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HomeMy WebLinkAbout08-0429 (2)No. 9 PROCEEDINGS OF THE CITY OF BUFFALO April 29, 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 29, 2008 MAYOR 1- A. Appt Chrystal Rodriguez As Executive Director of Comm on Cit Right LEG,COL MAYOR - EXECUTIVE 2- 1. Plan Bd- Negative Declaration -175 Division South(Ell) R &F 3- 2. Plan Bd- Negative Declaration -25 Rumsey Lane(Del) R &F 4- 3. Plan Bd -SEQR Negative Declaration -1180 Abbott Rd(South) R &F 5- 4. Plan Bd -SEQR Negative Declaration -1827 Fillmore North(Mas) R &F 6- 5. Plan Bd -SEQR Negative Declaration -59 Hager St(Mas) R &F 7- 6. Plan Bd -SEQR Negative Declaration -53 Hopkins St(South) R &F 8- 7. Plan Bd -SEQR Negative Declaration -100 James E. Casey Dr R &F 9- 8. Plan Bd -SEQR Negative Declaration -367 Lakefront Blvd(Ell) R &F 10- 9. Plan Bd -SEQR Negative Declaration -180 Perry St(Fill) R &F 11- 10. Plan Bd -SEQR Negative Declaration -1670 Seneca St(South) R &F 12- 11. Plan Bd -SEQR Negative Declaration -31 St. Georges Sq(Nia) R &F 13- 12. Plan Bd -SEQR Negative Declaration -453 West Ave(Nia) R &F 14- 13. Strat Plan -Perm to Designate Redeveloper 275 -279 Kehr /549 Winslow(Mas) CD 15- 14. Strat Plan- September 22, 2007 Real Estate Auction FIN 16- 15. Strat Plan- Report of Auction- Strauss(Fill) CD 17- 16. Strat Plan - Results of Negotiations -13 Parcels APP 18- 17. Strat Plan - Results of Negotiations -6 Crossman(Lov) APP 19- 17A Strat Plan -SEQR -Lead Agency Designation - Willert Park R &F 20- 17B Strat Plan- Negative Declaration- Empire Zones # 38 and 74 ADOPT COMPTROLLER 21- 18. Cert of Nec- Transfer of FUnds(PVB) R &F 22- 18A Cert of Nec- Transfer in Funds Common Council # 11 R &F COUNCIL PRESIDENT 23- 19. Schedule of Common Council Committee Meetings and Budget Hearings BUDGET ASSESSMENT 24- 20. Req City Depts & BURA to Submit Travel Exp from 7/2006( #127,4/15) FIN PUBLIC WORKS 25- 21. Notification Serial #10210- 10216(Waive 45 Days) R &F 26- 22. Change in Contract Cazenovia Park Golf Course(South) APP 27- 23. Report of Bids - Buffalo Zoological Gardens(Del) APP 28- 24. Req Response -Time Warner -Fees Assessed to Councilmembers FIN 29- 24A JB Wiley Sports Complex Partnership Agmt(EII) FIN 30- 25. Appt Supervisor of Maintenance I (Perm)(2 Step)(Krathaus) CS POLICE 31- 26. SAFF Reports and Current Status FIN CORPORATION COUNSEL 32- 27. Municipal Code Violations Report R &F 33- 28. Niagara Vistacom d /b /a United Energy Manag v. COB APP PERMITS AND INSPECTIONS 34- 29. Food Store License -2235 Genesee(Lov) APP W /COND 35- 30. Food Store License -1624 William(Lov) LEG 36- 31. Restaurant Dance Class 4 -79 West Chippewa(Ell) APP W /COND 37- 32. Restaurant Dance Class III -228 Franklin(Ell) LEG 38- 33. Restaurant Dance License(Renewal) 1 Main (Ell) APP 39- 34. Resolution for Sonwil Distribution Ctr -Shift of Operations CD 40- 35. Appt Account Clk Typist (Prov) (4 Step)(Doyle) CS COMMISSION ON CITIZEN RIGHTS AND COMMUNITY RELATIONS 41- 36. Req City Depts & BURA to Submit Travel Expenses From 7/2006 FIN 42- 36A Appt Executive Director of Comm on Cit Rights(Exempt)(Rodriguez) CS SEWER AUTHORITY 43- 37. BSA Operating Fund Budget 2008 -2009 R &F CITY CLERK 44- 38. Travel Info for Councilmembers FIN 45- 39. Mayor Reported Out of State R &F 46- 39A Mayor Reported Out of State R &F 47- 40. Liquor License Applications R &F 48- 41. Leaves of Absence R &F 49- 42. Reports of Attendance R &F MISCELLANEOUS 50- 43. D. Boyle -NYSLA -Info Liquor License Applications R &F 51- 44. COB Living Wage Common Annual Report for 2007 LEG 52- 44A Common Council- 2008 -2009 Annual Action Plan LEG 53- 45. B. Davis - Concerns Civil Service Exam for Police Lieut. CS 54- 46. B. Davis -Fruit Belt United Req to Purchase 172 Mulberry St CD 55- 47. B. Davis - Support Letter for Marine Drive Site Manager R &F 56- 48. B. Davis - Support Letter for Sale of Main PI Ramp to Main PI Liberty Group FIN 57- 49. B. Davis -Using Col Ward Pumping Station for Bflo Maritime Museum W /FRONT 58- 50. P. Evans -Jesse Ketchum Memorial Fund Annual Report FY 2005 & 2006 R &F 59- 51. FEMA -Final Flood Elevation Determinations W /FRONT 60- 52. K. Lewandowski - NYSDEC - Brownfield Cleanup Prog Appl. - Buffalo Color Corp LEG 61- 53. NYSDEC - Brownfield Cleanup -229 Elk St(Fill) CD 62- 54. NYSDEC - Brownfield Cleanup -85 Lee St((Fill) CD 63- 55. NYSDEC -COB Draft Local W /Front Revitalization Plan CD 64- 56. NYSDEC - National Flood Insurance Program W /FRONT 65- 57. G. Walter- Labatt Labels Reflecting Bflo NY Headquarters R &F PETITIONS 66- 58. P. Lalley, Owner, Use 2134 Seneca St, For A Outdoor Cafe(South)(hrg 5/6) LEG,CPBD 67- 59. P. Gregory, Agent, Use 175 Division South for A Parking Lot(EII)(Hrg 5/6/) LEG.CPBD 68- 60. D. Suchan, Agent, Use 565 Abbott Rd, Mercy Hosp. for A Helipad(South)(hrg 5/6) LEG,CPBD 69- 61. D. Moeller, Agent, Use 120 Broadway for a Pole Sign(EII)(hrg 5/6) LEG,CPBD 70- 62. P. Johnson, Agent, Use 765 Elmwood to Expand an Existing Rest(Del) (hrg 5 /6)LEG,CPBD 71- 63. C. Avino -Speed Limit Around Bflo Naval Park - Marine Dr W /FRONT,POL,PW RESOLUTIONS 112- 63A Davis, etc Req NYS Leg to Prohibit Indiv. Who Make Racially- Offensive or Insensitive Remarks From Maint. Or Obtaining Public Leases ADOPT 1 ST & 3 RD RES -REM TO LEG, CC 113- 64. Golombek The Need for a Greater Police Presence in COB ADOPT 1 ST RES THE 2 ND TO LEG 114- 64A Golombek LL Intro# 2 -Amend Article 6 Empire Zone# 38 APP 115- 64B Golombek LL Intro# 3 -Amend Article 6 Empire Zone# 74 APP 116- 64C Golombek Resolution Supporting and Concurring in The COB'S Application Redesignation Areas in Empire Zone# 74 APP 117- 64D Golombek D/C Legislation ccp #108,03/04 ADOPT D/C APP 118- 64E Golombek Resolution Supporting and Concurring in The COB'S Application Redesignation Areas in Empire Zone #38 APP 119- 65. Kearns Transfer of Funds - Parking Violations FIN 120- 65A Kearns Transfer in Funds - Common Council -# 11 APP 121- 66. LoCurto City Depts to Provide 24 hr and Take Home City Monitor Vehicle Use ADOPT 1 2" & 3rd RES, REM TO FIN 122- 66A LoCurto, etc Ord Amend -Ch 413 Streets and Sidewalks LEG 123- 66B LoCurto, etc Req and audit of Mayor's Impact Team FIN 124- 67. Rivera In Support of The Chief Petty Officer's Club ADOPT 125- 68. Smith Budget Amendments BUDGET 126- 69. Smith Trailblazing Sign Request for Mack Luchey LEG,PW SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 85- 14. No 67 Apr 15 72- 1. Com 26 Apr 15 Appt Street Repair Worker (Temp)(Inter)(Howard)(PW) APP 73- 2. Com 48 Apr 15 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F FINANCE R &F 87- 16. No 69 74- 3. Com 13 Apr 15 Additional Information - Federal Financial Assistance(Compt) R &F RECOMMIT 88- 17. No71 75- 4. Com 28 Apr 15 Drug Asset Forfeiture Wire Transfers(Pol) R &F 76- 5. No 57 Apr 15 M. Kearns -R. Chapin- Letter Re GLF Grain Elevator /Mill Complex LEG 77- 6. No 66 Apr 15 D. Szmanski - NYSDEC- Repair Issues -Bern Metal /Universal Metal SiteR &F 91- 20. Com 31 78- 7. No 91 Apr 15 Friends to the Elderly Lease Agreement( #143,12/11)( #55,12/26) APP 79- 8. Com 7 Apr 1 Rescind Sale and Return Deposit 1756 Genesee (Lov)(Strat Plan) APP 80- 9. No 45 Mar 18 A. Thompson -Req Audit of Financial Records BFSA -at Least 3 yrs R &F COMMUNITY DEVELOPMENT Req( #53,4/1) 81- 10. Com 7 Apr 15 Results Neg 441 East Ferry (Mas)(Strat Plan) RECOMMIT 82- 11. Com 8 Apr 15 Results Neg 95 Reed (Fill)(Strat Plan) APP 83- 12. No 47 Apr 1 B. Davis - Parking Lot 175 S. Division LEG 84- 13. No 48 Apr 1 B. Davis - Willert Park Village Comm Assoc - Opposition to D. Smith - Canisius College- Replacement of Athletic Field Turf R &F 97- 26. No 92 108 Sycamore Project R &F LEGISLATION 85- 14. No 67 Apr 15 C. Barrett, Agent, Use 1000 Elmwood Ave, Expansion of A Restaurant (hrg 4 /22)(North) APP 86- 15. No 68 Apr 15 D. Fleming, Agent Use 137 Mulberry for A HSF(EII)(No Pub Hrg) R &F 87- 16. No 69 Apr 15 G. Smith, Owner, Use 19 Clyde St, Used Car Sales (Univ)(No Pub Hrg) RECOMMIT 88- 17. No71 Apr 15 J. Palmer, Agent, Use 410 Massachusetts, For A HSF(Nia) R &F 89- 18. No 72 Apr 15 D. Jackson - Support Deli, 255 Carolina(Ell) R &F 90- 19. Com 30 Apr 15 LL Intro #1- Chapter 20- Budget (CorpCoun) R &F 91- 20. Com 31 Apr 15 Basil Group Req. for Removal of Easement -1180 Abbott Rd ( #53,4/1)(CC) RECOMMIT 92- 21. No 107 Apr 15 M. Kearns -Basil Group -Req Removal of Easement 1180 Abbott Rd- Req( #53,4/1) R &F 93- 22. Com 38 Apr 15 Restaurant Dance License Renewal -33 E. Ferry(Mas)(EDPI) APP 94- 23. Com 39 Apr 15 Restaurant Dance License Renewal -2426 South Park(South)(EDPI) APP 95- 24. No 63 Apr 15 M. Rodgers- Against Petition to Support Deli -255 Carolina R &F 96- 25. No 65 Apr 15 D. Smith - Canisius College- Replacement of Athletic Field Turf R &F 97- 26. No 92 Apr 15 J. Booth - Bicycle Pedestrian Advisory Bd Complete Streets Policy(PW)( #13,4/1) R &F 98- 27. No 101 Apr 15 Food Store License - 117 -119 Colvin(Del)(EDPI)( #27,4/1) APP 99- 28. No 116 Apr 15 Amend Ch 511 /City Code to Restrict Docking of Vessels in Bflo Coastal Rev Dist(Mayor)( #2,2/5) R &F 100 -29. No 117 Apr 15 Ord Amend Ch 511 Zoning -Bflo Coastal Spec Rev District( #97,2/5) APP 101 -30. No 119 Apr 15 Food Store License -389 Grider(Mas)(EDPI)( #44,3/4) APP 102 -31. No 46 Mar 18 R. Webster- Regarding No Parking on Colombia St APP 103 -32. No 67 Mar 4 Site Cleanliness & Recycling Ord - Chicago R &F 104 -33. No. 116 Mar 4 Used Car Dealer 1905 Genesee(Lov)(EDPI)(21,02 /05)(75,02/19) APP WATERFRONT DEVELOPMENT 105 -34. No 49 Apr 1 S. Doleski- NYSDEC- Dismantling Barge Lansdowne -South End Marina Bflo Harbor COB R &F 106 -35. Com 3 Apr 15 ECHDC- Project Connecting Inner and Outer Harbor(Mayor) R &F 107 -36. No 59 Nov 13 M. Kearns -J. Zappieri- Proposed Southtowns Connector Project( #45,10/30) R &F 108 -37. No 84 Oct 16 S. Gee- NYSD OT- Response Southtowns Connector Project( #66,10/2) R &F 109 -38. No 39 Sept 18 M. Kearns - NYSDOT to Reconsider its Plan for Southtowns Connector Project R &F 110 -39. No 44 Oct 17 D. Franczyk -J. Mascia- Concerns - Marine Drive Apts. R &F 111 -40. No 76 July 10 M. Kearns -Info Res Having a Council Rep Serve on the Erie Canal Harbor Dev Corp( #69,6/26) R &F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, APRIL29, 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 April 15, 2008 were approved. FROM THE MAYOR NO 1 APPOINTMENT OF CRYSTAL RODRIGUEZ EXECUTIVE DIRECTOR COMMISSION ON CITIZENS' RIGHTS & COMMUNITY RELATIONS Attached please find a copy of a letter my office received on April 22, 2008 regarding the Commission on Citizens' Rights & Community Relations appointment of Crystal Rodriguez to serve as the Executive Director. Dear Mayor Brown: On behalf of the Commissioners of the Commission on Citizens' Rights and Community Relations, I am pleased to announce that Ms. Crystal Rodriguez will be appointed to serve as Executive Director of the Commission. The Commission had received and reviewed approximately twelve resumes for the Executive Director's position and interviewed five candidates. At the conclusion of the process, the Commissioners unanimously decided to recommend Ms. Rodriguez for appointment to this position. A copy of Ms. Rodriguez's resume is included for your review. Thank you for you continued support of the Commission and its work on behalf of the citizens of Buffalo. If you have any questions or require further information, please let me know. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD NO2 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON - SIGNIFICANCE A/P # 110494 APPLICANT: Ellicott Group LLC, 295 Main Street, Buffalo New York 14202 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 City Hall Room 901: 65 Niagara Square Buffalo, New York 14202 Per the provisions of SEAR, the Planning Board as the Lead Agency has reviewed the following action as it relates to the environment and has determined that the proposed action described below will not have a significant environmental impact and a Draft Environmental Impact Statement will not be prepared. Name of Action: -Erect and use 175 South Division Street as a Surface Parking Lot. - Citywide Design and Site Plan Review under §511 -137 of the Buffalo City Code. Location: 175 South Division Street, Buffalo, New York 14204, County of Erie, State of New York (bounded by Michigan Avenue to the west, South Division Street to the North, and Swan Street to south). Type of Action: Unlisted - Uncoordinated Description: Ellicott Group LLC is proposing to erect and use a vacant parcel of land located at 175 South Division Street for a non- conforming, 150 -car surface parking lot. The parcel is 240 feet wide by 240 feet deep and is currently used as a vacant lot. The proposed parking lot will be graded and paved, access will be limited to Michigan Avenue and it will have appropriate site drainage. Additionally, the parking lot will be lit and monitored with security cameras and includes a 25 to 30 wide foot landscaped buffer with a wood privacy fence, berming and trees along the rear of the property. The parking lot's use will be limited to students of Erie County Community College pursuant to a Lease between the College and the Developer submitted to this Board. As a result of this Environmental Review, the Lead Agency has determined that 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 approving the site plan as presented and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this determination include as follows: (1) The general traffic /parking analyses for the proposed 150 space surface parking lot indicates that the section of Michigan Avenue abutting the parcel (the only street from which ingress and egress to the lot will provided) services an approximate average daily total of 4500 vehicles and parking will be restricted to students of Erie Community College. Therefore the students that will be parking in the lot are part of the existing traffic volumes on the street system, traffic in the area is not expected to increase, and there will not be any substantial change in existing air quality, traffic or noise levels. (2) The site is currently a vacant grass field on the western corner of a residential neighborhood that is three blocks east of Erie Community College and is located at the end of a block which consists of a number of commercial properties, including two surface parking lots located directly across the street from the property, and a number of other commercial and institutional uses located in the vicinity. Some of these uses include: AME Zion Church, Chefs Restaurant, D &M Plywood, D &R Auto, DiTondo's Restaurant, First Shiloh Baptist Church, McCullough Coffee and Sheehan Memorial Hospital, many of which have parking lots accessory to their establishments. Since all residential properties are located behind the property allowing the construction of the parking lot as proposed will not impair the quality or character of aesthetic resources or of the existing community or neighborhood character. The parking lot's design, which separates the residential neighborhood to its rear from the parking lot by restricting access to the Michigan Avenue side, and utilizing a 25 to 30 foot wide buffer consisting of a berm, fence and trees will adequately buffer it from the residential area. Safety will be insured by providing 24 hour video surveillance, adequate lighting and restricting access to ECC students. (3) There appears to be no creation of a material conflict with the community's current plans or goals as approved, as the Resolutions pointed out by opponents to the project cite the demolition of current structures and their replacement with surface parking lots as being discouraged, while, in the instant case, the parcel is vacant land and the parking lot will be dedicated solely to students of Erie County Community College, whose facilities include the Old Post Office Building, the Flickinger Athletic Center and 45 Oak Street, which bring hundreds of students to the area to attend classes and activities and whose needs the parking lot will satisfy. While the parcel in question is located in what was known as a Home Ownership Zone (HOZO) said plan did not call for the residential development of this parcel and actually identified the parcel as commercial, privately -owned and vacant and delineated four zones within the general zone for residential development, which did not include the parcel the proposed parking lot development will be situated on. Additionally, there is no material conflict with the Queen City Hub Plan as the area in question is near several other surface parking lots and will serve to accommodate the expansion of ECC by providing affordable and dedicated parking to its students in a location that is particularly suited for said purpose given its proximity to the campus and its facilities; (4) The identified potential negative impacts appear to be 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 NO3 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON - SIGNIFICANCE APPLICANT: Natale Builders; Sue Ann Simonin (owner), 25 Rumsey Lane, Buffalo 14209 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR -State Environmental Quality Review) of the Environmental Conservation Law. City of Buffalo Planning Board Room 901: City Hall Buffalo, New York 14202 Per the provisions of SEAR, the Planning Board as the Lead Agency has reviewed the following action as it relates to the environment and has determined that the proposed action described below will not have a significant environmental impact mad a Draft Environmental Impact Statement will not be prepared. Name of Action - Construct a new home on 25 Rumsey Lane - Citywide Design and Site Plan Review (City Code §511 -137) 25 Rumsey Lane, Buffalo, New York 14209, County of Erie, State of New York Type of Action: Unlisted - Uncoordinated. Description: Natale Builders on behalf of the owner is proposing to construct a new home on the property located at 25 Rumsey Lane, Buffalo, New York. The home will be thirty five hundred (3500) square feet with four (4) bedrooms and three (3) baths. The house is being constructed on a residential site where a house was previously located. The previous house was demolished and the area is now a vacant lot. The project will be privately funded with the estimated cost of this project being four hundred thousand dollars ($400,000). As a result of this Environmental Review, the Lead Agency has determined that 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 approval of the site plan sought and a Draft Environmental Impact Statement will not be prepared. As Lead Agent, the Planning Board recognizes that the proposed action could be characterized as Type II under the SEQRA regulations (6 NYCRR §617.5(9)), the Planning Board has reviewed the approval of the project as an unlisted action and determined that the action will not have a significant adverse effect on the quality of the environment. Reasons Supporting This Determination: The facts and reasons for this determination include the following. The home is a private residence that will add continued stability to a currently stable upscale neighborhood in the City of Buffalo. The home will be two stories and will replace a one -story ranch structure, but its size, scale and massing are inline with the neighborhood character, in that the lot is adjacent to and /or very near several three story, much larger structures on Rumsey and Windsor Roads, meaning that the relatively small two -story structure will not alter the essential character of the neighborhood or be out of scale with its surroundings. Additionally the strategic use of landscaping and design elements including the use of green areas, setbacks and the placement of the garage (the largest design element of the structure) next to the garage of 21 Rumsey Lane harmonizes the project with adjoining sites on Rumsey Lane. 