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Home My WebLink About10-1019 (2)NO. 19 PROCEEDINGS OF THE CITY OF BUFFALO OCTOBER 19, 2010 MAYOR Hon. Byron W. Brown COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL FILLMORE DISTRICT DAVID A. FRANCZYK PRESIDENT PRO TEMPORE NIAGARA DISTRICT DAVID A. RIVERA MAJORITY LEADER LOVEJOY DISTRICT RICHARD A. FONTANA DISTRICT COUNCIL MEMBERS CURTIS HAYES JR - ELLICOTT DEMONE A. SMITH — MASTEN MICHAEL J. LO CURTO — DELAWARE JOSEPH GOLOMBEK JR. — NORTH DAVID A. RIVERA- NIAGARA BONNIE C. RUSSELL - UNIVERSITY N *Cluj Ir e V Z K S] k� i h� i 111 i 9 4 *1 CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Michael P. Kearns, Richard A. Fontana, Curtis Haynes Jr., David A. Rivera - Members CLAIMS COMMITTEE: David A. Rivera Chairman, Richard A. Fontana, Michael P. Kearns, 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, Curtis Haynes Jr., Michael J. LoCurto, David A. Rivera, Bonnie E. Russell - Members. LEGISLATION COMMITTEE: Joseph Golombek Jr., Chairman, Richard A. Fontana, Curtis Haynes Jr., Michael LoCurto, David Rivera - Members. RULES COMMITTEE: David A. Franczyk, Chairman, Richard A. Fontana, David A. Rivera - Members SPECIAL COMMITTEES Members BUDGET COMMITTEE: Richard A. Fontana, Chairman, Michael P. Kearns, Michael J. LoCurto, Bonnie E. Russell - EDUCATION COMMITTEE: Demone Smith, Chairman, Richard A. Fontana, Curtis Haynes Jr.- Members MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Richard A. Fontana, Joseph Golombek Jr., Curtis Haynes Jr. — Members PARKS OVERSIGHT: Demone A. Smith, Chairman, Richard A. Fontana, Curtis Haynes Jr., Michael P. Kearns, Michael J. LoCurto - Members POLICE OVERSIGHT: Richard A. Fontana, Chairman, Curtis Haynes Jr., Michael P. Kearns, David A. Rivera, Bonnie E. Russell. Demone Smith — Members Members PUBLIC TRANSPORTATION: Michael P. Kearns, Chairman, Richard A. Fontana, Michael J. LoCurto, David A. Rivera - WATERFRONT DEVELOPMENT COMMITTEE: Michael P. Kearns, Chairman, Joseph Golombek, Jr, Michael J. LoCurto, David A. Rivera, members INVOCATION PLEDGE TO FLAG DATE October 19. 2010 FINAL MAYOR 1. 2010 -2011 Annual Action Plan Amend. (yr 36 Comm Devel Block Grant) CD 2. Appts to Shared Asset Forfeiture Fund Advisory Committee LEG,COLL MAYOR - EXECUTIVE 3. Plan Bd -Neg Declaration -220 Katherine(Fill) R &F 4. Plan Bd -Neg Declaration -1700 Kenmore Ave(North) R &F 5. Plan Bd -Neg Declaration -1006 McKinley Pkwy(Lov) R &F 6. Plan Bd -Neg Declaration- 2080 -2094 Niagara St(North) R &F 7. Plan Bd -Site Plan App. -Bflo Niagara Med Campus -North End Development 134 High Street R &F 8. Strat Plan -Renew Lease Agmt Btwn COB and Harmac Med. Products Use of 2209 Bailev APP 9. Strat Plan- Report of Sale 127 Clare(Fill) APP 10. Strat Plan- Report of Sale 738 Humboldt Pkwy(Masten) CD 11. Strat Plan- Report of Sale 101 Krettner(EII) APP 12. Strat Plan- Report of Sale 255 Landon(Masten) CD 13. Strat Plan- Report of Sale 177 Leslie(Lov) APP 14. Strat Plan- Report of Sale 285 Loepere(Fill) CD 15. Strat Plan- Report of Sale 44 Mulberry(Ell) APP 16. Strat Plan -Appt Confidential Secretary to the Exec Dir(Prov)(Exempt)(Boulware- Wright) CS COMPTROLLER 17. Opening a Gift Shop and Tourist Information Center on 25 Floor FIN 18. Response - Healthcare Dependent Audits FIN PUBLIC WORKS 19. COB Snow Plan 2010 -2011 CD 20. Permission to Engage Services Consult. Eng for Large Mtr Replc Proi APP 21. Permission to Hire Consultant 2011 Dept of Homeland Sec Data Call FIN 22- 21A Permission to Hire Consultant -City Court Renovation Basement Area(Ell) APP 23- 22. Report of Bids Old First Ward Comm Ctr Gutter Reconstr(Fill) APP 24- 23. Request to Purchase Vehicle & Equipment APP W /COND 25- 24. Appt Assistant Administrator (Prov)(Max)(Winnert) CS POLICE 26- 25. Drug Asset Forfeiture Wire Transfers R &F CORPORATION COUNSEL 27- 26. Decisions Regarding Savarino v COB (2010 -3489) CD PERMITS AND INSPECTIONS 28- 27. Cease and Desist Operations at 537 East Delavan(Mas) R &F 29- 27A Food Store License (New) -212 Forest Ave (Nia) APP 30- 27B Food Store License(New) -684 LaSalle(Univ) LEG 31- 28. Appt Building Inspector (Tern p)(Max)(Sexton) CS COMMUNITY SERVICES 32- 29. COB Girls Circle Program -Grant Accept of Grant and Interfund Cash Loan APP HUMAN RESOURCES 33- 30. Itemized Breakdown of Costs for Administration of CS Exams - Police Officer & Detective Sergeant R &F ZONING BOARD OF APPEALS 34- 30A SEAR- Findings -Multi Modal Transportation Structure 134 High(Ell) R &F BURA 35- 31. Land Lease Btwn BURA and Graphic Controls, LLC- 450 Exchange /479 -481 Alabama CD CITY CLERK 36- 32. G. Chwalinski- Response to Tag Town Re Dog Licensing Services R &F 37- 33. Liquor License Applications R &F 38- 34. Leaves of Absence R &F 39- 35. Reports of Attendance R &F 40- 36. Notices of Appointment - Seasonal R &F 41- 37. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 42- 38. L.P. Ciminelli -Board Packet Documents - October 2010 ED 43- 39. T. Fridel- Concerns Pipeline Oil Leaks R &F 44- 40. J. Golombek -News Article- Lawmakers Try to Solve Big Screen Mystery BUDGET, PRIES BD 45- 41. M. Kearns - Invitation to Bflo Museum of Science Ex Director Mortenson to Attend Finance Meetina FIN 46- 42. M. Kearns -News Article Tale of Two Pities CD 47- 43. NYSDEC- Inactive Hazardous Waste Disposal Site Delist Notice - Anaconda Co CD 48- 44. M. Romanowski -Plan Bd Approval for Site Plan 134 High St R &F 49- 45. M. Romanowski- Zoning Bd Approval for Variance 134 High St R &F PETITIONS 50- 46. D. Land, Agent, Use 2616 Main - Convert Take -Out to a Sit -Down Bar /Restaurant(Del)(Pub Hrg 10/26) LEG, CPBD 51- 47. D. Lloyd, Owner, Use 23 Allen St for a Take -Out Rest.(EII)(pub hrg 10 /26)LEG,CPBD 52- 48. Hope Gardens, Use 58 Oberlin for a HSF(Fill)(no pub hrg) LEG,CPBD,ZONING RESOLUTIONS 83- 49. Fontana Waive Constr. Fees and Contractor Lic. Fees For Habitat for Humanity for 2010 -2011 APP 84- 49A Franczyk Excuse Councilmember Smith From October 19, 2010 Meetinq ADOPT 85- 50. Golombek Challenging the Fed Gov Approach to Failing Bflo Schools ADOPT RES'S REM TO ED 86- 51. Haynes Approval to Lease 450 Exchange /479 -481 Alabama- Graphic Controls(pub hrg 11/3) CD 87- 52. Haynes Set Public Hearing Land Lease Btwn BURA and Graphic Control 450 Exchange /479 -481 Alabama ADOPT 88- 52A Haynes Sale of Former School #36 APP 89- 53. Kearns Waive Constr, Contractor Lic Fees, and Disposal Fees at S. Ogden Transfer Sta. For Americorps and Caz Res. Ctr Operating as 49 Buffum, LLC. APP 90- 54. LoCurto Requesting That The Comptroller Audit BERC Programs ADOPT RES'S REM TO CD 91- 54A LoCurto Bflo Olmsted Parks Consery -Grant Application NYS Parks & Rec And Historic Preservation Rec Trails Program ADOPT 92- 55. Smith Felicitations in Memorium ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 53- 1. Com 9 Oct 5 Appt Exec Asst to Dir of Strat Plan (Exempt)(Boulware- Wright)(Strat Plan) R &F 54- 2. Com 12 Oct 5 Appts- Computer Programmer (3 Step)(Prov)(SanFilipo, Barker)(MIS) APP 55- 3. Com 35 Oct 5 Appt Superintendent Pkg Meters & Enforc(Prov)(Max)(Barone)(Pkg) APP FINANCE 56- 4. Com 3 Oct 5 Renew Lease Agmt Btwn COB & Bflo Society of Natural Sciences Use of 1020 Humboldt Pkwy(Masten)(Mayor) APP 57- 5. No 43 Oct 5 L. Goldberg- Request to Purchase Computer APP 58- 6. No 46 Oct 5 M. Kearns - Preliminary Assessment Notices R &F 59- 7. No 53 Oct 5 J. Witthohn- Interest in Dog Licensing & Dog Tag Program R &F 60- 8. Res 75 Oct 5 Transfer of Funds -HR APP 61- 9. Res 78 Oct 5 Budget & Personnel Amend ment- Parkina APP 62- 10. No 67 Oct 5 J. Makowski -Req Independent Audit Marine Dr Apartments(# 56,6/22) R &F COMMUNITY DEVELOPMENT 63- 11. Com 36 Sept 21 Year 36- Community Development Quarterly Reports(5 /1/10 to 7/31 /1 0)(Comm Serv) R &F LEGISLATION 64- 12. No 54 Oct 5 M. Judd, Agent, Use 220 Katherine - Alterations & Renov. Convert Bldg to Offices & Pkg Area(Fill)(Hrg 10/12) APP 65- 13. No 55 Oct 5 P. Tantillo, Owner, Use 1066 Elmwood - Convert Take -Out Rest & Apt to Sit -Down Rest. (North)(Hrg 10/12) APP W /COND 66- 14. No 56 Oct 5 R. Panaro, Agent, Use 1200 Hertel Ave - Center Space for a Sit Down Restaurant (Del)(pub hrg 10/19) APP 67- 15. No 50 Oct 5 R. Planter- Concerns Safety on Leland Ave(South) R &F 68- 16. No 56 July 20 J. Andolsek- Concerns - Parking Tickets R &F 69- 17. Res 99 July 20 Request to Amend Public Housing Law Section 404(exc res) ADOPT 70- 18. No 60 July 6 J. Voaruez & Others -Req NYS Liquor Auth to Revoke License Club Chit Chat -1048 Clinton St (Fill) R &F 71- 19. No 54 July 6 C. Lewis - Concerns Chit Chat Club R &F 72- 20. Res 94 June 22 Close Club Chit Chat(except resolves) R &F 73- 21. No 61 June 8 Erie County Dept Environ. & Planning -Flood Risk Map Update Briefinq R &F 74- 22. No 67 June 8 Lucky's Concerns -New Store Opening on Sycamore Street (Fill) R &F 75- 23. No 70 June 8 E. Triggs- Concerns 754 Sycamore St (Fill) R &F 76- 24. No 62 May 11 R. Davis -Req the COB to Donate Vacant Lot Btwn 207 Stanton and 181 Stanton R &F 77- 25. No 91 Sept 7 D. Jackson, Owner, Use 16 Rounds for a HSF (Univ)(no pub hrq) R &F 78- 26. No 85 July 6 Food Store License(New) -1350 Fillmore(Mas)(EDPI)( #47,6/8) DENY 79- 27. Res 96 Jan 19 Budget Amendments R &F 80- 28. Com 7 Sept 15 Business Improvement Exemption Ordinance(Asmt) R &F 81- 29. Res 128 Mar 17 Allow Btle Wtr as a Food Item Under WIC to Combat Lead Poison ing(except 2 nd res)_ ADOPT 82- 30. No 76 Oct 2 K. Robinson -Use 100 High St. Place a Helipad on an Existing Hospital(EII)(hrg to be announced) R &F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, OCTOBER 19, 2010 AT 2:00 P.M. Present - David A. Franczyk, President of the Council, and Councilmembers: Fontana, Golombek Jr, Haynes Jr, Kearns, LoCurto, Rivera, Russell -8 Absent - Smith 1 On a motion by Mr. Fontana, Seconded by Mr. Rivera, the minutes of the stated meeting held on September 21, 2010 were approved. FROM THE MAYOR NO. 1 2010 -2011 ANNUAL ACTION PLAN AMENDMENT (YEAR 36 COMMUNITY DEVELOPMENT BLOCK GRANT) Attached for Your Honorable Body's consideration and approval, please find an amendment to the City of Buffalo's 2010 -2011 Annual Action Plan in accordance with an increased allocation of funds set forth by the U.S. Department of Housing & Urban Development. Following Common Council approval of the 2010 -2011 Action Plan on , the U.S. Department of Housing and Urban Development awarded to the City of Buffalo $1,317,551 in additional funding for the Community Development Block Grant Program (CDBG) and $43,367 more in funding for Housing Opportunities for Persons with Aids (HOPWA). The City proposes to allocate these new funds as follows: CDBG Proaram Public Improvements - new activity for improvements to streets, sidewalks and Public Facilities in low- moderate income neighborhoods throughout the City of Buffalo Demolitions Citywide - increase Pursuant to HUD requirements, the City's 2010 -2011 Annual Action Plan Amendments is designed to carry out the objectives approved in the city's 2008 -2012 Consolidated Plan. Following Common Council approval of the plan, the City will hold a public hearing followed by a 30 -day public comment period. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 2 APPOINTMENTS TO SHARED ASSET FORFEITURE FUND ADVISORY COMMITTEE Pursuant to §16 -25 of the Code of the City of Buffalo, I hereby appoint Janet Penksa and Donna Estrich to the Shared Asset Forfeiture Fund Advisory Committee. Ms. Estrich's appointment will be for a three -year term, and Ms. Penksa's will be for a two year term in accordance with the aforementioned section. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DEPARTMENT OF COLLECTIONS FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD NO. 3 SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Bidco Marine Group Type of Action: Unlisted- Uncoordinated Description: Bidco marine Group is proposing the rehabilitation of an existing building and surrounding property located at 220 Katherine Street, Buffalo New York. The project consists of the rehabilitation of an existing 3000s.f. building that will be housing the administration offices of Bidco Inc. The project wilt also include the improvement of the surrounding site to allow safe access to their Buffalo River boat docks /slip frontage and dock wall. A proposed new vehicle access road will be built to gain ingress /egress to the site. This proposed project is located next to the New York State Power Authorities ice boom storage and Marine vessel storage facility. A new earthen berm with plantings will act as a visual impairment to the site's interior as well as provide a safe divisional barrier between Bidco Inc. and the existing CSX tracks. The project will be privately funded in the amount of 350,000 dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will take a neglected vacant parcel that is not maintained, bringing in a new corporate office and marine use to an area that has been under utilized for many years as well as moving a business located in suburban Grand island to the City of Buffalo. