility of creating a trial program for the extension of our PILOT program. We would appreciate if you could advocate for this on our behalf. If there is anything that we can do to advance this possibility, please let me know. We are currently appealing the tax assessment on this facility. We are hopeful that it will be possible to extend the PILOT program, However, if that doesn't happen, it is our plan to seek an equitable solution with the Board of Assessment that takes into account the fact that our competition pays no sales or property taxes whatsoever. Once again we would appreciate whatever assistance you can give us if we need to pursue this solution. We thank you for your help in finding a solution to this dilemma. As always it was a pleasure being able to spend some time with you. We look forward to hearing back from you. REFERRED TO THE COMMITTEE ON FINANCE & PARKING BOARD No. 43 CONCERNS ACQUIRE PARCEL IN MONTICELLO, NY On December 9, 1998, the St. Regis Mohawk Tribe (Tribe) submitted to the Bureau of Indian Affairs (BIA) an application to acquire in trust a 29.32 -acre parcel of land in Monticello, Sullivan County, New York Monticello parcel). The Tribe proposes to construct, develop, and manage a gaming facility hotel, and other uses incidental thereto on the parcel. Background In explaining the Department of the Interior's (Department) decision, it is important to begin by restating the core principles that underline the land acquisitions regulations. The Part 151 regulations implement the trust land acquisition authority given to the Secretary by the Indian Reorganization Act of 1934 (IRA), 25 U.S.C. § 465. The IRA was primarily intended to. redress the effects of the discredited policy of allotment, which had sought to divide up the tribal land base among individual Indians and non - Indians, and to destroy tribal governments and tribal identity. To assist in restoring the tribal land base, the IRA Rave the Secretary the authority to: 1) return "to tribal ownership the remaining surplus lands of any Indian reservation" that had been opened to sale or disposal under the public land laws; 2) consolidate Indian ownership of land holdings within reservations by acquiring and exchanging interests of both Indians and non - Indians; and 3) acquire, in his discretion, interests in lands "within or without existing reservations" The IRA also contains provisions strengthening tribal governments and facilitating their operation. The policy of the IRA, which was just the opposite of allotment, is to provide a tribal land base on which tribal communities, governed by tribal governments, could exist and flourish. Consistent with the policy, the Secretary has typically exercised his trust land acquisition authority to take lands into trust that are within, or in close proximity to, existing reservations. The IRA has nothing to do directly with Indian gaming. The Indian Gaming Regulatory Act (IGRA) 25 U.S.C. § 2701 el. seq., adopted more than 50 years after the IRA, sets the criteria under which gaming activities can occur on Indian lands. One requirement is that if gaming is to occur on off - reservation lands those lands must be trust lands "over which an Indian tribe exercises governmental power The authority to acquire trust lands, however, is derived from the IRA; no trust land acquisition authority is granted to the Secretary by IGRA. The Department has taken the position that although IGRA was intended to promote the economic development of tribes by facilitating Indian gaming operations, it was not intended to encourage the establishment of Indian gaming facilities on off - reservation lands. Whether off - reservation land should be taken into trust for gaming purposes is a decision that must be made pursuant -to the Secretary's IRA authority. Compliance with 25 C.F.R. Part 151 In a letter dated December 2 I, 2006, the Department made it clear that the Tribe's land- into -trust application would receive a thorough and critical review under the Department's land acquisition regulations in 25 C.F.R. Part 151. Our review of the Tribe's application has identified several concerns particularly with. criteria in 25 C.F.R. §§ 351.3; 151.10(b),15].10(c), and 151.1 I(b), as explained below. A. 25 C.F.R. 151.3 Land acquisition policy. The regulations, in 25 C.F.R. 351.3(a)(3), require the Department to make a determination that the acquisition of the land is necessary to facilitate tribal self- determination, economic development, or Indian housing. The justification provided with your land- into -trust application directed our attention to economic development as' the key reason for seeking our approval of this application. The proposed gaming site is approximately 350 miles from the Tribe's existing reservation. The application suggests that the economic benefits to the Tribe would be a projected cash flow from casino operations at the Monticello gaming facility that could then be used to satisfy tribal needs on the reservation and an estimated 260 jobs for tribal members at the casino, with associated job training. B. 25 C.F.R. 351.10 (b). The need of the Tribe for additional land. The regulations, in 25 C.F.R. 151.10(b), require the Department to evaluate the need of the Tribe for additional land. The Tribe owns approximately 15,000 acres of restricted fee land, which is home to approximately 3,000 tribal members. This application does not address a need for more land to support Tribal housing, government infrastructure, or" to resolve local land management conflicts. Rather, the application seeks a particular site of Feb 5, 2008 02/05/08 approximately 29.32 acres, located 350 miles away from the reservation, which has been selected due, principally, to its proximity to the primary highway connecting the New York City urban area to the Catskill's resort area. C. 25 C.F.R. 151.10(c). The purposes for which the land will be used. The regulations, in 25 C.F.R. 151.10(c), require the Department to consider the purposes for which the land will be used. In this case, the land will be used for the development of a very large off - reservation class III gaming facility. It is worth nothing that the Tribe already has at least one class III gaming facility located on its reservation. D. 25 C.F.R. 151.11 (b). The location of the land relative to state boundaries, and its distance from the boundaries of the Tribe's reservation. The regulations, in 25 C.F.R. 15 ]. I ] (b), require the Department In consider, the location of the land relative to State boundaries and its distance from the boundaries of the Tribe's reservation. As the distance increases, the Secretary must give greater scrutiny In the Tribe's justification of anticipated benefits from the acquisition, and greater weight to the concerns of local governments. The Tribe's reservation and the proposed Monticello parcel are located in the State of New York, approximately 350 miles apart. The Department is concerned that approval of Ibis application would not support the" option. for tribal members to live on their existing reservation and to have meaningful employment opportunities fit the proposed gaming establishment in Monticello because the proposed gaming establishment will not be located within a reasonable commuting distance from the Tribe's reservation. The Tribe has stated that the proposed off - reservation gaming facility will provide two economic benefits to the Tribe. The first is the income stream from the gaming facility, which can be used to fund tribal services, develop tribal infrastructure, and provide per capita payments to tribal members, and thus can have a positive effect on reservation life. This projected income stream will not be affected by the remote location of the proposed casino from the Tribe's reservation. The second benefit of the proposed off - reservation gaming facility is the opportunity for job training and employment of tribal members. With respect to this benefit, the remote location of the proposed gaming facility can have significant negative effects on reservation life. Because the proposed gaming facility is not within a commutable distance of the reservation, tribal members who are residents of the reservation will either: a) not be able to take advantage of the job opportunities if they desire to remain on the reservation; or b) be forced to move away from the reservation to take advantage of the job opportunities. In either case, the negative impacts on reservation life could be considerable. In the first ease, the operation of the gaming facility would nut directly improve the employment rate of tribal members living on the reservation. A high unemployment rate, with its attendant social ills, is already a problem on the Tribe's reservation. A gaming operation on or close to the reservation would allow the Tribe to alleviate this situation by using its gaming facility as a conduit for job training and employment programs ]'or tribal members. Provision of employment opportunities to reservation residents promotes a strong tribal government and tribal community. Employment of tribal members is an important benefit of tribal economic enterprises. ]n this case, the remote location of the proposed gaming facility may encourage reservation residents In leave the reservation for an extended period to lake advantage of the job opportunities created by the tribal gaming facility. The departure of a significant number of reservation residents and their families could have serious and far - reaching implications for the remaining tribal community and its continuity as a community. While the financial benefits of the proposed gaming facility might create revenues for the Tribe and may mitigate some potential negative impacts, the Tribe's application fails to carefully address and' comprehensively analyze the potential negative impacts on reservation life and does not clearly demonstrate why these negative impacts should be out weighed by the financial benefits of tribal ownership of a remote gaming facility. Decision The Department's regulations, in 25 C.F.R. 151.3, slate that no acquisition of land in trust status shall be valid unless the acquisition is approved by the Secretary. The Department has completed an evaluation of the Tribe's fee -to -trust application for the Monticello parcel and has determined that it will not accept the properly into trust. The Department's evaluation of this off - reservation land- into -trust application has identified several concerns, as outlined above, that lead to a determination that the Department will not exercise its discretionary authority to take the parcel into trust. This decision is a final agency action consistent with the provisions of 25 C.F.R. 2.6(c). Please be advised that since this land will not be accepted into trust, the proposed site. does not qualify for Indian gaming pursuant to IGRA. It is our hope that the Department Wilt be able to work with the Tribe 1 o identify economic development opportunities that " we can support mutually. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO 44 GUIDANCE ON TAKING OFF RESERVATION LAND INTO TRUST FOR GAMING PURPOSES The Department currently has pending 30 applications from Indian tribes to take off - reservation land into trust for gaming purposes as part of the 25 U.S.C. § 2719(b)(1)(A) two part determination. Many of the applications involve land that is a considerable distance from the reservation of the applicant tribe, for example, one involves land that is 1400 miles from the tribe's reservation. Progressing these applications is time - consuming and resource - intensive in an area that is constrained by a large backlog and limited human resources. The decision whether to take land into trust, either on — reservation of off — reservation, is discretionary with the Secretary. Section 151.11 of 25 C.F.R. Part 151 sets forth the factors the Department will consider when exercising this discretionary authority with respect to "tribal requests for the acquisition of lands in trust status, when the land is located outside of and noncontiguous to the tribe's reservation" Section 151.11(b) contains Feb 5, 2008 02/05/08 two provisions of particular relevance to applications that involve land that is a considerable distance from the reservation. It states that, as the distance between the tribe's reservation and the land to be acquired increases, the Secretary shall give: 1) greater scrutiny to the tribe's justification of anticipated benefits from the acquisition, and 2) greater weight to concerns raised by state and local governments as to the acquisition's potential impacts on regulatory jurisdiction, real property taxes and special assessments Part 151, however, does not further elaborate on how or why the Department is to give '. "greater scrutiny" and "greater weight" to these factors as the distance increases. The purpose of this guidance is to clarify how those terms are to be interpreted and applied, particularly when considering the taking of off - reservation land into trust for gaming purposes. Core Principles As background to the specific guidance that follows, it is important to restate the core principles that underlie the Part 151 regulations and that should inform the Department's interpretation of, and decisions under, those regulations. The Part 151 regulations implement the trust land acquisition authority given to the Secretary by the Indian Reorganization Act of 1934 (JRA), 25 U.S.C. § 465. The IRA was primarily intended to redress the effects of the discredited policy of allotment, which had sought to divide up the tribal land bore among individual Indians and non - Indians, and to destroy tribal governments and tribal identity. To assist in restoring the tribal land base, the IRA gives the Secretary the authority to: 1) return "to tribal ownership the remaining surplus lands of any Indian reservation" that had been opened to sale or disposal under the public land laws; 2) consolidate Indian ownership of land holdings within reservations by acquiring and. exchanging interests of both Indians and non - Indians;, and 3) acquire, in his discretion, interests in lands "within or without existing reservations ". The IRA contains provisions strengthening tribal governments and facilitating their operation. The policy of the IRA, which was just the opposite of allotment, is to provide a tribal land base on which tribal communities, governed by tribal governments, could exist and flourish. Consistent with the policy, the Secretary has typically exercised discretion regarding treat land acquisition authority to take lands into mast that are within, or in close proximity to, existing reservations, The IRA has nothing directly to do with Indian gaming. The Indian Gaming Regulatory Act of 1988 (IGRA), 25 U.S.C. § 2701 et seq., adopted more than 50 years after the IRA, sets the parameters of Indian gaming. One requirement is that if gaming is to occur on off - reservation lands these lands must be trust lands "over which an Indian tribe exercises governmental power." The authority to acquire trust lands, however, is derived from the IRA; no trust land acquisition authority is granted to the Secretary IGRA. The Department has taken the position that although IGRA was intended to promote the economic development of tribes by facilitating Indian gaming operations, it was not intended to encourage the establishment of Indian gaming facilities far from existing reservations. Whether land should be taken into trust far from existing reservations for gaming purposes is a decision that must be made pursuant to the Secretary's IRA authority. Implementation of Guidance This guidance should be implemented as follows: 1) All pending applications or those received in the future should he initially reviewed in accordance with this guidance. The initial review should precede any effort (if it is not already underway) to comply with the NEPA requirements of section 151.10(h). 