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. 0x61:11D /AIN- C N04 SEQRA NOTICE OF DETERMINATION NONSIGNIFICANCE 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 Basil Auto Dealership Used Car Facility Location: 1180 Abbott Road Type of Action: Unlisted - Uncoordinated Description: D.R. Chamberlin Corporation, Industrial - Commercial Construction on behalf of 1180 Abbott LLC is proposing the construction of a new 6,200 Sq. Ft. masonry and steel car sales facility on the property located at 1180 Abbott Road, Buffalo New York. The existing structure will be demolished. The only site work to be preformed is repairing the existing black top disturbed by the demolition and around the new building. Site lighting and curb cuts are to remain the same. New landscaping will be added to the site. The business will include the sale of used care with a service bay to prep the cars before they become available for sale. The facility will employ twelve to fifteen people and operate during regular business hours. The project is privately funded with the estimated cost being approximately $500,000 dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: the new construction will allow a former auto sales facility become viable and remove a neighborhood eyesore. The identified potential negative impacts appear to be primarily short -term site preparation and Construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, Contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hail, Buffalo New York 14202 - 716 851 -5085 RECEIVED AND FILED N06 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: Description: El Team Architects on behalf of the Buffalo Municipal Housing Authority is proposing the demolition of the buildings located on the property at 1827 North Fillmore Avenue, Buffalo New York, The proposed project is for the demolition of all the buildings and site infrastructure at the existing abandoned Buffalo Municipal Housing Authority Housing Development known as Kensington Heights. The housing was constructed in 1955 and occupied until 1981. The housing development is abandoned and has fallen into disrepair. The project will demolish and remove all buildings, roads, infrastructure and improvements on the site associated with the captioned housing project. After the demolition is complete, the site will be graded and finished with topsoil /grass and will be completely enclosed by a security fence leaving it shovel ready for future development. Funding for this demolition is from New York State and will be dispersed in accordance with the grant requirements administered by the Dormitory Authority of the State of New York (DASNY). The estimated cost of this project is approximately 5,000,000 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 demolish long vacant buildings and create a site ready for new development as well as remove a safety concern for the neighboring community, The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect, There are no actions, which will have a significant adverse impact on the environment, For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 RECEIVED AND FILED N06 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 Halt 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: Niagara Lutheran Home Parking Lot Expansion Location: 59 Hager Street Type of Action: Type I - Uncoordinated Description: Gordon W, Jones Associates on behalf of the Niagara Lutheran Home and Rehabilitation Center is proposing the expansion of their parking lot located on the property at, 59 Hager Street Buffalo New York, The project will include the expansion of the existing lot currently having 28 spaces increasing the number by 30 new spaces. The expansion will include properties located at 67, 71, and 73 Hager Street owned by Niagara Lutheran Homes, The City of Buffalo Preservation Board has reviewed this project (Hamlin park District) and has given their approval on July 19, 2007. The City of Buffalo Zoning Board of Appeals has also approved the required area variance on March 19, 2008. The project is privately funded with the estimated cost being approximately $80,000 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 the Niagara Lutheran Home and Rehabilitation Center remain a viable resource in the Hamlin Park community, The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. RECEIVED AND FILED N07 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 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 Building Addition Location: 53 Hopkins Street Type of Action: Unlisted- Uncoordinated Description: Richard Duman is proposing the construction of a building addition on the property at 53 Hopkins Street, Buffalo New York. The addition will be used to warehouse metal in preparation for finishing. The proposed project will include a one -story pre - engineered metal building connected to an existing one -story masonry/steel manufacturing plant. The building colors will include sandstone with green trim, white gutters and down spouts. The landscaping requirement has been met which will include the planting of 14 Woodward Globe Arborvitae with various perennials between the newly planted shrubs. The project will be privately funded with the estimated cost of this project being approximately 90,000 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 take a long established local business remain in the city and to continue to maintain profitability, 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 FILE N08 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 Meals on Wheels Commissary Addition Location: 100 James E. Casey Drive Type of Action: Unlisted - Uncoordinated Description: Carmina Wood Morris on behalf of Meals On Wheels for Western New York is proposing the construction of a new 27,000 Sq. Ft. pre engineered building. The expansion consists of a single story high bay structure with metal Panels, CMU masonry, standing seam roof system and a hallway connector between the new building and the current facility. Additional parking will also be completed as part of this project. The interior area will be used to provide a food processing center where hot and cold meals are to be prepared, packaged and then delivered to in need persons. The project is privately funded with the estimated cost being approximately $200,000 dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment, No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared, Reasons Supporting This Determination: The facts and reasons for this decision are as follows: The new addition will allow Meals On Wheels to remain a strong advocate for those in need of food preparation assistance, 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, RECEIVED AND FILED N09 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 BEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title: Neroo Development, Subdivision of Land, Construction of Townhouses Location 367 Lakefront Boulevard Type of Action: Unlisted- Coordinated Description: Neroo Development is proposing the Subdivision of land and the construction of thirty townhouses on the property located at 367 Lakefront Boulevard, Buffalo New York. The Final Subdivision Plat includes the Subdivision of 26 parcels of land into 30 lots for the construction of 30 new townhouses. A Zoning Board of Appeals Variance (511 -26) will be required for Lot Area, Front, Side & Rear Yard Requirements. Currently the project is proposed to be built on and undeveloped parcel of land on the east side of Lakefront Boulevard backing up to the railroad right of way. The phased development is proposed to begin with one, five -unit three -story building and would be completed with thirty, three story buildings. The homes are proposed with basement garages, similar brick, asphalt shingle and cedar exterior materials. Exterior stairs will lead to the main entry above the garage as well as new landscaping will surround the new Townhouses. The first phase of construction is scheduled to begin in Spring 2008 and be completed by the Fall of 2008. The final phase of the townhouse construction is anticipated to be completed in late 2010. The project will be privately funded with the estimated cost of this project being approximately 11.25 million dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will take a long vacant parcel of land to create a new housing development and generating a new tax base for 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 RECEIVED AND FILED NO. 10 SEQRA NOTICE OF DTERMINATION 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: Description: Simons, Carmina, Wood Morris LLC on behalf of the Seneca Nation of Indians is proposing the rehabilitation of the interior of the existing building located on the property at 180 Perry Street Buffalo New York. The project involves the renovation of the existing building that was home to the former Andsel Printing Company. The building is a single story structure with masonry bearing walls and cast in place concrete floor with steel roof joists. The floor area measures 29,000 sq. ft. the buildings exterior consists of brick veneer. All work will take place on the interior of the building; The building when complete will be the home of the Human Resources division of the Seneca Gaming Corporation. The new use will be to act as an application center and training center for new employees. The project is privately funded with the estimated cost being approximately $150,000 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 the Seneca Gaming Corporation a location to train their new employees. 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. RECEIVED AND FILED NO 11 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 Drive Through Doughnut Shop Location: 1670 Seneca Street Type of Action: Unlisted- Coordinated Description: Simon F. Manka, Esquire is proposing the construction of a Drive Through Donut Shop located on the property at 1670 Seneca Street, Buffalo New York. The project will include a five booth drive through coffee and donut shop designed to be utilized by commuters heading into the City of Buffalo. The proposed project will provide employment for a minimum of seven individuals up to twenty -five hours a week, five days a week. The donut shop property will include new landscaping, fencing and paved areas. The project has received support form the councilmember, neighboring residents and business organizations. The project will be privately funded with the estimated cost of this project being approximately 150,000 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 take a long vacant lot and create a positive environment for neighborhood residents. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. RECEIVED AND FILED NO 12 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 Nell Residence Location: 31 St. Georges Square Type of Action: Type I - Coordinated Description: John W. Wingfalder on behalf of Peter and Bobby Nell is proposing the rehabilitation of the interior and exterior of the existing of the home and a new garage located on the property at 31 St Georges Square Buffalo New York. The project involves the renovation of the existing residence that will include the demolition of the existing 2 car detached garage, construct a new 1 car wood frame garage, demolish portions of the existing wood frame 1 -story, north wing of the dwelling, reconstruct wood frame I story north wing of dwelling, Gut and remodel kitchen, replace all windows and exterior doors, frame new eve overhangs on existing roof, replace air siding, exterior trim and roofing, replace driveway, and install new landscaping and a front entry walk. The Buffalo Preservation Board has reviewed this project as an interested agency. The project is privately funded with the estimated cost being approximately $200,000 dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment, No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared, Reasons Supporting This Determination: The facts and reasons for this decision are as follows: The exterior changes wilt improve the character of the existing house and should improve the buildings relationship to the neighboring single - family homes on St. Georges Square. 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, RECEIVED AND FILED NO 13 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 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment Action Title: D'Youville College Parking Lot Addition Location: 453 West Avenue Type of Action: Unlisted - Coordinated Description: Cannon Design on behalf of D'Youville College is proposing the construction of a new parking lot addition on the property located at 453 West Avenue, Buffalo New York. D'Youville College is undertaking this project to increase its academic, faculty and support space as they plan for the new Pharmacy curriculum. The parking lot additions will be landscaped and fenced appropriately, The project has received the support from the executive director of the West Side Housing Association and the Connecticut Street Business Association, A Zoning Board of Appeals variance is required and will be addressed on April 23, 2008 The project is privately funded with the estimated cost being approximately 400,000 dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this. action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: the new additional parking will support the students and faculty that will utilize the D'Youville College Pharmacy Education Program, 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, RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO 14 PERMISSION TO DESIGNATE REDEVELOPER TRUE BETHEL BAPTIST CHURCH - {275 -279 KEHR/549 WINSLOW (MAS) The Office of Strategic Planning has received many requests from individuals interested in acquiring and developing several capital assets owned by the City of Buffalo. The Office of Strategic Planning, Division of Real Estate, issued a Request for Proposal Package (RFP) for eleven (11) City capital asset properties. The RFP was advertised in the Buffalo News classified section and was posted on the City web -site. A notice of the availability of the RFP was mailed to over 200 developers and Community Based Organizations. The City received two (2) proposals for the City -owned property known as 275 -279 Kehr /549 Winslow. The former firehouse at 275- 279 Kehr /549 Winslow is a 4,823 sq. ft, two story brick building situated on a 12,200 sq. ft site. The appraised value of the property is $30,000.00. A committee was formed to review the proposals and make a recommendation to the Executive Director of the Office of Strategic Planning. Proposals were reviewed based on the quality of the plan, accomplishment of other projects and neighborhood revitalization objectives, capability to implement the development plan and financial considerations. The proposal submitted by True Bethel Baptist Church had the highest score rated by each committee member based on the proposed use and financing. True Bethel Baptist Church is proposing to house the operations of True Bethel Charities, a ministry that operates a food and clothing pantry in two separate locations on Buffalo's east side. They are proposing to combine both services to one location. Total project costs are estimated at $74,150.00. 1 therefore respectfully request that Your Honorable Body designate True Bethel Baptist Church and or corporation, partnership, or other legal entity to be formed as Redeveloper of the subject property for a period of six months subject to the following conditions: a. Submission by the Redeveloper of a detailed site plan of 275 -279 Kehr /549 Winslow for approval by the City of Buffalo Planning Board (if necessary) and construction plans, including landscaping, for approval by the City. b. Submission of a colored rendering of the property suitable for presentation to the City Common Council which shall be submitted prior to the Common Council approval of LDA. c. Submission by the Redeveloper of evidence of equity capital and mortgage financing necessary for the completion of the project which shall be submitted prior to closing. d. Payment of a designation fee of One Thousand Dollars ($1,000.00) per month by Redeveloper to the City, payable within five (5) days from the date of designation and due thereafter the first day of every month. In the event Redeveloper shall exercise its option to acquire said property pursuant to the Land Disposition Agreement (LDA) to be negotiated by Redeveloper and the City, said option fee shall be applied as a credit towards the purchase price. In the event Redeveloper shall not proceed with the redevelopment of the property within the designation period, Redeveloper shall forfeit all monies paid on account and the City shall retain all such monies. e. Redeveloper is responsible for performing any soil borings and soil investigations, as per a license agreement to be granted by the City, for the purpose of determining, to developer's satisfaction, the suitability of the site for its intended use, and the presence or absence of hazardous substances as such term is used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (C.E.R.C.L.A) 42 USC ss 9601 et seq.: The Hazardous Materials Transportation Act, as amended, 49 USC ss 1801 et seq.: The Resource Conservation and Recovery Act, as amended, 42 USC ss 6901 et seq.: Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by -law, policy guidance, procedure, interpretation, decision, order, or directive, whether existing as of the date hereof, previously enforced or subsequently enacted. f. The successful negotiation of a Land Disposition Agreement for approval by the Common Council by no later than six months from the date the Common Council approves the designation. g. Upon signing of LDA, payment by the Redeveloper to the City of a non - refundable deposit, in the amount of ten percent (10 %) of the agreed to selling price. h. Individuals and or corporations having outstanding taxes, water bills, parking tickets, user fee and /or demolition liens or any other liens owned to the City of Buffalo, or if code violations exist on any property owned by them they are ineligible for designation. The City of Buffalo may terminate this designation should the Redeveloper fail to meet any of the deadlines set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure to meet a timely deadline, the City will first allow the Redeveloper two (2) weeks to cure by written notice. This designation will expire six (6) months from the date the Common Council approves the designation. I am requesting that your Honorable Body approve the designation of True Bethel Baptist Church as the Redeveloper of 275- 279 Kehr /549 Winslow upon the above terms and conditions; authorize the Executive Director of the Office of Strategic Planning to prepare the necessary agreements for the redevelopment of 275 -279 Kehr /549 Winslow; and forward to the Common Council for final approval of agreements for the transfer of title. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 16 SEPTEMBER 22, 2007 REAL ESTATE AUCTION At the March 8, 2008 Common Council Finance Committee Meeting several Councilmembers requested additional information about the rehabilitation /repair plans submitted by the bidders for the properties sold at the September 2007 Real Estate Auction. Attached is a spreadsheet identifying the addresses of the properties auctioned, council district, name of the bidder, purchase price, amount of repairs to be completed by the purchaser and amount of available financing submitted by the bidder to complete the purchase and repair of the individual property. Also each purchaser has signed a purchase contract that requires the purchaser to complete his or her repair /renovation plan within twelve months from the date of the transfer of title to the property. The City of Buffalo will retain the right of reversion in the event the purchaser fails to complete required repair of the property. If you need any additional information regarding a particular bidder or property, please contact John Hannon, Director of Real Estate. REFERRED TO THE COMMITTEE ON FINANCE NO 16 REAL ESTATE REPORT OF AUCTION -SEPTEMBER 22, 2007 227 STRAUSS, 624.94 N SYCAMORE LOT SIZE: 30'X 132' ASSESSED VALUATION: LAND $1,700 TOTAL $10,000(FILL) 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 one and one -third story, 1015 square foot one family home, situated on a lot with a frontage of 30 feet and a depth of 132 feet. The property is in fair condition. Auctions International received a high bid of Four Hundred Dollars ($400) from Betty and William Fowler, residing at 471 Linwood, Buffalo, New York, 14209. Mr. and Mrs. Fowler have provided cost estimates to make repairs in the amount of Ten Thousand Dollars ($10,000) and intend to use the one family home as rental property. Mr. and Mrs. Fowler have provided proof of financing in the amount of Fifteen Thousand Dollars ($15,000) 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. and Mrs. Fowler have signed an agreement to purchase the property in the amount of Four Hundred Dollars ($400) 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 227 Strauss to Mr. and Mrs. William Fowler in the amount of Four Hundred Dollars ($400) 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 COMMUNITY DEVELOPMENT NO 17 RESULTS OF NEGOTIATIONS 13 PARCELS (SEE ATTACHED LIST) 13 VACANT LOTS -TOTAL 42,240 SQ. FT. ASSESSED VALUATION: $26,240 The Office of Strategic Planning, Division of Real Estate has received a request from the Polish Community Center of Buffalo, Inc., d /b /a Lt. Col. Matt Urban Human Services Center of WNY, 1081 Broadway, Buffalo New York 14212, to purchase Thirteen Parcels of Vacant Lots (See Attached List). The Matt Urban Center will be working with Gateway Longview to construct 12 units in one 2 story building with off street parking and recreation /green space for a Transitional Living Facility for young adults. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Cents ($.40) to Fifty - Two Cents ($.52) per square foot. The results of our negotiations are that the Lt. Col. Matt Urban Human Services Center has agreed and is prepared to pay Twenty Thousand Dollars ($20,000), the equivalent of Forty -Four Cents ($.44) per square foot for the subject property. The Matt Urban Center has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of Thirteen Parcels of Land located on Monroe, Madison and Peckham (See Attached List) in the amount of Twenty Thousand Dollars ($20,000). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated April 1, 2008, be received and filed; and That the offer from Polish Community Center of Buffalo, Inc., d /b /a Lt. Col. Matt. Urban Human Services Center of WNY, 1081 Broadway, in the sum of twenty thousand dollars ($20,000.00) for the purchase of 13 parcels, commonly known as 287, 289, 291, 293, 296, 300, 302, 306, 308, 312, 314 Monroe and 44 and 46 Peckham, be and they hereby are accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES — Fontana, Franczyk, Golombek, Kearns, LoCurto, Rivera, Russell, Smith 8 NOES — Davis 1 NO 18 RESULTS OF NEGOTIATIONS 6 CROSSMAN, 28.23' N HEMINGWAY LOT SIZE: 32'X 100' ASSESSED VALUATION: LAND $3,300. IMPROVEMENT $6,700. TOTAL $10,000. (LOVEJOY DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Homefront, Inc., 560 Delaware Avenue, Buffalo, New York 14202, to purchase 6 Crossman Avenue, a single family dwelling. Homefront, Inc. will rehabilitate the property under the City's Community Housing Development Organization (CH DO) Program. The Office of Strategic Planning Land Use Planning Committee, 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 results of our negotiations are Homefront Inc. has agreed to acquire the single family home at 6 Crossman Avenue for Three Thousand Three Hundred Dollars ($3 300). They intend to rehabilitate and re -sell the property. Total project costs are estimated at Sixty Thousand Five Hundred Dollars ($60,500). The rehabilitation costs will be funded with Home funds. They have also agreed and are prepared to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 6 Crossman Avenue to Homefront, Inc. in the amount of Three Thousand Three Hundred Dollars ($3,300). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated April 22, 2008, be received and filed; and That the offer from Homefront, Inc., 560 Delaware Avenue, in the sum of three thousand and three hundred dollars ($3,300.00) for the purchase of 6 Crossman, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO 19 SEQR LEAD AGENCY DESIGNATION WILLED PARK VILLAGE HOME OWNERSHIP ZONE PHASE 3 - INFILL 4, PHASE 4 - INFILL 11 The Buffalo Planning Board Prior to the implementation of the above - referenced action, the requirements of the New York State Environmental Quality Review Act (SEAR) must be satisfied. The project, as defined under SEAR, is an "Unlisted Action" for which the completion of a coordinated environmental assessment is recommended by the City of Buffalo Planning Board. As per Section 617.6 of the regulations, an agency responsible for determining the effect of the project on the environment must be designated from the involved agencies within 30 calendar days of this communication. It is proposed that The City Planning Board act as the Lead Agency for this action. If the Common Council has no objection to the Planning Board acting as Lead Agency, please inform my office within the 30 day period. The project Environmental Assessment Form is enclosed for your review. RECEIVED AND FILED NO 20 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON - SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR- State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Common Council Room 1413 City Hall 65 Niagara Square Buffalo, New York 14202 Action Title: Empire Zone Boundary Amendments Locations: Empire Zones #38 & #74 Buffalo New York Erie County Type of Action: Unlisted- Uncoordinated As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Description: The City of Buffalo and the Buffalo Renaissance Corporation (BERC), as the economic development agency for the City, propose to amend the existing Empire Zone Program boundaries within the City with the alteration of eligible parcels in subzones 1 & 2 in Zone #38 (the Northeast -East Delavan & Central - Ellicott- Masten -East Side Planning Communities respectively), and subzones 1, 2, 3, & 4 in Zone #74 (the East Delavan, East Side, South Buffalo, & Riverside Planning Communities respectively). The amendments to the Empire Zone designations will enhance the City's ability to assist private investors in financing the renovation and /or expansion of existing, and new development of, commercial /industrial facilities within Buffalo. As a result of this environmental review, the Lead Agency has determined that the undertaking of this action will not constitute an action significantly affecting the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The project will: help to retain existing commercial /industrial facilities in the Buffalo area; encourage commercial /industrial facilities to invest in the City and Western New York; help to improve job opportunities for area residents; and increase the City's tax base. The impacts that are likely to occur as a result of the project appear, on the whole, to be beneficial and not significant in magnitude or effect, and will not, either individually or as a whole, have a significant adverse effect on the environment. ADOPTED FROM THE COMPTROLLER NO. 21 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS PVB 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 $65,000 be transferred and reappropriated within Parking Violations, as set forth below: From: PVB 11475006 - 432001 Auditing Services $65,000 To PVB 11412006 - 480000 Towing $65,000 Dated: Buffalo, NY, January 28, 2008 RECEIVED AND FILED NO. 22 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS Common Council 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 $2,500 be transferred and reappropriated within Common Council Legislative, as set forth below: From: Common Council Legislative 10112001 - 411001 Salary $2,500 To- Common Council Legislative 10102001 - 411002 Hourly Salary $2,500 Dated: Buffalo, NY, April 10, 2008 RECEIVED AND FILED FROM THE PRESIDENT OF THE COUNCIL NO. 23 SCHEDULE OF COMMON COUNCIL COMMITTEE MEETINGS AND BUDGET HEARINGS Please file the attached Schedule of Common Council Committee Meetings and Budget Hearings for the period May 1,2008 thru May 7, 2008, for deliberation by the Common Council at its meeting of April 29, 2008. Thank you for your attention to this matter. Enclosure REFERRED TO THE SPECIAL COMMITTEE ON BUDGET FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 24 REQ CITY DEPTS & BURA TO SUBMIT TRAVEL EXPENSES FROM 7/2006 ITEM #127, CCP 4/15/08 The only reimbursement staff in the Department of Assessment and Taxation receives is an auto allowance reimbursement as provided for under Article XVI of the Collective Bargaining Agreement between the City of Buffalo and AFSCME Local 650. Departmental staff is reimbursed only for the use of their personal vehicle in the performance of their job duties; i.e., field reviewing properties, attending meetings or training seminars, etc. Other costs such as seminar registration fees, meals, lodgings, travel costs or any other expenses incurred are all paid by the employee without benefit of reimbursement. Auto allowance is incorporated in an employee's subsequent paycheck following submission of an auto allowance form and log sheets documenting the employees whereabouts for the period in question and approval of the submission by a supervisor. These documents are retained and become part of the department's payroll records for the respective pay period. REFERRED TO THE COMMITTEE N FINANCE. FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 25 NOTIFICATION SERIAL # 10210 INSTALL NO PARKING ON MARVIN STREET, WEST SIDE BETWEEN SOUTH PARK AVENUE AND PERRY STREET (FILLMORE) NO PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Marvin Street, west side between South Park Avenue and Perry Street AT ALL TIMES This action is being taken as a result of recommendations made in the traffic impact study performed by the consultant designing the Seneca Buffalo Creek Casino Infrastructure and Right of Way Improvements project. NOTIFICATION SERIAL # 10211 REPEAL ALTERNATE PARKING - TYPE I FULTON STREET BETWEEN MARVIN STREET AND CHICAGO STREET (FILLMORE) NO PARKING (ALTERNATE - TYPE 1) - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Fulton Street, north side between Marvin 4:00 PM Wednesday to Street and Chicago Street 4:00 pm Sunday Fulton Street, south side between 4:00 pm Sunday to Marvin Street and Chicago Street 4:00 pm Wednesday This action is being taken as a result of recommendations made in the traffic impact study performed by the consultant designing the Seneca Buffalo Creek Casino Infrastructure and Right of Way Improvements project. NOTIFICATION SERIAL # 10212 INSTALL NO PARKING ON FULTON STREET, BOTH SIDES BETWEEN MARVIN STREET AND CHICAGO STREET (FILLMORE) NO PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days atter the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Fulton Street, both sides between At all times Marvin Street and Chicago Street This action is being taken as a result of recommendations made in the traffic impact study performed by the consultant designing the Seneca Buffalo Creek Casino Infrastructure and Right of Way Improvements project. NOTIFICATION SERIAL # 10213 INSTALL NO PARKING ON SOUTH PARK AVENUE, SOUTH SIDE BETWEEN CHICAGO STREET AND LOUISIANA STREET (FILLMORE) NO PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD South Park Avenue, south side between at all times Chicago Street and Louisiana Street This action is being taken as a result of recommendations made in the traffic impact study performed by the consultant designing the Seneca Buffalo Creek Casino Infrastructure and Right of Way Improvements project. NOTIFICATION SERIAL # 10214 REPEAL NO STOPPING ON MICHIGAN AVENUE, EAST SIDE BETWEEN SOUTH PARK AVENUE AND PERRY STREET (FILLMORE) NO STOPPING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 28 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STOPPING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Michigan Avenue, east side between South Park at all times Avenue and Perry Street This action is being taken as a result of recommendations made in the traffic impact study performed by the consultant designing the Seneca Buffalo Creek Casino Infrastructure and Right of Way Improvements project. NOTIFICATION SERIAL # 10216 INSTALL NO STANDING ON MICHIGAN AVENUE, EAST SIDE BETWEEN SOUTH PARK AVENUE AND PERRY STREET (FILLMORE) NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days aider the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Michigan Avenue, east side between At all times South Park Avenue and Perry Street This action is being taken as a result of recommendations made in the traffic impact study performed by the consultant designing the Seneca Buffalo Creek Casino Infrastructure and Right of Way Improvements project. NOTIFICATION SERIAL # 10216 INSTALL STOP SIGN IN CHICAGO STREET AT FULTON STREET (FILLMORE) STOP SIGNS - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 9 Section 11 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS (ALL WAY) VEHICLES ON VEHICLES ON SHALL STOP BEFORE ENTERING Chicago Street Fulton Street This action is being taken as a result of recommendations made in the traffic impact study performed by the consultant designing the Seneca Buffalo Creek Casino Infrastructure and Right of Way Improvements project. RECEIVED AND FILED WAIVE 45 DAYS AYES — DAVIS, FONTANA, GOLOMBEK, KEARNS, RIVERA, RUSSELL, SMITH - 8 NOES — LoCURTO - 1 NO. 26 CHANGE IN CONTRACT CAZENOVIA PARK GOLF COURSE MAINTENANCE BLDG. ROOF RECONSTRUCTION JOB #0739 SOUTH DISTRICT I hereby submit to your Honorable Body THE FOLLOWING CHANGES FOR THE Cazenovia Park Golf Course Maintenance Bldg, Roof Reconstruction, Grove Roofing Services, Inc, C93000057 1. Furnish and Install an additional 310 sf required For the wood deck replacement Add $2,148.30 The foregoing change results in a net increase in the contract of Two thousand One Hundred Forty Eight and 30/100 Dollars ($2,148.30) Summary Current Contract Amount $39,300.00 Amount of this Change order Add $ 2,148.30 Revised Contract Amount $41,448.30 Costs have been reviewed by the Department of Public Works, Parks and Streets and were found to be fair and equitable. Funds for this work are available in 38320906 445100 - Division of Buildings Mr. Fontana moved That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated April 17, 2008, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to Grove Roofing Services, Inc., an increase in the amount of $2,148.30, as more fully described in the above communication, for work relating to Job No. 0739, Cazenovia Park Golf Course Maintenance Building, Roof Reconstruction, C #93000057. Funds for this project are available in 38320906 445100 - Division of Buildings. PASSED AYES -9 NOES -0 NO. 27 REPORT OF BIDS BUFFALO ZOOLOGICAL GARDENS CONCESSION STAND ROOF RECONSTRUCTION JOB #0805 DELAWARE DISTRICT I advertised for on April 1, 2008, and received the following formal sealed bids for the Buffalo Zoological Gardens, Concession Stand, Roof Reconstruction, which were publicly opened and read on April 15, 2008. Grove Roofing Services, Inc. $140,000.00 131 Reading St., Buffalo, NY Progressive Roofing, Inc. $146,500.00 331 Grote St., Buffalo, NY Jos. A. Sanders & Sons $155,393.00 P 0 Box 814, Buffalo, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Grove Roofing Services, Inc., with a bid of One Hundred Forty Seven Thousand and 00/100 Dollars ($147,000.00) (base bid of $140,000.00 plus 5% unit prices of $7,000.00 equals total encumbrance of $147,000.