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Home My WebLink About08-0902No. 16 PROCEEDINGS OF THE CITY OF BUFFALO September 2, 2008 MAYOR Hon. Byron W. Brown COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL FILLMORE DISTRICT DAVID A. FRANCZYK PRESIDENT PRO TEMPORE SOUTH DISTRICT MICHAEL P. KEARNS MAJORITY LEADER LOVEJOY DISTRICT RICHARD A. FONTANA DISTRICT COUNCIL MEMBERS BRIAN C. DAVIS — ELLICOTT DEMONE A. SMITH — MASTEN MICHAEL J. LO CURTO — DELAWARE JOSEPH GOLOMBEK JR. — NORTH DAVID A. RIVERA- NIAGARA BONNIE C. RUSSELL REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Brian C. Davis, Michael P. Kearns, David A. Rivera, Joseph Golombek Jr. - Members CLAIMS COMMITTEE: David A. Rivera Chairman, Michael P. Kearns, Richard A. Fontana, Bonnie E. Russell,- Members COMMUNITY DEVELOPMENT COMMITTEE: Michael LoCurto, Chairman, Richard A. Fontana, Joseph Golombek Jr., David A. Rivera. Demone Smith - Members FINANCE COMMITTEE: Michael P. Kearns, Chairman, Brian C. Davis, Michael J. LoCurto, David A. Rivera, Bonnie E. Russell - Members. LEGISLATION COMMITTEE: Joseph Golombek Jr., Chairman, Brian Davis, Richard A. Fontana, Michael LoCurto, David Rivera - Members. RULES COMMITTEE: David A. Franczyk, Chairman, Michael P. Kearns, Richard A. Fontana - Members SPECIAL COMMITTEES BUDGET COMMITTEE: Richard A. Fontana., Chairman, Michael P. Kearns, Michael J. LoCurto, Demone Smith - Members MINORITY BUSINESS ENTERPRISE COMMITTEE - ,Demone Smith Chairman Brian C. Davis, Richard A. Fontana, Joseph Golombek, Jr, David A. Rivera, Members EDUCATION COMMITTEE ;Demone Smith Chairman, Brian C. Davis, Richard A. Fontana, Members WATERFRONT DEVELOPMENT COMMITTEE — Michael P. Kearns, Chairman, Brian C. Davis, Joseph Golombek, jr, David A.Rivera, members FINAL INVOCATION PLEDGE TO FLAG DATE September 2, 2008 MAYOR 1. Appt Comm of Human Resources -Karla L. Thomas LEG,COLL MAYOR - EXECUTIVE 2. Cit Serv- Submission of Monthly Report -July 2008 R &F 3. Pres Bd- Recommendations - Four Applications for Landmark Sites LEG 4. Plan Bd- Positive Declaration- Kaleida Health W & C Hosp 125 -143 Hodge(Nia) R &F 5. Strat Plan -Perm to Accept Title- 316 -320 Purdy & Portion 281 -285 Purdy(Mas) CD 6. Strat Plan -SEAR Lead Agency Bflo Niag Med Campus -North End Dev R &F 7. Strat Plan - Results Neg -121 Myrtle (Ell) APP COMPTROLLER 8. Audit Report- Mayors Impact Team FIN,CIT SERV 9. City Parks Capital Funding FIN 10. New Way of Providing Non - Financial Assist to Comm Based Organizations FIN 11. Appt Senior Auditor (Tern p)(Trautman)(Step II) CS 12. Appt Senior Auditor (Temp)(Emminger)(Step IV) CS COUNCIL PRESIDENT 13. Appt Members to Police Oversight Special Committee R &F PUBLIC WORKS 14. Notif Serials 10240 -10243 (Ell) LEG 15. Change in Contract - Bailey Genesee Fire Station Contruction(Lov) APP 16. Change in Contract - Shea's Perf Arts Center(Ell) APP 17. Perm to Engage Services- Consulting Eng -Rehab Pumping Equip(Ell) APP 18. Perm to Enter Agmt- Resurfacing City Streets(Del, North) APP 19. Perm to Enter Agmt- Resurfacing City Streets(Fill, Lov & South) APP 20. Perm to Hire Consultant & Enter Agmt for Design, Inspection and Construction of Niagara St(Ell) APP 21. Perm to Hire Consultant & Enter Agmt for Design, Inspection and Construction of South Park Ave (South) FIN 22. Perm to Hire Consultant- Houghton Park Casino Reconst (Lov) APP 23. Perm to Hire Consultant for Inspection Services FIN 24. Response - Annual Cultural Walk of Fame CD 25. Review of Examination Announcements - Pumping Plant Operator R &F 26. Report of Bids - Michigan Ave Corridor Rehab(Ell) APP 27. Appt Assistant Engineer (Perm)(Max)(Schmarder) CS 28. Appt Principal Engineer (Temp)(Max)(Ghasemi) CS 29. Appt Sr Engineer (Prov)(Inter)(Hoffert) CS 30. Appt Sr Engineer (Temp)(Inter)(Poleto) CS 31. Appt Truck Driver (Prov)(Inter)(Pitts) CS POLICE 32. Appts Detective (Cont Perm)(Flat)(Rinaldo, Perez, Menza) CS 33. Appts Detective (Perm)(Flat)(Buth, Dinham) CS 34. Appts Detective Sergeant (Cont Perm) (Flat)(Turner, Barrett) CS 35. Appt Detective Sergeant (Perm)(Flat)(Crawford) CS 36. Appts Lieutenant (Cont Perm) (Flat)(Patterson Sr,Gramaglia, Jentz) CS 37. Appts Lieutenant (Perm)(Flat)(O'Rourke,Stanchak) CS 38. Appt Captain (Cont Perm) (Flat)(Stabler) CS 39. Appt Captain (Perm)(Flat)(McCarthy) CS 40. Appt Inspector (Perm)(Flat) (Reich muth) CS CORPORATION COUNSEL 41. Response - Annual Cultural Walk Of Fame CD PERMITS AND INSPECTIONS 42. Lodging House License -120 Church (Ell) LEG 43. Sidewalk Cafe License -1672 Elmwood(North) APP 44- 43A Foodstore License170 Hampshire (Nia) APP 45- 43B Foodstore License 1146 Hertel Ave (Del) APP ADMINISTRATION AND FINANCE 46- 44. Waiver of Bid Security Performance Bond APP COMMUNITY SERVICES 47- 45. Year 33 Community Deve Quarterly Reports (2/1/08- 4/30/08) CD HUMAN RESOURCES 48- 46. Appt Commissioner of Human Resources- (Exem pt) (Thomas) CS CIVIL SERVICE COMMISSION 49- 47. Sery -Agmt Bflo Firefighters Guardian Foundation - Stepmill Rental FIN BOARD OF EDUCATION 50- 48. Dedicating Riverside HS Field to former Coach Charles Dingboom ED CITY CLERK 51- 49. Mayor Reported Out of State R &F 52- 50. Liquor License Applications R &F 53- 51. Leaves of Absence R &F 54- 52. Notices of Appointments - Council Interns ADOPT 55- 53. Notices of Appointments- Mayors Program R &F 56- 54. Notices of Appointment - Seasonal R &F 57- 55. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 58- 56. D. Adams -Legal Aid Bureau Monthly Report July 2008 R &F 59- 57. J. Campolong - Monthly Report Bflo Water Bd FIN 60- 58. LP Ciminelli -Board Packet Documents August 2008 R &F 61- 59. B. Davis -D. Johnson - Relocation of DMV to Rath Building R &F 62- 60. B. Davis -L. Soto - Residential Vacant Lot 182 Virginia(Ell) CD,ST PLAN 63- 60A. B. Davis -J. Sisson - Cathedral Park Tower FIN,PW,CC 64- 61. Fed Energy Regulatory Comm -Order Issuing Preliminary Permit CD 65- 61A R. Fontana - Dedicating Today's CC Meeting in Memory of Nancylia Salter ADOPT 66- 62. J. Hornung -Resp- Instituting Ban on Smoking Within 50 ft of Playgrounds R &F 67- 63. M. Kearns -S. Banko- Assisting the City in Implementing an Attack on Blighted Properties in Our Neighborhoods CD 68- 64. M. Kearns -R. Anthony- Letter Honoring James Griffin CD 69- 65. M. Kearns -J. Dailey - Slip - Holders Concerns Erie Basin Marina W /FRONT 70- 66. M. Kearns -FEMA Updated Flood Rate Ins Maps FIN 71- 67. M. Kearns- NYSDEC- Lehigh Valley Railroad W /FRONT 72- 68. M. Kearns - Concerns Sinking Homes on Weyand Ave CD 73- 69. M. Kearns - Washington Must Retool -More Focused role in Buffalo Article TRANS 74- 70. L. Kelly -Old First Ward CC -Maint Issues -62 Republic St(Fill) FIN,PW 75- 71. K. Lewandowski- Lehigh Valley Railroad -110 Fuhrman Blvd W /FRONT 76- 72. License Agmt for Ench roach ment -City ROW -181 Ellicott St LEG 77- 73. M. LoCurto -J Ryan- Restore New York Correspondence CD 78- 74. A. Magierski -Cktg Town Bd- Public Hrg for LL to Amend Zoning Law R &F 79- 75. J. Pajak, D. Kaminski - Transportation Project Report NY Route 33 R &F 80- 76. M. Romanowski- Abandonment of City -Owned ROW - Bflo Niagara Medical Campus LEG 81- 77. G. Schroder - Oppose Stillwater Holdings Patio Application R &F 82- 78. Toledo News Article- Container Shipping Terminal R &F 83- 79. DOT -40 mph from Bflo Lackawanna Boundary to Union Ship Canal - Fuhrman Blvd R &F PETITIONS 84- 80. J. Battaglia, Agent, Use 266 Hopkins to Expand Recycling Ctr(South)(hrg 9/9) LEG,CPBD 85- 81. M. Wesolowski, Agent, Use 294 Monroe for a HSF(EII)(no pub hrg) LEG,CPBD 86- 82. M. Horton- Agent, Use 2227 South Park for A Ground Sign(South)(no pub hrg) LEG,CPBD 87- 83. A. Alwagieh -D. Presley & O- Reopen Store 1199 Kensington Ave(Univ) R &F 88- 84. M. Kearns -H. Sledzieski & O- Cazenovia Pool Improvements CD,PW 89- 84AB. Davis -C. Brown & Others - Request For Changes in Traffic Controls on Hudson St /or Plymouth LEG,PW RESOLUTIONS 128- 85. Davis Perm to Hang Flags Around ECC City Campus ADOPT 129- 86. Fontana, ect LL Intro #6 Amend City Charter In Relation to Areas of Special Flood Hazard APP 130- 87. Kearns Grant Perm to Sorrento Lactalis Comm. to Hang Banner on S. ParkADOPT 131- 88. Kearns Mercy Hosp /Catholic Health Sys Helipad Application Referral ADOPT 132- 88A. LoCurto Perm to Hang "Wheels Around The Park" Banner ADOPT 133- 89. Russell Budget & Personnel Amendment -PW FIN 134- 90. Smith Felicitations in Memorium ADOPT 135- 91. Smith Comm of Deeds - Public Duties ADOPT 136- 92. Smith Comm of Deeds ADOPT TABLE ITEMS - -- 156, 7/22 LL Intro #5 Amend Charter in Relation to Areas of Special Flood Hazard within The COB(# 2,7/30) SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 90- 1. Com 40 July 22 Appt Director of Street Sanitation (Prov)(Flat)(Sullivan)(PW) R &F 91- 2. Com 41 July 22 Appts Supervisor of St Sanitation I(Perm)(Max) COMMUNITY DEVELOPMENT 102- 13. Com 4 (Miller, Krupp, Tomasulo, Serio)(PW) APP 92- 3. Com 42 July 22 Appt Supervisor of St Sanitation I(Perm)(Third Step) July 22 Results Neg -296 Chelsea(Masten)(Strat Plan) APP (Dziamski, Juliano)(PW) APP 93- 4. Com 70 July 22 Notices of Appointments- Temp /Prov /Perm(CtyClk) R &F 105- FINANCE July 22 SEQR Lead Agency Design Rock Harbor Commons(Strat Plan) R &F 94- 5. Com 14 July 22 Abatement of Uncollectible Accts Receivable Invoices(Compt) RECOMMIT 95- 6. No 74 July 22 B. Davis - Budget for FY 2008 -09 Bflo Civic Auto Ramps R &F 96- 7. No 77 July 22 EC 2008 Annual Report Real Property Tax Services R &F 97- 8. Com 11 July 8 PILOT -St Martin Village -564 Dodge St (EII)(Strat Plan APP 98- 9. No 61 Apr 15 J. Pajak -2 Request Various Depts Responses to Council Comm R &F 99- 10. No 44 Mar 18 J. Pajak -2 Request Depts Responses to Council Comm R &F 100- 11. Com 13 Jan 22 Request Lease Agree Between the COB & Comm Action ( #70,6/24) R &F Organization of EC, Inc for Use of 326 -328 High St (EII)(Strat Plan) R &F 101- 12. Res 89 Dec 26 Transfer of 1177 E. Lovejoy(except Last Res) R &F COMMUNITY DEVELOPMENT 102- 13. Com 4 July 22 Perm to Designate Redeveloper -1086 Broadway(Fill)(Strat Plan)RECOMMIT 103- 14. Com 5 July 22 Results Neg -296 Chelsea(Masten)(Strat Plan) APP 104- 15. Com 8 July 22 Results Neg -24 Lawrence(Nia)(Strat Plan) APP 105- 16. Com 10 July 22 SEQR Lead Agency Design Rock Harbor Commons(Strat Plan) R &F 106- 17. No 76 July 22 S. Doleski - NYSDEC -Rehab 2665 -2671 Main St R &F 107- 18. No 78 July 22 R. Fontana- City Owned Houses for Habitat R &F 108- 19. No 80 July 22 M. Kearns - Nationwide Inc in the Use of Mass Transit & Public Transp.TRANS 109- 20. No 82 July 22 M. LoCurto -E. Walker -COB 2009 Restore New York Application R &F 110- 21. No 9 July 8 Grant Ferry Association -G. Kinsley& O -Lot at 366 W. Ferry(Nia) ( #70,6/24) R &F 111- 22. No 55 June 24 C. Galasso -E. Bochstahler- Purchase of 366 W. Ferry(Nia) R &F 112- 23. Res137 June 24 Create a Community Garden Task Force(Except 1 sc 2nd & 3 Res) R &F LEGISLATION 113- 24. Com 52 July 22 Lodging House License -1900 Bailey (Lov)(EDPI) RECOMMIT 114- 25. Com 55 July 22 Second Hand Dealer -2636 Delaware Ave(North)(EDPI) APP 115- 26. Com 57 July 22 Sidewalk Cafe License -1122 Hertel (Del)(EDPI) APP 116- 27. Com 58 July 22 Used Car Dealer 1525 William St (Lov)(EDPI) APP W /COND 117- 28. No 108 July 22 Food Store License -2534 Bailey (Lov)(EDPI)(26,7 /8) APP 118- 29. No 102 July 8 B. Davis -A Randaccio -NFTA Encroachment Request for Ellicott St(52,6/24) R &F 119- 30. No 69 June 24 J. Booth & O- Complaints Rooming House -83 Prospect Ave (Ell) R &F 120- 31. No 46 June 10 A. Randaccio -NFTA Req Encroach of ROW on Ell St Btwn N Div & Eagle St R &F 121- 32. Res 118 June 10 Trailblazing Sign in Honor of Dr. Robert E. Baines APP 122- 33. No 49 May 13 B. Davis -Taxi Stands at 181 Ellicott R &F 123- 34. No 59 June 24 M. LoCurto- Verizon Fios TV Franchises in the COB R &F 124- 35. No 51 Apr 1 J. Golombek- Elmwood Village -Info Re Their Design Standards in The Charter RECOMMIT 125- 36. Com 35 Apr 29 Food Store License -1624 William (Lov)(EDPI) RECOMMIT 126- 37. Res 76 Nov 13 Homeowner and Bank Protection Act APP 127- 38. Res 101 May 29 The Establishment of Elmwood Avenue Design Guidelines RECOMMIT CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, SEPTEMBER 2, 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 July 22, 2008 were approved. FROM THE MAYOR NO 1 APPOINT KARLA L. THOMAS COMMISSIONER — HUMAN RESOURCES Pursuant to Article 11, section 112 of the Charter of the City of Buffalo, we hereby appoint Karla L. Thomas, 78 Fernhill Avenue, Buffalo, New York, 14215 to the position of Commissioner of Human Resources. Ms. Thomas previously served as the Director of Human Resources for the Erie County Water Authority. She was responsible for planning, organizing, developing, directing and evaluating the Erie County Water Authority Human Resource Department including benefit administration, employee performance evaluation, employee orientation drug testing; implementing and coordinating such programs for employee evaluation and the improvement of employee effectiveness, morale, discipline, training, working conditions, benefit programs and activities. We hereby certify that Karla L. Thomas is well qualified to discharge the duties of Commissioner of Human Resources for the City of Buffalo. We urge this Honorable Body to confirm Ms. Thomas as the Commissioner of Human Resources at its earliest opportunity. REFERRED TO THE COMMITTEE ON LEGISLATION AND DIVISION OF COLLECITONS FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO2 SUBMISSION OF REPORT JULY 2008 The Office of Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Call and Resolution Center for the month of July 2008, as mandated by Section 6 -20(c) of the City of Buffalo's City Charter. This monthly statistical report details the number and nature of inquiries, requests and complaints received, classified by Councilmatic district. RECEIVED AND FILED FROM THE BUFFALO PRESERVATION BOARD NO3 RECOMMENDATIONS -FOUR APPLICATIONS FOR LANDMARK SITES Recommendation from Buffalo Preservation Board to Buffalo Common Council Re: Four Applications for Landmarks /Landmark Sites The Buffalo Preservation Board recommends that the attached applications for City of Buffalo Local Landmark designation be approved by Buffalo Common Council. The applications were initiated and prepared by the Preservation Board as a result of the recognition of the historic and cultural value that these properties offer the City of Buffalo as well as possible threats the buildings may face in the future. Below is an overview of their significance. • "Pan Am House" A rare example of a pre -Civil War vernacular farmhouse located in the North Buffalo community, the "Pan Am House" is representative over 150 years of Buffalo's history and development, and is thought to be one of the last remaining buildings used during the Pan American Exposition held in Buffalo in 1901. • "Heath House" One of four remaining houses designed by Frank -Lloyd Wright in the Buffalo area, the Heath house was completed in 1905 and is considered a precursor to Wright's renowned Robie house built in Chicago in 1909, and is an important example of Wright's Prairie style. "Davidson House" Also designed by Frank Lloyd Wright, the Davidson House was completed in 1908 and embodies many typical characteristics of Wright's work while also including some unique and atypical features. • "Elmwood Park and Former School 46 located at 389 Virginia SL" Although already included in the Allentown Preservation District, Elmwood Park and Former School 46 located at 389 Virginia St. posses enough significance to be nominated individually. The land on which the school was constructed was given to the City by Louis Le Couteulx in 1839 for the organization of a school. Former School 46 at 389 Virginia Street was designed by prominent Buffalo architect Henry Harrison (H.H.) Little. Little was a prominent Buffalo architect who practiced from 1874 until his death in 1917. The applications were prepared and reviewed by the Preservation Board in accordance with Chapter 337 Article III of City Charter. According to Chapter 337, "any person, group of persons, or association may request designation of a landmark, landmark site, or an historic district by submitting an application for designation... The Preservation Board may also initiate proceedings for designation of a landmark, landmark site, or historic district." The attached applications were reviewed by the Buffalo Preservation Board at its May 1, 2008 meeting. A public hearing was also held at this meeting. An additional public hearing for the "Pan Am House" was held on May 15, 2008. The property owners were contacted by mail and given opportunity to comment. Please feel free to contact John Laping, Preservation Board Chair, or Michele Brozek, Senior Planner- Historic Preservation, at 851- 5029 if you have any questions. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE CITY PLANNING BOARD N04 POSITIVE DECLARATION - KALEIDA HEALTH W & C HOSP 125 -143 HODGE (NIA) State Environmental Quality Review Act (SEAR) POSITIVE DECLARATION Notice of Intent to Prepare a Draft EIS Determination of Significance Lead Agency: City of Buffalo Planning Board Address: Room 901 City Hall 65 Niagara Square 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. The lead agency has determined that the proposed action described below may have a significant adverse effect on the environment and that a Draft Environmental Impact Statement (DEIS) will be prepared. Name of Action: Kaleida Health Women & Children's Hospital Expansion SEQR Status: Type I Location: 125 -143 Hodge Avenue and also within the area generally bounded by West Utica Street on the north, Elmwood Avenue on the west, Bryant Street on the south, residential properties on the east, and bisected (west -east) by Hodge Avenue. Buffalo, New York. Description: Kaleida Health proposes to undertake the implementation of the Women's and Children's Hospital of Buffalo Campus Master Plan. The plan provides for changes proposed for the Campus within an approximately four year period. The Plan involves multiple projects on the Campus designed to upgrade the facility's infrastructure and clinical services. The Plan will be implemented in Phases and includes the following major components: building demolitions on Hodge Avenue and West Utica Street; relocation and upgrading of the main hospital complex electrical substation; construction of a new five story, 190,OOOsq.ft. Ambulatory Care & Research Wing (ACRW) outpatient facility; construction of a pedestrian bridge over Hodge Avenue connecting an existing City parking garage and the new ACRW; possible improvements to the existing Labor and Delivery facilities; relocation of the existing Oxygen Tank facility; expansion of existing parking facilities on West Utica Street by approximately 38 parking spaces; improvements of Campus building services; relocation and concentration of service traffic; improvements, and /or new installation, of curbs, sidewalks and driveways; and the installation or improvements of public facilities and infrastructure in order to facilitate the redevelopment; new landscaping, fencing and lighting; and the further studies to determine the feasibility of the future use of the outdated D, MH, and Annex Buildings. The project will be financed with a combination of public and private funds. The total cost of the project is approximately $100,000,000.00. The primary permitting and funding agencies are the: Buffalo - Planning Board, Common Council, Zoning Board, Parking Board and Public Works; the New York State Departments of Health and Environmental Conservation; the New York State Dormitory Authority; the Erie County Department of Environment and Planning; and, the Erie County Industrial Development Agency. Reasons Supporting This Determination: Impact on Land: Construction will occur for almost three years affecting abutting residential and commercial neighborhood. This extended construction activity potentially threatens the quality of life for surrounding residents and businesses. Measures can be taken to mitigate the potential impacts. Impact on Aesthetic Resources: The proposed medical building differs sharply in scale and mass from abutting residential and commercial properties. The proposed medical building is 190,000 square feet and five stories in height. Abutting residential and commercial properties are 2 to 3 stories in height and significantly less than 190,000 square feet. Potential impacts can be mitigated with proper urban design. Impact on Historical Resources: "There are a number of historic resources within the project's Area of Potential Effect which are either included in or eligible for listing in the State and National Registers of Historic Places. As the project involves demolition of potentially eligible buildings (the buildings have been surveyed, but their eligibility has been confirmed as additional information is needed), the undertaking would be considered an Adverse Effect on historic resources. The finding of an Adverse Effect triggers an exploration of prudent and feasible alternatives that might avoid or reduce the project impacts." From comments of the NYS OPRHP in a letter dated June 11, 2008 responding to the City Planning Board's lead agency solicitation letter. Impact on Transportation: The project will be generating 1436 vehicle trips per hour. Many of these vehicle trips will be through residential areas. The project fronts on already congested thoroughfares (Hodge and Elmwood). Items such as traffic signals could address the potential impacts at intersections on Hodge, Elmwood, Delaware, and W. Utica. Impact on Growth and Character of Community and Neighborhood: City Planning Board refers to the comments of the NYS OPRHP in a letter dated June 11, 2008 responding to the City Planning Board's lead agency solicitation letter. In addition, the expansion of an existing surface parking lot potentially threatens an already economically distressed section of the City of Buffalo along W. Utica. Potential impacts can be mitigated with proper urban design. Public Controversy: Given the location of the project in a residential neighborhood residents have advanced concerns about health, safety, and welfare issues. RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING N06 PERMISSION TO ACCEPT TITLE - 316 -320 PURDY AND PORTION OF 281 -285 PURDY This item is to request authorization for the City to accept title to 316 -320 Purdy Street and a portion of 281 -285 Purdy Street from Bethel Community Development Corporation. The property known as 316 -320 Purdy Street is a 54'x100' vacant lot and a portion of 281 -285 Purdy Street, also a vacant lot, will consist of the transfer of approximately 20' on the northerly portion of 281 Purdy and 9' on the southerly portion of 285 Purdy. Both properties were transferred from the City to Bethel Community Development Corporation in June 2005 as part of the Cold Springs Phase 2 Housing Project. The property known as 316 -320 Purdy was not used for the project and the width of 281 -285 Purdy Street was reduced. By accepting title to these properties the City will have buildable lots for future housing projects. Your Honorable Body must approve a Negative Declaration as per the State Environmental quality Review Act (SEAR) for this project which is an unlisted action and for which an uncoordinated review has been completed (see attached). The Negative Declaration must be approved as a separate action and must be approved prior to the approval of the property transfer. I am requesting that your Honorable Body (1) approve the attached Negative Declaration and (2) approve the transfer of a 316 -320 Purdy and a portion of 281 -285 Purdy from Bethel Community Development Corporation to the City of Buffalo for One Dollar and No More ($1.00). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the acquisition of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT N06 SEQR LEAD AGENCY BFLO NIAG MED CAMPUS -NORTH END DEV This notice is issued pursuant to Part 617.6(b) of the implementing regulations pertaining to Article 8 of the State Environmental Conservation Law (State Environmental Quality Review Act). PLEASE TAKE NOTICE that the City of Buffalo Planning Board has determined that it is willing to act as SEQRA Lead Agency for environmental review of the proposed action described below and shall coordinate environmental review pursuant to Article 8 of the ECL and Implementing Regulations (6 NYCRR Part 617). Name of Action: Buffalo Niagara Medical Campus - North End Development SEQRA Status: Type I Description of Action: Development of an approximately 1.2M square feet of medical facilities at the north end of the Buffalo Niagara Medical Campus. The Project consists of the following: (1) Construction a Global Vascular Institute ( "GVI') which will include Emergency Room Services for Buffalo General Hospital on the lower floors and Operating, Research and Laboratory facilities on the upper floors. The GVI will be approximately 500,000 +/- square feet, 10 -12 stories in height and located at the comer of Goodell Street and Ellicott Street; (2) Construction of a Long Term Care ( "LTC ") Facility which will consist of long -term healthcare facilities for the elderly. The LTS will be approximately 4 stories in height, 250,000 +/- square feet and located on the block bounded by East North Street on the north, High Street on the south, Michigan Avenue on the west and Maple Street on the east; (3) Construction of a Medical Office Building ( "MOB ") to serve the needs of OVI and Buffalo General Hospital. The MOB will be approximately 250,000 +/- square feet and will be located at the comer of Goodrich and Ellicott Street; and (4) Construction of a 1,200 -1,600 space parking ramp within the Project Site boundaries to serve the various Projects. The Project Site is currently zoned General CM (General Commercial, C- I(neighborhood business), R -3 (dwelling) and R -2 (dwelling). Locations: The Project Site is located in the City of Buffalo, County of Erie, State of New York. The proximate Project Site boundaries stretch from East North Street to Carlton Street, and Main Street to Maple Street. The Project Site is currently zoned General CM (General Commercial), C -1 (neighborhood business), R -3 (dwelling) and R -2 (dwelling). Contact Person: William P. Grillo, Principal Planner Mayor's Office of Strategic Planning City of Buffalo 90 City Hall Buffalo, NY 14202 (716) 851 -5086 PLEASE TAKE FURTHER NOTICE that unless any involved agency objects to this determination and Intent of Lead Agency status within thirty (30) calendar days of the above date, the City of Buffalo Planning Board shall be deemed Lead Agency. RECEIVED AND FILED N07 RESULTS OF NEGOTIATIONS 121 MYRTLE (ELLICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Louis J. Billittier, Chefs Restaurant, 291 Swan Street, Buffalo, New York 14204, to purchase 121 Myrtle, a City owned residential vacant lot. Mr. Billittier owns 119 Myrtle, which is adjacent to the vacant lot at 121 Myrtle. He intends to use the vacant lot to expand the existing parking lot at 119 Myrtle. 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 of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from One Hundred Dollars ($100) to Three Hundred Dollars ($300), per front foot. The results of our negotiations are that Mr. Billittier has agreed and is prepared to pay Two Thousand Six Hundred Dollars ($2,600), the equivalent of One Hundred Twenty Five Dollars ($125) per front foot for the subject property. Mr. Billittier 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 121 Myrtle in the amount of Two Thousand Six Hundred Dollars ($2,600). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated July 11, 2008, be received and filed; and That the offer from Louis J. Billittier of Chefs Restaurant, doing business at 291 Swan Street, in the sum of two thousand and six hundred dollars ($2,600.00) for the purchase of 121 Myrtle, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES — 0 FROM THE COMPTROLLER N08 AUDIT REPORT - MAYOR'S IMPACT TEAM We have performed and audit of the Mayor's Impact Team (Impact Team) as requested by the Common Council and present herewith our findings. We present here our recommendations, as well as other such findings as we believe are appropriate. Our examination was made in accordance with Government Auditing Standards, issued by the Comptroller General of the United States and Standards for the Professional Practice of Internal Auditing, as promulgated by the Institute of Internal Auditors, and included such procedures as we considered necessary under the circumstances. This audit came about as a result of news story that exposed irregularities in the Impact Team's operations. Our initial assessment revealed many internal control deficiencies. Though the audit will explain the deficiencies, it should be noted for the record that the Impact Team, operating under the Division of Citizen Services, has already taken many corrective steps. The sign -in process has been improved and access to fuel keys has been further restricted. The Mayor and Citizen Services have done much to clean up the Impact Team and their swift action should be commended. If you have any further questions on this matter, please feel free to contact the Department of Audit and Control. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON FINANCE AND CITIZENS SERVICES N09 CITY PARKS CAPITAL FUNDING While I certainly believe in the importance of maintaining our city parks system, I am unconvinced at this point that we should leverage that mission by increasing our capital debt beyond what I have already recommended for the new fiscal year. The debt cap is fixed by using objective criteria and is intended to help us pay down more debt annually than we take on. Our reasoned debt management policy has been an important factor in the upgrades we have received from the Wall Street credit rating agencies and it is my intention to maintain that policy. I am certainly open to discussing other options regarding funding for the parks and I would urge the council and the administration to consider holding such meetings in the near future. My office would assist in any way possible to advance the agenda of finding sufficient dollars to participate in the creation of a dedicated fund (along with the Conservancy) for repairs and renovations to the city parks system. REFERRED TO THE COMMITTEE ON FINANCE NO 10 A NEW WAY OF PROVIDING NON - FINANCIAL ASSISTANCE TO COMMUNITY BASED ORGANIZATIONS The Department of Audit and Control received a request from the Common Council on June 30, 2008 to report back to the Common Council on the legality of the City providing goods and services to approved Community Based Organizations (CBO's) using an advance /imprest funding basis. The Department of Audit and Control is unable to provide information on the legality of the provision of goods and services to approved CBO's, however believes that certain considerations should be made prior to proceeding with any such action, in the instance that such activities are deemed to be legal. From a broad perspective, such additional considerations are noted below: • The City would be required to establish and implement a separate internal control system over this specific process, which would operate in a manner inconsistent with the methodologies of the current system. Additionally, the separate internal control system would require monitoring by management in order for such to be effective. • Additional burden would be placed on the Department of Audit and Control as it relates to the audit function of the related expenditures and documentation submitted for reimbursement of the City. • It may be necessary for the MUNIS system to be modified for the appropriate and timely recording of transactions associated with such a program. • Staffing requirements would need to be assessed as it is foreseeable that additional work would be necessary by City employees to facilitate such a program. We encourage the Common Council to consider the above matters in determining whether or not to proceed with such actions. REFERRED TO THE COMMITTEE ON FINANCE NO 11 CERTIFICATE OF APPOINTMENT Appointment Effective 6/13/08 in the Department of Audit and Control Division of Audit to the Position of Senior Auditor Temporary Competitive Step II at the starting salary of $43,528 Catherine Trautman, 250 Linwood Ave, Buffalo 14204 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO 12 CERTIFICATE OF APPOINTMENT Appointment Effective 7/3/08 in the Department of Audit and Control Division of Audit to the Position of Senior Auditor Temporary Competitive Step Iv at the starting salary of $46,157 Monica Emminger, 4 Delsan Ct, Buffalo 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE PRESIDENT OF THE COUNCIL NO 13 APPOINT MEMBERS POLICE OVERSIGHT COMMITTEE Please be advised that I am appointing the following Council Members to the Police Oversight Special Committee: Brian C. Davis, Chair; Bonnie E. Russell, David A. Rivera, Demone A. Smith and Richard A. Fontana. Thank you for your Consideration Respectfully submitted, David A. Franczyk Council President RECEIVED AND FILED FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO 14 NOTIFICATION SERIAL #10240 NO STANDING — REPEAL ON COURT STREET, SOUTH SIDE BETWEEN NIAGARA SQUARE AND PEARL STREET (ELLICOTT DISTRICT) NO STANDING - 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 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD — DAILY Court Street, south side At all times Between Niagara Square And Pearl Street This action is being taken at the request of the Director of Parking Enforcement to provide more on- street parking in an area which is in high demand for on- street parking. (see next 2 serials) NOTIFICATION SERIAL #10241 INSTALL NO STANDING ON COURT STREET, SOUTH SIDE BETWEEN NIAGARA SQUARE AND FRANKLIN STREET (ELLICOTT DISTRICT) 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 after 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 repealing therefrom the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Court Street, south side At all times Between Niagara Square And Franklin Street This action is being taken at the request of the Director of Parking Enforcement to provide more on- street parking in an area which is in high demand for on- street parking. NOTIFICATION SERIAL #10242 INSTALL METERED PARKING ON COURT STREET, SOUTH SIDE BETWEEN FRANKLIN STREET AND PEARL STREET (EXCEPT NO STANDING AND NO PARKING AREAS)(ELLICOTT DISTRICT) METERED 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 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: METERTED PARKING METERED PARKING LOCATION PERIOD OF METERED PARKING RATE OF METERED PARKING Court Street, south side 2 Hour Maximum Rate C Between Franklin Street 8am to 5pm $1. per hour And Pearl Street Monday — Friday (except No Standing and No Parking areas) This Action is being taken at the request of the Director of Parking Enforcement to provide more on- street parking in an area which is in high demand for on- street parking. (see previous 2 serials) NOTIFICATION SERIAL #10243 NO STANDING SCHOOL DAYS — INSTALL ON PEARL STREET, WEST SIDE BETWEEN A POINT 160 FEET SOUTH OF WEST SWAN STREET AND A POINT 100 FEET SOUTH THEREFROM ( ELLICOTT DISTRICT) 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 after 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 Pearl Street, west side 7:00 a.m. — 6:00 p.m. Between a point 150 feet south of West Swan Street Schools Days And a point 100 feet south therefrom This action is being taken at the request of Vincennes Pediatric Therapeutics and Vincennes Academy, located at 90 Pearl street, for school bus accessibility. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 16 CHANGE IN CONTRACT BAILEY GENESEE FIRE STATION CONSTRUCTION JOB# 0674 LOVEJOY DISTRICT I hereby submit to your Honorable Body the following changes for the Bailey Genesee Fire Station, Construction, Goodwin Electric, C# #93000109 1. Sleeving of Verizon manholes adjacent to site Add $1,300.00 The foregoing change results in a net increase in the contract of One Thousand Three Hundred and 00/100 Dollars ($1,300.00) Summary Original Contract Amount $279,900.00 Change Order #1 Add $4,497.00 Change Order #2 Add $1,300.00 Revised Contract Amount $285,697.00 Costs have been reviewed by the consulting architect (CJS Architects) and the Department of Public Works, Parks and Streets and Were found to be fair and equitable. Funds for this work are available in 30320106 445100- Division of Buildings Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated July 24, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order Nos. 1 and 2, to Goodwin Electric, an increase as more fully described in the above communication, for work relating to Job No. 0674, Bailey Genesee Fire Station, C #93000109. Funds for this project are available in CPF 30320106 445100 - Division of Buildings. PASSED AYES -9 NOES -0 NO. 16 CHANGE IN CONTRACT SHEA'S PERFORMING ARTS CENTER HEATING /COOLING, PHASE 3 JOB# 0763 ELLICOTT DISTRICT I hereby submit to your Honorable Body the following changes for the Shea's Performing Arts Center, C# #93000113 1. Provide and Install control Valves to chillers CH1 and CH2 Add $10,850.00 2. Deduct for work on boiler #2 which was performed under another contract Deduct $13,925.00 3. Provide and install six (6) additional cast iron sections on boiler no 1. Add $13,845.00 The foregoing change results in a net increase in the contract of Ten Thousand Seven Hundred Seventy and 00/100 Dollars ($10,770.00) Summary Original Contract Amount $297,700.00 Change Order #1 $10,770.00 Revised Contract Amount $308,470.00 Costs have been reviewed by the consulting engineer (M /E Engineering, PC) and the Department of Public Works, Parks and Streets and were found to be fair and equitable. Funds for this work are available in 316600006 445100 Division of Buildings Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 6, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order No. 1, to John W. Danforth Arts Center, Heating /Cooling, Phase 3, an increase in the amount of $10,770.00, as more fully described in the above communication, for work relating to Job No. 0753, Shea's Performing Arts Center, Heating /Cooling, Phase 3, C #93000113. Funds for this project are available in 31660006 445100 - Division of Buildings. PASSED AYES -9 NOES -0 NO. 17 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR THE REHABILITATION OF LOW LIFT PUMPING EQUIPMENT ELLICOTT I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire a consultant to provide design, bid, and construction phase services for the Rehabilitation of the Low Lift Pumping Equipment at the Colonel Ward Water Treatment Plant. The costs for consulting services are estimated not to exceed $400,000.00 and the construction cost is estimated to be $3,000,000.00. The funds are available in a Division of Water account 53210726 445100. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 20, 2008 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire a consultant to provide design, bid and construction phase services for the Rehabilitation of the Low Lift Pumping Equipment at the Colonel Ward Water Treatment Plant. Funds for this project are available in a Division of Water account 53210726 445100. PASSED AYES -9 NOES -0 NO. 18 PERMISSION TO ENTER INTO AGREEMENTS WITH FHWA AND NYSDOT FOR THE DESIGN AND CONSTRUCTION OF MILLING AND RESURFACING OF CITY STREETS [: NORTH BUFFALO - AMHERST, GRANT, HERTEL DELAWARE & NORTH DISTRICTS City of Buffalo, County of Erie The Federal Highway Administration (FHWA) have designated $412,800 for the design, construction and construction inspection of the Milling & Resurfacing of City Streets - North Buffalo - Amherst /GrantJHertel. This project is listed on the New York State Regional Transportation Improvement Program (TIP) under PIN #5757.82. In order to move this project forward, this Department is requesting that Your Honorable Body authorize the Mayor and /or this Department to enter into all necessary agreements with the FHWA and NYSDOT. These agreements would enable this Department to administer this project and will cover all necessary work needed to complete the design and construction of this project. Mr. Fontana moved: That the above communication fiom the Commissioner of Public Works, Parks and Streets dated August 1, 2008 b received and filed; and That the Mayor be, and he hereby is authorized to enter into all necessary agreements with the FHWA and NYSDOT for the design, construction and construction inspection of the Milling & Resurfacing of City Streets - North Buffalo- Amherst /Grant /Hertel, PIN #5757.82. PASSED AYES -9 NOES -0 NO. 19 PERMISSION TO ENTER INTO AGREEMENTS WITH FHWA AND NYSDOT FOR THE DESIGN AND CONSTRUCTION OF MILLING AND RESURFACING OF CITY STREETS SOUTH BUFFALO - SENECA, HOPKINS, MCKINLEY AND [: SOUTH PARK FILLMORE, LOVEJOY & SOUTH DISTRICTS CITY OF BUFFALO, COUNTY OF ERIE The Federal Highway Administration (FHWA) have designated $1.032M for the design, construction and construction inspection of the Milling & Resurfacing of City Streets - South Buffalo - SenecalHopkinslMcKinleylSouth Park. This project is listed on the New York State Regional Transportation Improvement Program (TIP) under PIN #5757.60. In order to move this project forward, this Department is requesting that Your Honorable Body authorize the Mayor and /or this Department to enter into all necessary agreements with the FHWA, NYSDOT. These agreements would enable this Department to administer this project and will cover all necessary work needed to complete the design and construction of this project. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 1, 2008 be received and filed; and That the Mayor be, and he hereby is authorized to enter into all necessary agreements with the FHWA and NYSDOT for the design, construction and construction inspection of the Milling & Resurfacing of City Streets - South Buffalo- Seneca /Hopkins /McKinley South Park, PIN #5757.60. PASSED AYES -9 NOES -0 NO. 20 PERMISSION TO HIRE A CONSULTANT AND ENTER INTO AGREEMENTS WITH FHWA AND NYSDOT FOR THE DESIGN, INSPECTION AND CONSTRUCTION OF [: NIAGARA STREET - NIAGARA SQ. TO CAROLINA ST. ELLICOTT DISTRICT CITY OF BUFFALO, COUNTY OF ERIE The Federal Highway Administration (FHWA) have designated $2.16M for the design, construction and construction inspection of Niagara Street from Niagara Square to Carolina Street. This project is listed on the New York State Regional Transportation Improvement Program (TIP) under PIN # 5757.14. In order to move this project forward, this Department is requesting permission to take proposals and hire an Engineering Consultant for the design and inspection of this project. It is also necessary for Your Honorable Body to authorize the Mayor and /or this Department to enter into all necessary agreements with the FHWA and NYSDOT. These agreements would enable this Department to administer this project and will cover all necessary work needed to complete the design, inspection and construction of this project. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 19, 2008 be received and filed; and That the Mayor be, and he hereby is authorized to enter into all necessary agreements with the FHWA and NYSDOT for the design, construction and construction inspection of Niagara Square to Carolina Street, PIN #5757. !4. PASSED AYES -9 NOES -0 NO. 21 PERMISSION TO HIRE A CONSULTANT AND ENTER INTO AGREEMENTS WITH FHWA AND NYSDOT FOR THE DESIGN, INSPECTION AND CONSTRUCTION OF [: SOUTH PARK AVENUE - BAILEY TO CITY LINE SOUTH DISTRICT CITY OF BUFFALO, COUNTY OF ERIE The Federal Highway Administration (FHWA) have designated $2.3M for the design, construction and construction inspection of South Park Avenue from Bailey Avenue to the City Line. This project is listed on the New York State Regional Transportation Improvement Program (TIP) under PIN # 5758.89. In order to move this project forward, this Department is requesting permission to take proposals and hire an Engineering Consultant for the design and inspection of this project. It is also necessary for Your Honorable Body to authorize the Mayor and /or this Department to enter into all necessary agreements with the FHWA and NYSDOT. These agreements would enable this Department to administer this project and will cover all necessary work needed to complete the design, inspection and construction of this project. REFERRED TO THE COMMITTEE ON FINANCE NO. 22 PERMISSION TO HIRE CONSULTANT HOUGHTON PARK CASINO RECONSTRUCTION JOB #0827 Permission is hereby requested from Your Honorable Body to retain a consultant to prepare plans and specifications and provide construction oversight for the Reconstruction of the Houghton Park Casino. The cost of these service is estimated to be $60,000.00 and funds will be available in the available in Buildings Capital Budget. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 7, 2008 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to retain a consultant to prepare plans and specifications and provide construction oversight for the Reconstruction of the Houghton Park Casino. Funds for this project are available in Buildings Capital Budget. PASSED AYES -9 NOES -0 NO. 23 PERMISSION TO HIRE CONSULTANT FOR INSPECTION SERVICES I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire a consultant for various inspection services for the 2009 construction season. The consultant will be chosen via the RFP process. REFERRED TO THE COMMITTEE N FINANCE. NO. 24 ANNUAL CULTURAL WALK OF FAME ITEM NO 100 CCP JULY 22, 2008 Dear Ms. Kavanaugh: I have attached a copy of the resolution listed above that was adopted by the Common Council on July 22, 2008. It is necessary that the Buffalo Arts Commission approve of this resolution before this project is implemented. If you should have any questions or require additional information, please contact me at 851 -5636. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 25 REVIEW OF EXAMINATION ANNOUNCEMENTS FOR: NO. 67491 PUMPING PLANT OPERATOR - OPEN COMPETITIVE & NO. 73192 PUMPING PLANT OPERATOR - PROMOTIONAL Per your request of July 15, 2008. 1 have reviewed the examination announcements for the above positions and approve of these specifications as they are stated. If you should have any questions or should require additional information, please contact me at 851 -5636. (ss071708.doc) RECEIVED AND FILED NO. 26 REPORT OF BIDS MICHIGAN AVENUE CORRIDOR REHABILITATION PIN 5757.63 ELLICOTT DISTRICT 1. C. Destro Development $1,239,121.30 2. Destro Brothers Concrete Co, Inc $1,296,717.15 3. Mark Cerrone, Inc $1,483,820.00 4. Occhino Corp $ 1,555,919.00 5. Man O Trees Inc $1,653,000.00 6. Accadia Site Contracting Inc $1,691,555.34 Adjusted total Engineers Estimate $1,363,318.83 I hereby certify that the lowest responsible bidders is C.Destro Development. Also, I respectfully recommend that your Honorable Body authorize a contract award in the amount $1,363033.43 (Base Bid $1,239,121.30+ a $123,912.13- 10% Unit bid increase = $1,363,033.43).This Project is Funded by FHWA,New York State and the City of Buffalo as part of local Transportation Improvement Program (T.I.P.) and City of Buffalo's share of costs are 5 %. Funds for this project will be available in capital project Account established specifically for this project. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 18, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Michigan Avenue Corridor Rehabilitation, P1 N 5757.63, to C. Destro Development, the lowest responsible bidder, in the amount of $1,363,033.43 (Base Bid $1,239,121.30 + a $123,912.13 - 10% Unit bid increase = $1,363,033.43) Funds for the project are funded by FHWA, New York State and the City of Buffalo as part of local Transportation Improvement Program (T.I.P.) and City of Buffalo's share of costs are 5 %. The City of Buffalo funds will be available in capital project account established specifically for this project. PASSED AYES -9 NOES -0 NO. 27 CERTIFICATE OF APPOINTMENT Appointment effective 8/13/2008 in the Department of Public Works, Parks and Streets to the position of Assistant Engineer Permanent at the maximum salary of $44,389.00 Eric D. Schmarder, 46 Camden Avenue, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 28 CERTIFICATE OF APPOINTMENT Appointment effective August 4, 2008 in the Department of Public Works, Parks and Streets to the position of Principal Engineer, Temporary Promotion at the maximum starting salary of $73,252.00 Seyed Ghasemi, PE, 161 Whitehall, Buffalo, Ny 14202 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 29 CERTIFICATE OF APPOINTMENT Appointment effective June 23, 2008 in the Department of Public Works, Parks and Streets to the position of Senior Engineer, Provisional at the Intermediate starting salary of $51,446.00 Michael Hoffert, 55 Coburg St, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 30 CERTIFICATE OF APPOINTMENT Appointment effective June 23, 2008 in the Department of Public Works, Parks and Streets to the position of Senior Engineer ,Temporary at the Intermediate starting salary of $49,578.00 Donald J. Poleto, 263 Whitfield Avenue, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 31 CERTIFICATE OF APPOINTMENT Appointment effective August 14, 2008 in the Department of Public Works, Parks and Streets to the position of Truck Driver, Provisional at the Intermediate starting salary of $29,429 Kenneth Pitts, 7 Highview Court, Cheektowaga, NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 32 CERTIFICATE OF APPOINTMENT Appt Effective 6/16/2008 in the Department of Police in the Division of Patrol, To the Position of Detective, Contingent Permanent at the flat salary of $61,946 Jeffery Rinaldo, 6730 Clara Court, Wheatfield, NY 14120 Natalie A. Perez, 75 Knox Avenue, Buffalo, NY 14216 Carmen J. Menza, 5828 Beadford Court, East Amherst NY 14051 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 33 CERTIFICATE OF APPOINTMENT Appointment effective 6/16/2008 in the Department of Police, Division of Patrol, to the Position of Detective, Permanent at the flat salary of $61,946 Sean K. Buth, 350 North 4 h Street, Lewiston, NY 14092 James P. Dunham, 73 Bloomfield Avenue, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 34 CERTIFICATE OF APPOINTMENT CERTIFICATE OF APPOINTMENT Appointment effective 6/16/2008 in the Department of Police, Division of Patrol, to the Position of Detective Sergeant, Contingent Permanent at the flat salary of $64,545 Steven M. Turner, 315 Selkirk Drive, N. Tonawanda, NY 14120 Daniel A. Barrett, 586 Mill Road, Buffalo, NY 14224 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 35 CERTIFICATE OF APPOINTMENT Appointment effective 6/16/2008 in the Department of Police, Division of Patrol, to the Position of Detective Sergeant, Permanent at the flat salary of $64,545 William Crawford, 7475 Jewett Holmwood Road, Orchard Park, NY 14127 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 36 CERTIFICATE OF APPOINTMENT Appointment effective 6/16/2008 in the Department of Police, Division of Patrol, to the Position of Lieutenant, Contingent Permanent at the flat salary of $68,570 Brian K. Patterson, Sr.,85 Bame Avenue, Buffalo, NY 14215 Joseph A. Gramaglia, 5249 Woodrich Court, Hamburg, Ny 14075 Ronald E. Jentz, 5365 Harris Hill Road, Williamsville, NY, 14221 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO 37 CERTIFICATE OF APPOINTMENT Appointment Effective 6/16/2008 in the Department of Police Division of Patrol to the Position of Lieutenant Permanent Promotion Flat Starting Salary of $68,570. Timothy C O'Rourke, 282 Saranac Avenue, Buffalo 14216 Linda D. Stanchak, 110 Stevenson Street, Buffalo 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO 38 CERTIFICATE OF APPOINTMENT Appointment Effective 6/16/2008 in the Department of Police Division of Patrol to the Position of Captain Contingent Permanent Promotion Flat Starting Salary of $77,781 David S. Stabler, 277 Pavement Road, Lancaster 14086 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO 39 CERTIFICATE OF APPOINTMENT Appointment Effective 6/16/2008 in the Department of Police Division of Patrol to the Position of Captain Permanent Promotion Flat Starting Salary of $77,781 Michael J. McCarthy, 745 Bennett Road, Angola 14006 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO 40 CERTIFICATE OF APPOINTMENT Appointment Effective 6/16/2008 in the Department of Police Division of Commissioner's Office to the Position of Inspector Permanent Promotion Flat Starting Salary of $85,053 Patrick W. Reichmuth, 31 Ashley Drive, West Seneca 14224 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CORPORATION COUNSEL NO 41 CULTURAL WALK OF FAME Dear Mr. Griffasi: Thank you for contacting the Law Department regarding the above - referenced project. After looking into the matter, I have determined the following: I am in receipt of and have reviewed a copy of Item No. 100 CCP:JuIy 22, 2008, "Implement the Annual Cultural Walk of Fame," which was sponsored by Delaware District Council Member Michael J. LoCurto and adopted by the Common Council. I am also in receipt of a letter dated August 8, 2008 from Department of Public Works, Parks and Streets Commissioner Steven J. Stepniak to Barbara Kavanaugh, Chairperson of the Buffalo Arts Commission, wherein Commissioner Stepniak seeks a recommendation from the Arts Commission on the proposed project. Pursuant to Section 413 -67(G) of the Code of the City of Buffalo, which sets forth the procedure for obtaining permission to encroach upon a public right -of -way, the Commissioner of Public Works, Parks and Streets must recommend a project to the Council or otherwise approve a proposed project before the project may be implemented. Moreover, pursuant to Section 413- 67(E), the Commissioner shall prescribe all necessary requirements as a condition to placing any encroachment upon the public right -of -way, including method of placement, manner of securing said encroachment, care and maintenance, method of removal, and indemnification of the City of Buffalo. Here, while the Council has adopted a resolution granting Cultural Concert International permission to install granite plaques in the sidewalk located along Elmwood Avenue from the Albright Knox Art Gallery to Summer Street, it has done so without input from the Commissioner. Before such a project may be implemented, the Commissioner of Public, Works Parks and Streets must also authorize such an encroachment. In addition to the conditions enumerated Chapter 413, there are many additional factors that the Commissioner must consider before granting permission to encroach upon a public right -of -way and which will depend upon the nature of the proposed project. More specifically, the nature of the proposed project will determine what Boards, Departments, Agencies, or individuals the Commissioner will consult in deciding whether he will approve a proposed project. In the case of a project involving works of art, the Commissioner may properly seek a recommendation from the Buffalo Arts Commission, which is best suited to determine whether the proposed project is appropriate at the proposed location, that it will not detract from other projects in the area, and that it will enhance the visual character of the City and strengthen the arts in the City. Therefore, before your proposed project can be implemented, in addition to approval from the Common Council, the project must receive the approval of the Commissioner of Public Works, Parks and Streets. The Commissioner has referred your project to the Buffalo Arts Commission for a recommendation. Once a response is received from the Commission, you will be notified whether your project was approved or disapproved and will be provided with the reasons for the determination. If the project is approved you will receive a notice outlining any additional conditions that may be required before the project can be implemented in accordance with Section 413 -67 of the Code of the City of Buffalo. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO 42 LODGING HOUSE LICENSE 120 CHURCH ST (ELLICOTT) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Lodging House License located at 120 Church St and find that as to form is correct. I have caused an investigation into the premises for which said application for a Lodging House license is being sought and according to the attached reports from the Zoning Office, Fire Department, Police, Health 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 Rudi Rainer. The attached thereto for Rudi Rainer d /b /a W2007 MVP Buffalo, LLC. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO 43 SIDEWALK CAFE LICENSE 1672 ELMWOOD AVE (NORTH) The Common Council approved a sidewalk cafe for the restaurant located at 1672 Elmwood Ave. was previously approved in 1999. The restaurant is now owned by Scott Leafy (Papa Jakes Inc.) Mr. Leary has requested permission to operate and maintain the existing sidewalk caf6. The Department of Permit & Inspection Services has no objection to your Honorable Body authorizing the Commissioner to issue a "mere license" to encroach City right of way provided all conditions in the above mentioned approval are met. Mr. Fontana Moved: That the Commissioner of Permits and Inspection Services is hereby authorized to issue a "mere license" to Scott Leary (Papa Jake's Inc.) for a sidewalk cafe, provided all other approvals are met. PASSED AYES -9 NOES -0 NO 44 FOODSTORE 170 HAMSHPIRE (NIAGARA) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food store License located at 170 Hampshire 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 Commissioner of Permits and Inspections services is herby authorized to issue a Food Store license to Osamah Abazid at 170 Hampshire Street PASSED AYES -9 NOES -0 NO 45 FOOD STORE LICENSE APPLICATION 1146 HERTEL AVENUE 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 1146 Hertel (Sunset Fruit & Vegetable Packing Co., Inc.) and find that as to form it is correct. I have caused an investigation into the premise 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 Inspection Office, 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 Commissioner of Permits and Inspections Services is hereby authorized to issue a Food Store license to Michael Schimenti (Sunset Fruit & Vegetable Packing Co.) located at 1146 Hertel Avenue PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO 46 WAIVER OF BID SECURITY /PERFORMANCE BOND AS PER SECION 96 -4 THE DIVISION OF PURCHASE IS REQUESTING PERMISSION TO WAIVE BID SECURITYANDTHE PERFORMACE BOND FOR THE PURCHASE OF FIREARMS FOR THE BUFFALO POLICE DEPARTMENT. WAIVING THE SECURITY BOND CREATES COMPETITION AND SAVES MONEY. WITHOUT THIS AUTHORIZATION, THE CITY WILL HAVE TO PAY $315,040. THERE IS NO RISK TO THE CITY AS THE OFFICERS ALL CURRENTLY HAVE FIREARMS AND THE NEW FIREARMS WILL NOT BE PAID UNTIL DELIVERY TAKES PLACE. THE CITY WILL SAVE $256,080 IF THE PERFORMANCE BOND IS WAIVED. WE ARE UNABLE TO SUCCESSFULLY BID THIS OUT WITHOUT A WAIVER OF THESE BONDS. FOR EXAMPLE, RECENTLY THE CITY ISSUED AN RFP FOR THIS PURPOSE WHICH RETURNED ZERO BIDS. Mr. Fontana moved: That the above communication from the Department of Administration and Finance dated August 25, 2008, be received and filed; and That the Director of Purchase be, and she is hereby authorized to waive the bid security and the performance bond requirements for the purchase of firearms for the Buffalo Police Department. PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING NO 47 YEAR 33 COMMUNITY DEVELOPMENT QUARTERLY REPORTS (FEBRUARY 1, 2008 TO APRIL 30, 2008) Attached please find Quarterly Reports for Year 33 Community Development Block Grant funded Public Service Agencies including four Fair Housing Contracts. These Community Based Organizations provide various Public Service needs though the City of Buffalo. Services include, but are not limited to Youth, Senior Citizens, Cultural Enrichment, Literacy and Special Needs (Physically or Mentally Handicapped). COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMMISSIONER OF HUMAN RESOURCES NO 48 CERTIFICATE OF APPOINTMENT Appointment Effective July 30, 2008 in the Department of Human Resources Division of Labor Relations to the Position of Commissioner Exempt Non - Competitive Flat Starting Salary of $86,129 Karla K. Thomas, 78 Fernhill Avenue, Buffalo 14215 FROM THE CIVIL SERVICE COMMISSION NO 49 AGREEMENT WITH THE BUFFALO FIREFIGHTERS GUARDIAN FOUNDATION - STEPMILL RENTAL Attached is an agreement with the Buffalo Firefighters Guardian Foundation, a separate entity from the Buffalo Fire Department. They will provide stepmills for use in the administration of the Candidate Physical Ability Exam (CPAT), which is one event in the entry-level Firefighter selection process. The stepmills will be used by candidates in the Hands On Orientation and serve as backups in the Time Trials and Official CPAT. The CPAT process will begin in September with the first candidate event scheduled for October. The cost for services is $2,800.00. The City of Buffalo Department of Human Resources respectfully requests the rental of stepmills from the Buffalo Firefighters Guardian Foundation for the administration of CPAT. The Department of Human Resources requests the following: • 2 - Stepmills (Model: StairMaster StepMi117000 PT) • The combined length of use will be 38 days (October 19 -23 and 26 -31, November 9 -21, December 3 - 16). • The Guardian Foundation agrees to drop off and pick up the stepmills to /frOm the test venue on the dates provided. • The Guardian Foundation agrees to fully service the stepmills in advance of the first delivery date (October 19) as well as maintain equipment and make repairs as needed. In exchange, the Department of Human Resources agrees to provide a rental fee of $2,800. If the Guardian Foundation agrees to these terms, please sign /date at the space provided and mail back to Olivia Licata, Director of Civil Service, at the address provided. The Department of Human Resources will forward a copy of the signed agreement. In the interim, please do not hesitate to contact me with any questions. REFERRED TO THE COMMITTEE ON FINANCE FROM THE BOARD OF EDUCATION NO 50 DEDICATING THE NEW RIVERSIDE HIGH SCHOOL FIELD TO FORMER COACH CHARLES DINGBOOM RES # 122 C.C.P. JULY 8, 2008 The Buffalo Board of Education will refer this item to its Executive Affairs Committee. There is a process that the Board follows and we are happy to provide such procedure (attached) to the Council. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE SPEACIAL COMMITTEE ON EDUCATION FROM THE CITY CLERK NO 51 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 Monday afternoon, August 25, 2008 through Friday afternoon, August 29, 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 52 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 540 Amherst St Amrense Inc Patrick J Kelleher 1672 Elmwood Ave Papa Jake's Inc Chester Menkiena 783 Elmwood Ave 783 Elmwood Ave Michael Barbara 1389 Delaware Ave One Sunset Leonard Stokes 69 West Chippewa St Bottoms Up Jack Danziger 1294 Hertel Ave Romeo and Juliet's Cafe & Bakery Romeo & Juliet's 1846 -1850 Seneca St Southside Grille Thomas Deubell RECEIVED AND FILED NO 53 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: Police- Aaron Pariseau, Anthony Shea, Judith Walker Community Services- Betty Jean Grant RECEIVED AND FILED. NO 54 NOTICES OF APPOINTMENTS - COUNCIL INTERNSI TRANSMIT HEREWITH APPOINTMENTS TO THE POSITION OF COUNCIL INTERN. Mr. Fontana moved the approval of the appointments to the position of Council Intern. ADOPTED. CERTIFICATE OF APPOINTMENT Appointment Effective 7/22/2008 in the Department of Common Council Division of Lovejoy District to the Position of Intern 1, Seasonal Non - Competitive Flat Starting Salary of $7.00 per Hour. Jenell Yammarino, 105 Longnecker St, Buffalo 14206 CERTIFICATE OF APPOINTMENT Appointment Effective 8/11/2008 in the Department of Common Council Division of Delaware District to the Position of Intern IX, Temporary Non - Competitive Hourly Starting Salary of $11.11 Rebecca Hoffman, 257 Jersey St, R, Buffalo 14201 CERTIFICATE OF APPOINTMENT Appointment Effective 8/11/2008 in the Department of Common Council Division of City Clerk to the Position of Intern IX, Temporary Non - Competitive Hourly Starting Salary of $11.11 Alice Radka, 1964 Clinton St, Buffalo 14206 Gail Prange, 43 Howell St, Buffalo 14207 Mark Giglio, 233 E Eagle St Apt 707, Buffalo 14204 NO 55 APPOINTMENTS - MAYOR'S YOUTH OPPORTUNITY & EMPLOYMENT I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. RECEIVED AND FILED CERTIFICATE OF APPOINTMENT Appointment Effective 6/2/2008 in the Department of Community Service & Recreational Programming Division of Youth to the Position of Intern 11, Seasonal Unclassified Flat Starting Salary of $7.15 per hour. Mark Brown, 208 Floss Ave, Buffalo 14215 Ruth Long, 46 Oxford Ave Apt #4, Buffalo 14209 Jordan Mitchell, 309 Eggert Rd, Buffalo 14215 Catherine Keegan, 15 Wingate Ave, Buffalo 14216 Glendale Snead Jr, 128 Laird, Buffalo 14207 Nicholas Cleague, 212 Chester St, Buffalo 14208 Cameron Wilkes, 350 Walnut, Buffalo 14204 Stewart Nicolas, 161 Saranac Ave, Buffalo 14216 Troy Brown, 58 Warwick Ave, Buffalo 14215 Erika Sykes, 143 Oakgrove Ave, Buffalo 14214 Juan Ramirez, 91 Whitney PI, Buffalo 14201 Loumarie Ramos, 218 Crowley Ave, Buffalo 14207 Angelica Rodriguez, 935 W Ferry, Buffalo 14209 WilkaRodriguez, 10 Rosetta Petruzzi Way, Buffalo 14201 Ian Simmons, 2 Maryner Towers Apt 201, Buffalo 14201 Mariam Abdo, 321 Grant St, Buffalo 14213 Jordan Velazquez, 925 Niagara St, Buffalo 14213 Juan Caraballo, 353 Vermont St, Buffalo 14213 Gabriel Burgos, 124 Whitney PI, Buffalo 14201 Kevin Daniels, 1377 Kensington Ave, Buffalo 14215 Ryan Guadalupe, 126 Lawn Ave Apt E, Buffalo 14202 Felix Laboy, 195 Hoyt St, Buffalo 14213 Tashara Jordan, 91 Burgard PI, Buffalo 14211 Kevin Swain, 861 Prospect Ave, Buffalo 14213 Mohammed Ibrahim, 497 Massachusetts, Buffalo 14213 Julie Laboy, 195 Hoyt St, Buffalo 14213 Yarelis Davila, 339 Crowley Ave, Buffalo 14207 Daniel Eckert, 215 Beard, Buffalo 14214 Natalie Cainaru, 23 Grace Street, Buffalo 14207 Lisa Glenn, 280 Sumner, Buffalo 14211 Savannah Baker, 34 Troupe St, Buffalo 14210 Aweis Aweis, 240 Potomac Ave, Buffalo 14213 Mohamed A Sharif, 70 Herkimer, Buffalo 14213 Said Hersi, 232 Auburn Ave, Buffalo 14213 Francis Snyder, 21 Russell St, Buffalo 14214 Matthew Jaskula, 53 Susan Lane, Buffalo 14220 Fadumo Farah, 17 Auchinvole, Buffalo 14213 Farah Saynab, 17 Auchinvole Ave, Buffalo 14213 Scott Felt, 120 Farmer St, Buffalo 14207 Lakeem Bradberry, 199 Grape St, Buffalo 14204 Kristen Royster, 11 Oneida St. Buffalo 14206 Ernest Johnson, 269 Olympic, Buffalo 14215 Rose Garcia, 10 Seventh St Apt 220, Buffalo 14201 Christopher Michalek, 190 Bird, Buffalo 14213 Glen Rippy, 61 Hayward, Buffalo 14204 Shaquille Burnes, 24 Freeman, Buffalo 14215 Adonte Buster, 62 Germain St, Buffalo 14207 Jabaar Bellot, 553 Hopkins, Buffalo 14220 Jamal Henderson, 9 Goulding, Buffalo 14208 Morissa Emerson, 187 Congress, Buffalo 14213 MiQuiara Gibson, 818 Smith St, Buffalo 14206 Abdikarim Abdullahi, 281 Niagara, Buffalo 14201 CERTIFICATE OF APPOINTMENT Appointment Effective 6/2/2008 in the Department of Community Service & Recreational Programming Division of Youth to the Position of Intern III, Seasonal Unclassified Flat Starting Salary of $8.15 per hour. Sharene Long, 291 West Delavan Apt 5, Buffalo 14213 Lauren Palisano, 899 Parkside Ave, Buffalo 14216 Jennifer Gonzalez, 203 Efner St, Buffalo 14201 Andre McKnight, 55 Bame Ave, Buffalo 14215 CERTIFICATE OF APPOINTMENT Appointment Effective 7/2/2008 in the Department of Community Service & Recreational Programming Division of Youth to the Position of Intern II, Seasonal Unclassified Flat Starting Salary of $7.15 per hour. Ahmed Said, 39 Barton, Buffalo 14213 Mylysia Tuck, 42 Schauf, Buffalo 14211 Alysia Tuck, 42 Schauf, Buffalo 14211 Patrice Bukeyeneza, 186 Gorton St, Buffalo 14207 Mariano Hernandez, 125 Seymour, Buffalo 14210 CERTIFICATE OF APPOINTMENT Appointment Effective 7/7/2008 in the Department of Community Service & Recreational Programming Division of Youth to the Position of Intern II, Seasonal Unclassified Flat Starting Salary of $7.15 per hour. Dionn Williams- McGhee, 435 Dartmouth, Buffalo 14215 Shiheda Williams, 20 Memorial, Buffalo 14206 Basil Hughes, 210 Roesch, Buffalo 14207 Emmanuel Rosado, 92 Briggs, Buffalo 14207 Patrick Maloney, 70 Edgewood Ave, Buffalo 14220 Margaret Higgins, 815 McKinley Pkwy, Buffalo 14220 Kyle Pellam, 29 Norway, Buffalo 14208 Alec Pinterpe, 35 Carlyle, Buffalo 14220 Davonte Wardlaw, 30 Bennett Village, Buffalo 14214 Kala Adams, 50 Ruspin, Buffalo 14215 Abigail Gonzalez, 256 14 Street, Buffalo 14213 Charnique Sanders, 23 Sumner, Buffalo 14211 Rhomel Bozeman, 211 Detroit, Buffalo 14212 Brandon Walker, 159 Roebling, Buffalo 14215 CERTIFICATE OF APPOINTMENT Appointment Effective 7/28/2008 in the Department of Community Service & Recreational Programming Division of Youth to the Position of Intern VI, Seasonal Unclassified Flat Starting Salary of $11.11 per hour. Reggie Brown, 272 Sumner PI, Buffalo 14211 NO 56 NOTICE OF APPOINTMENTS — SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED CERTIFICATE OF APPOINTMENT Appointment Effective 8/4/2008 in the Department of Community Service & Recreational Programming Division of Youth to the Position of Intern II, Seasonal Unclassified Flat Starting Salary of $11.11 per hour. Carmen Mambrino, 229 Hampshire St, Buffalo 14213 CERTIFICATE OF APPOINTMENT Appointment Effective 8/6/2008 in the Department of Community Service & Recreational Programming Division of Youth to the Position of Intern II, Seasonal Unclassified Flat Starting Salary of $11.11 per hour. Sean P Kennedy, 160 Indian Church Rd, Buffalo 14210 Michael Norwood, 145 Hastings Ave, Buffalo 14215 NO 57 APPOINTMENTS — TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent)(as per requirements) REFERRED TO THE COMMITTEE ON CIVIL SERVICE CERTIFICATE OF APPOINTMENT Appointment Effective 7/21/2008 in the Department of Public Works Division of Engineering to the Position of Senior Engineer, Permanent Appointment Minimum Starting Salary of $52,677 Michael Murphy, 93 Parkside Court, Buffalo 14214 CERTIFICATE OF APPOINTMENT Appointment Effective 8/4/2008 in the Department of Public Works Division of Water to the Position of Meter Reader, Temporary Appointment Minimum Starting Salary of $26,562 Charles Davis, 979 Northland Ave, Buffalo 14215 CERTIFICATE OF APPOINTMENT Appointment Effective 7/23/2008 in the Department of Audit and Control Division of Accounting to the Position of Junior Data Control Clerk, Temporary Appointment Minimum Starting Salary of $29,300 Kimberly Gartz, 716 McKinley, Parkway, Buffalo 14220 CERTIFICATE OF APPOINTMENT Appointment Effective 7/28/2008 in the Department of Audit and Control Division of Audit to the Position of Assistant Auditor, Temporary Appointment First Step Starting Salary of $36,526 Ronald L Wachowski, 134 Weimer St, Buffalo 14206 CERTIFICATE OF APPOINTMENT Appointment Effective 8/11/2008 in the Department of Audit and Control Division of Accounting to the Position of Senior Auditor, Provisional Promotion First Step Starting Salary of $42,218 Demetria Harris, 115 Mortimer St, Buffalo 14204 CERTIFICATE OF APPOINTMENT Appointment Effective 8/18/2008 in the Department of Admin & Finance, Policy & Urban Affairs, Division of Inventory & Stores to the Position of Laborer II, Temporary Non- Competitive Flat Starting Salary of $11.11 per hour William A Westbrooks, 4 Jewett Pkwy #4, Buffalo 14214 CERTIFICATE OF APPOINTMENT Appointment Effective 8/26/2008 in the Department of Public Works Division of Engineering to the Position of Machine Operator Provisional Appointment Minimum Starting Salary $25, 793 Steven Michael Rusinek, 50 Peoria St, Buffalo 14207 CERTIFICATE OF APPOINTMENT Appointment Effective 8/28/2008 in the Department of Administration, Finance & Urban Affairs Division of Inventory & Stores to the Position of Associate Account Clerk Temporary Appointment First Step Starting Salary $33,016 John Palamara, 31 Baxter St, Buffalo 14207 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO 58 LEGAL AID BUREAU MONTHLY REPORT Enclosed please find a copy of our Monthly Report and Monthly Activity Report for July 2008. Please feel free to call me at 853 -9555 Ext. 453, or our Housing Attorney, Sherree Meadows, at 853 -9555 Ext. 555, if you have any COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW RECEIVED AND FILED NO. 59 MEMORANDUM J. CAMPOLONG- MONTHLY REPORT FOR THE BUFFALO WATER BOARD As requested by the Common Council, please find attached a copy of the monthly operations report for the Buffalo Water System for receipt and file. REFERRED TO THE COMMITTEE ON FINANCE NO. 60 LP CIMINELLI BOARD PACKET DOCUMENTS - AUGUST 2008 Attached are the following documents from the Joint Schools Construction Board meeting scheduled on August 4, 2008: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated July 7, 2008 3. Fully Executed Phase III Application and Certificate for Payment No. 15 -June 2008 4. Phase III Application and Certificate for Payment No. 16 - July 2008 5. Phase II Application and Certificate for Payment No. 41 - July 2008 6. Phase IV Application and Certificate for Payment No. 1 - July 2008 7. Program Packaging and Development Services (PPDS) Provider Update 8. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase III Project - June 2008 9. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase HI - June 2008 RECEIVED AND FILED NO. 61 B. DAVIS- RELOCATION OF DMV TO THE RATH BUILDING Dear Mr. Chwalinski: Please file the attach item for further discussion at the next Common Council session to be held Tuesday, September 2, 2008. Thank you in advance for your assistance with this matter. Sincerely, Brian C. Davis Ellicott District Councilmember Dear Brian: What we need on Broadway and Elm Street in Downtown Buffalo is to maintain the critical mass that already exists here. As you are aware we have two retail establishments between 129 -143 Broadway: Choco -Logo and Gro Florist. The historic Colored Musicians Club is at 143. Around the corner on Michigan is the developing Underground Railroad museum for the Baptist Church and the completed Nash House. Recently defunct is the Mobil on Michigan and a few blocks west the KFC has closed. When we lose the Erie County DMV we will also lose the critical mass. More importantly, the DMV on Broadway services mostly inner city lower income folks. They have a place to park at a nearby city parking meter while they do business with Erie County. These conveniences will not be available at the Rath Building. We are the people, not Erie County. Also, we do not need more critical mass in or around the Rath building. Office space is not free in the Rath. I'd bet my business sense that the square footage cost of the Rath to the county when all expenses are calculated is equal to or greater than what the county pays on Broadway. I own my building free and clear. The expenses are enormous. We are taking two steps backwards for the people: at least one step back for Erie County finances; and clearly with the loss of major foot traffic we are destroying the viability for retail in this Ellicott District neighborhood. Incidentally, why would the county clerk at taxpayer expense have "Kathleen Hochul, Erie County Clerk" painted on the windows of the Broadway location when the clerk new that building was to be vacated? Kind regards, RECEIVED AND FILED NO. 62 182 VIRGINIA STREET RESIDENTIAL VACANT LOT Dear Mr. Chwalinski: Please file the attach item for further discussion at the next Common Council session to be held Tuesday, September 2, 2008. Thank you in advance for your assistance with this matter. Dear Mr. Hannon Jr.: Enclosed please find a previous letter I submitted to your office. I would like to inquire if the status of the above mentioned property has changed. I have been up keeping the vacant lot at my own expense since the City demolished the property last year. I would like to be considered first on the list when it becomes "homestead" and have the opportunity to purchase the property from the City of Buffalo. Thank you for your time and consideration in this matter, if you have any questions, please do not hesitate to contact me at (716)845- 2641 (8am -4pm). I am looking forward to a respond at your earliest convenience. Dear Mayor Brown: On August 19, 2006, an arsonist got their hand on a vacant house at 182 Virginia Street located next door to my families property (184- 186 Virginia Street) for the past 20 plus years, we lived at our home with no problems, keeping up our property and doing all that is ask of us as residents of Buffalo. In the last 5 or 6 years, the house on 182 Virginia has been abandoned and in deplorable conditions, we have tried to keep it up (so our neighborhood didn't look bad), countless of complains about this eyesore have gone unanswered. I hate to think that my concern may go unanswered due to my ethnicity or just because it's a home on the Lower West Side. This is the "City of Good Neighbors" not the city of abandoned or unkempt lots. Enclosed please find copies of photos that I took last summer. Showing how the house look and not once been cited. This property never been to Housing Court before or after the City demolished the property on August 19. 1 could assure you that if one iota on my property wasn't to the inspector's standard, we could have been issue a violation immediately. No questions ask. I'm only asking for a chance at purchasing this lot at a reasonable cost, to secure my family home and have peace of mind that my children can have a place for their children and so for to say, this has always been our home. Thank you for your time and consideration in this matter, if you have any questions, please feel free to contact me at my work extension 845 -2641 (8am -4pm) or home at 842 -1337. 1 am looking forward to a respond at your earliest convenience. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF STRATEGIC PLANNING NO. 63 B. DAVIS- CATHEDRAL PARK TOWER Dear Mr. Chwalinski: Please file the attach item for further discussion at the next Common Council session to be held Tuesday, September 2, 2008. Thank you in advance for your assistance with this matter. Sincerely, Brian C. Davis Ellicott District Councilmember Dear Common Council: Quality Inspection Services, Inc. (QIS), in association with our building, Cathedral Park Tower, located at 37 Franklin Street, Buffalo, NY 14202, proposes the following: To manage a Cathedral Park beautification process To create a more suitable facade for Cathedral Park To gain the city's help, if needed, in providing materials for the clean -up Note: QIS has been in business for over twenty (20) years and has recently purchased a large amount of the property in the Cathedral Park Tower. With close to 300 employees, we'd like to greet each of them, along with our customers, with a smile and a clean, appropriate work location. Further, we feel the community as a whole should be able to enjoy this space. QIS is willing to work with the city to provide a solution to this issue. Thank you. Sincerely, and respectfully yours, Quality Inspection Services, Inc. REFERRED TO THE COMMITTEE ON FINANCE,THE DEPARTMENT OF PUBLIC WORKS AND THE CORPORATION COUNSEL NO. 64 FEDERAL ENERGY REGULATORY COMM. -ORDER ISSUING PRELIMINARY PERMIT (Issued July 17, 2008) On January 18, 2008, FFP Niagara Project 1, LLC (Free Flow Power Corporation) filed an application pursuant to section 4(0 of the Federal Power Act (FPA),' to study the feasibility of the hydrokinetic Niagara River Project. The project would be located on the Niagara River in Erie and Niagara Counties, New York. The project uses no dam or impoundment. The proposed project consists of: (1) 875 proposed 20 kilowatt Free Flow generating units having a total installed capacity of 17.5 megawatts, (2) a proposed transmission line, and (3) appurtenant facilities. The FFP Niagara Project 1, LLC project would have an average annual generation of 76.6 gigawatt- hours, which would be sold to a local utility. The Commission issued public notice of the application. Motions to intervene were filed by the U.S. Department of the Interior (Interior), New York Department of State (NYDOS), the New York Power Authority (NYPA), Niagara River Greenway Commission (NRGC), New York State Department of Environmental Conservation (NYDEC), Buffalo Niagara Riverkeepers, Inc., and jointly by the Cities of North Tonawanda and Lockport, New York 2 to be parties to the proceeding. Comments were filed by Interior and James W. Foit. The commentors mostly listed issues to be addressed during the studies that pertain to the construction of the project and provided a list of information to be obtained during the studies to address potential impacts. Interior also requested that the permittee be required to consult with the U.S. Fish and Wildlife Service (FWS) and other relevant agencies. Section 4(1) of the FPA authorizes the Commission to issue preliminary permits for the purpose of enabling prospective applicants for a hydropower license to secure the data and perform the acts required by FPA section 9, which in turn sets forth the material that must J 16 U.S.C. § 797(1) (2000). z The Cities of North Tonawanda and Lockport, New York also filed a Notice of Intent to file a competing preliminary permit application. The deadline to file the preliminary permit application was June 18, 2008; however, no application was filed. 