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 Dated: October 12 2010 RECEIVED AND FILED NO.4 SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Family Dollar Store Location 1700 Kenmore Ave Type of Action: Unlisted- Uncoordinated Description: Ellicott Development Company is proposing the construction of a Family dollar store on the property located at 1700 Kenmore Avenue, Buffalo New York. The project consists of the construction of a 9100 square foot building with thirty one parking spaces including three handicap spaces. A dumpster enclosure as well as new landscaping will be installed. Building material will include a EFIS canopy, flood pack lighting, Architectural split faced block, painted smooth accent block and on the east elevation the lower windows glazing will be opaque and the upper will glazing will be clear. A seventeen foot pole sign is proposed on the site. The project will be privately funded in the amount of 100,000 dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will take a neglected vacant lot that is not maintained, bringing in a new retail store that will provide neighborhood residents end visitors to the area a convenient place to make purchases. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 RECEIVED AND FILED NO. 6 SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Delta Sonic Improvements Location 1006 Mckinley Parkway Type of Action: Unlisted- Uncoordinated Description: Delta Sonic Car Wash Systems Inc. is proposing the rehabilitation of portions of the oar wash and fuel area located at 1006 McKinley Parkway, Buffalo New York. The proposed project consists of the construction of a state of the art gasoline dispensing facility using updated technology and leak prevention and detection. The plan includes the removing of the existing underground fuel tanks and installing two double wall fiberglass fuel tanks with interstitial brine monitoring; total capacity of the fuel tanks is 32,000 gallons, the same capacity as the existing tanks. Also proposed is to replace the existing canopy with a new 3000 s.f. gas canopy with energy efficient lighting and a new overhead fire suppression system. Three new gas pumps will be installed allowing six fuel stations, new concrete end tank pads. New landscaping will be installed with new curbs and pavement. The existing building will be repaired, that includes new car wash mechanicals. New fencing will be installed along the neighboring property line and a new smaller ground sign will be placed at the corner of the property. The project will be funded privately. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will allow Delta Sonic Car Wash Systems to remain profitable at this location, as well as providing a better facility for their customers. The new landscaping will add to the surrounding community's aesthetics. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Brunswig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 RECEIVED AND FILED NO. 6 SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Wilson farms Fuel Station Location 2080 -2094 Niagara St Type of Action: Unlisted- Uncoordinated Description: TRM Architects on behalf of Wilson Farms Convenience Stores is proposing the construction of a fuel station on the property located at 2080 -2994 Niagara Street, Buffalo New York. The zoning classification for this property is CM, a zone that would allow this use. The fuel Station will include a 615 square foot kiosk, a fuel canopy with four fuel dispensers and over 20 percent of the lot will be landscaped. The proposed facade will include a brick finish with stucco and cultured stone at the entry. The entry canopy will include a Wilson Farms" sign made of individually backlit letters. The site is currently a vacant lot. A Coastal Review Area approval is required from the Common Council before the project can begin. The project will be funded privately in the amount of 509,000 dollars. AS a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will take a vacant lot and develop it into a business that would provide employment to area residents and strengthen the Wilson farms Convenience Store business located across from the proposed project site. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo, New York 14202 - 716 851 -5085 RECEIVED AND FILED NO. 7 BUFFALO NIAGARA MEDICAL CAMPUS -NORTH END DEVELOPMENT -134 HIGH ST TO WHOM IT MAY CONCERN: I hereby certify that at a meeting of the City of Buffalo Planning Board held at its offices at 901 City Hall, 65 Niagara Square, Buffalo, New York, on the 14 day of September, 2010, a resolution was adopted of which the following is a true copy." Present: James A. Morrell - Chairman Frank A. Manuele Cynthia A. Schwartz Henry L. Bums Michael J. Lyons The following resolution was introduced: WHEREAS, on August 27, 2010, Kaleida Health and 134 High Street, LLC (collectively "Applicants "), pursuant to §511 -137 et. seq. of the Charter and Code of the City of Buffalo ( "Code "), submitted a Letter of Intent ( "LOI "), including Exhibits A -I, to the City of Buffalo Planning Board ( "Planning Board "), in furtherance of the Applicants' request for Site Plan approval for the proposed Multi -Modal Transportation Structure ( "MMTS ") project (hereinafter referred to as "Project ") located at the north -west comer of High Street and Michigan Avenue, Buffalo, New York ( "Project Site "); and, WHEREAS, the Applicants have provided information in the LOI supporting the request for Site Plan Approval for the MMTS; and WHEREAS, a public hearing was held on the matter on September 14, 2010 at 8:15 a.m. where the Applicants presented the final design details for the Project; and WHEREAS, the Planning Board has fully reviewed and discussed this matter; and WHEREAS, the Planning Board has, pursuant to Code §511 -137 et. seq. and New York General City Law §27 -a, received and reviewed the Application materials for the Project and after discussing this matter, has decided to approve the Site Plan as presented on September 14, 2010 with certain additional conditions; and WHEREAS, pursuant to the State Environmental Quality Review Act, Article 8 of New York Environmental Conservation Law and 6 NYCRR Part 617 ( "SEQRA "), a governmental agency is required, prior to taking action on an application, to undertake an environmental review of a project to assess whether the action has the potential to have significant adverse environmental impacts; the Project Sponsors have prepared a Draft Generic Environmental Impact Statement ( "DGEIS ") for the entire North End Development on the Buffalo Niagara Medical Campus; the City of Buffalo Planning Board ( "Planning Board ") as Lead Agency has reviewed the DGEIS and deemed it complete; pursuant to the process set forth in the DGEIS, the Applicants have prepared and submitted to the Planning Board as Exhibit 'T' - the aforementioned Letter of Intent, a Full Environmental Assessment Form ( "FEAF "), specifically for the MMTS to assist the Planning Board in reviewing the potential impacts of this request; the DGEIS included a specific analysis of the scale and location of the proposed MMTS and the impacts it might have on adjacent uses and found that the Project would mitigate the potential negative impacts upon traffic and parking conditions in the vicinity of the Project Site; and Whereas, the Planning Board has determined that the potential environmental impact of the Project has been minimized to the greatest extent practicable. NOW THEREFORE BE IT RESOLVED BY THE PLANNING BOARD, pursuant to City Code § 511 -137 et seq. and New York General City Law §27 -a, as follows: 1. The Applicants are seeking Site Plan approval for an approximately 1,800 space Multi -Modal Transportation Structure at the northwest corner of High Street and Michigan Avenue. The MMTS is 78' :k in height and a mix of concrete and glass features. 2. Also part of the Project will be traffic mitigation measures identified as part of the SEQRA review process for the Buffalo Niagara Medical Campus - North End Development. These include: Re- stripe Michigan Avenue near Cherry Street to create a dedicated left -turn lane and an exclusive thru -lane; Optimize signal splits and /or cycle lights at the following intersections: Virginia Street and Michigan Avenue; North Street and Michigan Avenue; Main Street and Goodell Street; Washington Street and Goodell Street; Goodell Street and Oak Street; Tupper Street and Ellicott Street; Michigan Avenue and Goodell Street; and Michigan Avenue and Carlton Street. 3. That the Planning Board has made the following determinations with respect to the Applicants' request for Site Plan Approval for the Project: That the Project will comply with the New York State Uniform Fire Prevention and Building Code; 449446 -1 That the potential negative environmental impacts of the Project have been avoided and mitigated to the greatest extent practicable pursuant to the SEQRA review process and recommendations associated therewith arising from the GEIS process for the Buffalo Niagara Medical Campus - North End Development; That the proposed design for the MMTS is consistent with surrounding institutional uses while minimizing its visual and aesthetic impacts upon nearby residential properties. Specific design elements were used on the proposed MMTS to minimize the visual mass of the structure, especially as it relates to the Fruit Belt neighborhood to the east. Public greenspace along High Street and Michigan Avenue was also incorporated to further soften the edge of the structure relative to High Street and Michigan Avenue; The design of entrances and traffic circulation surrounding the MMTS, along with the traffic mitigation measures described above, minimize the potential adverse impacts to traffic flows in the vicinity of the Project Site; The Project as proposed includes areas to accommodate users of the Niagara Frontier Transportation Authority system and the Buffalo Niagara Medical Campus shuttle. Further, the MMTS is set back off High Street mad stepped along Michigan Avenue to provide additional pedestrian - friendly areas and greenspace. The Applicants are also proposing to create a sculpture garden and provide surfaces for local artists to display their works. In addition, dedicated bicycle parking and locker areas are incorporated in the design of the MMTS to accommodate bicycle users on the Campus; The Project will adequately control stormwater runoff and the design has been accepted by the Buffalo Sewer Authority and will comply with all applicable standards; The Project will retain most of the existing vegetation and add additional greenspace along High Street, Michigan Avenue and the former Goodrich Street, which is not present currently; The MMTS was designed to provide fire lanes and emergency zones to assist first responders in accessing the structure if necessary. These designs have been reviewed by the City of Buffalo Fire Department and final engineering drawings will be subject to their review before construction; The structure is not anticipated to result in any ponding, flooding and /or erosion; and Lastly, the Project incorporates specific design considerations to address public concerns over the impact the structure would have on adjacent residential uses. In particular, the Applicants met with the Planning Board and the public prior to making the final design decision. The design which has been presented to the Planning Board is the design which reflects the comments of the Planning Board and the public. In addition, the MMTS will alleviate the significant parking impacts associated with the development of the Buffalo Niagara Medical Campus - North End Development. That for the foregoing reasons, the Planning Board approves the Site Plan as presented on September 14, 2010 with the following conditions: a. That the screening on the 1 st level of the Michigan Avenue elevation will be incorporated into the High Street and former Goodrich Street elevations; b. That the vegetation shown along the top of the structure on the Michigan Elevation in the drawings presented on September 14, 2010 be included in the final design; c. That the Applicants add additional, more substantial vegetation along Michigan Avenue to further buffer the mass of the structure as it relates to the Fruit Belt neighborhood; and d. That the Applicants prepare an updated site plan and elevation drawings incorporating these changes and present it to Planning Staff to ensure consistency with these determinations. 