2) If the initial review reveals that the application fails to address, or does not adequately address, the issues identified in this guidance, the application should he denied and the tribe promptly informed. This denial does not preclude the tribe from applying for future off - reservation acquisitions for gaming or other purposes. However, those future applications will be subject to these same guidelines. 3) A greater scrutiny of the justification of the anticipated benefits and the giving greater weight to the local .concerns must still be given to all off - reservation land into trust applications, as required has 25 C,F,R. § 151,1 I(b). This memorandum does not diminish that responsibility, but only provides guidance for those applications that exceed a daily commutable distance from the reservation. ,Greater Scrutiny Anticipated Benefits The guidance in this section applies to all applications, pending or yet to be received, that involve requests to take land into trust that is off - reservation, Reviewers must, in accordance with the regulations at 25 C.F.P,. 151.1 I(b), "give greater scrutiny to the tribe's justification of anticipated benefits from the acquisition" as the distance between s acquisition and the tribe's reservation increases. The reviewer should apply this greater scrutiny as long as the requested acquisition is off - reservation regardless of the mileage between the tribe's between the tribe's reservation and proposed acquisition. If the proposed acquisition exceeds a commutable distance from the reservation the reviewer, at a minimum, should answer the questions listed below to help determine the benefits to the tribe. A commutable distance is considered to be the distance a reservation resident could reasonably commute on a regular basis to work at a tribal gaming facility located off - reservation As noted above, section 151.11 (b) requires the Secretary to "give greater scrutiny to the tribe's justification of anticipated benefits from the acquisition" of trust land " as the distance between the tribe's reservation and the land to be acquired increases." The reason for this requirement is that, as a general principle, the farther the economic enterprise — in this case, a gaming facility — is from the reservation the greater the potential for significant negative consequences on reservation life. Tribes typically view off - reservation gaming facilities as providing two economic benefits to the tribe. The first is the income stream from the gaming facility, which can be used to fund tribal services, develop tribal infrastructure, and provide per capita payments to tribal members, and thus can have a positive effect on reservation life. Obviously, the income stream from a gaming facility is not likely to decrease as the distance from the reservation increases. In fact, off - reservation sites are often selected or gaming facilities because they provide better markets for gaming and potentially greater income streams than sites on or close to the reservation. Feb 5, 2008 02/05/08 The second benefit of off - reservation gaming facilities is the opportunity for the job training and employment of tribal members. With respect to this benefit, the location of the gaming facility can have significant negative effects on reservation life that potentially worsen as the distance increases. If the gaming facility is not within a commutable distance of the reservation, tribal members who are residents of the reservation will either: a) not be able to take advantage of the job opportunities if they desire to remain on the reservation:; or b) be forced to move away from the reservation to take advantage of job opportunity. In either case, the negative impacts on reservation life could be considerable. In the first case, the operation of the gaming facility would not directly improve the employment rate of tribal members living on the reservation. High on- reservation unemployment rates, with their attendant social ills, are already a serious problem on many reservations. A gaming operation on or close to the reservation allows the tribe to alleviate this situation by using their gaming facility as a conduit for job training and employment programs for tribal members. Provision of employment opportunities to reservation residents promotes a strong tribal government and tribal community. Employment of tribal members is an important benefit of tribal economic enterprises. In the second case, the existence of the off - reservation facility would require or encourage reservation residents to leave the reservation for an extended period to take advantage of the job opportunities created by the tribal gaming facility. The departure of a significant number of reservation residents and their families could have serious and far - reaching implications for the remaining tribal community and its continuity as a community. While the financial benefits of the proposed gaming facility might create revenues for the applicant tribe and may mitigate some potential negative impacts, no application to take land into trust beyond a commutable distance from the reservation should be granted unless it carefully and comprehensively analyzes the potential negative impacts on reservation life end clearly demonstrates why these ere outweighed by the financial benefits of tribal ownership in a distant gaming facility. As stated above, some of the issues that need to be addressed in the application if the land is to be taken into trust is off - reservation and for economic development are: What is the Unemployment rate on the reservation? How will it be affected by the operation of the gaming facility? How many tribal members (with their dependants) are likely to leave the reservation to seek employment at the gaming facility? How will there departure affect the quality of reservation life? How will the relocation of reservation residents affect their long -term identification with the tribe and the eligibility of their children and descendants for tribal membership? What ere the specifically identified on- reservation benefits from the proposed gaming facility? Will any of the revenue be used to create on- reservation job opportunities? As long as it remains the policy of the Federal government to support and encourage growth of reservations governed by tribal governments, these arc important questions that must be addressed before decisions about off - reservation trust land acquisitions are made. The Department should not use its IRA authority to acquire land in trust in such a way as to defeat or binder the purpose of the IRA. It should be noted that tribes are free to pursue a wide variety of off - reservation business enterprises and initiatives without the approval or supervision of the Department, It is only when the enterprises involve the taking of land into trust, as is required for off - reservation Indian gaming facilities, that the Department must exercise its IRA authority, Greater Weight Section 151.11(b) also re, quires the Secretary to give "greater weight" than he might otherwise to the concerns of state and local governments. Under the regulations, state and local governments are to be immediately notified of a tribes application to take land into trust, and are to file their comments in writing no later than 30 days after receiving notice. The reviewer must give a greater weight to the concerns of the state and local governments no matter what the distance is between the tribe's reservation and the proposed off - reservation acquisition. This is the second part of the two part review required by section 151.1 I(b). The regulations identify two sets of state and local sense -ms that need to be given "greater weight:" 1) jurisdictional problems and!Ootenfial conflicts of land use,; and 2) the removal of the land from the tax rolls. The reason for this is requirement of giving "greater weight" is two -fold. First the farther from the reservation the proposed trust acquisition is, the more the transfer of Indian jurisdiction to that parcel of had is likely to disrupt established governmental patterns. The Department has considerable experience with the problems posed by checkerboard patterns of jurisdiction Distant local governments are less likely to have experience dealing with and accommodating tribal governments with their unique governmental and regulatory authorities. Second, the farther from the reservation the land acquisition is, the more difficult it will be for the tribal government to efficiently project and exercise its governmental and regulatory powers. With respect to jurisdictional issues, the application should include copies of any intergovernmental agreements negotiated between the tribe and the state and local governments, or an explanation as to why no such agreements exist. Failure to achieve such agreements should weigh heavily against the approval of the application. With respect to land use issues, the application should include a comprehensive analysis as to whether the proposed gaming facility is compatible with the current zoning and land use requirements of the state and local governments, and with the uses being made of adjacent or contiguous laud, and whether such uses would be negatively impacted by the traffic, noise, and development associated with or generated by the proposed gaming facility. Incompatible uses might consist of adjacent or contiguous land zoned or used for. National Park & National Monuments, Federally designated conservation areas, National Fish and Wildlife Refuges, day care schools, churches, or residential developments. If the application does not contain such an analysis, it should be denied. Feb 5, 2008 02/05/08 Conclusion The Office of Indian Gaming will review the current applications, If an application is denied subsequent to this review, the applicant tribe will be notified immediately. Tribes receiving a denial subsequent to this review may resubmit the application with information that will satisfy the regulations. Regional directors shall use this clarification to guide their recommendations or determinations on future applications to take off - reservation land into trust. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 45 Disclosures for City Employees or Relatives of City Employees Receiving Financial Assistance for Roofing Repair Or Replacement James P. Gallagher 161 Bloomfield Buffalo, NY James P. Gallagher is a license inspector with the Department of Economic Development, Permit and Inspections Services Lawrence G. Robertson 115 Carlyle Buffalo, NY Lawrence G. Robertson is a f firefighter with the Buffalo Fire Department Catherine Comerford 435 Eden Buffalo, NY Catherine Comerford is a typist with the Board of Education Daughter, Erin Comerford is a teacher with the Buffalo Board of Education Daughter, Mary Catherine Comerford, is a teacher with the Buffalo Board of Education Francis and Eileen Kowal 80 Ladner Buffalo, NY Daughter, Patricia Gentzler, is a report technician with the Buffalo Police Department Daughter, Lynn Piceirillo is a resource technician with the Buffalo Board of Education Paul Sowinski and Molly Penders - Sowinski 390 McKinley Parkway Buffalo, NY Aunt, Joy Fenders, is a clerk with the Buffalo Board of Education Bonita A. Hodur 490 McKinley Buffalo, NY Cousin, Peter Zieniewicz, is an operator with the Buffalo Sewer Authority Erin M. Allman 2120 South Park Buffalo, NY Brother -in -law, Michael Gangloff, is a firefighter with the Buffalo Fire Department Colleen A. Bohen 22 St. Martin's Place Buffalo, NY Colleen A. Bohen is the Assistant Director of Purchasing with the Department of Administration and Finance Eric T. Bohen 65 Britt Buffalo, NY Erik T. Bohen is a teacher with the Buffalo Board of Education Eileen Bohen is an administrator with the Buffalo Board of Education Timothy M. Keenan 77 Carlyle Buffalo, NY Timothy M. Keenan is chief combustion inspector with the Department of Economic Development, Permit and Inspections Services Robert J. Conlglio 75 Eden Buffalo, NY Brother, Michael Coniglio, is a mechanic with the Department of Public Parks, Parks and Streets Nancy E. Lonergan 210 Eden Buffalo, NY Nancy E. Lonergan is a teacher with the Buffalo Board of Education Kathieen M. Marren 101 Milford Buffalo, NY Sister in -law, Bridget Matron, is a teacher with the Buffalo Board of Education Nephew, Sean Thiel, is a laborer with the Water Department Andrew and Carloline Scirri 33 Belvedere Road Buffalo, NY Daughter, Marisa Scird, is a clerical technician with the Office of Strategic Planning John P. and Paula J. Scanlon 201 Cumberland Buffalo, NY Son, John M. Scanlon, is a laborer with the Department of Public Works, Parks and Streets Son, Michael L. Scanlon, is a laborer with the Department of Public Works, Parks and Streets Judy and Nicholas Macri 5 Dallas Road Buffalo, NY Nicholas Macri is a plumber with the Department of Economic Development, Permit and Inspections Services Ann R. and Kevin J. Coyne 33 Arbour Lane Buffalo, NY Kevin Coyne is a building inspector in the Department of Economic Development, Permit and Inspections Services Barbara Ann Hart 41 Salem Street Buffalo, NY Sister, Susan Granger, is a teacher with the Buffalo Board of Education Marcia Courier 330 Woodside Buffalo, NY Brother, Vince Nomberger, is a firefighter with the Buffalo Fire Department Sister -in -law, Debbie Nomberger, is a police office with the Buffalo Police Department Margaret Hannon 65 Norman Buffalo, NY Margaret Hannon is a teacher with the Buffalo Board of Education Erin Farley 119 Carlyle Buffalo, NY Erin Farley is a typist with the Buffalo Board of Education John G. and Mary M. Heitzhaus 476 McKinley Parkway Buffalo, NY John G. Heitzhaus is a police officer with the Buffalo Police Department Patrick T. and Madonna F. Kane 213 McKinley Parkway Buffalo, NY Brother, James M. Kane, is an