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HomeMy WebLinkAbout08-0304 (2)No. 5 PROCEEDINGS OF THE CITY OF BUFFALO MARCH 4, 2008 MAYOR Hon. Byron W. Brown COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL FILLMORE DISTRICT DAVID A. FRANCZYK PRESIDENT PRO TEMPORE SOUTH DISTRICT MICHAEL P. KEARNS MAJORITY LEADER LOVEJOY DISTRICT RICHARD A. FONTANA DISTRICT COUNCIL MEMBERS BRIAN C. DAVIS — ELLICOTT DEMONE A. SMITH — MASTEN MICHAEL J. LO CURTO — DELAWARE JOSEPH GOLOMBEK JR. — NORTH DAVID A. RIVERA- NIAGARA BONNIE C. RUSSELL REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Brian C. Davis, Michael P. Kearns, David A. Rivera, Joseph Golombek Jr. - Members CLAIMS COMMITTEE: David A. Rivera Chairman, Michael P. Kearns, Richard A. Fontana, Bonnie E. Russell,- Members COMMUNITY DEVELOPMENT COMMITTEE: Michael LoCurto, Chairman, Richard A. Fontana, Joseph Golombek Jr., David A. Rivera, Demone Smith - Members FINANCE COMMITTEE: Michael P. Kearns, Chairman, Brian C. Davis, Michael J. LoCurto, David A. Rivera, Bonnie E. Russell - Members. LEGISLATION COMMITTEE: Joseph Golombek Jr., Chairman, Brian Davis, Richard A. Fontana, Michael LoCurto, David Rivera - Members. RULES COMMITTEE: David A. Franczyk, Chairman, Michael P. Kearns, Richard A. Fontana - Members SPECIAL COMMITTEES BUDGET COMMITTEE: Richard A. Fontana., Chairman, Michael P. Kearns, Michael J. LoCurto, Demone Smith - Members MINORITY BUSINESS ENTERPRISE COMMITTEE - ,Demone Smith Chairman Brian C. Davis, Richard A. Fontana, Joseph Golombek, Jr, David A. Rivera, Members EDUCATION COMMITTEE ;Demone Smith Chairman, Brian C. Davis, Richard A. Fontana, Members WATERFRONT DEVELOPMENT COMMITTEE — Michael P. Kearns, Chairman, Brian C. Davis, Joseph Golombek, jr, David A.Rivera, members FINAL DATE March 4, 2008 MAYOR 1- A Appointments to the Buffalo Arts Commission LEG,COLL 2- B Info Bond Resolutions FIN 3- C Extend Agreement With Dunn Tire Park FIN MAYOR - EXECUTIVE 4- 1. Plan Bd- Negative Declaration -2232 Delaware Ave(North) R &F 5- 2. Plan Bd- Negative Declaration -65 Great Arrow Ave(North) R &F 6- 3. Plan Bd- Negative Declaration -477 Main St(Ell) R &F 7- 4. Plan Bd- Negative Declaration -517 Niagara St(Ell) R &F 8- 5. Plan Bd- Negative Declaration -573 Prospect Ave(Nia) R &F 9- 6. Plan Bd- Negative Declaration -2301 South Park Ave(South) R &F 10- 7. Plan Bd- Negative Declaration -430 Virginia St(Ell) R &F 11- 8. Strat Plan- Broadway Market Apts PILOT(Fill) FIN 12- 9. Strat Plan -Renew Lease Agree Btwn COB and the Valley Comm Assoc(Fill) FIN 13- 10. Strat Plan -Renew Lease Agree Btwn COB and Old 1 st Ward Comm Ctr(Fill) FIN 14- 11. Strat Plan - Resp - Acquistion of 516 -518 Spring St(Ell) CD 15- 12. Strat Plan - Results -Real Estate Auction 9/22/07 FIN 16- 13. Strat Plan- Response- Real Estate Auction 9/22/07 FIN 17- 14. Strat Plan - Results of Neg -365 Box(Fill) CD 18- 15. Strat Plan - Results of Neg -653 East Ferry(Mas) CD 19- 16. Strat Plan - Results of Neg -165 East Parade(Mas) CD 20- 17. Strat Plan - Results of Neg -392 Genesee(Ell) CD 21- 18. Strat Plan - Results of Neg -599 Goodyear(Fill) CD 22- 19. Strat Plan - Results of Neg -60 Grace(North) CD 23- 20. Strat Plan - Results of Neg -453 Schiller(Lov) CD 24- 21. Strat Plan - Results of Neg -140 Shumway(Fill) CD 25- 22. Strat Plan - Results of Neg -11 Southampton(Ell) APP 26- 23. Strat Plan - Results of Neg -174 Titus(Fill) CD 27- 24. Strat Plan - Results of Neg -676 East Utica(Mas) CD 28- 25. Strat Plan - Results of Neg -1200 West(Nia) CD 29- 26. Strat Plan - Results of Neg -1325 West(Nia) CD 30- 27. Strat Plan -SEAR Lead Agency Designation, 108 Sycamore St(Ell) CD 31- 28. Strat Plan- Appt Chief Economic Development Officer (Exempt)(Reilly) CS,HR COMPTROLLER 32- 28A Cert of Nec -Inc Approp -AIM Capital Projects R &F 33- 28B Cert of Nec -Inc Approp -AIM Fire & Fringe Benefits R &F 34- 28C Cert of Nec- Transfer of Funds -Urban Affairs Fire Dept R &F 35- 28D Second Quarter Gap Sheet FY Ending June 30, 2008 BUDGET COUNCIL PRESIDENT 36- 28E Appt Kenneth A. Richmond Buffalo Arts Commission R &F PUBLIC WORKS 37- 29. Permission to Hire Consultant- Bridge Washing FIN 38- 30. Resolution of Support Auth Submission of Grant Application APP 39- 31. Statue & Flagpole Within City ROW(401 Franklin)(EII) LEG 40- 32. Street Lighting Bid for Portions of Seneca St. R &F 41- 33. Sweet Ave - Proposed Street Name Change(Fill) LEG,POST OFF,FIRE FIRE 42- 34 Appts - Battalion Chief- (Perm)(Tuberdyke)(Biasillo) ( Renaldo)(Roberts)(Brown)(Hayes) CS 43- 35. Appt- Division Chief (Perm)(Barry) CS PERMITS AND INSPECTIONS 44- 36. Food Store License -389 Grider(Mas) LEG 45- 37. Food Store License -88 Lisbon(Ell) LEG 46- 38 Food Store License -174 Massachusetts(Nia) APP 47- 39. Food Store License -897 Tonawanda (North) APP 48- 40. Key Bank Departure from Broadway Market CD 49- 41. Restaurant Dance License(Renewal) -1110 Elmwood(North) APP 50- 42. Second Hand Dealer -295 Main(Ell) APP ADMINISTRATION AND FINANCE 51- 43. List of Delinquent Tax, User Fees and Sewer Liens R &F HUMAN RESOURCES 52- 44. Specs for Coor. Of Anti - Graffiti & Clean City Frog, Dir of Gov Res And Analysis, And Chief Eco. Devel Officer CS BUFFALO SEWER AUTHORITY 53- 44A Comprehensive Annual Financial Report Year End 6/30/2007 FIN CITY CLERK 54- 45. Mayor reported out of state R &F 55- 46. Liquor License Applications R &F 56- 47. Leaves of Absence R &F 57- 48. Reports of Attendance R &F 58- 49. Notices of Appointments - Council Interns ADOPT 59- 50. Notices of Appointment - Seasonal R &F 60- 51. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 61- 52. T. Herrera - Mishler- Return Ice Skating to Hoyt Lake FIN 62- 53. M. Kearns - Article- Boulevard Alternative Would Give Bflo a Great Place WTRFRONT 63- 54. M. Kearns -D. Wahl- Letter of Support- Boulevard Alternative WTRFRONT 64- 54A M. Kearns - Citizens Bank Escrow Agmt for Hickory Woods Settlement FIN 65- 55. A. Magierski -Cktg Pub Hrg -Re Rezone 2160 Clinton St R &F 66- 56. B. Matta - Official Statement From Bflo's Hispanic Leadership Re Inaugural Ceremony 2008 R &F 67- 57. Site Cleanliness & Recycling Ord - Chicago LEG 68- 58. A. Taylor- NYSDOT- Designation of Restricted Highway WTRFRONT 69- 58A A. Battaglia - Complaint Re Conditions in City Hall R &F PETITIONS 70- 59. J. Palka, Agent, Use 94 Shoshone, for a Ground Sign (Univ)(Hrg 3/11) LEG,CPBD 71- 60. M. Ulrich, Owner, Use 275 Oak St for a Ground Sign(EII)(No Pub Hrg) LEG,CPBD 72- 60A J. Tedeschi, Agent, Use 224 Gibson St for A Soup Kitchen(Fill)(No Pub Hrg)LEG,CPBD RESOLUTIONS 124- 61. Fontana,etc Supporting NFGD Prop to Adopt Standards Governing Sales ADOPT 125- 62. Franczyk NYS Affordable Housing Corp 2007 -2008 Bflo Block -by- Block Program 1 ST RES TO CD -ADOPT 2ND 126- 63. Golombek,etc Greater Inclusion of GNPA in the Planning Process ADOPT 1 ST RES, 2 ND TO CD,3 TO CPBD 127- 63A Kearns Increased Approp- AIM Capital Projects APP 128- 63B Kearns Increased Approp -AIM Fire & Fringe Benefits APP 129- 63C Kearns Transfer of Funds -Urban Affairs Fire Dept APP 130- 63C1 LoCurto,etc HRM- An Act to Allow B. Grillo to Req Tier II Status ADOPT 131- 63C2 LoCurto Parking Reg- Lafayette Pres Church -592 Lafayette Ave LEG,PW 132- 63D Russell Salary and Personnel Amendment -Fire APP 133- 63E Russell Salary and Wage Schedule D 7/1/07 to 6/30/08 APP 134- 63F Smith Ordinance Amend - Delicatessen Licensing LEG 135- 64. Smith Felicitations /In Memoriam ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 99- 27. No 44 Feb 19 C. Johnson - Concerns Demo of 41 Parkridge Ave(Univ) 73- 1. Com 39Feb 19 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F FINANCE 101 -29. Res 106 Feb 6 Support for a Downtown Public Market (Exc. 1 st & 2 " Res.) ADOPT 74- 2. Com 28 Feb 19 Purchase of Equipment(A &F) APP 75- 3. Res 93 Feb 19 Support St Martin Village Project & Holy Family Sr Hsg Proj ADOPT 76- 4. Res 99 Feb 19 Bond Res - Bailey Ave Bridge Reconstruction TABLE 77- 5. Res 100 Feb 19 Bond Res - Bailey- Kensington -Fire Station TABLE 78- 6. Res 101 Feb 19 Bond Res - Citywide Arterial Pavement Milling & Resurfacing TABLE 79- 7. Res 102 Feb 19 Bond Res - Citywide Parks Improvements TABLE 80- 8. Res 103 Feb 19 Bond Res - Citywide Infrastructure Repair /Replacement TABLE 81- 9. Res 104 Feb 19 Bond Res - Computers & Technology Various Schools TABLE 82- 10. Res 105 Feb 19 Bond Res - Demolition- Emergency Conditions TABLE 83- 11. Res 106 Feb 19 Bond Res - District Heat Distributions System Replacement TABLE 84- 12. Res 107 Feb 19 Bond Res - Emergency Bridge Repairs TABLE 85- 13. Res 108 Feb 19 Bond Res - Environmental Remediation Citywide TABLE 86- 14. Res 109 Feb 19 Bond Res -Fire Apparatus Acquisition TABLE 87- 15. Res 110 Feb 19 Bond Res - Humboldt Parkway Streetscape TABLE 88- 16. Res 111 Feb 19 Bond Res -Marcy Casino Restoration TABLE 89- 17. Res 112 Feb 19 Bond Res -New Boilers TABLE 90- 18. Res 113 Feb 19 Bond Res -Outer Harbor - Bridge EIS TABLE 91- 19. Res 114 Feb 19 Bond Res - Planning Neighborhood Infrastructure TABLE 92- 20. Res 115 Feb 19 Bond Res - Reconstruction Various Schools TABLE 93- 21. Res 116 Feb 19 Bond Res - Streets VehiclesTABLE 94- 22. No 59 Feb 5 Results of Neg 237 Masten (EII)(Strat Plan)( #15,12/11) APP 95- 23. No 62 Feb 5 Results Neg 177 Northampton (EII)(Strat Plan)( #9,10/2) APP 96- 24. No 101 Dec 11 B. Davis -R. Kelly- Response Promoting Small Business(# 45, 11/27) R &F 97- 25. Res 102 Oct 2 Promoting Small Businesses R &F COMMUNITY DEVELOPMENT 98- 26. Com 10 Feb 19 Buffalo & EC Botanical Gardens Soc Inc -Req Easement Portions Of South Park (South)(PW) APP 99- 27. No 44 Feb 19 C. Johnson - Concerns Demo of 41 Parkridge Ave(Univ) CLAIMS 100 -28. No 86 Feb 19 Results of Neg 433 Swan (EII)(Strat Plan)( #11,2/5) APP 101 -29. Res 106 Feb 6 Support for a Downtown Public Market (Exc. 1 st & 2 " Res.) ADOPT 102 -30. No 36 Dec 26 B.Davis -Tom Nichols- Concerns Climate Change Crisis R &F LEGISLATION 103 -31. Com 2 Feb 19 Recommendation -Exec Dir Comm on Citizens Rights (Garcia)(Mayor) R &F 104 -32. Com 9 Feb 19 Block Battaglia Garbage Scheme Part II R &F 105 -33. Com 21 Feb 19 Restaurant Dance License Renewal -52 Chippewa West (EII)(EDPI) APPW /COND 106 -34. Com 22 Feb 19 Restaurant Dance License Renewal -199 Delaware (EII)(EDPI) APPW /COND 107 -35. Com 23 Feb 19 Restaurant Dance Class III -600 East North (EII)(EDPI) APPW /COND 108 -36. Com 25 Feb 19 Sidewalk Cafe License -79 Chippewa West (EII)(EDPI) RECOMMIT 109 -37. Com 26 Feb 19 Sidewalk Cafe License 3112 Main (Univ)(EDPI) APP 110 -38. Com 41 Feb 19 J. Booth - Bicycle Pedestrian Advisory Board - Complete Streets Policy RECOMMIT 111 -39. Com 49 Feb 19 H. Sanders, Owner, Use 15 Horton, for A HSF (Del)(No Pub Hrg) R &F 112 -40. Res 98 Feb 19 B Franczyk Ord Amend -Ch 263 Landfills, Transfer Stations & Grading APP 113 -41. Res 122 Feb 19 Appt Paul Crapsi - Bicycle /Pedestrian Advisory Board APP 114 -42. No 73 Feb 19 Food Store License 845 Jefferson(Ell)(EDPI)(28,02 /05) APP 115 -43. No 74 Feb 19 Restaurant Dance License(Renewal) 2897 Bailey(Univ) (EDPI)(29,02/05) APP 116 -44. No 75 Feb 19 Used Car Dealer 1905 Genesee(Lov)(EDPI)(31,02 /05) RECOMMIT 117 -45. No 78 Feb 19 Food Store License 2005 Genesee(Lov)(EDPI)(31,02 /05) RECOMMIT 118 -46. No 35 Nov 13 J. Golombek- G.Hopkins- Letter from Cold Spring Taxi -Taxi Rates R &F 119 -47. Res 73 Nov 13 Amend Ordinance Chapter 263 Licenses(exc 1 sc res) ADOPT 120 -48. Com 52 Dec 11 Second Hand Dealer -819 East Ferry (Mas)(EDPI) APP SPECIAL COMMITTEES BUDGET 121 -49. Com 21 Dec 11 2008 Capital Budget and 5 year Plan(Compt) R &F 122- 50.Com 23 Dec 11 Internal Controls for Spending Monies Allocated Within the City Budget (Compt) R &F 123 -51. Com 29 Nov 27 First Quarter Gap 2007 - 2008 (A &F) R &F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, FEBRUARY 19, 2008 AT 2:00 P.M. Present - David A. Franczyk, President of the Council, and Councilmembers: Davis Fontana, Golombek, Kearns, LoCurto, Rivera, Russell & Smith - 9 Absent - 0 On a motion by Mr. Fontana, Seconded by Mr.Golombek , the minutes of the stated meeting held on February 19, 2008 were approved. FROM THE MAYOR NO. 1 Appointments to the Buffalo Arts Commission Pursuant to Chapter 6, Article V, Section 6 -26 of the Buffalo Code, I hereby appoint the following individuals to serve on the Buffalo Arts Commission. The individuals shall serve at the pleasure of the Mayor during his term in office. By charter term shall be concurrent with term of appointing authority. Chairman: Barbra A. Kavanaugh, 286 Baynes Avenue, Buffalo, New York 14213 Reappointments: Celeste M. Lawson, 506 Linwood Avenue, Buffalo, New York 14202 Elaine Irwin Cryer, 27 Oakland Place, Buffalo, New York 14222 Donald J. Siuta, 117 Linwood Avenue, Buffalo, New York 14209 Appointments: Catherine Gillespie, 190 Bryant Street, Buffalo, New York 14222 Catherine Gillespie is the owner of Chatham Pottery located at 190 Bryant Street. She has run Chatham Pottery for more than 20 years, first in Philadelphia then in Rochester, New York. Ms. Gillespie graduated from Tufts University and attended Boston Fine Arts Museum School for ceramics and fine arts. Eunice Ashman Lewin, 68 Rumsey Road, Buffalo, New York 14209 Eunice Ashman Lewin currently serves as a Commissioner for the Niagara Frontier Transportation Authority and is on the board of directors for the Buffalo Urban League. In addition, she serves on the SUNY at Buffalo Center for the Arts Advisory Council. She holds a Master of Education in Educational Administration from the State University of New York at Buffalo I hereby certify that the above named individuals are fully qualified to serve on the Buffalo Arts Commission. I am writing to follow tip on conversations your office has had with members of my staff and administration, where your office confirmed that no amendment to the City's Capital Budget is necessary in order to approve the bond resolutions currently before the Common Council. Furthermore, your office has confirmed that these bonds can be authorized, issued, and expended without any budget modifications. In addition, I Wish to thank you for providing my office with an email from Mr. Todd Miles Esq., City Bond Counsel, where he stated, "since the bond resolution is apparently accurate there is no need to delay issuance of the bonds." Based on these facts, I agree with you and bond counsel that a budget modification is not required and that there is no legal basis for the Common Council to not take action on all bond resolutions REFERRED TO THE COMMITTEE ON LEGISLATION & DIVISION OF COLLECTIONS FROM: THE EXECUTIVE DEPARTMENT NO. 2 Extend Agreement with Dunn Tire Park I am writing to request that Your Honorable Body approve a one -year extension of the City of Buffalo's lease with the Buffalo Bisons for Dunn Tire Park, along with all incidental subleases and agreements. The current lease will expire on March 31, 2008. 1 have attached the proposed agreements for your review and approval. This extension slightly modifies the existing lease in that the City will reimburse the Bisons for a $30,000 portion of the fee payable to the architect retained to conduct a facility analysis to study future capital improvements that may be needed, but not any portion of the "reimbursable expenses" or other sums payable. The City agrees that if the utility costs exceed $400,000 during the one year extended term, the City will cover 50% of the excess utility costs, not to exceed $30,000. Neither the City nor the Bisons are committing to any obligation for "City Capital Repairs" during the one -year extended term. Tile Bisons have informed the City that based on their inspection of the facility, no immediate capital repairs are needed. The City and the Bisons will work expeditiously and in good faith in an attempt to reach a formal long -term agreement for extending the lease of Dunn Tire Park. I understand that Your Honorable Body may wish to refer this item to an appropriate committee for discussion and review. Representatives from the Bisons will also be available to discuss this item in committee. Given that the current lease is due to expire on March 31, 2008, 1 respectfully request that Your Honorable Body approve this one -year extension on or before the March 18, 2008 meeting of the Common Council. REFERRED TO THE COMMITTEE ON FINANCE No. 3 EXTEND AGREEMENT WITH DUNN TIRE PARK I am writing to request that Your Honorable Body approve a one -year extension of the City of Buffalo's lease with the Buffalo Bisons for Dunn Tire Park, along with all incidental subleases and agreements. The current lease will expire on March 31, 2008. 