3 16 U.S.C. § 802 (2000) accompany an application for license. The purpose of a preliminary permit is to preserve the right of the permit holder to have the first priority in applying for a license for the project that is being studied. Because a permit is issued only to allow the permit holder to investigate the feasibility of a project while the permittee conducts investigations and secures necessary data to determine the feasibility of the proposed project and to prepare a license application, it grants no land- disturbing or other property rights, On February 15, 2007, the Commission issued a notice of inquiry seeking comments How it should treat applications for preliminary permits to study hydropower projects involving proposals to utilize wave, current, and instream new technology methods. In the notice of inquiry, the Commission posed three possible alternatives and stated that, pending the outcome of the notice of inquiry proceeding, it is adopting in the interim a "strict scrutiny" approach. Under that approach, the Commission will process new technology preliminary permit applications with a view toward limiting the boundaries of the permits, to prevent site - banking and to promote competition. Further, to ensure that permit holders are actively pursuing project exploration, the Commission will carefully scrutinize the reports that permit holders are required to file on a semi- annual basis,' and would, where sufficient progress was not shown, consider canceling the permit. Stricter scrutiny could entail requirements such as reports on public outreach and agency consultation, development of study plans, and deadlines for filing a Notice of Intent to file a license application and a Pre - Application Document. During the course of the permit, the Commission expects that the permittee will carry out prefiling consultation and study development leading to the possible development of a license application. The prefiling process begins with preparation of a Notice of Intent (NOI) 4. See, e.g., Mt. Hope Waterpower Project LLP, 116 FERC ¶ 61,232 at P 4 (2006) ( "The purpose of a preliminary permit is to encourage hydroelectric development by affording its holder priority of application (i.e., guaranteed first -to -file status) with respect to the filing of development applications for the affected site. "). Thus, a permit holder can only enter lands it does not own with the permission of the landholder, and is required to obtain whatever environmental permits federal, state, and local authorities may require before conducting any studies. See, e.g., Three Mile Falls Hydro, LLC, 102 FERC ¶ 61,301 at P 6 (2003); see also Town of Summersville, F/. Ira. v. FERC, 780 F.2d 1034 (D.C. Cir. 1986) (discussing the nature of preliminary permits). 6 See Preliminary Permits for Wave, Current, and Instream New Technology Hydropower Projects, Notice of Inquiry and Interim Statement of Policy, 118 F ERC ¶ 61,112 (2007). 7 As a standard condition in all preliminary permits, the Commission requires the permit holder to file progress reports every six months. and Pre - Application Document (PAD) pursuant to sections .5.5 and 5.6 of the Commission's Regulations is The permittee must use the Integrated Licensing Process unless me Commission grants a request to use an alternative process (Alternative or Traditional Licensing Process). Such a request must accompany the NOI and PAD and set forth specific information justifying the request." Should the pemitteee development application notice of the application will be published, and interested persons and agencies will have an opportunity to intervene and to present their views concerning the project and the effects of its construction and operation. This permit includes conditions to closely monitor the progress of the perrmttee activities. In addition to the six -month progress reports required of permities, this permit will also require the permittee to tile, within 45 days of the issuance date, a schedule of activities to be carried out under the permit and target dates for completion of these activities. At a minimum, this should include the tiling of the NOI and PAD within one year of permit issuance, along with any request to use the traditional or alternative licensing process, or an NOI and Draft Application within two years of permit issuance for a request for necessary waivers to pursue hydrolkinetic pilot project licensing procedures. The PAD must also include the time flame for consulting with federal, state, and local agencies, tribes, non - governmental organizations, and any other interested entities; and a preliminary list of issues identified and necessary studies related to these issues. If the periodic progress reports required by Article 4 of this permit do not show significant progress, or if the permittee fails to comply with any other conditions, the permit may be cancelled. A preliminary permit is not transferable. The named permitee is the only party entitled to the priority of the application for license afforded by this preliminary permit. In order to invoke permit -based priority in any subsequent licensing competition, the named permitee must tile an application for license as the sole applicant, thereby evidencing its intent to be the sole licensee and to hold all proprietary rights necessary to construct, operate, and maintain the proposed project. If other parties intend to hold any proprietary rights necessary for the construction, operation, and maintenance of the proposed project during the term of an issued license, they must be included as joint applicants in any license application to be tiled with the Commission. In such an instance, where parties other than the permittee are added as joint applicants for license, the joint application will not be eligible for any permit -based priority The Director orders: (A) A preliminary permit is issued for this project to FFP Niagara Project 1, LLC for a period effective the first day of the month in which this permit is issued, and ending either 36 months from the effective date or on the date that a development application submitted by the permittee has been accepted for filing, whichever occurs first. (B) This preliminary permit is subject to the terms and conditions of Part I of the Federal Power Act and related regulations. The permit is also subject to Articles I through 4, set forth in the attached standard form P -1. (C) The permittee, in addition to the six -month progress reports required under Article 4, shall file the following: Within 45 days of the issuance date of the permit, a schedule of activities proposed by the permittee during the three -year permit term, leading to the filing of a development application. At a minimum, this shall include filing, within one year of the date of this permit, a notice of intent to file a license application (NOI) and pie - application document (PAD), accompanied by, if desired, a request to use the Traditional Licensing Process or Alternative Licensing Process, or the filing of an NOI and Draft Application no later than two years from permit issuance for development of a request for necessary waivers to pursue hydrokinetic pilot project licensing procedures. The PAD shall include a time frame for consulting with federal, state, and local agencies, tribes, non - governmental organizations, and any other interested entities; and for developing and filing a preliminary list of issues identified and studies related to these issues needed to develop a license application. (D) This order is issued under authority delegated to the Director and constitutes final agency action. Requests for rehearing by the Commission may be filed within 30 days from the date of issuance of this order, pursuant to 18 C.F.R. § 385.713. FEDERAL ENERGY REGULATORY COMMISSION TERMS AND CONDITIONS OF PRELIMINARY PERMIT Article 1, The purpose of the permit is to maintain priority of application for a license during the term of the permit while the Permittee conducts investigations and secures data necessary to determine the feasibility of the proposed project end, if said project is found to be feasible, prepares an acceptable application for license. In the course of whatever field studies the Permittee undertakes, the Permitee shall at the all times exercise appropriate measures to prevent irreparable damage to the environment of the proposed project. All test sites shall be restored as closely as possible to their original condition and to the satisfaction of the Commission's authorized representative or, where federal lends are affected, to the satisfaction of the agency administering such lends. Article 2. The permit is not transferable end may, after notice end opportunity for hearing, be canceled by order of the Commission upon failure of the Permittee to prosecute diligently the activities for which a permit is issued, or for any other good cause shown. Article 3. The priority granted under the permit shall be lost if the permit is canceled pursuant to Article 2 of this permit, or if the Permittee fails, on or before the expiration date of the permit, to file with the Commission an application for license for the proposed project in conformity with the Commission's rules and regulations then in effect. Article 4. At the close of each six -month period from the effective date of this permit, the Pemittee shall file four copies of a progress report with the Secretary, Federal Energy Regulatory Commission, 888 First Street, N.E., Washington, D.C. 20426; and shall serve a copy on the interveners in this proceeding. The report shall describe, for that report period, the nature and timing of what the Permitlee has done under the pro - filing requirements of 18 CFR sections 4.38 end 5 and other applicable regulations; end, where studies require access to end use of land not owned by the Permittee, the status of the Permittee's efforts to obtain permission. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 65 R. FONTANA- DEDICATING TODAY'S COMMON COUNCIL MEETING TO THE MEMORY OF NANCYLIA SALTER. In conjunction with the attached Memoriam that is being filed to honor Nancylia Salter, I would like today's Common Council Meeting to be dedicated to her memory. Please feel free to contact my office at 851 -5151 if you have any questions in regard to this request. Sincerely, Richard A. Fontana Lovejoy Common Council Member ADOPTED NO. 66 "INSTITUTING„ A BAN ON SMOKING WITHIN 50 FEET (ITEM #165. CCP JULY. 22, 2008) PLAYGROUNDS M ALL PUBLIC AND COUNTY PARKS I am in favor of the idea of no smoking within 50 feet of any playground within a park. My only concern is that the seating areas now in place that the guardians use while supervising the children are mostly inside the 50 foot radius that is being proposed. That may pose a problem in the future. If can be of further assistance, please do not hesitate to call me. RECEIVED AND FILED NO. 67 M. KEARNS- ASSISTING THE CITY IN PLANNING AND IMPLEMENTING AN EFFECTIVE ATTACK ON BLIGHTED PROPERTIES IN OUR NEIGHBORHOODS MEMORANDUM Gerald Chwalinski Councilmember Kearns August 4, 2008 1 would like to file the attached information for the next Common Council meeting to be held on September 2, 2008. Thank you. "For the People" July 29, 2008 Councilman Mickey Kearns City Hall Buffalo NY 14202 Dear Councilman Kearns: A prior family commitment prevents me from expressing my sentiments about demolitions in the City of Buffalo but I am hoping that this letter will put me on the record with some ideas to assist the City in planning and implementing an effective attack on the thousands of properties in city ownership that are a blight on our neighborhoods. 1 send this letter as a lifelong resident of the City and someone intrinsically concerned with its vitality. I do not write in a professional capacity but rather as another involved citizen. With so many structures in need of demolition, it might seem a daunting task to figure out where to start addressing the problem. Conversely, with so many such structures, acting without a plan for demolition will only add to the randomness and detract from the effectiveness of the effort. So while it seems to be too obvious a suggestion, the first thing to do is plan. As an oft - wounded infantryman in Vietnam, I was impressed with the quality care I received at the hands of medical professionals in the combat zone. One of the reasons the care was so effective was the system of triage, or prioritization of wounds. The critically wounded and savable were treated first, the critically and mortally wounded later, and the non -life threatening somewhere in the middle. The demolition process could and should take the same prioritization. Bad houses in good neighborhoods should be the first to go. A single bad structure can diminish property values significantly if left unattended. Conversely, the removal of a bad property can enhance property values significantly. No one who is trying to maintain their property in decent fashion should have to live next door to a garbage property. But taking down the property should only be the first step. It is no more appealing to live next door to a vacant, overgrown, garbage strewn, rodent infested lot than it is to live next to a bad house. That's where the planning comes into play. We all know that the City can't maintain the empty lots in its possession now much less care for additional lots. We all also know that the process of getting such property in the hands of a next door neighbor or a community garden is a cumbersome, lengthy process. So, first, never demolish a house without a plan for the next step: - Always have a plan for the empty lot that results from the demolition. - Survey neighbors to see if there is a buyer for the lot. -Allow a tax break for possession and upkeep of the lot. - Assess the potential for a community garden in the event that there is no one interested in the lot. - Determine if the neighborhood needs a winter parking lot to help in snow removal on narrow streets without driveways. - Change city regulations to allow it to give such resulting lots to neighbors to increase the footprint of their lots and potentially increase the home's value. -Allow neighboring homeowners to lease the lots in perpetuity while permitting the city to cancel the lease upon the same terms as eminent domain. These and more potential outcomes should all be assessed and prioritized prior to taking the bulldozer to the house. It's also critical that the disposition process for these lots be expedited to make sure the City is not in possession, and thus responsible for maintenance, for an extended period. Bad houses that can be taken down to maximize rebuilding potential should come down next. In several locations I've seen, bad houses all in a row are present. They can be taken down but with an eye to reuse. Can a new house be built on two old lots? Can the lots resulting from demolition be reused in another neighborhood friendly fashion? There are probably some abandoned structures that could be rehabilitated. They should trigger another phase of the plan. Can we get these structures into the hands of people in the community doing rehab work? Are there churches that could use the sweat equity of their congregation to develop an old house into a new opportunity? Can the good faith and reputation of a caring City administration leverage donations of materials to assist in this rehabilitation? We have homeless veterans all over the community. We have working single parents who would love the chance to become a home owner. We have lots of houses and we have a caring community. Honest assessments of the vitality or potential vitality of a structure could bring all those elements together to create new opportunity for deserving city residents. The City could act as a mediator to assist owners of bad property to get that property in the hands of a church, community, or neighborhood group. I know several people who owned property they no longer wanted and that was not suitable for sale. If such owners could call a central clearing house to assist in the gift or other transfer of the property to a non - profit, such properties might be able to be saved before they deteriorate to a point where rehab is no longer possible. With abandoned housing such an enormous issue, the City should take a closer look at creating its own demolition unit. This was attempted during my tenure in City Hall but abandoned too quickly in my opinion. Realistically, there will be a number of houses that could only be demolished but professional crews. Just as realistically, though, there are many houses that could be torn down with minimal supervision. It only makes sense for the City and for its blue collar union to make a more conscientious stab at such a City unit. I realize that nothing I've proposed in this correspondence is a radical or constitutes an immediate solution to the City's problem. It is simply good administration, though, to attack this critical problem with a plan, rather than a random approach. The planning wouldn't take much thought. It would present the City with a true picture of need and provide a roadmap as to how to proceed. All that's lacking is the will to plan and that's not a good enough reason not to plan. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 68 M. KEARNS- LETTER RE HONORING JAMES GRIFFIN MEMORANDUM I would like to file the attached information for the next Common Council meeting to be held on September 2, 2008. Thank you. "For the People" 27 Lorelee Drive Tonawanda, NY 14150 July 30, 2008 Honorable Councilman Michael Kearns Chairman Finance Committee City Hall Buffalo, New York 14202 Dear Councilman Kearns: The late mayor James D. Griffin served an unprecedented 16 consecutive years as mayor of the City of Buffalo. His accomplishments are many. In the December 19, 1979 lead editorial of the Buffalo Evening News titled "Go -Ahead for Waterfront ", we read that "Development of Buffalo's downtown Waterfront Village took a mighty step forward when the Common Council voted overwhelmingly to sell urban renewal land there to the Pioneer Pyramid Group of Syracuse for construction of a $15 million commercial and retail complex. The city also is on the verge of selling other nearby parcels to other developers for new residential construction. When fully completed, the village project.., will inject new life into 66 long dormant acres between the Niagara Thruway and Lake Erie, marking a big stride toward fulfillment of the old Buffalo dream of waterfront reclamation and beautification. In the process, the city will gain two things it sorely needs, - new residents and new property values." The same editorial goes on to say that "It is painful to recall that official interest in redeveloping this prime waterfront region goes back to the early 1960's. Indeed, more than a decade has gone by since the city, with federal help, completed acquisition and clearance of the area. At times during that period, it seemed that this site might remain eternally vacant and unused, a mute testimonial to the failures of urban renewal. But on taking office last year, Mayor Griffin gave Waterfront Village rejuvenation a top priority and planning got under way in earnest when the city retained American City, a subsidiary of the famed Rouse Co., as its consultant." In the Buffalo News lead editorial on April 13, 1988 titled "Pilot Field offers City Good Baseball and More ", we read that "... with waterfront development, Pilot Field will become Griffin's major legacy to the City of Buffalo, and one for which he will be long remembered." A City of Buffalo report titled "The Griffin Administration - January 1, 1978 - December 31, 1993" highlights the accomplishments of the Griffin Administration. We read that "our waterfront, which was once partially vacant and run down, now has 282 townhouses, 3 office buildings, a Hilton Hotel (now Adams Mark), Crawdaddys Restaurant (now Shanghai Reds) and the new WNED studio and headquarters, a total investment of $200 million. The assessed value of this area increased from $2.1 million in 1979 to $116.7 million in 1993, and the City has received $5.8 million in property taxes and fees. The reconstruction of the Bird Island Pier, where 54 people had lost their lives, was completed in 1987 at a cost of $3.5 million, and has resulted in improved safety to our fishermen and pedestrians ". Mayor Griffin and his administrations recognized the importance of developing our waterfront and the potential of the outer harbor. To this end, a study was undertaken relating to access to the waterfront. This study centered on the costs and various options of building a tunnel to connect downtown Buffalo with the outer harbor. Through the efforts of Congressman Hank Nowak, $20 million in federal funds was provided as seed money for this project. Unfortunately, the Griffin years in office came to an end before the tunnel concept could become reality. Nonetheless, waterfront development was one of the crown jewels of the Griffin years. Action is now underway to recognize the late Mayor Griffin for his leadership in bringing back professional baseball to Buffalo and Western New York, and for the construction of our downtown baseball stadium. One piece of recognition is missing.., honoring Mayor Griffin for his accomplishments on the Buffalo Waterfront and for his vision for the outer harbor. The entire area from the Erie Basin Marina north to LaSalle Park was a deserted, rundown, desolate area prior to 1978. Look at what is there now, and it is still growing!! I respectfully urge you to recognize Mayor James D. Griffin for his many accomplishments and leadership on the Buffalo waterfront. The options are many and varied, from naming the Waterfront Village the Mayor James D. Griffin Waterfront Village, to a suitable plaque, to a street renamed or naming one of the new and exciting Waterfront projects in his honor. You have the expertise, wherewithal and ability to make this a reality. It is well deserved. The time is right. Mayor Griffin spent his entire life serving the people of Buffalo and Western New York. He should be recognized for his accomplishments, and you can make it happen. I await your response. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 69 M. KEARNS -J. DAILEY -SLIP HOLDERS - CONCERNS ERIE BASIN MARINA Available for review in the City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT NO. 70 M. KEARNS -FEMA UPDATED FLOOD RATE INSURANCE MAPS Commissioner Stepniak: As you know, the City of Buffalo, as part of a coordinated effort with the Federal Emergency Management Agency ( "FEMA "), is currently in the process of adopting updated Flood Rate Insurance Maps ( "FIRMs ") that will affect large numbers of property owners within the South & Lovejoy Council Districts. Adoption of these updated FIRMS will have a significant effect on the financial situation on owners of property within the designated boundaries of these FIRMs, insofar as the flood risk determinations reflected by these FIRMs will obligate certain property owners to begin purchasing federally mandated flood insurance, while removing this obligation from others. It is my understanding that the Dept. of Public Works has been working with private consultants to review, and where possible supplement, the flood risk determinations made by FEMA as reflected in these updated FIRMs. It is absolutely imperative that all such work be completed before the updated FIRMs take effect on September 26 2008. 1 believe that property owners who will be affected by these updated FIRMs should be informed of the important work that the Dept. of Public Works and their consultants have done on their behalf. To this end, I am requesting that the Dept. of Public Works in all expediency provide a description of all work completed, as well as that which is scheduled to be completed, by the aforementioned consultant(s) in regards to evaluating the flood risk posed to properties within the updated FIRMs. Such information should be filed with the City Clerk for review by the Common Council at its meeting scheduled for Sept. 16, 2008. Please feel free to contact me at 851 -5169 if you have any questions in regard to this request. Sincerely, Michael P. Kearns South District Common Council Member REFERRED TO THE COMMITTEE ON FINANCE. NO. 71 M. KEARNS- MEMORANDUM NYS DEPARTMENT OF ENVIRONMENTAL CONSERVATION RE: LEHIGH VALLEY RAILROAD I would like to file the attached information for the next Common Council meeting to be held on September 2, 2008. Thank you. The New York State Department of Environmental Conservation (Department) maintains a Registry of sites where hazardous waste disposal has occurred. Property located at 110 Furhmann Blvd. in the City of Buffalo within Erie County, and designated as Tax Map No. 132.12 -1 -1.11 was recently reclassified from Class 2 to Class 5 in the Registry. The name and site 1. D. number of this property as listed in the Registry are Lehigh Valley Railroad, Site No. 915071. The Classification Code 5 means the Site is properly closed, no evidence of present or potential adverse impact - no further action required. We are sending this letter to you and others who own property near the site listed above, as well as the county and town clerks, officials and public water supplier. We are notifying you about these activities at this site because we believe it is important to keep you informed. If you currently are renting or leasing your property to someone else, please share this information with them. If you no longer own the property to which this letter was sent, please provide this information to the new owner and provide this office with the name and address of the new owner so that we can correct our records. The reason for this recent classification decision is as follows: Previous investigations documented soil contamination with volatile organic compounds (VOCs) and lead. To address the contamination, a phased Interim Remedial Measure (IRM) was performed which included the excavation of a total of 3,400 cubic yards of contaminated soils. Confirmation samples of the bottom and sides of the excavation confirmed that the action taken in the IRM met remedial action goals. Upon completion of remedial activities, the site was backfilled with clean soil, seeded and restored to a small wetland. Several rounds of groundwater monitoring were subsequently completed which further indicated a successful remediation. Consequently, a "No Further Action" Record of Decision was issued on March 27, 2006. Since the Lehigh Valley Railroad site has been successfully remediated and is protective of public health, it is appropriate to reclassify this site from Class 2 to Class 5. If you have any questions or seek additional information, please contact the Project Manager, Maurice Moore at (716) 851 -7220. REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT NO. 72 M. KEARNS- SINKING HOMES ON WEYAND AVENUE Dear Commissioner: Over the past two years my office has been working with the Department of Public Works on a number of complaints and inquiries regarding growing problems on Weyand Avenue. Your assistance in this matter is greatly appreciated; however many of the neighbors have become frustrated with the progress and lack of information. Although your department has been diligent in assessing the situation, many of the neighbors are searching for answers to problems that have been ongoing for 5 to 6 years. Mike Zera and his team have been assessing the dips in the street itself, but many of the neighbors are still concerned about their sinking homes. It is my hope that the Department of Public Works will conduct further testing and perhaps drilling to measure the elevations of the homes on Weyand Avenue. Even though we inherited this situation, we need to move proactively toward a plan that will address the sinking homes. Cheryl Sperling of Weyand has asked me to share with I ou her frustration: "1 am just becoming increasingly concerned that the 3 winter is approaching and with the weight of the snow and the amount of runoff that happens, we are going to have further damage. We have been waiting for a geological study of the street." I look forward to our meeting and working with your department to address these serious concerns. Finally, I thank for your anticipated cooperation and quick reassurance to get to the bottom of this urgent situation. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 73 M. KEARNS- MEMORANDUM WASHINGTON MUST RETOOL FOR A MORE FOCUSED ROLE IN BUFFALO ARTICLE I would like to file the attached information for the next Common Council meeting to be held on September 2, 2008. Thank you. Washington Must Retool for a More Focused Role in Buffalo The land of the Erie Canal should be well aware of the link between transportation and economic development- But just as the railroads replaced the canal as an economic juggernaut, in today's global economy we need national transportation priorities that acknowledge the metropolitan nature of our economy. Infrastructure matters, because state -of- the -art transportation, telecommunications and energy networks -- the connective tissue of New York and the nation - are critical to moving goods, ideas and workers quickly and efficiently and providing a safe, competitive climate for business operations. But for too long, federal transportation policies have ignored industrial metropolitan areas like Buffalo or have undermined them directly. Instead of a strategy that focuses on how to strengthen and reinvigorate these places, our federal transportation program is an uneven playing field favoring new construction over old. The upshot is that the focus has been on building bridges to nowhere rather than rehabilitating existing ones. The Minneapolis bridge collapse was a tragic reminder of a much bigger problem. There is no vision on the federal level for addressing a complex and conflicting set of transportation challenges. As a result, the nation's transportation policy is adrift. New York State has huge infrastructure demands, and because of the crisis in Transportation finance the state simply cannot afford to simultaneously expand highway and transit capacity, maintain the existing surface transportation system and reconstruct or demolish obsolete infrastructure, But one thing is for sure, transportation reform is not just about complying with tighter fiscal constraints, it's about placing infrastructure spending in the service of broader economic and sustainability goals. A purposeful program would mean that the federal government would take the lead in critical areas where a strong national role is necessary. International ports of entry like Buffalo should be targets of federal attention because of their critical role in goods movement and global trade. It would also mean empowering these places to reach outside of the Eisenhower- era transportation box and stimulate and encourage innovation. The federal government should identify those portions of the national highway system that, because of employment and residential decentralization, no longer serve central transportation goals and are capable of being decommissioned or downsized. In center cities and older suburbs, that land can be leveraged for redevelopment. The Skyway Is a perfect target for such a partnership of land owners, developers and nonprofits. The question is whether federal transportation policy can reinvent itself to adapt to today's needs. Robert Fuentes is a fellow at the Brookings Institution's Metropolitan Po /icy Program. REFERRED TO THE SPECIAL COMMITTEE ON TRANSPORTATION NO 74 OLD FIRST WARD CC -MAINT ISSUES 62 REPUBLIC ST (FILL) I am writing to inform you of some major maintenance issues at 62 Republic Street. Recently, we were informed by Mechanical Services that the building requires a new compressor, possibly costing as much as $18,000. This is sort of a good news -bad news item: I am sure a new compressor would be more energy efficient, and be eligible for NYSERDA assistance for the city, but I am sure that this was not in anyone's budget projections for 2008. It is urgent that the compressor is replaced, however. We are in our 4 h week with no air circulation. The weather has been less than helpful as well. I may have to make the decision to shut down our senior programs, including daily lunch, if we cannot have this repaired or replaced soon. We limit gym use for the youth, and are discouraging the seniors from using the fitness facilities at this time. As if the compressor weren't enough, our roof problems are escalating. We have had an ongoing leakage problem in several areas. During yesterday's rain, July 21 -c, the entire gym roof was leaking. Staff described it as "raining indoors." Staff turned out the lights and evacuated the gym, which flooded throughout. We cleaned up with squeegees this morning. We have had several folks out throughout the last year looking at the roof. I'm afraid that if we can't get the seams sealed soon, the whole building may be compromised, I hope you can help us with these maintenance items. We want to keep this building up to code and operating at its best capacity. Thank you for all of your assistance and advice. REFERRED TO THE COMMITTEE ON FINANCE AND DEPARTMENT OF PUBLIC WORKS NO 75 LEHIGH VALLEY RAILROAD SITE NO. 915071 The New York State Department of Environmental Conservation (Department) maintains a Registry of sites where hazardous waste disposal has occurred. Property located at 110 Furhmann Blvd. in the City of Buffalo within Erie County, and designated as Tax Map No. 132.12 -1 -1.11 was recently reclassified from Class 2 to Class 5 in the Registry. The name and site 1. D. number of this property as listed in the Registry are Lehigh Valley Railroad, Site No. 915071. The Classification Code 5 means the Site is properly closed, no evidence of present or potential adverse impact - no further action required. We are sending this letter to you and others who own property near the site listed above, as well as the county and town clerks, officials and public water supplier. We are notifying you about these activities at this site because we believe it is important to keep you informed. If you currently are renting or leasing your property to someone else, please share this information with them. If you no longer own the property to which this letter was sent, please provide this information to the new owner and provide this office with the name and address of the new owner so that we can correct our records. The reason for this recent classification decision is as follows: Previous investigations documented soil contamination with volatile organic compounds (VOCs) and lead: To address the contamination, a phased Interim Remedial Measure (IRM) was performed which included the excavation of a total of 3,400 cubic yards of contaminated soils. Confirmation samples of the bottom and sides of the excavation confirmed that the action taken in the IRM met remedial action goals. Upon completion of remedial activities, the site was backfilled with clean soil, seeded and restored to a small wetland. Several rounds of groundwater monitoring were subsequently completed which further indicated a successful remediation. Consequently, a "No Further Action" Record of Decision was issued on March 27, 2006. Since the Lehigh Valley Railroad site has been successfully remediated and is protective of public health, it is appropriate to reclassify this site from Class 2 to Class 5. If you have any questions or seek additional information, please contact the Project Manager, Maurice Moore at (716) 851 -7220. REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT NO 76 LICENSE AGREEMENT FOR ENCROACHMENT UPON CITY RIGHT -OF -WAY 181 ELLICOTT ST THIS AGREEMENT, made this, 6 day of August, 2008, by and between THE CITY OF BUFFALO, a municipal corporation, with offices at City Hall, 65 Niagara Square, Buffalo, New York 14202, (hereinafter "Licensor ") and the NIAGARA FRONTIER TRANSPORTATION AUTHORITY "NFTA a transportation authority created by Title Eleven -A of Article 5 of the NYS Public Authorities Law, as added by Chapter Seven Hundred Seventeen of the Laws of Nineteen Hundred Sixty- Seven, as subsequently amended and substituted, with an office at 181 Ellicott Street, Buffalo, New York 14203 (hereinafter "Licensee "). WITNESSETH: WHEREAS, the Licensor is now the owner of real property located at 181 Ellicott Street on North Division Street between Oak and Ellicott Streets in the City of Buffalo, New York; and WHEREAS, the Licensor has title to the right -of -way adjacent to Licensee's property, located in front of the bus terminal at 181 Ellicott Street on the North Division Street side between its intersections with Oak Street and Ellicott Street; and WHEREAS, the Licensee desires to use an eight foot by two - hundred foot portion of the Licensor's right -of -way located entirely within a two hundred foot wide curb cut measuring eight feet in depth on the North side of North Division Street; and WHEREAS, the Buffalo Common Council approved said proposal on May 13, 2008, with its approval of Item No. 30, C.C.P. 05/13/08; NOW THEREFORE, in consideration of $1.00 and more paid, receipt of which is hereby acknowledged, the mutual covenants and agreements made herein and other good and valuable consideration given by each party to the other, it is hereby mutually agreed by and between Licensee and Licensor as follows: 1. PRIVILEGE: Licensee is granted the right to encroach upon the Licensor's Right -Of -Way for purposes of parking of its authorized vehicles and Buffalo Transportation, Inc. taxicabs pursuant to an agreement between NFTA and Buffalo Transportation, Inc. Licensee may also by future agreement designate the right -of -way for use by any successor taxi or livery companies. 2. EFFECTIVE DATE / DURATION: This license shall become effective in whole or in part upon ten (10) days prior written notice from Licensee to Licensor and shall continue in effect and not be disturbed until such time as either party gives to the other party thirty (30) days prior written notice of termination, in whole or in part, it being understood that the Licensor will not disturb the occupancy unless: Licensee uses the right -of -way for purposes not enumerated herein; the Licensee violates any of the terms and conditions of this agreement; or the Licensor determines that the health, safety or welfare of the people of the City of Buffalo requires immediate removal and temporary or permanent termination of Licensee's use of the encroached upon area. 3. CONSIDERATION: Licensee shall pay a fee for use of the Right -of -Way in the amount of $2.00 per square foot, per year for a total of Three Thousand Two Hundred Dollars and Zero Cents ($3,200.00), payable in monthly installments in the amount of Two Hundred and Sixty -Seven Dollars and Zero Cents ($267.00) or in lump sums, once annually upon initiating its use thereof and thereafter on the anniversary date of this Agreement. 4. RESPONSIBILITY: Licensee shall be solely responsible for obtaining all applicable permits and doing all work in connection with intended improvements required for its use of the Right -of -Way which shall be conducted at Licensee's sole cost. 5. MAINTENANCE: Licensee shall, at Licensee's own cost and expense, keep the Right -of -Way, in good operating condition and repair, free from ice, snow and debris and in such condition as may be required by law. At the termination of this License, Licensee shall deliver the Right -of -Way to Licensor in good repair and condition, reasonable wear and tear excepted. 6. DISCONTINUATION: In the event Licensor determines that said license must cease as a result of factors affecting the health, safety and welfare of the public or the needs of the City of Buffalo, Licensor shall have the right to terminate this License as prescribed in Chapter 413 -67(F) of the Buffalo City Ordinances. 7. DEFENSE /INDEMNIFICATION: Licensee shall occupy and use the Right -of -Way solely at its own risk. Licensor shall not be liable to Licensee or Licensee's employees, agents, assigns or visitors, or to any other person whomsoever, for any injury to person or damage to property in the Right -of -Way caused by the negligence or misconduct of Licensee, its agents, servants or employees, or of any other person entering the Right -of -Way under the express or implied invitation of Licensee, or due to any other cause whatsoever (except to the extent that any of the foregoing are due to Licensor's negligence). Licensee agrees to defend, pay, indemnify and save Licensor free and harmless from and against any and all liability, loss, damages, expenses, cost of action, suits, interests, fines, penalties, judgments, and claims of any kind or nature by or in favor of anyone whomsoever resulting from or in connection with injury to person or property arising out of the occupation, possession, use, management or control of the Right -of -Way, except where caused by the negligence of Licensor or its agents. 8., INSURANCE: Licensee shall at its own cost and expense at all times during the term hereof maintain and pay for comprehensive general liability insurance (including coverage for personal injury and property damage) in a combined single limit amount not less than $1,000,000.00." Licensee agrees to furnish Licensor with a certificate of insurance from a responsible insurer authorized to do business in New York State, which certificate shall name Licensor as a named additional insured. In the event Licensee self- insures, Licensee shall by operation of this Agreement covenant and agree to indemnify and defend Licensor up to the above - stated amount. 