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Home My WebLink About10-0622-0617ppNO. 13 PROCEEDINGS OF THE CITY OF BUFFALO JUNE 22, 2010 PENSION PROCEEDING JUNE 17, 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 CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, JUNE 22 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, Smith -9 Absent - 0 On a motion by Mr. Fontana, Seconded by Mr. Rivera, the minutes of the stated meeting held on June 8, 2010 were approved. INVOCATION PLEDGE TO FLAG DATE June 22, 2010_ **FINAL** MAYOR 1. Appoint Commissioner of EDPI(Comerford) APP MAYOR - EXECUTIVE 2. Plan Bd -SEQR -1031 Michigan, SNF- Kaleida Health(Ell) R &F 3. Plan Bd- SEQR -Bflo Nia Med Campus- Height Variance ADOPT 4. Plan Bd- SEQR -Bflo Nia Med Campus- Projects Whose Cost Exceed $100,000.00 ADOPT 5. Strat Plan -Amend Lease Agmt Btwn COB and Grassroots Garden APP 6. Strat Plan - Approve Lease Agmt Btwn COB and NBCC FIN 7. Strat Plan -Perm to Contract With and Fund Up to $300,000 to Colored Musicians Club, Inc APP 8. Strat Plan - Report of Sale -148 Loepere(Fill) APP 9. Strat Plan - Report of Sale -114 Shumway(Fill) APP 10. Strat Plan - Report of Sale -27 South (Fill) APP 11. Strat Plan - Report of Sale -126 Vandalia(Fill) APP 12. Strat Plan -St. John Baptist Church -Req to Use Vacant Lot -1412 Jefferson(Mas)-APP COMPTROLLER 13. Interfund Cash Loan R &F 14. Response- Policy for Selling City Owned Assets FIN 15. Appt Senior Accountant(Prov)(2" Step)(Wachowski) CS ASSESSMENT 16. Response Assessment Reform in COB FIN 17. Request Approval of Certificate of Current Base Proportions(2010 Roll) APP 18- 17A. Request Approval of Certificate of Adjusted Base Proportions 2010 Roll APP PUBLIC WORKS 19- 18. Ferry St Lift Bridge- Emergency Repair Project APP 20- 19. Lowering City Energy Costs - Fluorescent Lighting FIN 21- 20. Perm to Engage Services- Consulting Eng.- Groundwater Monitoring(North) FIN 22- 21. Perm to Increase Contract - Wendel Duchacherer (Mas) APP 23- 22. Req for Proposals- Design & Constr Admin Sery for South Bflo Legacy Complex FIN 24- 23. Report of Bids - Historical Society -Air Conditioning (North) APP 25- 24. Report of Bids -MEK Jr Park - Splash Pad (Mas) APP 26- 25. Report of Bids -Park Shelter Restoration Project- MEK(Mas) APP 27- 26. Report of Bids -Water Dist System Improvements - Various APP 28- 27. Washington St Bus Shelter Within ROW APP 29- 28. Appt Assistant Wtr Distribution Superintendent (Perm)(Inter)(Wolasz Jr.) CS POLICE 30- 29. Drug Asset Forfeiture Wire Transfers R &F CORPORATION COUNSEL 31- 30. Claims Committee Agenda FIN PERMITS AND INSPECTIONS 32- 31. Restaurant Dance License Renewal -1104 Elmwood(North) APP 33- 32. Sidewalk Cafe -727 Elmwood(Del) LEG 34- 33. Sidewalk Cafe -45 W. Chippewa(Ell) LEG 35- 34. Used Car Dealer -549 Tonawanda(North) APP ADMINISTRATION AND FINANCE 36- 34A Interfand Cash Loan FIN HUMAN RESOURCES LL Intro #8- Amending Charter In Relation to The Creation of 37- 35. Response to MIS Selling Obsolete Equipment FIN ZONING BOARD OF APPEALS 38- 36. Approved SNF -1031 Michigan(Ell) R &F CITY CLERK 101- 66. Russell 39- 37. Response- Policy for Selling Obsolete City Assets FIN 40- 38. Liquor License Applications R &F 41- 39. Notices of Appointment- Seasonal R &F 42- 40. Notices of Appointments- Temp/Prov/Perm CS MISCELLANEOUS 43- 41. D. B aker-NYDOT-B each Lead Tracks of CSX over Fuhrmann Blvd TRANS,PW 44- 42. K. Connor - Report- Fishing for Taxpayer Cash -Bass Pro CD 45- 43. Bflo Olmsted Parks Consery -Anne Harding Joyce Named Chair of Olmsted Parks Conservancy R &F 46- 44. Bflo Olmsted Parks Conserv- Upcoming Public Input Meeting -Jesse Kregal Pathway Improv Proj R &F 47- 45. Bflo Water Bd- Monthly Water Board Report May 2010 R &F 48- 46. LP Ciminelli -Board Packet Documents June 2010 R &F 49- 47. D. Elfner -NYS Dept of Pub. Serv. - "Energy Efficiency: Use Less Energy. Save More Green" Public Awareness Campaign CD 50- 48. D. Franczyk -S. Knight FEMA- Response for Light Detection and Ranging LEG 51- 49. R. Henderson - Request All Plans Pertaining to 669 Hertel Ave R &F 52- 50. M. Kearns - Article- Grants & Financial Incentives Available to Upgrade Solid Waste Fleet FIN,PW 53- 51. M. Kearns -J. Logan- Concerns Verizon FiOS LEG 54- 52. M. Kearns -Non Partisan Elections Approved in California LEG 55- 53. M. Kearns - Subsidies for Bass Pro CD 56- 54. J. Makowski -Req Independent Audit - Marine Dr Apartments LEG,COMPT 57- 55. J. Makowski - Resident Council Interest in Resuming a Co -op Form for MngtLEG 58- 56. PUSH -Info Green Development Zone -Mass Ave Park CD 59- 57. PUSH - Update- Community Plan for the Mass Ave Neighborhood Park CD 60- 58. D. Smith -Bflo School Parents Recommend Changes for Suspension Policy CD PETITIONS 61- 59. P. Tsoufliois, Owner, Use 708 Elmwood -To Alter Facade of Building and Rebuilding Existing Outdoor Cafe(Del)(pub hrg 6/29) LEG,CBPD 62- 60. T. Flynn, Agent, Use 1175 William for a Ground Sign(Fill)(no pub hrg) LEG,CPBD RESOLUTIONS 94- 60A. Franczyk Close Club Chit Chat ADOPT RES, REM LEG 95- 61. Golombek LL Intro #6- Amending Charter in Relation to Dept of Public Works, Parks and Streets APP 96- 62. Golombek LL Intro #7- Amending Charter in Relation to Dept of Community Services and Recreational Programming APP 97- 62A. Golombek LL Intro #8- Amending Charter In Relation to The Creation of Department of Parking APP 98- 63. Haynes Grant Permission to Hang Banner -Bflo Infringement Festival 99- 64. LoCurto Permission to Hang "Heartlight" Banner ADOPT 100- 65. Russell Budget & Personnel Amendment -Dept of Law FIN 101- 66. Russell Budget & Personnel Amendment - Strat Plan FIN 102- 67. Smith Develop an Urban Renewal Plan In Conjunction With Strat Plan for the Central Park Neighborhood CD 103- 67A. Smith HRM Reg NYS Leg to Amend V &T Law in Relation to Directing COB to Adjudicate Traffic Infractions ADOPT 104- 68. Smith National Night Out ADOPT 105- 69. Smith Req Permission to Erect 12 Vertical "Street Pole Banners' Grider St APP W /COND 106- 69A Smith Ord Amendment Ch 197 -Resp Tobacco Product Retailing LEG 107- 70. Smith Comm of Deeds Public Duties ADOPT 108- 71. Smith Comm of Deeds ADOPT 109- 72. Smith Felicitation in Memorium ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 63- 1. Com 24 June 8 Appt Associate Auditor (Perm)(2 d Step)(Somani)(Compt) APP 64- 2. Com 25 June 8 Appt Junior Data Control Clerk(Prov)(Inter)(Gartz)(Compt) R &F 65- 3. Com 44 June 8 Appt Deputy Commissioner (Exempt)(Gugliuzza)(Fire) R &F 66- 4. Com 58 June 8 Notices of Appointments- Temp /Prow /Perm(Cty Clk) R &F FINANCE 67- 5. Com 32 June 8 Perm to Accept Funds LaSalle Park Phase I(EII)(PW) APP 68- 6. Com 33 June 8 Perm to Accept Funds LaSalle Park, Phase II(EII)(PW) APP 69- 7. Com 36 June 8 Perm to Hire Consultant -City Buildings(Various Districts)(PW)APP 70- 8. Com 39 June 8 Report of Bids - Bicycle Rack Installation -Phase II(PW) APP 71- 9. Com 40 June 8 Report of Bids - Sycamore Village Entry Walls & Fence Installation(EII)(PW) APP 72- 10. Com 45 June 8 Approval of Contract With BMHA(CC) RECOMMITT 73- 11. No 90 June 8 Change Order for 2009 Citywide Tree Removal(PW)( #28, 5/25)_R &F COMMUNITY DEVELOPMENT 74- 12. Com 52 June 8 Approval to Transfer One (1) Home in Sycamore Vill. Sub - 381 Sycamore(Ell)(BURA) APP 75- 13. Res 150 June 8 Approval to Transfer One (1) Home in Sycamore Vill- 381 Sycamore (Ell)(Hrg 6/22) R &F LEGISLATION 76- 14. Com 46 June 8 77- 15. No 62 June 8 78- 16. No 73 June 8 79- 17. No 74 June 8 80- 18. No 75 June 8 81- 19. Com 10 May 25 82- 20. No 58 May 25 83- 21. No 56 April 27 84- 22. No 34 April 13 85- 23. No 57 May 25 86- 24. No 51 Mar 16 87- 25. No 41 Feb 2 88- 26. Com 37 May 25 89- 27. Com 38 Mav 25 90- 28. Com 39 Mav 11 91- 29. Res 85 Oct 13 92- 30. No 120 July 21 93- 31. Res 128 Mar 17 Food Store License (New) -163 West Ferry (Nia)(EDPI) APP R. Fontana -F. Fogarty -Time Warner Response to COB Renewal_R &F S. Gedra, Owner, Use 478 Elmwood To Erect a Seasonal Enclosure on an Existing Outdoor Cafe(Nia)(no pub hrg) APP D. Muscoreil, Owner, Use 88 W Chippewa - Sidewalk Cafe in Front of an Existing Sit -In Rest(Ell)(no pub hrg) APP B. Baumker, Agent, Use 2000 Elmwood to Erect an Illuminated