5. That the Planning Board recommends approval of the height variance necessary to facilitate the Project as proposed. 6. This resolution shall be effective immediately. PASSED AND ADOPTED by the City of Buffalo Planning Board on the 14 day of September, 2010. Upon roll call vote: 5 ayes' 0 no's RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 8 RENEW LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND HARMAC MEDICAL PRODUCTS, INC. FOR USE. OF 2209 BAILEY (10' STRIP OF LAND) (LOVEJOY DISTRICT) # 5 CCP 4/27/2004 Pursuant to Item No. 5, C.C.P. 4/27/04, Your Honorable Body authorized a three (3) year ease agreement between the City of Buffalo and Harmac Medical Products, Inc. The lease period was from June 1, 2004 and terminating May 31, 2009 The Office of Strategic Planning, Division of Real Estate, has received a request from Harmac Medical Products, Inc. requesting to renew their lease for an additional three (3) year period. The property at 2209 Bailey is a 10' strip of city owned land with a sewer drain running through the property. Harmac Medical Products is located adjacent to this strip of land and utilizes it for off - street parking purposes. The lease would commence retroactively on June 1, 2009 and expire on May 31,2012. Their annual rental was increased from $125.000 to $375.00 when the lease was renewed in 2004. Their request to renew this lease was forwarded to the Department of Public Works, Parks and Streets, and Audit and Control and There were no objections All terms and conditions of said lease agreement shall remain the same included but not limited to the following: 1. The annual rent shall be $375.00. 2. No building of a permanent nature shall be constructed on said premises. 3. Plans for any building of a temporary nature must be submitted to the Buffalo Sewer Authority and its approval secured before construction of such temporary building. 4. Upon termination of the lease, all temporary improvements shall be removed by Tenant at its owns cost and expense and Tenant shall pay all taxes, sewer rentals and water bills levied during the term of this lease against any temporary improvements which may be erected upon the leased premises. 5. The use of the premises shall be at all times subject to the approval and further director of the Buffalo Sewer Authority; and sad premises shall at all times be made accessible to the Buffalo Sewer Authority for the repair and maintenance of a drain running through said premise. 6. Insurance - Harmac Medical Products, Inc. shall provide insurance as deemed necessary by the City s Corporation Counsel Office. 7. The lease may be cancelled at any time by either party by giving at least a 30 day notice in writing to the other. This office recommends that Your Honorable Body renew their lease agreement for a three year period commencing on June 1, 2009 and expiring on May 31, 2012. 1 am further recommending that your Honorable Body Authorize the Corporation Counsel to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the Same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated October 14, 2010, be received and filed; and That the Director of Real Estate be, and he hereby is authorized to renew the lease between the City and Harmae Medical Products, for use of 2209 Bailey (10 s p of land) for an additional three (3) year term commencing on June 1, 2009 and expiring May 31, 2012. All other terms and conditions of said lease agreement shall remain including but not limited to those listed in the above communication. That the Acting Corporation Counsel be authorized to prepare the necessary lease and that the Mayor be authorized to execute the same. PASSED AYES -8 NOES -0 NO. 9 REPORT OF SALE 127 CLARE, 25' S OLGA PLACE LOT SIZE: 26'X 100' ASSESSED VALUATION: $1,400.00 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Ramon Rodriguez and Mrs. Iris Rodriguez, 123 Clare Street, Buffalo, New York 14206 to purchase 127 Clare. Mr. and Mrs. Rodriguez own and reside at 123 Clare, which is adjacent to 127 Clare. They intend to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Thirty Five Cents ($.35) to Sixty Cents ($.60), per square foot. Mr. and Mrs. Rodriguez have agreed and are prepared to pay One Thousand Four Hundred Dollars ($1,400.00), Fifty Five Cents ($.55) per square foot for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 127 Clare to Mr. and Mrs. Rodriguez in the amount of One Thousand Four Hundred Dollars ($1,400.00). 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 October 12, 2010, be received and filed; and That the offer from Mrs. Iris Rodriguez, residing at 123 Clare Street, in the sum of One Thousand and Four Hundred Dollars ($1,400.00) for the purchase of 127 Clare, 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 -8 NOES -0 NO. 10 REPORT OF SALE 738 HUMBOLDT PKWY., 90' N FERRY LOT SIZE: 30'X 150' ASSESSED VALUATION: $1,200.00 (MASTEN DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Ronald L. House and Mrs. Etta D. House, 738 Humboldt Parkway, Buffalo, New York 14211 to purchase 738 Humboldt Parkway. Mr. and Mrs. House own and reside at 740 Humboldt, which is adjacent to 738 Humboldt. They intend to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Cents ($.40) to Seventy Cents ($70), per square foot. Mr. and Mrs. House have agreed and are prepared to pay Two Thousand Seven Hundred Dollars ($2,700.00), Sixty Cents ($.60) per square foot for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 738 Humboldt to Mr. and Mrs. House in the amount of Two Thousand Seven Hundred Dollars ($2,700.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 11 REPORT OF SALE 101 KRETTNER, 335.24' N WILLIAM LOT SIZE: 30'X 105' ASSESSED VALUATION: $1,700.00 (ELLICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Tracy E. Singletary, 93 Krettner Street, Buffalo, New York 14206 to purchase 101 Krettner Street. Mr. Singletary owns and resides at 93 Krettner, which is adjacent to 101 Krettner. He intends to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Cents ($.40) to Sixty Cents ($.60), per square foot. Mr. Singletary has agreed and is prepared to pay One Thousand Seven Hundred Dollars ($1,700.00), Fifty Five Cents ($.55) per square foot for the subject property. He 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 101 Krettner to Mr. Tracy Singletary in the amount of One Thousand Seven Hundred Dollars ($1,700.00). 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 October 12, 2010, be received and filed; and That the offer from Mr. Tracy E. Singletary, residing at 93 Krettner Street, in the sum of One Thousand and Seven Hundred Dollars ($1,700.00) for the purchase of 101 Krettner Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -8 NOES -0 NO. 12 REPORT OF SALE 255 LANDON, 130' W HUMBOLDT PKWY. LOT SIZE: 33'X 112' ASSESSED VALUATION: $2,000.00 ( FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Huncles Means, 253 Landon Street, Buffalo, New York 14208 to purchase 255 Landon Street. Mr. Means owns and resides at 253 Landon, which is adjacent to 255 Landon. He intends to use the vacant lot for additional green space. 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 Thirty Cents ($30) to Sixty Cents ($.60), per square foot. Mr. Means has agreed and is prepared to pay One Thousand Dollars ($1,000.00), Thirty Cents ($.30) per square foot for the subject property. He 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 255 Landon to Mr. Huncles Means in the amount of One Thousand Dollars ($1,000.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPIMENT NO. 13 REPORT OF SALE 177 LESLIE, 327.88' S SCAJAQUADA LOT SIZE: 30'X 108' ASSESSED VALUATION: $2,300.00 (LOVEJOY DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Agatha Hall, 32 Frankfort Street, Buffalo, New York 14211 to purchase 177 Leslie. Ms. Hall owns two one family houses at 189 and 187 Leslie, which are adjacent to 177 Leslie. She intends to use the vacant lot for additional green space. The Division of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar properties in the subject area. Sales range from Thirty Cents ($.30) to Sixty Cents ($.60), per square foot. Ms. Hall has agreed and is prepared to pay One Thousand Eight Hundred Dollars ($1,800.00), Fifty Five Cents ($.55) per square foot for the subject property. She 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 177 Leslie to Ms. Agatha Hall in the amount of One Thousand Eight Hundred Dollars ($1,800.00). 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 October 12, 2010, be received and filed; and That the offer from Ms. Agatha Hall, residing at 32 Frankfort Street, in the sum of One Thousand and Eight Hundred Dollars ($1,800.00) for the purchase of 177 Leslie Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 8 NOES — 0 NO. 14 REPORT OF SALE 285 LOEPERE, 571' S WALDEN LOT SIZE: 30'X 108' ASSESSED VALUATION: LAND $1,600.00 TOTAL $14,000.00 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Mohammad A. Khan and Mrs. Surriaya Khan, 993 Sycamore Street, Buffalo, New York 14212 to purchase 285 Loepere Street. Mr. and Mrs. Khan intend to renovate and bring the property into code compliance and use as income property. The estimated cost of renovations is Nine Thousand Five Hundred Dollars ($9,500.00). Mr. Chatkhan has provided plans to rehabilitate the house and proof of financial ability to complete the purchase and the repairs. The property consists of 1,845 square feet, two and one half story wood frame, two family house in poor to fair condition situated on a lot 30' x 108'. The property was acquired by the City through in Rem #41, October 2007. There have been no other serious offers for the property, since being acquired by the City. 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 purchasers. The Division of Real Estate has investigated the sale of similar properties in the subject area. Sales range from One Dollar and Twenty Five Cents ($1.25) to Three Dollars ($3.00), per square foot of living area. Mr. and Mrs. Khan have agreed and are prepared to pay Three Thousand Seven Hundred Dollars ($3,700.00), Two Dollars ($2.00) per square foot of living area for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 285 Loepere to Mr. and Mrs. Mohammad Khan in the amount of Three Thousand Seven Hundred Dollars ($3,700.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 15 REPORT OF SALE 44 MULBERRY, 230' N GOODELL LOT SIZE: 26'X 100' ASSESSED VALUATION: $1,400.00 (ELLICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mrs. Jacqueline Johnson, 170 Forestview Drive, Amherst, New York 14221 to purchase 44 Mulberry Street. Mrs. Johnson owns a one family house at 46 Mulberry, which is adjacent to 44 Mulberry. She intends to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar properties in the subject area. Sales range from Fifty Cents ($.50) to Seventy Five Cents ($75), per square foot. Mrs. Johnson has agreed and is prepared to pay One Thousand Three Hundred Dollars ($1,300.00), Fifty Cents ($.50) per square foot for the subject property. She 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 44 Mulberry to Mrs. Jacqueline Johnson in the amount of One Thousand Three Hundred Dollars ($1,300.00). 