assistant to the supervisor for the Buffalo Board of Education Brother, Howard Stutz, is a firefighter with the Buffalo Fire Department Molly Talty 7 Coolidge Road Buffalo, NY Feb 5, 2008 02/05/08 Mother, Catherine M. Talty, is an employee of the Buffalo Municipal Housing Authority Maureen Glavey 113 Turner Avenue Buffalo, NY Sister, Karen Kane, is a teacher with the Buffalo Board of Education Catherine Comerford 435 Eden Buffalo, NY Catherine Comerford is a typist with the Board of Education Husband, James Comerford is Deputy Commissioner of the Department of Economic Development, Permit and Inspections Services Daughter, Erin Comerford is a teacher with the Buffalo Board of Education Daughter, Mary Catherine Comerford, is a teacher with the Buffalo Board of Education REFERRED TO THE COMMITTEE ON FINANCE NO. 46 Transportation to improve community There is a growing emphasis upon using transportation investment "as a way to improve the com -unity rather than as a way to get through the community." That's the theme of a report on integrated planning by the Association of New York State Metropolitan Planning Organizations ( NYSMPOS), which comprises the state's 13 MPOs, including the GBNRTC. "Successfully developing community -based transportation projects can be challenging, in part because this ap- proach deviates from traditional project - development processes ... this new approach requires more time and effort," according to NYSMPOS. "The strong sense of community created by well -de- signed development and transportation projects has become increasingly important in the competitive marketplace." The report cited ten "exemplary" cases in the state of integrated transportation and community vision, including the 1990s improvement of the Delaware Avenue sector along Delaware Park to provide "a safe and efficient transportation corridor while also accommodating community and historic goals." A key feature of the sector is its distinctive "S" curves, designed by Frederick Law Olmsted and Calvert Vaux to produce a winding picturesque boulevard and to slow travelers. However, "because the road transitions from a state arterial to an avenue through the park, motorists frequently entered at speeds higher than those for which the road was designed." Also, poor drainage often created wet or icy conditions. The result was "an unacceptably high rate of vehicle crashes." From an engineering perspective, the roadway design was outdated and unsafe. But from the perspective of such citizen groups as the Olmsted Park Conservancy the original design of the park had already been deeply compromised by such projects as the Scajaquada Expressway and they "Strongly opposed further changes to any aspect of the park, including straightening or flattening portions of the 'S' curves" in ways that would intrude upon the park or the adjacent Forest Lawn Cemetery. The City of Buffalo worked with the regional MPO, then known as the Niagara Frontier Transportation Committee (NFTC), to get the project on the region's Transportation Improvement Program (TIP) with the New York State Department of Transportation ( NYSDOT) responsible for administration and design. NYSDOT, "acknowledging the historic significance of the roadway and the importance of Delaware Park to the community," enlisted a Study Steering Committee, including representatives of the city and key citizen groups, "as a partner in the process In an elaborate balancing strategy, NYSDOT carried out a series of engineering and research analyzes while holding a widespread public outreach campaign. It was "one of the first times that NYSDOT made extensive use of visual and graphic materials, including aerial photography and visual simulations to ensure that design alternatives were clearly communicated to the public in the end, NYSDOT "updated roadside and median strip landscape designs to retain as many of the original Olmsted features as possible. The avenue was also downsized from six to four lanes through the park "to make room for" pedestrian and bicycle facilities. "Roadway safety standards were addressed while minimizing impact to adjacent park lands and historic resources . "More recently, the GBNRTC has collaborated with NYSDOT, the City of Buffalo and citizen groups on a plan to modify the Scajaquada Expressway into a boulevard that would harmonize with the adjacent Delaware Park and other cultural and educational settings. "When a road passes through a town, village or city, it should be considered as a 'community street,' the NYSMPOS report declares. "Although automobile level of service and safety are important parts of the equation, they should not be prioritized above all else. "The NYSMPOS is also providing grants for three case studies in the state on transit - supportive development, including one involving the University at Buffalo's plan for "a shared future with the region. Congestion in Buffalo- Niagara still relatively low Commuters in the Buffalo- Niagara metropolitan area experienced the least peak -hour traffic delay among the largest metro areas in the nation in 2005. That's the finding in a 2007 Urban Mobility Report by the Texas Transportation Institute. The average annual delay per traveler was 11 hours, lower than that for any other large (1 million to 3 million) metro area. It was also lower than the delays reported for the nation's very large (more than 3 million) metro areas. The longest delays were 72 hours for Los Angeles as a very large metro area and San Diego as a large one. Total annual travel delay for the Buffalo- Niagara area was placed at 5,852 hours, compared with 169,278 hours for Los Angeles and 33,809 for San Diego. Wasted fuel per year, as a result of peak -hour congestion, was placed at 7 gallons for the area commuter, compared with 38 gallons for his or her counterpart in Los Angeles and 25 gallons in San Diego. Annual figures were 3,685 gallons for the area and 120,127 gallons and 23,366 gallons for the California centers Among a sampling of 85 urban areas, including medium and small ones, the Buffalo- Niagara area ranked 77 in the nation for peak -hour traffic delay and 76 for wasted fuel: The annual cost of congestion for the Buffalo- Niagara metro area peak -hour traveler was estimated at $208. Total cost to the community was put at $112 million, compared with $3.2 billion for LA and $1.7 billion for San Diego. The figures were based upon a value of $14.60 per hour of person travel and $77.10 per hour of truck time as well as excess fuel consumption. Despite the area's relatively favorable ranking for 2005, there has been a significant increase of 8 hours in peak -hour traffic delay since 1982, which was still third best among very large and large metro areas but behind both Pittsburgh and New Orleans, where delays increased respectively by 5 hours and 2 hours since 1982. The report notes that on a national level congestion (based upon the 2005 figures) causes the average peak - period traveler to spend an extra 38 hours of travel time and consume an additional 26 gallons of fuel, amounting to a cost of $710 per traveler. The report estimated the effect of congestion for all 437 U.S. urban areas with detailed information for 85 specific areas, including Buffalo- Niagara. "The daily frustration of drivers on our roads is ample evidence that our current transportation model is broken and that bold thinking Feb 5, 2008 02/05/08 and leadership are needed," declared U.S. Department of Transportation Secretary Mary Peters. "We're never going to solve congestion with higher federal gas taxes or additional earmarks. Instead we need fresh approaches like new technology, congestion pricing and greater private sector investment to get Americans moving again." REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 47 DEVELOPMENT 1670 SENECA ST The Common Council supports the attached application from Simon Manka and his site plan for the development of a drive -thru donut /fast food facility at 1670 Seneca Street. The City Planning Board previously recommended approval of the restricted use permit on December 18, 2007. If you have any concerns or if my office can be of further assistance, please feel free to contact me at 851 -5169. That the applicant be granted a restricted use permit to operate a drive -thru fast food facility at 1670 Seneca Street. Passed Ayes —8 Noes — 0 No. 48 Second Hand Dealer License The problems: 1 - Owners of brick - and - mortar retail businesses that sell used books must hold a license originally intended for salvage dealers and pawn brokers. Books are mentioned nowhere on the official license, though the following types of items are: "second hand personal property, including household goods and appliances, gold, silver and other precious metals, any tools, fixtures, electrical devices and bric -a- brac." 2 - To obtain the license, the used book store owner must submit to annual police records check. A - No independent bookseller has ever been charged with or convicted of the receipt of stolen goods in the City of Buffalo. B - The Department of Licenses can deny a Second Hand Dealer License application and /or renewal even if there is an unrelated conviction in a city or town not Buffalo. Example: I was denied my renewal until providing proof to the City's Department of Licenses that my seventeen year old, 1991 Expired Registration ticket in the Town of Cheektowaga was not a conviction related to Second Hand Dealer business. 3 - The Second Hand Dealer License requires provenance documentation for all items acquired, one separate record per item. This record must include the following: the article's description, brand name, jewel movement, make, dealer's name, ledger number, the date of birth, height, weight, race and clothing of the person selling, the date and time of the transaction, the seller's signature and proof of identification. Obviously this is neither the industry standard nor sensible by any definition. I acquire, process and sell thousands of books in a single year, and I am the smallest retail used bookseller in Buffalo. All used book sellers, unless procuring for a specific request, acquire the vast majority of their books en masse. These books are initially worthless in value. These books are literally used consumer recyclable paper until booksellers do the following: clean the books, sort the books, research the books, price the books, store the books, shelve the books, and, finally after creating salable product from previously raw material, then they can work at selling the books. It is the bookseller alone who impregnates the book with value, and regarding this value, the only record - keeping we legally have to produce and maintain is one that details our tax deductible expenses - the cost of goods sold, which is done with the filing of state and federal income taxes. 4 - Keeping an auditable record of my donators' and traders' physical appearances and personal information, for the purposes of assisting law enforcement in obtaining evidence in hypothetical if not imaginary cases, is a betrayal of trust required by no other retail business aside from perhaps pawn brokering. Solution: No City of Buffalo used and rare retail book seller can keep the full scope of records this license officially commands us to maintain. In order for a single used and rare retail book seller in Buffalo to be compliant with the Department of Licenses, it is the license that must change, not the book sellers. Though it has not been done before, I ask that the Department of Licenses now consider our unique industry's practices, standards, and the existing records taws, and thus make the logical decision to provide all of Buffalo's used and rare retail book sellers with an appropriate new business license designation: Retail Used and Rare Book Seller. The Department should eliminate the unnecessary annual background checks -- once every five years is plenty. The Department should eliminate the one record per item archiving, and should never command access to clients' personal information for items of value under $1000, and then only if a criminal charge and subpoena does command it. The Department could, through its constructive actions in this matter, acknowledge that booksellers well -serve the entire Buffalo community, work extremely hard for very little money, and have never been tinkers, gypsies or black market knaves. Delaware District Used and Rare Book Seller contact information: Danielle Woodrich dba Avenue Book Exchange 1211 Hertel Avenue Buffalo, NY 14216 (716) 877 -1255 John and Dana Rigney Second Reader Bookshop 1419 Hertel Avenue Buffalo, NY 14216 (716) 862 -0001 REFERRED TO THE COMMITTEE ON LEGISLATION AND THE ECONOMIC DEVELOPMENT PERMITS AND INSPECTIONS NO. 49 Feb 5, 2008 02/05/08 FRANK POINCELOT RETIRING FROM COB I am writing to inform you that on February 22, 2008 1 will be retiring from my position as Head Exterminator of The City of Buffalo. After many years of service for 5 mayors, I feel it is time to give my dedicated service to my wife and family. My years started under Mayor Frank A Sedita, when a high school student walked into the buffalo zoo and was hired as a seasonal in October of 1966 and never left. It will be hard to leave, but I will take with me many memories of some of the great members of the council that included Delmar Mitchell, Alfreda Slominski, and George K. Arthur just to name a few. Under my term as head exterminator, I am proud to know that I was one of the people that are responsible for the totes, and cutting the rodent population down by over half ... And yes there is still work to be done. I am pleased that the division of rodent control always had good press and never was an embarrassment to any elected official. It has been an honor to call many of you my friends. I still will only be a phone call away, I might not answer right away, but I will answer. Thank you again for all your support, and I will be here if you need me. RECEIVED AND FILED PETITIONS NO. 50 T.Ciminelli, Agent, Use 1829 Main St for a Ground Sign (MAS) No Pub Hrg REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 51 C. BROWN & O -SALE OF 390 HUDSON ST TO MR. HOWARTH COLON (ELL) The undersigned respectfully requests that the City of Buffalo sell its parcel at 390 Hudson Street as soon as possible to Mr. Howarth Colon of 3888 Hudson Street to preserve its use as greenspace within the community and under no circumstances should the lot at 390 Hudson Street, or any portion thereof, be sold to Friends of the Night People. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE OFFICE OF STRATEGIC PLANNING NO. 52 J. ROUCHE & O- REQUEST CHANGE IN PARKING REGULATIONS ON HARVEST AVE(DEL) As taxpayers and property owners /residents on Harvest Avenue in North Buffalo, we hereby petition the City of Buffalo to prohibit overnight parking on our street during the winter months (November 15 April 1s 1:15 A.M. to 7:00 A.M. As you know, the Kenmore, New York side of Kenmore Avenue has numerous apartment buildings in our area. The tenants of those buildings are not allowed to park on their streets overnight during the winter months, so they park their vehicles on the Buffalo side of Kenmore Avenue. Often those cars are parked in the same spot for entire weekends without being moved. Then when the City of Buffalo snowplows come around, because of those cars, our street cannot be properly cleared of snow, a service which is paid for by our taxes. In addition, the privately hired snow plowing companies have a very difficult time clearing our driveways because of the cars that are parked on the street on both sides of our driveways. It is a very frustrating situation. We therefore, respectfully request that parking on Harvest Avenue be restricted during the winter months as stated above. Your consideration to this petition will be greatly appreciated. This petition is presented on behalf of the property owners on Harvest Avenue. COPY AVAILABLE ON FILE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON LEGISLATION NO. 53 CREATE GREEN JOBS IN ERIE COUNTY This past October, while you were a candidate for the office of County Executive, we wrote to you for your support and commitment for an undertaking we consider to be both urgent and crucial to our region's vital economic future: the creation of "green jobs" in Erie County. We believe the emerging Clean Energy Economy offers an incredible opportunity for the revitalization of the local economy -one that will be sustained well into the future as a solution to our planet's deepening carbon crisis. Today we welcome you as our newly elected County Executive and we are enclosing the signatures of some 440 of your constituents (to date) to the Green Jobs Petition. We must reiterate to you our belief that not only do we have no time to waste.. the people of Erie County have much to gain! The Green Jobs Petition requests that the new Erie County Executive, Mayor Byron Brown, and economic development officials put together a working group by January 2008 to (1) attract a wind turbine manufacturer to Western New York, (2) educate the local business and labor communities on the job and business opportunities in the New Energy Economy and to (3) help WNY and its businesses enter the supply chain for renewable energy, energy efficiency, and sustainable development. Western New York, and Erie County in particular, is poised to take advantage of this emerging sector of our economy. The Steel Winds wind turbines in Lackawanna have already attracted considerable attention as North Feb 5, 2008 02/05/08 America's largest urban wind farm. With plans to expand to 26 turbines, Erie County could become the home to a wind turbine manufacturer. These manufacturers seek to locate at close proximity to wind farms, as well as do other related manufacturers. The ethanol plant currently under construction here will also bring the added benefit to our region of reopened rail and shipping lanes that have been closed for close to 50 years. And, finally, in 2009 Buffalo will host the American Solar Energy Society's national conference, the largest national gathering in the renewable energy field. In addition, we would like to call your attention to the Green Jobs Act of 2007 that recently passed the House (HR2847.) This legislation provides $125 million per year for green jobs training as well as funds to identify and track the new jobs and skills needed to grow the renewable energy and energy efficiency industries. What we need now is concerted effort and collaboration on the part of our business community, labor and elected officials to aggressively market this region for "green" economic development. We would be most appreciative to hear from you in the very near future with your response to this petition. There are many reasons calling upon us to take action expeditiously! REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 54 APPT SUPERVISOR OF STREET SANITATION I (PROV)(MAX)(MILLER)(PW) (CCP#27,1/22) That the Provisional Appointment of Ronald Miller, 308 Fayette Ave, Kenmore, NY 14223, to the Position of Supervisor of Street Sanitation I, at the Maximum salary of $34,311, is hereby approved. PASSED AYES -8 NOES -0 NO. 55 NOTICES OF APPOINTMENTS TEMP /PROV /PERM(CTY CLK) (CCP#40, 1/22) That the above item be the same and hereby is Received and Filed. ADOPTED ADOPTED NO. 56 APPT ADMINISTRATIVE ASSISTANT PERM)(MAX)(BUCINO)(PW) CCP#14,01/08 That the Permanent Appointment of Charlene Bucino, 15 Hobmoor Ave, Buffalo 14216, to the Position of Administrative Assistant, at the Maximum salary of $38,584, is hereby approved. PASSED AYES —8 NOES — 0 FINANCE (MICHAEL P. KEARNS, CHAIRMAN) NO. 57 RESULTS - REAL ESTATE AUCTION - SEPTEMBER 22, 2007, 31 KOONS, ETC. (ITEM NO. 14, C.C.P., JAN. 22, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Common Council approve the sale and transfer of title for six (6) properties, as attached to the above communication 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 offers were submitted. The Common Council hereby approves the transfer of 98 Phyllis pursuant to the terms and conditions of the standard real estate contract; that the transfer of 525 Fillmore Avenue is denied and the remainder of the parcels be recommitted to the Finance Committee. PASSED AYES - 8 NOES -0 NO. 58 RESULTS OF NEGOTIATION - 401 BUSTI AVENUE (ITEM NO. 6, C.C.P.— MAY 29, 2007) (ITEM NO. 69, C.C.P., DEC. 26, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the offer from Mr. Samuel Ramos residing at 399 Busti Avenue, in the sum of one thousand and eight hundred dollars ($1,800.00) for the purchase of 401 Busti Avenue, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and Feb 5, 2008 02/05/08 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 -8 NOES -0 NO. 59 REPORT OF AUCTION - 237 MASTEN (ITEM NO. 16, C.C.P., DEC. 11, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation: Mr. Kearns Moved that the above item be recommitted to the Committee on Finance ADOPTED NO. 60 RESULTS - REAL ESTATE AUCTION - SEPTEMBER 22, 2007, 64 VICTORIA, ETC. (ITEM NO. 3, C.C.P., DEC. 26, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Common Council approve the sale and transfer of title for 10 Girard, 120 Goembel, 653 Goodyear as attached to the above communication to the bidders listed in accordance with the terms and conditions of the sale and that the remainder be recommitted to the Finance Committee. 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 offers were submitted. PASSED 10 Girard, 120 Goembel, 653 Goodyear Remainder Recommit AYES - 8 NOES — 0 NO. 61 RESULTS - REAL ESTATE AUCTION - SEPTEMBER 22, 2007 - 260 LAUREL ( #12), ETC. (ITEM NO. 6, C.C.P., NOV. 27, 2007) (ITEM NO. 97, C.C.P., DEE. 11, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved that the above item be recommitted to the Committee on Finance ADOPTED NO. 62 RESULTS OF NEGOTIATIONS - 177 NORTHAMPTON (IEM NO. 9, C.C.P., OCT. 2, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved that the above item be recommitted to the Committee on Finance ADOPTED COMMUNITY DEVELOPMENT (MICHAEL J. LOCURTO, CHAIRPERSON) NO. 63 2008 -2009 ANNUAL PLAN (YEAR 34 COMMUNITY DEVELOPMENT BLOCK GRANT) (ITEM NO. 1, C.C.P., JAN. 22, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. That the above item be the same and hereby is Received and Filed ADOPTED NO. 64 RE -ENTRY GRANT WITH BERC AND DEPARTMENT OF COMMUNITY SERVICES (POL) (#291/22) That the above item be the same and hereby is Received and Filed ADOPTED NO. 65 NYSDEC RESOLUTION SUPPORTING THE ELIGIBILITY OF 432 PEARL ST AND 267 FRANKLIN ST IN NYS BROWNFIELD CLEANUP PROGRAM (#46 01/22) That the above item be the same and hereby is Received and Filed ADOPTED NO. 66 KEY BANK DEPARTURE FROM BROADWAY MARKET (ITEM NO. 88, C.C.P., JAN. 22, 2008) Feb 5, 2008 02/05/08 That the Department of Economic Development Permits and Inspections, and its Office of Strategic Planning, work with the Broadway Market Board and all other relevant parties to help retain or find a new anchor tenant for the Broadway Market pending the departure of Key Bank on May 1, 2008. ADOPTED NO. 67 RESULTS OF NEGOTIATIONS - 444 WOODLAWN (ITEM NO. 13, C.C.P., JUNE 12, 2007) (ITEM NO. 102, C.C.P., DEC. 11, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved that the above item be recommitted to the Committee on Community Development ADOPTED LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRPERSON) NO. 68 J. KANUTSO, PETITION TO USE 2299 SOUTH PARK, A/K /A 2301 SOUTH PARK, ALTERATIONS TO AN EXISTING RESTAURANT (ITEM NO. 48, C.C.P., JAN. 22, 2008) That after the public hearing before the Committee on Legislation on January 29, 2008, the petition of J. Kanutso, agent, for permission to use 2299 South Park, a /k/a 2301 South Park, alterations and renovations to an existing sit -in restaurant be, and hereby is approved. PASSED AYES - 8 NOES — 0 NO. 69 APPOINTMENT MEMBER TO THE COMMISSION ON CITIZENS' RIGHTS AND COMMUNITY RELATIONS (ITEM NO. 4, C.C.P., JAN. 22, 2008) That the appointment of Sherrill W. Colston, residing at 333 Porter Avenue, as a member of the Commission on Citizens' Rights and Community Relations for a term commencing immediately and expiring December 31, 2010 be, and hereby is approved on the condition that he does not owe any outstanding liens to the City of Buffalo. PASSED AYES -8 NOES — 0 NO. 70 RESTAURANT DANCING CLASS RENEWAL - 120 CHURCH (ITEM NO. 32, C.C.P., JAN. 22, 2008) That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit & Inspection Services be, and he hereby is authorized to renew a Restaurant Dancing Class III license to James Horsman, d /b /a Adam's Mark Hotel, located at 120 Church upon the conditions that: 1. There be no comingling of individuals under and over 21 years of age 2. 2. That the exterior be cleaned by 6 am every morning 3. That they and all graffiti be removed within 24 hours of notice thereof PASSED WITH CONDITIONS AYES - 8 NOES — 0 NO. 71 USED CAR DEALER - 908 GENESEE (ITEM NO. 33, C.C.P., JAN. 22, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Used Car Dealer License to Ronald Graham d /b /a Chrome Motors located at 908 Genesee. Approved with a 5 Car Limit PASSED AYES -8 NOES -0 NO. 72 D. BRADLEY & O- OPPOSE DEVELOPMENT OF PROPERTY SURROUNDING NFTA RAILROAD PROPERTIES CCP #50,1/22 That the above item be the same and hereby is Received and Filed. ADOPTED NO. 73 ORDINANCE AMENDMENT - CHAPTER 437 - TAXICABS, LIVERIES AND SIGHTSEEING BUSES (ITEM NO. 84, C.C.P., JAN. 22, 2008) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Feb 5, 2008 02/05/08 Mr. Golombek moved That after the public hearing before the Committee on Legislation on January 29, 2008, the Ordinance Amendment as contained in Item No. 84, C.C.P., January 22, 2008, be and the same hereby is approved. PASSED AYES -8 NOES -0 NO. 74 K. WATSON, OWNER, USE 228 DOAT ST FOR HSF(LOV)(NO PUB HRG) CCP #25,1/8/08 That the above item be the same and hereby is Received and Filed. ADOPTED NO. 75 APPOINTMENT MEMBER TO THE BUFFALO PRESERVATION BOARD (ITEM NO. 1, C.C.P., DEC. 11, 2007) That the appointment of members to the Buffalo Preservation Board of Carla Singleton, residing at 226 Blaine Avenue and Edward O. Watts, Jr., residing at 3826 Main Street for terms commencing immediately and expiring November 30, 2010 be, and they hereby are approved on the condition that they do not owe any outstanding liens to the City of Buffalo. PASSED AYES -8 NOES -0 NO. 76 JUDAH CHRISTIAN FELLOWSHIP, INC. USE 1105 BROADWAY FOR HSF (FILI)(NO PUB HRG) CCP #52,10/30 That the above item be the same and hereby is Received and Filed. ADOPTED NO. 77 FILING COPIES - COUNCIL & CITISTAT MEETINGS(PW) CCP# 18,10/30 That the above item be the same and hereby is Received and Filed. ADOPTED NO. 78 J. GOLOMBEK -D. SMITH -INFO RE RFP 181 ELLICOTT ST (ELL) CCP#42,10/30 That the above item be the same and hereby is Received and Filed. ADOPTED NO. 79 A. RANDACCIO -NFTA RE SERVICE AT BUS TERMINAL 181 ELLICOTT ST CCP#48,10/30 That the above item be the same and hereby is Received and Filed. ADOPTED NO. 80 PROPOSED CHANGE IN TRAFFIC DIRECTION -WEST CHIPPEWA ST (ELL)(PW) CCP #23,10/16 That the above item be the same and hereby is Received and Filed. ADOPTED NO. 81 FILING COPIES OF COUNCIL & CITISTAT MEETING TAPED WITH THE CITI CLERK (EXEC 1 ST AND 2 ND RES) CCP# 104, 9/18 That the above item be the same and hereby is Received and Filed. ADOPTED NO. 82 J. GUASTAFERRO- AGENT -USE 319 ELM, CONVERT 2 ND FI TO A HUMAN SERV. FAC. (EII)(NO PUB HRG) CCP #102,9/14 That the above item be the same and hereby is Received and Filed. ADOPTED NO. 83 ORDINANCE AMENDMENT - CHAPTER 454 -TOW TRUCKS CCP# 126,6/26 That the above item be the same and hereby is Received and Filed. ADOPTED Feb 5, 2008 02/05/08 NO. 84 BLOCK BATTAGLIA GARBAGE SCHEME PART 12 (ITEM NO. 102, C.C.P., MAY 15, 2007) That the Erie County Health Commissioner and the Attorney General of the State of New York be put on notice that they may once again need to use their authority to prevent a Buffalo neighborhood from being turned into a garbage transfer station site; and That the City Planning Board or any other appropriate city agency deny Peter Battaglia Demolitions Inc. request for a new rail spur at 1037 - 1055 Seneca Street, if the request is to be used for the import or export of solid waste at the site; and That the Common Council stands in absolute opposition to the plan by Peter Battaglia Demolition, Inc. to bring onto its property at 1037 -1055 Seneca Street solid waste garbage for the purposes on handling and transporting. ADOPTED NO. 85 RESTAURANT DANCING CLASS LII - 777 MAIN (ITEM NO. 27, C.C.P., APR. 17, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Restaurant Dancing Class III License to Paul Bonetto, d /b /a The Bin Martini, located at 777 Main Street Upon the Following conditions 1. No One under 21 shall be allowed on the premises other than employees of the licenses 2. That the exterior be cleaned by 6 am every morning and 3. That all the graffiti be removed within 24 hrs of notice thereof PASSED AYES -8 NOES -0 RESOLUTIONS NO. 86 BY MR DAVIS HOME RULE MESSAGE REQUESTING THE NEW YORK STATE LEGISLATURE TO APPROVE ASSEMBLY BILL A.7817 AND SENATE BILL S.5525 AUTHORIZING THE EXPENDITURE OF PROCEEDS FROM BONDS ISSUED BY THE CITY OF BUFFALO FOR THE REHABILITATION AND RECONSTRUCTION OF STREETS /CURBS /SIDEWALKS IN THE HOMEOWNERSHIP ZONE WHEREAS: A Bond Resolution of the City of Buffalo, New York ( "the City ") was adopted on February 7, 2006 authorizing the issuance of $830,000 General Improvement Bonds of the City, the proceeds of which were intended to finance the costs of rehabilitation and reconstruction of streets, curbs and sidewalks in the Homeownership Zone at an estimated cost of $830,000; and WHEREAS: On April 26, 2006, said bond was issued in the amount of $823,196.97 for the intended