1 have attached the proposed agreements for your review and approval. This extension slightly modifies the existing lease in that the City will reimburse the Bisons for a $30,000 portion of the fee payable to the architect retained to conduct a facility analysis to study future capital improvements that may be needed, but not any portion of the "reimbursable expenses" or the other sums payable. The City agrees that if the utility costs exceed $400,000 during the one year extended term, the City will cover 50% of the excess utility costs, not to exceed $30,000. Neither the City nor the Bisons are committing to any obligation for "City Capital Repairs" during the one -year extended term. The Bisons have informed the City that based on their inspection of the facility, no immediate capital repairs are needed. The City and the Bisons will work expeditiously and in good faith in an attempt to reach a formal long- term agreement for extending the lease of Dunn Tire Park. I understand that Your Honorable Body may wish to refer this item to an appropriate committee for discussion and review. Representatives from the Bisons will also be available to discuss this item in committee. Given that the current lease is due to expire on March 31, 2008, 1 respectfully request that Your Honorable Body approve this one -year extension on or before the March 18, 2008 meeting of the Common Council. REFERRED TO THE COMMITTEE ON FINANCE FROM THE MAYOR - EXECUTIVE DEPARTMENT ly: l6]LTilr9a=11115d11 Wfi »e1L *67MN NO. 4 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON - SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR — State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo, Planning Board Room 901, City Hall 65 Niagara Square Buffalo, New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Kohl's Department Store Location : 2232 Delaware Avenue Type of Action: Unlisted - Cooridinated Description: Benderson Development Company, is proposing to construct a new department store on the property located at 2232 Delaware Avenue, Buffalo New York. The proposed development will involve the construction of a new approximately 92,601 square foot retail store located on the west side of Delaware Avenue. The development includes the construction of all associated improvements such as parking /asphalt areas, landscaping and all utilities. The current site consists of an existing retail plaza including a vacant Ames Department Store that will be demolished. The attached Big Lots Department Store will remain as it and continue to operate. The site is accessed by the main plaza driveway onto Delaware Avenue along with a rear access to the parcel north of the site located at the northeast corner of the subject property. The site is served by separate fire and domestic water services. The sanitary sewer system exists in the front parking lot of the plaza and runs to the Delaware Avenue sewer main. Storm water from the existing site drains into the parking lot catch basins and is conveyed via underground piping to the combined storm /sanitary sewer main also located on Delaware Avenue. All existing drainage facilities will be left in place for use on this project. Minor improvements will be necessary to contain the storm water from Kohl's Department Stores roof drains. All utility designs will comply with City of Buffalo standards. Improvements on this site over the past few years have included the construction of an IHOP Restaurant, Tim Horton's Restaurant and a small retail plaza. Pedestrian connectivity will be provided along with bike path access. New landscaping, pedestrian lighting, site lighting and other site amenities will enhance the currently deteriorated condition of the property. Parking lots will be repaired and reconfigured per the submitted proposed site plan. The building materials are decorative masonry materials, with accent details constructed of E.I.F.S. There will be horizontal awnings at the entrances to the building. All signage will meet City of Buffalo Code and as presented to the Planning Board as part of the Design and Site Plan Public Hearing process. Traffic will increase above present levels however the existing road network is adequate to handle the additional traffic as per question 12 under Section C, Zoning and Planning Information, Full Environmental Assessment Form as provided by Benderson Development Company. This answer is based on ITE trip generation rates : The peak traffic for the development will occur during the Saturday Peak Hour for the proposed store. Projection is 426 vehicles entering, 394 vehicles exiting during peak hour. The project will be privately funded with the estimated cost of this project being approximately 3,480,000 dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will contribute and complement the many successful projects that have taken place on this site and in the surrounding community eliminating a long time neighborhood eyesore. 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 NEGATIVE DECLARATION NO. 6 NOTICE OF DETERMINATION OF NON- SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Tapestry Charter School Location: 65 Great Arrow Avenue Type of Action: Unlisted- Coordinated Description: Achieve Architecture, LLP on behalf of Tapestry Charter School is proposing the rehabilitation of a currently vacant building located at 65 Great Arrow Avenue Buffalo New York. The proposed project will serve as the new home to 520 students grades kindergarten through twelve currently attending the Tapestry Charter School. The school will employ 75 full and part time staff. Parking will be reduced from 200 spaces to 84 apace allowing for the space for landscaping. The project will also include the construction of a new classroom building and gymnasium addition to the existing building. A Phase 1 Environmental Report was completed and the research indicated that there are no UGTs on the site. Stohl Environmental provided testing for asbestos which is limited to the exterior, roof patching and flashing. These materials will be removed during the construction demolition process with contractors certified to handle these materials, The project will be privately funded with the estimated cost of this project being approximately 8.5 million dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will help to continue the successful quality education programs that Tapestry Charter School has been noted for and allow for continued future growth. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 RECEIVED AND FILED NO. 6 NOTICE OF DETERMINATION OF NON - SIGNIFICANCE NEGATIVE DECLARATION This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hal! Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency 65 Niagara Square has reviewed the following action as it relates to the environment: Action Agency Martin Group Offices, Renovation & Addition Location: 477 Main Street Type of Action: Unlisted- Uncoordinated Description: Carmina, Wood, Morris as a representative of the Martin Group Marketing Inc. is proposing to rehabilitate and add an addition to the property located at 477 Main Street, Buffalo New York. The project involves the reconstruction of and addition to the existing building. The building was a former Wendy's Restaurant and has been vacant for many years. The south half of the building is a two -story structure with masonry bearing walls and cast in place concrete floor and roof planes; a full basement exists under this south portion of the building. The northern half of the building is a single story structure with no basement and a steel frame /crete -plank roof plane. The first floor measures 2,764 Square Feet; the second floor is 1,224 Square Feet as is the basement. The interior of the building has been largely demolished. The existing buildings exterior consists of a deteriorated brick veneer that was added over the original Main Street facade at the ground level only. The upper story has a veneer of concrete or a plaster like substance over the original masonry. Large lintels visible from the buildings interior suggest that the front wall of the building was originally fenestrated with storefront glazing. The reconstruction and addition involves a complete rejuvenation of the building. Proposed plans include a 1,540 square foot build out of a second story addition above the building's north half, construction of a new Main Street facade and a complete rehabilitation of the building's interior. A central atrium opening will bring natural light down through the building from a linear skylight incorporated into the construction of the new second floor roof. The basement will be reconstructed to house a layout / workroom, a mechanical equipment room and a company work out space. Emergency egress from the building's rear stair tower through an existing exit corridor from the adjacent Lafayette Court Building has been negotiated with Ciminelli Development to successfully resolve code mandated fire egress, The project will be privately funded with the estimated cost of this project being approximately 650,000 dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: The proposed project will occupy a long vacant building in Downtown Buffalo and allow a new development and creative marketing group to conduct business and network with many city based clients and business partners. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 RECEIVED AND FILED No. 7 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON- SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Family Dollar Store Location 517 Niagara Street Type of Action: Unlisted- Coordinated Description: Corey Stewart, Project Manager on behalf of the owner of Ellicott Development Corporation is proposing to add a build a new Family Dollar Store on the property located at 517 Niagara Street, Buffalo New York. the project will consist of a single story 8,050 square Foot building with thirty (30) parking spaces. The property is also known as 517,513,511 Niagara Street and 187 Pennsylvania Avenue. The Reynolds Avenue Alley will remain under ownership of the City of Buffalo with access to the site end current residents in the area. The project is expected to begin in the Spring of 2008 after the current building is demolished and the environmental clean up is complete (former gas station). Construction is anticipated to take 4 to 6 months. The project will be privately funded with the estimated cost of this project being approximately 450,000 dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and masons for this decision are as follows: this project will help to continue the successful rebuilding of the lower Niagara Street area providing a convenient place for the neighboring community to shop. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 RECEIVED AND FILED NO. 8 NOTICE OF DETERMINATION OF NON - SIGNIFICANCE NEGATIVE DECLARATION This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title D'Youville College, School of Pharmacy Location 573 Prospect Avenue Type of Action Unlisted- Coordinated Description: D "Youville College is proposing to construct a new School of Pharmacy Classroom Building on the property located at 573 Prospect Avenue, Buffalo New York. Construction of this new facility on the College campus will be in direct support of the objectives stated in the Connecticut Street Urban Renewal Plan Amendment. The proposed scope of the project will include the demolition of an existing D'Youville College parking area, excavate and prepare the site and restore after the proposed building is completed, construct a new seven story, 88,000 square foot building to include 25 - 30 percent laboratory space, 25 -30 percent academic classroom space, 40 -50 percent administrative and support space (offices, admissions, student center), One floor will be below grade on the campus side and half exposed on the Connecticut Street frontage. The top floor will be designed to a "shell - lever' only for future interior completion; all building systems will be designed to accommodate future use that shall be defined by the owner during design. Exterior material selection win use similar aesthetic cues from adjacent neighborhood buildings to provide a complementary addition and enhance the architectural aspects of the campus and adjacent community. Site planning and development for the building and planning accommodations were designed to complement the proposed City of Buffalo project to re- construct Fargo Avenue. The project will include a mechanical penthouse with screening to conceal a cooling tower. The project has received Zoning Board of Appeals approval for variances on side and front setbacks. The City of Buffalo Preservation Board staff has reviewed this project and determined that there would be no impact to existing National Register or Local Landmarks. The project will be privately funded with the estimated cost of this project being approximately 19 million dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will contribute and complement the many successful projects that D'Youville College has completed over its many years of service to the Greater Buffalo community. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202- 716 851 -5085 RECEIVED AND FILED No. 9 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON- SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Addition to Wayside Family Restaurant Location: 2301 South Park Avenue Type of Action Unlisted- Uncoordinated Description: Lawrence D. Senear, R.A. on behalf of the owner of Wayside Family Restaurant is proposing to add a vestibule addition on the property located at 2301 South Park Avenue, Buffalo New York. Numerous interior improvements will be made including dining, kitchen and toilet room areas. The extender of the building will not be altered as part of this project except to accommodate the new entry vestibule and emergency door, The vestibule is proposed to be 162 square feet which would require 8 square feet of landscaping however the owner is providing 262.5 Square Feet of new green space on the property. The project will be privately funded with the estimated cost of this project being approximately 125,000 dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will allow for the continued success of a long standing business in the South Buffalo community. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 RECEIVED AND FILED No. 10 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON- SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the previsions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Allentown Lofts Location: 430 Virginia Street Type of Action Type I - Coordinated Description: Jeremy Dwyer, Architect Silveatri Architects P.C. on behalf of their client, Kissling interests, LLC is proposing the rehabilitation of the Former Buffalo Casket Building on the property located at 430 Virginia Street, Buffalo New York, The renovation to the existing building will include ten (10) live - work apartments that will allow for a larger living space for home related job or hobby activities, The Buffalo Preservation Board has reviewed this proposed project and their suggestions have been incorporated into the site plan and building elevations. They will include: the construction of a new steel and glass entryway on the east elevation, remove existing wood windows and replace with wood windows to match the original in design and configuration, create new and larger window openings in the basement and install wood windows, installation of window in original garage doer opening on west elevation, install window in original front door opening on south elevation that will replicate the appearance of a door and the relocation of the garage and man door openings to the east on the garage addition (south elevation). The Zoning Board of Appeals will review this project for a yard variance at a future meeting. The project will be privately funded with the estimated cost of this project being approximately 2 million dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and • Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and masons for this decision are as follows: this project will take a long vacant building and create a positive living environment for its future tenants. 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 ere 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. 