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 October 13, 2010, be received and filed; and That the offer from Mrs. Jacqueline Johnson, residing at 170 Forestview Drive, Amherst, in the sum of One Thousand and Three Hundred Dollars ($1,300.00) for the purchase Of 44 Mulberry, 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 - 8 NOES — 0 NO. 16 CERTIFICATE OF APPOINTMENT Appointment effective September 30, 2010 in the Department of Executive, Division of Office of Strategic Planning to the Position of Confidential Secretary to The Executive Director, Provisional, Pending, Exempt at the Flat Salary of $42,297.00. Lynette Boulware- Wright, 127 Harvard Place, Buffalo, NY 14209 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMPTROLLER NO 17 OPENING A GIFT SHOP AND TOURIST INFORMATION CENTER OF 25 FLOOR Prior Council Reference: Item No. 105, CCP July 29, 2010 This communication is in response to the Common Council requesting input from the Comptroller's office regarding opening a gift shop in City Hall on the 25 floor. After visiting the proposed location and asking informal questions of both visitors and City Hall employees, it appears the idea of transforming the currently unoccupied space on the 25 floor into a gift shop /snack bar has merit. Some of the better ideas discussed include: creating a small art gallery for local artists within the gift shop, selling Buffalo, themed souvenirs, and serving snacks such as coffee, etc. to visitors. However, proper research, including cost analysis, logistics, and "Return on Investment" potential, is necessary before opening such a business in this location. The process should be adequately fulfilled by a task force or committee, to examine the feasibility of whether it is fiscally prudent for the City to engage in such an enterprise. Issues of concern include: proper oversight, safety, security, liability insurance protection and if it is run by an outside vendor, how will that entity be chosen? If you have any further questions on this matter, please feel free to contact the Department of Audit and Control. Andrew A. SanFilippo Comptroller REFERRED TO THE COMMITTEE ON FINANCE NO 18 RESPONSE - HEALTHCARE DEPENDENT AUDITS Prior Council Reference: Item No. 104, CCP, Sept 7, 2010 This communication is in response to the Common Council requesting input from the Comptroller's office regarding a healthcare dependent eligibility audit. My office supports an eligibility audit of current and retired City employees on the healthcare rolls to eliminate any fraud or waste existing in the current system. In light of the more than 170 deceased employees who were mistakenly listed as "current" on the healthcare rolls, and a September 27 Buffalo News article indicating the possibility of ineligible dependents receiving City- sponsored healthcare benefits, such an audit would ensure the accuracy of the current information listed for City employees. As this would require a specialized healthcare consulting firm to work closely with the Department of Human Resources, we would advise the Administration to issue a Request for Proposals /Qualifications to identify the best vendor to perform this investigation. While there has been some internal work done by the City to find ineligible dependents, a proper examination of the City's and the healthcare company's databases will need the dedicated resources of an outside firm. As evidenced by the recent follow -up audit to the Department of Human Resources, errors in the healthcare payment system can be very costly to the taxpayers; therefore any fee structure for an outside firm should be contingent upon, and proportionate to. The amount of monies that may be recovered. If you have any further questions on this matter, please feel free to contact the Department of Audit and Control. Andrew A. SanFilippo Comptroller REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO 19 CITY OF BUFFALO SNOW PLAN 2010 -2011 1 hereby submit to Your Honorable Body the City of Buffalo Department of Public Works, Parks & Streets Snow Plan for 2010 - 2011 for your review and approval. Copy available for review in the City Clerk's Office. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 20 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR THE NEXT PHASE OF THE LARGE METER REPLACEMENT PROJECT CITY -WIDE 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 study, design, bid, and construction management services for Phase 3 of the Large Meter Replacement Program. The costs for consulting services are estimated not to exceed $105,000.00 and the construction cost is estimated to be $500,000.00. The funds are available in a Division of Water account 53220776. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 13, 2010 be received and filed; and That the Commissioner of Public Works, Parks & Streets be, and he hereby is granted permission to hire a consultant to provide study, design, bid and construction management services for Phase 3 of the Large Meter Replacement Program. Funds for this project are available in a Division of Water account 53220776. PASSED AYES -8 NOES -0 NO 21 PERMISSION TO HIRE CONSULTANT 2011 DEPT. OF HOMELAND SECURITY (DHS) DATA CALL Permission is hereby requested from Your Honorable Body to retain a consultant to conduct research for the 2011 Department of Homeland Security (DHS) Data Call. The information is necessary to identify all critical infrastructure that is eligible for the DHS Homeland Security Grant Program (HSGP) in Buffalo and Niagara counties. The consultant is needed to meet the requirements of the Homeland Security Grant Program application. The City receives millions of dollars annually from the Department of Homeland Security, and the Data Call is critical to qualify for the monies; Critical Infrastructure accounts for 15% of the rating for the BEN UASI. Funds are available in the HSGP for year six (6). REFERRED TO THE COMMITTEE ON FINANCE NO 22 PERMISSION TO HIRE CONSULTANT CITY COURT RENOVATION OF EXISTING BASEMENT AREA FOR TEMPORARY DETENTION AREA ELLICOTT DISTRICT Permission is hereby requested from Your Honorable Body to retain a consultant to provide professional architectural and architectural analysis and design for City Court, Renovation of Existing Basement Area for Temporary Detention Area. This project shall attempt to find a more efficient and cost effective means to handle and process detainees through the arrest, booking and arraignment process. Funds are available in 30000106 - 445100 - Planning for Capital Projects. The estimated consulting budget for this project is not to exceed $100,000.00. Mr. Fontana moved: That the Common Council hereby approves the Commissioner of Public Works, Parks and Streets to retain a consultant for professional, architectural and architectural analysis services and design for City Court renovation of the existing basement area for a temporary detention area. Funds are available in 30000106 - 445100 — Planning for Capital Projects not to exceed $100,000.00. PASSED AYES -8 NOES -0 NO 23 REPORT OF BIDS OLD FIRST WARD COMMUNITY CENTER GUTTER RECONSTRUCTION JOB #1039 FILLMORE DISTRICT I advertised for on August 31,2010, and received the following formal sealed bids for Old First Ward Community Center, Gutter Reconstruction, which were publicly opened and read on September 15, 2010. Grove Roofing Services, Inc. $72,900.00 131 Reading, Buffalo, NY No other bids received. I hereby certify that the foregoing is a true and correct statement of all bids received and that Grove Roofing Services, Inc., with a bid of Seven Two Thousand Nine Hundred and 00/100 Dollars ($72,900.00), is the lowest responsible bidder in accordance with the plans and specifications. Funding for this project is available in 33320606 445100 - Buildings. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 8, 2010, 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 Old First Ward Community Center, Gutter Reconstruction, to Grove Roofing Services, Inc., Job #1039, the lowest responsible bidder, in the amount of $72,900.00. Funds for the project are available in 33320606 445100 - Buildings. PASSED AYES -8 NOES -0 NO 24 REQUEST TO PURCHASE VEHICLE & EQUIPMENT 1. (3) Freightliner tandem axle chassis from state contract PC62756 @ $ 92,322 $ 276,966.00 From 33310106 - 445100 2. (3) Leach 29 yd capacity refuse bodies for installation onto existing chassis @ $85000,00 $ 255,000.00 From 33310106 - 445100 3. (2) Everest 16' dump body, plow frames & patrol wing plow from #7471 @ 51,086.00 $ 102,172.00 From 15050007 - 474100 4. (2) Freightliner tandem axle chassis for dump plow operation from PC 62756 @ 92,322.00 $ 184,644.00 5. (9) Flink 10' salt spreader bodies from #7475 @ 11,263.00 $ 101,367.00 From 15050007 - 474100 TOTAL $ 920,149.00 Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 7, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets and the Director of Purchase be, and they hereby are authorized to purchase the above listed vehicles and equipment for a total sum of $920,149.00, contingent on the new vehicles being designated as not authorized for take -home use, marked with the City Seal in accordance with Chapter 53 of the City Code. PASSED AYES -8 NOES -0 NO 26 APPT ASSISTANT ADMINISTRATOR (PROV)(MAX)(WINNERT) Certificate of Appointment Appointment effective 9/29/2010 to the Department of Public Works, Parks & Streets, Division of Streets to the Position of Assistant Administrator Provisional, Maximum starting salary of $59,811. Judith Winnert, 206 Tuscarora Rd, Buffalo 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO 26 DRUG ASSET FORFEITURE WIRE TRANSFERS Prior Council Reference: Item No. 104, CCP 2/2/88 09- FBI - 002605 3110090032 2,968.32 08 -DEA- 504352 C2 -08 -0096 2,545.43 10 -DEA- 529456 C2 -10 -0084 2,154.56 10 -DEA- 529044 C2 -10 -0077 538.26 10 -DEA- 529662 C2 -10 -0088 2,807.37 10 -DEA- 529645 C2 -10 -0089 1,119.99 10 -DEA- 530244 C2 -10 -0087 895.97 10 -DEA- 529659 C2 -10 -0085 1,385.58 10 -DEA- 530678 C2 -10 -0100 1,666.98 10 -DEA- 530809 C2 -10 -0099 1,194.96 10 -DEA- 530425 C2 -10 -0095 2,884.66 10 -DEA- 530922 C2 -10 -0098 1,203.18 09- FBI - 002302 3110090017 7.744.05 09- FBI - 002302 3110090017 5,136.94 (15% SAFF) US CUSTOMS 2009090100005801 77,212.50 US CUSTOMS 2009090100014901 7,752.12 US CUSTOMS 2009090100015401 1,104.63 TOTAL $120,315.50 The Drug Enforcement Administration (DEA), U.S. Customs and /or the FBI has administratively forfeited the above referenced property The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000- 389001. 15% of the DEA funds have been deposited into SAFF account 10440 for fulfilling year 5 expenditures under SAFF legislation. The remaining funds will be placed into one or more of the following accounts as deemed necessary by the Commissioner of Police: Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624. RECEIVED AND FILED FROM THE CORPORATION COUNSEL NO 27 DECISIONS REGARDING SAVARINO V. CITY OF BUFFALO: 2010 -3489 Pursuant to Councilmember LoCurto's request for the Decisions of the Honorable Patrick H. NeMoyer, J.S.C. relative to the above - entitled matter, attached please find a Decision and Judgment dated July 7, 2010, which annulled the Council's approval of the sale of the former School #36 to Elmwood Village Charter Schools and a subsequent Decision and Order that denied Elmwood Village Charter Schools' application to intervene in the underlying action. Potential appeals of both Decisions have been timely noticed. While our office has been very candid about addressing Your Honorable Body's concerns regarding this pending litigation to date, the Law Department will now provide the Common Council with advice and counsel relative to this matter through Attorney - Client privileged communications only, so as to not abridge the City's likelihood of success on appeal or to create any bases for additional legal challenges to any new process undertaken. Given the Community Development Committee's prior examination of this issue, the Law Department respectfully suggests that the item be sent to said Committee for its further review. Thank you for your attention to this matter. Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO 28 CEASE AND DESIST OPERATIONS AT 37 EAST DELAVAN (MASTEN) Jeremy Dunn Buffalo Salvage Recycling Center, LLC. 537 East Delavan Avenue Buffalo, New York 14211 RE: CEASE AND DESIST OPERATIONS @ 537 EAST DELAVAN Dear Mr. Dunn: A review of the records and files of the City of Buffalo's Department Permit & Inspection Services reveals that the property you operate at 537 East Delavan in the City of Buffalo is operating without the required City of Buffalo licenses. Further, said records reveal that "legal" use for your operations has not been established. Please be advised that in order to continue operations at 537 East Delavan you are required to obtain a valid "Bulk Wholesale Junk" and "Scrap Processor" licenses per Chapter 254 of the ordinances of the City of Buffalo. Additionally, you must obtain "legal" use for Bulk Wholesale Junk and Scrap Processing operations. Finally, based on the aforementioned requirements, you are hereby ordered to immediately cease and desist all operations at 537 East Delavan until said time that all required licenses are obtained and "legal" use is established. Failure to abide by this notice will result in fines being issued and legal action being taken. Should you have any questions concerning this matter, please Contact this office at 851 -6596. Respectfully, Patrick Sole Jr., Director Permits & Inspection Services RECEIVED AND FILED NO 29 FOOD STORE (NEW) 212 FOREST AVE (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 212 FOREST AVE. (PUERTO RICO BAKERY & GROCERY /EDGARDO GONZALEZ) 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 Collection 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 Inspection Services is authorized to issue a Food Store License to Eduardo Gonzalez (Puerto Rico Bakery and Grocery) located at 212 Forest Avenue PASSED AYES -8 NOES -0 NO 30 FOOD STORE (NEW) 684 LASALLE(UNIVERSITY) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 684 LASALLE (PETERS FOOD MART II /ALI M. AL BAAGRI) 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 Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO 31 APPT BUILDING INSPECTOR (TEMP)(MAX)(SEXTON) Certificate of Appointment Appointment effective September 30, 2010 in the Department