purpose of financing the costs of rehabilitation and reconstruction of streets, curbs and sidewalks in the Homeownership Zone; and WHEREAS: Due to an administrative error that occurred during the preparation of the Bond Resolution authorizing the issuance of said funds, language inconsistent with the actual purpose of issuing said funds was included. This language incorrectly indentified the purpose of issuing said funds as "to finance the cost of removal of dead or diseased trees in the area bounded by Cherry Street, Adams Street, Seneca Street and Michigan Avenue in the City "; and WHEREAS: The actual intended purpose of issuing said bonds was to finance the cost of rehabilitation and reconstruction of various streets, curbs and sidewalks in the Homeownership Zone including asphalt pavement milling /resurfacing, curbing, highway storm drainage, sidewalks, street lighting, traffic control systems and other related right of way enhancements on existing City streets within the Homeownership Zone; and WHEREAS: In order for Assembly bill A.7817 to be reported out of the "Cities Committee" in the New York State Assembly, Rule IV, Section 6(1) of the Rules of the New York State Assembly requires that the City of Buffalo must sponsor a Home Rule Message for bill A.7817; and WHEREAS: Senate bill S.5525, a bill identical to Assembly bill A.7817, cannot be reported out of the "Committee on Local Government" until a Home Rule request has been filed by the City of Buffalo. NOW, THERFORE, BE IT RESOLVED: That the purpose of issuing such bonds be deemed to be financing the cost of rehabilitation and reconstruction of various streets, curbs and sidewalks in the Homeownership Zone, including asphalt pavement milling /resurfacing, curbing, highway storm drainage, sidewalks, street lighting, traffic control systems, and other related right of way enhancements on existing City streets within the Homeownership Zone. BE IT IS FURTHER RESOLVED: That the City of Buffalo Common Council hereby requests the New York State Legislature to approve Assembly bill A.7817 and Senate bill S.5525 so as to enable the City of Buffalo, NY to expend the bond proceeds for the correct purposes as cited herein. BE IT FINALLY RESOLVED: That the City Clerk is hereby directed to forward 8 copies of this resolution and 8 completed copies of the Home Rule Request to the New York State Legislature as follows: Four copies of this Resolution and four completed copies of the Home Rule Request should be sent to the Senate Home Rule Counsel, at Senate Post Office, 208 Feb 5, 2008 02/05/08 Legislative Office Building, Albany, NY 12247; and four copies of this Resolution and four completed copies of the Home Rule Request should be sent to the New York Assembly Home Rule Counsel, at Assembly Post Office, 210 Legislative Office Building, Albany, NY 12248. ADOPTED NO. 87 SPONSORED BY: BRIAN C. DAVIS NYS REQUEST FOR APPLICATION FOR THE NY MAIN ST GRANT IN 2008 Whereas: The State of New York has issued a request for application for the New York Main Street Grant in 2008; and Whereas: Directed by the State Housing Trust Fund Corporation and the Division of the Housing and Community Renewal, this program provides Millions of dollars in commercial district renewal funds all over New York State; and Whereas: Buffalo Place will apply for $200.000 of those funds to rehabilitate buildings on Main Street in downtown Buffalo, with owners required to match NYS Main Street money with their own funds and with funds paid out only on a reimbursement basis; and Whereas: Buffalo Place received an allocation of NYS Main Street dollars in 2006 and demonstrated its ability to successfully administer the program, with funds budgeted for 501,505,515,519 and 537 Main Street; and Whereas: Downtown Buffalo is in need of the additional investment that will be spurred by the grant should Buffalo Place be successful in its application Now Therefore Be Resolved That: That Buffalo Common Council of the City of Buffalo enthusiastically endorses the Buffalo Place Main Street Building and Facade Program and Buffalo Place application for $200.000 of NYS Main Street Grant Money and calls upon the State of New York to give every consideration to funding this very worthy submission to the New York State Main Street program. Brian C. Davis Ellicott District Councilmember ADOPTED NO. 88 BY: MR. FONTANA EXCUSE COUNCILMEMBER RUSSELL FROM MEETING Whereas: Councilmember Bonne E. Russell will be unable to attend the Council meeting on Tuesday, February 5, 2008; Now, Therefore, Be It Resolved That: The Common Council excuses Councilmember Bonnie E. Russell from attending The Tuesday, February 5, 2008, Common Council meeting. ADOPTED NO. 89 BY: MR. FONTANA, ETC. AUTHORIZING RESOLUTION FIRST :AMENDMENT TO GROUND LEASE OF SCHOOLS AND AMENDED AND RESTATED STATE AND TRUST AGR.EEMENT FOR PHASE IIIB OF BUFFALO SCHOOLS REDEVELOPMENT PROJECT WHEREAS, Resolution of the City of Buffalo authorizing a lease of certain educational facilities to the Erie County Industrial Development Agency and authorizing an Amended —d Restated State Aid Trust Agreement to facilitate collection and deposit of state aid to education and payment of debt service on bonds issued by said Agency to finance the renovation, reconstruction equipping and furnishing of such facilities, determining the terms and conditions of such agreements, and other matters in connection therewith. WHEREAS, The Legislature of the State of New York, pursuant to Chapter 605 of the Laws of 2000, as amended by Chapter 59 of the Laws of 2003, and Chapter 421 of the Laws of 2004 of the State, and Chapter 283 of the Laws of 2006 (the "School Act ") has enacted legislation authorizing the Erie County Industrial Development Agency ( "ECIDA ") to finance, own, or lease educational facilities of the City of Buffalo (the "City ") and the City School District of the City of Buffalo (the "School District ") to be renovated or reconstructed pursuant to state law; and WHEREAS, The City and the School District through their duly authorized agent for such purposes, the Joint School Construction Board ( "JSCB "), have entered into arrangements with the ECIDA to finance various punic school facilities and to assist in the acquisition, renovation, construction, reconstruction, improvement, equipping and furnishing of such public school facilities within the City in order to implement the comprehensive redevelopment of the City's public schools (the "Project "); and WHEREAS, The initial phase of Project, the leasing of school facilities related thereto, and the disposition of State Aid Revenues (hereafter defined) in connection therewith, were approved by resolution of the Common Council of the City of Buffalo on October 22, 2002 (Item 143, C.C.P. October 22, 2002); and WHEREAS, The second phase of Project, the leasing of school facilities related thereto, and the disposition of State Aid Revenues (hereafter defined) in connection therewith, were approved by resolution of the Common Council of the City of Buffalo on December 2, 2004 (Item 133, C.C.P. December 2, 2004); and Feb 5, 2008 02/05/08 WHEREAS, The first portion of the third phase of the Project, the leasing of the school facilities thereto, and the disposition of State Aid Revenues (hereafter defined) in connection therewith, were approved by resolution of the Common Council of the City of Buffalo on ,2007 (Item - -, 2007); and WHEREAS, The second portion of the third phase of the Project (the "Phase III B Project ") is to be located at the facilities more specifically set forth in Appendix A annexed hereto (collectively the "Facilities "), for lease to the ECIDA pursuant to a First Amendment to Ground Lease (Series 2008 Project) among the City, the School District and the ECIDA (the "Ground Lease "); and WHEREAS, In order to finance a portion of the cost of the Phase III B Project, the ECIDA intends to issue from time to time its School Facility Revenue Bonds (City School District of the City of Buffalo Projec0, Series 2008A (the "ECIDA Bonds "), all pursuant to the School Act and other applicable legislation, and to secure the ECIDA Bonds with installment payments to be paid by the School District to the ECIDA pursuant to a Facilities Installment Sale Agreement (the "Facilities Agreement ") between the ECIDA and the Buffalo Board of Education; and WHEREAS, The School District's obligation to make such installment payments to the ECIDA will be subject to annual appropriation by the State of New York and the School District and will be payable solely from the total amount of annual aid to education paid by the State of New York (the "State ") to the School District and earnings an the investment thereof while in the custody of the Depository Bank under the Amended and Restated State Aid Trust Agreement, herein defined ( "State Aid Revenues "); and WHEREAS, Pursuant to the State Education Law (1) the disbursement of State Aid Revenues is solely the prerogative and responsibility of the Board of Education so long as such revenue is spent for the educational purposes appropriated and within the limits of the appropriation, (2) the Board of Education shall make such classification of the funds under its management sad control and the disbursements thereof as the Comptroller of the City (the "Comptroller ") shall require, and (3) the Board of Education shall furnish such data in relation to such funds and their disbursements as the Comptroller shall require; and WHEREAS, The Comptroller periodically authorizes the issuance of City revenue anticipation notes in anticipation of the receipt of State Aid Revenues and the Comptroller is required by State law to provide for the set aside of State Aid Revenues to provide for repayment of such notes and WHEREAS, The establishment and maintenance of a Amended and Restated State Aid Trust Agreement in respect of which the State Aid Revenues are to be deposited fur periodic disbursement in the respective amounts necessary for payment of installment payment: due under the Facilities Agreement and City revenue anticipation notes issued in anticipation of State Aid Revenues will facilitate the marketing and sale of the ECIDA Bonds secured by such lease payments; NOW— THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO as follows: Section 1. The Common Council of the City hereby determines and makes appropriate legislative findings that the Project and the financing thereof by the ECIDA is beneficial for the residents of the City and will premote educational opportunities to the residents of the City. Section 2. In furtherance of the Project, the Common Council of the City hereby authorizes the lease of the Facilities to the ECIDA. For the purposes of providing the terms and conditions applicable to the leasing of the Facilities to the ECIDA, the Ground Lease a form of which is attached hereto as Appendix B and made a part hereof with such changes as the Mayor of the City shall deem advisable, be and the same is, hereby approval; and the Mayor of the City is hereby authorized and directed to execute, acknowledge and deliver the Ground Lease in the name of the City; the execution and delivery of the Ground Lease shall be conclusive evidence of due authorization and approval of by the Common Council of the City of the Ground Lease. Section 3. In order to facilitate the payment by the School District of installment payments under the Facilities Agreement and the marketing and sale of the ECIDA Bonds, the Common Council of the City hereby authorizes the Comptroller to direct the payment of State Aid Revenues pursuant to instructions from the Comptroller and the Superintendent of the School District delivered to the New York State Comptroller to Manufacturers and Traders Trust Company, Buffalo, New York, as depository bank (the "Depository Bank")- Such State Aid Revenues will be held by the Depository Bank in a State Aid Trust Fund and will be disbursed from such fund from time to time to pay installment payments due under the Facilities Agreement. For the purposes of providing for the terms of the collection and deposit of State Aid Revenues into the State Aid Trust Fund and the investment thereof and the disbursement of amounts held therein, the Amended and Restated State Aid Trust Agreement, in such form as the Mayor of the City shall deem advisable, be and the same is, hereby approved; and the Mayor of the City is hereby authorized and directed to execute, acknowledge and deliver the Amended and Restated State Aid Trust Agreement in the name of the Common Council of the City, and the execution and delivery of the Amended and Restated State Aid Trust Agreement shall be conclusive evidence of due authorization and approval of by the Common Council of the City of the Amended and Restated State Aid Trust Agreement. Section 4. The Common Council of the City and the Board of Education of the School District, along with their properly authorized agent, the JSCB, are hereby authorized to proceed with the Phase III B Project and the Mayor of the City is hereby designated the authorized representative of the Common Council of the City and he is hereby authorized and directed to execute and deliver any and all papers, instruments, agreements, opinions, certifications, affidavits and other documents and to do and cause to be done any and all acts and things necessary or proper for the carrying out of this resolution and any instrument, agreements or other documents authorized hereby, and any prior actions taken to effectuate the Phase III B Project by the JSCB are hereby ratified- Section 5. No stipulation, obligation or agreement contained in this resolution, the Ground Lease, the Amended and Restated State Aid Trust Agreement or any other documents executed by the City pursuant to the Ground Lease, the Amended and Restated State Aid Trust Agreement or any agreement in furtherance hereof shall be Feb 5, 2008 02/05/08 deemed to be a stipulation, obligation or agreement of any member of the Common Council, officer, agent or employee of the City in his or her individual capacity and neither the members of the Common Council of the City nor any officer executing any of the agreements authorized by this Resolution shall be liable personally on such agreements or be subject to any personal liability or accountability by reason thereof. Section 6. This resolution shall take effect immediately upon approval of the Mayor of the City. PASSED AYES - 8 NOES — 0 NO. 90 BY MR. FRANCZYK, MR SMITH AND MR DAVIS A RESOLUTION TO DESIGNATE FEBRUARY 7, 2008, AS "NATIONAL BLACK HIV /AIDS AWARENESS DAY" IN BUFFALO, NEW YORK WHEREAS: February 7, 2008, is the eighth annual observance of National Black HIV /AIDS Awareness Day; and WHEREAS: this observance is a nationwide effort to mobilize Black American communities to get educated, get tested, get treated and get involved with HIV /AIDS, as it continues to devastate Black communities; and