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funds for this project are available in 39320806 445100, Buildings. Mr. Fontana moved: That the above communication from the Acting City Engineer dated April 17, 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 Buffalo Zoological Gardens, Concession Stand, Roof Reconstruction, to Grove Roofing Services, Inc., the lowest responsible bidder, in the amount of $147,000.00 (base bid of $140,000.00 plus 5% unit prices of $7,000.00 equals total encumbrance of $147,000.00. Funds for the project are available in 39320806 445100, Buildings. PASSED AYES -9 NOES -0 NO. 28 TIME WARNER FEES Dear Mr. Harp: I recently heard from several Councilmembers who told me that they were informed by Time Warner that they would have to pay for the "free" cable service in their offices. They were disturbed because the franchise agreement mandates free cable service to City Hall and other public buildings. Some were also disturbed because they said that had received the bill from you for cable TV in their offices when, in fact, they were not receiving any such service. Upon request, your staff provided me with a copy of your correspondence, which cited the Federal Communications Commission's "corporate guidance for providing free services to elected officials" as the rationale for your action. In the franchise agreement, Part V Section 16.1, the franchisee is required to provide "without installation or monthly service charge" free cable service to the listed municipal buildings, of which City Hall is one. I would appreciate an explanation of your action in this regard, including why you believe it is not a violation of the franchise agreement. Also, please provide a citation of the FCC regulation which you referred to in your correspondence. Sincerely, Thomas M. Tarapacld Director of Telecommunications, Utilities and Franchises 613 City Hall Buffalo, NY 14202 REFERRED TO THE COMMITTEE ON FINANCE NO. 29 J.B. WILEY SPORTS COMPLEX PARTNERSHIP AGREEMENT (ELLICOTT) The City of Buffalo was awarded a $2,000,000.00 HUD Grant for improvements at the J.B. Wiley Sports Complex. Currently the Board of Education (BOE) maintains and operates the J.B. Wiley Sports Complex. I hereby request that your Honorable Body approve that the Department of Public Works enter into an agreement with the BOE that allows the BOE to manage the improvement activities to take place under the HUD Grant. Under the terms of this agreement the BOE will provide reimbursement requests in accordance with the HUD Grant and the City will transfer funds when received from HUD to the BOE. REFERRED TO THE COMMITTEE ON FINANCE NO. 30 APPOINT SUPERVISOR OF MAINTENANCE I Appointment effective April 14, 2008 in the Department of Public Works, Division of Buildings to the Position of Supervisor of Maintenance I, Permanent at the 2 nd step of $35,651 Anthony Krathaus, 180 Downing Street, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 31 SAFF REPORTS AND CURRENT STATUS Per the request of your honorable body dated April 16, 2008, regarding SAFF reporting and funds allocated, please be advised that as of this date, SAFF YEAR 1 funds in the amount of $35,417.83 have been set aside under account #20010000 389001 10317. This amount represents 15% of the total SAFF eligible Drug Asset Forfeiture Funds received during fiscal year July 1, 2006 to June 30, 2007. In addition, SAFF YEAR 2 funds in the amount of $51,348.50 have been set aside under account# 20010000 389001 10326. This amount represents 15% of the total SAFF eligible Drug Asset Forfeiture Funds received during fiscal year July 1, 2007 to June 30, 2008. At the present time, according to the adopted legislation, the Shared Asset Forfeiture Fund Advisory Committee (SAFFAC) still needs to be established. Also, the general instructions, application form, project funding form, application attestation, and SAFF annual spending plan application record have to be finalized and adopted by the committee. Upon completion of these, an RFP must be drafted by the committee and sent out to various organizations through the City web page, direct mailing, or other appropriate methods. Upon receipt of the proposals, the Commissioner of Police will review and forward them to the SAFFAC, which will then follow the guidelines and timetable established within the adopted legislation to arrive at an approved proposal and commence with the designated project. As stated above, the funding has been established, however several steps must still be completed before any of the funds may be awarded. This should address your request and I look forward to working with your honorable body in developing and implementing the required steps necessary to get this program up and running. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE CORPORATION COUNSEL NO. 32 MUNICIPAL CODE VIOLATIONS REPORT (ITEM NO. 95 C.C.P. 02/21/06) 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 is the requested report for violations cited during the month of March 2008. As you can see from the attached reports, 513 summonses were issued in March by the various departments. RECEIVED AND FILED NO. 33 NIAGARA VISTACOM D /B /A UNITED ENERGY MANAGEMENT V. CITY OF BUFFALO (INDEX NO. 1- 2007 -2689) I am asking your Honorable Body to approve the settlement of the above - entitled action in the amount of $850,000.00 (Eight hundred and fifty thousand dollars and zero cents). The settlement is for services rendered to and expenditures made on behalf of the City of Buffalo in March through July of 2006. The details of the case are more fully explained in an "Attorney- Client Privileged" write -up that has been hand delivered to each Councilmember for independent review. Because of the potential for interest to accrue should this matter not be settled expeditiously, I am requesting that Your Honorable Body act on this item without sending it to the Claims Committee, so that it may be considered by the Buffalo Fiscal Stability Authority at its May 8, 2008 Meeting. In order to facilitate an expedited review, attorneys from the Law Department will be available to answer any questions you should have at the Caucus, which is currently scheduled for 2:00 p.m. on Monday, April 28, 2008 in Room 1417. If additional questions arise, Law Department attorneys will be more than happy to meet with Councilmembers individually to address any questions or concerns. I am requesting that any conversation pertaining to the matter at Caucus be conducted in an Executive Session, so that the Law Department's defense of the matter, which is active and pending litigation, is not compromised. The Corporation Counsel recommends that your Honorable Body authorize the compromise and settlement of the above - entitled action in the amount of $850,000.00 (Eight hundred and fifty thousand dollars and zero cents). Funds for the settlement are available in Org. 17221008 (480205) Judgment and Claims Prior Years, or 480204 Current Fiscal Year. Mr. Fontana moved That the Corporation Counsel is hereby authorized to compromise and settle the action of Niagara Vistacom d /b /a United Energy Management in the City of Buffalo (Index no I: 2007 -2689) in the amount of $850,000 to be paid from account /Org 17221008 (480205) Judgement and claims prior years or 480204 current Fiscal Year PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 34 FOOD STORE LICENSE 2236 GENESEE (LOVEJOY) Pursuant to Chapter 194 of tile City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 2235 Genesee (Green Valley Stop) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated April 15, 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 Mohamed Kady located at 2235 Genesee Street d /b /a Green Valley Stop. Subject to the following conditions No Sale of Alcohol or Beer No Sale of Drug Paraphenalia, glass tubes, rolling papers, blunts or chore boy PASSED AYES -9 NOES -0 NO. 36 FOOD STORE LICENSE 1624 WILLIAM (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 1624 William (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 COMMITTEE ON LEGISLATION. NO. 36 RESTAURANT DANCE CLASS 4 79 WEST CHIPPEWA(ELLICOTT) Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a restaurant Dance Class IIII Licenses located at 79 West Chippewa and find that as to form is correct. I have caused an investigation into the premises for which said application for a Restaurant Dance Class IIII license is being sought and according to the attached reports from Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Darren Neaverth. The attached thereto for Darren Neaverth d /b /a Bayou. 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 April 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 Restaurant Dancing Class IV License to Darren Neaverth located at 79 West Chippewa d /b /a Bayou with the following conditions: 1. There shall be no outdoor music allowed 2. The license is non - transferable 3. No special events or public dances to be held by anyone other then the owner 4. No Co- mingling events between those of legal age and those under 21 5. There will be no one under the age of 21 years old permitted after 10:00pm, unless employed by the establishment (no co- mingling of patrons) 6. If present, graffiti must be removed from exterior of establishment within 72 hours 7. Exterior of premises must be cleaned and flee of debris by 7:OOam each morning this shall include removal of trash from any receptacles in front of or adjacent to property 8. There shall be no plastic banners and /or non permanent signage displayed between the hours of 7:OOam - 9:OOpm daily 9. Valid exclusively for the primary use of and the day -to -day operations of this Business /Owner as so indicated on this License. This license is personal and cannot be directly or indirectly transferred or assigned. 10. This licensee cannot lease, rent or otherwise allow any third party that is not the owner /licensee of the establishment, whether or not a fee is charged; to hold and /or conduct any "Public Dance" or similar "Special Event" at this establishment. 11. This licensee cannot be used in conjunction with any "co- mingling event" whereby patrons of a legal drinking age and patrons not of a legal drinking age as so prescribed by the laws of New York State are attending and /or otherwise "co- mingling" at any single event occurring at this establishment. PASSED AYES -9 NOES -0 NO. 37 RESTAURANT DANCE CLASS 111 228 FRANKLIN (ELLICOTT) Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a restaurant Dance Class 1111 Licenses located at 228 Franklin and find that as to form is correct. I have caused an investigation into the premises for which said application for a Restaurant Dance Class III license is being sought and according to the attached reports from Zoning Office, Fire Department and Building Inspections, 1 find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Elizabeth Audet. The attached thereto for Elizabeth Audet d /b /a Myst. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 38 RESTAURANT DANCE LICENSE (RENEWAL) 1 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 1 Main (HSBC Arena Harbor Club 200) for which said renewal application for a Restaurant Dance Class III license is being sought by HSBC Arena and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services, dated April 16, 2008 be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to renew a Restaurant Dancing Class 111 License to 1 Main d /b /a HSBC Arena Harbor Club 200. PASSED AYES -9 NOES -0 NO. 39 RESOLUTION FOR SONWIL DISTRIBUTION CENTER SHIFT OF OPERATIONS Attached please find a resolution for above referenced matter for your Honorable Body's review and approval. Please don't hesitate to contact us if any further information is required. Shift of Operation into an Empire Zone WHEREAS, Sonwil Distribution Center ( "Sonwil ") has provided distribution services for over 25 years for General Mills with a steady volume growth of 5 to 10% per year; and WHEREAS, Sonwil has provided vacuum parts distribution services and remanufacturing services to Dyson, USA for the past 6 years with an annual growth of 35% per year; and WHEREAS, Sonwil needs to consolidate multiple local distribution sites; and WHEREAS, Sonwil is constructing a new 308,000 square foot distribution facility at the Buffalo Lakeside Commerce Park in Buffalo; and WHEREAS, Sonwil Distribution Center will operate this facility as a distribution center and a remanufacturing center; and WHEREAS, This new facility will enable Sonwil to consolidate smaller leased facilities resulting in lower distribution costs to current customers, accommodating current customer's anticipated growth, and to provide rail and distribution services to future potential customers; and WHEREAS, Based on the projected growth, Sonwil's total projected employment increase over the next 5 years will be 30 positions created in the City of Buffalo; and WHEREAS, Sonwil met with local economic development officials to assist them in their efforts to find a location for their expansion project prior to finalizing their decision to build at Buffalo Lakeside Commerce Park. NOW THEREFORE BE IT RESOLVED, that this Common Council consents to the relocation of Sonwil Distribution Center from 901A and 901 B Fuhrmann Boulevard to 275 & 315 Ship Canal Parkway located in the Buffalo Empire Zone; and BE IT FURTHER RESOLVED, That certified copies of this resolution be forward to Sonwil and the Buffalo Economic Renaissance Corporation; and BE IT FINALLY RESOLVED, That this resolution shall take effect immediately. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 40 CERTIFICATE OF APPOINTMENT Appointment Effective: April 7, 2008 in the Department of Economic Development, Permit and inspection Services Division of Licenses to the Position of Account Clerk Typist, Provisional at the fourth step of $28,505 Judy Doyle, 330 Sanders Rd, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSION ON CITIZENS RIGHTS AND COMMUNITY RELATIONS NO. 41 REQ CITY DEPTS & BURA TO SUBMIT TRAVEL EXPENSES FROM 7/2006 ITEM #127, CCP, 4/15/08 In response to your request for review of Item# 127 regarding travel, the Executive Director /Commissioners of the Commission on Citizens' Rights and Community Relations have not engaged in travel for city purposes from July 2006 till the Present date REFERRED TO THE COMMITTEE ON FINANCE NO. 42 APPT EXECUTIVE DIRECTOR COMMISSION ON CITIZEN RIGHTS AND COMMUNITY RELATIONS(FLAT)(RODRIGUEZ Appointment effective May 12, 2008 in the Department of Citizen Rights and Community Services to the position of Executive Director, Exempt, Non Competitive at the Flat Salary of $66,934.00 Crystal J. Rodriguez, 49 Briggs Ave, Buffalo, NY 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE BUFFALO SEWER AUTHORITY NO. 43 BUFFALO SEWER AUTHORITY OPERATING FUND BUDGET Mr. Gerald Chwalinski City Clerk 1308 City Hall 65 Niagara Square Buffalo, NY 14202 Dear Mr. Chwalinski, Enclosed is a copy of The Buffalo Sewer Authority Operating Fund Budget for fiscal year 2008 -2009. This Budget was adopted at the Sewer Authority Board meeting April 16, 2008. Very truly yours, BUFFALO SEWER AUTHORITY RECEIVED AND FILED FROM THE CITY CLERK NO. 44 TRAVEL INFO FOR COUNCILMEMBERS Attached please find the requested travel information by Councilmembers for trips to: 1. South Dakota Ethanol Plant 2. Milwaukee and Chicago, Illinois regarding the Waterfront 3. Biloxi, Missippi regarding Smart Code If any future trips are taken by Councilmembers or Council Staff for research they will be filed with your Honorable body in a timely manner. Sincerely; Gerald A. Chwalinski City Clerk REFERREO TO THE COMMITTEE ON FINANCE NO. 46 MAYOR BYRON W. BROWN OUT OF TOWN TRAVEL Pursuant to Section 4 -4 of the City of Buffalo Charter, I will be out of state from Saturday, April 19, 2008 through Sunday, April 20, 2008. 1 hereby designate Commissioner Janet Penksa, Administration, Finance, Policy and Urban Affairs to perform the Mayor's duties in my absence. RECEIVED AND FILED NO. 46 MAYOR BYRON W BROWN OUT OF TOWN TRAVEL Pursuant to Section 4 -4 of the City of Buffalo Charter, I will be out of state from Tuesday, April 29, 2008 through Wednesday, April 30, 2008. 1 hereby designate Commissioner Janet Penksa, Administration, Finance, Policy and Urban Affairs to perform the Mayor's duties in my absence. RECEIVED AND FILED NO. 47 NO. 48 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: Economic Development & Permit and Inspection Services- Management Information Systems Judy Doyle RECEIVED AND FILED. NO. 49 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: x Buffalo Sewer Authority RECEIVED AND FILED. NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 50 INFO LIQUOR LICENSE APPLICATIONS In September 2006 the State Liquor Authority ( "SLA" or "Authority ") formed a Task Force to review the Agency's licensing application process and to recommend viable changes and improvements. Members of the Task Force included Legislative Officials, Law Enforcement personnel, Community Board Members, Industry Representatives and State Liquor Authority staff. The Task Force made recommendations for a new application for on- premises retail licenses as well as printing more pertinent data on license certificates. This new application allows the Authority to obtain detailed information on the type of establishment being applied for together with a thorough description of the method of operation proposed. Information provided on the license certificate has been expanded to include the type of establishment licensed (ie. a restaurant, night club, tavern or mixed use). Also included are details of the approved method of operation, such as, days and hours of operation; whether or not music or dancing is permitted; if the premises includes an outside area such as a deck or patio and any other relevant information. Additionally, the Authority has selected multiple color license certificates that will be issued for specific types of on- premises establishments. To view a copy of the colored certificates please visit our Agency website home page under the Important Notices section at www.abc.state.nv.us . Below is a listing of what type of license each color certificate represents: Color License Category Purple Mixed Use (M /U) Red Night Club /Cabaret (NC, CR) Olive Restaurant Wine (RW) Blue All Other On- Premises Liquor We will continue to use the green certificate for all off - premises licenses and all on- premises beer and /or wine licenses except for the Restaurant Wine license. We believe that distinguishing the different types of licenses and providing as much information as possible on the certificates will allow law enforcement and the community to easily identify the method of operation allowed at a licensed establishment. Within the next couple of weeks the SLA will begin utilizing our new retail on- premises application and issuing the new color coded certificates for new licensees. In the future, renewal licensees will also be issued the new license certificates. We are hopeful that this new process will help streamline the licensing process and provide more information to law enforcement and the public in general. RECEIVED AND FILED NO. 51 CITY OF BUFFALO LIVING WAGE COMMISSION ANNUAL REPORT FOR 2007 Please file the attached report the Common Council meeting scheduled for April 29, 2008. 