of Permit and Inspection Services Division of District Inspections to the Position of Building Inspector Temporary Appointment Maximum Starting Salary of $53,891. John T. Sexton, 147 Fordham Dr., Buffalo 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING NO 32 CITY OF BUFFALO GIRLS CIRCLE PROGRAM -GRANT ACCEPTANCE OF GRANT AND INTERFUND CASH LOAN The Department of Community Services, Division for Youth has been awarded a grant from the New York State Department of Criminal Justices Services to fund the City of Buffalo Girls Circle Program, totaling $21,461.00. An interfund cash loan is to be made in the maximum amount of $21,461.00 as needed subject to your approval and receipt of signed grant document. Loan is payable at date of reimbursement Mr. Fontana moved: That the above communication from the Commissioner of Community Services dated September 17, 2010, be received and filed; and That the Commissioner of Community Services, Division of Youth be, and they hereby are authorized on behalf of the City to accept a grant from the New York State Department to Criminal Justices Services to fund the City of Buffalo Girls Circle Program, totaling $21,461.00. That the Comptroller be, and he hereby is authorized to provide an interfund cash loan totaling $21,461.00. The loan is payable at date of reimbursement. PASSED AYES -8 NOES -0 FROM THE COMMISSIONER OF HUMAN RESOURCES NO 33 ITEMIZED BREAKDOWN OF COSTS FOR ADMINISTRATION OF CS EXAMS - POLICE OFFICER & DETECTIVE SERGEANT Dear Mr. Chwalinski: In response to the request from the Finance Committee, attached are itemized breakdowns for costs related to the administration of Civil Service examinations and selection processes. The following itemized breakdowns are attached: POLICE OFFICER SELECTION PROCESS • 1/0 Solutions - Written Examination $75,000.00 • Travers Collins & Company - Marketing /Recruitment $85,000.00 • Law Enforcement Psych. Associates - Psychological $150,000.00 DETECTIVE SERGEANT SELECTION PROCESS • 1/0 Solutions - Written Exam and Assessment Center $45,000.00 TOTAL COST: $355,000.00 Please feel free to contact me or Olivia Licata, Administrative Director of Civil Service, with any questions. Thank you for your assistance in this matter. Sincerely, Karla L. Thomas Commissioner of Human Resources RECEIVED AND FILED FROM THE ZONING BOARD OF APPEALS NO 34 SEQR- FINDINGS -MULTI MODAL TRANSPORTATION STRUCTURE 134 HIGH (ELL) To all Involved and Interested Agencies: Pursuant to the New York State Environmental Quality Review Act (SEQRA), enclosed please find a copy of the City of Buffalo Zoning Board of Appeals Findings Statement for the recently approved Multi -Modal Transportation structure height variance at premises 134 HIGH STREET. If you should have any questions, concerns or a need any further assistance with this project please feel free to contact me at 851 -5082. Very truly yours, Thomas A. Chwalinski — Executive Secretary Zoning Board of Appeals Copy available for review in the City Clerk's Office RECEIVED AND FILED FROM THE BUFFALO URBAN RENEWAL AGENCY NO 35 LAND LEASE BETWEEN BURA AND GRAPHIC CONTROLS, LLC — 450 EXCHANGE STREET/ 479 -481 ALABAMA SOUTH ELLICOTT PHASE 2 URBAN RENEWAL AREA This item is a request for the City of Buffalo Urban Renewal (hereinafter referred to as Agency) to enter into a Land Lease Agreement with Graphic Controls, LLC on 450 Exchange Street and 479 -481 Alabama, located in the South Ellicott Phase 2 Urban Renewal Area. The property, known as 450 Exchange Street and 479 -481 Alabama, is a 3.78 acre lot. The Agency currently leases the property to Graphic Controls and they use it as a parking lot for their headquarters located adjacent at 400 Exchange Street. Graphic Controls has requested that a new lease be negotiated with the Agency with an extended lease term. The term of the Lease will be five years at a monthly rental rate of $2,000.00. Graphic Controls will have the option to extend the term of the least through three consecutive five year extensions. Thereafter, each extension would increase $250.00 per month. The fair rental value rates were determined based upon the current fair market value of the property as determined by KLW Group, Real Estate Appraisers and Consultants, and a rate of return of 10% for the annual rental figures. Graphic Controls will be responsible for the payment of all real property taxes and user fees assessed or charged against the property and all repair and maintenance. Permission is therefore requested for the Agency to enter into a Land Lease with Graphic Controls, LLC, subject to Agency Legal Counsel approval as to the transactional documents. Please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary for your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded separately are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Lan Lease Agreement After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of land. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE CITY CLERK NO. 36 RESPONSE TO DOG LICENSES SERVICES Jane Witthohn Tag Town 1107 Claryville Road P.O. Box 60 Claryville New York 12428 Dear Ms. Witthohn: Thank you for your letter dated September 20, 2010 whereby you inform our department of the services you offer as a NYS business owner with reference to the dog licensing process. The City Clerk's office has always internally maintained our own recording keeping process via our MIS department and any notices for expired licenses are addressed via our Administrative Adjudication department. Unfortunately, with reference to the dog tag process, we are required to send this process out for bid and have already chosen a vendor Again, we genuinely appreciate the services you offer, however, we have finalized all of the details involved in transitioning to provide the services that NYS Agriculture and Markets will no longer provide. We will keep your information on file should we have any future needs for the valuable services you provide. Gerald Chwalinski City Clerk RECEIVED AND FILED NO. 37 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 245 Allen St Calumet Arts Cafe Mark Goldman 69 W. Chippewa St Bottoms Up Bottoms Up LLC RECEIVED AND FILED NO. 38 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: Management Information Systems Richelle Edwards RECEIVED AND FILED. NO. 39 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority RECEIVED AND FILED. NO. 40 NOTICES OF APPOINTMENTS- SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. CERTIFICATE OF APPOINTMENT Appointment Effective October 5, 2010 in the Department of Public Works, Parks & Streets, Division of Parks to the Position of Laborer II, Seasonal appointment at the Flat Salary of $11.87/hr Robert F. Williams, 154 Royal Ave, Buffalo, NY 14207 CERTIFICATE OF APPOINTMENT Appointment Effective October 4, 2010 in the Department of Public Works, Parks & Streets, Division of Engineering to the Position of Laborer II, Seasonal appointment at the Flat Salary of $11.87/hr Steven Tirone, 355 St Lawrence St, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment Effective October 4, 2010 in the Department of Public Works, Parks & Streets, Division of Streets to the Position of Clerk, Seasonal appointment at the Flat Salary of $11.87/hr Andrew McCabe, 29 Mayer Avenue, Buffalo, NY 14207 NO. 41 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements) REFERRED TO THE COMMITTEE ON CIVIL SERVICE. CERTIFICATE OF APPOINTMENT Appointment effective October 4, 2010 in the Department of Audit and Control, Division of Audit, to the position of Junior Accountant, Temporary at the minimum Salary of $34,569 Elizabeth S. Krause, 87 Delsan Court, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment effective October 4, 2010 in the Department of Law, to the position of Assistant Corporation Counsel I (Muni), Permanent at the minimum Salary of $52,121.00 Edward Allen Betz, 268 Ashland Ave Apt 2, Buffalo, NY 14222 CERTIFICATE OF APPOINTMENT Appointment effective October 12, 2010 in the Department of Public Works, Division of Buildings, to the position of Architect, Provisional, at the minimum Salary of $51,396.00 Joseph Fanara Jr., 10812.0013ullrush Terrace, Bradenton, Fl, 34202 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 42 LP CIMINELLI -BOARD PACKET DOCUMENTS - OCTOBER 2010 Memorandum Program Packaging and Development Services (PPDS) Provider Attached are the following documents from the Joint Schools Construction Board meeting scheduled on October 4, 2010: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated September 13, 2010 3. Fully Executed phase III Application and Certificate for Payment No. 41 - August 2010 4. Fully Executed Phase IV Application and Certificate for payment No. 26 - August 2010 5. Phase III Application and Certificate for payment No. 42 - September 2010 6. Phase IV Application and Certificate for Payment No. 27 - September 2010 7. Phase V Application and Certificate for Payment No. 10 - September 2010 8. Program packaging and Development Services(P P DS) Provider Update 9. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase HI Project- August 2010 10. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase IV Project - August 2010 11. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase IV- August 2010 Copy Available for Review in The City Clerk's Office REFERRED TO THE SPECIALCOMMITTEE ON EDUCATION NO. 43 T. FRIDEL- CONCERNS PIPELINE OIL LEAKS Dear Emergency Official or Public Official: On Monday, July 26, a 30 -inch pipeline belonging to Enbridge Energy Partners, L.P. ruptured in Marshall, Michigan, releasing an estimated 819,000 gallons of crude oil into Talmadge Creek, a waterway that feeds the Kalamazoo River, and affected up to 25 miles of the Kalamazoo River. Public safety is of the highest importance to Enbridge. We understand there are indications that area residents smelled an oil -like odor on Sunday, July 25, and called 911. However, Enbridge was not notified of a possible pipeline leak until Mondav mornina. Ifvou suspect a leak an Enbridae pipeline. please contact us immediatelv at 18001 858 -5253 so we can take immediate action. We are writing today to provide information about our plans to restart the pipeline, Line 6b, in compliance with the conditions set forth by the of the Office of Pipeline Safety (OPS), a department of the U.S. Department of Transportation. Line 6b, a 30 -inch diameter pipeline transporting crude oil from Griffith, Ind. to Sarnia, Ontario, is part of Enbridge's Lakehead System, and supplies crude oil to refineries in Michigan, Ohio and eastern Canada and, through interconnections, to refineries in Pennsylvania. One pipeline in the Lakehead System transports batches of natural gas liquids through Michigan's Upper Peninsula and across the international board at Port Huron. The pipeline repair was completed in accordance with government requirements; we continue to work under OPS's oversight as we prepare to bring the pipeline back into service. Activities required by the regulator to assure a safe restart of Line 6b included excavation of the pipeline at locations of similar characteristics as the leak site and a pressure test utilizing water along a 13 -mile segment east of Marshall. Results of these regulatory requirements were carefully analyzed before Enbridge and the OPS determined that the pipeline could be safely placed back into service. Pending a full investigation of this incident, Line 6b will operate at reduced operating pressures. Enbridge takes its responsibility for pipeline safety seriously, and we have an emergency response plan in place to work promptly and effectively with local emergency responders. In the event of an abnormal condition, reports or signs of a leak, Enbridge will respond swiftly to protect the safety of the public; conduct a prompt, safe and thorough repair in close cooperation with regulatory authorities; and mitigate environmental and property impacts. Protecting people and the environment Enbridge is committed to protecting the public and the environment; we take many preventive measures to promote safe, reliable operations of our pipelines and related facilities, including: • High - quality pipeline materials and anti - corrosion coatings • Catholic protection (a low -level electrical charge) to inhibit corrosion of underground pipelines • Pressure testing of new and existing pipelines • Sophisticated inspection tools called "smart pigs" to evaluate the condition of the pipeline on a periodic basis • Preventive maintenance programs • Around - the -clock surveillance of major transmission pipeline operations • Frequent aerial on d periodic ground surveys of the right -of -way Recognizing and responding to a suspected leak If a leak were to occur, you might see, hear or smell one or