Pole Sign (north)(no pub hrg) APP Support Amendment to Fruit Belt Renewal Area(Strat Plan)R &F J. Fogarty -Time Warner Cable -City of Buffalo Renewal R &F M. Kearns - Concerns Required Time Warner Digital Set Box R &F S. Zylka- Protecting America Against Continental Shutdown R &F R. Fontana -C. McNierney- Concerns Ambulance Response in COB = R &F J. Smith - Response Concerns Rural /Metro Medical Services R &F C. McNiernev- Concerns Rural /Metro Medical Services in Buffalo_R &F Food Store License (New) -2483 Bailey(Lov)(EDPI) APP Food Store License (New) 2534 Bailey(Lov)(EDPI) APP /COND Food Store License (New) -1027 Smith(Fill)(EDPI) APP Eliminate Foreclosure on Properties due to Nonpayment of Water and Sewer Bills ADOPT Change of Time for Alternate Parking ADOPT Allow Btle Wtr as a Food Item Under WIC to Combat Lead Poisoning ADOPT 2 ND RES, REM IN LEG FROM THE MAYOR NO. 1 APPOINTMENT - COMMISSIONER OF PERMIT AND INSPECTION SERVICES Pursuant to §17 -1 of the Charter of the City of Buffalo, I hereby appoint James W. Comerford, 435 Eden Street, Buffalo, New York, 14220 to the position of Commissioner of Permit and Inspection Services effective July 1, 2010. Mr. Comerford has been serving as Deputy Commissioner of Economic Development, Permit and Inspection Services since August 20, 2007. Mr. Comerford has served with distinction and is well qualified to discharge the duties of Commissioner of Permit and Inspection Services. I respectfully request Your Honorable Body to confirm Mr. Comerford as the Commissioner of Permit and Inspection Services at your earliest opportunity. Mr. Fontana moved: That the above communication from the Mayor dated June 16, 2010, be received and filed; and That the appointment of James W. Comerford as Commissioner of Permit and Inspection Services effective July 1, 2010, be and hereby is approved. PASSED AYES -9 NOES -0 FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD NO. 2 1031 MICHIGAN AVENUE, SKILLED NURSING FACILITY, KALEIDA HEALTH Dear Mr. Romanowski: The City of Buffalo Planning Board, at a meeting held on Tuesday, June 1, 2010, considered the matter captioned above pursuant to Section 511 -137 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 511 -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 approve as presented the site plan, design and elevations dated July 20, 2009 for the construction of a Skilled Nursing facility on the property located at 1031 Michigan Avenue, Buffalo New York. This approval is valid until June 1, 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. RECEIVED AND FILED NO. 3 STATE ENVIRONMENTAL QUALITY REVIEW ACT INVOLVED AGENCY FINDINGS STATEMENT FINDINGS TO APPROVE Pursuant to Article 8 (State Environmental Quality Review Act - SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617, the City of Buffalo Zoning Board of Appeals, as an Involved Agency, makes the following findings. Buffalo Niagara Medical Campus - North End Development Skilled Nursing Beds at Buffalo General Hospital Applicant: Kaleida Health SEQRA Status: Type 1, Positive Declaration Description of Action: Kaleida Health is proposing to construct the Skilled Nursing Beds at Buffalo General Hospital ( "SNF ") on the block stretching from East North Street to High Street between Michigan Avenue and Maple Street, Buffalo, New York. Location: 1031 Michigan Avenue, Buffalo, New York Lead Agency: City of Buffalo Planning Board Agency Jurisdiction: Pursuant to §511 -146 of the Charter and Code of the City of Buffalo ( "Code ") and New York General City Law §81 -b, the City of Buffalo Zoning Board of Appeals ( "ZBA ") has jurisdiction to consider applications for variances from the requirements of the Code. Here, the Applicant is seeking a Height Variance from the limitations found in §511 -29(a) of the Code. Date Final Generic Environmental Impact Statement Accepted: January 14, 2009 Date of Lead Agency's Findings Statement: January 27, 2009 William P. Grillo City of Buffalo Office of Strategic Planning 901 City Hall Buffalo, New York 14202 Phone: (716) 851 -5086 Facts and Conclusions Relied on