2007 Buffalo Living Wage Commission Report Network of Religious Communities Merle Showers Jim Anderson The Buffalo Living Wage Commission released their 2007 Annual Report on March 12 The report highlights compliance accomplishments, including Morris Protective Services, Brand -On Services, Rural /Metro Services, and the City's seasonal laborers and crossing guards. Thanks to your support, the dedication and determination of the Living Wage Commissioners, volunteers, pro bone attorneys, and community partners, the law has provided over 400 new workers with a living wage this year. The Commission would also like to extend a special "Thank You" to Council members Michael LoCurto and David Rivera for their participation at the March 12 event. LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses firom the Erie County Alcohol Beverage Control Board Address Business Name Owner's Name 481 -483 Delaware Ave Stillwater Grill LLC Brian M Melber 643 Main Street Bijou Grille Beatrice Montiane 2134 Seneca St Blackthorn Restaurant & Pub Patrick C Lalley 79 W Chippewa St Marly Graws Inc Darren Neaverth RECEIVED AND FILED NO. 48 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: Economic Development & Permit and Inspection Services- Management Information Systems Judy Doyle RECEIVED AND FILED. NO. 49 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: x Buffalo Sewer Authority RECEIVED AND FILED. NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 50 INFO LIQUOR LICENSE APPLICATIONS In September 2006 the State Liquor Authority ( "SLA" or "Authority ") formed a Task Force to review the Agency's licensing application process and to recommend viable changes and improvements. Members of the Task Force included Legislative Officials, Law Enforcement personnel, Community Board Members, Industry Representatives and State Liquor Authority staff. The Task Force made recommendations for a new application for on- premises retail licenses as well as printing more pertinent data on license certificates. This new application allows the Authority to obtain detailed information on the type of establishment being applied for together with a thorough description of the method of operation proposed. Information provided on the license certificate has been expanded to include the type of establishment licensed (ie. a restaurant, night club, tavern or mixed use). Also included are details of the approved method of operation, such as, days and hours of operation; whether or not music or dancing is permitted; if the premises includes an outside area such as a deck or patio and any other relevant information. Additionally, the Authority has selected multiple color license certificates that will be issued for specific types of on- premises establishments. To view a copy of the colored certificates please visit our Agency website home page under the Important Notices section at www.abc.state.nv.us . Below is a listing of what type of license each color certificate represents: Color License Category Purple Mixed Use (M /U) Red Night Club /Cabaret (NC, CR) Olive Restaurant Wine (RW) Blue All Other On- Premises Liquor We will continue to use the green certificate for all off - premises licenses and all on- premises beer and /or wine licenses except for the Restaurant Wine license. We believe that distinguishing the different types of licenses and providing as much information as possible on the certificates will allow law enforcement and the community to easily identify the method of operation allowed at a licensed establishment. Within the next couple of weeks the SLA will begin utilizing our new retail on- premises application and issuing the new color coded certificates for new licensees. In the future, renewal licensees will also be issued the new license certificates. We are hopeful that this new process will help streamline the licensing process and provide more information to law enforcement and the public in general. RECEIVED AND FILED NO. 51 CITY OF BUFFALO LIVING WAGE COMMISSION ANNUAL REPORT FOR 2007 Please file the attached report the Common Council meeting scheduled for April 29, 2008. 2007 Buffalo Living Wage Commission Report Network of Religious Communities Merle Showers Jim Anderson The Buffalo Living Wage Commission released their 2007 Annual Report on March 12 The report highlights compliance accomplishments, including Morris Protective Services, Brand -On Services, Rural /Metro Services, and the City's seasonal laborers and crossing guards. Thanks to your support, the dedication and determination of the Living Wage Commissioners, volunteers, pro bone attorneys, and community partners, the law has provided over 400 new workers with a living wage this year. The Commission would also like to extend a special "Thank You" to Council members Michael LoCurto and David Rivera for their participation at the March 12 event. A 2008 goal for the Commission is to work with the Council and Mayor Brown's administration to achieve contract reform. This includes centralization of contracting in one department, bidding reform to make it more fair and transparent and make information about contracts publicly available in a simple database. Please contact me if you have questions about the work of the Commission or the 2007 Annual Report REFERRED TO THE COMMITTEE LEGISLATION. NO. 52 2008 -2009 ANNUAL ACTION PLAN Attached is The Common Council -City of Buffalo, New York 2008 -2009 Annual Action Plan Preserving Our Past; Planning our Future. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 53 CIVIL SERVICE EXAM FOR POLICE LIEUTENANT CONCERNS Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council session to be held Tuesday, April 29, 2007. Thank you in advance for your assistance with this matter. On April 17, 2008 1 received notification from the civil service administration verifying that my score for the position of lieutenant was a 60 which is a failing score. However, on April 18, 2008 1 received another notification from civil service verifying my score as 69.8795 (1 /10) of a point short of the passing score. Enclosed with this notification was another letter stating that a computer error may have occurred when processing this "notification of examination result ". I have since filed for verification of computations with the civil service department. However, I am left to ponder (1) How such an error could occur in the first place during such an expensive promotional examination? (2) How could I be the only candidate affected by this error. (3) What was the computer error and who caused it? (4) If there was such an error, why would the final list become posted without further investigation to check for further errors? (5) What if my score is incorrect again, would there be a second list or a third? (6) What about Veteran's credit? I was told that those points could not be used unless you passed the exam. I do not feel comfortable knowing that I received two different scores in two different days and that the list is being posted after such an error. I am calling for an independent investigation into this so- called computer error. I believe that it is important to know who was affected, who was not affected and how did this error occur in the first place. I would also ask the question was the process tainted? I believe that every officer that went into the oral examination deserves to know if he or she made the cut legitimately. These errors should not have happened during such a critical stage in the examination process. Your assistance in this matter would be greatly appreciated. I have enclosed a copy of the letter sent to me from the Human Resources Department and the second notification of examination results for your review. I would await any responses from your office. I thank you sir for your time and assistance in advance. REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 54 B. DAVIS -R. SPEED - FRUIT BELT UNITED REQUEST TO PURCHASE 172 MULBERRY STREET Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council session to be held Tuesday, April 29, 2007. Thank you in advance for your assistance with this matter. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 55 B. DAVISM. GALLIVAN- SUPPORT LETTER FOR MARINE DRIVE SITE MANAGER Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council session to be held Tuesday, April 29, 2007. Thank you in advance for your assistance with this matter. RECEIVED AND FILED NO 56 SUPPORT LETTER FOR SALE OF MAIN PLACE RAMP TO MAIN PLACE LIBERTY GROUP Please file the attached item for further discussion at the next Common Council session to be held Tuesday, April 29, 2007. Thank you in advance for your assistance with this matter. Dear Mayor Brown: As a respected developer in the community and a fellow downtown Buffalo landlord, I was asked by Patrick Hotung to voice my support for the Main Place Liberty Group's (Main Place) pending request to purchase the Main Place Ramp. As you know, Main Place is one of downtown's largest private landlords, and a substantial taxpayer. We understand that Main Place has experienced a high vacancy rate, which may be due in part to the lack of adequate parking in the adjacent area. The City's sale of the Main Place Ramp to Main Place will allow them to offer use of the parking facilities beneath their own building, which is a significant selling point to prospective tenants in the downtown area. I understand that the city would gain millions of dollars from the sale of the ramp as well as save millions in capital repairs that the city may need to invest in this aging parking structure, if it continues to retain ownership. I would hope that you, the Common Council Members and the members of the Parking Board will give very careful consideration to Main Place's offer to purchase the Main Place Ramp. REFERRED TO THE COMMITTEE ON FINANCE NO 57 USING COL. WARD PUMPING STATION FOR BUFFALO MARITIME MUSEUM Please file the attached item for further discussion at the next Common Council session to be held Tuesday, April 29, 2007. Thank you in advance for your assistance with this matter. Dear Commissioner Stepniak: On behalf of the S.S. Canadiana Preservation Society, Inc. we respectfully request a meeting to discuss the possibilities of using a portion of the Col.- Ward Pumping Station for a Buffalo Maritime exhibition center. As you may know, we have saved the historic pilot house (currently on exhibit with the Buffalo State Maritime Center) and the engine (an important remnant of our industrial legacy) See http: /sscanadiana.com / for more information. We believe this is an opportunity to expand our region's cultural tourism attractions. We look forward to working with the City of Buffalo whether it is at the Col Ward Pumping Station or another location the city can direct us to. We will contact you in the near future to arrange a time convenient to all concerned. Thank you! Sincerely Harvey Holzworth President REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT NO 58 JESSE KETCHUM MEMORIAL FUND REPORT The Board of Trustees of the Jesse Ketchum Memorial Fund herewith submit its Annual Report to you as required by the Deed of Trust that established this fund for the awarding of prizes for excellent scholarship to the eighth grade graduates of the Buffalo Public Schools. Principals of each elementary school having an eighth grade class have submitted the names of those students who are members of the graduating class who have ranked the highest scholarship in their group. A three way tie for first place resulted in three gold flashed medals, certificates and a $1,000 check that were presented to the three students ranking highest in the entire city. Each school winner received a bronze medal, a certificate and a $100.00 savings bond. Awards were presented at the Awards Ceremony held at West Hertel Academy. For the 2005 -2006 school year a total of forty -one medals and certificates were awarded. A list of the winners is enclosed for your records. Also, a copy of the financial report by the Treasurer, Mrs. Thomas Keenan, for the fiscal year 12/31/05 thru 12/31/06 is enclosed. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW RECEIVED AND FILED NO 59 FINAL FLOOD ELEVATION DETERMINATIONS On November 26, 2007, you were notified of proposed modified flood elevation determinations affecting the Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) report for the City of Buffalo. The 90 -day appeal period that was initiated on December 7, 2007, when the Federal Emergency Management Agency (FEMA) published a notice of proposed Base (1 % annual chance) Flood Elevations (BFEs) for your community in the Buffalo News, has elapsed. Since the Preliminary FIRM and FIS report were issued, FEMA has decided to proceed with the finalization of select portions of the Erie County FIRM in an effort to make the most up -to -date flood hazard information available for use in floodplain management and insurance purposes. Specifically, preliminary FIRM panels 0331 and 0333 in their entirety and portions of preliminary FIRM panels 0326 and 0327 showing updated flood hazard information for Cazenovia Creek and portions of the Buffalo River are being finalized at this time and will become effective on September 26, 2008. In addition, your currently effective community -based FIRM panels 0010 and 0020 have been revised to exclude the areas covered on the new countywide format Erie County FIRM and to depict the September 26, 2008 effective date. Your community based FIRM panel 0015 will remain in effect and continue to carry an effective date of August 23, 1999. Proof copies of the two sets of maps are enclosed for your use in the floodplain management regulations adoption process described below. Final printed copies of the FIRMs and FIS report will be mailed to you prior to the effective date. The determination (copy enclosed) of the Agency as to the BFEs for select locations within your community is considered final. The final BFEs will be published in the Federal Register as soon as possible. The modified BFEs and revised map panels, as referenced above are effective as of September 26, 2008, and revise the FIRM and FIS report which were in effect prior to that date. For insurance rating purposes, the community number and new suffix code for the panels being revised are indicated on the maps and must be used for all new policies and renewals. Effective with the date of this letter, your community should use the BFE and floodway data presented on the preliminary FIRM and FIS report for regulating floodplain development in accordance with the guidance provided in the enclosed Floodplain Management Bulletin entitled Use of Flood Insurance Study (FIS) Data As Available Data. To assist your community in maintaining the FIRM, we have enclosed a Summary of Map Actions (SOMA) to document previous Letters of Map Change (LOMCs) (i.e., Letters of Map Amendment [LOMAs], Letters of Map Revision [LOMRs]) that will be superseded when the revised FIRM panels become effective. Information on LOMCs is presented in four categories: (1) LOMCs that have been included on the revised FIRM panels; (2) LOMCs that have not been shown on the revised FIRM panels because of scale limitations or because the LOMC that was issued had determined that the lots or structures involved were outside the Special Flood Hazard Area shown on the FIRM; (3) LOMCs that have not been included on the revised FIRM panels because they are being superseded by new detailed flood hazard data; and (4) LOMCs that will be re- determined. The LOMCs in Category 2 of this form are revalidated through a single letter that reaffirms the validity of a previously issued LOMC. LOMCs issued for multiple lots or structures where the determination for one or more of the lots or structures have changed (Category 4) cannot be revalidated through this administrative process. However, we will review the data which were previously submitted as part of the original LOMA or LOMR request and issue a new determination for the subject properties after the FIRM effective date. The modifications are pursuant to Section 206 of the Flood Disaster Protection Act of 1973 (P.L. 93 -234) and are m accordance with the National Flood Insurance Act of 1968, as amended, (Title XIII of the Housing and Urban Development Act of 1968, P.L. 90 -448), 42 U.S.C. 4001 -4128, and 44 CFR Part 65. Because of The modifications to the FIRM, and FIS report for your community made by this map revision, certain additional requirements must be met under Section 1361 of the National Flood Insurance Act of 1968, as amended, within 6 months from the date of this letter. Prior to September 26, 2008, your community is required, as a condition of continued eligibility in the National Flood Insurance Program (NFIP), to adopt or show evidence of adoption of floodplain management regulations that meet the standards of Section 60.3(d) of the NFIP regulations. These standards are the minimum requirements and do not supersede any State or local requirements of a more stringent nature. It must be emphasized that all of the standards specified in Section 60.3(d) of the NFIP regulations must be enacted in a legally enforceable document. This includes the adoption of the effective FIRM and FIS report to which the regulations apply and the modifications made by this map revision. Some of the standards should already have been enacted by your community. Any additional requirements can be met by taking one of the following actions: 1. Amend existing regulations to incorporate any additional requirements of Section 60.3(d); 2. Adopt all of the standards of Section 60.3(d) into one new, comprehensive set of regulations; or, 3. Show evidence that regulations have previously been adopted that meet or exceed the minimum requirements of Section 60.3(d). Communities that fail to enact the necessary floodplain management regulations will be suspended from participation in the NFIP and subject to the prohibitions contained in Section 202(a) of the Act as amended. Ms. Mary Colvin, Chief, Floodplain Management and Flood Insurance Branch, FEMA Region II is available to assist your community with any difficulties you may be encountering in enacting the floodplain management regulations. Any questions may be directed to Ms. Colvin at the following address: Mary A. Colvin, Chief Floodplain Management and Flood Insurance Branch DHS /FEMA Region II 26 Federal Plaza, 13th floor New York, NY 10278 -0002 If you have any questions concerning ordinance adoption or mapping issues in general, please contact Ms. Colvin at (212) 680 -3622 or the NFIP State Coordinator, Mr. William Nechamen, P.E., CFM, at (518) 402 -8146. The FEMA Map Assistance Center staff is also available to answer general mapping issues, and can be reached toll free, at 1- 877 -FEMA MAP (1- 877 - 336- 2627). COPY AVAILABLE FOR REVIEW IN THE CITY CLERKS OFFICE REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT NO 60 BROWNFIELD CLEANUP PROGRAM APPLICATION C916230 - BUFFALO COLOR CORPORATION SITE AREAS A AND B Dear Mr. Chapin: State Department of Environmental Conservation (Department) is in receipt of your application for participation in the Brownfield Cleanup Program (BCP) pursuant to ECL Section 27 -1400 et seq. As you know, the BCP is a cooperative approach between the Department and lenders, developers, and current and prospective owners. The program fosters private- sector remediation of brownfields and reduces development pressures on "greenfields." We are pleased to advise you that your application has been determined to be complete. Pursuant to ECL Section 27- 1407(5), a thirty -day public comment period is to be commenced upon the Department's determination that an application is complete. During the comment period the Department will evaluate the eligibility of the project and determine its status regarding this as soon as possible. The party seeking to participate in the BCP is required, under 6 NYCRR Part 375- 1.2(as), to notify, in writing, all parties on the site contact list of persons, government agencies, groups, or organizations including, but not limited to, the chief executive officer and zoning board of each county, city, town and village in which such site is located; as well as residents of the site; the public water supplier which services the area; any site residents, adjacent property owners, any person who has requested to be placed on the brownfield site contact list; and the administrator