more of the following: • Pool of liquid an the ground • Discolored snow or vegetation • Oily sheen on water surfaces • A roaring, blowing or hissing sound • An unusual petroleum, skunk or rotten egg odor Should a pipeline emeraencv occur contact Enbridae immediatelv at (800) 858 -5253 so we can take immediate action. Unprotected personnel should be cleared from the area. Only approach leak sites from upwind. Do not enter a confined space without full bunker gear, including an approved self- contained breathing apparatus. Cool fire - exposed containers with water to prevent vapor pressure buildup and rupture. Sulfur oxides and hydrogen sulfide may be released upon combustion. in the event of a pipeline emergency involving natural gas liquids, evacuate al! unnecessary personnel and use an approved self- contained breathing apparatus. Keep surrounding surfaces cool with a water fog or spray. • If responding to the report of a suspected leak, approach the area from upwind if possible. • Keep traffic away and secure the area. • From a safe area, call the toll -free Enbridge emergency number. • Avoid contact with pipeline contents and associated vapors. Crude oil is highly flammable and gives off vapors that are heavier than air; these vapors can travel to a source of ignition and cause flash fires. Crude oil may contain variable amounts of several elements, including hydrocarbons, benzene, nitrogen compounds, sulfur compounds and oxygenated compounds. Pipeline markers The general location of an Enbridge pipeline in your community can be determined by identifying the pipeline markers. Please note that markers you will see along our right -of -way will display the following information, in the event of a pipeline Warning Petroleum Pipeline Enbridge Call Toll Free 1.800- 858 -5253 Thank you for taking a few moments to review this important information. Should you have any questions about our pipelines, pipeline rights -of -way or other operations in your community, please visit us online at enbridgeUS.com or contact us by email at USDUblicawareness (cr)enbridae.com RECEIVED AND FILED NO. 44 J. GOLOMBEK -NEWS ARTICLE -BIG SCREEN MYSTERY Dear Gerald, I ask that you please file the enclosed Buffalo News article,'Lawmakers try to solve big screen mystery" for the Common Council meeting slated to be held On October 19, 2010. 1 thank you for your time and attention to this matter. Sincerely, Joseph Golombek Jr. North District Council Member Enclosure (1) REFERRED TO THE SPECIAL COMMITTEE ON BUDGET AND THE PRESERVATION BOARD NO. 46 M. KEARNS- INVITATION TO BFLO MUSEUM OF SCIENCE EX DIRECTOR MORTENSON TO ATTEND FINANCE MEETING The Buffalo Museum of Science Executive Director Mark Mortenson. would like to discuss current and future events at the next Finance Committee meeting. I spoke with Mr. Mortenson this morning and he has confirmed his attendance at the Tuesday, October 26, 2010 Finance meeting. REFERRED TO THE COMMITTEE ON FINANCE NO. 46 M. KEARNS -NEWS ARTICLE TALE OF TWO PITIES I would like to file the attached article for the upcoming Common Council meeting to be held on October 19, 2010 Thank you. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 47 NYSDEC- INACTIVE HAZARDOUS WASTE DISPOSAL SITE DELIST NOTICE ANACONDA CO Conservation Site Name: Anaconda Company /American Brass Site No. 915007 Tax Map Nos. 77.59- 6 -1.1; 77.59 -6 -2; 77.74 -4 -1; 77.74 -4 -2; 77.66 -2 -4; and 77.74 -4 -24 Site Location: Military Road and Sayre Street, Buffalo, NY, 14207 Inactive Hazardous Waste Disposal Site Delist Notice The Inactive Hazardous Waste Disposal Site Program (the State Superfund Program) is the State's program for identifying, investigating, and cleaning up sites where the disposal of hazardous waste may present a threat to public health and /or the environment. The New York State Department of Environmental Conservation (Department) maintains a list of these sites in the Registry of Inactive Hazardous Waste Disposal Sites the "Registry"). The Department has determined that this site (see map on reverse side no longer presents a threat to public health or the environment and is proposing to delist the site from the Registry for the following reason(s): Previous investigations documented elevated levels of PCBs, cadmium, lead, and arsenic in soil at various locations around the plant complex. In 1999, remedial actions were performed (Areas A. C. D, and Mi that included covering impacted areas with asphalt and improving security measures to minimize human exposure. In addition, soils contaminated with PCBs were removed and disposed at an off -site location. Further remediation of the site as pan of the Voluntary Clean -up Program ( #V00314) agreement occurred in 2004. This included covering and fencing the arsenic contaminated soil found in Area J. In addition, institutional controls and deed restrictions were filed. Since the remedial actions taken at the site, along with implementation of a Site Management Plan, have removed the threat to public health and the environment, it is appropriate to delist this site from the Registry at this time. Public comments are being received before the decision to remove this site from the Registry is finalized. The public comment period will end November 19, 2010. If you would like to provide us with written comments, please send them to: Eugene Melnyk, Project Manager. Division of Environmental Remediation, NYS Department of Environmental Conservation, Region 9 Headquarters, 270 Michigan Avenue, Buffalo, NY 14203 A summary of any comments will be assembled and made available for viewing at our Regional Office. 270 Michigan Avenue. Buffalo, NY 14203. If we do not receive any new or additional information during this public comment period that changes our delist proposal, we will delist the site on or after December 6, 2010. If you own property adjacent to this site and are renting or leasing your property to someone else, please share this information with them. If you no longer wish to be on the contact list for this site or otherwise need to correct our records, please contact the Department's Project Manager listed below. FOR MORE INFORMATION Additional information about this site can be found using the Department's "Environmental Site Remediation Database Search" engine which is located on the internet at: www.dec.nv.aov /cfmx/extaDDs /derexternal /index.cfm ?Daaeid =3 The Department is sending you this notice m accordance with Environmental Conservation Law Article 27, Title 13 and its companion regulation (6 NYCRR 375- 2.7(b)(6)(ii)) which requires the Department to notify all parties on the contact list for this site of this recent action. REFERRED TO THE COMMITEE ON COMMUNITY DEVELOPMENT, NO. 48 RE: MULTI - MODAL TRANSPORTATION STRUCTURE, 134 HIGH STREET Dear Mr. Romanowski: The City of Buffalo Planning Board, at a meeting held on Tuesday, September 14, 2010, considered the matter captioned above pursuant to Section 511- 13 - /of the Buffalo Code -City Wide Site Plan Review. The Planning Board has determined that the design and site plan meets the criteria for site plan approval contained in section 51%145 and 511 -146 of the Buffalo Code. A New York State Environmental Quality Review Finding Statement has been prepared and approved by the City of Buffalo Planning Board. The City of Buffalo Planning Board voted to -the site plan, design and elevations dated August 27, 2010, for the construction of a Multi Modal Transportation Structure on the property located at 134 High Street, Buffalo New York. The approval is conditioned with Kaleida Health continuing to communicate with the Fruitbelt neighborhood and the surrounding community west and north of the project area, enhance landscaping at Michigan Avenue and High Street, complete landscaping growing from the top of the High Street elevation and mesh being placed in the openings along High Street and Michigan Avenue. This approval is valid until September 14, 2011. This letter is not a building permit. It is the responsibility of the owner to see that all required permits are issued prior to the commencement of the actual work, If you should have any further questions regarding the above, please feel free to contact me anytime at (716) 851 -5086. Sincerely, William Grillo Principal Planner RECEIVED AND FILED NO. 49 M. ROMANOWSKI- ZONING BD APPROVAL FOR VARIANCE 134 HIGH STREET APPLICATION: #157846 Dear Marc: The Zoning Board of Appeals at its meeting of 9/29/10 accepted the SEQR findings statement and approved your petition for a variance to construct and use an eight -story Multi -Modal Transportation structure excessive in height requirements at premises 134 HIGH STREET. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 8514925 AND PAY ANY FEES THAT ARE REQUIRED Section 511 - 117(8) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of (6) months from the date of said decision unless before the expiration of said permit the applicant riles me revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision. Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 3/29/10, the Board's approval will expire and a new application will have to be made. Very truly yours, James A. Lewis III, Chairman ZONING BOARD OF APPEALS RECEIVED AND FILED PETITIONS NO. 50 D. LAND, AGENT, USE 2616 MAIN - CONVERT TAKE -OUT TO A SIT -DOWN BAR/RESTAURANT (DEL)(PUB HRG 10/26) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD NO. 51 D. LLOYD, OWNER, USE 23 ALLEN ST FOR A TAKE OUT RESTAURANT (ELL)(PUB HRG 10/26) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD NO. 52 HOPE GARDENS, USE 58 OBERLIN FOR A HSF (FILL)(NO PUB HRG) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 53 APPT EXEC DIR OF STRAT PLAN (EXEMPT)(BOULWARE- WRIGHT)(STRAT PLAN) CCP# 9 10/5 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPT NO. 54 APPTS COMPUTER PROGRAMMER(3 RD STEP)(PROV)(SANFILIPO, BARKER) (CCP# 12, 10/05) Mrs Russell moved That Communication of 12 of October 5, 2010, be received and Filed and that the Provisional appointments of Janet SanFilipo, 215 Saranac Ave, Buffalo, NY 14216 at the 3 rd Step of $48,912.00 and Kathryn Barker, 246 Prospect Avenue, Buffalo, NY 14201 is hereby approved. PASSED AYES -8 NOES -0 NO. 55 APPT SUPERINTENDENT PKG METERS & ENFORC(PROV)(M)(BARANE)(PKG) (CCP# 35, 10/05) Mrs Russell moved That Communication of 35 of October 5, 2010, be received and Filed and that the Provisional appointment of Carl M. Barone, 127 Crestwood Ave, Buffalo, NY 14216 at the Maximum Salary of $48,659.00 is hereby approved. PASSED AYES -8 NOES -0 FINANCE (MICHAEL P. KEARNS, CHAIRMAN) NO. 56 RENEW LEASE- BUFFALO SOCIETY OF NATURAL SCIENCES - 1020 HUMBOLDT PARKWAY (ITEM NO. 3, C.C.P., OCT. 5, 2010) That the Executive Director of Strategic Planning be, and he hereby is authorized to renew the lease between the City of Buffalo and the Buffalo Society of Natural Sciences, for use of city -owned property located at 1020 Humboldt Parkway (a /k/a 175 North Parade), for an additional five year period commencing retroactively on May 2, 2010 and expiring on April 30, 2015, under the same terms and conditions as the expired lease including but not limited to the conditions as listed in the above communication. That the Acting Corporation Counsel be, and he hereby is authorized to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. PASSED AYES -8 NOES -0 NO. 57 L. GOLDBERG 'REQUEST TO PURCHASE COMPUTER (ITEM NO. 43, C.C.P., OCT. 5, 2010) That the Directors of Management Information Systems and Purchase, be, and they hereby are authorized to accept $30.00 from Larry Goldberg for purchase of a computer City ID #4881, Serial #BFXPP -116. PASSED AYES -8 NOES -0 NO. 58 M. KEARNS- PRELIMINARY ASSESSMENT NOTICES CCP# 46, 10/5 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT NO 59 J. WITTHOHN- INTEREST IN DOG LICENSING & DOG TAG PROGRAM CCP# 53, 10/5 Mr. Kearns moved That the above item be the same and hereby is Received and Filed. ADOPT NO 60 TRANSFER OF FUNDS- PFRS PENSION - HUMAN RESOURCES (ITEM NO. 75, C.C.P., OCT. 5, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Comptroller be, and he hereby is authorized to transfer and reappropriate Police and Fire Retirement System 17303002 - 423002 PFRS Pension to Human Resources 125554006 - 432004 Engineering and Technical and 12554006 - 454000 Advertising in the total sum of $355,000. PASSED AYES -8 NOES -0 NO 61 BUDGET AND PERSONNEL AMENDMENT 14 - PARKING 1075 - PARKING VIOLATIONS (ITEM NO. 78, C.C.P., OCT. 5, 2010) That the Budget and Personnel Amendment as contained in Item No. 78, C.C.P., October 5, 2010, be and the same hereby is approved. PASSED AYES -8 NOES -0 NO 62 J. MAKOWSKI -REQ INDEPENDENT AUDIT MARINE DR. APARTMENTS ( #56, 6 /22)CCP# 67, 10/5 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT COMMUNITY DEVELOPMENT (MICHAEL J. LOCURTO, CHAIRMAN) NO 63 YEAR 36- COMMUNITY DEVELOPMENT QUARTERLY REPORTS (5/1/10 TO 7/31/10) (COMM SVS) COP# 36, 9/21 Mr. LoCurto moved That the above item be the same and hereby is Received and Filed ADOPT LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRMAN) NO 64 M. JUDD, PETITION TO USE 220 KATHERINE - ALTERATIONS & RENOVATIONS TO CONVERT BUILDING TO OFFICES AND NEW PARKING FACILITY (ITEM NO. 54, C.C.P., OCT. 5, 2010) That after the public hearing before the Committee on Legislation on October 12, 2010, the petition of M. Judd, agent, for permission to alter and renovate 220 Katherine from a 2 and a 1 story concrete building for use as offices and a new parking facility be, and hereby is approved. PASSED AYES -8 NOES -0 NO 65 P. TANTILLO, PETITION TO USE 1066 ELMWOOD - CONVERT TAKE -OUT RESTAURANT & APARTMENT TO SIT -DOWN RESTAURANT (ITEM NO. 66, C.C.P., OCT. 5, 2010) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That after the public hearing before the Committee on Legislation on October 12, 2010, the petition of P. Tantillo, owner, for permission to convert a take -out restaurant and apartment in the rear to a Sit down restaurant at 1066 Elmwood be, and hereby is approved with any conditions that the City Planning Board sets at its next meeting, scheduled for October 26, 2010. PASSED AYES -8 NOES -0 NO 66 R. PANARO, PETITION TO USE 1200 HERTEL AVENUE — CENTER SPACE FOR A SIT -DOWN RESTAURANT (ITEM NO. 56, C.C.P., OCT. 5, 2010) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That after the public hearing before the Common Council on October 19, 2010, the petition of R. Panaro, agent, for permission to use 1200 Hertel Avenue's center tenant space of a 2 story masonry strip mall for a sit -down restaurant is hereby approved. PASSED AYES -8 NOES -0 NO 67 R. PLANTER - CONCERNS SAFETY ON LELAND AVE(SOUTH) CCP# 50,10/05 Mr. Golombek moved That the above item be the same and hereby is Received and Filed. ADOPT NO 68 J. ANDOLSEK- CONCERNS - PARKING TICKETS CCP# 56, 7/20 Mr. Golombek moved That the above item be the same and hereby is Received and Filed. ADOPT NO 69 REQUEST TO AMEND PUBLIC HOUSING LAW SECTION 404 (ITEM NO. 99, C.C,P., JULY 20, 2010) That the Resolution as contained in the above item be, and the same hereby is, adopted: ADOPT NO 70 J. VOARUEZ & OTHERS -REQ NYS LIQUOR AUTH TO REVOKE LICENSE CLUB CHIT CHAT -1048 CLINTON ST.(FILL) CCP # 50, 7/06 Mr. Golombek moved That the above item be the same and hereby is Received and Filed. ADOPT NO 71 C. LEWIS- CONCERNS CHIT CHAT CLUB CCP # 54, 7/06 Mr. Golombek moved That the above item be the same and hereby is Received and Filed. ADOPT NO 72 CLOSE CLUB CHIT CHAT (EXCEPT RESOLVES) CCP # 94, 6/22 Mr., Golombek moved That the above item be the same and hereby is Received and Filed. ADOPT NO 73 ERIE COUNTY DEPT ENVIRON & PLANNING -FLOOD RISK MAP UPDATE BRIEFING CCP # 61, 6/08 Mr. Golombek moved That the above item be the same and hereby is Received and Filed. ADOPT NO 74 LUCKY'S CONCERNS -NEW STORE OPENING ON SYCAMORE STREET(FILL) CCP# 67, 6/08 Mr. Golombek moved That the above item be the same and hereby is Received and Filed. ADOPT NO 75 E. TRIGGS- CONCERNS 754 SYCAMORE ST (FILL) CCP # 70, 6/08 Mr. Golombek moved That the above item be the same and hereby is Received and Filed. ADOPT NO 76 R. DAVIS -REQ THE COB TO DONATE VACANT LOT BTWN 207 STANTON AND 181 STANTON CCP # 62, 5/11 Mr. Golombek moved That the above item be the same and hereby is Received and Filed. ADOPT NO 77 D. JACKSON, OWNER, USE 16 ROUNDS FOR A HSF (UNIV)(NO PUB HRG) CCP # 91, 917 Mr. Golombek moved That the above item be the same and hereby is Received and Filed. ADOPT NO 78 FOOD STORE LICENSE- 1350 FILLMORE (ITEM NO. 47, C.C.P., JUNE 8, 2010) (ITEM NO. 85, C.C.P., JULY 6, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the Commissioner, of Economic Development, Permit & Inspection Services be, and he hereby is directed to deny the Food Store License application of Fathehia Qasem located at 1350 Fillmore d /b /a Rock City. DENIED NO 79 BUDGET AMENDMENTS ( #96, 1/19) Mr. Golombek moved: That the above item be the same and hereby is Received and Filed ADOPTED NO 80 BUSINESS IMPROVEMENT EXEMPTION ORDINANCE(ASMT) CCP # 7,9/15 Mr. Golombek moved That the above item be the same and hereby is Received and Filed ADOPT NO 81 ALLOW BOTTLED WATER AS A FOOD ITEM UNDER WIC TO COMBAT LEAD POISONING (ITEM NO. 128, C.C.P., MAR. 17, 2009) That the City of Buffalo respectfully requests that Congress amend the Child Nutrition Act of 1966 to allow the United States Department of Agriculture to allow bottled water to be an accepted food item. ADOPTED NO 82 K. ROBINSON -USE 100 HIGH ST. PLACE A HELIPAD ON AN EXISTING HOSPITAL (ELL)(HRG TO BE ANNOUNCED) CCP # 76, 10/2 Mr. Golombek moved That the above item be the same and hereby is Received and Filed. IG1 Biel aI RESOLUTION NO 83 BY: MR. FONTANA RE: WAIVE CONSTRUCTION FEES AND CONTRACTOR LICENSE FEES FOR HABITAT FOR HUMANITY FOR 2010/2011 WHEREAS, Habitat for Humanity has an excellent reputation as a not - fur - profit 501 -C -3 organization that provides decent and affordable housing for people in Buffalo; and WHEREAS, The Habitat for Humanity volunteer work force continues to rehabilitate older homes and build new ones to strengthen the City of Buffalo by increasing home ownership and creating additional property tax revenue; and WHEREAS, In 2010, Habitat for Humanity has thus far completed rehab projects at 23 Guilford, 34 Guilford, 40 Norway PI., 20 Ferguson, 22 Ferguson, 227 Laurel, 62 Hazelwood, 23 Palos, 485 Dartmouth, 493 Winspear, 409 Northumberland, 349 Dewitt and 47 Fox; and WHEREAS, Additional rehab projects that are in progress and scheduled to be completed by 2011 include 69 Florida, 16 Prairie, 71 Fox Street and 77 Fox Street; and WHEREAS, By waiving fees for Habitat for Humanity, the City of Buffalo will be directly reducing their building costs and freeing up construction dollars that can be used to complete additional projects; and WHEREAS, Habitat for Humanity spends ninety cents out of each dollar donated on the purchase of construction materials in the Buffalo area, which provides a positive economic impact on the local economy and creates additional revenue for the city when completed projects go back on the tax rolls; and NOW, THEREFORE BE IT RESOLVED, That the Common Council does hereby request that the City of Buffalo Department of Permits & Inspection Services waive all Construction Permit Fees for Habitat for Humanity for the remainder of the 2010 calendar year; and BE IT FURTHER RESOLVED, That the Common Council does hereby request that the City of Buffalo Department of Permits & Inspection Services waive all Construction License Fees for Habitat for Humanity for the period beginning October 1, 2010 and ending September 30, 2011; and BE IT FINALLY RESOLVED, That the City Clerk is directed to send certified copies of this resolution to James Comerford, Commissioner of Permit & Inspections Services; Steven J. Stepniak, Commissioner of Public Works, Parks & Streets; David Rodriguez, Acting Corporation Counsel; and Ronald Talboys, President of Habitat for Humanity, 995 Kensington Avenue, Buffalo, NY 14215. PASSED AYES -8 NOES -0 NO 84 BY: MR. FRANCZYK- COUNCIL PRESIDENT EXCUSE COUNCIL MEMBER SMITH FROM THE OCTOBER 19, 2010 COUNCIL MEETING. ADOPTED 10101:1.1 BY: MR. GOLOMBEK CHALLENGING THE FEDERAL GOVERNMENTS APPROACH TO FAILING BUFFALO SCHOOLS Whereas: The educational system across America is facing problems of epic proportion; and Whereas: The problems facing the system are especially prevalent in the urban centers where the middle class has fled to the suburbs; and Whereas: The easiest approach to addressing the problems with the educational system has been to blame the staff, teachers and administrators of the schools in the urban core of our communities; and Whereas: This approach does not address the real issues that have hurt our educational system, which include students living in poverty, students coming from broken homes and students coming from homes where education is not valued; and Whereas: In a failed attempt to fix the problems in some Buffalo Public schools, the United States government has offered funding to the school district but only if they remove principals of schools that the federal government considers failing; and Whereas: The removal of these administrators will not change the problems facing these schools, but rather exacerbate those issues. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo goes on record in support of Principal Michael Magavero and the dedicated staff of Riverside High School. Be It Further Resolved That: That the federal government be informed that their ideas may look good in Washington, DC, but in Buffalo, NY they will cause more harm then good because the removal of these administrators does not fix the underlying problems that face our educational system. Be It Further Resolved That: That copies of this resolution be sent to the federal legislators that represent the City of Buffalo school district, with a request for their assistance to stop the removal of these administrators. Finally, Be It Resolved That: That this resolution be sent to the appropriate Common Council Committee for further discussion. ADOPT RESOLVES, REFER REMAINDER TO THE SPECIAL COMMITTEE ON EDUCATION BY: COUNCILMEMBER HAYNES NO 86 APPROVAL TO LEASE 450 EXCHANGE STREET /479 -481 ALABAMA GRAPHIC CONTROLS, LLC (PUB HRG 11/3) South Ellicott Phase 2 Urban Renewal Area WHEREAS, the City of Buffalo Urban Renewal Agency (BURA) has approved a Land Lease between BURA and Graphic Controls, LLC; and WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2(d) of the "General Municipal Law" and NOW, THEREFORE, BE IT RESOLVED: 1. That the Mayor, the Chairman, Vice - Chairman, or any duly authorized officer of the City of Buffalo Urban Renewal Agency is hereby authorized to execute any and all documents necessary to lease the property known as 450 Exchange Street and 479 -481 Alabama, located in the South Ellicott Phase 2 Urban Renewal Area to Graphic Controls which is subject to approval of Agency Legal Counsel. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 87 BY: COUNCILMEMBER HAYNES SET PUBLIC HEARING LAND LEASE BETWEEN BURA AND GRAPHIC CONTROLS, LLC — 450 EXCHANGE STREET/ 479 -481 ALABAMA SOUTH ELLICOTT PHASE 2 URBAN RENEWAL AREA WHEREAS, the City of Buffalo Urban Renewal Agency and Graphic Controls, LLC have negotiated an agreement to lease the property known as 450 Exchange Street and 479 -481 Alabama located in the South Ellicott Phase 2 Urban Renewal Area, and; WHEREAS, the terms of said Land Lease have been approved by the City of Buffalo Urban Renewal Agency; and WHEREAS, Article 15A of the "General Municipal Law" requires that the disposition of land may be approved only after a public hearing with due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 24th day of October 2010. 