to Support the Decision: Kaleida Health, Ciminelli Development and the Buffalo Niagara Medical Campus submitted various applications to the City of Buffalo (City) associated with the BNMC -North End Projects. SEQRA requires state or local governments to assess the potential environmental impacts of their actions during the planning, review, and decision - making processes for those actions. The public (City, County and State) approvals and permits required for the individual BNMC - North End Projects constitute the "Action" subject to SEQRA. The intent of SEQRA is to ensure that governmental decision - making is a balance of social, economic, and environmental factors be considered and weighed in reaching decisions on proposed activities or actions. Therefore, Agencies must determine whether a proposed action may have a significant effect on the environment, and if so, prepare or request that an environmental impact statement be prepared. Pursuant to SEQRA, the City of Buffalo Planning Board determined that the Action was a Type I Action and sought and received concurrence from other Involved and Interested Agencies to be the Lead Agency. Then, on September 23, 2008, the Planning Board determined that cumulatively, the Projects may have a significant impact upon the environment and issued a Positive Declaration, requiring the Project Sponsors to prepare a DGEIS in accordance with the Planning Board - approved Scope. The Project Sponsors prepared and submitted the DGEIS to the Planning Board for review. On October 7, 2008, the Planning Board found the DGEIS to be in compliance with 6 NYCRR Part 617.9(b), and made a determination that it was adequate to begin public and agency review. The DGEIS was provided to all involved and Interested Agencies and to the public at various repositories and on the City of Buffalo's website. The subsequent public comment period began on October 7, 2008 and concluded on November 18, 2008. A public hearing on the DGEIS was held at the Buffalo & Erie County Public Library on November 6, 2008. Input from the public review process was received in the form of written comments to the Planning Board throughout the public comment period and as oral /written comments received during the public hearing. The Planning Board determined that all the comments should be addressed in the form of a FGEIS. After reviewing the comments, the Planning Board requested that the Project Sponsors prepare the FGEIS. Pursuant to 6 NYCRR Part 617.9(b)(8), the Planning Board reviewed the FGEIS prepared by the Applicants and determined that the FGEIS was complete on January 13, 2009. On January 15, the FGEIS was provided to all Involved and Interested Agencies and to the public at various repositories and on the City of Buffalo's website. The FGEIS addresses specific substantive comments raised during the public comment period and discusses mitigation measures which should be used to minimize potential negative impacts from the Projects to the maximum extent practicable. The Zoning Board of Appeals ( "ZBA "), as an Involved Agency in this process, received and reviewed all of the documentation cited above. On April 30, 2010, Kaleida Health ( "Kaleida ") submitted a Site Plan and Area Variance Application ( "Application ") to the City of Buffalo Planning Board and ZBA. The Application included a Letter of Intent ( "LOI "), a Full Environmental Assessment Form ( "FEAF ") and other relevant exhibits to the ZBA. Kaleida is seeking an Area Variance to accommodate the height of the proposed SNF. The proposed height of the SNF will be a total of four (4) stories and approximately 67' above grade. Section 511 -29(a) limits the height of structures in the C -1 District to three (3) stories and 40'. 