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08-0401-03PP-0326SS
No. 7 PROCEEDINGS OF THE CITY OF BUFFALO April 1, 2008 PENSION PROCEEDINGS MARCH 20, 2008 SPECIAL SESSION MARCH 26, 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. Members RULES COMMITTEE: David A. Franczyk, Chairman, Michael P. Kearns, Richard A. Fontana - 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 INVOCATION PLEDGE TO FLAG DATE APRIL 1, 2008 MAYOR 1. Resp - Camporee 2008 Waiver of Curfew in Delaware Park LEG 2. Appt Exam. Bd of Electricians (Sciandra) LEG,COLL MAYOR - EXECUTIVE 3. Plan Bd- Negative Declaration -2044 Bailey Ave(Lov) R &F 4. Plan Bd- Negative Declaration -812 Forest Ave(AKA 4 Rumsey Rd)(Del) R &F 5. Strat Plan -HOME Mixed Use Project, 1542 Main St. PILOT(Del) FIN 6. Strat Plan -Lease 777 Seneca St.(Fill) FIN 7. Strat Plan- Rescind Sale and Return Deposit 1756 Genesee(Lov) FIN 8. Strat Plan- Report of Auction 9/22/07 -771 Fillmore(Fill) FIN 9. Strat Plan- Report of Auction - 9/22/07 -105 Landon(Ell) FIN 10. Strat Plan- Report of Auction - 9/22/07 -147 Woodlawn(Mas) APP COMPTROLLER 11- 10A Cert of Nec Capital Outlay R &F 12- 10B Cert of Nec Fire R &F PUBLIC WORKS 13- 11. J. Booth - Bicycle Pedestrian Advisory Bd Complete Streets Policy CD 14- 12. Camporee 2008 Waiver of Curfew in Delaware Park LEG 15- 13. Reduction in Retention Contract - Energy Performance Traffic Signals FIN 16- 14. Report of Bids - Athletic Field Sprinklers(EII,Mas, South, Fill) FIN 17- 15. Report of Bids - Stachowski Park Shelter Picnic Table Replacement(Lov) APP 18- 16. Appt Heavy Equipment Operator, (Temp), (Inter)(Feldmann) CS 19- 17. Appt Equipment Operator, (Temp), (Max), (Pinelli) CS POLICE 20- 18. Change Order - Citywide Surveillance Camera Project APP 21- 19. Speeding Issues and Irresponsible Drivers - Marine Dr & Erie St CD 22- 20. Appt Police Captain, (Perm)(Prom)(Richards) CS CORPORATION COUNSEL 23- 21. Municipal Code Violations Report FIN 24- 21A Claims Committee Agenda CLAIMS PERMITS AND INSPECTIONS 25- 22. Food Store License -2483 Bailey (Lov) LEG 26- 23. Food Store License -825 Broadway(Fill) LEG 27- 24. Food Store License - 117 -119 Colvin (Del) LEG 28- 25. Food Store License -529 Dodge(Ell) LEG 29- 26. Food Store License -115 Englewood(Univ) LEG 30- 27. Food Store License -398 Grant(Nia) LEG 31- 28. Food Store License -1212 Hertel (Del) APP 32- 29. Food Store License -1074 Kensington (Univ) LEG 33- 30. Food Store License -1421 Main(Masten) LEG 34- 31. Food Store License -211 Niagara (Ell) APP 35- 32. Restaurant Dance License(Renewal) 248 Allen (Ell) APP 36- 33. Restaurant Dance License(Renewal) 533 Amherst St(Univ) APP 37- 34. Restaurant Dance License(Renewal) 236 Delaware (Ell) APP W /COND 38- 35. Restaurant Dance License(Renewal)532 Main (Ell) APP 39- 36. Restaurant Dance License(Renewal)681 Main (Ell) APP ADMINISTRATION AND FINANCE 40- 37. Purchase of Vehicle APP W /COND CITY CLERK 41- 38. Liquor License Applications R &F 42- 39. Leaves of Absence R &F 43- 40. Reports of Attendance R &F 44- 41. Notices of Appointment - Seasonal R &F 45- 42. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 46- 43. B Davis -HR Req. on Vehicle and Traffic Law Amendments LEG 47- 44. B. Davis - Parking Lot 175 S. Division CD 48- 45. B. Davis - Willert Park Village Comm Assoc - Opposition to 108 Sycamore Project CD 49- 46. S. Doleski- NYSDEC- Dismantling Barge Lansdowne -South End Marina Bflo Harbor COB WATERFRONT 50- 47. GBNRTC- Notice of Meeting R &F 51- 48. J. Golombek- Elmwood Village -Info Re Their Design Standards in The Charter LEG,CC,CPBD 52- 49. J. Hornung Sr, C. Collins - Support Camporee 08 Waiver of Curfew in Del. Pk. LEG 53- 49A M. Kearns -Basil Group -Req Removal of Easement -1180 Abbott Rd -Req LEG 54- 49B M. Kearns- NYSD OT- Buffalo Skyway Mngt Study W /FRONT 55- 49C M. Kearns -Time Warner Cable Bill LEG 56- 50. Olmstead Park - Volunteers Needed for Tree Planting CD 57- 51. C. Paladino -ECC- Parking Lot 175 S. Division CD 58- 52. M. Rodgers- Concerns Neighborhood Delis LEG 59- 53. B. Russell -Req Meeting With COB and Univ Heights CC Reg. Crime Prev CD PETITIONS 60- 54. K. Zhang, Owner, Use 752 Elmwood, Re- establish Use of Outdoor Cafe (Hrg 4/8/08)(Del) LEG, CPBD RESOLUTIONS 112- 55. Davis LL Intro # 1 2008 - Amending the Charter in Regards to the Budget 120- 58A Smith Moratorium on Deli License Renewals APP 121- 58B Smith Ordinance Amend - Chapter 194, Food Stores LEG 122- 59. Smith Comm of Deeds ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS Fund Balance Policy LEG 113- 55A Davis Req St Closing -W. Chippewa Btwn Del & Elm ADOPT 114- 56. Davis Perm to Hang Banners on Washington St & Pearl St ADOPT 115- 57. Davis Perm to Hang Banner Across Delaware- Trinity Episcopal Church ADOPT 116- 57AA Kearns Transfer in Funds Capital Projects APP 117- 57AB Kearns Transfer in Funds Fire APP 118- 57A Russell Budget and Personnel Amendment Legislative APP 119- 58. Russell Req Pres. of SUNY to Meet With COB & Unv Height CC Reg Safety 4. Com 52 Mar 4 Concerns ADOPT 120- 58A Smith Moratorium on Deli License Renewals APP 121- 58B Smith Ordinance Amend - Chapter 194, Food Stores LEG 122- 59. Smith Comm of Deeds ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 61- 1. Com 25 Mar 18 Appt Teller (Prov)(Sokolowski)(A &F) APP 62- 2. Com 34 Mar 18 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F 63- 3. Com 31 Mar 4 Appt Chief Economic Development Officer (Exempt)(Reilly)(Strat Plan) R &F 64- 4. Com 52 Mar 4 Specs for Coor of Anti Graffiti & Clean City Prog, Dir of Gov Res And Analysis and Chief Eco Devel Officer (HR) R &F FINANCE 65- 5. Com 3 Mar 18 Response to Lease Agreement 326 -328 High (EII)(Strat Plan) R &F 66- 6. Com 26 Mar 18 Addendum to Contract for Police Promotional Examinations(HR) APP 67- 7. Com 30 Mar 18 Van Purchase (Comm Svs) APP 68- 8. Com 16 Mar 4 Response -Real Estate Auction 9/22/07 (Strat Plan) R &F 69- 9. Com 53 Mar 4 Comprehensive Annual Financial Report Year End 6/30/2007(BSA) R &F 70- 10. No 61 Mar 4 T. Herrera - Mishler- Return Ice Skating to Hoyt Lake R &F 71-11. Com 12 Feb 19 Perm Enter into Agmt -for the Bflo Niagara Medical Campus(EII)(PW) APP 72- 12. Com 13 Feb 19 Perm Enter into Agmts for Design of 700 Block Main St (EII)(PW) APP 73- 13. Com 15 Feb 19 Report of Bids - Streetlight Standard Repair(PW) APP 74- 14. Com 16 Feb 19 Drug Asset Forfeiture Wire Transfers(PW) R &F 75- 15. No 43 Feb 19 J. Hornung- Response Returning Ice Skating to Hoyt Lake R &F 76- 16. No 46 Feb 19 S. Meadows -FOIL Request COB Water Dept & American Anglian R &F 77- 17. Res 119 Feb 19 Reconsideration of Timw Warner Cable's Policy Re Cost of Taping Parade R &F 78- 18. No 42 Feb 5 B. Davis - Seneca One Parking Ramp 177 Washington St R &F 79- 19. Res 104 Oct 2 Return Ice Skating to Hoyt Lake R &F 80- 20. Com 24 Apr 5 SEAR- for JN Adam Property (CC) R &F COMMUNITY DEVELOPMENT 81- 21. Com 2 Mar 18 Negative Declaration -108 Sycamore St (EII)(Plan Bd) R &F 82- 22. No 44 Jan 22 B. Davis -P. Tantilo -41 Court St Empire Zone Request R &F 83- 23. No 51 Feb 5 B. Davis -C. Brown & O -Sale of 390 Hudson St to Mr. Howarth Colon(Ell) R &F 84- 24. Com 30 Feb 19 Yr 33 Comm Dev Quarterly Reports(May 2, 07 to July31,07)(CommServ) R &F 85- 25. Com 31 Feb 19 Yr 33 Comm Dev Quarterly Reports (Aug 1, 07 to Oct 31, 07)(CommServ) R &F 86- 26. Com 30 Mar 4 SEQR Lead Agency Designation 108 Sycamore St (EII)(Strat Plan) R &F LEGISLATION 87- 27. No 47 Mar 18 D. Cooper, Agent, Use 427 Elmwood to Reestablish Use of a Sidewalk Cafe (hrg 3 /25)(Niag) APP 88- 28. Com 23 Mar 18 Seneca One Parking Ramp 177 Washington (EII)(EDPI) R &F 89- 29. Res89 Marl Ordinance Amendment - Chapter 194 Food Stores RECOMMIT 90- 30. Com 39 Mar 4 Statue & Flagpole Within City ROW(401 Franklln)(Ell)(PW) APP 91- 31. No 49 Jan 22 T. Green, Agent, Use 30 Wyoming for A HSF(Mas) R &F 92- 32. No 24 Jan 8 C. Hasselback, Agent, Use 1440 Kensington for A Pole Sign (Univ) (No Pub Hrg)Pole Sign to be 14 Ft overall Height & Landscaping at Base of Sign APP W /COND 93- 33. No 34 Nov 13 R. Fontana -J. Marsherall -City Apprentice Program Legislation R &F 94- 34. Com 20 Feb 19 Food Store License -1021 Ferry East (Fill)(PW) APP 95- 35. Com 39 Oct 2 Food Store License -318 Hampshire (Nia)(EDPI) APP 96- 36. Res 118 Oct 16 Request for Public Hearing on the COB Police Dept. Policy, Procedures & Citizen's Complaints(Exc. 2 nd and 3 rd Res.) R &F 97- 37. Res 117 May 2 Council Oversight on Contracts (Exc. 1 sc Res.) R &F SPECIAL COMMITTEES WATERFRONT DEVELOPMENT 98- 38. No 63 Mar 4 M. Kearns -D. Wahl- Letter of Support- Boulevard Alternative R &F 99- 39. No 68 Mar 4 A. Taylor- NYSD OT- Designation of Restricted Highway R &F 100 -40. No 88 Feb 19 M. Kearns - Article- Transportation to Improve Community Articles( #46,2/5) R &F 101 -41. No 46 Nov 27 M. Kearns - Buffalo News Article FEMA's Reclassification of City Zones R &F 102 -42. No 70 Nov 27 M. Kearns -Flood Insurance Report R &F 103 -43. No 68 Oct 30 J. Golombek -Local Waterfront Revital. Program ( #57,5/1) R &F 104 -44. No 58 Nov 13 M. Kearns- NYSD OT- Bflo Outer Harbor Access Fuhrman Blvd Project(# 44,10/30) R &F 105 -45. No 41 Nov 13 M. Kearns - Letter to Gov Spitzer Regarding Southtowns Connector Project R &F 106 -46. No 52 Oct 16 M. Kearns -A. Glynn - Southtowns Connector Phase I R &F 107 -47. No 53 Oct 16 M. Kearns - Letter to Gov Spitzer Re NYSDOT Southtowns Connector Proj R &F 108 -48. No 79 July 25 M. Kearns -P. Herbert - Buffalo River Improvement R &F 109 -49. No 52 Sept 5 M. Kearns -P. Herbert - Buffalo River Improvement (ECPI) R &F 110 -50. No 57 Nov 13 D. Franczyk -C. Shumer- Concerns FEMA's Revised Flood Plain Map(# 41,10/30) R &F 111 -51. No 48 June 27 B. Higgins -Req for Flood Insurance Rate Map Changes at Bflo NY R &F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, APRIL1, 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 March 18, 2008 were approved. FROM THE MAYOR NO. 1 RESPONSE TO #86 C.C.P. MARCH 18, 2008 CAMPOREE 2008 WAIVER OF CURFEW IN DELAWARE PARK ITEM NO. 86, C.C.P. 3/18/08) Please be advised in response to Camporee 2008 Waiver of Curfew in Delaware Park ( #86 C.C.P. March 18, 2008), 1 have requested that the applicant complete and submit a 2008 Special Events Application to my office for review. This should allow me and the Special Events Committee to address any concerns prior to the waiver of curfew being voted on. I request that you allow this time to ensure the safety and well being of event participants and neighboring residents. REFERRED TO THE COMMITTEE ON LEGISLATION, NO. 2 APPOINTMENT - EXAMINING BOARD OF ELECTRICIANS Pursuant to Part 11, Chapter 165, Article 1, Section 3 of the Code of the City of Buffalo, I hereby appoint Salvatore Sciandra, 49 Glendale Drive, Tonawanda, New York 14150 as a member of the Examining Board of Electricians for a 3 -year term commencing immediately and expiring February 28, 2011. Mr. Sciandra has been employed by Frey Electric Construction since 2000. Mr. Sciandra has had many years of experience as an electrician and is licensed as a Master Electrician in the City of Buffalo. I hereby certify that Salvatore Sciandra is fully qualified to serve as a member of the Examining Board of Electricians. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DIVISION OF COLLECTIONS FROM THE CITY PLANNING BOARD NO. 3 LEAD AGENCY: SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. City of Buffalo Planning Board Room g01, 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 Bailey Genesee City of Buffalo Fire Station Location 2044 Bailey Avenue Type of Action Unlisted- Coordinated Description: Chaintreuil, Jenson, Stark on behalf of the City of Buffalo Fire Department and Public Works Department is proposing the construction of a new Fire Station located on the property at 2044 Bailey Avenue, Buffalo New York. The project will consist of the new construction of a 15,000 square foot facility, with a three bay garage and sleeping and living quarters for the firemen. The site is approximately 1.08 acres and is located between Bailey Ave and Burgard place. The new building will be located at the north end of the site. Access to two of the three bays will be from Bailey Avenue, the third truck bay will be accessible from both Bailey Ave and Burgard Place. Off street parking for 24 vehicles will be provided towards the south end of the project site. A diesel filling station for the fire trucks, as well as those additional traffic signals for traffic control during emergency exiting of the fire vehicles. The estimated cost of this project will be approximately 3,4 million dollars. As a result of the 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 take a long vacant parcel of land (former school site) and create a facility for use by the Buffalo Fire Department to provide more efficient emergency and fire protection to the surrounding neighborhood. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 RECEIVED AND FILED NO.4 SEQRA NOTICE OF DETERMINATION NON - SIGNIFICANCE NEGATIVE DECLARATION This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title New Home, Seller Residence Location 812 Forest Avenue (AKA 4 Rumsey Road Type of Action Unlisted Uncoordinated Description: John M. Laping, FAIA representing the Seller Family is proposing the construction of a single family home located on the property at 812 Forest Avenue (AKA 4 Rumsey Road) Buffalo New York. The proposed house is located in a R -1 district on a 6,285 square foot lot. The house will have the appearance of a one story home along Forest Avenue, but will have a second floor on the north side. The living, dining and kitchen spaces, a small study and attached garage occupy the first floor. There are two bedrooms and another study on the second floor. The house first floor is 2 085 square feet including the attached garage" the second floor is 1,247 square feet. The first floor will be constructed of brick and clapboard siding with stone accents. The roof will consists of asphalt shingles with the windows being wood framed. A full landscaping plan and planting schedule has been submitted showing over 49% of the lot being landscaped. 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 reasons for this decision are as follows: this project will allow for the construction of a new single family home on a currently vacant lot in a upscale community in the City of Buffalo. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 Dated: March 25. 2008 RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 5 HOME MIXED USE PROJECT 1542 MAIN ST PILOT Your Honorable Body is hereby requested to approve the attached PILOT agreement between the City of Buffalo, the County of Erie and Housing Opportunities Made Equal (HOME). This Project known as the HOME Mixed Use Project. Housing Opportunities Made Equal ( "HOME ") is planning to purchase and rehabilitate the two buildings at 1542 Main Street (northwest corner of Main and Ferry) in the City of Buffalo. The proposed project will consist of the rehabilitation of the two vacant buildings (one historically significant) into office space for HOME on the first floor and ten (i0) apartments on the two floors above. There will be six (6) one bedroom apartments and four (4) two bedroom apartments. All of the units will be affordable for households with incomes at or below fifty percent (50 %) of the area median income. The total development cost is projected to be around two million, three hundred thirty -one thousand, four hundred and forty -eight dollars ($2,331,448.00). The Project will help meet the demand for affordable housing in the City of Buffalo, rehabilitate a very visible Main Street building and provide a permanent location for the City of Buffalo's only comprehensive fair housing agency. 100% of the units will be made available as affordable housing, insuring affordability to individuals who earn no more than 50% 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 three percent (3 %) of the total income of proposed budget, assuming a five percent (5 %) vacancy. Payments will increase by three percent per year for the duration of the 15 -year Pilot. REFERRED TO THE COMMITTEE ON FINANCE, NO. 6 LEASE 777 SENECA STREET LOT SIZE: 30 X IRREGULAR (TRIANGULAR) SQUARE FOOTAGE: 1,889 ASSESSED VALUE: $500 FILLMORE DISTRICT The Office of Strategic Planning, Division of Real Estate, has received a request from Cammille L. Kantowski of Hunt Real Estate representing City View Properties, 726 Exchange Street, Suite 600, Buffalo, NY 14210 to enter a long -term lease for the City owned property located at 777 Seneca Street. The property located at 777 Seneca Street has a hydraulic drain underground and cannot be sold. City View Properties is developing a new single story building on the site bordered by Hydraulic Street to the west, Seneca Street to the north, Carroll Street to the south and Griffin Street to the east. As this development constitutes a major improvement to the streetscape of this neighborhood, they would like to incorporate the above referenced property into their plan. They are, therefore, requesting a long -term lease for 777 Seneca Street for the sole purpose of adding and maintaining landscaping. The landscape design will include blooming annuals, ground cover and small bushes. There are no deep rooting trees or shrubs in the design. The Department of Public Works, Parks & Streets and the Land Use Planning Committee were contacted and they have no objections provided the following conditions are met: 1. The lease shall be for a three -year period with an option to renew for two additional three -year periods. 