9. ASSIGNMENT: Licensee may conditionally assign its rights hereunder to the Mortgagee of its property. IN WITNESS WHEREOF, the Licensor and Licensee have executed this instrument as of the day and year first written above. Licensor: Licensee: City of Buffalo NFTA Steven J. Stepniak Lawrence M. Meckler REFERRED TO THE COMMITTEE ON LEGISLATION NO 77 RESTORE NEW YORK CORRESPONDENCE Please file the attached item for further discussion at the next Common Council session to be held September 2, 2008. Thank you in advance for your assistance in this matter. Subject: About demo /rehab money for City neighborhoods I have been pondering an idea - it may not be new or original, I don't know - but I wanted to share it with you none the less. As you, I am also concerned about Buffalo's plan for the demolitioi housing without a well thought out plan to save some streets or neighborhoods. My idea is as follows: locate a street/neighborhood that is somewhat at risk (i.e. maybe a few houses are aband, and should be demolished, others are in need of major renovation but are salvageable, and most are still in good shape and occupied). Once this type of neighborhood is located, perform the necessary demos and rehabs to make the majority of the structures viable (and perhaps even put up a couple of new - builds in place of the demolished homes). Meanwhile, locate another nearb street/neighborhood that is pretty much too far gone (i.e. a majority of the homes are either abandoned and need to be demolished or are in need of extremely major renovation, and only a few good shape and occupied). Work with the existing last hold -out owners /tenants and move them into the newly renovated or built homes in the now viable neighborhood nearby. Once the majo the "too far gone neighborhood" is vacant, demolished the entire thing (and of course reuse any viable parts of existing structures in the rehab or new -build work in the "viable neighborhood ") vacant land could then be used as either a park or neighborhood garden until other viable development is needed or wanted by the neighborhood (more new housing or commercial establishmi The state /federal funding could be used for the demolitions, the rehab work, to buy -out the homeowners /tenants that would need to be relocated to the "viable neighborhood" and for upkeep of now vacant street/neighborhood. My concern now is that the money will be used to willy -nilly demolish homes with no plan. This type of demolition would leave a patch work of streets that n some houses and many vacant lots, but no vibrant neighborhoods or parcels of land large enough for any other type of development. This would obviously be a long -term solution that would t quite of bit of thought and planning to pull off. That's it .... for what it is worth. Thanks. Sincerely, Susan McMahon 66 Greenfield Street I am not able to attend the Committee meeting this evening to express my strong belief that the City of Buffalo needs to have a balanced community redevelopment policy. It must include demolition, rehabilitation of housing stock where feasible, neighborhood commercial development in selected neighborhoods and continued downtown housing and commercial development. There are large sections of the east side and lower west side of Buffalo where demolition is necessary. Also, there are pockets throughout the city where demolition is necessary in order to stop the spread of deterioration. On the other hand, there are areas in neighborhoods that have not yet reached the point of total deterioration that need rehabilitation as soon as possible (e.g. University Heights, the area west of Richmond, and sections in South Buffalo and Black Rock/Riverside). I would further suggest that neighborhood economic development be concentrated in South Buffalo on Grant Street, on the north end of Bailey Avenue and in selected areas in Black Rock/Riverside and Lovejoy. I am sure that these recommendations do not include all of the areas that need to be addressed, but it should give you an idea of how I would approach the problems that the City of Buffalo is currently facing in developing a flexible but comprehensive community redevelopment policy. We must remember that the housing stock and neighborhood commercial development in Buffalo was built to accommodate a population of over 500,000 people. Further there were very few people living in the suburbs until after World War II. Consequently, all of the commercial development that has occurred in the suburbs draws city residents away from the neighborhood commercial development that occurred in the 150 years before that happened. Another major point we must continue to keep in mind is that our population has dropped below 270,000 people and will continue to drop to about 250,000 within the next 10 to 20 years. Thus we don't need a great deal of new housing because all we are doing in many cases is moving people from one neighborhood to another. Consequently, we must approach the entire problem in a comprehensive way that recognizes the demographics of the city, the future population of the city, the type of housing that lends itself to rehabilitation for future owners and /or tenants and the amount of neighborhood commercial redevelopment that will be supported by a population of that size. Joseph E. Ryan REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 78 LOCAL LAW TO AMEND ZONING LAW Town of Cheektowaga 3301 Broadway Cheektowaga, NY 14227 Dear Gerald Chwalinski: Please be advised that the Town Board, at a meeting held on August 4, 2008 6:45 PM, considered the following resolution(s): Resolution RES- 2008 -433 Adopted [Unanimous] Call for Public Hearing - Local Law Intro No. 2008 -8 A Local Law to Amend the Zoning Law Relating to Site Plan Approval Alice Magierski COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW RECEIVED AND FILED NO 79 NY 33 ROUTE 954D, ELM -OAK ARTERIAL, TO NY ROUTE 198 LANDSCAPING AND RETAINING WALL RAIL REPLACEMENT CITY OF BUFFALO, ERIE COUNTY PIN 5512.46 Dear Mr. Pajak: We are transmitting for your information a copy of the June 2008 Final Design report for the subject project. We ask that you make this report available to the Common Councilmembers. The project proposes to replace the bridge railing on the concrete retaining walls adjacent to NY Route 33 Kensington Expressway, between NY 198 and the Elm - Oak Arterial in the City of Buffalo. The scope of the project also includes narrowing and resurfacing the City roadways adjacent to the expressway (Humboldt Parkway, Cherry Street and BFNC Drive,) and installing landscaping improvements between the curb line of these roadways and the expressway retaining walls. The expressway light standards, which are mounted to the sides of the retaining walls, will also be replaced under this project. In addition, discussions will continue with the City of Buffalo regarding possible lighting improvements on the City roadways adjacent to the expressway. Construction of this project is planned to begin in summer 2009. If you have any questions , please contact Craig S. Mozrall, Project Manager, at (716) 847 -3033. Sincerely, Darrell F. Kaminski, P.E. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW RECEIVED AND FILED NO 80 ABANDONMENT OF CITY -OWNED RIGHT -OF -WAYS ASSOCIATED WITH THE BUFFALO NIAGARA MEDICAL CAMPUS - NORTH END DEVELOPMENT I am writing on behalf of Kaleida Health ( "Kaleida "), Buffalo Niagara Medical Campus, Inc. ( "BNMC "), and Ciminelli Development Company, Inc. ( "Ciminelli Development ") to introduce the Buffalo Niagara Medical Campus - North End Development Project ( "Project ") and to request Abandonments of certain City -owned Right -of -Ways ( "ROWs ") and air rights within the Project area boundaries. The Project involves the construction of four facilities ( "Facilities ") to serve the needs of Kaleida's proposed expansion on the Buffalo Niagara Medical Campus ( "Campus "). The proposed Facilities include the following: 1. Global Vascular Institute (GVI) to be located at the corner of Ellicott and Goodrich Street; 2. Buffalo General Hospital Skilled Nursing Facility (Skilled Nursing Facility) to be located along Michigan Avenue between High Street And East North Street; 3. Ciminelli Development's Medical Office Building (MOB) to be located on the west side of Ellicott Street between Goodrich and High Street; and 4. BNMC's proposed parking facility. The proposed Facilities will total in excess of 1.2M sq. ft. of medical, educational, research or office facilities within the Campus. The Project will encompass and area from North Street to the north, Carlton Street to the south, Main Street to the west and Maple Street to the east ( "Project Area "). COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON LEGISLATION NO 81 STILLWATER HOLDINGS, LLC'S PATIO APPLICATION FOR A RESTRICTED USE PERMIT Please find enclosed an original and two copies of a Letter From the E.B. Green Society in Opposition to Stillwater Holdings, LLC's Patio Application for a Restricted Use Permit to be filed with Common Council for the above referenced matter. If you have any questions, please feel free to contact me. Thank you. Stillwater Restaurant Patio Proposal for Virginia Place, Buffalo, N.Y. Ladies and Gentlemen: The E. B. Green Society is dedicated to the study and preservation of buildings by E.B. Green and his associated firms. The near - seventy year span of Green's career produced buildings that clearly reflect Buffalo growth from a small outpost to an internationally recognized city of commerce and culture. Our city's fine architectural stock, executed by E.B. Green and other firms, holds not just the key to our past but will continue to play an increasingly important role in our future for the generations to come. As president of the E.B. Green Society, I am writing you to express our organization's concern regarding the Stillwater Restaurants proposal to construct an outdoor patio on Virginia Place. Over the years, the architecturally significant Midway townhouse development (1889- 1897), located within the nationally registered Historic Allentown District, has been substantially eroded. The architectural office of Green & Wicks was largely responsible for the conceptualization of the Midway as well as the design of four of the original thirteen townhouses. Over the past 35 years, three of the twelve remaining townhouse interiors have been significantly altered and rebuilt in a style that bears little resemblance to the development's period of significance. One of the townhouses is the T.R. Slicer Townhouse at #487 Delaware Ave., designed by Green & Wicks in 1892. it is a twin to the T. Guilford Smith Townhouse at #489 Delaware. They share a common porch and the facade of the two townhouses is designed to resemble one large house. Relying on information from Architect Catherine Faust, we understand that the Stillwater Restaurant has proposed a patio, at the rear of these structures that straddles the lot lines of the Smith - Slicer and Barrow Townhouses. This design is not in keeping with the period of significance as set forth in the Secretary of the Interior's Standards for Historic Rehabilitation. The limits of the patio do not reflect the historic lot lines, especially of the Smith Slicer double townhouse, and the boundaries of the patio are defined primarily by metal fencing and not brick garden walls as are substantiated by a 1927 aerial photograph of the area in question (It also appears that there is clear evidence of a masonry garden wall foundation at the north lot line of the Smith Townhouse.) The design team for the neighbors has proposed a much more sympathetic and historically correct conjoined pair of walled gardens designed in the style of Ellen Biddle Shipman, one of the most prominent landscape architects of this period who designed gardens for several of E.B. Green's clients in addition to "Grayclif ", Darwin D. Martin's summer home in Derby, N.Y. Walled gardens were extremely popular during this era and Mrs. Shipman designed and executed a garden for the Schoellkopf Family who lived in the Green & Wicks designed Glenny /Schoellkopf Townhouse at the end of the Midway. Mrs. Katharine Pratt Horton's garden, at #477 (originally The Birge Townhouse, again designed by Green & Wicks), was famously described in the Buffalo Courier in the early 20 century. RECEIVED AND FILED NO 82 CONTAINER SHIPPING TERMINAL REMAINS POSSIBILITY FOR TOLEDO 8/23 - Toledo - The possibility of a new cargo container - shipping facility located in the Port of Toledo came one step closer because of an agreement with Melford International Terminal, the Canadian company planning the Atlantic Gateway Initiative project in Nova Scotia. The Toledo -Lucas County Port Authority, UT and Midwest Terminals Inc. and Melford entered into the strategic collaboration agreement in support of the development of a marine container trans - shipment terminal in the Port of Toledo. The agreement does not guarantee Toledo will be the site of the container - shipping terminal on the Great Lakes, but the port remains in consideration for the facility as plans continue for Melford's international terminal on the Strait of Canso in Nova Scotia. "Toledo is one of several strategic ports for a container - shipping terminal and intermodal logistics park," said Melford CEO Bob Stevens. "We don't like to think of it as a competition, but an opportunity for several potential distribution sites on the Great Lakes and Toledo is certainly one of them." Other Great Lakes ports that could support such a container terminal include Buffalo, N.Y., Erie, Pa., Cleveland and Detroit, according to port authority officials. Toronto and Montreal are potential ports in Canada, according to Melford. Stevens said Toledo is strategic for a number of reasons that include its existing intermodal distribution network of seaport, air, rail and highway transportation, a manufacturing base and exporters looking to ship products overseas. "You should have your own market for such a facility," Stevens said about Toledo. "The Port of Toledo has the largest land mass and is the only port on the lower Great Lakes that could handle the additional container shipping terminal," said Paul Toth, interim president of the port authority. The port authority owns 230 acres of waterfront land comprised of the former Chevron and Toledo Coke properties. It's currently taking bids for the road, water and sewer infrastructure needed for development, Toth said. "The port has been involved in intermodal transportation moving goods from one form to another for nearly 100 years," he said. "Toledo is the crossroads of the Great Lakes, and the port authority has worked hard to make the Port of Toledo a world -class port and to develop this relationship with Melford," said U.S. Rep. Marcy Kaptur, who made the initial contact with Melford executives in Washington, D.C. Kaptur said the project could bring hundreds of jobs needed to move products from one form of transportation to another through an intermodal terminal in the port. "It could make our port more successful and allow us to have one of the most modern shipping facilities in the country," she said. "This is an exciting project that is a great opportunity for Toledo," said Paul Martin, Melford president. "It's time for Toledo to take advantage of its strategic location for the intermodal distribution of goods." Melford is planning a deep -water container shipping terminal and logistics park on the Strait of Canso that leads into the St. Lawrence Seaway from the Atlantic Ocean. The strait contains a 150 - foot -deep shipping channel to accommodate the larger cargo vessels now carrying goods from Asia to North America. The $400 million privately funded investment in the deep -water port is supported by the increasing number of containers being shipped to East Coast ports that are saturated beyond capacity, Martin said. The project will be located on 315 acres of a 14,000 -acre industrial reserve owned by the government of Nova Scotia. Melford already owns the 315 -acre site and plans to purchase an additional 1,800 acres later this year. Stevens said Melford expects to begin construction in the spring of 2009 and open the terminal in the first or second quarter of 2011. It wants to have Great Lakes ports ready to receive container shipments at that time, he said. From the Toledo Free Press RECEIVED AND FILED NO 83 DOT -40 MPH FROM BFLO - LACKAWANNA BOUNDRY TO UNION SHIP CANAL - FUHRMANN BLVD THE DEPARTMENT OF TRANSPORTATION HAS FILED AN ORDER WITH THE SECRETARY OF STATE WHEREBY: SECTION: 1014.01 SUBDIVISION:1 PARAGRAPH: OF THE DEPARTMENTS REGULATIONS IS [X] ADDED 40 mph on Route 5 (SH 58 -14) from the Buffalo /Lackawanna City Boundary to the Union Ship Canal on Fuhrmann Blvd. distance of 0.3 +1- miles in the City of Buffalo. The above order will be effective upon THE Installation, modification or removal of the necessary traffic control device (s) required by and conforming to the State Manual of Uniform Traffic Control Devices 7/242008 APPROVED BY: Thomas S. Messana Regional Traffic Engineer DESCRIPTION: This lowers the speed limit along Rt 5 for temporary detour for D260558 RECEIVED AND FILED PETITIONS NO 84 J. BATTAGLIA, AGENT, USE 266 HOPKINS ST TO EXPAND AN EXISTING RECYCLING CTR ( HRG 9/9/08 )(SOUTH) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO 85 M. WESOLOWSKI, AGENT, USE 294 MONROE FOR A HSF. ( NO PUB HRG )(ELL) PER THE PERMIT OFFICE THIS ITEM IS INFORMATIONAL ONLY REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO 86 M. HORTON, AGENT, USE 2227 SOUTH PARK FOR A GROUND SIGN ( NO PUB HRG )(SOUTH) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO 87 KEN -SUFF MINI MART 1199 KENSINGTON AVENUE Please find enclosed signed petitions from the neighbors and community in regards to the Ken- SuffMat located at the above address. The petitions represent the community concern in regards to the opening of the store. It is my understanding that we are not allowed to store due to the numbers of stores in the neighborhood. Please be advised the neighbors in the community have no objections to the reopening of the store due to the fact that the store would be useful to the Kensington Suffolk area and the surrounding street nearby. For it has been several years since the store was open and we would like to reopen the store under new management to service the community. Would you kindly take into consideration the petitions of the concerned citizen of the Kensington Suffolk community and allow us to reopen the store. RECEIVED AND FILED NO 88 LETTER AND PETITION RE: CAZENOVIA POOL IMPROVEMENTS I would like to file the attached information for the next Common Council meeting to be held on September 2,2D08. Mr. Michael Kearns, As per our phone conversation of 8/26/08 the following is a list of complaints and concerns the seniors have about the Cazenovia Pool. 1. Mold in the showers -not only on walls but spreading to the ceiling. 2. Dirty bathrooms stalls - soiled toilet paper on floors. On the day we spoke there was a whole roll of toilet paper in the toilet bowl of the handicap stall. 3. The paper towel dispenser has a big crack in it & very often there are no towels in it. 4. A faucet in one of the sinks runs constantly unless it is turned in a certain position (probably needs a washer) 5. Several shower stalls have the bar missing and there is nowhere to hang a towel for privacy. Forget about shower curtains - those have been gone for years. 6. In the room with shelves on 8/26/08 there was a pile of sweepings in the middle of the floor. There were 2 brooms there at the time and a hose on the floor. I took a broom and swept the dirt into a corner (no dust pan). The next day 8/27/08 it was still there. There's a room full of all kinds of jugs of cleaning supplies but no one does anything with it OR very seldom. Tell an adult about a mess -we are told the kids are supposed to do it. Ask the guards — we've been told the night crew is supposed to clean up. Everyone says someone else is supposed to do it — But no one does. Mayor Brown's Summer Youth kids come in sleepy -eyed, sit around eating and talking. I don't see any cleaning, sweeping, mopping. There is no supervision — no one telling these kids what needs to be done. All we are asking for is a cleaner, safer, healthier environment. I don't think we are asking too much. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND PUBLIC WORKS NO 89 REQUEST FOR CHANGES IN TRAFFIC CONTROLS ON HUDSON STREET /OR PLYMOUTH Please file the attached item for further discussion at the next Common Council session to be held Tuesday, September 2, 2008. Thank you in advance for your assistance with this matter. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON LEGISLATION AND DEPARTMENT OF PUBLIC WORKS REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 90 APPT DIRECTOR OF STREET SANITATION (PROV)(FLAT)(SULLIVAN)(PW) (CCP# 40, 07/22) That the above item be the same and hereby is Received and Filed ADOPTED NO. 91 APPTS SUPERVISOR OF ST SANITATION I(PERM)(MAX) (CCP# 41, 07/22) That Communication 41 of July 22, 2008 be received and Filed and that the Permanent appointment of Ronald Miller, 308 Fayette Avenue, Buffalo, Kenmore NY 14223 and Michael Krupp, 253 Boil St, Sloan, NY 14047 and Anthony Serio, 71 Spruce Road, Amherst, NY 14226 above at the Maximum Salary of $34,311.