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 review the potential environmental impacts of a project to assess whether the action has the potential to have significant adverse environmental impacts. The Project Sponsors prepared a Draft Genetic Environmental Impact Statement ( "DGEIS ") and Final Generic Environmental Impact Statement ( "FGEIS ") for the entire North End Development on the Buffalo Niagara Medical Campus. Pursuant to the process set forth in the DGEIS, FGEIS and the Planning Board's Findings Statement, the Applicant has prepared and submitted to the ZBA the aforementioned FEAF specifically for the construction of the SNF to assist the ZBA in reviewing potential impacts of the requested variance. The DGEIS and FGEIS also specifically analyzed the potential impacts of a skilled nursing facility of this size and location and found that the impacts were minimal. As such, the proposed construction of the SNF was fully analyzed as part of the Planning Board's SEQRA review and the ZBA has determined and concurred that the requested Area Variance is consistent with the analysis and findings of the City of Buffalo Planning Board as evidenced by its Findings Statement dated January 27, 2009. Therefore, the ZBA joins in the determination of the Planning Board that the potential environmental impacts of the requested variance are minimal. Additionally, Kaleida will be required to comply with all mitigation measures identified in the Planning Board's Findings Statement. Pursuant to §511 -146 of the Code and New York General City Law §81 -b(4), the ZBA has considered the potential impacts of the requested height variance, the benefits to the Applicants and weighed them against the health, safety and welfare of the neighborhood and the community and has determined that the benefit to the Applicant outweighs any detriment associated with the requested variance. CONCLUSION After evaluating the cumulative environmental, economic, and social impacts of the proposed SNF, and more specifically, the requested height variance, the City of Buffalo Zoning Board of Appeals is adopting a feasible, prudent and practicable alternative which best balances environmental impacts with social, economic, and other essential considerations, and that allows for mitigation of all environmental impacts to the greatest extent reasonable and practicable. Certification to Approve: Having considered the DGEIS, FGEIS, FEAF and the Findings Statement of the City of Buffalo Planning Board, as Lead Agency, and having considered the proceedings, facts, and conclusions relied on to meet the requirements of 6 NYCRR Part 617 (State Environmental Quality Review Act [SEQRA]) the Statement of Findings certifies that: 1. The City of Buffalo Zoning Board of Appeals has considered the relevant environmental impacts, facts, and conclusions disclosed in the DGEIS and the FGEIS and their supporting materials; 2. The City of Buffalo Zoning Board of Appeals has weighed and balanced the relevant environmental impacts with social, economic, and other considerations; 3. The City of Buffalo Zoning Board of Appeals, as and Involved Agency, has provided a 4. The requirements of Article 8 of the Environmental Conservation Law and the implementing regulations, 6 NYCRR Part 617 (State Environmental Quality Review Act [SEQRA]) have been met; 5. Consistent with social, economic, and other essential considerations from among the reasonable alternatives available, the actions to be carried out are those which avoid or minimize, to the maximum extent practicable, adverse environmental impacts disclosed in the DGEIS, FGEIS and FEAF; and 6. That adverse environmental impacts will be minimized or avoided to the maximum extent practicable by incorporating, as conditions to this decision, those mitigating measures which were identified as practicable in the Planning Board's Findings Statement dated January 27, 2009. Filing: The City of Buffalo Zoning Board of Appeals' designees are hereby directed to file and distribute this Findings Statement as required by Article 8 of the Environmental Conservation Law and the implementing regulations, 6 NYCRR Part 617 (State Environmental Quality Review Act [SEQRA]). Certification: These findings were adopted by majority vote of the City of Buffalo Zoning Board of Appeals at a duly called meeting held on May 26, 2010. City of Buffalo Zoning Board of Appeals Name of City of Buffalo Zoning Board of