2. The rental fee will be $190.00 annually based upon the property value of $1,900 times an annual rate of return to the City of Buffalo @ 10 %. 3. The rental fee shall increase at a rate of 10% upon each renewal period. 4. Lessee or its Contractor must verify the depth of the hydraulic drain that is located on the property along with other utilities prior to any work improvement at the site. 5. Lessee or its Contractor must contact Underground Facilities Protective Organization prior to any excavation. 6. Access must be given to the City of Buffalo and to all other utility companies that are affected in order to maintain the drain and /or other underground utilities. 7. No permanent structures are to be built on the property. 8. Lessee is to maintain and keep property clean and clear of snow and debris. 9. Lessee will provide to the City of Buffalo required liable insurance type and amount will be determined by the City's Corporation Counsel's Office. 10. Either party may terminate the lease upon a 30 -day notice to the other party. City View Properties has agreed to the above terms and conditions I am recommending that Your Honorable Body approve a lease agreement between the City of Buffalo and City View Properties upon the above terms and conditions. I am further recommending that the Corporation Counsel prepare the necessary lease agreement and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 7 RESCIND SALE AND RETURN DEPOSIT 1756 GENESEE - LOVEJOY DISTRICT ITEM NO. 97, C.C.P. DECEMBER 11, 2007 In the above referenced item Your Honorable Body approved the sale of 1756 Genesee Street to Mr. Timothy Kukulka in the amount of Eight Thousand Six Hundred Dollars ($8,600.00). We received an Eight Hundred Sixty Dollar ($860.00) deposit from Mr. Kukulka as down payment. Prior to closing and transfer of title to the property the Division of Real Estate was advised by the Department of Economic Development, Permit and Inspection Services that the building located at 1750 Genesee Street is to be demolished by Court Order. The building at 1750 Genesee Street shares a common wall and foundation with the building being purchased by Mr. Kukulka at 1756 Genesee. The demolition of 1750 Genesee Street can't be completed without causing irreparable damage to the building at 1756 Genesee Street. We have discussed the above situation with Mr. Kukulka and he has advised that he does not wish to continue with the purchase of the property at 1756 Genesee Street. I am recommending that Your Honorable Body rescind the sale of 1756 Genesee Street to Mr. Kukulka and that his deposit of Eight Hundred Sixty Dollars ($860.00) be refunded to him. REFERRED TO THE COMMITTEE ON FINANCE NO. 8 REPORT OF AUCTION -SEPTEMBER 22, 2007 771 FILLMORE, 392' N BROADWAY LOT SIZE: 32'X 115' ASSESSED VALUATION: LAND $1,700 TOTAL $20,000 On September 22, 2007, the Office of Strategic Planning, Division of Real Estate, held a public auction to dispose of the above captioned city -owned property. The property is a two story, 2,931 square foot two family home, situated on a lot with a frontage of 32 feet and a depth of 115 feet. The property is in fair condition. Auctions International received a high bid of One Thousand Three Hundred Dollars ($1,300) from Mr. LaRoy Hough. Mr. Hough intends to make repairs in the amount of Six Thousand One Hundred Fifteen Dollars ($6,115) and rent the two family home. Mr. Hough has provided proof of financing in the amount of Forty Thousand Dollars ($40,000) to complete the acquisition and repair of the property. 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 by the purchaser. The Mayor's Anti Flipping Task Force has also been contacted and there are no objections to the sale. Mr. Hough has signed an agreement to purchase the property in the amount of One Thousand Three Hundred Dollars ($1,300) and to commence repair of the property upon the transfer of title and will complete required repairs within one year from the date of title transfer. The deed transferring title to the purchaser will retain a reversionary interest wherein title will revert to the City of Buffalo in the event the purchaser fails to complete required repairs within the time frame specified. The purchaser has also agreed to pay for all closing costs associated with the transfer of title. I am recommending that Your Honorable Body approve the sale of 771 Fillmore Avenue to Mr. LaRoy Hough in the amount of One Thousand Three Hundred Dollars ($1,300) upon the above stated terms and conditions; that the Executive Director, 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. REFERRED TO THE COMMITTEE ON FINANCE NO. 9 REPORT OF AUCTION -SEPTEMBER 22, 2007 105 LANDON, 190' W ROEHRER LOT SIZE: 33'X 110' ASSESSED VALUATION: LAND $1,400 TOTAL $19,600 On September 22, 2007, the Office of Strategic Planning, Division of Real Estate, held a public auction to dispose of the above captioned city -owned property. The property is a two story, 1,908 square foot one family home, situated on a lot with a frontage of 33 feet and a depth of 110 feet. The property is in fair condition. Auctions International received a high bid of Three Hundred Dollars ($300) from Mr. LaRoy Hough. Mr. Hough intends to make repairs in the amount of Four Thousand One Hundred Twenty -Five Dollars ($4,125) and rent the one family home. Mr. Hough has provided proof of financing in the amount of Forty Thousand Dollars ($40,000) to complete the acquisition and repair of the property. 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 by the purchaser. The Mayor's Anti Flipping Task Force has also been contacted and there are no objections to the sale. Mr. Hough has signed an agreement to purchase the property in the amount of Three Hundred Dollars ($300) and to commence repair of the property upon the transfer of title and will complete required repairs within one year from the date of title transfer. The deed transferring title to the purchaser will retain a reversionary interest wherein title will revert to the City of Buffalo in the event the purchaser fails to complete required repairs within the time frame specified. The purchaser has also agreed to pay for all closing costs associated with the transfer of title. I am recommending that Your Honorable Body approve the sale of 105 Landon Street to Mr. LaRoy Hough in the amount of Three Hundred Dollars ($300) upon the above stated terms and conditions; that the Executive Director, 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 REFERRED TO THE COMMITTEE ON FINANCE NO. 10 REPORT OF AUCTION -SEPTEMBER 22, 2007 147 WOODLAWN, 24' E MASTEN LOT SIZE: 76'X 60' ASSESSED VALUATION: LAND $2,300 TOTAL $10,000 On September 22, 2007, the Office of Strategic Planning, Division of Real Estate, held a public auction to dispose of the above captioned city -owned property. The property consists of a two story, 5,720 square foot eight (8) unit apartment building located at 147 Weedlawn. The property is in poor condition. Auctions International received a high bid of Eight Thousand Five Hundred Dollars ($8,500) from Urban Development Partners, LLC., represented by Mr. Trevor Vaughn. Urban Development Partners intends to substantially rehabilitate the interior and exterior of the building. They have provided project cost estimates in the amount of Two Hundred Sixty -Five Thousand Dollars ($265,000). Construction and Permanent Financing for the project will be through The Community Preservation Corporation (CPC). 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 by the purchaser. The Mayor's Anti Flipping Task Force has also been contacted and there are no objections to the sale. Urban Development Partners has signed an agreement to purchase the property in the amount of Eight Thousand Five Hundred Dollars ($8,500) and to commence repair of the property upon the transfer of title and will complete required repairs within one year from the date of title transfer. The deed transferring title to the purchaser will retain a reversionary interest wherein title will revert to the City of Buffalo in the event the purchaser fails to complete required repairs within the time frame specified. The purchaser has also agreed to pay for all closing costs associated with the transfer of title. I am recommending that Your Honorable Body approve the sale of 147 Woodlawn Avenue to Urban Development Partners, LLC. in the amount of Eight Thousand Five Hundred Dollars ($8,500) upon the above stated terms and conditions; that the Executive Director, 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. Mr. Fontana moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated March 25, 2008 be received and filed; and That the offer from Urban Development Partmers, LLC. represented by Mr. Trevor Vaughn, for the sum of eight thousand five hundred dollars ($8,500.00) for the purchase of a two -story, 5,720 square foot, eight (8) unit apartment building located at 147 Woodlawn, 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 in connection with the September 22, 2007 auction. PASSED AYES -9 NOES -0 FROM THE COMPTROLLER NO. 11 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS CAPITAL OUTLAY We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that the sum of $1,750,000 be transferred and reappropriated in Capital Outlay. The details of the requirements are set forth below: From: 17422008 - 487202 Dbt Svc RAN Interest $1,750,000 To; 16550007 - 471010 Land Improvement $1,750,000 Dated: Buffalo, NY, March 25, 2008 RECEIVED AND FILED NO. 12 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS VARIOUS FIRE 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 $2,796,193 be transferred and reappropriated to the Fire Department, as set forth below: From: 17221008 480201 Uncollectible Accounts Receivable $360,642 17301002 421002 Health Care Active Employees $1,435,551 17303002 423001 ERS Pension $1,000,000 TOTAL $2,796,193 To 12131001 411001 Salary $1,947,684 12132001 413001 Overtime $554,740 12132001 413002 Holiday $61,484 12132001 413005 Court $1,388 12132001 413003 Acting $14,067 12139001 412002 Duty Disability $216,830 TOTAL $2,796,193 RECEIVED AND FILED FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 13 J BOOTH - BICYCLE PEDESTRIAN ADVISORY BOARD COMPLETE STREETS POLICY ITEM# 110, CCP 3/4/08 This Department makes every effort to build streets to be as "complete" as possible given our urban environment. A major obstacle which we encounter on many city streets is a limited right of way width. Despite this limitation, approximately 99% of all streets in the City are built with an ample sidewalk area on both sides of the street, which exceeds the City Charter requirement of having sidewalk on only one side of any street. In addition, every street in the City is lit which provides an additional safety measure for all people, whether on foot, bike, car, etc. Some of the street pavements in the City offer sufficient width to accommodate a shared vehicle and bicycle lane, however these cannot be striped. Any effort to increase the number of striped bicycle lanes where pavement width is limited would likely come at the cost of removing on- street parking, which would adversely affect residents, business owners, and patrons of those businesses who may not have off street parking readily available. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 14 CAMPOREE 2008 WAIVER OF CURFEW IN DELAWARE PARK C.C.P. NO. 86; MARCH 18, 2008 Dear Mr. Jaskula: In response to your letter of March 19, 2008 regarding the above mentioned council proceeding, please be advised that the Department of Public Works, Parks and Streets and Olmsted Conservancy have no objections to the proposed council proceeding. If you should have any questions, please contact me at 851 -5636. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 15 REDUCTION IN RETENTION CONTRACT NO. 92010987 ENERGY PERFORMANCE TRAFFIC SIGNALS I hereby submit to Your Honorable Body the following request for a reduction in retention for the subject contract. It is respectfully requested that Your Honorable Body authorize a reduction in retention from the standard 5% to 2% for Wendel Energy Performance Contract No. 92010987 The majority of this project, was completed by June 2007. A 2% retainage on the entire contract is sufficient to ensure that the remaining work is done to the city's satisfaction. REFERRED TO THE COMMITTEE ON FINANCE NO. 16 REPORT OF BIDS ATHLETIC FIELD SPRINKLERS (ELLICOTT, MASTEN, SOUTH, FILLMORE) I advertised on March 5, 2008 and have received the following bids for the Athletic Field Sprinkler Systems contract, which were publicly opened & read on March 26, 2008. General Contractor Base Bid Titan Development, Inc. $786,155.00 8534 Seaman Road Gasport, NY 14067 I hereby certify the foregoing is a true and correct statement of the bids received and that Titan Development, Inc. of Gasport, NY is the lowest responsible bidder in accordance with the plans and specifications. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. The Engineer's estimate for this work was $786,000 and funds for this work will be available in a future Capital Bond Account REFERRED TO THE COMMITTEE ON FINANCE. NO. 17 REPORT OF BIDS [: STACHOWSKI PARK SHELTER [: PICNIC TABLE REPLACEMENT [: (LOVEJOY) I requested and have received the following bids for replacing old picnic tables at a Stachowski Park picnic shelter, bids were received on March 19, 2008. GENERAL CONTRACTOR BASE BID Gleason's Nursery, Inc. $13,766.00 4780 Sheridan Drive Williamsville, NY 14221 Titan Development, Inc. $13,965.00 8534 Seaman Road Gasport, NY 14067 Birch Grove Landscaping $14,470.00 PO Box 117 East Aurora, NY 14052 Miller Enterprises, Inc. $15,700.00 12 Newfield Street Buffalo, NY 14207 Allgaier Construction Corp. $17,200.00 4790 Thompson Road Clarence, NY 14031 1 hereby certify the foregoing is a true and correct statement of the bids received and that Gleason's Nursery, Inc. of Williamsville, NY is the lowest responsible bidder in accordance with the plans and specifications. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. The Engineer's estimate for this work was $15,000 and funds for this work are available in accounts # 34640206 & 36400706. Mr. Fontana moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated March 25, 2008, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the replacement of old picnic tables at a Stachowski Park picnic shelter to Gleason's Nursery, Inc., 4780 Sheridan Drive, Williamsville, New York 14221, the lowest responsible bidder, in the amount of $13,765.00. Funds for the project are available in account Nos. 34640206 & 36400706. PASSED AYES -9 NOES -0 NO. 18 CERTIFICATE OF APPOINTMENT Appointment Effective 3/17/2008 in the Department of Public Works, Division of Streets to the position of Heavy Equipment Operator, Temporary Promotion at the Intermediate Salary of $31,361 Charles Feldmann, 189 S. Legion, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 19 CERTIFICATE OF APPOINTMENT Appointment effective March 17, 2008 in the Department of Public Works, Division of Streets to the position of Equipment Operator, Temporary Promotion at the Maximum Salary of $31,838 Michael Pinelli, 2037 Parker Blvd, Tonawanda, NY 14150 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 20 CHANGE ORDER FOR CONTRACT #93000079 I hereby submit to Your Honorable Body the following changes for the Citywide Surveillance Camera Project, Contract #93000079: Johnson Controls to provide and install twenty five (25) NetSwitcher input licenses at $5,601.00. Johnson Controls to provide and install five (5) Dell Ultrasharp 19" LCD Monitors with Video Quadro video cards and DVI & VGA'Y' cables at $7,127.00. The foregoing changes result in a net increase in the contract of $ 12,728.00 Current contract amount $3,036,215.00 Amount of this change order ( #) $ 12,728.00 Revised contract amount $3,048,943.00 Costs have been reviewed by the Department of Police, Planning and Analysis unit and were found to be fair and equitable. Funds for this work are being provided through State Efficiency Funds in account #24310517 - 474100. If you have any questions or concerns, please contact Inspector Joseph Strano at 851 -4879 or Captain Mark Makowski at 851 -5643. Thank you in advance for your cooperation and expediency in addressing this matter. Mr. Fontana moved That the Commissioner of Police is hereby authorized to execute Change order# to the contract with Johnson Controls as detailed in the above communication in the amount of $12,728.00 for a total amount of $3,048,943.00 to be paid from State Efficiency Funds in account# 24310517 - 474100 PASSED AYES -9 NOES -0 NO. 21 RE: SPEEDING ISSUES AND IRRESPONSIBLE DRIVERS INTERSECTION OF MARINE DRIVE AND ERIE STREET Dear Mr. Chwalinski, Thank you for correspondence concerning the above - referenced safety issue(s). Please be advised that I have directed the Chief of the District, Chief Donna Berry, to take immediate action to address the concerns raised in the citizen complaints that you forwarded to me. Enclosed please find a copy of my correspondence to Chief Berry. Thank you again for bringing this matter to my attention. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 22 CERTIFICATE OF APPOINTMENT Appointment Effective 02/04/08 in the Department of Police Division of Patrol to the Position of Police Captain, Permanent, Promotion, at the Starting Salary of $77,781 Dennis J. Richards, 210 Woodbridge Avenue, Buffalo 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COPORATION COUNSEL NO 23 MUNICIPAL CODE VIOLATION REPORT Your Honorable Body has asked the Bureau of Administrative Adjudication to file a monthly report indicating the total number of violations cited by the violation type for each department, division and /or office charged with issuing violation notices. Attached are the requested reports for violations cited during the months of January and February 2008. As you can see from the attached reports, 487 summonses were issued in January and 376 summonses were issued in February by the various departments. REFERRED TO THE COMMITTEE ON FINANCE NO. 24 CLAIMS COMMITTEE MEETING WEDNESDAY, APRIL 9, 2008 HON. DAVID A. RIVERA, CHAIRPERSON AGENDA PERSONAL INJURY A. 1. Kenneth D. LaDue $18,000.00 A. 2. Willis Griffin $ 8,500.00 A. 3. Raymond Burke $ 2,500.00 A. 4. Sarah Cahill $ 2,500.00 A. 5. Joanne Cummings $ 5,000.00 A. 6. Ethel Dennis $10,000.00 A. 7. Stacey Moss -Huber $ 3,500.00 A. 8. Carol Kimmerle $40,000.00 A. 9. Marsha Huard $ 2,000.00 A. 10. Mary C. Waterman $ 5,000.00 Property Damage B. 1. Marcene Ashwood $ 1,000.00 B. 2. Kevin Barberg $ 1,421.17 B. 3. Daniel Bohen $ 1,347.00 B. 4. Carlos Costner $ 419.81 B. 5. Barbara Dixon $ 5,000.00 B. 6. Justine Dixon $ 200.94 B. 7. Lawrence Fronczak $ 213.57 B. 8. Gateway Wholesale Inc. $ 150.00 B. 9. Stephen Golonka $ 1,592.00 B. 10. H &G Used Cars Inc. $ 202.51 B. 11. Lonny Laska $ 898.06 B. 12. Liberty Mutual a /s /o John Adler $ 3,567.18 B. 13. Antonietta Lobuzetta $ 16.37 B. 14. Timothy Maloney $ 3,750.00 B. 15. Evonne Martin $ 454.27 B. 16. Lynne McNamara $ 170.63 B. 17. Michael Muscarella $ 956.54 B. 18. Kimberly Ralph $ 2,226.13 B. 19. Leroy Riley $ 270.00 B. 20. Security Mutual a /s /o Raymond Nichols $ 4,614.05 B. 21. Janet Strachan $ 56.09 B. 22. Jesse Tharp $ 1,465.30 B. 23. Travelers Ins. A /s /o William Siperek $ 3,974.24 B. 24. Jennifer Westerholt $ 46.79 B. 25. Alison Wilson $ 1,370.39 B. 26. Luethel Wilson $ 1,394.30 B. 27. Charlene Yockey $ 50.00 Miscellaneous Reimbursement C. 1. Howard Beavers $ 3,179.00 C. 2. Marilyn Calhoun -Allen $ 2.50 C. 3. Yvonne Chimera $ 12.00 C. 4. Diane Curthoys $ 18.00 C. 5. Michael Donnelly $ 435.00 C. 6. General Auto Sales & Service $ 2,960.00 C. 7. Sharon Lindsay $ 20.00 C. 8. Jean Pytlik $ 49.27 C. 9. Srdjan Sikirica $ 425.00 C. 10. Deborah Skulski $ 25.00 C. 11. Stephen Stevenson $ 15.00 C. 12. Alonzo Williams $ 59.49 Miscellaneous Invoices D. 1. Buffalo Police Athletic League $60,934.83 D. 2. Buffalo Printers Supply Inc. $ 205.67 D. 3. DC Outdoor Services $ 6,007.95 D. 4. Healthworks- WNY,LLP $ 1,330.00 D. 5. North Eastern Uniforms & Equipment $ 445.95 D. 6. Parkside Press $ 64.00 D. 7. Secord & Secord $ 956.25 D. 8. Southern Electric Supply $ 314.50 D. 9. Tape Services Inc $ 8,639.75 D. 10. Upper NYS Environmental Education $51,789.00 D. 11. Utility Accounts $15,972.00 Report to the Claims Committee E. 1. Philip Ramunno $ 184.74 REFERRED TO THE COMMITTEE ON CLAIMS FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 25 FOOD STORE LICENSE 2483 BAILEY (LOVEJOY) 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 2483 Bailey (NYC 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. 26 FOOD STORE LICENSE 825 BROADWAY (FILLMORE) 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 825 Broadway (Lucky Town) 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. 27 FOOD STORE LICENSE 117 -119 COLVIN (DELAWARE) 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 117 -119 Colvin (Citgo) 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. 28 FOOD STORE LICENSE 529 DODGE (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 529 Dodge (Dodge Express Mart) 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. 29 FOOD STORE LICENSE 115 ENGLEWOOD (UNIVERSITY) 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 115 Englewood (New Englewood Groceries) 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. 30 FOOD STORE LICENSE 398 GRANT (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 398 Grant (Nasri Halal 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. 31 FOOD STORE LICENSE 1212 HERTEL (DEL) 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 1212 Hertel (Caruso Imports) 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 taws. 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 March 19, 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 Vincenzo Caruso for Caruso Imports, located at 1212 Hertel Avenue. PASSED AYES -9 NOES -0 NO. 32 FOOD STORE LICENSE 1074 KENSINGTON (UNIVERSITY) 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 1074 Kensington (Lucky Fashion) 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. 33 FOOD STORE LICENSE 1421 MAIN (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 1421 Main (Around the Clock Express Mart) 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. 34 FOOD STORE LICENSE 211 NIAGARA (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 211 Niagara (Food Mart) 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 Commissioner of the Department of Economic Development, Permits and Inspections Services, dated March 27, 2008 be received and filed, That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit & Inspections Services be, and he hereby is authorized to grant a Food Store License to Yonnas Ghirmatzion (Food Mart), located at 211 Niagara. PASSED AYES -9 NOES -0 NO. 35 RESTAURANT DANCE LICENSE (RENEWAL) 248 ALLEN (ELLICOTT) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 248 Allen (Nietzsche's) for which said renewal application for a Restaurant Dance Class HI license is being sought by Joseph Rubino 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 March 10, 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 grant a Class III Restaurant Dancing License to Joseph Rubino, Nietzshe's locate 248 Allen Street. 1. That any and all graffiti be removed from the exterior of the building within 72 hours notice thereof 2. That the area immediately in front of the bar /restaurant be free and cleared from all debris by 6:00 each morning. 3. That there be no "co- mingling" between patrons of drinking age and individuals who are not of drinking age, other than certified employees of the establishment PASSED AYES -9 NOES -0 NO. 36 RESTAURANT DANCE LICENSE (RENEWAL) 533 AMHERST ST (UNIVERSITY) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 533 Amherst St (Niagara Frontier Post #1041) for which said renewal application for a Restaurant Dance Class III license is being sought by the Niagara Frontier Post #1041 and according to the attached reports from the Fire Department, Police Department mad 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 Commissioner of Economic Development, Permits and Inspections Services be authorized to renew the Restaurant Dance Class III license located at 533 Amherst St. (Niagara Frontier Post #1041) PASSED AYES - 9 NOES — 0 NO. 37 RESTAURANT DANCE LICENSE (RENEWAL) 236 DELAWARE (ELLICOTT) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 236 Delaware (Quote) for which said renewal application for a Restaurant Dance Class III license is being sought by Daniel Cane and according to the attached reports from the Fire Department, Police Department and Building Inspections, 1 find it complies with all regulations and other applicable taws. 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 March 10, 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 grant a Class III Restaurant Dancing License to Daniel Cane, "Quote" located at 236 Delaware, subject to the following conditions. 1. That any and all graffiti be removed from the exterior of the building within 72 hours of notice thereof 2. That the area immediately in front of the bar /restaurant be free and cleared from all debris by 6:00 a.m. each morning. 3. That there be no "co- mingling" between patrons of drinking age and individuals who are not of drinking age, other than certified employees of the establishment. PASSED AYES -9 NOES -0 NO. 38 RESTAURANT DANCE LICENSE (RENEWAL) 532 MAIN (ELLICOTT) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 532 Main (Hyatt Regency Buffalo) for which said renewal application for a Restaurant Dance Class I & n license is being sought by the Hyatt Regency 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 March 10, 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 grant a Class I and 11 Restaurant Dancing License to Hyatt Regency located at 532 Main Street PASSED AYES -9 NOES -0 NO. 39 RESTAURANT DANCE LICENSE (RENEWAL) 681 MAIN (ELLICOTT) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 681 Main (Town Ballroom) for which said renewal application for a Restaurant Dance Class III license is being sought by Arthur Kwitchoff 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 March 19, 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 grant a Class III Restaurant Dancing License to Arthur Kwitchoff, Town Ballroom located at 681 Main Street, PASSED AYES - 9 NOES — 0 FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO. 40 PURCHASE OF VEHICLE THE DEPARTMENT OF ADMINISTRATION, FINANCE, POLICY, AND URBAN AFFAIRS, DIVISION OF INVENTORY & STORES IS REQUESTING PERMISSION TO PURCHASE A TRUCK AS PER ITS CURRENT CAPITAL OUTLAY BUDGET, THIS TRUCK IS REPLACING A 1983 DODGE PICK UP AND WILL NOT BE A TAKE HOME VEHICLE. Mr. Fontana moved: That the above communication from the Department of Administration, Finance, Policy and Urban Affairs, Director of Purchase dated March 24, 2008, be received and filed; and That the Director of Purchase, be, and she hereby is authorized to purchase a track on behalf of the Division of Inventory and Stores as per its current capital outlay budget, which replaces a 1983 Dodge pick -up truck. That the purchase of this vehicles is approved contingent on the new vehicle being designated as not authorized for take -home use, marked with the City Seal in accordance with Chapter 53 of the City Code, and concurrent with use, that the replaced vehicles be removed from City service and disposed of by the Director of Purchase in the best interests of the City. PASSED AYES -9 NOES -0 FROM THE CITY CLERK NO 41 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses fro the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 57 Virginia Place 57 Virginia Place LLC Michael Haaland 75 W. Chippewa St Level Joseph Macaluso & Michael Sherk RECEIVED AND FILED NO. 42 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 Corporation Council — Eileen S. Fleming RECEIVED AND FILED NO. 43 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. 44 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 March 25, 2008, in the Department of Public Works, Parks & Streets Division of Water to the Position of Water Services, Seasonal, Appointment at the Starting Salary of $11.11 per hour Lorenzo Crumpley, 319 Colvin, Buffalo 14216 CERTIFICATE OF APPOINTMENT Appointment Effective 2/26/08, in the Department of Community Services & Recreational Programming Division of Youth to the Position of Inter III, Seasonal, Open- Competitive at the Starting Salary of $7.15 per hour Jerome Dixon Jr, 91 Domedion, Buffalo 14211 CERTIFICATE OF APPOINTMENT Appointment Effective 3/31/08, in the Department of Community Services & Recreational Programming Division of Youth to the Position of Inter III, Seasonal, unclassified at the Starting Salary of $7.15 per hour Elaina Giglio, 233 E. Eagle #707, Buffalo 14204 Devin Washington, 102 Lakeview, Buffalo 14201 Alexis Gant, 16 18 Street, Buffalo 14213 Daniel Gallagher, 47 Dempster, Buffalo 14206 Brittani Crowley, 204 Oakmont, Buffalo 14215 Danielle Girst, 471 Sherman, Buffalo 14211 Jocelyn Henderson, 139 Newburgh, Buffalo 14211 Sean Tulumello, 137 Parkside, Buffalo 14214 Chelsea Kwansnieski, 42 Fargo, Buffalo 14201 CERTIFICATE OF APPOINTMENT Appointment Effective 2/26/08, in the Department of Community Services & Recreational Programming Division of Youth to the Position of Inter VIII, Seasonal, unclassified at the Starting Salary of $11.00 per hour Simone Bennett, 391 Emslie, Buffalo 14206 Appointment Effective 3/31/08, in the Department of Community Services & Recreational Programming Division of Youth to the Position of Inter VIII, Seasonal, unclassified at the Starting Salary of $11.00 per hour Carolyn Manney, 257 Westminister, Buffalo 14215 NO. 46 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 3/10/08, in the Department of Public Works Division of Streets to the Position of Truck Driver, Provisional, Appointment at the Starting Salary of $27,646.00 Antionette N. Cunningham, 288 Hempstead Avenue, Buffalo 14215 CERTIFICATE OF APPOINTMENT Appointment Effective 3/25/08, in the Department of Public Works Division of Water to the Position of Water Service Worker, Temporary, Appointment at the Starting Salary of $29,038.00 Charles Redden, 1017 Smith Street, Buffalo 14212 CERTIFICATE OF APPOINTMENT Appointment Effective 3/17/08, in the Department of Administration, Finance, Policy & Urban Affairs, Division of Parking Enforcement to the Position of Parking Meter Coin Collector Part -time, Permanent, Appointment at the Starting Salary of $9.00 per hour Mark S. Carlson, 54 Oakgrove Avenue, Buffalo 14208 CERTIFICATE OF APPOINTMENT Appointment Effective 3/11/08, in the Department of Administration, Finance, Policy & Urban Affairs, Division of Treasury and Collections to the Position of Teller, Provisional, Appointment at the Starting Salary of $27,648.00 Amanda Andersen, 565 St Lawrence, Buffalo 14216 CERTIFICATE OF APPOINTMENT Appointment Effective 3/17/08, in the Department of Assessment and Taxation, to the Position of Account Clerk Typist, Temporary, Appointment at the Starting Salary of $26,271.00 Haven A. Dove - Hampton, 2 North Parade Avenue, Buffalo 14211 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO 46 HOME RULE REQUEST ON VEHICLE AND TRAFFIC LAW AMENDMENTS Please file the attached item for further discussion at the next Common Council session to be held Tuesday, April 1, 2007. Thank you in advance for your assistance with this matter. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON LEGISLATION NO. 47 176 S. DIVISION STREET, BUFFALO, NY, PARKING LOT Please file the attached item for further discussion at the next Common Council session to be held Tuesday, April 1, 2007. Thank you in advance for your assistance with this matter Dear Planning Board Members, Please accept this letter as a follow up to my brief comments submitted to the Planning Board at your Board meeting of February 26, 2008. At the meeting I sought to bring to your attention that the Determination of Significance necessary for SEQRA compliance, as well as ultimate determination to approve or disapprove the construction of a 150 space surface parking lot on a parcel zoned R -3 must be guided by an evaluation of the proposed project's consistency with the duly approved and /or adopted plans of the City of Buffalo. The majority of my clients ( John F. Abram, Susan Jagosh, Rosalyn Reynolds, Deborah Washington, Ellis Woods, Luann -Joy Woods, and James T. Sandoro) are residential homeowners, who invested in homes built in 1991 through 1992, in reliance upon the City's implementation and adherence to the Home Ownership Zone Plan (HOZO Plan), and the existent zoning regulations. It is my understanding that this Home Ownership Zone plan was based upon the earlier adopted Pratt - Willert New Housing Program plan, and the Federal Empowerment Zone. The zoning plan relied on by the residents when they built their homes has not changed since 1959. 