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 92 APPTS SUPERVISOR OF ST SANITATION I(PERM)(INTER) (CCP# 42, 07/22) That Communication 42 of July 22, 2008 be received —d Filed —d that the Permanent appointment of Michael Dziamski, 1041 Backus Road, Derby NY 14047 and James Juliano, 145 Potters Road, Buffalo, NY 14220, above at the Third Step of $32,191.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 93 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM (CCP# 70, 07/22) That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (MICHAEL P, KEARNS, CHAIRMAN) NO. 94 ABATEMENT OF UNCOLLECTIBLE ACCOUNTS RECEIVABLE INVOICES (ITEM NO. 14, C.C.P., JULY 22, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: Mr. Kearns moved that the above item be recommitted to the Committee on Finance ADOPTED NO. 95 B. DAVIS- BUDGET FOR FY 2008 -09 BFLO CIVIC AUTO RAMPS (CCP# 74, 07/22) That the above item be the same and hereby is Received and Filed ADOPTED NO. 96 EC 2008 ANNUAL REPORT REAL PROPERTY TAX SERVICES (CCP# 77, 07/22) That the above item be the same and hereby is Received and Filed ADOPTED NO. 97 ST. MARTIN VILLAGE PILOT - 564 DODGE STREET (ITEM NO. 11, C.C.P., JULY 8, 2008) That the Common Council approves a PILOT agreement between the City of Buffalo, the County of Erie and Community Action Organization of Erie County, Inc. for the St. Martin Village located at 564 Dodge Street. Mr. Fontana made a motion for Mr. Davis to Abstain from vote, seconded by Mr. Kearns PASSED AYES - 8 NOES — 0 NO. 98 J. PAJAK -2 " D REQUEST VARIOUS DEPTS RESPONSES TO COUNCIL COMM (CCP# 61, 04/15) That the above item be the same and hereby is Received and Filed ADOPTED NO. 99 J. PAJAK -2" "REQUEST DEPTS RESPONSES TO COUNCIL COMM (CCP# 44, 04/15) That the above item be the same and hereby is Received and Filed ADOPTED NO. 100 REQUEST LEASE AGREE BETWEEN THE COB & COMM ACTION ORGANIZATION OFEC, INC FOR USE OF 326 -328 HIGH ST (ELL)(STRAT PLAN) (CCP# 13,01/22) That the above item be the same and hereby is Received and Filed ADOPTED NO. 101 TRANSFER OF 1177 E. LOVEJOY (EXCEPT LAST RES) (CCP# 89, 02/26) That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (MICHAEL J. LOCURTO, CHAIRMAN) NO. 102 PERMISSION TO DESIGNATE REDEVELOPER SOUTHWEST KEY PROGRAMS, INC. - 1086 BROADWAY (ITEM NO. 4, C.C.P., JULY 22, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved that the above item be recommitted to the Committee on Community Development ADOPTED NO. 103 RESULTS OF NEGOTIATIONS- 296 CHELSEA (ITEM NO. 5, C.C.P., JULY 22, 2008) That the offer from Mr. Donnell Manuel and Mrs. Sandra Manuel, residing at 298 Chelsea, in the sum of two thousand dollars ($2,000.00) for the purchase of 296 Chelsea, 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 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. PASSED AYES -9 NOES -0 NO. 104 RESULTS OF NEGOTIATIONS - 24 LAWRENCE (ITEM NO. 8, C.C.P., JULY 22, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the offer from Mr. Carl Beach, residing at 26 Lawrence Place, in the sum of three thousand dollars ($3,000.00) for the purchase of 24 Lawrence Place, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO. 105 SEQR LEAD AGENCY DESIGN ROCK HARBOR COMMONS (STRAT PLAN) ( #10, 7/22) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 106 S. DOLESKI - NYSDEC -REHAB 2665 -2671 MAIN ST, ( #76, 7/22) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 107 R. FONTANA- CITY OWNED HOUSES FOR HABITAT ( #78, 7/22) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 108 M. KEARNS- NATIONWIDE INC IN THE USE OF MASS TRANSIT & PUBLIC TRANSP. ( #80,7/22) That the above item be the same and hereby is referred to the Special Committee on Transportation ADOPTED NO. 109 M. LOCURTO -E. WALKER -COB 2009 RESTORE NEW YORK APPLICATION ( #82, 7/22) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 110 GRANT FERRY ASSOCIATION -G. KINSLEY & O -LOT AT 366 W. FERRY (NIA)( #70, 6/24) ( #96, 7/8) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 111 C. GALASSO -E. BOCHSTAHLER- PURCHASE OF 366 W. FERRY (NIA) ( #55, 6/24) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 112 CREATE A COMMUNITY GARDEN TASK FORCE (EXCEPT 1 sT, 2ND &3RD RES) ( #137, 6/24) That the above item be the same and hereby is Received and Filed. ADOPTED LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRMAN) NO. 113 LODGING HOUSE LICENSE - 1900 BAILEY AVENUE (ITEM NO. 52, C.C.P., JULY 22, 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 re, committed to the Committee on Legislation ADOPTED NO. 114 SECONDHAND DEALER - 2636 DELAWARE AVENUE (ITEM NO. 55, C.C.P., JULY 22, 2008) That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspections Services be, and he hereby is authorized to grant a Second Hand Dealer license to Roger Dunlap d /b /a Hollywood Video /Game Crazy located at 2636 Delaware Avenue. PASSED AYES -9 NOES -0 NO. 115 SIDEWALK CAFE LICENSE - 1122 HERTEL AVENUE (ITEM NO. 57, C.C.P., JULY 22, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to issue a "mere license" to John Bolla, J. Shepard Inc., applicant, located at 1122 Hertel (The Spot on Hertel), to install a similar 10' 4" x 28'x 6" sidewalk cafe, which would encroach city right -of -way at said address, subject to the conditions as, requested by the Commissioner. PASSED AYES -9 NOES -0 NO. 116 USED CAR DEALER LICENSE - 1525 WILLIAM STREET (ITEM NO. 58, C.C.P., JULY 22, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services Permit be, and he hereby is authorized to grant a Used Car Dealer License to Troy Wilson d /b /a Special Auto Sales located at 1525 William Street on the condition that the property be used as a car lot and a car wash only. PASSED AYES -9 NOES -0 NO. 117 FOOD STORE LICENSE - 2534 BAILEY (ITEM NO. 26, C.C.P., JULY 8, 2008) (ITEM NO. 108, C.C.P., JULY 22, 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 Muawwad Mohamed located at 2534 Bailey Avenue (Bailey & Kermit Market). PASSED AYES -9 NOES -0 NO. 118 B. DAVIS -A RANDACCIO -NFTA ENCROACHMENT REQUEST FOR ELLICOTT ST (# 102,7/8)( #52,6/24) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 119 J. BOOTH & O- COMPLAINTS ROOMING HOUSE -83 PROSPECT AVE (ELL) ( #69, 6/24) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 120 A RANDACCIO -NFTA REQ ENCROACH OF ROW ON ELL ST BTWN N DIV & EAGLE ST (#46,6/10) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 121 TRAILBLAZING SIGN IN HONOR OF DR. ROBERT W. BAINES (ITEM NO. 118, C.C.P., JUNE 10, 2008) That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to install trailblazing signs beneath the existing street signs on the corner of East Ferry at Jefferson, East Ferry at Waverly, as well as the comer of East Ferry and Main Streets proclaiming that portion as "Dr. Robert E. Baines Way." PASSED AYES -9 NOES -0 NO. 122 TAXI STANDS AT 181 ELLICOTT (ITEM NO. 49, C.C.P., MAY 13, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the above - mentioned item be and the same is hereby received and filed. ADOPTED NO. 123 VERIZON FIOS FRANCHISES IN THE CITY OF BUFFALO (ITEM NO. 59, C.C.P., JUNE 24, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the above - mentioned item be and the same is hereby received and filed. ADOPTED NO. 124 ELMWOOD VILLAGE - INFO - RE THEIR DESIGN STANDARDS IN THE CHARTER (ITEM NO. 51, C.C.P., APR. 1, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the above - mentioned item be and the same is hereby recommitted. ADOPTED. NO. 125 FOOD STORE LICENSE- 1624 WILLIAM (ITEM NO. 35, C.C.P., APR. 29, 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. 126 HOMEOWNER AND BANK PROTECTION ACT (ITEM NO. 76, C.C.P., NOV. 13, 2007) That the Buffalo Common Council call upon the Congress to take emergency action to protect homeowners and banks by enacting a Homeowners and Banks Protection Act specifically to: Establish a Federal agency to place Federal and State chartered banks under protection, freezing all existing home mortgages for a period of time, adjusting mortgage values to fair prices, restructuring existing mortgages at appropriate interest rates and writing of off speculative debt obligations of mortgage- backed securities, financial derivatives and other forms of financial pyramid schemes that have brought the banking system to the point of bankruptcy; Declare a moratorium on all home foreclosures for the duration of the transitional period, allowing families to retain their homes. Monthly payments, the equivalent of rental payments ", shall be made to designated banks, which can use the funds as collateral for normal lending practices, thus recapitalizing the banking system. These affordable monthly payments will be factored into new mortgages, reflecting the orderly deflating of the housing bubble, the establishment of appropriate property valuations and reduced fixed mortgage interest rates. While this may take several years to achieve, in the Federal and State chartered banks shall be protected so that they can resume their traditional functions, serving local communities and facilitating credit for investment in productive entities; and Authorize Governors of several states to assume the administrative responsibilities for implementing the program, including the 'rental' assessments to designated banks, with the Federal government providing the necessary credits and guarantees to assure the successful transition; and be it further resolved; That certified copies of this resolution be delivered to George W. Bush, President of the United States and to each member of the New York State congressional delegation for immediate action. PASSED AYES -9 NOES -0 NO. 127 ESTABLISHMENT OF ELMWOOD AVENUE DESIGN GUIDELINES (ITEM NO. 101, C.C.P., MAY 29, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the above - mentioned item be and the same is hereby recommitted. ADOPTED RESOLUTIONS NO. 128 RE: PERMISSION TO HANG FLAGS AROUND ERIE COMMUNITY COLLEGE CITY CAMPUS Erie Community College is requesting permission to hang flags from light posts around the City Campus, to celebrate the inauguration of Jack Quinn, as the 10 President of the College; and A total of 17 flags are being requested that will hang from the middle of August until the end of October; and The flags will be installed around Erie Community College's three downtown buildings; the main City Campus, 45 Oak Street, and around the Burt Flickinger Athletic Center at 21 Oak Street; and The City of Buffalo supports the request of Erie Community College in their efforts to promote the school and beautify the neighborhood; Now, Therefore, Be It Resolved: That the City of Buffalo hereby permits Erie Community College to hang flags from light posts around the College campus as outlined on the attached correspondence from the Department of Public Works, Parks and Streets; and Now, Therefore, Be It Further Resolved: That all flags be hung in accordance with all conditions, restrictions, and requirements as set forth by the City of Buffalo and the Department of Public Works, Parks and Streets. ADOPTED NO. 129 BY: MESSRS. FONTANA AND KEARNS CITY OF BUFFALO LOCAL LAW NO. (2008) INTRODUCTORY NO. 6 (2008) A LOCAL LAW AMENDING THE CHARTER OF THE CITY OF BUFFALO IN RELATION TO AREAS OF SPECIAL FLOOD HAZARD WITHIN THE JURISDICTION OF THE CITY OF BUFFALO, ERIE COUNTY. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1: That Article 31 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows: § 31 -3. General Provisions. 3.1 Lands to which this Local Law Applies This local law shall apply to all areas of special flood hazard within the jurisdiction of the City of Buffalo, Erie County. 3.2 Basis for Establishing the Areas of Special Flood Hazard The areas of special flood hazard for the City of Buffalo, Community Number 360230, are identified and defined on the following documents prepared by the Federal Emergency Management Agency: Flood Insurance Rate Map (multiple panels) [Index No. 360230 0001 - 00020] 0010 and 0020, whose effective date is August 23, 1999[.], A scientific and engineering report entitled "Flood Insurance Study, City of Buffalo, New York, Erie County[,]" dated August 23, 1999[. The above documents are hereby adopted and declared to be a part of this Local Law. The Flood Insurance Study and /or maps are on file at: The Department of Public Works, Parks and Streets, Division of Engineering, 65 Niagara Square, Room 605, Buffalo, New York.] containing information pertaining to the panels identified above, Flood Insurance Rate Map Panels for Erie County, Numbers: 36029CO326G, 36029CO327G, 36029CO331 G, 36029CO333G, whose effective date is September 26, 2008, and any subsequent revisions to these map panels that do not affect areas under our community's jurisdiction, and A scientific and engineering report entitled "Flood Insurance Study, Erie County, New York, All Jurisdictions" dated September 26, 2008. The above documents are hereby adopted and declared to be a part of this Local Law. The Flood Insurance Study and /or maps are on file at: The Department of Public Works, Parks and Streets, Division of Engineering, 65 Niagara Square, Room 605, Buffalo, New York. 3.31nterpretation and Conflict with Other Laws This Local Law includes all revisions to the National Flood Insurance Program through [November 1, 1989]October 27 1997 and shall supersede all previous laws adopted for the purpose of flood damage prevention. In their interpretation and application, the provisions of this local law shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and welfare. Whenever the requirements of this local law are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive, or that imposing the higher standards, shall govern. The invalidity of any section or provision of this local law shall not invalidate any other section or provision thereof. Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions of this local law shall be controlling. Section 3: This local law shall take effect immediately. IT IS HEREBY CERTIFIED, pursuant to Section 3 -17 of the Charter of the City of Buffalo, that the immediate passage of this Law is necessary Byron W Brown Mayor APPROVED AS TO FORM ONLY NOTE: Matter underlined is new, matter in brackets is to be deleted. PASSED AYES -9 NOES -0 NO. 130 BY: MR. KEARNS RE: GRANT PERMISSION TO SORRENTO LACTALIS COMMERCIAL, INC. TO HANG BANNER ON SOUTH PARK AVENUE Whereas: Sorrento Lactalis Commercial, Inc., 2376 South Park Avenue, requests permission to hang a banner across South Park Avenue during Breast Cancer Awareness Month; and Whereas: October is Breast Cancer Awareness Month, the banner will hang from October 1, 2008 to October 31, 2008; and Whereas: Sorrento Lactalis Commercial, Inc. is again donating $50,000 this year to the WNY chapter of Gilda's Club and the banner will promote Sorrento's on -going sponsor relationship with Gilda's Club WNY; and Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo grants permission to Sorrento Lactalis Commercial, Inc. to hang an informational banner across South Park Avenue to promote Gilda's Club WNY and October as Breast Cancer Awareness Month; and Be It Further Resolved: That the banner will hang across South Park Avenue, from corporate headquarters at 2236 South Park Avenue to the Sorrento plant at 2375 South Park Avenue, from October 1, 2008 to October 31, 2008; and Be It Finally Resolved: That said banner must meet all requirements of pertinent city departments and that no existing laws are violated. ADOPTED NO. 131 BY: MR. KEARNS RE: MERCY HOSPITAL /CATHOLIC HEALTH SYSTEMS HELIPAD APPLICATION REFERRAL WHEREAS: The Common Council of the City of Buffalo received an application from Mercy Hospital /Catholic Health Systems dated April 10, 2008 and designated as Item No. 62, C.C.P. 04/15/08 for establishment ofa helipad at the Hospital located at 565 Abbott Road; WHEREAS: The Common Council has received the Applicant's First Supplement to the application dated June 10, 2008 and designated as Item No. 62, C.C.P. 06/24/08, which completed said application pursuant to City Charter and Code §63- 3(B)(1 -9); WHEREAS: The Common Council has declared its intent to act as Lead Agency pursuant to its adoption of Item No. 126, C.C.P. 06/24/08 and has received responses from all of the Involved and Interested Agencies, evidencing no objection thereto; WHEREAS: The completed application has been forwarded to the New York State Department of Transportation for its determination of its compliance with Department of Transportation standards pursuant to General Business Law §249; WHEREAS: Buffalo City Charter and Code §63 -3(C) requires the Council to also forward the completed application to the Commissioner of Police, Commissioner of Fire, Commissioner of Public Works and Director of Licenses for their review and determination whether the establishment or improvement of the privately owned helipad complies with applicable codes, ordinances and public safety requirements; NOW, THEREFORE, BE IT RESOLVED: That the Common Council hereby formally directs Council Staff to forward the application materials referenced herein, together with copies of this Resolution to the New York State Department of Transportation, the Commissioner of Police, Commissioner of Fire, Commissioner of Public Works and Director of Licenses for a determination of whether the proposed helipad complies with all applicable codes, ordinances and public safety requirements. ADOPTED NO. 132 SPONSOR: MICHAEL J. LOCURTO PERMISSION TO HANG "WHEELS AROUND THE PARK" BANNER. Whereas: The Down Syndrome Parents Group of Western New York is celebrating its "Wheels Around The Park" event; and Whereas Representatives from the Down Syndrome Parents Group of Western New York have requested permission to utilize two light poles to hang the banner across Parkside Avenue in front of the Parkside Lodge, located at 84 Parkside Avenue, from Thursday September 18, 2008 through Tuesday October 7, 2008 in celebration of this event; and Whereas The Down Syndrome Parents Group of Western New York representatives are familiar with the banner requirements and will purchase the necessary bond before the banner is installed; Now Therefore Be It Resolved: That the Common Council does hereby grant permission to the Down Syndrome Parents Group of Western New York to hang a banner celebrating their "Wheels Around The Park" on Parkside Avenue in front of Parkside Lodge, located at 84 Parkside Avenue, from Thursday September 18, 2008 through Tuesday October 7, 2008 providing the banner meets the requirements of all pertinent City Departments and ensures that no existing laws or ordinances are violated. ADOPTED NO. 133 BY: MS. RUSSELL BUDGET AND PERSONNEL AMENDMENT 32 - PUBLIC WORKS - BUILDINGS 1095 - PLANNING & DESIGN OF BUILDINGS The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 32 - Public Works, Parks & Streets, 1095- Planning & Design of Buildings which currently reads: 1 Associate Engineer Mechanical $56,822 - $66,856 Is hereby amended to read: 1 Associate Architect $ 56,822 - $ 66,856 IT IS HEREBY CERTIFIED, that a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position STEVEN J. STEPNIAK, COMMISSIONER OF PUBLIC WORKS, PARKS & STREETS AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. APPROVED AS TO FORM Corporation Counsel 07/08/2008 Revised Attachment SOA REFERRED TO THE COMMITTEE ON FINANCE NO. 134 BY MR. SMITH FELICITATIONS /IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Buffalo Coral Society By Councilmember Mr. Brian Davis In Memoriam for Nancylia Salter By Councilmember All Councilmembers ADOPTED NO. 135 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31,2008, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo Deborah A. Buyers • James P. Dunham • Chiquita A. Foster • ThomasA. McCarthy • Natalie A. Perez • David Rambino • Mark A. Smalls, Jr. • Patricia Rofot • Ryan Markajani TOTAL 9 ADOPTED NO. 136 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONER OF DEEDS That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2008, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Gregory Amershadian Total: 1 ADOPTED what we are made aware NO. 138 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mr. Golombek the Council adjourned at 3:17 pm GERALD CHWALINSKI CITY CLERK NO. 137 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, September 9, 2008 at 9:45 o'clock A.M. Committee on Finance Tuesday, September 9, 2008 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, September 9, 2008 at 1:00 o'clock P.M. Committee on Legislation Tuesday, September 9, 2008 at 2:00 o'clock P.M. (Public Disclaimer): All meetings are suNect 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. 138 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mr. Golombek the Council adjourned at 3:17 pm GERALD CHWALINSKI CITY CLERK