of any school or day care facility located on or near the site for the purposes of posting and /or dissemination at the facility. Further, the Department will publish a similar notice in the Environmental Notice Bulletin. In order to facilitate the notifications, the Department has prepared the enclosed Public Notice for you to utilize and the instructions for placing and mailing the notifications as well as the document repository location and contents. As the requestor, you are responsible for making available a copy of the application and copies of all other related attached documents such as any assessment and investigation reports and /or investigation or remedial work plans. Also, you must use this Department- approved Public Notice form and cannot provide any other or additional information when fulfilling your obligation to provide a legal notice for the newspaper of the application and comment period. The enclosed form should be provided to a local newspaper servicing the area including the brownfield site for publication no later than April 16, 2008. Additionally, all of the above - mentioned mailings should be completed no later than April i5, 2008. To the extent that the mailings and publications are not completed in accordance with these time frames, the Department will extend the comment period for a period sufficient to comply with the required thirty -day notice requirement running from the latest of the mailings or publication. A certificate of mailing, on the enclosed form, is required to be submitted within three days of the mailing. Further, the proof of publication provided by the newspaper must be submitted within three days of your receipt of such document. These documents should be submitted to the Department's project manager at: New York State Department of Environmental Conservation Division of Environmental Remediation S Region 9 270 Michigan Avenue Buffalo, New York 14203 Attention: Linda Ross The Department will make every effort to determine your eligibility and status under the BCP forty -five (45) days from the date of this letter. We look forward to working cooperatively with you to address the environmental conditions at the brownfield site and to return this property back to productive use. REFERRED TO THE COMMITTEE ON LEGISLATION NO 61 PUBLIC NOTICE BROWNFIELD CLEANUP The New York State Department of Environmental Conservation (NYSDEC) administers the Brownfield Cleanup Program (BCP) pursuant to State Environmental Conservation Law (ECL) 27 -1400 et seq. The BCP was created to encourage the remediation and redevelopment of contaminated properties known as brownfields. The requestor indicated above has submitted a BCP application for investigation of the site indicated above. NYSDEC will accept public comments concerning the application. A copy of the application and other appropriate documents (application package) is available in the site document repository located at the address indicated below. NYSDEC will review the application package and public comments received and then make a determination on the eligibility of the application. Comments should be submitted by May 16, 2008 to: New York State Department of Environmental Conservation Division of Environmental Remediation - Region 9 270 Michigan Avenue Buffalo, New York 14203 Attention: Linda Ross Repository address: Buffalo & Erie County Public Library 1 Lafayette Square Buffalo NY 14203 REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 62 PUBLIC NOTICE BROWNFIELD CLEANUP PROGRAM The New York State Department of Environmental Conservation (NYSDEC) administers the Brownfield Cleanup Program (BCP) pursuant to State Environmental Conservation Law (ECL) 27 -1400 et seq. The BCP was created to encourage the remediation and redevelopment of contaminated properties known as brownfields. The requestor indicated above has submitted a BCP application for investigation of the site indicated above. NYSDEC will accept public comments concerning the application. A copy of the application and other appropriate documents (application package) is available in the site document repository located at the address indicated below. NYSDEC will review the application package and public comments received and then make a determination on the eligibility of the application. Comments should be submitted by May 16, 2008 to: New York State Department of Environmental Conservation Division of Environmental Remediation - Region 9 270 Michigan Avenue Buffalo, New York 14203 Attention: Linda Ross, Repository address: Buffalo & Erie County Public Library 1 Lafayette Square Buffalo, IVY 14203 REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 63 CITY OF BUFFALO DRAFT LOCAL WATERFRONT REVITALIZAITON PLAN (LWRP) Thank you very much for providing this office with preliminary copies of the proposed LWRP referenced above. It is unfortunate that the Division of Environmental Permits, at this office, was not contacted earlier as part of the informal agency coordination that has already taken place. The enclosed comments on that document represent initial review by me and other appropriate Department staff (identified by their comments) which I hope will assist you in updating and revising the document and perhaps providing some new ideas for consideration. We will be forwarding other comments from the Divisions of Fish & Wildlife and Water as we receive them. I am confident that all these comments would be beneficial in making your report for the City of Buffalo more accurate and up to date. I believe this Department (the Region 9 office, Division of Environmental Permits) will have another opportunity to review the draft LWRP during the official agency review period that will be provided by the New York State Department of State after that agency accepts the document for distribution and comment purposes. There may be some additional comments from other Department program staff members, who have not been able to review the information to date. If I do receive additional comments, I will forward them to you immediately. If you have any questions, please feel free to contact me and keep me routinely informed as the LWRP plan, especially for any project proposals, develops. Thank you for your cooperation. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 64 NATIONAL FLOOD INSURANCE PROGRAM FLOOD INSURANCE RATE MAPS FOR ERIE COUNTY This is in reference to the City of Buffalo's participation in the National Flood Insurance Program (NFIP). As state coordinating agency for Federal flood insurance, we are particularly concerned that the City of Buffalo maintains continued program eligibility and avoids federally mandated economic sanctions associated with program suspension. The new Flood Insurance Study and Flood Insurance Rate Maps establishing 100 year base flood elevations for the City of Buffalo have recently been revised by the Federal Emergency Management Agency (FEMA). (See enclosure) A condition of continued eligibility in the NFIP is the adoption of the Flood Insurance Rate Maps meeting the standards of Section 60.3(d) of the program regulations by September 26, 2008. Failure to adopt the map panels by this date will result in program suspension thereby prohibiting residents from purchasing or renewing flood insurance policies. Due to the intention to further revise the City's Flood Insurance Rate Maps in the near future, we recommend that the City simply amend your existing flood damage prevention law to adopt the references to the new Flood Insurance Rate Maps panels. A model Section 3.2 has been enclosed for your reference and /or use. Upon request, an electronic copy may be e- mailed to you for your use. Once the remainder of the City's Flood Insurance Rate Map panels are completed, we will send another package of materials to the City with a new model flood damage prevention law. In Section 3.2, please insert the location of the office where the Flood Insurance Study and map panels are on file for public access. If FEMA does not have an approved amendment one month prior to the map's effective date, your community will receive a letter from FEMA indicating that your community is eligible for suspension from the NFIP, which will occur on the map's effective date. Please note that the new maps may be enforced as soon as your new local law is effective. You will receive final maps at least two months before the map's effective date. Prior to that date, the Preliminary Maps may be used for enforcement purposes once the local law has been passed. In addition to standard filing requirements for Local Laws, please also forward an adopted copy of the amendment along with the signed and certified copy of the NYS Department of State Local Law Filing Forms to be followed by a copy of the NYS Department of State's local law filing acknowledgment letter when it is received. Should you have questions concerning this process do not hesitate to contact me directly at (518) 402 -8149. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 65 LABATT LABELS REFLECTING BUFFALO HEADQUARTERS Dear Members of the Buffalo Common Council, Labatt USA changed the labels on all its products to reflect our new Buffalo, New York corporate headquarters. Over the next couple of months, you will see the new labels on Labatt's products sold in bars, restaurants and at retail touting: Imported by Labatt USA, Buffalo, New York 14202. Wherever Labatt products are sold nationally, our hometown of Buffalo will be proudly represented. For our team at Labatt USA, many of whom relocated their families to this community, our new labels represent a change in lifestyle, neighborhood, school district, church and charities. It means much more than a change of address. We have chosen to be a part of Western New York. We live here. We work here. And we raise our children here together. We call Buffalo home. It's a good day to work at Labatt USA. Help us celebrate this significant milestone by raising your Labatt Blue or Labatt Blue Light and toasting the community that we have all come to love. Cheers, Glen Walter President RECEIVED AND FILED PETITIONS NO 66 P. LALLEY, OWNER, USE 2134 SENECA ST, FOR A OUTDOOR CAFE (SOUTH)(HRG 5/6) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO 67 P. GREGORY, AGENT, USE 175 DIVISION SOUTH FOR A PARKING LOT (ELL)(PUBLIC HRG 5/6/08) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO 68 D. SUCHAN, AGENT, USE 565 ABBOTT RD, MERCY HOSPITAL FOR A HELIPAD(SOUTH)(HRG 5/6) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO 69 D. MOELLER, AGENT, USE 120 BROADWAY, FOR A POLE SIGN(ELL)(HRG 5/6) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO 70 P. JOHNSON, AGENT, USE 765 ELMWOOD TO EXPAND AN EXISTING RESTAURANT(DEL)(HRG 5/6) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO 71 SPEED LIMIT AROUND MARINE DRIVE AND BUFFALO NAVAL PARK Dear Mr. Dan Kruze: I am writing to your office m regards to an issue of urgency in the matter of an area within the city of Buffalo. It refers to the speed limit in and around the Buffalo Naval Park. This is an area where most of the residents are elderly, disabled or children. Many times these residents are placed in danger trying to enter the Naval Park. With cars speeding with no regard for the safety of the residents or visitors crossing the street. In other areas of the city where the parks are located the speed limit is reduced to 15 mph. This same speed limit must be in placed on "Marine Drive" in order to protect the safety of the people surrounding the park area. As a person with limited mobility, the city has the responsibility to protect its residents. I will wait for your response and action to this matter. Sincerely, Christine Avino COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON WATERFRONT, THE COMMISSIONER OF POLICE AND THE COMMISSIONER OF PUBLIC WORKS. PARKS AND STREETS REGULAR COMMITTEES CML SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO 72 APPT STREET REPAIR WORKER (TEMP)(INTER)(HOWARD)(PW) CCP# 26,4/15 That Communication 26 of April 15, 2008 be received and Filed and that the Temporary appointment of Salvatore Howard, 149 Southside Pkwy, Buffalo, NY 14220 above at the Salary of $28,817 is hereby approved. PASSED AYES - 9 NOES — 0 NO 73 NOTICES OFAPPOINTMENTS- TEMP /PROV /PERRM (CTY CLK) (COM 48,4116) That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (MICHAEL P, KEARNS, CHAIRMAN) NO 74 ADDITIONAL INFORMAITON - FEDERAL FINANCIAL ASSISTANCE (COPMT) That the above item be the same and hereby is Received and Filed ADOPTED NO. 75 DRUG ASSET FORFEITURE WIRE TRANSFERS (POL) (COM 28,4/16) That the above item be the same and hereby is Received and Filed ADOPTED NO. 76 M. KEARNS -R. CHAPIN- LETTER RE GLF GRAIN ELEVATOR/MILL COMPLEX (COM 67,4/16) That the above item be the same and hereby is Referred to the Committee on Legislation ADOPTED NO. 77 D. SZMANSKI- NYSDEC- REPAIR ISSUES -BERN METAL /UNIVERSAL METAL SITE (COM 66,4/16) That the above item be the same and hereby is Received and Filed ADOPTED NO. 78 THE FRIENDS TO THE ELDERLY LEASE AMENDMENT (ITEM NO. 143, C.C.P., DEC. 11, 2007) (ITEM NO. 91, C.C.P., APR. 15, 2008) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Kearns moved: That this Common Council hereby approves the Friends to the Alderfly's request to sublet a portion of 118 East Utica Street to Lakeshore Behavioral Health Inc. pursuant to Section 10 of their current operating and lease agreement. This approval is conditioned on the Friends to the Elderly remitting these rents to the City in the form of payment of the utility costs identified as gas, electric, water, sewer and refuse disposal for the 118 East Utica facility. That this Common Council directs the Mayor and the Division of Real Estate to prepare the appropriate lease amendment to incorporate the intent of the parties as enumerated herein for the duration of the current lease agreement between the City and Friends to the Elderly for the operation of the 118 East Utica Street facility. PASSED AYES -9 NOES -0 NO. 79 RESCIND SALE AND RETUM DEPOSIT - 175 — GENESEE (ITEM NO. 7, C.C.P., APR. 1, 2008) That the Executive Director of Strategic Planning or his designee be, and be hereby is authorized to rescind the sale of 175 — Genesee to Timothy Kukulka, and return the property to inventory for resale and to reimburse the deposit of eight hundred and sixty dollars ($860.00) to Mr. Kukulka. PASSED AYES -9 NOES -0 NO. 80 A. THOMPSON -REQ AUDIT OF FINANCIAL RECORDS BFSA -AT LEAST 3 YRS (COM 46,3/18) That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (MICHAEL J. LOCURTO, CHAIRMAN) NO. 81 RESULTS OF NEGOTIATIONS -441 EAST FERRY (ITEM NO. 7, C.C.P., APR. 15, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: Mr. LoCurto moved that the above item be recommitted to the Committee on Community Development ADOPTED NO. 82 RESULTS OF NEGOTIATIONS - 95 REED (ITEM NO. 8, C.C.P., APR. 15, 2008) That the offer from Ms. Juanita Robinson, residing at 97 Reed Street, in the sum of One Thousand and Seven Hundred Dollars ($1,700.00) for the purchase of 95 Reed Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor he authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO. 83 B. DAVIS- PARKING LOT 175 S. DIVISION (COM 47,4/1) That the above item be the same and hereby is referred to the committee on Legislation ADOPTED NO. 84 B. DAVIS - WILLERT PARK VILLAGE COMM ASSOC- OPPOSITION TO 108 SYCAMORE PROJECT (COM 48,4/1) That the above item be the same and hereby is Received and Filed ADOPTED LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRMAN) NO. 85 C. BARRETT, PETITION TO USE 1000 ELMWOOD - EXPANSION OF RESTAURANT (ITEM NO. 67, C.C.P., APR. 15, 2008) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That after the public hearing before the Committee on Legislation on April 22, 2008, the petition of C. Barrett, agent, for permission to use 1000 Elmwood Avenue for a sidewalk patio to the front of an existing sit -in restaurant be, and hereby is approved. PASSED AYES -9 NOES -0 NO. 86. D. FLEMING, AGENT, USE 137MULBERRYFORAHSF (ELL)(NOPUBHRG) (NO 68, 4/15) That the above item be the same and hereby is Received and Filed ADOPTED NO. 87 G. SMITH, PETITION TO USE 19 CLYDE STREET - USED CAR SALES (ITEM NO. 69, C.C.P., APR. 15, 2008) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved that the above item be recommitted to the Committee on Legislation ADOTED NO. 88 J. PALMER, AGENT, USE 410 MASSACHUSETTS, FOR A HSF(NIA) (NO 71, 04/15) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 89 D. JACKSON- SUPPORTDELI, 266CAROLINA (ELL) (NO 72, 04/15) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 90 LL INTRO #1- CHAPTER 20- BUDGET (CORP COUN) (COM 30,04/16) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 91 BASIL GROUP REQ. FOR REMOVAL OF EASEMENT - 1180 ABBOTT ROAD REQUEST (ITEM NO. 31, C.C.P., APR. 15, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation- Mr. Golombek moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 92 M. KEARNS -BASIL GROUP -REQ REMOVAL OF EASEMENT 1180 ABBOTT RD (NO 107, 4/15) (NO 53, 4/1) That the above item be the same and hereby is Received and Filed ADOPTED NO. 93 RESTAURANT DANCING CLASS III RENEWAL - 33 FERRY EAST (ITEM NO. 38, C.C.P., APR. 15, 2008) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit & Inspection Services be, and he hereby is authorized to grant a Restaurant Dancing Class III license renewal to Trnnnis Goggins, d /b /a Wall Street, located at 33 Ferry East. PASSED AYES -9 NOES -0 NO. 94 RESTAURANT DANCING CLASS IV RENEWAL - 2426 SOUTH PARK (ITEM NO. 39, C.C.P., APR. 15, 2008) That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit & Inspection Services be, and he hereby is authorized to grant a Restaurant Dancing Class IV license renewal to Tamara Recckio, d /b /a South Park Bowling Inc., located at 2426 South Park. PASSED AYES -9 NOES -0 NO. 95 M. RODGERS,AGAINST PETITION TO SUPPORT DELI -255 CAROLINA (NO 63, 04/15) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 96 D. SMITH - CANISIUS COLLEGE - REPLACEMENT OF ATHLETIC FIELD TURF (NO 65, 04/15) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 97 J. BOOTH - BICYCLE PEDESTRIAN ADVISORY BD COMPLETE STREETS POLICY(PW) (NO 92,04/16)(#13,4/1) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 98 FOOD STORE LICENSE - 117-119 COLVIN (ITEM NO. 27, C.C.P., APR. 1, 2008) (ITEM NO. 101, C.C.P., APR. 15, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Bilal Yousafzai located at 117 -119 Colvin (Citgo). PASSED AYES -9 NOES -0 NO. 99 AMEND CH 51 L /CITY CODE TO RESTRICT DOCKING OF VESSELS IN BFLO COASTAL REV DIST (MAYOR)( #2,2/5) (NO 116, 4/15) That the above item be the same and hereby is Received and Filed ADOPTED NO. 100 ORDINANCE AMENDMENT - CHAPTER 511 - ZONING (BUFFALO COASTAL SPECIAL REVIEW DISTRICT) (ITEM NO. 97, C.C.P., FEB. 5, 2008) (ITEM NO. 117, C.C.P., APR. 15, 2008) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That the Ordinance Amendment as contained in Item No. 97, C.C.P., February 5, 2008, be and the same hereby is approved. PASSED AYES -9 NOES -0 NO. 101 FOOD STORE LICENSE - 389 GILDER (ITEM NO. 44, C.C.P., MAR. 4, 2008) (ITEM NO. 