1959 is when the Common Council zoned the area residential to remove the potential for future incompatible land usage. As a matter of law, the Zoning Board of Appeals, an administrative agency, lacks the authority to change the City's adopted plans. This means the whole of the zoning plan for the area must be considered in your Agency's deliberations. It is submitted that each of the four (4) above referenced plans are adopted plans against which the proposed 150 ears surface parking lot must be evaluated for consistency. At the hearing I provided to you three (3) aerial photographs depicting the condition of the area prior to the implementation of the HOZO plan, and afterwards. Prior to the implementation of the plans, the HOZO area had lost 81 % of its population, and virtually all of its private investment (see City of Buffalo Home Ownership Zone application dated October 7, 1996, atpage3). Within the HOZO plan the mixed commercial and industrial usage amongst the residential land, as well as the low rate of homeownership, were identified as specific distressing factors targeted by the Plan. Under the HOZO plan, the Willert Park neighborhood, where my clients invested, was intended to create "a new urban village in a distressed area." The families built their houses located upon the residentially zoned premises adjacent to where the developer now seeks to build a 150 car parking lot. This fact is documented by the aerial photos. The 1977 aerial photograph shows the then new housing in place when Ellicott Management Corp. acquired the premises at issue. The 1995 photograph, as compared to the 1983 photograph, shows the dramatic investment in residential property around the area, in implementation of the HOZO plan. Implementation and adherence to the HOZO plane was a success. Perhaps unique to the Willert Park neighborhood is the incredible mix of incomes which make up the urban village. There is an integration of incomes with public housing, condo units, single family and row housing all brought together in a downtown neighborhood around a network of parks and schools. Commercial surface parking lots are not allowed on the intentionally residentially zoned properties, and are just not a part of any of the City's adopted plans which brought about the successful transformation of a community. While the Developer has made much of the Zoning Board of Appeals granting of the use variance, it is respectfully submitted that the Zoning Board of Appeals, as an administrative agency, just does not have the power to remove from your determination consideration of inconsistencies with the City's zoning plan for the area. Their recent actions are currently before the State Supreme Court for review. We would normally expect these issues to be resolved by the State Supreme Court within three months of bringing the Petition. Finally, at the end of the hearing, after our allowed comment, a statement was made suggesting that if there had been a demand for housing, housing would have been built. The developer who is seeking to build surface parking has controlled the premises since 1979 (See attached deed). The fact of the matter is the developer's sister corporation decided to tear down the zoning compliant residences rather than maintain, repair or market the properties. The developer has not shown that he ever marketed the property for an allowed use under the City's zoning plan, and his actions in demolishing the relatively new housing stock frustrated the development of the land consistent with the City's plans for the area. With regard to the established demand for new housing within the HOZO, the City of Buffalo in 2005 commissioned a report by Gar & Associates. The report defines the demand for residential development is still strong in the HOZO. In addition to the plans identified above, your agency should be guided by Resolutions of the common Council such as the 2003 moratorium against the creation of new surface parking lots in the downtown area. The Common Council passed the moratorium after determining that more surface parking lots being added to the downtown neighborhood disincentivizes desired investment, and blights the area. Surface parking provides one of the highest returns with the least investment into the property. From the residential perspective the development of surface parking poses an adverse impact to the neighborhood by providing large, paved open areas for people who pray on the quality of life in neighborhoods to gather. It further provides an inadequate connection between the downtown neighborhood and the residential fabric which the community invested upon. Again, we respectfully submit that your agency should disapprove the plan brought before you for the conversion of the 12 residential parcels comprising 175 South Division Street into a 150 car surface parking lot. We ask that you respect the City plans for the Pratt - Willert community, and the substantial investment of the individual homeowners, and deny the application before you. Very truly yours, THE KNOER GROUP, PLLC REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 48 WILLERT PARK VILLAGE COMMUNITY ASSOC. OPPOSITION TO 108 SYCAMORE PROJECT Please file the attached item for further discussion at the next Common Council session to be held Tuesday, April 1, 2007. Thank you in advance for your assistance with this matter. In response to your request that we meet with Lake Shore Behavioral Health, a call meeting was held last evening. Dr. Howard K. Hitzel and a number of his staff and a board member were present for the presentation and to address the concerns of the residents. What was very clear to as was they made no attempt to come to our association although in 2006 they sought funding from a number of entities. Following the exchange, we met for over an hour to formulate our collective response. We CANNOT support building this facility at 108 Sycamore. Our secretary called our former neighbor last Friday evening, Verma Martin, inquiring about the sale to Lake Shore. We have always offered to any resident looking to sell to assist them in finding a buyer for the homo. Ms. Martin stated that she was told that a learning clinic would be at the site to assist "slow" children and adults with literacy. This corridor has been designated as a cultural and tourism route and we feel that our home zone already houses a number of programs: 12 Step Program on Genesee Street next to NAPA Restoration Program at Oak & Genesee (bldgs across the street slated for rehab) Prison Release program an Sycamore between Elm and Michigan Hickory Apts at Hickory and Broadway Madison Street - 8 bed facility Monroe Street - housing for the mentally challenged Mid Erie in Towne Garden Plaza Shselian's drug program Proximity to four [4] schools A question was raised as it relates to the Michigan Street Heritage Commission; were they contacted regarding this proposal? As we continue to build out our neighborhood, we envision more housing needed to support the expansion of the BNMC, UB's move to a downtown campus and building a new EOC, and the associated businesses that will accompany this expansion. We're excited about Sycamore Village as it will continue to attract people into our city. I will convey, on behalf of the Association, to Dr. Hitzel our willingness to discuss future plans for this site other than this proposed mental health facility. It's unfortunate that organizations do not realize the importance of input by the residents of the neighborhood. We thank you for insisting that they come to us for comment. We have made a long term commitment to this neighborhood and our City, and look forward to its continued development. If you have any questions regarding our NON - support, please do not hesitate to contact me. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 49 DISMANTLING OF THE BARGE LANSDOWNE AT THE SOUTH END MARINA, BUFFALO HARBOR CITY OF BUFFALO, ERIE COUNTY Reference is made to our recent meeting and your March 13 and March 14, 2008 faxed letters to this office which describe your proposed dismantling operation to recover scrap steel from the referenced barge, which I understand you now own. From our discussions and what was submitted, Mr. Douglas Borschel, Deputy Permit Administrator, and I believe that you will undertake the following operations: 1. The vessel will be moved along the South End Marina bulkhead into shallower water to prevent the possibility that the derelict barge might sink during unfavorable Weather conditions. The distance that the barge will be able to be moved along the bulkhead shoreline will depend upon existing water depth and the amount of upper superstructure steel, including the two railcars, that may be removed to lighten it, prior to pulling the barge toward shallow water. 2. Prior to attempting to winch the barge onto land over the existing concrete boat launch ramp, a strong steel plate will be positioned in the water across the boat ramp to protect the ramp and the harbor bottom at this location from compression and damage from the weight of the barge. 3. It is also understood that there presently exist large concrete slabs that cover the harbor bottom near the boat launch ramp, which should further eliminate the possibility that the barge bottom or "keel" will cut into the bottom substrate causing what would otherwise be regulated "physical disturbance." 4. The barge will be slowly pulled over the boat ramp to land for dismantlement or will be pulled up the ramp periodically and dismantlement will occur on the portion out of water, until the barge can again be pulled further on !and to continue the process until completion. 5. All fuel and oil /lubricants have already been removed from the barge so water contamination should not occur. Since the process you have described appears to represent negligible disturbance to the bottom substrate of the Buffalo Harbor at South End Marina, I believe that permitting requirements, pursuant to Article 15, Title 5 of the New York State Environmental Conservation Law, (Protection of Waters) does not apply to your proposed project operations. However, my present determination is based on the following, which must be strictly adhered to or there could be necessary Department enforcement action taken if the described procedures are changed and /or if salvaged debris or operational equipment or materials enter the water in contravention of Environmental Conservation Law standards. A. All work shall be completed in accordance with OSHA Standards and Best Management Practices related to the proposed dismantling process operations- B. All necessary precautions shall be taken to preclude contamination of the affected property(s) and Buffalo Harbor water by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other project related environmentally deleterious materials. C. Any debris that does occur on the affected property(s) shall be immediately collected, recycled and /or disposed of appropriately. D. Mr. Douglas Borschel of this office shall be notified in writing upon commencement of work and also upon completion of work. It appears that my present determination on this matter is reasonable and appropriate because there should not be any significant physical disturbance or adverse water quality issues associated with the work as presently proposed- Furthermore, it is my understanding that the U.S. Department of the Army, Buffalo District Corps of Engineers Office and the United States Coast Guard Office have both decided that Federal permits /approvals will not be necessary for this work. Thank you very much for your cooperation and I wish you every success in carrying out this activity since it will eliminate a potential navigation hazard and is a positive aesthetic improvement for the harbor. Respectfully, Steven J. Doleski Regional Permit Administrator REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVEKOPMENT NO. 50 NOTICE OF GBNRTC -PCC MEETING The next GBNRTC -PCC meeting has been scheduled for Wednesday, April 2, 2008, 9:30 a.m., at NYS Department of Transportation Buffalo Room, Seneca St Buffalo, New York PROPOSED AGENDA PROCEEDINGS A) Roll Call B) Public Participation C) Approval of Meeting Agenda D) Approval of Meeting Minutes - March 5, 2008 ACTION ITEMS A) TIP Major Amendments: Addition of 2 new projects; City of Buffalo and NFTA B) TIP Minor Amendments: Cost /Schedule changes to 3 City of Buffalo projects DISCUSSION ITEMS A) Subcommittee Reports: Transportation Projects Subcommittee B) NYSDOT Multimodal Transportation Program 2009 -2014 C) Regional Travel Model Calibration: Summary Results D) Area Road Scoring: 2007 Ratings and Report E) Areawide 2008 Traffic Count Program STATUS REPORTS /INFORMATION A) Member Agency Reports B) Director's Report NEXT MEETING CONFIRMATION: May 7, 2008 - Niagara Falls - Carnegie Bldg RECEIVED AND FILED NO. 51 J. GOLOMBEK - ELMWOOD VILLAGE -INFO RE THEIR DESIGN STANDARDS IN THE CENTER Thank you for working to amend the City of Buffalo Charter to include the Elmwood Village Design Standards. The Elmwood Village Association (formally Forever Elmwood) and the entire community began working towards the creation of the Design Standards in 1998. We look forward to their approval by the Legislative Committee and full Common Council in 2008. In the spring of 1999 the Elmwood Village Association hired Flynn Battaglia Architects to review the physical makeup of Elmwood Avenue. Elmwood Village Association past president and urban planner, Jessie Fisher, compiled and presented The Elmwood Village: Neighborhood Profile in March, 1999 while employed with Flynn Battaglia Architects. After being reviewed at several Elmwood Village Steering Committee meetings Flynn Battaglia Architects presented the Elmwood Village Action Plan in October, 1999. Among the recommendations made by Flynn Battaglia Architects was the updating of the City of Buffalo Zoning and Design Standards for Elmwood Avenue. During the summer of 2000 Flynn Battaglia Architects created a "Visual Preference Survey." Hundreds of Elmwood Village residents, business, and property owners spent at least twenty minutes each viewing and evaluating dozens of photographs of buildings and sites along Elmwood Avenue to determine what building styles where liked and disliked. The results of the survey were evaluated by Flynn Battaglia Architects and an Elmwood Village Association Steering Committee to create the "Elmwood Village Design Standards ". The City of Buffalo Planning Department and Good Neighbors' Planning Alliance committee additionally reviewed and edited the Design Standards in 2004. Today, ten years after the community began the process of developing design standards for the Elmwood Village we are submitting the attached document for your review and approval. Attached please find a version of the Elmwood Village Design Standards that updates the City of Buffalo Charter, ARTICLE XXVIII, § 511 -137: Citywide Design and Site Plan as §511 -155: Elmwood Village. Design Standards. In keeping with our review and recommendations for changes to the City of Buffalo Charter we also request that the Common Council enhance the wording of the Elmwood Business (EB) District "Maximum Floor Area ", City of Buffalo Charter, paragraph [(§ 511- 56.E.(9)] to make the intention of the article clearer. Our proposed change is documented on the last page of our attached submittal. We thank you for your time and look forward to working with you to see the Elmwood Village Design Standards approved by the City of Buffalo Common Council in 2008! COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON LEGISLATION, CORPORATION COUNSEL AND THE CITY PLANNING BOARD NO 52 J. HORNUNG SR, C. COLLINS- SUPPORT CAMPOREE 08 WAIVER OF CURFEW IN DEL. PK. The Erie County Department Of Parks Recreation and Forestry is pleased to support "Camporee 2008 Waiver of Curfew in Delaware Park ( #86 C.C.P. Mar. 18, 2008). 1 believe that this is a good event, and that more such events will happen in the future, once this becomes public knowledge. Some of our normal concerns may be addressed in the special event permit process, but I will state that on site security, bathrooms, lighting, proper location (example: not on the rugby field or golf course), not allowing open fires, and no disruption to the neighborhood be addressed before this is granted. Olmsted Parks will also need to be informed of this event. If I can be of any further assisitance to your consideration of this item, please do not hesitate to ask. Thank -you. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 53 M. KEARNS -BASIL GROUP -REQ REMOVAL OF EASEMENT — 1180 ABBOTT RD -REQ Last September I purchased property in the City of Buffalo at 1180 Abbott Road. The vacant site previously housed an automobile dealership. I am finalizing plans to demolish the rundown building on the site and construct a state of the art 6,500 square foot showroom and sales office. While contacting various city departments I found out that there was an easement that runs through the center of my property. Apparently, a utility easement was put in place in the 1940's as the developer planned on building residential homes. In 1946 the property was developed for use in automobile sales. The homes were never built and a Ford dealership has continuously operated on the site until 2006. The city tells us that they have visited the site and determined that no utilities, water lines or gas lines were ever installed on this easement. The easement has never been utilized and serves no practical purpose. The Basil Group is requesting the City of Buffalo to remove the easement from the property we own at 1180 Abbott Road. This will enable us to proceed and develop this site as a state of the art automobile dealership that wilt serve the residents of Buffalo and also act as a gateway to the City of Buffalo from neighboring West Seneca and Lackawanna. We are willing to pay reasonable fees such as recording and title fees required to remove the easement. With the spring construction season fast approaching, we are hoping for the necessary approvals so that we may commence construction and have our business running by the of summer 2008, Basil is excited to be coming to the City of Buffalo and would appreciate any assistance and guidance your office can provide as we move forward with this exciting project. REFERRED TO THE COMMITTEE ON LEGISLATION NO 54 BUFFALO SKYWAY MANAGEMENT STUDY This is to acknowledge receipt of your letter dated March 4, 2008, requesting the status of the subject study. An important component of the study is the projection of future traffic volumes on Route 5, the Skyway, and other major connecting routes such as the 1 -190 (Thruway). At our last meeting with the project consultants held in early January, it was determined that the removal of the Ogden and Breckenridge toll barriers by the Thruway Authority last summer and fall has significantly changed the traffic and travel patterns in and around Buffalo including Route 5. Consequently, we directed the consultant to work with the Greater Buffalo- Niagara Regional Transportation Council (GBNRTC) on updating the projected traffic data for this study. The GBNRTC has been in the process of updating the Regional Travel Model following the removal of the toll barriers. We expect this work to be completed in the next few months and will then be able to progress the study to completion. Please be assured that we will inform you, the City, other stakeholders, and the public as soon as the report is available for review. Thank you for your continued interest in this study. Please call me at 716 847 -3238 if you have any questions or would like to discuss this further. REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT NO 55 TIME WARNER CABLE BILL I would like to file the attached information for the next Common Council meeting to be held on April I, 2008 COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON LEGISLATION NO 56 OLMSTEAD PARK - VOLUNTEERS NEEDED FOR TREE PLANTING Volunteers are needed to plant new trees in the Buffalo Olmsted Park System this spring. The upcoming Community Tree Plantings will help aid in reforesting Buffalo's beautiful Olmsted green spaces following the damaging October 2006, surprise storm. New trees will be planted in all of the historic Frederick Law Olmsted- designed green spaces including Cazeaovia, Delaware, Front, Martin Luther King, Jr., Riverside and South Parks. Sponsored by the City of Buffalo, donations to Olmsted ReLeaf, and Entercom Radio, the Olmsted Community Tree Plantings give volunteers the opportunity to make an important impact on the Buffalo community. Tree plantings are a great, fun way to enjoy the outdoors in historic and popular Olmsted Parks. The Olmsted Community Volunteer Tree Plantings are scheduled for 9:00 am - noon on Saturday, April 25 in Cazenovia, Marlin Luther King, Jr., and South Parks and on Saturday, May 3 in Delaware, Front, and Riverside Parks. All volunteers must be at least 15 years of age to participate. Register by calling the Buffalo Olmsted Parks Conservancy at 838 -1249 ext.15, or online at www. BuffaloOlmsted Parks.org 2008 marks the thirty -year anniversary of the Buffalo Olmsted Parks Conservancy, a not - for - profit, membership = -based community organization, with the mission to broaden awareness of, appreciation for, and investment in the Buffalo Olmsted Park System in order to enhance, restore and maintain this historic cultural treasure for the benefit of current and future generations. Later this Year, the Conservancy will unveil its 21 st Century Park's Master Plan, a blueprint for the future. The Olmsted System is the first of its kind in the nation designed by America's greatest landscape architect, Frederick Law Olmsted. Listed on the National Register of Historic Place's, Buffalo Olmsted Parks are frequented by millions annually. Olmsted Community Tree Planting Funded by the City of Buffalo & Olmsted ReLeaf donations Saturday, April 26 Cazenovia Park 9:00 am — Noon Martin Luther King, Jr. Park 9:00 am - Noon South Park 9:00 am — Noon Saturday, May 3 Delaware Park 9:00 am — Noon Front Park9:00 am — Noon Riverside Park 9:00 am — Noon Volunteer registration is required. To register, call 838 -1249 ext. 15 of visit www.BuffaloOImstedParks.org This volunteer activity' may be physically demanding. All volunteers must sign a waiver before they can assist with the plantings. Call— 838 -1249 ext. 15 for details. Important Volunteer notes: Volunteers will be managed and supervised by Olmsted staff. Volunteers must be at least 15 years of age. Volunteers should come dressed for the weather and must have appropriate boots (work boots & gloves) Volunteers should be in good physical condition. Volunteers will not use any power tools and should not bring any type of power tools, REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 57 175 SOUTH DIVISION ERIE COMMUNITY COLLEGE STUDENT AND FACULTY PARKING LOT The process of getting site l�lan approval for the subject site has been ridiculous and debilitating at best. The biased and insulting 11 hour letter of Tim Wanamaker on behalf of the City of Buffalo, is clearly a political obstruction of the process, and after five planning board and one zoning board of appeals meeting, it is sickening. We ask that Mr. Wanamaker be invited to testify under oath as to who wrote his opinion letter of March 11, 2008. We suspect that it was written by counsel to our adversary James Sandoro who seeks to protect his parking lots from competition. We also suspect that Mr. Wanamaker has consciously and intentionally, with malice, decided to bow to Brian Davis and administration officials and politically interfere in the decision making process on the subject parcel. It is criminal that the administration should stoop to such a low. Litigation on the matter has already been started by Mr. Sandoro and it will probably continue for some time. In any event, to have "public servants" serve a particular devious special interest is offensive and insulting to the people of the City of Buffalo and we believe that the Planning Board should admonish Mr. Wanamaker and his supervisors that their activities in connection with our matter are such. Thank you for your attention to the above. Ellicott Development Company Carl P Paladino REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 58 M RODGERS- CONCERNS NEIGHBORHOOD DELIS I, personally agree that some of the local delis in neighborhoods with children, families, elderly and, yes, just the average taxpayer, are nuisances. Considering our area of the West Village where there are eight of these types of businesses within a three -block radius along with a full service Tops Market, the argument of servicing the community seems moot. Our councilmembers are in touch with their constituents on a daily basis and field many calls of complaints from taxpayers they have come to know as solid residents and even community - builders. The district councilmember's judgment regarding the renewal of such licensing would prove invaluable over a rubber -stamp approval due to time constraints and having to play catch -up due to poor practices, or lack thereof, of the past administration. If it weren't for the overflow factor as well as the inability to enforce codes and ordinances on these establishments, Mr. Ostrowski might have a good point in his statement that: "It's a dumb idea to make it more difficult to do business in the City of Buffalo," while adding his opinion that lawmakers should consider the scarcity of new businesses that plant roots in the city. What we need to do is certainly caste a wide net to assure all areas of our city are covered by the same laws and ordinances. Not just for the areas that are considered better than others. If, on the other hand, there are over 300 such licenses in the city, as Mr. Tobe put it, maybe it's about time they were truly researched and evaluated for their actual contribution to a community and their location to others like them. Overflow of the same type of business cannot be good for economic development. What we need for small business economic development supersedes the "more of the same" attitude and a fresh approach to diversity of services and business, particularly in neighborhoods. Our other need for economic development is to attract larger business to our community. With the vast number, admitted by Mr. Tobe, of these markets, many of whom are detrimental to quality of life in neighborhoods, the economic development horizon of these larger businesses seems further off than imagined. The "improved licensing revocation process" as mentioned by Mr. Tobe, as far as the West Village and Lower West Side are concerned, seems to be more hand - holding and babysitting in the attempt to make better neighbors of these problem establishments, again wasting valuable time and resources of city departments and taxpayer money. No one wants to listen when a covert attempt at threats to neighbors citing complaints are made by management or their agents in these markets. Instead, let's keep them licensed up while watching the trend of those wishing to move into our city decline along with our present tax base of homeowners running away to the suburbs and an easier more peaceful lifestyle. It's time to stop being penny -wise and palm foolish. The city owes it to the community - builders and citizens to protect and serve as a good steward rather than finding the quick and easy way out. Marilyn Rodgers Community Advocate and Receiver of Threats and Intimidation by a Local Deli REFERRED TO THE COMMITTEE ON LEGISLATION NO 59 REQUEST TO SET UP A MEETING WITH REPRESENTATIVES OF THE CITY OF BUFFALO AND UNIVERSITY HEIGHTS COMMUNITY TO DISCUSS QUALITY OF LIFE AND CRIME PREVENTION IN THE NEIGHBORHOOD. I respectfully request a meeting between you or your chosen representative and representatives from the City of Buffalo and University Heights Community so as to discuss quality of life and crime prevention in University Heights neighborhood. University Heights has recently seen a series of high profile robberies and other violent crimes in which the victims, and in some cases the perpetrators, have been UB students who live in the area. The University Heights neighborhood is home to between 2,000 and 3,000 UB students, many of whom live in off - campus housing. As a result of these crimes and the resulting media coverage, some UB students and their families have expressed concern that the University Heights neighborhood is an especially dangerous area, which is an inaccurate and unfair portrayal of this community. It is my feeling that UB students would be benefited by the adoption of a University policy whereby students that desire to live off - campus in University Heights were required to receive mandatory training to educate them on what they can do to decrease their likelihood of becoming a victim of crime as well as training on the importance of quality of life initiatives as a new resident of an off - campus neighborhood. By working together, UB, the City of Buffalo and the University Heights Community can through their collaborative efforts increase public safety and allay the fears of students who reside in the University District. Please feel free to contact me at 851 -5165 if you have any questions in regards to this request. Bonnie E. Russell University District Common Council Member REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT PETITIONS NO. 60 K. ZHANG, OWNER, USE 752 ELMWOOD AVE., RE- ESTABLISH USE OF OUTDOOR CAFE (HRG 4/8/2008)(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 61 APPT TELLER (PROV)(SOKOLOWSKI)(A &F) (# 25, 3/18/08) That ccp #25, 3/18/08 be Received and Filed and that the Provisional Appointment of Kristie Sokolowski, 87 McKinley Pkwy, Buffalo, NY 14220 at the second step of $28,514.00 is hereby approved PASSED AYES -8 NOES -0 NO. 62 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM # 34, 3/18/08 That the above item be the same and hereby is received and Filed ADOPTED NO. 63 APPT CHIEF ECONOMIC DEVELOPMENT OFFICER (EXEMPT)(REILLY)(STRAT PLAN) # 31, 3/4/08 That the above item be the same and hereby is Received and Filed ADOPTED NO. 64 SPECS FOR COOR OF ANTI GRAFFITI & CLEAN CITY PROG, DIR OF GOV RES AND ANALYIS AND CHIEF ECO DEVEL OFFICER (HR) # 52, 3/4/08 That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (MICHAEL P. KEARNS, CHAIRMAN) NO. 65 RESPONSE TO LEASE AGREEMENT 326 -328 HIGH HIGH (ELL)(STRAT PLAN) # 3, 3/18/08 That the above item be the same and hereby is Received and Filed ADOPTED NO. 66 ADDENDUM TO CONTRACT FOR POLICE PROMOTIONAL EXAMINATIONS DEPARTMENT OF HUMAN RESOURCES: CIVIL SERVICE DIVISION (ITEM NO. 26, C.C.P., MARCH 18, 2008) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; Mr. Kearns moved: That the item dated March 6, 2008 from the Department of Human Resources, Civil Service Division be received and filed and that the Addendum to the Contract for Police Promotional Examinations with UO Solutions be approved as drafted and that the Deputy Commissioner of Human Resources is authorized to execute the same as drafted and presented to the Council. PASSED AYES -9 NOES -0 NO. 67 VAN PURCHASE DEPARTMENT OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING (ITEM NO. 30, C.C.P., MARCH 18, 2008) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; Mr. Kearns moved: That the Department of Community Services and Recreational Programming is authorized to purchase a 12 passenger van at and estimated cost of $22,000 for the Division of Senior Services. That the purchase of this vehicle is approved contingent on the new vehicle being designated as not authorized for take -home use, marked with the City Seal in accordance with Chapter 53 of the City Code, and concurrent with use, that any replaced vehicles be removed from City service and disposed of by the Director of Purchase in the best interests of the City. PASSED AYES -9 NOES -0 NO. 68 RESPONSE REAL ESTATE AUCTION 9/22/07 -STRAT PLAN # 16,3/4 That the above item be the same and hereby is Received and Filed ADOPTED NO. 69 COMPREHENSIVE ANNUAL FINANCIAL REPORT YEAR END 6/30/2007 (BSA) # 53, 3/4/08 That the above item be the same and hereby is Received and Filed ADOPTED NO. 70 T. HERRERA - MISHLER -RETUM ICE SKATING TO HOYT LAKE # 61, 3/4/08 That the above item be the same and hereby is Received and Filed ADOPTED NO. 71 PERMISSION TO ENTER INTO AGREEMENTS FOR THE BUFFALO NIAGARA MEDICAL CAMPUS (ITEM NO. 12, C.C.P., FEBRUARY 19, 2008) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; Mr. Kearns moved: That the communication from the Acting Commissioner of Public Works, Parks and Streets dated February 7, 2008 be received and filed; and That the Mayor be, and he hereby is authorized to enter into all necessary agreements with the Federal transit Authority, Federal Highway Administration, Niagara Frontier Transit Authority, New York State Department of Transportation and Buffalo Niagara Medical Campus. PASSED AYES -9 NOES -0 NO. 72 PERMISSION TO ENTER INTO AGREEMENTS FOR THE DESIGN OF THE 700 BLOCK OF MAIN STREET (ITEM NO. 13, C.C.P., FEBRUARY 19, 2008) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; Mr. Kearus moved: That the communication from the Acting Commissioner of Public Works, Parks and Streets dated February 12, 2008 be received and filed; and That the Mayor be, and he hereby is authorized to enter into all necessary agreements with the Federal transit Authority, Federal Highway Administration, New York State Department of Transportation and Buffalo Place for the design, construction and inspection of the 700 Block of Main Street. PASSED AYES -9 NOES -0 NO. 73 REPORT OF BIDS - STREETLIGHT STANDARD REPAIR (ITEM NO. 15, C.C.P., FEBRUARY 19, 2008) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; Mr. Kearns moved: That the communication from the Acting Commissioner of Public Works, Parks and Streets dated February 6, 2008 be received and filed; and That the Acting Commissioner of Public, Works, Parks and Streets, be, and he hereby is authorized to award a contract for Streetlight Standard Repair, to South Buffalo Electric, inc., the lowest responsible bidder, in the amount of $208,425.00 (Base Bid of $198,500.00 + [5% unit price increases] $9,925 equals [Total Award] $208,425.00). Funds for the project are available in Capital Account #30032106- 445100. PASSED AYES -9 NOES -0 NO. 74 ASSET FORFEITURE WIRE TRANSFERS(PW) # 16, 2/19/08 That the above item be the same and hereby is Received and Filed ADOPTED NO. 75 J. HORNUNG- RESPONSE RETURNING ICE SKATING TO HOYT LAKE # 43, 2/19/08 That the above item be the same and hereby is Received and Filed ADOPTED