11 Broadway Market Apartments PILOT Your Honorable Body is hereby requested to approve the attached PILOT agreement between the City of Buffalo, the County of Erie, E- Square Capital Inc and 937 Broadway Housing Development Fund Corp This Project known as the Broadway Market Apartments involves the acquisition of a vacant four -story warehouse in the Broadway - Fillmore District and conversion into affordable rental housing with off street parking and modernization of three existing retail spaces. When completed, the residential portion will contain two (2) studio, thirty - three (33) one bedroom and eight (8) two bedroom apartments. The goal is to create approximately forty three (43) units of rental housing. 100% of the units will be made available as affordable housing, insuring affordability to individuals who earn no more than 60% of the median area income. The amount of the PILOT payments was calculated based upon the City's PILOT policy that provides for payments in the amount of 3% of the total income of gross rent assuming a 5% vacancy. Payments will increase by three percent per year for the duration of the 30 -year Pilot. REFERRED TO THE COMMITTEE ON FINANCE NO. 12 Renew Lease Agreement Between the City of Buffalo and the Valley Community Association for use of 87 Leddy (a.k.a 93 Leddy) Fillmore District Item No. 12, December 26, 2002 The Office of Strategic Planning, Division of Real Estate, has received a request from Margaret Overdorf, Executive Director of the Valley Community Association to renew their lease agreement for an additional five -year period. This lease shall commence retroactively on January 1, 2008 and terminate on December 31, 2012 all other terms and conditions of the expired lease shall remain the same. Their lease terms included but are not limited to the following: 1. Annual rental fee One Dollar, which sum shall include the costs of all utilities 2. The Lessee shall pay the garbage user fee and costs for the pickup and removal of solid wastes from the premises. 3. Lessee shall not sublet, assign or in any way encumber all or any of its rights under this leasehold without written approval of the City. 4. Lessee shall be responsibility for the costs of all minor repairs and maintenance and shall keep the premises in a clean and healthful condition. The City shall be responsible for all major repairs and maintenance thereon. Major repairs shall be deemed as those structural in nature and affecting the use of permanent fixtures thereon in a significant manner, both to the exterior and interior of the premises. 5. Lessee will hold the City harmless of and from any and all liability of whatever name and nature in amounts deemed necessary by the City Law Department. This office recommends that Your Honorable Body renew their present lease agreement for an additional five - year period commencing retroactively on January 1, 2008 and terminating on December 31, 2012. 1 am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 13 Renew Lease Agreement Between the City of Buffalo and the Old 1 ST Ward Community Center for use of 70 Vincennes (a.k.a. 62 Republic) Fillmore District Item No. 6, March 4, 2003 The Office of Strategic Planning Division of Real Estate, has received a request from Laura Kelly, Director of the Old ;I Ward Community Association, Inc. requesting to renew their lease agreement for use of 70 Vincennes (a.k.a. 62 Republic). This lease shall commence retroactively on January 1, 2008 and expire on December 31, 2012 all other terms and conditions of the expired lease shall remain the same providing funding remains available. This lease shall also include the Food Pantry portion of the building, as previously approved by Your Honorable Body, Item No. 6, C.C.P. 10/28/06. The lease terms shall include but not limited to the following: 1. Annual rental fee shall be $1.00 and no more. 2. Either party may terminate upon 30 days written notice. 3. Lessee shall not sublet, assign, or in any way encumber all or any of its rights under this lease without prior written approval by the City. 4. Lessee is responsible for the payment of all utilities, if applicable, including but not limited to gas, water, sewer charges and electricity. 5. Lessee shall pay the garbage user fee and the costs for the pickup and removal of solid waster from the premises. 6. The City is responsible for all major repairs and maintenance and /or structural changes. Major repairs shall be deemed as those structural in nature and affecting the use of the permanent fixtures thereon in a significant manner, both to the exterior and interior of the premises. 7. The Lessee will perform all minor repairs and maintenance and shall at all times keep the premises in a clean and healthful condition. 8. The Lessee will provide liability insurance and hold the City harmless from any and all liability, in an amount determined by the City's Corporation Counsel's Office. This office recommends that Your Honorable Body renew their present lease agreement for an additional five -year period commencing retroactively on January 1, 2008 and terminating on December 31, 2012. 1 am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 14 Response- Acquisition of 516 and 518 Spring Street Item #40, C.C.P. 2/5/08 Your Honorable Body has requested a response from this Office to the above referenced item. The item is a request from Keith L. Barnes, Barnes Real Estate Group, to acquire 516 and 518 Spring Street, for the construction of a new market rate home. The Office of Strategic Planning received a request on January 24 2008 from Mr. Barnes to acquire these properties from the City of Buffalo. On February 11 2008 this office by letter advised Mr. Barnes that the lot at 518 Spring Street (25'x 118') is owned by the City of Buffalo and is on hold for Phase IV HOZONE Project. Mr. Barnes was also advised that 516 Spring Street (100' x 32') is privately owned by Buffalo Forge and in one of the parcels under contract to be purchased by the Buffalo Urban Renewal Agency, for the Phase IV HOZONE Project. I have requested Mr. Francisco Guzman, Buffalo Urban Renewal Agency Project Manager for the Phase IV HOZONE Project, to contact Mr. Barnes regarding the availability of the property and upcoming development opportunities in Phase IV HOZONE Project area. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 15 Results - Real Estate Auction September 22, 2007 On September 22, 2007, the Office of Strategic Planning, Division of Real Estate, held a real property auction to dispose of ninety -eight (98) improved properties in our inventory. The auction was conducted by Auctions International in accordance with the attached terms and conditions of the sale. The terms of the auction require the successful bidder to provide the Division of Real Estate, within 30 days after the auction, a repair /rehabilitation plan along with proof of financial ability to complete the purchase and repair /rehabilitation of the property, prior to the transfer of title- Properties will not be transferred to any bidder owing financial obligations to the City or have existing code violations on other property they own. Such obligations must be satisfied. Attached is a list of three (3) bidders that have complied with the terms and conditions of the sale, address of the property and amount of the bid. The list of these bidders was reviewed and cleared by the Anti - Flipping Task Force- The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers• I am recommending that Your Honorable Body approve the sale and transfer of title for these three (3) properties to the bidders listed in accordance with the terms and conditions of the sale REFERRED TO THE COMMITTEE ON FINANCE, No. 16 Response - Real Estate Auction September 22, 2007 Item #14, C.C.P. January 22, 2008 The Office of Strategic Planning has received a request from the Common Council's Finance Committee for information regarding concerns about the September 22, 2007 Real Property Auction. Specifically the Committee is concerned with: 1) Sale of properties to individuals with no action plan; 2) Lack of information provided to the Council regarding the prior purchase of perspective buyers; and 3) Properties being sold to individuals without Council Approval. With respect to concerns 1 and 2, 1 refer your Honorable Body to the TERMS AND CONDITIONS OF SALE that is attached to the original communication filed with the Common Council. At the auction, each bidder receives and signs a copy of the terms of sale. The terms and conditions of sale require each successful bidder to provide a repair /rehabilitation plan, detailed estimate of costs and proof of their financial ability to carry out the proposed purchase and repair of the property. In addition to the terms of sale agreement, each bidder was also required to sign an agreement that was prepared by the Corporation Counsel's Office and the Mayor's Anti Flipping Task Force. This agreement requires bidders to make necessary repairs within six months and prevents bidders from selling or encumbering the property purchased with a security interest in and amount greater than 120 per cant of the purchase price for a period of six (6) months from the date of the deed. The Division of Real Estate staff reviews al repair /rehabilitation plans and financial information. The Division of Collections and Department of Inspections have reviewed each bidder to insure that there are no debts owed to the City of Buffalo by the bidder or existing code violations on other properties owned to by the bidder. The Mayor's Anti Flipping Task Force also reviewed the list of bidders Each of the aforementioned tasks have been completed by the respective Office, Department, or Division prior to the submission of the results of the auction submitted to the Common Council for approval. Regarding concern number 3, The Office of Strategic Planning is not aware of any city -owned property that has been sold without prior Common Council Approval. I hope that I have addressed the Committee's concerns. If you have any additional concerns or need any additional information regarding a particular bid or bidder, please contact my office or the Director of Real Estate, John Hannon. REFERRED TO THE COMMITTEE ON FINANCE NO. 17 Results of Negotiations 365 Box, 276'W Moselle Vacant Lot: 30'x 118' Assessed Valuation: $2,700 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 365 Box Avenue from Mr. Edie L. Calvin, 361 Box Avenue, Buffalo New York 14211. Mr. Calvin owns and resides at 361 Box Avenue, which is adjacent to 365 Box Avenue. Mr. Calvin intends to use this vacant land for additional green space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Thirty Cents ($.30) to Seventy -Five Cents ($75), per square foot. The results of our negotiations are that Mr. Calvin has agreed and is prepared to pay One Thousand Eight Hundred Dollars ($1,800), Fifty Cents ($.50) per square foot for the subject property. Mr. Calvin 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 365 Box Avenue in the amount of One Thousand Eight Hundred Dollars ($1,800). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 18 Results of Negotiations 653 East Ferry, 170'W Fillmore Vacant Lot: 30'x 106' Assessed Valuation: $2,000 (Masten District) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 653 East Ferry Street from Mr. Ronnie Moore, 655 East Ferry Street, Buffalo New York 14208. Mr. Moore owns and resides at 655 East Ferry Street, which is adjacent to 653 East Ferry Street. Mr. Moore intends to use this vacant land for additional green space after demolition of the structure is completed. Demolition should occur within the next few weeks. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Fifty Cents ($.50) to Eighty Cents ($.80), per square foot. The results of our negotiations are that Mr. Moore has agreed and is prepared to pay One Thousand Nine Hundred Dollars ($1,900), Sixty Cents ($.60) per square foot for the subject property. Mr. Moore 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 653 East Ferry Street in the amount of One Thousand Nine Hundred Dollars ($1,900). 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 NO. 19 Results of Negotiations 165 East Parade, 60.60'S Fougeron Vacant Lot: 31' x 102' Assessed Valuation: $2,000 (Masten District) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 165 East Parade Street from Mr. Donald Pride, 163 East Parade Street, Buffalo New York 14211, represented by Mr. Nicholas Hicks, Attorney at Law, 69 Delaware Avenue, Suite 711, Buffalo, New York 14202. Mr. Pride owns and resides at 163 East Parade Street, which is adjacent to 165 East Parade Street. He intends to use this vacant lot for additional green space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Fifty Cents ($.50) to Sixty Cents ($.60), per square foot. The results of our negotiations are that Mr. Donald Pride has agreed and is prepared to pay One Thousand Nine Hundred Dollars ($1,900), Sixty Cents ($.60) per square foot for the subject property. Mr. Pride 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 165 East Parade Street in the amount of One Thousand Nine Hundred Dollars ($1,900). 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 NO. 20 Results of Negotiations 392 Genesee, 186'W Spring Vacant Lot: 24' x 125' Assessed Valuation: $2,300 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 392 Genesee Street from Mr. Michael Lin of Buffalo Sonic Blinds Inc., 127 Cherry Street, Buffalo New York 14204. Mr. Lin has a window treatment business at 127 Cherry Street, which is adjacent to 392 Genesee Street. 392 Genesee Street will be used to provide access to the rear of the property at 127 Cherry Street. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Sixty Cents ($.60) to Seventy -Five Cents ($75), per square foot. The results of our negotiations are that Mr. Lin has agreed and is prepared to pay Two Thousand Three Hundred Dollars ($2,300), Seventy -Six Cents ($76) per square foot for the subject property. Mr. Lin 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 392 Genesee Street in the amount of Two Thousand Three Hundred Dollars ($2,300). 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 NO. 21 Results of Negotiations 599 Goodyear, 669.80'S Ferry Vacant Lot: 30' x 109' Assessed Valuation: $2,600 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 599 Goodyear Street from Mr. Fred Wiggins, 605 Goodyear Street, Buffalo New York 14211. Mr. Wiggins owns and resides at 605 Goodyear Street, which is adjacent to 599 Goodyear Street. Mr. Wiggins intends to use this vacant land for additional green space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Thirty - Five Cents ($.35) to Seventy Cents ($70), per square foot. The results of our negotiations are that Mr. Wiggins has agreed and is prepared to pay One Thousand Six Hundred Dollars ($1,600), Fifty Cents ($.50) per square foot for the subject property. Mr. Wiggins 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 599 Goodyear Street in the amount of One Thousand Six Hundred Dollars ($1,600). 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 NO. 22 Results of Negotiations 60 Grace, 66.20' E East, Vacant Lot: 35' x irreg., 31.84' WL, 26.58' EL Assessed Valuation: $400 (North District) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 60 Grace Street from Mr. Timothy W. Marvel, 4 Hartman Place, Buffalo New York 14207. Mr. Marvel owns and resides at 4 Hartman Place, which is adjacent to 60 Grace Street. Mr. Marvel intends to use this vacant land for additional green space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Cents ($.40) to One Dollar and Fifty Cents ($1.50), per square foot. The results of our negotiations are that Mr. Marvel has agreed and is prepared to pay Four Hundred Dollars ($400), Forty -Eight Cents ($.48) per square foot for the subject property. Mr. Marvel 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 60 Grace Street in the amount of Four Hundred Dollars ($400). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 23 RESULTS OF NEGOTIATIONS 463 SCHILLER(LOV) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 453 Schiller Street from Mr. Jason R. Carney and Mrs. Alice A. Carney, 448 Goethe Street, Buffalo New York 14212. They own 448 Goethe Street, which is adjacent to 453 Schiller Street. They intend to use the vacant lot for additional green space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty -Three Cents ($.43) to One Dollar and Thirty -Two Cents ($1.32), per square foot. The results of our negotiations are that Mr. and Mrs. Carney have agreed and are prepared to pay One Thousand Three Hundred Dollars ($1,300), One Dollar ($1.00) per square foot for the subject property. Mr. and Mrs. Carney have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 453 Schiller Street in the amount of One Thousand Three Hundred Dollars ($1,300). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 24 RESULTS OF NEGOTIATIONS 140 SHUMWAY(FILL) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 140 Shumway Street from Mrs. Mary Zupanchich, 169 Woodward Avenue, Buffalo, New York 14214. Mrs. Zupanchich owns a one family home at 144 Shumway Street, which is adjacent to 140 Shumway Street. Mrs. Zupanchich intends to use this vacant land for additional green space after demolition of the structure is completed. Demolition should occur within the next few weeks. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Thirty -Five Cents ($.35) to Seventy Cents ($.70), per square foot. The results of our negotiations are that Mrs. Zupanchich has agreed and is prepared to pay One Thousand Six Hundred Dollars ($1,600), Fifty Cents ($.50) per square foot for the subject property. Mrs. Zupanchich 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 140 Shumway Street in the amount of One Thousand Six Hundred Dollars ($1,600). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 25 RESULTS OF NEGOTIATIONS 11 SOUTHAMPTON (ELL) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 11 Southampton Street from Mr. Roger Moss and Mrs. Constance Moss, 4 Harbour Point, Buffalo New York 14202. Mr. and Mrs. Moss own a two family dwelling at 1047 Ellicott, which is adjacent to 11 Southampton Street. Mr. and Mrs. Moss intend to clean up the area and use this vacant land for additional green space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Cents ($.40) to Seventy -Five Cents ($75), per square foot. The results of our negotiations are that Mr. and Mrs. Moss have agreed and are prepared to pay One Thousand Eight Hundred Dollars ($1,800), Seventy -Five Cents ($.75) per square foot for the subject property. Mr. and Mrs. Moss have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 11 Southampton Street in the amount of One Thousand Eight Hundred Dollars ($1,800). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, be received and filed; and That the offer from Mr. Roger Moss and Mrs. Constance Moss residing at 4 Harbor Point, Buffalo, NY 14202 in the sum of $1,800.00 for the purchase of 11 Southampton Street be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES — 0 NO. 26 RESULTS OF NEGOTIATIONS 174 TITUS (FILL) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 174 Titus Street from Ms. Maria Cecile Mondrala, 170 Titus Street, Buffalo New York 14211. Ms. Mondrala owns and resides at 170 Titus Street, which is adjacent to 174 Titus Street. Ms. Mondrala intends to use this vacant land for additional green space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty-Three Cents ($.43) to One Dollar ($1.00), per square foot. The results of our negotiations are that Ms. Mondrala has agreed and is prepared to pay One Thousand Four Hundred Dollars ($1,400), Forty-Eight Cents ($.48) per square foot for the subject property. Ms. Mondrala 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 174 Titus Street in the amount of One Thousand Four Hundred Dollars ($1,400). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 27 RESULTS OF NEGOTIATIONS 676 EAST UTICA (MAS) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 676 East Utica Street from Mr. Earl C. Blacksheare and Mrs. Mary V. Blacksheare, 670 East Utica Street, Buffalo New York 14208. Mr. and Mrs. Blacksheare own and reside at 670 East Utica Street, which is adjacent to 676 East Utica Street. Mr. and Mrs. Blacksheare intend to use this vacant land for additional green space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Fifty Cents ($.50) to One Dollar and Forty Cents ($1.40), per square foot. The results of our negotiations are that Mr. and Mrs. Blacksheare have agreed and are prepared to pay Two Thousand Two Hundred Dollars ($2,200), Sixty Cents ($.60) per square foot for the subject property. Mr. and Mrs. Blacksheare have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 676 East Utica Street in the amount of Two Thousand Two Hundred Dollars ($2,200). 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 NO. 28 RESULTS OF NEGOTIATIONS 1200 WEST (NIA) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 1200 West Avenue from Mr. Isaac Irizarry and Mrs. Iris Irizarry, 1202 West Avenue, Buffalo New York 14213. Mr. and Mrs. Irizarry owns and resides at 1202 West Avenue, which is adjacent to 1200 West Avenue. They intend to use the vacant lot for additional green space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Seventy Cents ($70) to One Dollar and Fifty Cents ($1.50), per square foot. The results of our negotiations are that Mr. and Mrs. Irizarry have agreed and are prepared to pay Two Thousand Nine Hundred Dollars ($2,900), Eighty Seven Cents ($.87) per square foot for the subject property. Mr. and Mrs. Irizarry have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 1200 West Avenue in the amount of Two Thousand Nine Hundred Dollars ($2,900). 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 NO. 29 RESULTS OF NEGOTIATIONS 1325 WEST (NIA) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 1325 West Avenue from Ms. Elizabeth Henry, 1323 West Avenue, Buffalo New York 14213. Ms. Henry owns and resides at 1323 West Avenue, which is adjacent to 1325 West Avenue. She intends to use the vacant lot for additional green space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from One Dollar ($1.00) to Two Dollars ($2.00), per square foot. The results of our negotiations are that Ms. Henry has agreed and is prepared to pay Two Hundred Dollars ($200), Two Dollars ($2.00) per square foot for the subject property. Ms. Henry 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 1325 West Avenue in the amount of Two Hundred Dollars ($200). 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 NO. 30 SEQR LEAD AGENCY DESIGNATION, 108 SYCAMORE STREET, REHABILITATION / NEW CONSTRUCTION (ELL) Savarino Construction Services, acting as a representative of Lake Shore Behavioral Health is proposing the rehabilitation of the building located at 108 Sycamore Street, Buffalo New York. This project will include a new five parking lot with two drop off spaces and a new 2650 square foot addition to the existing building. The rear portion of existing building will be demolished. Prior to the implementation of the above - referenced project, the requirements of the New York State Environmental Quality Review Act (SEAR) must be satisfied. The project, as defined under SEAR, is an "Unlisted Action" for which the Planning Board recommends the completion of a coordinated environmental assessment. In accordance with Section 617.6 of the regulations, an agency responsible for determining the effect of this action on the environment must be designated from the involved agencies within 30 days of this notification. The City of Buffalo Planning Board proposes to act as the SEQR Lead Agency for this project, and respectfully request the Buffalo Common Council's consent to this proposal. If the Common Council has no objection to this request, please inform my office within the 30 day period. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 31 CERTIFICATE OF APPOINTMENT Appointment Effective February 22, 2008 in the Department of Executive Division of Office of Strategic Planning to the Position of Chief Economic Development Officer Exempt, Non- competitive, At the Starting salary of $50,000.00 Brian Reilly, 1925 Columbus Road, Cleveland OH 44113 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. HUMAN RESOURCES NO. 32 CERTIFICATE OF NECESSITY CAPITAL PROJECTS We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -11 of the Charter, that an increase in the sum of $300,000 in the estimate for the fiscal year beginning July 1, 2007 is necessary in Capital Projects to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from increased revenue in the account titled NYS Aid Incentive to Municipalities, not otherwise appropriated for any other purpose. The details of the requirements are set forth below: That, the Comptroller be and hereby is authorized and directed to increase the revenue estimate for account: From: 10700010 - 335009 NYS Aid Incentive to Municipalities (AIM) $300,000 To: 17220007 — 470002 Capital Project Planning $300,000 From: 17220007 — 470002 Capital Project Planning $300,000 To: To meet the increased appropriation as set forth below: 30310306 - 445100 City Wide Infrastructure Repair /Replacement $300,000 RECEIVED AND FILED NO. 33 CERTIFICATE OF NECESSITY FIRE & FRINGE BENEFITS We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -11 of the Charter, that an increase in the sum of $3,635,551 in the estimates for the fiscal year beginning July 1, 2007 is necessary in Appropriation Allotments - Fire Salary & Fringe Benefit accounts, to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from the account titled NYS Aid Incentive to Municipalities, not otherwise appropriated for any other purpose. The details of the requirements are set forth below: From: 10700010 - 335009 NYS Aid Incentive to Municipalities (AIM) $3,635,551 To: 12132001-411001 Salary $1,947,684 1 21 32001 - 41 3001 Overtime $ 554,740 1 21 32001 - 41 3002 Holiday $ 61,484 12132001 - 413005 Court $ 1,388 1 21 32001 - 41 3003 Acting $ 14,067 12139001-411002 Duty Disability $ 216,830 17301001-411002 Duty Disability $ 144,504 17302002 - 422000 FICA $ 213,909 17303002 - 423002 PFRS Pension $ 480,945 Total $3,635,551 RECEIVED AND FILED NO. 34 CERTIFICATE OF NECESSITY URBAN AFFAIRS FIRE DEPARTMENT 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 $11,000 be transferred and reappropriated to the Fire Department, as set forth below: From: Urban Affairs 11159006 - 480000 Other Services $11,000 To; Fire Department - Firefighting Prevention and Inspection 12133005- 467000 Miscellaneous Supplies $11,000 RECEIVED AND FILED NO. 35 SECOND QUARTER GAP After a thorough analysis of the second quarter gap report, it is our opinion that it fairly and reasonably represents the city's revenues and expenditures on a budget basis. The report is projecting a $7.1 million surplus for the current fiscal year ending June 30, 2008, and that projection is based on fair and reasonable numbers to date. The report references the $7.2 million to settle the Hickory Woods lawsuit that will be paid by fund balance from the last fiscal year. The comptroller's decision not to do any short -term borrowing will result in a savings of $4 million in the debt service line. Revenues are projecting $9.97 million over budget and expenditures are projected at $2.87 million over budget. That simply is the basis for the $7.1 million surplus projection and we agree with that conclusion. We will continue to monitor the city's fiscal operations with particular attention to overtime in the Police and Fire Departments that is trending significantly over budget. REFERRED TO THE SPECIAL COMMITTEE ON BUDGET FROM THE PRESIDENT OF THE COUNCIL NO. 36 APPT KENNETH A. RICHMOND BUFFALO ARTS COMMISSION Pursuant to Chapter 6 -26 of the Buffalo City Charter, I am appointing the following individual to the Buffalo Arts Commission: Kenneth A. Richmond, 81 Larchmont Blvd., Buffalo, NY 14214 Mr. Richmond is a Senior Vice President of Operations and Performance Improvement at Eire County Medical Center (see attached resume). Mr. Richmond will replace Michael McCabe on the Buffalo Arts Commission effective immediately. RECEIVED AND FILED FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 37 PERMISSION TO HIRE CONSULTANT - BRIDGE WASHING I hereby request permission from Your Honorable Body to hire an Engineering Consultant for design, bidding, construction administration and inspection of a bridge washing contract for the City of Buffalo. The New York State Department of Transportation has allocated $120,000 for this project of which 80% is reimbursable. Funds for this project are available in account #30335306 - 445100. REFERRED TO THE COMMITTEE ON FINANCE NO. 38 RESOLUTION OF SUPPORT AUTHORIZING SUBMISSION OF GRANT APPLICATION Be it Resolved That: David A. Hornung, Phi), P.E., Acting City Engineer of the City of Buffalo Department of Public Works, Parks and Streets is hereby authorized and directed to file an application for funds from the Aquatic Invasive Species Eradication Grant Program in an amount not to exceed $15,562, and upon approval of said request to enter into and execute a State Assistance contract with the New York State Department of Environmental Conservation for such financial assistance to the City of Buffalo for NYS Aquatic Invasive Control Grant and further, to carry out and comply with the terms of such project agreement. I, Gerald W. Chwalinski, the City Clerk of the City of Buffalo, New York, do hereby certify that the preceding resolution was adopted at a regular meeting of the Corporation Counsel held on March 4, 2008 and is on file and record, and that said resolution has not been altered, amended or revoked and is in full force and effect. Mr. Fontana moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated February 27, 2008, be received and filed; and That the Acting City Engineer of the Department of Public Works, Parks and Streets be, and he hereby is authorized to file an application for funds from the Aquatic Invasive Species Eradication Grant Program in an amount not to exceed $15,562 and to enter into and execute a State Assistance contract with the New York State Department of Environmental Conservation for such financial assistance. PASSED AYES - 9 NOES -0 NO. 39 STATUE & FLAGPOLE WITHIN CITY RIGHT OF WAY (401 FRANKLIN)(ELL) Mr. Ralph J. Salerno, of Kelter Bros. & Miller, Inc., has requested permission to encroach City right of way at 401 Franklin Street with a statue and flagpole. The statue, which will be in the image of Ben Franklin and be erected by Carving for A Cause, will be illuminated at night by landscaping lights housed within the cement that will be poured for the footer required for installation. It will be anchored to the footer that will match the exposed aggregate of the new driveway and sidewalk at said location and be bordered on all sides by grass. The flagpole is designed to be 20' and anchored in concrete and illuminated in the same matter as the statue. The Department of Public Works, Parks and Streets has reviewed this application pursuant to Chapter 413, Section 67 (Encroachment Regulations) of the City Charter and recommends that Your Honorable Body refer this item to the Planning Board for the necessary site plan review and approval. If approved by the Planning Board and Your Honorable Body the Commissioner will issue a "Mere License" for said encroachments provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary. 2. That the applicant be responsible for maintenance of said statue and flagpole as long as they remain within City right of way. 3. That the applicant be responsible for relocation of any underground utilities affected by the installation of said statue and flagpole. 4. In the event that the Commissioner of Public Works, Parks and Streets determines the encroachment must cease as a result of factors effecting the health, safety and welfare of the public, or the needs of the City, said Commissioner may order the immediate removal of said encroachment as described in Chapter 413 -67 (G) of the City Chatter, 5. That the applicant supply the City of Buffalo a certificate of insurance, in an amount deemed sufficient by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said statue and flagpole. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 40 STREET LIGHTING BID FOR PORTIONS OF SENECA ST This is to advise your Honorable Body that the Department of Public Works, Parks & Streets will, within the next month, be putting out for bid plans and specifications to replace and upgrade the street lighting for portions of Seneca St., Buffalo River to the City line. RECEIVED AND FILED NO. 41 SWEET AVENUE PROPOSED STREET NAME CHANGE (FILL) This department is in receipt of the request to change the name of Sweet Avenue to Madinah Avenue. Although changing the actual signage is relatively simple, a street name change has far reaching consequences. These include property owners having to change all utility bills, deeds, bank records, tax information, driver license, etc. For that reason this department feels an overwhelming majority of property owners must first agree to said change. Sweet Avenue is approximately one mile long with over 250 homes that would be affected. An alternative to a name change would be Trailblazing Signage, otherwise known as honorary street signage, which is attached to existing street light standards without changing the street name, REFERRED TO THE COMMITTEE ON LEGISLATION, US POST OFFICE, FIRE DEPARTMENT FROM THE COMMISSIONER OF FIRE NO. 42 CERTIFICATE OF APPOINTMENT Appointment Effective 2/15/08 in the Department of Fire Division of Fire to the Position of Battalion Chief Permanent, Promotional, at the starting salary of $67,750 Michael Tuberdyke, 21 Legion Parkway 2B, Lancaster 14086 Michael Biasillo, 7117 Olean Rd, South Wales 14139 William Renaldo, 86 Norwalk, Buffalo 14216 Jeffrey Roberts, 28 Pine Terrace, Orchard Park 14217 Susan Brown, 8010 Burdick Road, Akron 14001 James Hayes Jr., 8 Pearl Street, Akron 14001 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 43 CERTIFICATE OF APPOINTMENT Effective 2/15/08 in the Department of Fire Division of Fire to the Position of Division Chief Permanent, Promotional, at the starting salary of $74,551 Scott Barry, 85 Eaglewood, Buffalo 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 44 FOOD STORE LICENSE 389 GRIDER (MASTEN) 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 389 Grider (Crider Discount 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 NO. 45 FOOD STORE LICENSE 88 LISBON (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 88 Lisbon (Buff City Exclusive) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 46 FOOD STORE LICENSE 174 MASSACHUSETTS (NIAGARA) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 174 Massachusetts (Mekong Express) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated February 14, 2008, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Kor Manirath located at 174 Massachusetts (Mekong Express). PASSED AYES -9 NOES -0 NO 47 FOOD STORE LICENSE 897 TONAWANDA (NORTH) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 897 Tonawanda (Liers Delicatessen) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated February 12, 2008, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Ali Harhara (Liers Delicatessen) located at 897 Tonawanda, PASSED AYES -9 NOES -0 NO. 48 BROADWAY MARKET -KEY BANK DEPARTURE : #66 CCP 2/5/2008 Thank you for referring the above item to our Department. We would be happy to continue to work with the Broadway Market Board and all other relevant parties to discuss how to strengthen this asset to our city and region. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 49 RESTAURANT DANCE LICENSE (RENEWAL) 1110 ELMWOOD (NORTH) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 1110 Elmwood (Mr. Goodbar) for which said renewal application for a Restaurant Dance Class III license is being sought by Dominic Massaro and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated February 13, 2008, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to renew a Restaurant Dancing Class License to Dominic Massaro d /b /a Mr. Goodbar located at 1110 Elmwood Avenue. PASSED AYES -9 NOES -0 NO. 50 SECOND HAND DEALER 295 MAIN ST (ELLICOTT) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 295 Main St and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Salvatore Gullo. The attached thereto for Salvatore Gull d /b /a Crinzi and Gullo Jewelers Inc. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development Permit and Inspections Services dated February 15, 2008 be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspections Services be, and he hereby is authorized to grant a Second Hand Dealer license to Salvatore Gullo d /b /a Crinzi and Gullo Jewelers, Inc. located at 295 Main Street. PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO. 51 LIST OF DELINQUENT TAX Pursuant to section 1122 of the Real Property Tax Law of the State of New York, Section 15 -41 of the City of Buffalo Code, and Section 10480)(5) and 1180 of the Public Authorities Law of the State of New York, respectively, I, Michael A. Seaman, the Direct- or of the Treasury and Collections; Deputy Commissioner of Administration, Finance, Policy and Urba Affairs; and Enforcing Officer of the City of Buffalo, do hereby certify and affirm as true under the penalties of perjury that this List of Delinquent Tax; User Fees and Sewer Liens, identifies those parcels which have been subject to delinquent Tax; User Fees and Sewer Liens held and owned by the City of Buffalo since the 1 st day of July, 2006, except for those parcels excluded from this List of Delinquent Tax; User Fees and Sewer Liens pursuant to law. The parcels, which are subject to such delinquent Tax; User Fees and Sewer Liens and the amounts due thereon, are identified on Schedule A of this List of Delinquent Tax; User Fees and Sewer Liens, which is annexed hereto and made a part hereof. Pursuant to section 1122(7) of the Real Property Tax Law, the office of the County Clerk shall constitute recording in such office of an individual and separate Notice of forth on this List2 Dated: February 14, 2008 Michael Seaman Director of the Treasury and Collections; Deputy Commissioner of Administration and Finance, Policy and Urban Affairs. Enforcing Officer I, Michael A. Seaman, being duly sworn, depose and say: I am the Enforcing Officer for the City of Buffalo. I have read this List of Delinquent Tax; User Fees and Sewer Liens which I have signed, and I am familiar with its contents: The contents of this List are true to the best of my knowledge, based upon the records and tax roll of the City of Buffalo, in the hands of the Department of Assessment and Taxation and the Department of Pub /lie Works, Parks and Streets respectively. I do not know of any errors or omissions in this List TO THE ERIE COUNTY CLERK: Please file and index this List of Delinquent Tax; User F by section 1122 of the Real Property Tax Law, Dated: February 14, 2008A. Director of Treasury and Collections; Deputy Commissioner of Administration, Finance Policy and Urban Affairs Enforcing Officer RECEIVED AND FILED FROM THE COMMISSIONER OF HUMAN RESOURCES NO. 62 SPECS FOR VARIOUS POSITIONS Dear Jim: In response to your correspondence of February 22, 2008, be advised that this is the first request that I have received regarding the listed specs. As such, I have enclosed specs for Coordinator of Anti - Graffiti & Clean City Programs, Director of Government Research and Analysis and Chief Economic Development Officer. Be advised that no specs were adopted for Research Manager or Business Relationship Manager. I trust this will answer your inquiry. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE BUFFALO SEWER AUTHORITY NO. 63 COMPREHENSIVE ANNUAL FINANCIAL REPORT Dear Chief of Staff: Enclosed is the Buffalo Sewer Authority's Comprehensive Annual Financial Report for the Year Ended June 30, 2007. The Board of the Buffalo Sewer Authority approved this report on February 20, 2008. If you would like to update your information, or be removed from this mailing list, please e -mail: criley @sa.ci.buffalo.ny.us Thank you. Sincerely, REFERRED TO THE COMMITTEE ON FINANCE FROM THE CITY CLERK NO. 64 MAYOR BYRON W. BROWN OUT OF TOWN TRAVEL Pursuant to Section 4 -4 of the City of Buffalo Charter, I will be out of state from February 24 -25, 2008. 1 hereby designate Commissioner Janet Penksa, Administration, Finance, Policy and Urban Affairs to perform the Mayor's duties in my absence. RECEIVED AND FILED NO. 66 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owners Name 163 Kerns Avenue Inc 163 Kearns Ave Inc 245 Allen Street Allen Street Hardware Cafe Mark Goldman 117 West Chippewa St 117 West Chippewa Daniel R Connors & Scott Hartung 252 Delaware Ave Opus Lounge E1 Habeb Bouali 520 Niagara St Rendezvous on Niagara Jason M. Kipa RECEIVED AND FILED NO. 66 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: X Police- Timothy J Strunk RECEIVED AND FILED. NO. 57 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: Buffalo Sewer Authority RECEIVED AND FILED. NO. 58 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Fontana moved the approval of the appointments to the position of Council Intern ADOPTED CERTIFICATE OF APPOINTMENT Appointment Effective: March 4, 2008 in the Department of Common Council, Division of Fillmore District to the Position of Intern V, Seasonal, Non Competitive at the Flat Starting Salary of $8.00 /hr Ryan Cunningham, 175 Linwood Ave apt 35, Buffalo, NY 14209 NO. 59 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 2/21/08 in the Department of Public Works Division of Streets to the Position of Laborer II Seasonal, Appointment at the starting salary of $11.11 James DiSalvo, 436 Vermont Street, Buffalo 14213 Mohamed Ali, 321 Grant Street, Buffalo 14213 CERTIFICATE OF APPOINTMENT Appointment Effective 2/26/08 in the Department of Community Services & Recreational Service Division of Youth to the Position of Intern III Seasonal, Unclassified, at the starting salary of $7.15 Aveona Banks, 393 Highgate, Buffalo 14215 Jason Berg, 277 Roslyn, Buffalo 14215 Carl Bishop, 40 C Street, Buffalo 14211 Zanequah Brown, 7 Bennett Lane, Buffalo 14203 Latia Clark, 110 Allendale, Buffalo 14215 Samuel Diaz, 175 Breckenridge, Buffalo 14213 Ronnie Dixon, 315 A Langfield, Buffalo 14211 Timothy Eastmon, 213 Westminister, Buffalo 14215 Anthony Ferrell, 686 Walden, Buffalo 14211 Anthony Greene, 361 Wyoming, Buffalo 14215 Terrence Jones, 122 Gibson, Buffalo 14212 Oscar Lewis, 371 Emslie, Buffalo 14206 Aaron Mack, 487 Clinton, Buffalo 14204 Daniela Moya, 161 Marine Dr #3D, Buffalo 14202 Aamir Muhamad, 449 Cambridge, Buffalo 14215 Safia Munye, 195 Y2 Grant St, Buffalo 14213 Alinka Nevins, 272 Schuele, Buffalo 14215 Passion Patterson, 116 Montana, Buffalo 14211 Sharmaine Payne, 85 E. Amherst, Buffalo 14214 Rodney Pierce, 22 Bennett Village, Buffalo 14214 Shivell Pierce, 22 Bennett Village, Buffalo 14214 Mariah Pilc, 22 Bennett Village, Buffalo 14214 Layla Sheikh, 231 Potomac Ave, Buffalo 14213 Ava Shepard, 242 Abbott Rd, Buffalo 14220 Paul Stoddard, 100 Lockwood, Buffalo 14220 Ebony Tate, 62 Wecker, Buffalo 14215 Candice Tate, 62 Wecker, Buffalo 14215 Khiry Ward, 16 Minton St, Buffalo 14210 Akeem Williams, 75 Wecker, Buffalo 14215 Latisha Woods, 233 Eagle apt 607, Buffalo 14204 Lakeshia Young, 19 Putnam, Buffalo 14213 Ismohan Moussa, 339 Highgate, Buffalo 14215 CERTIFICATE OF APPOINTMENT Appointment Effective 2/26/08 in the Department of Community Services & Recreational Service Division of Youth to the Position of Intern III Seasonal, Unclassified, at the starting salary of $12.00 Simone Bennett, 391 Emslie, Buffalo 14206 CERTIFICATE OF APPOINTMENT Appointment Effective 2/27/08 in the Department of Public Works Division of Streets to the Position of Laborer II Seasonal, Appointment, at the starting salary of $11.11 Brain J. Smith, 88 Arbour Lane, Buffalo 14220 NO. 60 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 2/25/08 in the Department Public Works Division of Streets to the Position of Laborer II Temporary Appointment starting Salary of $24,430 Michael Schroeder, 98 Coolidge Rd, Buffalo 14220 CERTIFICATE OF APPOINTMENT Appointment Effective 2/25/08 in the Department Public Works, Parks & Streets Division of Water to the Position of Water Service Worker Temporary Appointment starting Salary of $29,038 Michael Darby, 253 Herman St, Buffalo 14211 CERTIFICATE OF APPOINTMENT Appointment Effective 2/19/08 in the Department Administration, Finance, Policy and Urban Affairs Division of Treasury & Collections to the Position of Assistant Collection Officer Permanent Promotion starting Salary of $33,359 Tracy Nikel, 120 Fredro, Buffalo 14206 CERTIFICATE OF APPOINTMENT Appointment Effective 3/3/08 in the Department Economic Development, Permit and Inspection Services Division of Permits to the Position of Typist Permanent Appointment starting Salary of $25,162 Denise Virgil, 36 LaSalle Ave, Buffalo 14214 NON - OFFICIAL COMMUNICATIONS, PETITIONS ANDREMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 61 RETURN ICE SKATING TO HOYT LAKE The Buffalo Olmsted Parks Conservancy respectfully presents the following comments on the issue of ice skating on Hoyt Lake. The Buffalo Olmsted Parks Conservancy mission is to broaden awareness for, and investment in Buffalo's Olmsted Park System in order to enhance, restore, and maintain this cultural treasure for the benefit of current and future generations. The Buffalo Olmsted Parks Conservancy is committed to management of the parks and parkways in ways that are consistent with this mission, and welcome the recommendation that the historic activity of ice skating be reinstituted on Hoyt Lake. We believe that ice skating on Hoyt Lake will provide residents and visitors with a valuable recreational activity that is appropriate to Delaware Park and celebrates Buffalo's winter season. We firmly believe that the City of Buffalo's international reputation for winter weather of consequence should be embraced and celebrated at every opportunity. We are confident that the following areas of concern can be adequately addressed to allow for this recreational activity. 1) Safety - Hoyt Lake does not always freeze enough to allow skating due to weather variations and would need to be carefully monitored on a continuing basis. 2) Costs - funding would be needed to staff and promote the skating program, and for the manpower or equipment to keep the lake clean & smooth for skating. While a modest fee could be considered for the rental of skating equipment and access, the extent to which this would cover the costs associated with this activity is unclear without further information as to community demand. In addition, to the extent that hockey tournaments and other special events are under consideration, the City of Buffalo Special Events Committee, in consultation with Erie County and the Conservancy, may wish to consider an appropriate registration fee / security deposit schedule for event sponsors and /or competitors to defray the costs of park preparation, clean -up and other expenses associated with such events. 3) Insurance -We assume that the City of Buffalo's liability and risk insurance would cover this activity, consistent with the provision of the current contract with Erie County and the Buffalo Olmsted Parks Conservancy. As an important partner in the management and care of the Buffalo Olmsted Parks we urge careful consultation with Erie County Department of Parks, Recreation and Forestry on this matter prior to proceeding. REFERRED TO THE COMMITTEE ON FINANCE NO. 62 BOULEVARD ALTERNATIVE WOULD GIVE BUFFALO A GREAT PLACE Renowned planner Andres Duany said: "Create places of great beauty and you will improve the lives of people for many generations to come." This quote reminds us that there is something special about great places. They can raise your spirits, remove you from your everyday world and immerse your senses into a unique environment. This is what early planners had in mind when they created Lincoln Parkway, Bidwell Parkway, Chapin Parkway and Richmond Avenue. Also, the Niagara Park Commission had the foresight to create a great parkway along the Niagara River between Fort Erie and Niagara -on- the -Lake. We can create a world -class waterfront by reclaiming and respecting the natural environment and places, creating great streets and integrating livable development in the outer and inner harbor areas. Overwhelmingly, the best streets are derived from a conscious act of conception and creation of the street as a whole. This has not happened on the Buffalo waterfront -- yet. The elevated section of Route 5, the "highway wall," isolates our waterfront areas and precludes the creation of easily accessible great waterfront places. This wall needs to come down to reunite and revive the spirit of the harbor areas. The release from this bondage will allow for rebirth and new freedom for the people and development on our great waterfront. Its replacement, a regional boulevard, would be a major catalyst in creating a world -class waterfront. But the Department of Transportation wants to prolong our wait for a great outer harbor area with a short -term piecemeal alternative that not only keeps the elevated portion of Route 5 in place, but even increases its height in some places -- all apparently for the sake of vehicular speed. The DOT has rejected a boulevard alternative that it recognizes as feasible notwithstanding that other cities have chosen boulevards to handle traffic flows far greater than exists on Route 5. Any arguments against the boulevard alternative can be strongly refuted: • Boulevards are appropriate where there is a need to carry both through and local traffic, where there is good reason for the through traffic to move faster than local traffic and /or where there is real or potential conflict between the two. They have the potential to become special places. • Boulevards connect, rather than separate, land uses, neighborhoods and districts across a hierarchy street pattern, and have the ability to change and adapt as the area around them changes. • Boulevards are not inherently more accident prone than ordinarily configured arterial streets. Analysis of data from American and European boulevards does not support the prevailing view that they are. A multiway regional boulevard is the best alternative because its potential to help create a sustainable "great place" exceeds that of any other alternative. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 63 LETTER OF SUPPORT FOR THE BOULEVARD ALTERNATIVE The City of Buffalo Bicycle- Pedestrian Advisory Board passed a resolution in support of the Buffalo Common Council and Waterfront Coalition in opposing the proposed Route 5 expressway rebuild project. We feel strongly that the at grade Boulevard Plan with multiple access points and dedicated lanes for pedestrians and cyclists is the preferred route to take. At a time when majorcities all over this continent and Europe are dismantling their urban expressways in favor of multi -use boulevards and finding no sacrifice in capacity, we think it would be a disaster for Buffalo to repeat a 50 year old mistake. The Boulevard would make the outer harbor more accessible to both South Buffalo, the southern suburban municipalities and downtown while utilizing less valuable real estate, allow for more flexibility in development of the outer harbor and increase the city's tax base. It would also be compatible with the eventual dismantling of the skyway and further development down the road, unlike the current Expressway Plan. One of the goals of this Board is to align our thinking with other major metropolitan areas in the effort to make our city more bicycle and pedestrian friendly. The Expressway would be a single use thoroughfare for high speed automobile traffic only, in an age when our efforts should be focused on reducing greenhouse gases, improving traffic congestion curtailing our reliance on petroleum products and relieving our obesity epidemic. We hope that the NYSDOT will reconsider embarking on this flawed plan and take another look at the Boulevard Alternative. REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT NO. 64 CITIZENS BANK ESCROW AGREEMENT FOR HICKORY WOODS SETTLEMENT I would like to file the attached information for the next Common Council meeting to be held on March 4, 2008 COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON FINANCE NO. 66 TOWN OF CHEEKTOWAGA HEARING REZONE 2160 CLINTON ST NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Town Board of the Town of Cheektowaga, Erie County, New York at the Town Hall in said Town of Cheektowaga at 3301 Broadway (corner of Union Road) on the 25th day of February, 2008 at 6:30 P.M. of said day for the purpose of considering the application of: Silvestri Architects for the rezoning of 2160 Clinton Street, identified as S.B.L. #123.36 -5- 10.111 from C- Retail Business District and R- Residence District to RA- Apartment District for the conversion of the former school to an apartment building for developmentally disabled /economically disadvantaged individuals. All parties in interest and citizens will be given an opportunity to be heard in regards to such application. BY ORDER OF THE TOWN BOARD OF THE TOWN OF CHEEKTOWAGA, ERIE COUNTY, NEW YORK Dated: February 14, 2008 LEGAL DESCRIPTION All that tract or parcel of land, situate in the Town of Cheektowaga, County of Erie and State of New York, being part of Lot Number 162, Township 10, Range 7, of the Buffalo Creek Reservation, being further described as follows: Beginning at the intersection of the north line of Clinton Street (66 feet wide) with the west line of Meadowbrook Parkway (50 feet wide) all as shown on a map recorded in the Erie County Clerk's Office under cover # 901; thence westerly along said north line of Clinton Street, a distance of 70.00 feet to a point; thence northerly parallel with said Meadowbrook Parkway, a distance of 50.79 feet to a point; thence westerly parallel with the said north line of Clinton Street, a distance of 11.39 feet to a point; thence northerly parallel with said Meadowbrook Parkway, a distance of 182.71 feet to a point; thence westerly parallel with the said north line of Clinton Street, a distance of 46.28 feet to a point; thence northerly parallel with said Meadowbrook Parkway, a distance of 72.00 feet to a point; thence easterly parallel with the said north line of Clinton Street, a distance of 127.67 feet to a point in the west line of said Meadowbrook Parkway; thence southerly along the said west line of Meadowbrook Parkway, a distance of 305.5 feet to the point or place of beginning, containing 0.63 acres more or less. RECEIVED AND FILED NO. 66 OFFICIAL STATEMENT FROM BUFFALO'S HISPANIC LEADERSHIP Whereas: The City of Buffalo Hispanic /Latino Community was offended by the statements made during the Inaugural Ceremonies of 2008. Whereas: The Hispanic Community was honored to view the swearing in of one of own members of the Hispanic Community - Councilmember David Rivera. Whereas: This day reflected a celebratory and exciting moment in the History of the Hispanic Community by electing only the (2" member of our Hispanic community to Buffalo's Common Council. Whereas: The comments, statements and charges of racism were made by an African American City of Buffalo Elected Official. Whereas: We the Hispanic Community for years have supported the efforts and struggles of the African American community. Therefore be it known: That we the Leadership of the Hispanic Community representing the people of our Community hereby make this official statement to be officially filed and recorded with the City of Buffalo Common Council. In that we, as members and leaders of the Buffalo's Hispanic Community denounce the statements made by a Councilmember. We find the charges of racism on such day to have been offensive, derogatory and misplaced. It was a day of success, celebration and excitement for all members of our community. It was disingenuous and frankly offensive to us as a people. Furthermore: The achievement of a Hispanic Councilmember representing the people of this City afforded us the opportunity to appoint more Hispanics to the body of the legislature. Therefore, providing a more diverse - inclusive group of minorities. We invite members of the African American Leadership and the Mayor of the City of Buffalo to continue to work with our Hispanic Community. We encourage dialogue and cooperation which serves the betterment of both of our communities. We members of the Hispanic Community ask for fairness, inclusiveness and respect. RECEIVED AND FILED NO. 67 SITE CLEANLINESS & RECYCLING ORDINANCE BEGINS Enforcement Begins for Construction and Demolition Site Cleanliness and Recycling Ordinance The City of Chicago announced that the new ordinance governing cleanliness on larger construction and demolition sites in Chicago officially took effect on Monday. March 14, 2005. The City will also be enforcing the need for recycling on these project sites, but will not begin enforcing the mandatory recycling thresholds of 25% and 50% until those kick in on January 1 of 2006 and 2007 respectively. In addition to recycling, the new requirements that are now in effect require contractors to take steps such as installing fencing, using mesh for dust control, neatly stacking materials and tools and containing waste and litter. The City has begun additional site visits in preparation for the increased cleanliness measures conducting more than 1.800 inspections of construction and demolition sites and issuing 67 violation citations since August 3, 2004. Under the new regulations the City will be able to issue tickets for a $200 -500 fine for every violation of this new ordinance. Multiple violations can result in a 10 -day step -work order. "We are aware that our requirements place extra demands on contractors, but we believe that they are fair requirements that will help to ensure their neighborhoods remain safe and clean, and that we are recycling as much material as we can." said Streets & Sanitation Commissioner Al Sanchez. "By working together with the construction and demolition industry we are confident that we can continue to improve the quality of life in Chicago and a of our neighborhoods for many years to come." The City intends to use the next year to educate construction and demolition companies not only on this ordinance, but on the importance of recycling their waste. Educational seminars that focus on construction and demolition site recycling will be conducted free of charge. The dates for these seminars at the Chicago Center for Green Technology ( 445 N, Sacramento) are listed below. April 12. 2005 10am -12pm June 14,2005 10am -12pm August16.2005 10am -12pm October18, 2005 10am -12pm For additional information about these seminars, please call: 312 746 -4155 For details on the City's Construction Site cleanliness and recycling efforts visit the City's Home Page at, www.cityofohicago.org and select the Streets & Sanitation link. As with any request for City services. Chicago residents should call 3 -1 -1 to report any construction site problems in their neighborhoods. Multi -Unit Buildings Recycling From Your Apartment if you live in a building of five units or greater, you are serviced by a private waste hauler, which is mandated by law to recycle applicable materials. Your building management is also required to offer you an effective recycling program, which is defined by three things: source reduction and separation, an education program and a written recycling plan. 1. Source separation means separating recyclables from trash before the waste hauler picks them up. An effective program recycles at least three materials such as newspaper, glass and plastic. In special cases, a waste service can collect only two materials if your landlord also implements two waste reduction measures, such as using energy saving light bulbs and reusing supplies. 2. All residents must be told what can be recycled and how to prepare it. Your landlord needs to either distribute pamphlets or post signs in common areas, and tell tenants about changes in the recycling plan 10 days before they happen. 3. A written recycling plan with five parts must also be available to all apartment residents, including: The three recycled materials and any source reduction measures your landlord uses. How to prepare recyclables and what happens to them once the waste hauler picks them up. A summary of the education program. The contract with the waste hauler. Semi - annual waste hauler quality reports and any reports of contamination. Resident Action Center Here are some ways you can make sure your building is effectively recycling: 1. Ask to see your building's recycling plan. 2. Check to make sure the details in the plan are being carded out (Are recycling bins accessible to all residents? Are recyclables being sorted ?) 3. Check to see if the private hauler keeps the recyclables from trash as they leave your building or if they have a Blue Bag program in effect, 4. Ask to see the hauler's semi - annual reports to judge how successful your apartment's recycling efforts really are. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 68 DESIGNATION OF RESTRICTED HIGHWAY Pursuant to Section 104a of the Highway Law the following described highway: Beginning on New York Route 5 approximately 1000 feet south of the Union Ship Canal and continuing northerly along Route 5 for approximately 3.0 miles to a point approximately 1000' north of the start of the Skyway. Also, the project includes Fuhrmann Boulevard from the Union Ship Canal and continuing north along Fuhrmann Boulevard for approximately 3 miles to its terminus at the United States Coast Guard Station driveway. All in the City of Buffalo in Erie County which is being reconstructed under Contract No. D260558 is hereby designated as a Restricted Highway. Designation of restricted highway shall expire on November 30, 2010. Pursuant to Section 1625 of the Vehicle and Traffic Law all movement of vehicles, persons or animals on such highway is hereby restricted and regulated in accordance with the determination of the Commissioner of Transportation as evidenced by posted signs, signals or barriers placed along said highway and /or by directions by an authorized representative of the Commissioner of Transportation. Any action taken by the Commissioner of Transportation pursuant to Section 1625 of the Vehicle and Traffic Law shall supersede any other provisions of the Vehicle and Traffic Law where inconsistent or in conflict with respect to the following enumerated subjects: 1. Establishment of maximum and minimum speed limits at which vehicles may proceed along any such restricted highway. 2. Weights and dimensions of vehicles. 3. Use of such restricted highway by pedestrians, equestrians, and animals. 4. Parking, standing, stopping and backing of vehicles. 5. Control of persons and equipment engaged in work on such highway. The provisions of the Vehicle and Traffic Law with respect to registration shall not apply to vehicles and equipment engaged in work on such restricted highways. When used on such restricted highways, alt traffic control devices shall be considered as official traffic control devices and shall conform to the manual and specifications for a uniform system of traffic control devices adopted by the Department of Transportation. REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT NO. 69 CONDITIONS IN CITY HALL There was a need for me and my husband to go to City Hall. We haven't been in there in 40 years. And what I saw yesterday, I don't think I will set foot in there again. I couldn't believe my eyes - shame, shame. Dirty, dingy, dark, the windows /doors, I bet haven't been washed in months, may be years. I can understand the floors being as they were as you walk in the City Hall because of the weather. When was the last time the revolving doors were refinished? The elevators, deplorable! I know City Hall is an old building, but clean it up. There was no receptionist to help / tell you where to go. Did you every think of having students do that and earn extra points for their Social Studies or English class or even pay them minimum wage? What an experience for them. We had to get our birth certificates - I looked around - the ceiling needs painting, the blinds in that room were every which way, sloppy. I saw how busy the clerks were, but there must be cleaners around there. There is a need to hire some - I understand there is a surplus in Buffalo's budget - put a few people to work Those beautiful statues of our presidents. I couldn't distinguish who it was - I guessed it was Teddy Roosevelt - the carvings are about gone. And McKinley, have you noticed the trash around the statue? Don't tell me it is the weather. There is no excuse for this, none what so ever. In your speech you said "Renaissance is in full swing." Where? Hum. Buffalo has such assets - the waterfront, fresh water, the people especially, Bills, Bisons, Sabres. I love living here - make me proud. RECEIVED AND FILED I »1111IQ0 NO. 70 J. PALKA, AGENT, USE 94 SHOSHONE, FOR A GROUND SIGN (UNIV) (HRG 3/11/08) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 71 M. ULRICH, OWNER, USE 275 OAK ST FOR A GROUND SIGN(ELL) NO PUB HRG REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 72 J. TEDESCHI, AGENT, USE 224 GIBSON ST FOR A SOUP KITCHEN (NO PUB HRG)(FILL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 73 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM(CTY CLK) (CCP# 39, 2/19) That the Above item be the same and is hereby Received and Filed. ADOPTED FINANCE (MICHAEL P, KEARNS, CHAIRMAN) NO. 74 PURCHASE OF EQUIPMENT (ITEM NO. 28, C.C.P., FEB. 19, 2008) That the Commissioner of Administration and Finance and the Director of Purchase be, and they hereby are authorized to purchase a T160 Bobcat Skid Steer for the Division of Parking Enforcement. PASSED AYES - 9 NOES -0 NO. 75 SUPPORT ST. MARTIN VILLAGE PROJECT AND THE HOLY FAMILY SENIOR HOUSING PROJECT (ITEM NO. 93, C.C.P., FEB. 19, 2008) That the Common Council does hereby support the continued development of decent, safe sanitary and affordable housing for senior citizens and low- income residents in the City of Buffalo, and specifically the Holy Family Senior Housing Project in South Buffalo and the St. Martin Village Project in the Ellicott District of Buffalo, and it further That the City of Buffalo has made available $600,000 for the Holy Family Senior Housing Project and $500,000 for the St. Martin Village Project in City of Buffalo HOME funds to be used in the projects, and be it further That the City of Buffalo Common Council does hereby approve a Payment In Lieu of Taxes (PILOT) from the City of Buffalo for the Holy Family Senior Housing Project and the St. Martin Village Project. That the City of Buffalo HOME funding and PILOTs committed to the Holy Family Senior Housing Project and the St. Martin Village Project is conditional to receiving an allocation of Low Income Tax Credits through the 2008 Unified Funding for Capital Projects to the New York State Division of Housing and Community Renewal. That if either project fails to secure an allocation of Low Income Tax Credits from the 2008 Unified Funding for Capital Projects to the New York State Division of Housing and Community Renewal the commitment will sunset on the date of the announced projects by the New York State Division of Housing and Community Renewal. ADOPTED NO. 76 BOND RESOLUTION — BAILEY AVENUE BRDIGE RECONSTRUCTION ACCOUNT 3000 -310 (ITEM NO. 99, C.C.P., FEB. 19, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: LAID ON THE TABLE AYES — Fontana, Franczyk, Kearns, LoCurto, Rivera 5 NOES — Davis, Golombek, Russell, Smith 4 No. 77 Bond Resolution - Bailey- Kensington Fire Station Account 3000 -320 (Item No. 100, C.C.P., Feb. 19, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: LAID ON THE TABLE AYES — FONTANA, FRANCZYK, KEARNS, LOCURTO, RIVERA — 5 NOES — DAVIS, GOLOMBEK, RUSSELL, SMITH — 4 TABLED NO. 78 Bond Resolution - Citywide Arterial Pavement Milling & Resurfacing Account 3000 -310 (Item No. 101, C.C.P., Feb. 19, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: LAID ON THE TABLE AYES — FONTANA, FRANCZYK, KEARNS, LOCURTO, RIVERA —5 NOES — DAVIS, GOLOMBEK, RUSSELL, SMITH — 4 TABLED NO. 79 Bond Resolution - Citywide Parks Improvements Account 3000 -450 (Item No. 102, C.C.P., Feb. 19, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: LAID ON THE TABLE AYES — FONTANA, FRANCZYK, KEARNS, LOCURTO, RIVERA —5 NOES — DAVIS, GOLOMBEK, RUSSELL, SMITH — 4 TABLED No. 80 Bond Resolution - Citywide Infrastructure Repair /Replacement Account 3000 -310 (Item No. 103, C.C.P., Feb. 19, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: LAID ON THE TABLE AYES — FONTANA, FRANCZYK, KEARNS, LOCURTO, RIVERA —5 NOES — DAVIS, GOLOMBEK, RUSSELL, SMITH — 4 TABLED No. 81 Bond Resolution - Computers & Technology - Various Schools Account 3998 -970 (Item No. 104, C.C.P., Feb. 19, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. NO. 82 Bond Resolution - Demolition - Emergency Conditions Account 3000 -650 (Item No. 105, C.C.P., Feb. 19, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: LAID ON THE TABLE AYES — FONTANA, FRANCZYK, KEARNS, LOCURTO, RIVERA —5 NOES — DAVIS, GOLOMBEK, RUSSELL, SMITH — 4 TABLED NO. 83 Bond Resolution - District Heat Distribution System Account 3000 -320 (Item No. 106, C.C.P., Feb. 19, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: LAID ON THE TABLE AYES — FONTANA, FRANCZYK, KEARNS, LOCURTO, RIVERA —5 NOES — DAVIS, GOLOMBEK, RUSSELL, SMITH — 4 TABLED NO. 84 BOND RESOLUTION- EMERGENCY BRIDGE REPAIRS ACCOUNT 3000 -310 (ITEM NO. 107, C.C.P., FEB. 19 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: LAID ON THE TABLE AYES — FONTANA, FRANCZYK, KEARNS, LOCURTO, RIVERA —5 NOES — DAVIS, GOLOMBEK, RUSSELL, SMITH — 4 TABLED NO. 85 BOND RESOLUTION - ENVIRONMENTAL REMEDIATION CITYWIDE ACCOUNT 3000 -310 (ITEM NO. 108, C.C.P., FEB. 19, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: LAID ON THE TABLE AYES — FONTANA, FRANCZYK, KEARNS, LOCURTO, RIVERA —5 NOES — DAVIS, GOLOMBEK, RUSSELL, SMITH — 4 TABLED NO. 86 BOND RESOLUTION - FIRE APPARATUS ACQUISITION ACCOUNT 3000 -210 (ITEM NO. 109, C.C.P., FEB. 19, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: LAID ON THE TABLE AYES — FONTANA, FRANCZYK, KEARNS, LOCURTO, RIVERA —5 NOES — DAVIS, GOLOMBEK, RUSSELL, SMITH — 4 TABLED NO. 87 BOND RESOLUTION - HUMBOLDT PARKWAY STREETSCAPE ACCOUNT 3000 -310 (ITEM NO. 110, C.C.P., FEB. 19, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: LAID ON THE TABLE AYES — FONTANA, FRANCZYK, KEARNS, LOCURTO, RIVERA —5 NOES — DAVIS, GOLOMBEK, RUSSELL, SMITH — 4 TABLED NO. 88 BOND RESOLUTION - MARCY CASINO RESTORATION ACCOUNT 3000 -320 (ITEM NO. 1 11, C.C.P., FEB. 19, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: LAID ON THE TABLE AYES — FONTANA, FRANCZYK, KEARNS, LOCURTO, RIVERA —5 NOES — DAVIS, GOLOMBEK, RUSSELL, SMITH — 4 TABLED NO. 89 BOND RESOLUTION - NEW BOILERS ACCOUNT 3998 -970 (ITEM NO. 112, C.C.P., FEB. 19, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: LAID ON THE TABLE AYES — FONTANA, FRANCZYK, KEARNS, LOCURTO, RIVERA —5 NOES — DAVIS, GOLOMBEK, RUSSELL, SMITH — 4 TABLED NO. 90 BOND RESOLUTION - OUTER HARBOR BRIDGE E.I.S. ACCOUNT 3000 -310 (ITEM NO. 113, C.C.P., FEB. 19, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: LAID ON THE TABLE AYES — FONTANA, FRANCZYK, KEARNS, LOCURTO, RIVERA —5 NOES — DAVIS, GOLOMBEK, RUSSELL, SMITH — 4 TABLED NO. 91 BOND RESOLUTION - HAMLIN PARK PLANNING NEIGHBORHOOD ACCOUNT 3000 -310 (ITEM NO. 114, C.C.P., FEB. 19, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: LAID ON THE TABLE AYES — FONTANA, FRANCZYK, KEARNS, LOCURTO, RIVERA —5 NOES — DAVIS, GOLOMBEK, RUSSELL, SMITH — 4 TABLED NO. 92 BOND RESOLUTION - RECONSTRUCTION OF VARIOUS SCHOOL BUILDINGS ACCOUNT 3998 -970 (ITEM NO. 115, C.C.P., FEB. 19, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: LAID ON THE TABLE AYES — FONTANA, FRANCZYK, KEARNS, LOCURTO, RIVERA —5 NOES — DAVIS, GOLOMBEK, RUSSELL, SMITH — 4 TABLED NO. 93 BOND RESOLUTION - STREETS VEHICLES ACCOUNT 3000 -310 (ITEM NO. 116, C.C.P., FEB. 19, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: LAID ON THE TABLE AYES — FONTANA, FRANCZYK, KEARNS, LOCURTO, RIVERA —5 NOES — DAVIS, GOLOMBEK, RUSSELL, SMITH — 4 TABLED NO. 94 REPORT OF AUCTION - 237 MASTEN (ITEM NO. 15, C.C.P., DEC. 11, 2007) (ITEM NO. 59, C.C.P., FEB. 5, 2008) 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. William C. Ervin and Mrs. Jane Ervin, residing at 243 Masten Avenue in the sum of one thousand and eight hundred dollars ($1,800.00) to purchase the property described as 237 Masten, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel 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 bids were submitted. Passed. AYES — 9 NOES — 0 NO. 95 RESULTS OF NEGOTIATIONS - 177 NORTHAMPTON (ITEM NO. 9, C.C.P., OCT. 2, 2007) (ITEM NO. 62, C.C.P., FEB. 5, 2008) 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. Walter L. Johnson, residing at 20101 Greenfield Road, Detroit, Michigan 48235, in the sum of five thousand and seven hundred dollars ($5,700.00) for the purchase of 177 Northampton, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed AYES — 9 NOES — 0 NO. 96 SUPPORTING SMALL BUSINESS (ITEM NO. 45, C.C.P., NOV. 27, 2007) (ITEM NO. 101, 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 - mentioned item be and the same is hereby received and filed. Adopted. NO. 97 PROMOTING SMALL BUSINESSES (ITEM NO. 102, C.C.P., OCT. 2, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Davis moved: That the above - mentioned item be and the same is hereby received and filed. Adopted. COMMUNITY DEVELOPMENT (MICHAEL J. LOCURTO, CHAIRPERSON) No. 98 Buffalo and Erie County Botanical Gardens Society, Inc. - Easement of Portions of South Park (Item No. 10, C.C.P., Feb. 19, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: The Cultural and Recreational Easement of 3.14 acres, as attached to the above communication, running with the land described in the above communication as Description of Easement between the City of Buffalo and the County of Erie is approved. PASSED AYES — 9 NOES — 0 NO. 99 C.Johnson Concerns Demo of 41 Parkridge Ave (Univ) No. 44 Feb 19, 08 That the above item be the same and hereby is Referred to the Committee on Claims ADOPTED NO. 100 Results of Negotiations -433 Swan (Item No. 11, C.C.P., Feb. 5, 2008) (Item No. 86, C.C.P., Feb. 19, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the offer from Mr. Antonio Gonzalez, residing at 435 Swan Street, in the sum of one thousand and four hundred dollars ($1,400.00) for the purchase of 433 Swan Street, be and is hereby accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed. AYES —9 NOES — 0 NO. 101 Support for a Downtown Public Market (Item No; 106, C.C.P., Feb. 6, 2007) That the Common Council hereby is in support of a seasonal outdoor market in downtown Buffalo. ADOPTED NO. 102 B. Davis -Tom Nichols- Concerns Climate Change Crisis CCP# Dec 26 That the above item be the same and hereby is Received and Filed ADOPTED LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRPERSON) NO. 103 Recommendation -Exec Dir Comm on Citizens Rights (Garcia)(Mayor) CCP #2,2/19 That the above item be the same and hereby is Received and Filed. ADOPTED NO. 104 Block Battaglia Garbage Scheme Part II CCP #9,2/19 That the above item be the same and hereby is Received and Filed. ADOPTED NO. 105 RESTAURANT DANCING CLASS IV — 52 CHIPPEWA WEST (ITEM NO. 21, C.C.P., FEB. 19,2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That pursuant to Chapter 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 IV license to Charles Goldman, d /b /a LaLuna, located at 52 Chippewa West. Approve with the following conditions: • There will be no one under the age of 21 years old permitted after 10:00pm • If present, graffiti must be removed from exterior of establishment within 72 unless employed by establishment (No Co- mingling of Patrons) hours • Exterior of premise must be cleaned and free of debris by 7:OOam each morning this shah include removal of trash from any receptacles in front or adjacent to property • There shah be no plastic banners and /or non permanent signage displayed between the hours of 7:OOam - 9:OOpm daily • There shall be no outdoor music allowed Restaurant Dance Conditions 1. Valid exclusively for the primary use of and the day to day operations of this Business /Owner as so indicated on this License. This license is personal and cannot be directly or indirectly transferred or assigned. 2. NOT valid to lease, rent or otherwise allow any third party that is not the owner /licensee of the establishment, whether or not a fee is charged; to hold and/or conduct any "Public Dance" or similar "Special Event' at this establishment. 3. Not valid for use in conjunction with any "co- mingling event" whereby patrons of a legal drinking age and patrons not of a legal drinking age as so prescribed by the laws of New York State are attending and /or otherwise "co- mingling" at any single event occurring at this establishment. PASSED WITH CONDITIONS AYES - 9 NOES — 0 No. 106 RESTAURANT DANCING CLASS 1V -199 DELAWARE (ITEM NO. 22, C.C.P., FEB. 19, 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 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 1 V license to Christopher Wahl d /b /a Club W Inc., located at 199 Delaware. Approve with the following conditions: • There will be no one under the age of 21 years old permitted after 10:00pm • If present, graffiti must be removed from exterior of establishment within 72 unless employed by establishment (No Co- mingling of Patrons) hours • Exterior of premise must be cleaned and free of debris by 7:OOam each morning this shah include removal of trash from any receptacles in front or adjacent to property • There shah be no plastic banners and /or non permanent signage displayed between the hours of 7:OOam - 9:OOpm daily • There shall be no outdoor music allowed Restaurant Dance Conditions 1. Valid exclusively for the primary use of and the day to day operations of this Business /Owner as so indicated on this License. This license is personal and cannot be directly or indirectly transferred or assigned. 2. NOT valid to lease, rent or otherwise allow any third party that is not the owner /licensee of the establishment, whether or not a fee is charged; to hold and/or conduct any "Public Dance" or similar "Special Event' at this establishment. 3. Not valid for use in conjunction with any "co- mingling event" whereby patrons of a legal drinking age and patrons not of a legal drinking age as so prescribed by the laws of New York State are attending and /or otherwise "co- mingling" at any single event occurring at this establishment. PASSED WITH CONDITIONS AYES - 9 NOES -0 NO. 107 RESTAURANT DANCING CLASS III- 600 EAST NORTH (ITEM NO. 23, C.C.P., FEB. 19, 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 150 of the City Code, the Commissioner of Economic Development, Permit & Inspection Services be, and he hereby is authorized to grant a Restaurant Dancing Class III license to Joseph Carrier d /b /a Musicians Big 6 VIP located at 600 East North. Approve with the following conditions: • There will be no one under the age of 21 years old permitted after 10:00pm • If present, graffiti must be removed from exterior of establishment within 72 unless employed by establishment (No Co- mingling of Patrons) hours • Exterior of premise must be cleaned and free of debris by 7:OOam each morning this shah include removal of trash from any receptacles in front or adjacent to property • There shah be no plastic banners and /or non permanent signage displayed between the hours of 7:OOam - 9:OOpm daily • There shall be no outdoor music allowed Restaurant Dance Conditions 1. Valid exclusively for the primary use of and the day to day operations of this Business /Owner as so indicated on this License. This license is personal and cannot be directly or indirectly transferred or assigned. 2. NOT valid to lease, rent or otherwise allow any third party that is not the owner /licensee of the establishment, whether or not a fee is charged; to hold and/or conduct any "Public Dance" or similar "Special Event' at this establishment. 3. Not valid for use in conjunction with any "co- mingling event" whereby patrons of a legal drinking age and patrons not of a legal drinking age as so prescribed by the laws of New York State are attending and /or otherwise "co- mingling" at any single event occurring at this establishment. PASSED WITH CONDITIONS AYES - 9 NOES -0 NO. 108 SIDEWALK CAFE LICENSE - 79 CHIPPEWA WEST (ITEM NO. 26, C.C.P., FEB. 19, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 109 SIDEWALK CAFE LICENSE — 3112 MAIN STREET (ITEM NO. 26, C.C.P., FEB. 19, 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 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to a "mere license" to Wayne & Warbucks Corp. /Danny Greason d /b /a Havana House Restaurant located at 3112 Main Street, to install a similar 12' x 8' sidewalk caf6, which would' encroach city right -of -way at said address, subject to the conditions as, requested by the Commissioner. PASSED AYES - 9 NOES -0 NO. 110 J. BOOTH - BICYCLE PEDESTRIAN ADVISORY BOARD - COMPLETE STREETS POLICY CCP #41,2/19 Mr. Golombek moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 111 H. SANDERS, OWNER, USE 15 HORTON, FOR A HSF (DEL)(NO PUB HRG) CCP #49,2/19 That the above item be the same and hereby is Received and Filed. ADOPTED NO. 112 ORDINANCE AMENDMENT - CHAPTER 263 - LANDFILLS, TRANSFER STATIONS AND GRADING (ITEM NO. 98, C.C.P., FEB. 19, 2008) That after the hearing before the Committee on Legislation on February 26, 2008, the Ordinance Amendment as contained in Item No. 98, C.C.P., February 19, 2008, be and the same hereby is approved. PASSED AYES - 9 NOES -0 NO. 113 BICYCLE /PEDESTRIAN ADVISORY BOARD- APPOINTMENT OF PAUL CRAPSI (ITEM NO. 122, C.C.P., FEB. 19, 2008) That the appointment of Paul Crapsi to the Bicycle /Pedestrian Advisory Board is hereby approved on the condition that he does not owe any outstanding liens to the City of Buffalo. PASSED AYES - 9 NOES -0 NO. 114 FOOD STORE LICENSE -845 JEFFERSON (ITEM NO. 28, C.C.P., FEB. 5, 2008) (ITEM NO. 73, C.C.P., FEB. 19, 2008) That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Muthana Salem located at 845 Jefferson (Big Basha Market). PASSED AYES - 9 NOES — 0 NO. 115 RESTAURANT DANCE LICENSE —2897 BAILEY (ITEM NO. 29, C.C.P., FEB. 5, 2008) (ITEM NO. 74, C.C.P., FEB. 19, 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 Economic Development, Permit and Inspections Services Permit be, and he hereby is authorized to renew a Restaurant Dance License Class IV to Hycinth Patterson d /b /a Caribbean Experience located at 2897 Bailey Avenue. PASSED AYES - 9 NOES -0 NO 116 USED CAR LICENSE -1905 GENESEE (ITEM NO. 31, C.C.P., FEB. 5, 2008) (ITEM NO. 76, C.C.P., FEB. 19, 2008) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 