119, C.C.P., APR. 15, 2008) That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Fadhl Amran located at 389 Gilder d /b /a Gilder Discount Market. PASSED AYES -9 NOES -0 NO. 102 R. WEBSTER- REGARDING NO PARKING ON COLUMBIA STREET ITEM NO. 46, C.C.P., MAR. 18, 2008) That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to investigate the "No Parking Signs" on Columbia Street and report back to this Common Council. PASSED AYES -9 NOES -0 NO. 103 SITE CLEANLINESS & RECYCLING ORD- CHICAGO (NO 67, 03/04) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 104 USED CAR LICENSE- 1905 GENESEE (ITEM NO. 31, C.C.P., FEB. 5, 2008) (ITEM NO. 116, C.C.P., MAR. 4, 2008) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services Permit be, and he hereby is authorized to grant a Used Car Dealer license to Kisha Renfro d /b /a Fillmore Express located at 1905 Genesee Street. PASSED AYES -9 NOES -0 WATERFRONT DEVELOPMENT MICHAEL P. KEARNS CHAIRMAN NO. 105 S. DOLESKI- NYSDEC- DISMANTLING BARGE LANSDOWNE -SOUTH END MARINA BFLO HARBOR COB (NO 49, 04/01) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 106 ECHDC- PROJECT CONNECTING INNER AND OUTER HARBOR (MAYOR) (COM 3,04/16) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 107 M. KEAMS -J. ZAPPIERI- PROPOSED SOUTHTOWNS CONNECTOR PROJECT (NO 69,11/13)(#46,10/30) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 108 S. GEE- NYSDOT- RESPONSE SOUTHTOWNS CONNECTOR PROJECT (NO 84,10/16)(#66,10/2) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 109 M. KEARNS - NYSDOT TO RECONSIDER ITS PLAN FOR SOUTHTOWNS CONNECTOR PROJECT (NO 39,09/18) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 110 D. FRANCZYK -J. MASCIA- CONCEMS- MARINE DRIVE APTS. (NO 44,10/17) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 111 M. KEARNS -INFO RES HAVING A COUNCIL REP SERVE ON THE ERIE CANAL HARBOR DEV CORP (NO 76, 07/10)( #692,6/26) That the above item be the same and hereby is Received and Filed. ADOPTED RESOLUTIONS NO. 112 MR. DAVIS & MR. SMITH CONDEMN RACIALLY- DIVISIVE COMMENTS AND REQUEST NYS LEGISLATURE TO ENACT LEGISLATION, WHICH WOULD PROHIBIT INDIVIDUALS WHO MAKE RACIALLY- OFFENSIVE OR INSENSITIVE REMARKS FROM MAINTAINING OR OBTAINING PUBLIC LEASES Whereas This past week, Carl Paladino, President of Ellicott Development, made racially offensive remarks with respect to Superintendent of Buffalo Public Schools Dr. James A. Williams; and Whereas These racially divisive comments were initially made in the presence of many children, in a public forum where race relations was not even the topic; and Whereas Mr. Paladino not only refused to retract his comments, but rather stood behind them when confronted by a local television outlet, which led to an even greater audience being exposed to these racially- offensive remarks; Whereas Mr. Paladino's comments are even more disturbing when considering the fact that he and his company have engaged in numerous development projects and business arrangements with assistance from the Federal, State, and Local Governments of Western New York in the public domain; and Whereas We are proud to live and govern in an open society, where the rational exchange of ideas and freedom of speech is encouraged and promoted; and Whereas However, it is essential that government serve all people without limitation of race, creed, ethnicity, or sexual orientation, and in doing so should not promote or engage in business, including entering into leases and /or contracts, with individuals who engage in racially irresponsible, insensitive, or offensive conduct; and Now, Therefore, Be It Resolved: That the City of Buffalo hereby takes offense to and condemns the racially divisive comments made by Mr. Paladino with respect to Dr. James Williams; and Be It Further Resolved: That this Common Council requests the NYS Legislature explore enacting legislation prohibiting individuals who engage in racially - offensive -)— conduct from obtaining or maintaining public leases and /or contracts; and Be It Finally Resolved: That this resolution be forwarded to the Erie County Executive, the Erie County Legislature, each member of the WNY State Legislative Delegation, the NYS Division of Human Rights, the City of Buffalo Commission on Citizens Rights, and Governor David Paterson Mr. Davis made a motion to Adopt 1 sc and 3 rd resolve and send the second resolve to the committee on Legislation and the Corporation Counsel seconded by Mr. Fontana AYES — DAVIS, FONTANA, LOCURTO, RUSSELL, SMITH - 5 NOES — FRANCZYK, GOLOMBEK, KEARNS, RIVERA - 4 NO. 113 MR. GOLOMBEK THE NEED FOR A GREATER POLICE PRESENCE IN THE CITY OF BUFFALO Whereas: Buffalo police officers often advise City residents to call their Councilmember to voice various neighborhood complaints, including quality of life, criminal, and drug related complaints; and Whereas: Recently, the North District Council office has been experiencing a spike in neighborhood complaints, some which remain unresolved, and many of which continue to frustrate, alienate, and anger the good, law abiding citizens of this City; and Whereas: My support of the Buffalo Police Department and their anticipated increase in officers remains unwavering, as I recognize that the significant workload coupled with the small size of the police force makes combating crime incredibly difficult; and Whereas: However I believe that we cannot continue to let our neighborhoods experience the level of criminal activity that is currently taking place in the City of Buffalo; and Whereas: As New York State and Erie County taxpayers we are entitled to the services of all of our police forces including, the New York State Troopers, Erie County Sheriffs, Niagara Frontier Transportation Authority Police, and without diminishing their priority to ensure campus security, the University Police forces at both Buffalo State College and the University at Buffalo; and Whereas: An increase in police presence, above and beyond what is already being provided, is needed to stem criminal activity in City neighborhoods; and Now Therefore Be It Resolved That the Buffalo Common Council requests an increase in police presence from the New York State Troopers, Erie County Sheriffs Department, Niagara Frontier Transportation Authority Police Department along transit routes, and Buffalo State's and University at Buffalo's University Police forces in neighborhoods adjacent to their respective campuses to support the efforts of the Buffalo Police Department in fighting crime. Be It Further Resolved That this item be sent to Buffalo Police Commissioner H. McCarthy Gipson, Erie County Sheriff Timothy B. Howard, New York State Troopers Superintendent Harry J. Corbitt, NFTA Police Chief Joseph Riga, Buffalo State Police Chief Peter Carey, University at Buffalo Chief of Police Gerald W. Schoenle Jr., the Buffalo Board of Block Clubs, and the Good Neighbor Planning Alliances for their comments. Be It Finally Resolved That this item be sent to the appropriate committee of the Common Council to receive and discuss the responses requested above. ADOPT 1st RESOLVE THE 2nd TO LEGISLATION NO. 114 BY: MR. GOLOMBEK CITY OF BUFFALO LOCAL LAW NO. -- (2008) INTRO. NO.2 (2008) A LOCAL LAW AMENDING ARTICLE SIX OF THE CHARTER OF THE CITY OF BUFFALO AUTHORIZING THE BUFFALO COMMON COUNCIL TO MAKE APPLICATION TO AMEND CERTAIN AREAS WITHIN THE CITY OF BUFFALO AS AN EMPIRE ZONE. WHEREAS, by Local Law No. 5 of 1994, the City of Buffalo authorized the Buffalo Economic Renaissance Corporation to prepare and submit the City of Buffalo application for designation of the Empire Zone, pursuant to Section 961 of the General Municipal Law, and the creation of such Zone was approved by the New York State Commissioner of Economic Development and such Zone #38 was formally designated by the Empire Zones Designation Board on July 27, 1994; and WHEREAS, The Buffalo Economic Renaissance Corporation on behalf of the City of Buffalo is authorized to amend its Empire Zone boundaries to maximize the advantages of the Empire Zone program; and WHEREAS, The City of Buffalo and The Buffalo Economic Renaissance Corporation have determined that the Empire Zone program should be targeted to assist businesses that will produce new wealth for the City of Buffalo through the creation of new quality jobs and through new investment; and WHEREAS, The City of Buffalo and The Buffalo Economic Renaissance Corporation proposes to amend the Empire Zone boundaries to conform to the revised Empire Zone Development Plan; and WHEREAS, such revised boundaries will greatly benefit the City of Buffalo in that new businesses would be encouraged to locate in the Zone area, existing businesses would be encouraged to expand in the Zone area, and new and expanded businesses would generate new jobs for City of Buffalo residents; and WHEREAS, a draft of the amended Empire Zone Development Plan is hereby authorized to be submitted along with the boundary revision application to the New York State Commissioner of Economic Development; and NOW, THEREFORE, BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO, as follows: Section 1. The Buffalo Economic Renaissance Corporation is hereby authorized and empowered to submit an application for re- designation of certain areas within the City of Buffalo as an Empire Zone; provided, however, that such authorization and empowerment shall be conditioned upon the concurrence, through properly adopted resolution(s) with respect to such application of the governing bodies of any and all cities, towns and villages in which such zone is located. Section 2. The boundaries of said areas to be included in said Empire Zone #38 shall be as set forth in Schedule A, which is attached hereto and made a part hereof. Section 3. Pursuant to requirements of Section 963(a) of the General Municipal Law, the President of BERC, or an appointee, shall continue to serve as the Local Empire Zone Certification Officer of the City of Buffalo Empire Zone, and shall, pursuant to the regulations promulgated pursuant to Article 18 -B of the General Municipal Law, perform the following duty, to wit: certify, jointly with the New York State Commissioner of Economic Development and the New York State Commissioner of Labor, those businesses enterprises that are eligible to receive those benefits referred to in Section 966 of the General Municipal Law, and any other applicable statutes. Section 4. Pursuant to Article 18 -B of the General Municipal Law, the Local Empire Zone Administrative Board as presently constituted is hereby continued. The Local Empire Zone Administrative Board, pursuant to Section 963(a) of the General Municipal Law, as amended, shall approve for certification by the Zone Certification Officer, the New York State Commissioner of Economic Development, and the New York State Commissioner of Labor, the applications of those businesses eligible for certification to receive the benefits referred to in Section 966 of the General Municipal Law, and shall perform all other duties required of it pursuant to Section 963(b) of the General Municipal Law, Section 5. This local law shall take effect upon filing in the Office of the Secretary of State as provided by Section 27 of the Municipal Home Rule Law. SCHEDULE A (2) ZONE 38. The boundaries of Zone 38 shall be defined as those parcels in the City of Buffalo described by the SBL numbers and addresses listed below Addresses available for review in The City Clerk's Office Section 6 Insofar as the provision of this local law are inconsistent with 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 7 This local law shall take effect immediately IT IS HEREBY CERTIFIED, pursuant to Section 20 of the Municipal Home Rule Law, that the immediate passage of this Local Law is necessary APPROVED AS TO FORM Asst Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted PASSED AYES -9 NOES -0 NO. 115 BY: MR. GOLOMBEK A LOCAL LAW CITY OF BUFFALO LOCAL LAW NO. (2008) INTRO. NO. 3 -- (2008) AMENDING ARTICLE SIX OF THE CHARTER OF THE CITY OF BUFFALO AUTHORIZING THE BUFFALO COMMON COUNCIL TO MAKE APPLICATION TO AMEND CERTAIN AREAS WITHIN THE CITY OF BUFFALO AS AN EMPIRE ZONE. WHEREAS, by Local Law No. 5 of 2000, the City of Buffalo authorized the Buffalo Economic Renaissance Corporation to prepare and submit the City of Buffalo application for designation of the Empire Zone, pursuant to Section 961 of the General Municipal Law, and the creation of such Zone was approved by the New York State Commissioner of Economic Development and such Zone #74 was formally designated by the Empire Zones Designation Board on January 8, 2002; and WHEREAS, The Buffalo Economic Renaissance Corporation on behalf of the City of Buffalo is authorized to amend its Empire Zone boundaries to maximize the advantages of the Empire Zone program; and WHEREAS, The City of Buffalo and The Buffalo Economic Renaissance Corporation have determined that the Empire Zone program should be targeted to assist businesses that will produce new wealth for the City of Buffalo through the creation of new quality jobs and through new investment; and WHEREAS, The City of Buffalo and The Buffalo Economic Renaissance Corporation proposes to amend the Empire Zone boundaries to conform to the revised Empire Zone Development Plan; and WHEREAS, such revised boundaries will greatly benefit the City of Buffalo in that new businesses would be encouraged to locate in the zone area, existing businesses would be encouraged to expand in the zone area, and new and expanded businesses would generate new jobs for City of Buffalo residents; and WHEREAS, a draft of the amended Empire Zone Development Plan is hereby authorized to be submitted along with the boundary revision application to the New York State Commissioner of Economic Development; and NOW, THEREFORE, BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO, as follows: Section 1. The Buffalo Economic Renaissance Corporation is hereby authorized and empowered to submit an application for re- designation of certain areas within the City of Buffalo as an Empire Zone; provided, however, that such authorization and empowerment shall be conditioned upon the concurrence, through properly adopted resolution(s) with respect to such application of the governing bodies of any and all cities, towns and villages in which such zone is located. Section 2. The boundaries of said areas to be included in said Empire Zone #74 shall be as set forth in Schedule A, which is attached hereto and made a part hereof. Section3. Pursuant to requirements of Section 963(a) of the General Municipal Law, the President of BERC, or an appointee, shall continue to serve as the Local Empire Zone Certification Officer of the City of Buffalo Empire Zone, and shall, pursuant to the regulations promulgated pursuant to Article 18 -B of the General Municipal Law, perform the following duty, to wit: certify, jointly with the New York State Commissioner of Economic Development and the New York State Commissioner of Labor, those businesses enterprises that are eligible to receive those benefits referred to in Section 966 of the General Municipal Law, and any other applicable statutes. Section 4. Pursuant to Article 18 -B of the General Municipal Law, the Local Empire Zone Administrative Board as presently constituted is hereby continued. The Local Empire Zone Administrative Board, pursuant to Section 963(a) of the General Municipal Law, as amended, shall approve for certification by the Zone Certification Officer, the New York State Commissioner of Economic Development, and the New York State Commissioner of Labor, the applications of those businesses eligible for certification to receive the benefits referred to in Section 966 of the General Municipal Law, and shall perform all other duties required of it pursuant to Section 963(b) of the General Municipal Law, Section 5. This local law shall take effect upon filing in the Office of the Secretary of State as provided by Section 27 of the Municipal Home Rule Law. SCHEDULE A (3) ZONE 74. The boundaries of Zone 74 shall be defined as those parcels in the City of Buffalo described by the SBL numbers and addresses listed below Available for review in the city Clerk's Office Section 6 Insofar as the provision of this local law are inconsistent with 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 7 This local law shall take effect immediately IT IS HEREBY CERTIFIED, pursuant to Section 20 of the Municipal Home Rule Law, that the immediate passage of this Local Law is necessary APPROVED AS TO FORM Asst Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted PASSED AYES -9 NOES -0 NO. 116 BY: MR. GOLOMBEK RESOLUTION SUPPORTING AND CONCURRING IN THE CITY OF BUFFALO'S APPLICATION FOR REDESIGNATION OF CERTAIN AREAS WITHIN TILE CITY OF BUFFALO AS AN EMPIRE ZONE (ZONE #74) WHEREAS, pursuant to Section 961 of the General Municipal Law, the City of Buffalo is authorized, pursuant to Local Law to submit an application for designation of certain areas as an Empire Zone within the meaning of said statute, such designation was approved by the New York State Commissioner of Economic Development and was formally designated by the Empire Zones Designation Board on January 8, 2002; and WHEREAS, The Buffalo Economic Renaissance Corporation on behalf of the City of Buffalo is authorized to amend its Empire Zone boundaries to maximize the advantages of the Empire Zone program; and WHEREAS, The City of Buffalo and The Buffalo Economic Renaissance Corporation have determined that the Empire Zone program should be targeted to assist businesses that will produce new wealth for the City of Buffalo through the creation of new quality jobs and though new investment; and WHEREAS, The City of Buffalo and The Buffalo Economic Renaissance Corporation propose to amend the Empire Zone boundaries to conform to the revised Empire Zone plan; and WHEREAS, such revised boundaries will greatly benefit the City of Buffalo in that new businesses would be encouraged to locate in the zone area, existing businesses would be encouraged to expand in the zone area, and new and expanded businesses would generate new jobs for City of Buffalo residents; and WHEREAS, a draft of the amended Zone Development Plan is hereby authorized to be submitted along with the redesignation application to the New York State Commissioner of Economic Development; and WHEREAS, such redesignation could greatly benefit the City of Buffalo in that new businesses would be encouraged to locate in the zone area, existing businesses would be encouraged to expand in the zone area and new and expanded businesses would generate new jobs for City of Buffalo residents; and WHEREAS, the Buffalo Economic Renaissance Corporation intends to authorize the submission of an application for the redesignation of areas within the City of Buffalo as an Empire Zone; and certain areas within the City of Buffalo as part of the proposed Empire Zone; and WHEREAS, the Buffalo Economic Renaissance Corporation wishes to redesignate WHEREAS, the City of Buffalo is desirous to work with the Buffalo Employment Training Center through the Empire Zone Program to provide enhanced job opportunities for its residents; and NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Buffalo, New York, that it fully supports and concurs in the submission of an application by the BERC for the redesignation of certain areas as an Empire Zone. PASSED AYES -9 NOES -0 NO. 117 BY: MR. GOLOMBEK RE: DISCHARGE LEGISLATION COMMITTEE ITEM #108 C.C.P. MARCH 4, 2008 "SIDEWALK CAFE LICENSE -79 CHIPPEWA WEST(ELL)(EDPI)" Whereas: The above item is currently in the Legislation Committee; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore Be it Resolved: That this Common Council does hereby discharge the Legislation Committee from further consideration of Item # 108, C.C.P. March 4, 2008 "Sidewalk Cafe License -79 Chippewa West(ELL)(EDPI)" and said item is now before the Common Council for its consideration. APPROVED WITH THE FOLLOWING CONDITIONS 1. There shall be no outdoor music allowed 2. The license is non - transferable 3. No special events or public dances to be held by anyone other then the owner 4. No Co- mingling events between those of legal age and those under 21 5. There will be no one under the age of 21 years old permitted after 10:00pm, unless employed by the establishment (no co- mingling of patrons) 6. If present, graffiti must be removed from exterior of establishment within 72 hours 7. Exterior of premises must be cleaned and free of debris by 7:OOam each morning this shall include removal of trash from any receptacles in front of or adjacent to property 8. There shall be no plastic banners and /or non permanent signage displayed between the hours of 7:OOam - 9:OOpm daily 9. Valid exclusively for the primary use of and the day -to -day operations of this Business /Owner as so indicated on this License. This license is personal and cannot be directly or indirectly transferred or assigned. 