NO. 76 S. MEADOWS -FOIL REQUEST COB WATER DEPT & AMERICAN ANGLIAN # 46, 2/19/08 That the above item be the same and hereby is Received and Filed ADOPTED NO. 77 RECONSIDERATION OF TIME WARNER CABLE'S POLICY RE COST OF TAPING PARADE # 119, 2/19/08 That the above item be the same and hereby is Received and Filed ADOPTED NO. 78 B. DAVIS - SENECA ONE PARKING RAMP 177 WASHINGTON ST # 42, 2/5/08 That the above item be the same and hereby is Received and Filed ADOPTED NO. 79 RETURN ICE SKATING TO HOYT LAKE # 104,10/2 That the above item be the same and hereby is Received and Filed ADOPTED NO. 80 SEQR -FOR JN ADAM PROPERTY(CC) # 24, 4/5 That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (MICHAEL J. LOCURTO, CHAIRMAN) NO. 81 NEGATIVE DECLARATION- 108 SYCAMORE ST(ELL)(PLANBD) (COM 2 03/.18) That the above item be the same and hereby is Received and Filed ADOPTED NO. 82 B.DAVIS - P.TANTILO - 41 COURT ST EMPIRE ZONE REQUEST (NO 44 01/22) That the above item be the same and hereby is Received and Filed ADOPTED NO. 83 B.DAVIS - C.BROWN & 0 - SALE OF 390 HUDSON ST TO MR.HOWARTH COLON (ELL) (NO 6102/06) That the above item be the same and hereby is Received and Filed ADOPTED NO. 84 YR 33 COMM DEV QUARTERLY REPORTS (MAY 2, 07 TO JULY31, 07) (COMMSERV) (COM 30 02/19) That the above item is the same and hereby is received and filed ADOPTED NO. 85 YR 33 COMM DEV QUARTERLY REPORTS (AUG 1, 07 TO OCT 31, 07)(COMMSERV) (COM 3102/19) That the above item be the same and hereby is Received and Filed ADOPTED NO. 86 SEQR LEAD AGENCY DESIGNATION 108 SYCAMORE ST (ELL)(STRATPLAN) (COM 30 03/04) That the above item be the same and hereby is Received and Filed ADOPTED (JOSEPH GOLOMBEK JR, CHAIRMAN) NO. 87 D. COOPER, AGENT, USE 427 ELMWOOD TO REESTABLISH USE OF A SIDEWALK CAF — (ITEM NO. 47, C.C.P., MARCH 18, 2008) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; Mr. Golombek moved: That pursuant to Section 511 -56(D) of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to a "mere license" to David Coper, applicant, located at 427 Elmwood, to install a 33' x 7' sidewalk cafe, which would encroach city right -of -way at said address for use by "The Wine Thief, LLC." PASSED AYES -9 NOES -0 NO. 88 SENECA ONE PARKING RAMP 177 WASHINGTON (ELL)(EDPI) CCP #23,03/18 That the above item be the same and hereby is Received and Filed. ADOPTED NO. 89 ORDINANCE AMENDMENT - CHAPTER 194 FOOD STORES CCP# 89, 3/18 Mr. Golombek moved That the above item is hereby returned to the Common Council without recommendation Mr. Golombek moved that the above item be recommitted to the Committee on Legislation ADOPTPED NO. 90 STATUE AND FLAGPOLE WITHIN CITY ROW (401 FRANKLIN) (ITEM NO. 39, C.C.P., MARCH 4, 2008) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; Mr. Golombek moved: That the communication from the Department of Public Works, Parks and Streets dated February 12, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to grant permission to Mr. Ralph J. Salerno, owner of Keller Bros. & Miller, Inc. located at 401 Franklin Street, for the installation of a statue and 20' flagpole with landscaping and illuminated lights at said address pursuant to §413 -67 of the Code of the City of Buffalo. PASSED AYES -9 NOES -0 NO. 91 T. GREEN, AGENT, USE 30 WYOMING FOR A HSF (MAS) CCP #49,01/22 That the above item be the same and hereby is Received and Filed. ADOPTED NO. 92 C. HASSELBACK, AGENT, USE 1440 KENSINGTON FOR A POLE SIGN (ITEM NO. 24, C.C.P., JANUARY 8, 2008) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; Mr. Golombek moved: That the communication from the Department of Economic Development, Permits and Inspection Services dated December 27, 2007 be received and filed; and That the petition of C. Hasselbeck, agent, for permission to use 1440 Kensington for a 18' high x 7' x 5' pole sign is hereby approved upon the conditions that the sign not be more than 14' in height and that there be landscaping at the base of the sign. PASSED AYES -9 NOES -0 NO. 93 R. FONTANA -J. MARSHERALL -CITY APPRENTICE PROGRAM LEGISLATION CCP #34,11/13 That the above item be the same and hereby is Received and Filed. ADOPTED NO. 94 FOOD STORE LICENSE- 1021 FERRY EAST (ITEM NO. 20, C.C.P., FEB. 19, 2008) That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit & Inspections Services be, and he hereby is authorized to grant a Food Store License to Mustafa Hassan, located at 1021 Ferry East. PASSED AYES -9 NOES -0 NO. 95 FOOD STORE LICENSE - 318 HAMPSHIRE (ITEM NO. 39, C.C.P., OCT. 2, 2007) That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit & Inspections Services be, and he hereby is authorized to grant a Food Store License to Thabet Alawi, located at 318 Hampshire. PASSED AYES -9 NOES -0 NO. 96 REQUEST FOR PUBLIC HEARING ON THE COB POLICE DEPT. POLICY, PROCEDURES & CITIZEN'S COMPLAINTS (ESC. 2 ND AND 3 RES.) CCP #118,10/16 That the above item be the same and hereby is Received and Filed. ADOPTED NO. 97 COUNCIL OVERSIGHT ON CONTRACTS (EXC. 1 ST RES.) CCP #117,05/02 That the above item be the same and hereby is Received and Filed. ADOPTED SPECIAL COMMITTEES WATERFRONT DEVELOPMENT MICHAEL P. KEARNS CHAIRMAN NO. 98 M. KEARNS -D. WAHL- LETTER OF SUPPORT - BOULEVARD ALTERNATIVE # 63, 3/4 That the above item be the same and hereby is Received and Filed ADOPTED NO. 99 A. TAYLOR- NYSDOT- DESIGNATION OF RESTRICTED HIGHWAY # 68, 3/4 That the above item be the same and hereby is Received and Filed ADOPTED NO. 100 M' KEARNS- ARTICLE - TRANSPORTATION TO IMPROVE COMMUNITY ARTICLES #88, 2/19 # 46, 2/5 That the above item be the same and hereby is Received and Filed ADOPTED NO. 101 M. KEARNS- BUFFALO NEWS ARTICLE FEMA'S RECLASSIFICATION CITY ZONES #46,11/27 That the above item be the same and hereby is Received and Filed ADOPTED NO. 102 M. KEARNS -FLOOD INSURANCE REPORT #70, 11/27 That the above item be the same and hereby is Received and Filed ADOPTED NO. 103 J. GOLOMBEK- LOCALWATERFI'ONT REVI —L. PROGRAM (#67,6/1) #68,10/30 That the above item be the same and hereby is Received and Filed ADOPTED NO. 104 M. KEARNS - NYSDOT -BFLO OUTER HARBOR ACCESS FUHRMAN BLVD PROJECT (#44,10/30) #58, 11/13 That the above item be the same and hereby is Received and Filed ADOPTED NO. 105 M. KEARNS- LETTER TO GOV SPITZER REGARDING SOUTHTOWNS CONNECTOR PROJECT #41, 11/13 That the above item be the same and hereby is Received and Filed ADOPTED NO. 106 M. KEARNS -A GLYNN- SOUTHTOWNS CONNECTOR PHASE 1 #52, 10/16 That the above item be the same and hereby is Received and Filed ADOPTED NO. 107 M. KEARNS- LETTER TO GOV SPITZER RE NYSDOT SOUTHTOWNS CONNECTOR PROJ #53, 10/16 That the above item be the same and hereby is Received and Filed ADOPTED NO. 108 B M. KEARNS -P. HERBERT - BUFFALO RIVER IMPROVEMENT # 79,7/25 That the above item be the same and hereby is Received and Filed ADOPTED NO. 109 M. KEARNS -P. HERBERT - BUFFALO RIVER IMPROVEMENT(ECPI) # 52,9/5 That the above item be the same and hereby is Received and Filed ADOPTED NO. 110 D. FRANCZYK -C. SHUMER - CONCEMS FEMA'S REVISED FLOOD PLAIN MAP(#41,10/30) # 53,11/13 That the above item be the same and hereby is Received and Filed ADOPTED NO. 111 B. HIGGINS -REQ FOR FLOOD INSURANCE RATE MAP CHANGES AT BFLO NY # 48,6/27 That the above item be the same and hereby is Received and Filed ADOPTED RESOLUTIONS NO. 112 BY: MR. DAVIS CITY OF BUFFALO LOCAL LAW NO. — (2008) INTRODUCTORY —1— (2008) A LOCAL LAW AMENDING THE CHARTER OF THE CITY OF BUFFALO IN RELATION TO THE BUDGET BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS EOLLOWS: Section 1 : That Article 20 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows: ARTICLE 20 Budgeting A. The Annual Operating Budget § 20 -1. Departmental Estimates. On or before the first day of February in each year the head of each administrative unit shall prepare and submit to the mayor through the division of budget an itemized estimate, in such form as the mayor may require, of (a) the sum of money deemed necessary to meet the expenditures of such administrative unit for the ensuing fiscal year, separately stating the amount required for all purposes, and (b) the revenues to be realized during the ensuing fiscal year from its operations. The comptroller shall include in his estimate the sum of money required to meet the interest and principal accruing during the next fiscal year on bonds, notes and certificates of indebtedness, separately stating the amounts required for school purposes and for all other purposes. The term "administrative unit," as used in this article, includes the council, departments, the board of education, boards and commissions empowered to appoint subordinate officers or employees, and any other board, commission or agency not embraced within a department. For purposes of this article, the president of the council shall be deemed the head of the council as such an administrative unit. § 20 -2. Revision by Mayor. The mayor, after hearings thereon, at which he shall require the attendance of the heads of the respective administrative units, shall revise the estimates, with power to increase, decrease or make such changes as may serve for the best interests of the city. The president and the chairman of the finance committee of the council shall be notified of and attend such hearings and shall be permitted to make inquiry in respect to all matters affecting the items in such estimates. The mayor may make reasonable regulations governing the conduct of such hearings and may delegate the power to conduct such hearings, or any of them, to the director of the budget. The director of the budget and his or her subordinates shall assist the mayor in preparing for and in conducting such hearings and in the work of revision of such estimates. § 20 -3. Mayor's Budget. On or before the first day of May each year, the mayor shall submit to the council a budget containing a complete plan of proposed expenditures and estimated revenues for the next fiscal year. Therein he shall set forth in detail and summary: (a) Estimates of the expenditures necessary in his judgment for carrying on the city government for the ensuing fiscal year, separately stating the estimates of expenditures necessary for school purposes and for all other purposes and stating in total the amount necessary to accomplish every separate function of each administrative unit or other purpose. (b) Estimates of the receipts of the city during the ensuing fiscal year under laws existing at the time of the budget is transmitted and also under the revenue proposals, if any, contained in the budget, and shall allocate separately the estimates of receipts to be credited for school purposes and for all other purposes. (c) The expenditures and receipts of the city during the last completed fiscal year. (d) Estimates of the expenditures and receipts of the city during the current fiscal year. (e) The balanced statements of the condition of the treasury at the end of the last completed fiscal year and the estimated condition of the treasury at the end of the current fiscal year. (f) All essential facts regarding the bonded and other indebtedness of the city. (g) Such other financial statements and data as in the mayor's judgment are necessary or desirable in order to make known in all practicable detail the financial condition of the city. (h) Any recommendations of the mayor to the council with respect to new sources of revenues. ( i) For each separate function of each administrative unit or other purpose i an outline of the administrative organization for the performance of the function; ii a summary of the expenditures, estimated fringe benefits and other unallocated indirect costs, and net cost or gain to the city of such function during the last two completed fiscal years, as estimated for the current fiscal year, and as budgeted for the ensuing fiscal year; iii a summary explanation of any major changes in revenues or expenditures and any non - recurring revenue or expenditure; iva summary of the objectives of such function during the ensuing fiscal year, the services to be provided to the residents or government of the city, and to the extent reasonably practicable the number of units and the unit cost of each such service. Q) A statement estimating the fiscal impact of any condition that may be reasonably foreseen as likely to cause a deficit in the ensuing year or to require a tax increase or reduction of services in order to avert a deficit in the ensuing year or in the year following the ensuing year. § 20 -4. Restrictions on Estimates and Requests. No estimate or request for an appropriation, except as herein before provided, and no request for an increase in any item of such estimate and no recommendations as to how the city's needs may be met shall be submitted to the council, or to any member of any committee thereof, by any department, or division of a department, any commission, board or agency of the city or by an officer or employee thereof unless required by the council. § 20 -5. Appropriations for Capital Improvements or Payment of Capital Notes; Exclusion from Tax Limitation. Whenever the city of Buffalo shall issue bonds or bond anticipation notes for a specific capital improvement or several specific capital improvements, or make expenditures for a specific capital improvement from the proceeds of bond or bond anticipation notes issued for a class or classes of capital improvements or from a fund into which the proceeds of bonds or bond anticipation notes are paid, that part of the cost of capital improvements which the city of Buffalo is required under the provisions of section 107.00 of the local finance law to pay from "current funds," as that term is defined in paragraph a of section 107.00 of the local finance law, shall be provided only by direct budgetary appropriations or the proceeds of capital notes issued for the payment of the cost of capital improvements. The common council may by resolution elect to exclude from the tax limitation prescribed by section ten of article eight of the state constitution, all or part of the taxes required for such direct budgetary appropriations or for the redemption of such capital notes, and the amounts so excluded shall not be diverted to a purpose other than for which such appropriations or capital notes were made or issued. For the purpose of this section, the term "capital improvements" shall mean: (a) Any physical public betterment or improvement or any preliminary studies and surveys relative thereto, or (b) Land or rights in land, or ©Any furnishings, machinery, apparatus or equipment for any physical betterment or improvement when such betterment is first constructed or acquired, or (d) Any combination of items (a), (b), and (c), or (e) Boats, firefighting vehicles and apparatus, machinery for highway construction and maintenance, and motor vehicles having periods of probable usefulness assigned in subdivisions twenty -six, twenty- seven, twenty- eight, and twenty -nine of paragraph a of section 11.00 of the local finance law. § 20 -6. Budget Message. The mayor shall submit to the council with the proposed budget a budget message which shall: (a) describe the important features of the current budget with reference both to proposed expenditures and anticipated income and a general summary showing the current and capital requirements for the fiscal year, with supporting schedules; (b) exhibit the aggregate figures of the current budget in such manner as to show a balanced relation between the total proposed expenditures and the total anticipated income for the fiscal year covered by it; © compare these figures with the corresponding figures of the last completed fiscal year and the year in progress; and (d) outline a fiscal policy for the city and describe its relationship to the objectives of the mayor's annual management plan and report and the four -year strategic plan. The message shall contain such comments with respect to the capital plan and budget as the mayor may deem advisable, including the probable effect thereof for each of the years involved. The city clerk shall promptly publish the budget message in the city record and distribute a summary to the news media. § 20 -7. Comptroller's Assessment of Accuracy of Revenue and Expenditure Assessments. On or before the tenth day of May, the Comptroller shall submit to the council an assessment of the accuracy of the revenue and expenditure estimates of the budget the mayor submits to the council. § 20 -8. Action on Budget. At the first meeting of the council after the submission to it by the mayor of the annual budget, the council shall proceed to a consideration thereof. The council may strike out or reduce items therein and may add thereto items of appropriation, provided that such additions are stated separately and distinctly from the original items of the budget and refer each to a single object or purpose. If no additions are made by the council, the budget, as passed by it, shall be deemed to have been adopted without any action of the mayor; if however, the budget as passed by the council contains any such additions, it must be presented by the city clerk to the mayor on or before the fifth day of June, two thousand and three, and on or before the twenty- second day of May each succeeding year for his or her consideration of such additions. If the mayor approves all the additions, he or she shall affix his or her signature to a statement thereof and return the budget and such statement to the city clerk. The budget, including the additions as part thereof, shall then be deemed to have been adopted. The mayor may object to any one or more or such added items and in such case shall append to the budget a statement of the added items to which he or she objects with the reasons for his objections and shall return the budget with his or her objections to the city clerk who shall present the same to the council at its next stated or special meeting. The council shall thereupon enter the objections upon its journal and proceed to reconsider the additions so objected to. If upon such reconsideration two - thirds of all the members constituting the council vote to approve such additions, or any of them, notwithstanding the objections of the mayor, the budget with the additions so approved, together with any additions not so objected to by the mayor, shall be deemed to have been adopted. If the budget with additions is not returned by the mayor to the city clerk with his or her objections within ten days after its presentation, it shall be deemed to have been adopted. If a budget has not been adopted, as herein provided, on or before the twentieth day of June, two thousand and three, and on or before the eighth day of June each succeeding year then the budget, as submitted by the mayor, including all additions to which he or she has failed to object, shall be the budget for the ensuing fiscal year. The city clerk shall publish a summary of the council's budget actions in the city record and distribute it to the news media. § 20 -9. Limitation of Grants -in -Aid. The budget, as finally adopted, shall not appropriate, for grants -in -aid to approved agencies, more than three percent (3 %) of the approved tax levy for the fiscal year in effect at the time of the newly adopted budget. For purposes of this section, "approved agencies" are defined as those groups which have satisfied all requirements of sections 20 -1 through 20 -6 of this article and of section 6 -30 of the code of the city of Buffalo. 