2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the 3rd of November. ADOPTED NO 88 BY: DR. CURTIS HAYNES, JR. SALE OF FORMER PUBLIC SCHOOL 36 BY APPRAISAL WHEREAS: This Honorable Body, by Resolution dated March 16, 2010, approved the sale of former School #36 to Elmwood Village Charter School ( "EVCS ") for $540,000.00 based on the Report and Recommendation of the Appraisal Review Board ( "ARB ") dated March 9, 2010; and WHEREAS: On July 7, 2010, the Honorable Patrick H. NeMoyer, J.S.C. issued a Decision and Order setting aside the Report received by this Honorable Body and its action thereon, based upon, among other things, an alleged failure by the Appraisal Review Board to consider all of the appraisals before it, having arbitrarily set the value of the property at $540,000 and the existence of an unconditional offer to purchase the property submitted by Samuel J. Savarino for use of the property by West Buffalo Charter School ( "WBCS ") for $800,000; and WHEREAS: The $800,000 unconditional purchase offer from Samuel J. Savarino for use by WBCS has not been withdrawn; and WHEREAS: EVCS has been in operation for 4 yrs, during which time the school has continually proven to be a good neighbor and tremendous asset to the community. They have an established track record of student academic success and currently have a waiting list for new students. EVCS has been seeking to purchase the former Public School Number 36 for $540,000 for the expansion of its Charter and has been working with the Days Park Block Club Association and others to ensure community support for their plans; and WHEREAS: EVCS has stated that the acquisition of the building is critical to its expansion; and WHEREAS: WBCS is a newly approved Charter School that has partnered with Buffalo Hearing and Speech, D'Youville College, and the Buffalo Philharmonic Orchestra among others. They have the potential to serve hundreds of underserved Buffalo School children, however as a new school, they have not yet had the opportunity to establish an academic track record or prove whether or not they will be a good neighbor in the community; and WHEREAS: WBCS has asserted that former Public School Number 36 is the only building available of appropriate size and accommodation that would allow them to operate and that they will lose their Charter if they are unable to identify the building as their location before December 1, 2010; and WHEREAS: Both EVCS and WBCS, as potential purchasers, are proposing to use the property for Charter School purposes which would be a benefit to the community and the taxpayers; and WHEREAS: The process for selling the property needs to be fair and transparent to both schools in a way that ensures that the building is sold and occupied as a school as soon as possible; and WHEREAS: The Court's July 7, 2010 Decision and Order rendered this Body's March 16, 2010 Resolution to sell the property for $540,000 null and void, therefore now enabling this Honorable Body to determine the appropriate City Charter prescribed method of sale; and WHEREAS: Any prior applications for appraisals are deemed null and void by virtue of the Court's July 7, 2010 Decision and Order; and WHEREAS: The Court's decision specifically noted a failure of the City to follow correct procedures per section 27 -5 of the Charter, including the Council failing to determine a fair appraisal by retaining an appraiser from a list of appraisers established by the ARB; and WHEREAS: The Court identified several incidents of unfairness and bias in the manner of the City's handling of the sale of this property; and WHEREAS: The Court further noted a failure of the ARB to review submitted appraisals in full and to inform the Council of the results of the appraisals and its recommendation; and WHEREAS: With the Court having concluded that there has been several procedural failures and arbitrary and unlawful behavior, it is highly unlikely that, given past legal precedent, the City of Buffalo would be successful on appeal of this decision; and WHEREAS: The Court's decision also noted that it would not necessarily be arbitrary or unlawful for the City to reject an offer of a higher purchase price from one prospective buyer in favor of a monetarily lower but socially more beneficial offer from a different purchaser; and WHEREAS: The property is unique in both its location in a local and national historic district, Allentown, and on a park designed by Frederick Law Olmsted and unique because of the decades long stewardship of the residents for the landscape and surrounding community; and WI /EREAS: There remain serious community concerns about this site becoming rental property and there is a long- standing community relationship with EVCS; and WHEREAS: To sell this property by auction would be unfair to EVCS and to pursue an appeal of the Court's decision would be unfair to WBCS since it would deny them the opportunity to house their school in a timely manner and risk their charter; and WHEREAS: It is important to ensure the readiness of this property for use as a school, and to avoid a delay of another year before there is tenancy; and WHEREAS: It is the responsibility of the Council to act on this matter in a timely fashion that complies with the City Charter, and only by a new and fair process and appraisal can this matter be decided. NOW THEREFORE BE IT RESOLVED: That this Honorable Body hereby provides that the property owned by the City commonly known as 40 Days Park and former Buffalo Public School #36 be independently appraised as soon as possible by a properly chosen appraiser on the ARB list; and BE IT FURTHER RESOLVED: That both interested parties be notified of the opportunity for them to provide new appraisals for consideration; and BE IT FURTHER RESOLVED: That the property be sold in an "as is" condition subject to the conditions that: 1. It be used as a school for the next fifty years with the City of Buffalo retaining a reverter (or reversionary interest) in said property should it discontinue being used as an active school for a period of more than six consecutive months during said fifty year time period measured from the time of closing; and 2. The purchaser of the property must at closing release the City (and the City School District) from all environmental liability and must indemnify the City (and the City School District) from all environmental liability related to the property; and BE IT FINALLY RESOLVED: That said conveyance can only be further initiated by a two - thirds vote of the Council pursuant to §27 -4 of the City Charter and would be subject to the additional requisite approvals contemplated by the provisions of said City Charter as well as by approval of the Buffalo Fiscal Stability Authority. PASSED AYES -8 NOES -0 NO 89 BY: MICHAEL P. KEARNS WAIVE CONSTRUCTION FEES, CONTRACTOR LICENSE FEES, AND DISPOSAL FEES AT SOUTH OGDEN TRANSFER STATION FOR AMERICORPS AND CAZENOVIA RESOURCE CENTER, JOINTLY OPERATING AS 49 BUFFUM, LLC. WHEREAS, 49 Buffum is the most historically significant house on the most historically significant street in South Buffalo. Horace Buffum, an early settler and carriage maker, built the first house on Buffum prior to the Civil War. He and his family lived in the house for many years and, while living at 49 Buffum, the family grew fruits and vegetables and also raised chickens; and WHEREAS, 49 Buffum is historically and culturally significant not only because of its age, but also because of its possible role as part of the Underground Railroad. It has been said that the sub - basement of the home is linked to a cave that connected to the site of the Seneca Mission School, and may have once been used by escaping slaves; and WHEREAS, In 2008, a fire caused extensive damage to 49 Buffum and the house was slated for demolition. Through the tireless efforts of residents and community groups however, 49 Buffum was saved; and WHEREAS, The Cazenovia Resource Center and AmeriCorps joined together to form 49 Buffum, LLC, through which they have purchased the property and committed to completely renovating the house and returning it to its original glory; and WHEREAS, When renovations are complete, 49 Buffum will be the site of the South Buffalo Heritage Center and will also serve as housing for AmeriCorps volunteers, who earn a modest stipend for working to strengthen and improve homes and neighborhoods; and WHEREAS, It is in the City's best interest to seek ways to ensure that its historic treasures are restored, rehabilitated and reused and 49 Buffum is an important piece of Buffalo's history and an important link to the past. NOW, THEREFORE BE IT RESOLVED, That the Common Council does hereby request that the City of Buffalo Department of Permits and Inspection Services waive all Construction Permit Fees for 49 Buffum, LLC., for the remainder of the 2010 and the entire 2011 calendar year; and BE IT FURTHER RESOLVED That the Common Council does hereby request that the City of Buffalo Department of Permits and Inspection Services waive all Contractor License Fees for 49 Buffum, LLC., for the remainder of the 2010 and the entire 2011 calendar year; and BE IT FURTHER RESOLVED That the Common Council does hereby request that the City of Buffalo Department of Public Works, Parks & Streets waive Disposal Fees at South Ogden Transfer Station for 49 Buffum, LLC., for the remainder of the 2010 and the entire 2011 calendar year; and BE IT FINALLY RESOLVED That the City Clerk is directed to send certified copies of this resolution to James Comerford Commissioner of Permit & Inspections Services; Steve Stepniak, Commissioner of Public Works, Parks & Streets; and David Rodriguez, Acting Corporation Counsel. PASSED AYES -8 NOES -0 NO 90 SPONSOR: MR. LOCURTO REQUESTING THAT THE COMPTROLLER AUDIT BERC PROGRAMS Whereas: On July 6, 2010, a copy of a letter sent to E.J. Walton, Chief Financial Officer of the Buffalo Economic Renaissance Corporation ( "BERC "), was filed with this Honorable Body which requested an accounting of all monies allocated by all Common Council Members to BERC's CARE, Sign and other programs for the last four fiscal years and the current year to date; and Whereas: This letter was drafted in conjunction with a meeting conducted to provide an update on the ongoing dissolution of BERC, which was attended by Janet Penksa on behalf of the City administration and BERC; and Whereas: Although more than three months have passed since this request for an accounting was made, the Common Council has still not received any of the information requested; and Whereas: The Common Council and the taxpayers of the City of Buffalo have a right to know how funds that were allocated to BERC have been expended; what these funds were used for; whether any of these funds remain unspent at this time; and for what purposes any unspent funds remaining can be used; and Whereas: With the demand for funding far outstripping the City's ability to provide financial resources, it is critical that all funding allocated to BERC be properly accounted for and that all unspent funds remaining be identified. Now, Therefore, Be It Resolved: That the Common Council respectfully requests that the Comptroller of the City of Buffalo take immediate steps to conduct an audit of BERC in order to account for all monies allocated by all Common Council Member's to BERC's CARE, Sign, and other programs for the last four fiscal years and the current year to date. ADOPT RESOLVE, REFER REMAINDER TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 91 SPONSOR: MICHAEL J. LOCURTO BUFFALO OLMSTED PARKS CONSERVANCY GRANT APPLICATION TO NEW YORK STATE OFFICE OF PARKS, RECREATION, AND HISTORIC PRESERVATION: RECREATIONAL TRAILS PROGRAM WHEREAS: The Buffalo Olmsted Parks Conservancy is applying to the New York State Office of Parks, Recreation and Historic Preservation for a grant under the Recreational Trails Program for a trail project to be located Delaware Park a site located within the territorial jurisdiction of this Board of Trustees and WHEREAS: As a requirement under the rules of these programs, said not - for - profit corporation must obtain the "approval /endorsement of the governing body of the municipality in which the project will be located "; NOW, THEREFORE, BE IT RESOLVED: By this august body that the Council of the City of Buffalo hereby does approve and endorse the application of Buffalo Olmsted Parks Conservancy for a grant under the Recreational Trails Program for a trail project known as "Point of the Meadow Gateway Enhancement Project" and located within this community. If the project is taking place on municipally -owned land, the following must be added: BE IT FURTHER RESOLVED THAT: Should Buffalo Olmsted Parks Conservancy be unable to do so, said property shall be maintained by City of Buffalo consistent with the rules promulgated by OPRHP. ADOPTED BY MR. SMITH NO 92 NO 93 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, October 26, 2010 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, October 26, 2010 at 10:00 o'clock A.M Committee on Comm. Dev. Tuesday, October 26, 2010 at 1:00 o'clock P.M. Committee on Legislation Tuesday, October 26, 2010 at 2:00 o'clock P.M. (Public Disclaimer): All meetinas are subiect to chanae and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time aiven for notification. it will be provided. In addition. there may be meetinas set uD wherebv the Citv 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 94 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mrs. Russell, the Council adjourned at 3:30 P.M. GERALD CHWALINSKI CITY CLERK October 19, 2010 FELICITATIONS /IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Reverend Richard "Duke" Zajac By Councilmember Michael P. Kearns Felicitation for Patricia Elaine Clark By Councilmember Demone A. Smith ADOPTED NO 93 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, October 26, 2010 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, October 26, 2010 at 10:00 o'clock A.M Committee on Comm. Dev. Tuesday, October 26, 2010 at 1:00 o'clock P.M. Committee on Legislation Tuesday, October 26, 2010 at 2:00 o'clock P.M. (Public Disclaimer): All meetinas are subiect to chanae and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time aiven for notification. it will be provided. In addition. there may be meetinas set uD wherebv the Citv 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 94 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mrs. Russell, the Council adjourned at 3:30 P.M. GERALD CHWALINSKI CITY CLERK October 19, 2010