WHEREAS: National Black HIV /AIDS Awareness Day is directed, planned and strategically overseen by a Strategic Leadership Council made up of eight organizations, including the Centers for Disease Control and Prevention (CDC) to mobilize community -based organizations and stakeholders involved in HIV /AIDS prevention, care and treatment; and WHEREAS: 2,492 residents of Buffalo, New York are living with HIV and 43.7% of these men, women and children are Black Americans; and WHEREAS: GROUP Ministries, Inc are hosting community events to recognize this day and its importance to Black Americans and all concerned citizens; and WHEREAS: it is fitting that we join with these national and local groups to express our strong support for National Black H /V /A /DS Awareness Day and the initiatives to prevent the spread of HIV /AIDS in Black American communities and provide treatment and support services to those living with HIV /AIDS; now, therefore, NOW, THEREFORE, BE IT RESOLVED BY THE City Council: that we designate February 7, 2008, as National Black H /V /A /DS Awareness Day in Buffalo, New York, and urge local residents to strongly support this day and participate in events planned to commemorate the occasion. ADOPTED NO. 91 BY: MR. GOLOMBEK CITY OF BUFFALO PRESERVE AMERICA DESIGNATION APPLICATION WHEREAS, Preserve America is a White House initiative developed in cooperation with the Advisory Council on Historic Preservation, the U.S. Department of the Interior, and the U.S. Department of Commerce; and WHEREAS, the goals of this initiative include a greater shared knowledge about our Nation's past, strengthened regional identities and local pride, increased local participation in preserving the country's irreplaceable cultural and natural heritage assets, and support for the economic vitality of communities; and WHEREAS, this initiative is compatible with our community's interests and goals related to historic preservation; and WHEREAS, designation as a Preserve America Community will improve our community's ability to protect and promote its historical resources; now therefore be it RESOLVED, that the City of Buffalo will apply for the designation of the City of Buffalo as a Preserve America Community; and be it further RESOLVED, that the City of Buffalo will protect and celebrate our heritage, use our historic assets for economic development and community revitalization, and encourage people to experience and appreciate local historic resources through education and heritage tourism programs. NOW, THEREFORE, BE IT RESOLVED: That the Mayor is hereby authorized to execute any and all documentation necessary to apply, accept and administer said grant funding- ADOPTED" NO. 92 BY: MR. GOLOMBEK INTERMUNICIPAL AGREEMENT FOR THE BLACK ROCK CANAL PARK FEASIBILITY STUDY WHEREAS: The City of Buffalo desires to undertake a Feasibility Study evaluating and analyzing the findings contained in the Concept Plan documents prepared by the City of Buffalo - Black Rock/Riverside Good Neighbor Planning Alliance, WHEREAS: The proposed Black Rock Canal Park would provide enhanced waterfront recreation experiences for all City residents and in particular those residing in the City's Black Rock and Riverside Neighborhoods; WHEREAS: The proposed Black Rock Canal Park would improve the existing conditions of the City's Ontario Street Boat Launch Site, Riverwalk and Cornelius Creek Park; WHEREAS: The County of Erie has expressed a willingness to assist the City in its efforts to conduct the feasibility study and has pledged $100,000 from various capital accounts to facilitate its completion; WHEREAS: The City is desirous of contributing $50,000 towards the cost of the study and said amount has been budgeted for that purpose; Feb 5, 2008 02/05/08 NOW, THEREFORE, BE IT RESOLVED: That the Mayor is hereby authorized to enter into an Intermunicipal Agreement with the County of Erie to facilitate the completion of a feasibility study upon terms and conditions not inconsistent herewith in a form acceptable to the Corporation Counsel. PASSED AYES - 8 NOES — 0 NO. 93 MR. GOLOMBEK RE: LEGISLATIVE AIDE APPOINTMENT WHEREAS: I am appointing Jason Cozza, who resides at 573 Auburn Ave., Buffalo, New York as a Legislative Aide in my office; and WHEREAS: Mr. Cozza has been active in the community for many years; and WHEREAS: Mr. Cozza is excited to help me serve the residents of the North District; NOW THEREFORE BE IT RESOLVED: That the Common Council appoints Mr. Jason Cozza to the position of Legislative Aide for the North District. ADOPTED BY: MR. KEARNS NO. 94 APPOINTMENT MARRIAGE OFFICER Pursuant to Chapter 49 of the laws of New York (1988), which allow a governing body the right to appoint one or more Marriage Officers, who have the authority to solemnize marriages, I am requesting the appointment of the following persons whose appointment as a Marriage Officer shall expire at the end of the four year appointment. Kevin Kelley Wilmer Olivencia Jr ADOPTED NO. 96 MICHAEL P. KEARNS DECLARING THE CITY OF BUFFALO COMMON COUNCIL'S INTENT TO ACT AS LEAD AGENCY PURSUANT TO THE NEW YORK STATE ENVIRONMENTAL QUALITY REVIEW ACT REGARDING THE ADOPTION AND IMPLEMENTATION OF THE SOUTH BUFFALO BROWNFIELD OPPORTUNITY AREA MASTER PLAN Whereas: The City of Buffalo has been awarded a significant grant through the New York State Department of State Brownfield Opportunity Area Program to prepare a Nomination Study and Implementation Strategy for the South Buffalo Brown field Opportunity Area (BOA or BOA Plan); and Whereas: The South Buffalo BOA is comprised of approximately 1,800 acres of strategically located, but largely underutilized land in South Buffalo, bounded by New York State Route 5 on the west, Hopkins Street and South Park Avenue on the east, the Buffalo River on the north and the City of Buffalo -City of Lackawanna municipal boundary on the south; and Whereas: The BOA Plan will be crucial to the renaissance of adjacent neighborhoods, the Buffalo River corridor, the Lake Erie waterfront and the City of Buffalo, and will be important for charting the reclamation and redevelopment of these valuable lands; and Whereas: Prior to the adoption and implementation of the BOA Plan, the requirements of the New York State Environmental Quality Review Act (SEQRA) must be satisfied; and Whereas: Adoption of the BOA Plan exceeds Type I thresholds specified in Section 617.4 of the SEQRA regulations (6 NYCRR Part 617), requiring a coordinated review with potentially involved agencies; and Whereas: The BOA Plan will involve numerous governmental agencies including but not limited to the New York State Department of State and the New York State Department of Environmental Conservation; and Whereas: In accordance with the SEQRA regulations for Type I actions, the City has prepared Part 1 of a Full Environmental Assessment Form which will assist the designated lead agency with its obligation under SEQRA to issue a determination of significance regarding adoption and implementation of the BOA Plan; and Whereas: The City believes it has primary responsibility for the BOA Plan and is willing to act as lead agency pursuant to SEQRA; and Whereas: The City proposes to act as the SEQRA lead agency for the adoption and implementation of the BOA Plan, and will undertake a coordinated review by requesting the consent from the other potentially involved agencies to act as SEQRA lead agency. Now, Therefore, Be It Resolved: That the City of Buffalo Common Council hereby declares its intent to act as lead agency pursuant to SEQRA regarding adoption and implementation of the BOA Plan and will conduct a coordinated review with agencies identified as being potentially involved (having an approval regarding the adoption and /or implementation of the BOA Plan) by distributing a written request for lead agency status and Part 1 of a Full Environmental Assessment Form to those potentially involved agencies. Now, Therefore, Be It Further Resolved: That a draft of Appendix A of the Full Environmental Assessment Form and a Site Map Are Included Herewith ADOPTED NO. 96 BY: MR. KEARNS Feb 5, 2008 02/05/08 TRANSFER OF FUNDS COMMON COUNCIL - LEGISLATIVE That pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $15,000 be and the same is hereby transferred from the City Clerk and said sum is hereby reappropriated as set forth below: City Clerk 10220006 - 432004 Engineering & Technical $15,000 To: Legislative - Personal Services 10102001 - 412002 Hourly Salary $15.000 PASSED AYES -8 NOES -0 NO. 97 RE: ORDINANCE AMENDMENT CHAPTER 511, ZONING KEARNS, ETC. The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 511 of the Code of the City of Buffalo be amended to read as follows: § 511 -67. Buffalo Coastal Special Review District. District regulations. (1) Limits. The Buffalo Coastal Special Review District is hereby designated as a Special Review Zoning District and shall include that area defined as follows: Beginning at the point of intersection of the northerly line of the Buffalo River and the Harbor Line, and thence proceeding easterly along the northerly line of the Buffalo River to the center line of Michigan Avenue; thence proceeding northerly along the center line of Michigan Avenue to its intersection with the center line of Ohio Street; thence proceeding southeasterly along the center line of Ohio Street to its intersection with the center line of St. Clair Street; thence proceeding northeasterly along the center line of St. Clair Street to its intersection with the center line of South Street; thence proceeding easterly along the center line of South Street to its intersection with the center line of Hamburg Street; thence proceeding northerly along the center line of Hamburg Street to its intersection with the center line of O'Connell Street; thence proceeding easterly along the center line of O'Connell Street to its intersection with the center line of Fitzgerald Street; thence proceeding northerly along the center line of Fitzgerald Street to its intersection with the center line South Park Avenue; thence proceeding easterly along the center line of South Park Avenue to its intersection with the center line of Smith Street; thence proceeding northerly along the center line of Smith Street to its intersection with the center line of Elk Street; thence proceeding easterly along the center line of Elk Street to its intersection with Bailey Avenue; thence proceeding southerly along the center line of Bailey Avenue to its intersection with the center line of South Park Avenue; thence proceeding westerly along the center line of South Park Avenue to its intersection with the center line of Hopkins Street; thence proceeding southerly along the center line of Hopkins Street to its intersection with the south City line (excluding South Park); thence proceeding westerly along the south City line to the Stoney Point Breakwater. (2) Legislative intent. (a) The Common Council finds that the stability, economic viability and future prosperity of the Buffalo coastal area is being threatened by inconsistent development and by uses not related to the coastal area. (b) The Common Council further finds that inadequately controlled development may jeopardize a balance of residential, commercial, port - related industrial and public access uses and thus adversely affect the welfare and economic well -being of the City and its residents. (c) The Common Council therefore finds that future development shall be controlled by the creation of a special zoning district. (3) Restricted uses. (a) Any of the uses which presently are permitted under zoning district regulations of this chapter of the Code of the City of Buffalo or which may be established or extended pursuant to said chapter shall be permitted uses in the Buffalo Coastal Special Review District, but only upon the issuance of a restricted use permit as permitted by Subsection D of this section. No individual or entity shall affix any vessel to any private or public dock within the Buffalo Coastal Special Review District, nor permit any vessel to harbor within fifteen hundred (1500) feet of any dock, land, or bank line within the Buffalo Coastal Special Review District without first obtaining a restricted use permit pursuant to this chapter. (b) The following listed uses shall be exempt from the review required by this section: [1] Residential uses in residential districts. [2] Development plans, duly approved. [3] Cl, C2 and CM uses on land 10,000 square feet or less in area. [4] Public parks, playgrounds and nature preserves. [5] Educational facilities. [6] Improvements to properties not exceeding $10,000 in permit value. [7] Installation of air or water quality improvement equipment. [8] Demolition of substandard structures. [9] Any action needed to comply with requirements of law. (4) Restricted use permit. Any person seeking to establish or extend a use restricted Feb 5, 2008 02/05/08 by this section shall file an application for a restricted use permit as approved by § 511 -55 of this chapter. The City Planning Board, in its report of recommendations to the Common Council, shall describe considerations involving air and water quality, coastal management, flood hazards and environmental impact of the proposed uses. In making its recommendation, the City Planning Board shall also coordinate referrals to other affected governmental agencies and report to the Common Council on such coordination. (5) Height restrictions. Any application under Subsection A(4) above shall include maximum heights involved in any use seeking to be established or extended under this subdivision. Such maximum height shall be subject to the approval of the Common Council and, once approved, shall not be exceeded. B. Buffalo River Open Space Corridor. (1) It is herein determined that the Buffalo River represents a major resource of increasing importance to the well being and economic vitality of the City of Buffalo. It is further determined that, along the Buffalo River within the area defined by the Buffalo Coastal Special Review District, there is a need to promote a healthy synergy between environmental protection of the waterway and urban redevelopment, utilizing the Buffalo River as a second waterfront for public enjoyment and economic development. Requiring new development along the river that is not water - dependent to be set back from the shoreline will better improve water quality by filtering nonpoint source runoff of pollutants, enhance fish and wildlife habitat along the river, improve flood and erosion control, and enhance the aesthetic and recreational experience of those who are using the fiver and its shorelines, and also increase the quality and value of commercial redevelopment along the shorelines. established dockline (point distinguishing water from land) as defined on the master Zoning Map or at the top of the developed bank for all property in the City which falls