20 -10. Fixed Items. Each department, division, city agency or other purpose shall be credited with the appropriation included in the budget for it. The appropriation for every function of each department, division, city agency or other purpose shall be a fixed item and the total expenditures for each such function shall not exceed the appropriation therefor as originally made or increased. The expenditures for the major objects included within each function shall not exceed the amount allocated therefor except that the director of the budget may approve in writing the reallocation of funds to or from any major object of expenditure, including personal services, within the appropriation for every function of each department, division, city agency or other purpose and may allocate the amount of any increased appropriation in like manner; provided, however, that the total expenditure for all major objects within any function shall not exceed the appropriation for such function as originally made or increased. § 20 -11. Increases Over Budget Appropriations. The expenditures for each function of every department, division, city agency or other purpose shall be kept within the amounts fixed in the budget for each such function, except that the council may by a two - thirds vote, upon the certificate of the mayor and comptroller, showing the necessity therefor, increase the appropriation for any function to meet any contingency which could not have been reasonably foreseen when the budget was adopted, but such increase shall not be in excess of the amount specified in such certificate. Except as otherwise provided by section 29.00 of the local finance law, no appropriation shall be increased for the current fiscal year after the adoption of the budget for the next succeeding fiscal year. § 20 -12. Transfer of Funds. The council may in any fiscal year, by a two - thirds vote, on a certificate of the mayor and the comptroller showing the necessity therefor, direct the transfer of any unexpended balance of the appropriation for any function from any department, division, city agency or purpose to another department, division, city agency or purpose, provided the item or part of the item so transferred was contained in the annual budget for the current fiscal year and will not be needed by the department, division, city agency or purpose for which it was appropriated. Money raised by tax for any particular purpose shall be applied only to that purpose except as in this section provided and any city officer who shall assist in its use for any other purpose shall be subject to removal from office. § 20 -13. Liabilities in Absence of Appropriation. No department, division, city agency or officer shall incur any expense or liability on behalf of the city to be met by general taxation nor attempt to bind the city in any way unless there be available an appropriation for such expense or liability. § 20 -14. Excess Expenditures Prohibited. Each department, division and city agency and each officer thereof shall be governed by the appropriations allotted thereto in the budget or increased as in this act provided, and shall not incur any expense or liability in excess of any such appropriation as originally made or increased. § 20 -15. Penalties on Misuse of Appropriations. Any officer who shall incur or who shall assist in incurring any expense or liability in violation of either of the two preceding sections shall be subjected to removal from office. § 20 -16. Certificate of Presentation to Mayor. The city clerk shall make a certificate of the time of the presentation to the mayor of a resolution or ordinance or a budget with additions, which the mayor has neglected for ten days to approve or return which certificate shall be entered upon the journals of the council. § 20 -17. Budget Monitoring. The director of the budget shall submit to the mayor and the council within 45 days of the close of the first, second and third fiscal quarters of the city's fiscal year a report: summarizing the actual revenues and expenditures for such quarter as compared to such estimates in the budget; projecting, based on any material revenue and expenditure trends or other factors that the director reasonably believes may influence the city's finances, probable fiscal year -end results as compared to the budget; and projecting the impact of such trends or factors on the following fiscal year and such other future fiscal years as the director deems appropriate to consider. Prior to submitting the report to the mayor and the council, the director shall submit a draft report to the comptroller for review and comment. If in the comptroller's opinion the final report raises any substantial issue, the comptroller shall promptly submit to the mayor and the council a statement describing such issue. § 20 -17.1. Fund Balance Policy A. Unreserved Fund Balance Beginning in Fiscal Year 2007 -08, the City of Buffalo shall set aside an amount of general fund unreserved fund balance equal to no less than 30 days of prior year expenditures pursuant to a fund balance policy. Said policy shall be approved by the Mayor and Comptroller subject to a majority vote of the Common Council, and approved as to form by the Corporation Counsel. These funds shall be used for extraordinary operating or capital needs that could not be anticipated and cannot be funded with current budget resources. It shall be the Comptroller's responsibility to submit to the Mayor and the Common Council the annual calculation that determines the amount to be placed in these funds. B. Reserved Fund Balance Beginning in Fiscal Year 2007 -2008, the City of Buffalo shall set aside a reserve of general fund balance in an amount of up to 15 days of prior year general fund expenditures, or as otherwise authorized by law. The reserve shall be for purposes allowed for in General Municipal Law, Section 6 -c. It shall be the Comptroller's responsibility to submit to the Mayor and the Common Council the annual calculation that determines the amount to be placed in these funds. Section 2. Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions of this local law shall be controlling. Section 3. This local law shall take effect immediately. Section 4: IT IS HEREBY CERTIFIED, pursuant to Section 3 -17 of the Charter of the City of Buffalo that the immediate passage of this Local Law is necessary City of Buffalo Departments APPROVED AS TO FORM Assistant Corporation Counsel NOTE: Matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 113 BY: BRIAN C. DAVIS SUBJECT: STREET CLOSING FOR WEST CHIPPEWA STREET BETWEEN ELMWOOD AND DELAWARE AVENUES Whereas: Papaya Asian Bar & Grill, located at 118 W. Chippewa Street, will be celebrating its' 3 and Whereas: To celebrate this occasion, the establishment is requesting the close W. Chippewa Street, between Elmwood and Delaware Avenues from 4:OOpro until 9:OOpm. Now, Therefore Be It Resolved: That the Buffalo Common Council approves the closing of W. Chippewa Street, between Elmwood mid Delaware Avenues from 4:OOpro until 9:OOpro; and Be It Finally Resolved: That all necessary documentation will be provided to the necessary City of Buffalo ADOPTED NO. 114 BY: BRIAN C. DAVIS SUBJECT: PERMISSION TO HANG A BANNERS ON WASHINGTON AND PEARL STREETS Whereas: Buffalo Place along with the business community in the Buffalo Place District are looking to move forward with their light pole banner program this year; and Whereas: Buffalo Place would like permission to hang banners along Washington Street and Pearl Street to advertise the business in the district. A complete list indicating the exact locations and pole numbers is attached; and Whereas: Buffalo Place is familiar with the banner requirements, and will purchase the necessary bond before the banners are hung. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo grants permission for Buffalo Place to hang banners from Thursday, May 1, 2008 until Friday, August 1, 2008; and Be It Finally Resolved: That the banners meet all the requirements of pertinent City Departments and that no existing laws are violated. ADOPTED NO. 116 BY: BRIAN C. DAVIS RE: PERMISSION TO HANG A BANNER ACROSS DELAWARE AVENUE IN FRONT OF TRINITY EPISCOPAL CHURCH Whereas: The Trinity Episcopal Church, located at 371 Delaware Avenue, will be hosting the Trinity White Elephant Sale; and Whereas: To celebrate the event, they would like permission to temporarily hang a banner across Delaware Avenue, directly in front of the Church, beginning Saturday, April 19 until Monday, May 5, 2008; and Whereas: The Trinity Episcopal Church is familiar with the banner requirements, and will purchase the necessary bond before the banner is hung. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo grants permission to the Trinity Episcopal Church to hang a banner advertising the Trinity White Elephant Sale; and Be It Further Resolved: That the Common Council of the City of Buffalo grants permission for the Trinity Episcopal Church to hang a banner will hang from Saturday, April 19 until Monday, May 5, 2008 at 371 Delaware Avenue; and Be It Finally Resolved: That the banner meets all the requirements of pertinent City departments and that no existing laws are violated. ADOPTED BY: MR. KEARNS IICL10 1 1-11y4CZO721110 1 1IR NO. 116 CAPITAL PROJECTS That, Pursuant to §20 -12 of the Charter and the Certificate of the !V/ Mayor and the Comptroller submitted to the Common Council, the sum of $1,750,000 be and hereby is transferred and reappropriated as set forth below. From: 17422008 - 487202 Dbt Svc RAN Interest $1,750,000 To: 16550007- 471010 Land Improvement $1,750,000 PASSED AYES -9 NOES -0 -Y ALTil:a * 1:7 TRANSFER OF FUNDS NO. 117 VARIOUS FIRE 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 $2,796,193 be and the same is hereby transferred to the Fire Department and said sum is hereby reappropriated as set forth below. From: 17221008 - 480201 Uncollectible Accounts Receivable $360,642 17301002 - 421002 Health Care active Employees $1,435,551 17303002 - 423001 ERS Pension $1,000,000 Total $2,796,193 To: 12132001- 411001 Salary $1,947,684 12132001 - 413001 Overtime $554,740 12132001 - 413002 Holiday $61,484 12132001 - 413005 Court $1,388 12132001- 413003 Acting $14,067 12139001 - 412002 Duty Disability Total NO. 128 CCP March 4, 2008 is hereby rescinded PASSED AYES -9 NOES -0 $216,830 $2 796 193 NO. 118 BY: MS. RUSSELL BUDGET AND PERSONNEL AMENDMENT 01 - LEGISLATIVE 1010 - COUNCILMEMBER # 9, 1011 - COUNCILMEMBER # 10, 1012 - COUNCILMEMBER # 11 The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 01 - Legislative- 1010 - Councilmember # 9, 1011- Councilmember #10, and 1012- Councilmember #11 which currently reads: 10110001 - 41 1001 Salary 1 Legislative Aide $ 30,258 10111001- 411001 Salary (1) Legislative Assistant $ 34,631 101120010 - 411001 Salary (1) 1 Senior Legislative Assistant $39,003 Is hereby amended to read: 10110001- 411001 Salary 0 Legislative Aide 1 Legislative Assistant $30,258 10111001- 411001 Salary 1 Senior Legislative Assistant $39,003 10112001- 411001 Salary 1 Legislative Aide $30,258 That a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position GERALD A. CHWAL1 NSKI, CITY CLERK AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. GERALD A. CHWALINSKI CITY CLERK DONNA J. ESTRICH DIRECTOR OF BUDGET ADMINISTRATION AND FINANCE .APPROVED AS TO FORM Corporation Counsel 0212812008 Attachment PASSED AYES -9 NOES -0 NO. 119 BY BONNIE E RUSSELL REQUEST THAT THE PRESIDENT OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO ( "UB ") MEET WITH REPRESENTATIVES FROM THE CITY OF BUFFALO AS WELL AS MEMBERS OF THE UNIVERSITY HEIGHTS COMMUNITY IN ORDER TO DISCUSS THE SAFTEY CONCERNS OF UB STUDENTS WHO RESIDE IN THE UNIVERSITY DISTRICT AS WELL AS THE FEASIBILITY OF INSTITUTING MANDATORY SAFTEY AND QUALITY OF LIFE TRAINING FOR UB STUDENTS WHO LIVE OFF CAMPUS. WHEREAS: The University Heights District has recently seen a series of high profile robberies and other violent crimes in which the victims, and in some cases the perpetrators, have been UB students who live in the area; and WHEREAS: The University Heights District is home to between 2,000 and 3,000 UB students, many of whom live in off - campus housing; and WHEREAS: As a result of these crimes and the resulting media coverage, some UB students and their families have expressed concern that the University Heights neighborhood is an especially dangerous area, which is an inaccurate and unfair portrayal of this community; and WHEREAS: Residents of the University Heights area reject and take umbrage with this negative portrayal of a community in which they take great pride; and WHEREAS: One is at risk of becoming a victim of crime no matter where one lives but people, and especially women, can lower their risk of becoming a victim, by exercising extra caution when travelling alone or at night; and WHEREAS: Crime is a community problem and thus any steps which are taken to reduce crime will only be effective if the entire community is involved; and WHEREAS: Many UB students who live in the University District have not previously lived in an urban setting, and both they and their parents would benefit from them receiving training from UB on what they can do to decrease the likelihood that they may be a target of crime; and WHEREAS: In addition to reducing crime, closer collaboration and more open communication between the students and administration of UB, the City of Buffalo, and University Heights residents will make the University District a stronger community for all; and NOW THEREORE BE IT RESOLVED: That the City of Buffalo Common Council hereby requests that UB adopt a policy whereby students that desire to live off - campus in the University District are required to receive mandatory training to educate them on what they can do to decrease their likelihood of becoming a victim of crime as well as training on the importance of quality of life initiatives should they become a resident of an off - campus neighborhood; and BE IT IS FURTHER RESOLVED: That the City of Buffalo Common Council re, quests that a meeting be arranged whereby representatives of UB, the City of Buffalo and the University District Community can discuss steps that can be taken to encourage closer collaboration between said parties to increase public safety and allay the fears of students who reside in the University District. Bonnie E. Russell ADOPTED NO. 120 BY: MR. SMITH MORATORIUM ON DELI LICENSE RENEWALS WHEREAS, The Common Council has been inundated with calls from constituents pertaining to the deleterious affects of certain dell stores on the neighborhoods of the City of Buffalo, including