117 FOOD STORE LICENSE -2005 GENESEE (ITEM NO. 31, C.C.P., JAN. 22, 2008) (ITEM NO. 78, C.C.P., FEB. 19, 2008) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 118 J. GOLOMBEK -G. HOPKINS -LETTER FROM COLD SPRING TAXI -TAXI RATES CCP #35,11/13 That the above item be the same and hereby is Received and Filed. ADOPTED NO. 119 AMEND ORDINANCE CHAPTER 263 - LICENSES (ITEM NO. 73, C.C.P., NOV. 13,2007) THAT THE ABOVE - MENTIONED ITEM BE AN SECONDHAND DEALER — 819 EAST FERRY (ITEM NO. 62, C.C.P., DEC. 1, 2007) That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & d the same is hereby ADOPTED NO. 120 SECOND HAND DEALER — 819 EAST FERRY (MAS)(EDPI) Inspections Services be, and he hereby is authorized to grant a Secondhand Dealer license to Patrick O'Bryan d /b /a Fred's Small Engine located at 819 East Ferry Avenue. PASSED AYES - 9 NOES -0 SPECIAL COMMITTEES BUDGET COMMITTEE (RICHARD A. FONTANA, CHAIRMAN) NO. 121 2008 CAPITAL BUDGET AND 5 YEAR PLAN (COMPT) CCP#21,12111 That the above item be the same and hereby is Received and Filed. ADOPTED Brain Davis made a motion to revisit Item 112, Seconded by Demone Smith AYES — Davis, Golombek, Russell, Smith 4 NOES — Fontana, Franczyk, Kearns, LoCurto, Rivera 5 NO. 122 INTERNAL CONTROLS FOR SPENDING MONIES ALLOCATED WITHIN THE CITY BUDGET (COMPT) CCP#23,12/11 That the above item be the same and hereby is Received and Filed. ADOPTED NO. 123 First Quarter Gap 2007 - 2008 (A &F) CCP #29,11 /27 That the above item be the same and hereby is Received and Filed. ADOPTED RESOLUTIONS NO. 124 RESOLUTION Sponsor: Mr. Fontana Co- Sponsors: Mr. Golombek, Mr. Kearns, Mr. LoCurto & Mr. Rivera SUPPORTING NATIONAL FUEL GAS DISTRIBUTION CORPORATION'S PROPOSAL TO ADOPT STANDARDS GOVERNING THE DOOR -TO -DOOR SALES OF NATURAL GAS SERVICE BY UNREGULATED ENERGY SERVICE COMPANIES Whereas: National Fuel Gas Distribution Corporation ( "NFGD ") has submitted a filing with the Public Service Commission to amend its tariff for gas service, P.S.C. No. 8 GAS, to establish a requirement that non - regulated Energy Service Companies ("ESCOs' follow a set of standards governing door -to -door sales practices; and Whereas: If adopted by the Public Service Commission, these standards would impose a number of requirements on ESCO's in regard to sales of gas services door -to -door; and Whereas: These standards include: a prohibition on the use of deceptive sales practices by ESCO salespersons; a requirement that ESCO salespersons use clear identification; a prohibition on ESCOs authorizing representatives to make door -to -door sales on their behalf who have been convicted of theft, a violent crime or a physical offense in any jurisdiction; and the requirement that ESCOs allow customers to cancel their ESCO contract without penalty upon receipt of notice at any time prior to customers enrollment date; and Whereas: If adopted by the Public Service Commission, violation of these standards would subject an ESCO to discontinuance procedures available under the Commission's Uniform Business Practices; and Whereas: A number of residents of the City of Buffalo claim to have been victims of the deceptive sales practices of door -to -door ESCO salespersons, the result of which has been their being locked into long -term contracts to purchase service from these ESCOs at a price far in excess of the prevailing market -rate for such services; and Whereas: The standards proposed by N FGS in regards to door -to -door sales of natural gas services by ESCOs do not appear to pose an unreasonable burden on ESCOs and will offer additional protections to purchasers of natural gas service in the City of Buffalo. Now, Therefore Be It Resolved: That the Common Council of the City of Buffalo is on record as supporting National Fuel Gas Supply Corporation's proposal to the Public Service Commission to amend its tariff for gas service, P.S.C. No. 8 GAS, and establish a requirement that non - regulated Energy Service Companies ( "ESCOs" follow a set of standards governing natural gas door -to -door sales practices; and Now, Be it Further Resolved: That the Common Council of the City of Buffalo urges the Public Service Commission to adopt these standards; and Now, Be it Finally Resolved: That the City Clerk is directed to forward a certified copy of this resolution to the Public Service Commission. ADOPTED NO. 125 RESOLUTION By: Mr. Franczyk New York State Affordable Housing Corporation 2007 -2008 Buffalo Block -by -Block Program WHEREAS, the New York State Affordable Housing Corporation seeks to stimulate the development, stabilization and preservation of New York communities. WHEREAS, the New York State Affordable Housing Corporation creates homeownership opportunities for low- and moderate - income families by providing grants to governmental, not - for - profit and charitable organizations to help subsidize the cost of newly constructed houses and the renovation of existing housing; WHEREAS, The New York State Affordable Housing Corporation has made funding available for comprehensive proposals to combat blight in Buffalo neighborhoods; WHEREAS, the New York State Affordable Housing Corporation seeks applications that present comprehensive plans for combating blight on specific blocks in Buffalo's inner city; WHEREAS, The City of Buffalo is committed to making substantial investments in neighborhoods to improve housing stock to improve the quality of life in the City; WHEREAS, The City of Buffalo Office of Strategic Planning and Buffalo Urban Renewal Agency seeks approval to apply for grant funding through the New York State Affordable Housing Corporation to renovate, rehabilitate and rebuild existing housing in the City of Buffalo. 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. 1st RESOLVE REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT ADOPT 2nd RESOLVE NO. 126 REOLUTION MR GOLOMBEK, MR LOCURTO Greater inclusion of Good Neighbor Planning Alliances (GNPA) in the planning process WHEREAS The Good Neighbors Planning Alliance is a grassroots coalition of concerned citizens, interested in taking a proactive approach within their communities to ensure that their neighborhoods are safe, clean, and progressing in a positive way; and WHEREAS The City of Buffalo established GNPAs in the City's Comprehensive Plan to actively plan for a broad range of functions and amenities, including community services, neighborhood shopping, schools, churches, parking, street - lighting, sidewalks, trees, parks, gardens and more; and WHEREAS The Black Rock/Riverside and North Buffalo GNPAs represent two of the most active and successful GNPAs in the City of Buffalo, continuing to provide sound planning for their neighborhoods, which for too long was dictated to them by parties that may have not had a vested interest in their community; and WHEREAS Planning for new development, like the proposed Kohl's on Delaware and Rite Aid on Tonawanda, is a priority for the GNPAs, considering the potential effect such a development may have on a community; and WHEREAS While considering the consequences of a new development, GNPAs are limited to and advisory role in the planning process, a process which will directly effect their communities for years to come; and Now Therefore Be It Resolved The City of Buffalo Common Council continues to be supportive the GNPAs efforts and believes strongly in the neighborhood planning process established in the City of Buffalo Comprehensive Plan. Be It Further Resolved That in order to strengthen this neighborhood planning process, the Common Council would like to re- examine the current planning process to allow for greater and official inclusion of Good Neighbor Planning Alliances' recommendations and comments. Be It Finally Resolved That this item be sent to the City of Buffalo Planning Department for their comments and to the appropriate committee for review. ADOPT 1st RESOLVE 2nd RESOLVE REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT 3rd RESOLVE THE CITY PLANNING BOARD NO. 127 BY MR. KEARNS Increased Appropriation AIM Capital Projects That, Pursuant to §20 -11 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in Capital Projects for the current fiscal year, be and the same hereby is increased in the sum of $300,000. The increased appropriation will be met from AIM money. That, the Comptroller be and hereby is authorized and directed to increase the revenue estimate for account: From: 10700010 - 335009 NYS Aid Incentive to Municipalities (AIM) $300,000 TO: 17220007 - 470002 Capital Project Planning $300,000 FROM: 17220007 - 470002 Capital Project Planning $300,000 TO: To meet the increased appropriation as set forth below: 30310306 - 445100 City Wide Infrastructure Repair /Replacement $300,000 PASSED AYES — 9 NOES — 0 No. 128 Increased Appropriation AIM Fire & Fringe Benefits That, Pursuant to §20 -11 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments - Fire & Fringe Benefit accounts, be and the same are hereby increased in the sum of $3,635,551. FROM: That the comptroller be and hereby is authorized and directed to transfer the sum of $3,635,551 from the account titled NYS Aid Incentive to Municipalities to meet this increased appropriation as set forth below: 10700010 - 335009 NYS Aid Incentive to Municipalities (AIM) $3,635,551 TO: 12132001-411001 Salary $1,947,684 1 21 32001 - 41 3001 Overtime $ 554,740 1 21 32001 - 41 3002 Holiday $ 61,484 12132001 - 413005 Court $ 1,388 1 21 32001 - 41 3003 Acting $ 14,067 12139001-411002 Duty Disability $ 216,830 173 1001 - 411002 Duty Disability $ 144,504 17302002 - 422000 FICA $ 213,909 17303002 - 423002 PFRS Pension $ 480,945 Total $3,635,551 PASSED AYES - 9 NOES -0 NO. 129 BY: MR. KEARNS TRANSFER OF FUNDS Urban Affairs FIRE DEPARTMENT 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 $11,000 be and the same is hereby transferred to the Fire Department and said sum is hereby reappropriated as set forth below: From: Urban Affairs 11159006 - 480000 Other Services $11,000 To: Fire Department - Firefighting Prevention and Inspection 12133005 - 467000 Miscellaneous Supplies $11,000 PASSED AYES — 9 NOES — 0 NO. 130 By: M. LoCurto RESOLUTION HOME RULE MESSAGE SENATE BILL #6249 -A, ASSEMBLY BILL #9161 -A "An act to allow William P. Grillo to file a request for Tier II status in the New York State and Local Employees' retirement system with the State Comptroller ". Whereas: A Bill has been introduced in the New York Senate #6249 -A, Assembly Bill #9151 -A to allow William P. Grillo to file a request for Tier II status in the New York State and Local Employees' Retirement System with the State Comptroller; and Whereas: Mr Grillo's employment with the City of Buffalo began on April 3, 1975 and for reasons unknown Mr. Grille was not offered membership in the New York State and Local Employees' Retirement System upon his initial employment in 1975; and Whereas: Passage of this bill will allow Mr. Grille upon written request to the State Comptroller to be reclassified as a Tier II member of the New York State and Local Employees' Retirement System, all the costs associated with the enactment of this legislation will be assumed by the City of Buffalo; and Now Therefore Be It Resolved: That the Common Council of the City of Buffalo hereby goes on record in support of Senate Bill #6249 -A, Assembly Bill # 9151 -A; and Be It Further Resolved That: The City Clerk is hereby authorized and directed to forward Certified copies of this resolution to the Home Rule Counsel of the Senate and the Assembly; Assembly Speaker Sheldon Silver; Senate Majority Leader Joseph Bruno, and to members of the Western New York State Legislative delegation ADOPTED No. 131 By: M. LoCurto Parking Reg — Lafayette Pres Church — 692 Lafayette Ave WHEREAS Lafayette Presbyterian Church is an asset to the community and hosts many non - profit events, including Boy Scouts of America, Right Place for Kids, Alcoholics Anonymous, Narcotics Anonymous, The Larkin Center Por Adult Education, and Loaves and Fishes; and WHEREAS Parking on Elmwood Avenue adjacent to the Church, between Lafayette Avenue and Saint James Place, is currently not metered and limited to a two -hour maximum; and WHEREAS Many of the programs offered by the Church extend beyond two hours, making it difficult for those enrolled in such programs to utilize this parking area Now, Therefore, Be It Resolved: The Common Council supports the non - profit activities and community events hosted by the Lafayette Presbyterian Church, which enrich the City of Buffalo's quality of life. Be it Finally Resolved: The Law Department of the City of Buffalo changes the parking regulations on the east side of Elmwood Avenue between Lafayette Avenue and Saint James Place from a limit of two hours to a limit of three hours. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DEPARTMENT OF PUBLIC WORKS NO. 132 Ms RUSSELL SALARY ORDINANCE AMENDMENT 21 - FIRE DEPARTMENT The Common Council of the City of Buffalo does ordain as follows: That Section I of Chapter 35 of the Code of the City of Buffalo, relating to the Fire Department under the various subheadings relating to positions listed is hereby amended as follows: Note: Old salaries are in brackets This ordinance shall take effect as per the respective date on the attached schedule. This ordinance shall be effective 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, Michael Lombardo, Commissioner of Fire, Andrew A. San Filippo, Comptroller 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. Furthermore, 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. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW PASSED AYES — 9 NOES — 0 NO. 133 RUSSELL SALARY AND WAGE SCHEDULE "D" July 1, 2007 - June 30, 2008 The Common Council of the City of Buffalo does ordain as follows: That pat— of Subdivision (A) of § 35 -9 of Chapter 35 of the Code of the City of Buffalo, relating to Salary and Wage Schedule "D ", Local 282, is hereby amended to read as follows: This ordinance shall take effect as per the respective date on the attached schedule. See attached Schedule "D" APPROVED AS TO FORM COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW PASSED AYES - 9 NOES -0 NO. 134 Resolution Mr. Smith Ordinance Amendment - Delicatessen Licensing WHEREAS The business practices of certain delicatessens, located in City of Buffalo Neighborhoods, continues to raise concerns: and WHEREAS Some delicatessens do not follow City ordinances and participate in illegal Activity and are sites of nefarious activity; and WHEREAS These concerns include questions surrounding the adherence of delicatessens to relevant health code requirements; and WHEREAS Under current procedures, the renewal of licenses for delicatessens does not require the oversight of an elected body and are automatically renewed for existing license holders; and WHEREAS In order to address the continued complaints against some establishments, it is important to allow some type review of existing delicatessen licenses; and Whereas: Approximately 500 delicatessen licenses are scheduled to be approved in April; and Now, Therefore Be It Resolved: That this Common Council requests that the Corporation Counsel draft an ordinance amendment allowing for Common Council approval of renewal of license applications for delicatessens; and Be It Further Resolved: That this Common Counsel requests the creation a mechanism where citizen complaints, police reports and inspection citations disallow the automatic renewal of a delicatessen license That this Common Council requests the reactivation of the Deli Task departments involved with the re- licensing of Deli stores at the next Legislation meeting of the Common Council on March 10 REFERRED TO THE COMMITTEE ON LEGISLATION. No. 135 By Mr. Smith Felicitations /In Memoriam Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Lorraine E Mansouri By Councilmember Richard A Fontana Felicitation for NYS Association & Barbados Improved Benevolent and Protective Order of Elks of the World By Councilmember Council President David A Franczyk ADOPTED No. 136 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tues March 11, 2008 at 9:45 AM Committee on Finance Tues March 11, 2008 at 10:00 AM following Civil Service Committee on Comm. Dev. Tues March 11, 2008 at 1:00 PM Committee on Legislation Tues March 11, 2008 at 2:00 PM Special Committees (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware: therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. No. 137 Adjournment On a motion by Mr. Davis, Seconded by Mr. Kearns, the Council adjourned at 3:05 PM GERALD CHWALINSKI CITY CLERK