within 25 feet beginning at the point of intersection of the Buffalo River and the Harbor line and proceeding to the intersection of the center line of Ohio Street and the Buffalo River and is to be designated as the "Downstream Corridor." Beginning at the point of intersection of the Buffalo River and the center line of Ohio Street and proceeding to the City line and designated the "Upstream Corridor" there shall be provided and maintained a yard, not less than 100 feet in depth, measured from the established dockline (point distinguishing water from land) as defined on the master Zoning Map or at the top of the developed bank for all property in the City within 100 feet of the Buffalo River. Except as provided in Subsection B(3) below, no structure or use within the Buffalo Coastal Special Review District shall extend into a required yard along the river frontage. Within the required waterfront yards, natural plant growth shall be maintained to the fullest extent practicable, except in developed areas where landscaping shall be maintained in good condition. (3) Area exceptions granted under this section shall permit a structure within the riverfront yard, provided that plans and supporting materials submitted by the applicant demonstrate that (a) application of the riverfront yard requirement imposes a hardship on the owner as set forth in § 81 et seq. of the General City Law as determined by the Zoning Board of Appeals; or (b) the development must be built on or near the water because the proposed use is "water - dependent' (as defined below); or (c) the proposed use is "water- enhanced" (as defined below) by its proximity to the water and is determined by the Planning Board of the City of Buffalo to promote a sound balance between environmental protection and economic redevelopment. For purposes of this section, uses and facilities that are "water- dependent' include but are not limited to the following: 1. Uses which depend on the utilization of resources found in river waters (for example: fishing, mining of sand and gravel, mariculture activities); 2. Uses involved in the maintenance or improvement of river water quality (for example: water treatment plant, dredging operations); 3. Recreational activities, which depend on access to river waters (for example: swimming, fishing, boating, wildlife viewing); 4. Uses involved in the sea /land transfer of goods (for example: docks loading areas, pipelines, short -term storage facilities); 5. Structures needed for navigational purposes (for example: dams, locks, lighthouses); 6. Flood and erosion protection structures (for example: breakwaters, bulkheads); 7. Facilities needed to store and service boats and ships (for example: marinas, boat repair, boat construction yards); 8. Uses requiring large quantities of water for processing and cooling purposes (for example: hydroelectric power plants, fish processing plants, pumped storage power plants); 9. Uses that rely heavily on the waterborne transportation of raw materials products which are difficult to transport on land, thereby making it critical that a site near to shipping facilities be obtained (for example: coal export facilities, cement plants, quarries); 10. Uses which operate under such severe time constraints that proximity to shipping facilities become critical (for example: firms processing perishable foods); 11. Scientific /educational activities which, by their nature, require access to coastal waters (for example: certain meteorological and oceanographic activities); and 12. Support facilities which are necessary for the successful functioning of permitted water - dependent uses (for example: parking lots, snack bars, first aid stations, short -term storage facilities). Though these uses must be near the given water - dependent use they should, as much as possible, be sited inland from the water - dependent use rather than on the shore. A "water- enhanced use" is defined as a use that has no critical dependence on obtaining a waterfront location, but the profitability of the use /or the enjoyment level of the users would be increased significantly if the use were adjacent to, or had visual access to the waterfront. Examples by way of illustration but not limitation include a restaurant that uses good site design to take advantage of a waterfront view, and an office park that incorporates the waterfront into the site layout. Any application for an exception under this subsection shall demonstrate that encroachment on the riverfront yard required by this section is the minimum necessary to Feb 5, 2008 02/05/08 meet conditions (a) and /or (b) and /or (c) of this subsection and landscaping shall conform to the purpose of the Buffalo River Open Space Corridor to the extent that is physically possible. (4) Further area exceptions under this section shall permit a structure or use within the established riverfront yard, provided that such structure or use meets the specifications pursuant to § 511 -112. (5) Pursuant to § 511 -111 of this Code, any use or structure in existence on the date when this section takes effect which would be in violation of the riverfront yard requirements of this section may continue as a nonconforming use, for so long as the use or structure is not substantially expanded into the required riverfront yard; however, any said grandfathering of preexisting uses shall be limited by the provisions of § 511 -110 of this Code. C. Buffalo Coastal Special Review District Open Space Corridor. (1) Definitions. As used in this subsection, the following terms shall have the meanings indicated: WATERFRONT -- The point of contact, within the Buffalo Coastal Special Review District, between land and Lake Erie or any water body contiguous to Lake Erie. (2) The Common Council hereby determines that the Buffalo waterfront has become a major resource of increasing importance to the well -being and economic vitality of the City of Buffalo. The Council has determined that, within the area defined by the Buffalo Coastal Special Review District, there is a need to maintain, for the public good, sound development consistent with this major resource and a concurrent need to maintain the natural scenic quality of the entire waterfront, along with a potential for public access, while allowing for proper development therein. (3) In addition to the yard requirements of any underlying zoning districts, there shall be provided and maintained a yard not less than 25 feet in depth, measured from the property line adjacent to the waterfront or from the shoreline where the shoreline exceeds the property line. Except as provided in Subsection C(4) below, no structure or use shall extend into a required yard along the river frontage. Within the required waterfront yards, natural plant growth shall be maintained to the fullest extent practicable, except in developed areas where landscaping shall be maintained in good condition. (4) Area exceptions granted under this section shall permit a structure within 25 feet of the waterfront (as measured from the property line adjacent to the waterfront or from the shoreline where the shoreline exceeds the property line), provided that plans submitted by the applicant demonstrate a physical need for such structure to be located within 25 feet of the waterfront; siting considerations and landscaping shall conform to the purpose of the Buffalo Coastal Special Review District Open Space Corridor to the extent that is physically possible; and plans shall provide for open space with the potential for public access to the waterfront and through the property to adjacent waterfront properties to the extent which is physically possible. REFERRED TO THE COMMITTEE ON LEGISLATION ZONING BOARD PLANNING BOARD & ERIE COUNTY NO. 98 By: Michael LoCurto RE: ASSISTANT LEGISLATIVE AIDE APPOINTMENT WHEREAS: I am appointing Paul Alagna, who resides at 25 Knox Avenue, Buffalo, New York as a Assistant Legislative Aide in my office; and WHEREAS: Mr. Alagna is a lifelong North Buffalo resident, and WHEREAS: Mr. Alagna has been active in the community for many years NOW THEREFORE BE IT RESOLVED: That the Common Council appoints Mr. Paul Alagna to Assistant Legislative Aide for the Delaware District. ADOPTED NO. 99 By: Michael LoCurto RE: URGING THE ADOPTION OF S.4311 -A / A.9087 -A, SUPPORTING THE CREATION OF AN INDEPENDENT PUBLIC DEFENSE COMMISSION Whereas, the right of accused individuals to legal representation regardless of their financial ability to hire an attorney is a hallmark of this State and Nation's commitment to equal justice; and Whereas, the right to counsel is enshrined in the landmark decisions Gideon v Wainwright (United States Supreme Court, 1963) and People v Witenski (New York State Court of Appeals, 1965) and decisions following them', and Whereas, in 1965 New York State began requiring the counties and New York City to provide legal services mandated by law, setting out in Article 18 -B of the County Law a variety of programs that could be adopted for that purpose, for both criminal and non - criminal matters in which a right to counsel exists, all at local expense; and Whereas, the public defense system established by Article 18 -B, local costs for which were originally envisioned as being offset by state revenue sharing funds, has devolved into an underfunded state mandate that fails to ensure efficient, high - quality representation to eligible clients across the state, resulting in an ongoing crisis in the justice system; and Whereas, major flaws in the current patchwork system include lack of enforceable standards, lack of independence of the defense function, lack of adequate funding, lack of accountability, and even delaying or denying counsel to eligible clients; and Whereas, a commission appointed by Chief Judge Judith S. Kaye concluded in 2006 that a new, fully state - funded, statewide public defender system headed by an independent public defense commission is needed to guarantee the right to counsel in New York State; and Whereas, this new system is to be truly independent, entirely and adequately state funded, authorized to provide mandated legal service providers statewide through regional offices and contracts with programs able Feb 5, 2008 02/05/08 to meet relevant standards, and required to engage in standards - based, ongoing oversight of mandated legal services; and Whereas, bi- partisan legislation to implement the recommendations of the Kaye Commission has been introduced in both houses of the New York State Legislature; and Whereas, the recommendations of the Kaye Commission also have the support of the Governor, Now therefore, be it resolved: That the Buffalo Common Council supports the creation by New York State of an independent public defense commission heading a statewide public defender system as recommended by the Kaye Commission and supported by the Governor and State Legislators Of both parties. Be it further resolved: That the Buffalo Common Council encourages the Chief Judge, the Governor, State Legislators of both parties, and others to continue efforts to bring about public defense reform. Be it further resolved: That copies of this resolution be forwarded to New York State Chief Judge Judith S. Kaye, New York State Governor Eliot Spitzer, the leadership in the New York State Senate and Assembly, Chairs of the Codes and Judiciary Committees of the New York State Senate and Assembly, New York State Association of Counties, the Campaign for an Independent Public Defense Commission, and the Western New York Delegation ADOPTED NO 100 By: Mr. Rivera Co- Sponsor(s): Mr. LoCurto RE: FEES ASSOCIATED WITH REFUND ANTICIPATION LOANS WHEREAS, certain paid commercial tax preparers and other businesses, working with banks, offer their customers financial products related to income tax refunds including refund anticipation loans (RALs), which are short -term loans secured by expected tax refunds that taxpayers sometimes use to get quick access to money they expect to receive from the Internal Revenue Service (IRS), refund anticipation checks (RACs), which involve setting up a temporary bank account for a consumer without an account and issuing a check from the temporary account after the IRS has direct deposited the consumer's tax refund, assisted direct deposit (ADDs) which involves setting up a temporary account for deposit of a tax refund before transferring the refund to the taxpayer; and WHEREAS, RALs and other financial products are aggressively and sometimes deceptively marketed using terms like "Fast Money ", "Instant Money "," Rapid Refund" and "Money Now" to low- income individuals who live paycheck to paycheck and feel compelled to apply for RALs because of their dire financial situation; and WHEREAS, individuals who are not fully informed are applying for RALs that have excessive fees and interest (up to 700 %) that are allowable because the loans are backed by federally insured banks not subject to state usury laws; and WHEREAS, a disproportionate number of New Yorkers (25% in 2003) who are eligible for the anti - poverty and pro- worker Earned Income Tax Credit (EITC) apply for a RAL, as compared to New Yorkers not eligible for the EITC (4% in 2003) who apply for a RAL; and WHEREAS, Buffalo was recently named the second - poorest city in the country, with 42% of children under 18 and almost 30% of its total population living in poverty; and WHEREAS, low- income Buffalo neighborhoods have some of the highest percentages (upwards of 44 %) of individuals eligible for EITC applying for RALs and paying RAL fees in New York State; WHEREAS, the EITC helps offset the disproportionate share of payroll, sales and excise taxes that low income individuals pay allowing them to use the money instead to cover expenses like rent, utilities, child care and transportation, making it easier for individuals to keep working and improving their and their families lives; and WHEREAS, the money lost to tax preparation fees and RAL interest in the City of Buffalo is better used to improve the lives of its most vulnerable citizens and their families; and WHEREAS, the money used by EITC eligible individuals in City to pay for fees and interest -- upwards of $5 million - -is money lost to the struggling local economy; and WHEREAS, New York City passed in 2003 a local ordinance (Int 0383 -2003) requiring tax preparers offering RALs to disclose to all customers in language easily understood and accessible, the fees associated with taking out a RAL, including a side -by -side comparison of the refund a customer would receive without taking out an RAL and the refund he or she would receive if taking out an RAL; and WHEREAS, New York City law requires the tax preparer to present this information in both English and Spanish so as to make the information more widely available and understood to minority populations; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Buffalo hereby