10. This licensee cannot lease, rent or otherwise allow any third party that is not the owner /licensee of the establishment, whether or not a fee is charged; to hold and /or conduct any "Public Dance" or similar "Special Event' at this establishment. 11. This licensee cannot be used in conjunction with any "co- mingling event' whereby patrons of a legal drinking age and patrons not of a legal drinking age as so prescribed by the laws of New York State are attending and /or otherwise "co- mingling" at any single event occurring at this establishment. PASSED AYES -9 NOES -0 NO. 118 BY: MR. GOLOMBEK RESOLUTION SUPPORTING AND CONCURRING IN THE CITY OF BUFFALO'S APPLICATION FOR REDESIGNATION OF CERTAIN AREAS WITHIN THE CITY OF BUFFALO AS AN EMPIRE ZONE (ZONE #38) ..... WHEREAS, pursuant to Section 961 of the General Municipal Law, the City of Buffalo is authorized, pursuant to Local Law to submit an application for designation of certain areas as an Empire Zone within the meaning of said statute, such designation was approved by the New York State Commissioner of Economic Development and was formally designated by the Empire Zones Designation Board on July 27, 1994; and WHEREAS, The Buffalo Economic Renaissance Corporation on behalf of the City of Buffalo is authorized to amend its Empire Zone boundaries to maximize the advantages of the Empire Zone program; and WHEREAS, The City of Buffalo and The Buffalo Economic Renaissance Corporation have determined that the Empire Zone program should be targeted to assist businesses that will produce new wealth for the City of Buffalo through the creation of new quality jobs and though new investment; and WHEREAS, The City of Buffalo and The Buffalo Economic Renaissance Corporation propose to amend the Empire Zone boundaries to conform to the revised Empire Zone plan; and WHEREAS, such revised boundaries will greatly benefit the City of Buffalo in that new businesses would be encouraged to locate in the zone area, existing businesses would be encouraged to expand in the zone area, and new and expanded businesses would generate new jobs for City of Buffalo residents; and WHEREAS, a draft of the amended Zone Development Plan is hereby authorized to be submitted along with the redesignation application to the New York State Commissioner of Economic Development; and WHEREAS, such redesignation could greatly benefit the City of Buffalo in that new businesses would be encouraged to locate in the zone area, existing businesses would be encouraged to expand in the zone area and new and expanded businesses would generate new jobs for City of Buffalo residents; and WHEREAS, the Buffalo Economic Renaissance Corporation intends to authorize the submission of an application for the redesignation of areas within the City of Buffalo as an Empire Zone; and WHEREAS, the Buffalo Economic Renaissance Corporation wishes to redesignate certain areas within the City of Buffalo as part of the proposed Empire Zone; and WHEREAS, the City of Buffalo is desirous to work with the Buffalo Employment Training Center through the Empire Zone Program to provide enhanced job opportunities for its — residents; and NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Buffalo, New York, that it fully supports and concurs in the submission of an application by the BERC for the redesignation of certain areas as an Empire Zone. PASSED AYES -9 NOES -0 NO. 119 BY: MR. KEARNS TRANSFER OF FUNDS PVB 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 $65,000 be and the same is hereby transferred within Parking Violations and said sum is hereby reappropriated as set forth below: From: PVB 11475006 - 432001 Auditing Services $65,000 TO PVB 11412006 - 480000 Towing $65,000 REFERRED TO THE COMMITTEE ON FINANCE NO. 120 BY: MR. KEARNS TRANSFER OF FUNDS COMMON COUNCIL - LEGISLATIVE That pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $2,500 be and the same is hereby transferred within Common Council Legislative and said sum is hereby reappropriated as set forth below: From: Common Council Legislative 10112001 - 411001 Salary $2,500 To: Common Council Legislative 10102001 - 411002 Hourly Salary $2,500 PASSED AYES -9 NOES -0 NO. 121 BY: MR. LOCURTO CITY DEPARTMENTS TO PROVIDE INFORMATION FOR "TWENTY -FOUR HOUR" AND "TAKE- HOME" CITY MOTOR VEHICLE USE WHEREAS: The City of Buffalo owns a significant number of automobiles some of which are assigned to employees for "24- hour" use or authorized for "take- home" use; and WHEREAS: The fuel and maintenance expenses for these vehicles is expected to increase, with many economists projecting that gasoline prices alone may exceed $4.00 /Gallon in the next few months; and WHEREAS: As a result of ever - rising prices for petroleum products, the amount that the City has allocated in its annual budget for such expenses may become insufficient to pay these costs; and WHEREAS: Many taxpayers are facing this same dilemma and have already taken steps to reexamine their own driving habits; and WHEREAS: The Common Council has a duty, and Taxpayers have a right, to monitor the driving habits of City employees in an effort to cope with the unabated rise in petroleum product costs; and WHEREAS: It is also prudent to examine the policies governing the use of City owned vehicles to determine whether additional cost - savings policies can be enacted to save taxpayer dollars; and WHEREAS: All concerned have a duty and responsibility to identify and prevent any potential waste, fraud and abuse associated with the use of City -owned property. NOW, THEREFORE BE IT RESOLVED THAT: All City Departments are hereby directed to furnish to this Common Council for deliberation at its meeting scheduled for May 13, 2008, the following information regarding each City of Buffalo Motor Vehicle designated for twenty -four (24) hour or "Take -Home Use ": • Name of Employee, employing Dept Div, and Job title who have either 24 -hour or Take -Home Motor Vehicle assignment or authorization • Make, Model and Model Year of respective motor vehicle (e.g.: car, truck, motor cycle or specify) • Number of Engine Cylinders (e.g.: 4, 6, 8 or specify) • Type of Fuel Used (e.g.: gasoline, diesel or specify) • Whether Marked with a City Seal or Unmarked AND BE IT FURTHER RESOLVED THAT: Each Department having applicability herein is hereby directed to furnish a copy of their Departmental policies governing the motor vehicles identified herein. AND BE IT FINALLY RESOLVED THAT: That the Department of Police shall furnish the information requested above for Marked and Unmarked motor vehicles and that in recognition of the need to conduct undercover police work, the Police Department shall only furnish the total number of motor vehicles designated for Undercover use. ADOPT 1s 2 nd and 3 rd RESOLVES THE REMAINDER TO FINANCE NO 122 BY: BY: MESSRS. LOCURTO, RIVERA AND GOLOMBEK RE:ORDI ANC.EAMENDMENT CHAPTER 413, STREETS AND SIDEWALKS ARTICLE XIV, COMPLETE STREETS The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 413 of the Code of the City of Buffalo be amended to read as follows: §413 -68 Complete Streets Defined A. Complete Streets are defined as facilities that are designed and operated to enable safe access for all users. Persons with disabilities, pedestrians, bicyclists, motorists and transit riders are able to safely move along and across a complete street. §413 -69 Implementation of Complete Streets and Exceptions A. The Commissioner of Public Works, Parks and Streets shall include pedestrian and bicycle facilities in all new street construction, street reconstruction, street maintenance, public works and park projects undertaken by the City of Buffalo subject to the exceptions contained herein. B. The City of Buffalo Bicycle and Pedestrian Advisory Board shall review all new street construction, street reconstruction and street maintenance projects undertaken by the City of Buffalo and shall provide consultation regarding its implementation as a complete street. C. The inclusion of bicycle and pedestrian facilities shall be mandated in all new street construction, street reconstruction and street maintenance projects undertaken by the City of Buffalo unless one of the following conditions exists: 1. Bicyclists and pedestrians are prohibited by law from using the facility. In this case, alternative facilities and accommodations for pedestrians and bicyclists shall be provided within the same transportation corridor as determined by the Commissioner of Public Works, Parks and Streets. 2. The cost of establishing bikeways or walkways would be disproportionate to the need or probable use. Costs shall be considered disproportionate for purposes of this section if the cost of including bicycle and pedestrian facilities exceeds twenty percent of the cost of the larger project. 3. Where the existing right of way does not allow for sidewalks, bike lanes, paths or other improvements. In this case, the Commissioner shall explore alternatives such as the use of revised travel lane configurations, paved shoulders, signage, traffic calming, education or enforcement to accommodate pedestrians, cyclists and persons with disabilities. If the Commissioner makes said determination he shall reduce it to writing and file it with appropriate supporting documentation with the Common Council and Bicycle and Pedestrian Advisory Board for its information and review. 4. Where the Commissioner determines that the inclusion of bicycle and /or pedestrian facilities on a roadway would constitute a threat to the health, safety and /or welfare to the motorists and /or pedestrians and bicyclists of the City of Buffalo. If the Commissioner makes said determination he shall confirm it in writing and file it with appropriate supporting documentation with the Common Council and Bicycle and Pedestrian Advisory Board for its information and review. §413 -70 Planning Design and Maintenance of Facilities A. Bicycle and Pedestrian facilities will be planned, designed, developed and maintained in accordance with guidelines adopted by the United States Department of Transportation (USDOT), New York State Department of Transportation (NYSDOT) and the American Association of State Highway and Transportation Officials (AASHTO) or other guidelines approved by the City of Buffalo. B. All public offices and buildings owned by or within the City of Buffalo; including the Board of Education and Niagara Frontier Transportation Authority shall be accessible by pedestrians and bicyclists and shall be equipped with bicycle parking facilities, lockers and showers in accordance with the zoning and planning provisions of this Code. REFERRED TO THE COMMITTEE ON LEGISLATION NO 123 BY: MR. LOCURTO COSPONSORS: MR. FONTANA, MR. KEARNS RE: REQUESTING AN AUDIT OF MAYOR'S IMPACT TEAM WHEREAS: three city workers with the Mayor's Impact Team were recently suspended without pay pending an investigation for allegedly performing landscaping work during regular working hours Friday at the private property of one of the individuals; and WHEREAS: these actions represent the misuse of City workers and City vehicles; and WHEREAS: unfortunately, this is not the first time misuse of City vehicles by the Mayor's Impact Team has been documented; and WHEREAS: because of the involvement of many different departments, allocations to the Mayor's Impact Team are not itemized in the City's Annual Budget; and WHEREAS: the actions of a select few should not damage the reputation and work ethic of the Mayor's Impact Team and the good that it has been able to accomplish; and WHEREAS: the misuse of taxpayer money breeds mistrust of and cynicism in government. NOW, THEREFOR BE IT RESOLVED THAT: The Common Council requests that the City Comptroller performs an immediate audit of the Mayor's Impact Team's operations and financial expenditures including equipment and cell phone use; and that given the gravity of the allegations, that this report be returned to this honorable body as soon as possible. AND BE IT FURTHER RESOLVED THAT: This matter be referred to the appropriate committee of the Common Council for further consideration. REFERRED TO THE COMMITTEE ON FINANCE NO 124 BY: MR. RIVERA IN SUPPORT OF THE CHIEF PETTY OFFICER'S CLUB WHEREAS, the State of New York began leasing its former waterfront Amory located at 5 Porter Avenue to the Chief Petty Officers Club in the 1970s, establishing a long history of camaraderie among military reservists, retirees, and veterans as well all residents of the City of Buffalo; and WHEREAS, the CPO Club has hosted numerous public and private functions over the years, including weekly fish fries, weddings, and large community events, all of which enjoyed the Club's one -of -a -kind atmosphere and scenic view of the Niagara River; and WHEREAS, in recent years the CPO building has accrued numerous health and safety violations, prompting the NYS Department of Military and Naval Affairs to recently issue a notice of eviction; and WHEREAS, New York State Assemblymember Sam Hoyt has been working with the DMNA, the New York State Historic Preservation Office, and other state officials to both reconsider the eviction of the CPO Club and discourage a demolition of the historic building; and WHEREAS, the CPO Club is among many West Side institutions hoping to see renewed interest and investment as development of the region's waterfront continues, including the West Side Rowing Club, the Frank Lloyd Wright Boathouse, and the Buffalo Yacht Club. NOW, THEREFORE BE IT RESOLVED, that the Common Council of the City of Buffalo values the historic significance of both the Chief Petty Officers Club and the building located at 5 Porter Avenue, and is opposed to plans for demolition as a solution to the numerous health and safety violations accrued over recent years; and BE IT FURTHER RESOLVED, that the Common Council of the City of Buffalo applauds the efforts of state officials, including Assemblymember Sam Hoyt and the Department of Military and Naval Affairs, to find a creative solution to this important issue affecting our waterfront and community. ADOPTED NO 126 SPONSOR: MR. D. SMITH BUDGET AMENDMENTS Whereas: Article 3 -7 gives the Common Council of the City of Buffalo the duty to adopt the annual operating budget of the City of Buffalo; and Whereas: In the City Budget process, the Mayor initially proposed the budget and after review the Council has the option to amend the budget: and Whereas: There is no law, article or code which dictates a length of time for a review of written budget amendments or technical changes; and Whereas: A local law must be laid on the table in its final form at least seven calendar days exclusive of Sunday prior to its final passage; and Whereas: In any budgetary process transparency is essential, especially in closed negotiations between the Legislative and Executive branch; and Whereas: Final Budget amendments and technical changes should have at least a 48 table wait before a final vote to allow for proper review or inspection of documents by the general public and Council; and Whereas: Modification of rules and regulations in the adoption of budgetary amendments and technical changes are integral steps in reform. Therefore, Be It Resolved: That all budgetary amendments by the Common Council made during the yearly budgetary process be laid on the table and made available for assessment at least 48 hours prior to passage exclusive of Saturday and Sunday. REFERRED TO THE SPECIAL COMMITTEE ON BUDGET NO 126 BY: MR. SMITH TRAILBLAZING SIGN REQUEST FOR MACK LUCHEY Whereas: Mack Luchey, a self -make entrepreneur, is owner of Doris Records one of the largest independently owned record stores in Western New York; and Whereas: While serving our community for over forty years, Mr. Luchey has sponsored a myriad of community events including the Juneteenth Track and Field Run, the Juneteenth Festival and little league sports teams; and Whereas: Mr. Luchey is a Golden Heritage member of the NAACP and a board member of the YMCA; and Whereas: In honor of Mack Luchey, a request has been that this Honorable Body place a trailblazing marker, designating a portion of E. Ferry Street Mack Luchey Way; and Now, Therefore be it Resolved: That the Common Council joins in with our community in expressing its sincere appreciation to Mack Luchey, for his dedication and commitment to serving the residents of the City of Buffalo; and Be it Further Resolved: That the Common Council of the City of Buffalo does hereby approve the request to place a trailblazing marker designating E. Ferry Street, from the corner of Jefferson Avenue to the corner of Roehrer, Mack Luchey Way. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO 127 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, May 6, 2008 at 9:45 o'clock A.M. Committee on Finance Tuesday, May 6, 2008 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, May 6, 2008 at 1:00 o'clock P.M. Committee on Legislation Tuesday, May 6, 2008 at 2:00 o'clock P.M. • Special Committees Finance Tuesday April 29, 2008 at 5:00 o'clock PM. Finance Wednesday April 30, 2008 at 11:00 o'clock AM (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 128 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mrs. Russell, the Council adjourned at 3:35 PM Gerald Chwalinski City Clerk April 29, 2008