the creation of high crime areas and unsafe conditions for the surrounding community; WHEREAS, All Food Store licenses issued pursuant to Chapter 194 of the City Charter and Code will be up for renewal on April 1, 2008 and the Common Council is exploring ways to make itself more involved in the renewal process, thereby insuring that its concerns regarding dell stores are adequately investigated prior to renewal; WHEREAS, The Commissioner of the Department of Economic Development, Permits and Inspection Services has appeared before the Legislation Committee and has indicated his willingness to delay the renewal of these licenses until a procedure with greater Council involvement is established; WHEREAS, All licensees whose licenses expire on April 1 sc, 2008 shall continue to operate until notice of non - renewal and an opportunity to be heard regarding the reasons therefore is conducted; NOW, THEREFORE, BE IT RESOLVED: That the Common Council hereby issues a moratorium on the renewal of all Food Store Licenses for a period of thirty days, commencing on the date of approval of this Resolution and continuing for thirty days thereafter and directs the Department of Economic Development, . Permits and Inspection Services to withhold formal renewal of said licenses for the thirty day period prescribed herein. PASSED AYES -9 NOES -0 NO. 121 BY: MR. SMITH AND ALL COUNCILMEMBERS RE: ORDINANCE AMENDMENT CHAPTER 194, FOOD STORES The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 194 of the Code of the City of Buffalo be amended to read as follows: § 194 -1. Definitions. As used in this chapter, the following terms shall have the meanings indicated: ACCESSORY USE -- Constitutes a maximum of 15% of the use of said business establishment. In no case shall such accessory use dominate, in area, extent or purpose, or in any way exceed 15% of the primary and main use established by the Department of Permit and Inspection Services for such business establishment. COMMERCIAL KITCHEN -- Cooking facilities used for the preparation of food, such as but not limited to commercial ranges, ovens, broilers, grills, griddles, char boilers, pizza ovens, deep- fat -frying equipment or any other similar equipment as so determined by the Department of Permit and Inspection Services. DEPARTMENT -- The Department of Permit and Inspection Services, the Commissioner of Permit and Inspection Services and his or her designee acting under the Commissioner's authority. FOOD STORE -- Any commercial establishment with a total floor space of 20,000 square feet or less, of which the primary use (85% or more) is devoted to the sale and /or display of, but not limited to, cigarettes, dry goods, bottled or canned beverages and prepackaged foods not prepared on the premises. This definition shall not include residential space that may be adjacent to such food store. PRIMARY USE -- Constitutes a minimum of 85% of the principal and main use of the business establishment. The primary use shall be determined and established by the Department of Permit and Inspection Services. § 194 -2. License required. No person, firm, corporation or other entity shall operate, maintain or engage in the business of operating a food store in the City of Buffalo without first having been issued a license by the Department of Permit and Inspection Services pursuant to a verified written application upon a form provided by the Department. § 194 -3. Referral and approval of license application. A. All new applications shall be referred to the Department of Permit and Inspection Services Permit Office to determine compliance with all applicable City zoning laws and ordinances, including determination of permitted and established use of the property location. B. All new applications and the renewals therefor shall be referred to the Department of Permit and Inspection Services Inspections Division to determine that the building meets all City and state building codes and to determine whether the business meets and is conforming with any and all established primary and accessory uses. C. All new applications shall be referred to the Department of Fire to determine that the property location meets all applicable New York State Fire Codes. D. All new applications and the renewals therefor shall be referred to the Department of Police for their investigation regarding the moral character of the applicant and an incident history of the property location, with a recommendation for approval or disapproval of the application. All recommendations for disapproval must state the reason for such disapproval in writing. E. The City of Buffalo reserves the right to make unannounced, periodic on -site inspections during business hours by any of the aforementioned enforcement agencies to ensure compliance with all applicable laws and ordinances. F. All new applications and renewals therefor subject to this chapter shall require Common Council approval. Any license granted under this chapter may be suspended, revoked or renewal thereof refused by the Common Council, after notice and hearing [before it]. [Added 11 -16 -2004, effective 11 -24 -2004] § 194 -4. Operation of business. A. The owner /operator of any licensed food store shall comply with all provisions of federal, state and local laws and ordinances relating to the conduct of the business, use and maintenance of the premises. B. The owner /operator of any licensed food store shall comply with all notices, orders, decisions and rules and regulations made by the Department of Permit and Inspection Services. C. A licensed food store shall not have a commercial kitchen, and there shall not be any on -site food consumption or public assembly at on -site public seating areas on the premises. D. Any person, firm, corporation or other entity violating the provisions of this chapter may be liable for penalties as prescribed in Chapter 137, Article I, of this Code, and may be subject to immediate closure by the Buffalo Police Department and /or the Department of Permit and Inspection Services. § 194 -5. Transferability and expiration of license. A. All licenses are nontransferable. All licenses issued are valid for only the owner /operator and business location indicated on the license. Any change in business ownership or business location requires a new application. B. Said license shall expire annually on April 1 after the issuance thereof, unless revoked by the Department of Permit and Inspection Services for cause. C. The annual fee for a food store license shall be as provided in Chapter 175, Fees. § 194 -6. Complaints. Written complaints may be received by the Department. Upon investigation, the Department may require a meeting with the owner /operator to determine whether a food store license should be suspended or revoked, or whether a license should be renewed. If outstanding complaints are not resolved, a hearing will be held before the revocation or suspension of the license or renewal is granted. § 194 -7. Revocation, suspension or nonrenewal of license. The license of any person, firm, corporation or other entity granted under this chapter may be revoked, suspended or not renewed by the Commissioner of Economic Development and Permit and Inspection Services upon determination by the Department, after notice and hearing, that the applicant and /or licensee does not meet the requirements of state law, or the Charter and Code of the City of Buffalo for such license, or such applicant and /or licensee has not operated in compliance with such requirements. A license for a food store may not be renewed or renewed with conditions if, after notice and hearing, it has been determined that a food store owner /operator has not operated such food store in compliance with this chapter or other applicable laws and codes. Such nonrenewal shall be issued in writing and may be appealed pursuant to Article 78 of the Civil Practice Law and Rules. The Commissioner of Economic Development and Permit and Inspection Services may designate an Administrative Law Judge, who shall be an attorney admitted to practice in the State of New York for at least three years, to administer hearings held pursuant to this chapter. Said Administrative Law Judge shall recommend to the Commissioner of the Department of Economic Development and Permit and Inspection Services whether a license should be revoked, suspended, or renewal thereof refused, after notice and heating. § 194 -7.1 Procedure governing license renewals. A. On or before the first day of March of each year, the Department of Permits and Inspections Services shall forward to the Common Council a list of licenses issued pursuant to this Chapter, which shall expire on the first day of April of each year. B. On or before the first day of May of each year, the Common Council shall indicate to the Department in writing, each licensee it believes requires further investigation by the Department prior to the license being renewed. C. The Common Council shall also forward to the Department any and all information it deems to be pertinent to the Department's investigation of the licensee. D. Renewal of each license that is not specifically designated by the Common Council for investigation by the Department on or before the first day of May of each year shall be subject to the renewal provisions of § 194 -7 of this Chapter. E. Renewal of each license designated for further investigation by the Common Council shall be governed by the following provisions of this section. F. If the Department determines that sufficient evidence exists to deny the renewal of a license, the Department shall provide the licensee with notice and an opportunity to be heard regarding the renewal of his or her license and shall also forward a copy of said correspondence to the Common Council for its information. G. The Department shall cause any hearings to be conducted in accordance with the provisions of § 197 -1 of this Chapter. H. If the Department denies the renewal of a license after notice to the licensee and n hearing, it shall not \f7 the Common Council of said denial in writing forthwith. I. If the Department has caused a hearing to be conducted regarding the renewal of a license, but has found that insufficient evidence exists to deny the renewal of said license, and recommends approval of the license or approval with conditions, the Department shall forward its decision to the Common Council for final approval. J. If the Department, after investigation, but before conducting a hearing, determines that insufficient evidence exists to deny the renewal of a license that the Common Council has caused to be investigated; it shall forward the basis of said determination to the Common Council for its review. If the Common Council disagrees with the Department's determination, it mac designate an Administrative Law Judge, who shall be an attorney admitted to practice in the State of New York for at least three years, to administer hearings pursuant to this chapter. K. If the Common Council determines after said hearing is held, and after receipt of the record and the recommendation of the Administrative Law Judge, that sufficient evidence exists to deny the renewal of a license issued pursuant to this Chapter, it may deny said renewal in writing. L. The concurrent approval of both the Common Council and the Department are. required for the renewal of a license issued hereunder, consistent with the provisions of this section. § 194 -8. Closure for operation without license. Any food store operating without the required food store license shall be immediately closed by order of the Buffalo Police Department or the Department of Permit and Inspection Services. Every day of operation without a license shall constitute a separate violation. § 194 -9. Check cashing service notification. Effective January 1, 2007, any food store that provides, or intends to provide, check cashing services to customers for a fee shall notify the City Clerk in writing of such service or intention. APPROVED AS TO FORM Asst. Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 122 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONER OF DEEDS That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2008, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Patricia Starks William Buzak Joseph McMahon Ken Mott David Howard Total: 4 ADOPTED NO. 123 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, April 8, 2008 at 9:45 o'clock A.M. Committee on Finance Tuesday, April 8„ 2008 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, April 8, 2008 at 1:00 o'clock P.M. Committee on Legislation Tuesday, April 8, 2008 at 2:00 o'clock P.M. Special Committees Sub - Committee on BiNational Bridges, Thursday, April 10, 2008 at 2:00 o'clock PM in Room 1417 City Hall (Public Disclaimer All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City 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. 124 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mr. Kearns, the Council adjourned at 3:15 pm GERALD CHWAL1 NSKI CITY CLERK BOARD OF POLICE AND FIRE PENSION PROCEEDINGS #3 OFFICE OF THE MAYOR -201 CITY HALL MARCH 20, 2008 Present: H. McCarthy Gipson, Commissioner of Police, Darryl McPherson, City Auditor, Gerald Chwalinski, City Clerk The Journal of the last meeting was approved. No. 1 1 transmit herewith the Pension Payroll for the Fire Pension Fund for the month of March amounting to $3,740.00 and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes -3. Noes -0. No. 2 1 transmit herewith the Pension Payroll for the Police Pension Fund for the month of March 2008 amounting to $3,760.00, respectively, and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes -3. Noes -0. No 3 The following Annuitant was cancelled from the Fire Pension Fund Payroll Frances McGee Died November 2, 2007. The City Clerk's Office was notified on March 13, 2008. All checks will be returned. Received and Filed No. 4 On motion by Mr. McPherson the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:08 a.m. SPECIAL SESSION MARCH 26, 2008 March 25, 2008 Hon. David A. Franczyk President Common Council 1315 City Hall Buffalo, New York Dear Sir: WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council, pursuant to Section 3.9 of the Charter of the City of Buffalo, for the following purpose: To receive and take appropriate action on All items pertaining to 1. Dunn Tire Park - Amendment to Second Sublease We request that this Special Meeting be held on March 26, 2008 at 10:25 AM. Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit: DAVIS A RIVERA MICHAEL LoCURTO BRIAN DAVIS RICHARD FONTANA JOSEPH GOLOMBEK MICHAEL P KEARNS BONNIE E, RUSSELL DEMONE SMITH Hereby agrees that the twenty four (24) hour's notice be waived of the time and purpose of the Common Council duly called to be held on March 26, 2008 at 10:25 A.M. Demone Smith Michael P. Kearns Richard Fontana Joseph Golombek Brian C. Davis Bonnie E. Russell Michael J. LoCurto David A. Rivera STATE OF NEW YORK COUNTY OF ERIE) ss: CITY OF BUFFALO) On this 25 Day of March 2008, before me, the subscribers, personally appeared To me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same. Wilmer Olivencia Commissioner of Deeds, in and for the City of Buffalo, N.Y. My Commission expires 12/31/08 NO. 1 CALL FOR SPECIAL SESSION Mr. Gerald A. Chwalinski City Clerk 1308 City Hall Buffalo, New York Dear Mr. Chwalinski: Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated March 25, 2008 presented to you herewith, I hereby call a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on March 26, 2008 at 10:25 A.M. for the following purposes: To receive and take appropriate action on All Items Relating To 1. Dunn Tire Park - Amendment to Second Sublease Yours very truly, David A. Franczyk President of the Council RECEIVED AND FILED NO. 2 DUNN TIRE PARK AMENDMENT TO 2ND SUBLEASE ITEM NO. 37 C.C.P. 03/18/08 Attached please find the Dunn Tire Park Amendment to Second Sublease. It was Received and Filed by the Common Council on March 18, 2008. The item was one of three items filed in conjunction with the one -year extension of the Dunn Tire Park Lease arrangements between the City and the Bisons. The terms of the agreement were previously discussed in a Special Finance Committee Meeting and at Caucus on March 17, 2008. Due to clerical error this item was filed separately and therefore not officially approved by the Council at the March 18, 2008 meeting. We therefore respectfully request that your Honorable Body approve the agreement at a Special Meeting. Mr. Fontana moved: That the above communication from the Department of Law, dated March 25, 2008, be received and filed; and That the attached Amendment to Second Sublease between the City of Buffalo and Bison Baseball, Inc. is approved upon the terms and conditions set forth therein and that the Mayor is authorized to execute the Amendment to the Second Sublease forthwith. PASSED AYES -7 NOES -0 NO3 ADJOURNMENT On a Motion by Mr. Fontana Seconded by Mr. Kearns The Council adjourned at 10:35 am Wilmer Olivencia Deputy City Clerk