supports the safeguard of the EITC by federal, state, and local governments to ensure that money goes to the taxpayers for whom it is entitled; and BE IT FURTHER RESOLVED, that the Common Council of the City of Buffalo supports passage of legislation in New York State, particularly State Senate Bill S01677 and State Assembly Bill 1795, requiring better regulation of the practice of tax preparation, especially those of brokers who facilitate RALs, in order to ensure consumer protection; and BE IT FURTHER RESOLVED, that Common Council of the City of Buffalo requests that the Law Department of the City of Buffalo, using the successful passage of New York City's law (Int 0383 -2003) as a model, draft a similar ordinance requiring RAL brokers to prominently display all associated fees and interest rates and inform customers that they could receive their full refund from IRS in less than two weeks time if they have a bank account and use direct deposit; and Feb 5, 2008 02/05/08 BE IT FURTHER RESOLVED, that upon receipt of this ordinance from the Law Department, the Common Council of the City of Buffalo formally adopt and implement this noble effort to prevent the exploitation of low income individuals; and BE IT FURTHER RESOLVED, that the City of Buffalo will work to develop, expanding and support existing opportunities for citizens to access free tax preparation services and increase their financial literacy, therefore, ultimately improving the overall quality of life of them and their families. ADOPT 1st & 2nd RESOLVE REMAINDER REFERRED TO THE COMMITTEE ON LEGISLATION & CORPORATION COUNSEL NO. 101 By: Ms. Russell BUDGET AND PERSONNEL AMENDMENT 25 - HUMAN RESOURCES 1055 — COMPENSATION & BENEFITS 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 25 -Human Resources -1055 - Compensation and Benefits which currently reads: 8 Compensation and Benefit Specialist $ 33,830 - $ 39,379 Is hereby amended to read: 7 Compensation and Benefit Specialist $ 33,830 - $ 39,379 1 Account Clerk Typist $ 26,271 - $29,269 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 LEONARD MATARESE, COMMISSONER OF HUMAN RESOURCES 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. REFERRED TO THE COMMITTEE ON FINANCE NO. 102 By: Ms. Russell BUDGET AND PERSONNEL AMENDMENT 01- LEGISLATIVE 1005 - COUNCILMEMBER # 4 The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 01 - Legislative- 1010 - Coumcilmember # 4, 1005 which currently reads: 1 Assistant Legislative Aide $33,063 Is hereby amended to read: 2 Assistant Legislative Aide $22,063 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. PASSED AYES - 8 NOES -0 NO. 103 By: Ms. Russell BUDGET AND PERSONNEL AMENDMENT 03 - EXECUTIVE DEPARTMENT -1514 REAL ESTATE 14 - ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS -1112 TOWING, 1113 - PARKING ENFORCEMENT, 1075- PARKING ENFORCEMENT, 17 -1081 - INVENTORY & STORES 25 - HUMAN RESOURCES -1054 CIVIL SERVICE 06 -ASSESSMENT -1047 31- ENGINEERING -1213 BRIDGES, 1211- REPAIR & CONTSTRUCTION OF STREETS, 1091- BUILDINGS ADMINISTRATION, 32 - BUILDINGS -1096 OPERATIONS & MAINTENANCE OF BUILDINGS 55 - COMMUNITY SERVICES -1412 SENIOR SERVICES Feb 5, 2008 02/05/08 5200 - STREETS ENTERPRISE The Common Council of the City Of Buffalo does ordain as follows: That Section I of the Chapter 35 of the Code of the City of Buffalo, relating to the various subheadings relating to positions listed is hereby amended as follows: Note: Old salaries are in brackets This ordinance shall take effect July 1, 2007 It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, Byron W. Brown, Mayor, Janet Penksa, Commissioner of Administration, Finance, Policy and Urban Affairs, Leonard Matarese, Commissioner of Human Resources, Martin Kennedy, Commissioner of Assessment, Steven Stepniak, Acting Commissioner of Public Works, Tanya Johnson, Commissioner of Community Services and Donna J. Estrich, Director of Budget, Administration and Finance, recommend that the compensation for said positions be fixed at the respective amounts set forth in the foregoing ordinance. Futhermore, we, Byron W. Brown, Mayor and Andrew A. San Filippo, Comptroller, pursuant of Section 24 -15 of the Charter of the City of Buffalo, hereby certify that contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be sub served by the increase in compensation provided for the positions set forth in the foregoing ordinance. PASSED AYES - 8 NOES — 0 NO. 104 BY: MR. SMITH PAYMENT OF REAL PROPERTY TAXES, FEES, CHARGES AND OTHER AMOUNTS BY CREDIT CARD, DEBIT CARD & ELECTRONIC CHECK WHEREAS: Many taxpayers have expressed a desire to use a credit card, debit card or electronic check as a means of payment of real property taxes, fees, charges and other amounts owed to the City; and WHEREAS: The City of Buffalo currently accepts credit cards and debit cards as a means of payment of parking fines, solid waste user fees, water and sewer charges; and WHEREAS: Accepting credit cards, debit cards and electronic checks as a means of payment of real property taxes fees, charges and other amounts will provide a convenient, alternative method of payment to the public; and WHEREAS: Accepting payments by said means will likely reduce the administrative costs associated with manual cash and check processing and reduce the bank fees paid by the City in connection with checks returned for insufficient funds; and WHEREAS: New York State General Municipal Law §5(b) permits a municipality to enter into agreements with one or more financing agencies or credit card issuers to provide for the acceptance of credit cards as a means of payment of fines, civil penalties, rent, rates, taxes; fees, charges, revenue, financial obligations or other amounts, including penalties, special assessments and interest, owed to the local government; and WHEREAS: The City of Buffalo, through prudent use of this financial vehicle, may potentially receive anticipated revenues in a more timely manner, thereby expanding cash flow and investment opportunities, while providing the public the convenient option of making payments via the Internet. NOW, THEREFORE, BE IT RESOLVED: That it is hereby found to be in the public interest for the City of Buffalo to accept credit cards, as the term is defined in New York State General Municipal Law §5(a)(1), including debit cards and electronic checks or Automated Clearing House (A.C.H.) transactions, as a means of payment of real property taxes, sewer rents, fines, civil penalties, rent, rates, fees, charges, revenue, financial obligations or other amounts, including penalties, special assessments and interest, owed to the City; NOW, THEREFORE, BE IT FURTHER RESOLVED: That the Mayor is hereby authorized to enter into agreements on behalf of the City of Buffalo with one or more financing agencies or credit card issuers to provide for the acceptance of credit cards, as the term is defined in New York State General Municipal Law §5(a)(1), including debit cards and electronic checks or A.C.H. transactions, by the City Treasurer as a means of payment of said amounts. Said Agreement(s) shall conform to the requirements of New York State General Municipal Law § 5. NOW, THEREFORE, BE IT FURTHER RESOLVED: That the City Treasurer is authorized to accept credit cards, as the term is defined in New York State General Municipal Law §5(a)(1), including debit cards and electronic checks or A.C.H. transactions, as a means of payment of real property taxes, sewer rents, fines, civil penalties, rent, rates, fees, charges, revenue, financial obligations or other amounts, including penalties, special assessments and interest owed to the City. Such person offering payment by credit card or charge card shall pay a service fee to the City in connection with the credit or charge card payment transaction, including any fee owed by the City to the financing agency or card issuer arising from the transaction. Said fee, is yet to be determined, shall not exceed costs incurred by the City in connection with the transaction. REFERRED TO THE COMMITTEE ON LEGISLATION & CORPORATION COUNSEL BY: DEMONE A SMITH NO. 105 APPOINTMENTS COMMISSIONER OF DEEDS Feb 5, 2008 02/05/08 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 of Buffalo Denise Wickett Heather Summers Tina Pilkey Brian Bray Kevin Linder Marysol Rosado Bryan Bollman Harold Emerson Jr Wilmer Olivencia Jr TOTAL9 ADOPTED 10 WN 1111 By: Demone A 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. Gary McPide TOTAL ADOPTED NO. 107 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, February 12, 2008 at 9:45 o'clock A.M. Committee on Finance Tuesday, February 12, 2008 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, February 12, 2008 at 1:00 o'clock P.M. Committee on Legislation Tuesday, February 12, 2008 at 2:00 o'clock P.M. Special Committees Committee on Taxicabs and Liveries Thursday February 21, 2008 at 10:00 O'clock AM in Room 1417 City Hall (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerks 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. 108 ADJOURMENT On a motion by Mr. Fontana, Seconded by Mr. Davis, the Council adjourned at 3:20 PM Feb 5, 2008 02/05/08 SPECIAL SESSION FEBRUARY 7, 2008 REGARDING THE 2008 -2009 BLOCK GRANT At 11:00 Am Mr. Fontana motioned to recess for 5 minutes seconded by Mr. Kearns NO. 1 CALL FOR SPECIAL SESSION February 6, 2008 Mr. Gerald A. Chwalinski City Clerk 1308 City Hall Buffalo, New York Dear Mr. Chwalinski: Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmember's, dated February 6, 2008 presented to you herewith, I hereby call a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on February 7, 2008 at 11:00 A.M. for the following purposes: To receive and take appropriate action on: All Items Relating To 1.) Block Grants Yours very truly, David A. Franczyk President of the Council February 6, 2008 Hon. David A. Franczyk President Common Council 1315 City Hall Buffalo, New York Dear Sir: WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council, pursuant to Section 3.9 of the Charter of the City of Buffalo, for the following purpose: To receive and take appropriate action on All items pertaining to 1. Block Grants We request that this Special Meeting be held on February 7, 2008 at 11:00 A.M. Michael Kearns Michael J. LoCurto Richard Fontana David Franczyk Brian C. Davis Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit: BRIAN DAVIS RICHARD FONTANA JOSEPH GOLOMBEK MICHAEL KEARNS MICHAEL LOCURTO DAVID A. RIVERA BONNIE E. RUSSELL DEMONE SMITH hereby states that he /she received twenty -four (24) hours' notice of the time and purpose of the Special Meeting of the Common Council duly called to be held on February 7, 2008 at STATE OF NEW YORK COUNTY OF ERIE) ss: CITY OF BUFFALO) On this 6th day of February 2008, before me, the subscribers, personally appeared To me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same. Gerald A. Chwalinski Commissioner of Deeds, in and for the City of Buffalo, N.Y. My Commission expires 12/31/08 OFFICE OF THE CITY CLERK GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics WILMER OLIVENCIA, JR. Deputy City Clerk Feb 5, 2008 02/05/08 DIANA RICO Deputy City Clerk Vital Statistics Registrar of Vital Statistics 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851-4845 February 6, 2008 TO EACH MEMBER OF THE COMMON COUNCIL: YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmember's, dated January 8, 2008, DAVID A. FRANCZYK, President of the Common Council, has called a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on February 7, 2008 at 11:00 A.M. for the following purpose: To receive and take appropriate action on all items relating to 1 .) Block Grants Yours very truly, Gerald A. Chwalinski City Clerk NO. 2 DISCHARGE COMMUNITY DEVELOPMENT COMMITTEE - 2008 -2009 ANNUAL ACTION PLAN BLOCK GRANT (NO. 1 CCP 1/22/08) Mr. Fontana moved that Whereas, the above item is currently tabled in the Community Development 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 Committee from further consideration of this item, and it is now before the Common Council for its consideration. Seconded by Mr. Davis ADOPTED. NO. 3 2008 -2009 ANNUAL ACTION PLAN (YEAR 34 COMMUNITY DEVELOPMENT BLOCK GRANT) The Mayor is pleased to announce a new initiative for consolidation of existing community service programs to promote efficiencies, cost savings and enhanced programming for citizens in the service areas. Under this effort, the Mayor is providing additional funding for agencies that commit to consolidation with other entities. Four agencies are currently having board level discussions with other entities in an effort to effect consolidation, namely, 1490 Enterprises, Inc., Crucial, Metro CDC and University Heights. These consolidations will better serve low- income youth and seniors and provide an opportunity to save community programs and facilities that are threatened for closure. In addition, the Mayor has reviewed citizens' comments and survey results obtained in our annual citizens participation process conducted as part of our funding process with the U.S. Department of Housing and Urban Development (HUD). The top request from citizens included additional youth activities to keep youth off the streets. As in prior years, the citizens again requested additional demolition activities. The Mayor's budget includes supplemental funds for these two requests. As required under HUD guidelines requiring CDBG funds to service impoverished and special needs individuals, the Mayor has also addressed poverty and the needs of homeless and the illiterate with additional funding this year. In compliance with HUD directives, the City is also making a further allocation of funds to reflect our commitment to the HUD - approved Neighborhood Revitalization Strategy Area (NRSA) for the City of Buffalo. HUD designates these areas in order for a community to focus CDBG funds in a concentrated manor and provides special incentives to communities who participate in this program. The funds are integral to our reinvestment in neighborhoods and family housing. Accordingly, the Mayor's budget includes additional funding for acquisition, rehabilitation and resale of homes in the NRSA as well as a concentration or economic development funds to help businesses thrive in these neighborhoods. I hereby submit the proposed spending plan for the City of Buffalo's 2008 -2009 Annual Action Plan in accordance with the allocation of funds set forth by the U.S. Department of Housing & Urban Development: Community Development Block Grant $16,510,228 Home Investment Partnership Grant $47,728,820 American Dream Downpayment Initiative $60,726 Emergency Shelter Grant $713,642 Housing Opportunities for Persons with Aids $480,000 Mr. Fontana moved to Approve as amended AYES -8 NOES -0 NO. 4 ADJOURNMENT ON A MOTION BY MR. FONTANA SECONDED BY MR. KEARNS THE COUNCIL ADJOURNED AT 11:55 AM Gerald A. Chwalinski City Clerk Feb 5, 2008 02/05/08 Feb 5, 2008