Appeals, 901 City Hall, 65 Niagara Square, Buffalo, New York 14202 Address of Lead Agency Mr. Fontana moved: That the above communication from the Office of Strategic Planning, be received and filed; and That the Common Council does hereby adopt the Negative Declaration, Notice of Determination of Non - significance for Kaleida Health to construct Skilled Nursing Beds at Buffalo General Hospital in accordance with Article 8 of the New York State Environmental Quality Review Act of the New York State Environmental Conservation Law (SEQRA) and 6 N.Y.C.R.R. Part 617, seeking a Height Variance from the limitations found in §511 -29(a) of the Code from the City of Buffalo Zoning Board of Appeals. ADOPTED NO.4 STATE ENVIRONMENTAL QUALITY REVIEW ACT FINDINGS STATEMENT FINDINGS TO APPROVE Pursuant to Article 8 (State Environmental Quality Review Act - SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617, the City of Buffalo Planning Board makes the following findings. Buffalo Niagara Medical Campus - North End Development Skilled Nursing Beds at Buffalo General Hospital Applicant: Kaleida Health Seqr Status Type I Positive Declaration Description of Action: Kaleida Health is proposing to construct the 200,000 sq. ft. + / -, 300 bed, Skilled Nursing Beds at Buffalo General Hospital ( "SNF ") on the block stretching from East North Street to High Street between Michigan Avenue and Maple Street, Buffalo, New York. Location: 103 1 Michigan Avenue, Buffalo, New York Lead Agency: City of Buffalo Planning Board Agency Jurisdiction: Pursuant to §511 -137 of the Charter and Code of the City of Buffalo ( "Code "), the City of Buffalo Planning Board ( "Planning Board ") has jurisdiction to consider site plan applications for projects whose costs exceed $100,000.00. Date Final Generic Environmental Impact Statement Accepted: January 14, 2009 Date of Lead Agency's Findings Statement: January 27, 2009 William P. Grillo City of Buffalo Office of Strategic Planning 901 City Hall Buffalo, New York 14202 Phone: (716) 851 -5086 Facts and Conclusions Relied on to Support the Decision: Kaleida Health, Ciminelli Development and the Buffalo Niagara Medical Campus submitted various applications to the City of Buffalo (City) associated with the BNMC -North End Projects. SEQRA requires state or local governments to assess the potential environmental impacts of their actions during the planning, review, and decision - making processes for those actions. The public (City, County and State) approvals and permits required for the individual BNMC - North End Projects constitute the "Action" subject to SEQRA. The intent of SEQRA is to ensure that governmental decision - making is a balance of social, economic, and environmental factors be considered and weighed in reaching decisions on proposed activities or actions. Therefore, Agencies; must determine whether a proposed action may have a significant effect on the environment, and if so, prepare Or request that an environmental impact statement be prepared. Pursuant to SEQRA, the Planning Board determined that the Action was a Type I Action and sought and received concurrence from other Involved and Interested Agencies to be the Lead Agency. Then, on September 23, 2008, the Planning Board determined that cumulatively, the Projects may have a significant impact upon the environment and issued a Positive Declaration, requiring the Project Sponsors to. prepare a DGEIS in accordance with the Planning Board - approved Scope. The Project Sponsors prepared and submitted the DGEIS to the Planning Board for review. On October 7, 2008, the Planning Board found the DGEIS to be in compliance with 6 NYCRR Part 617.9(b), and made a determination that it was adequate to begin public and agency review. The DGEIS was provided to all Involved and Interested Agencies and to the public at various repositories and on the City of Buffalo's website. The subsequent public comment period began on October 7, 2008 and concluded on November 18, 2008. A public hearing on the DGEIS was held at the Buffalo & Erie County Public Library on November 6, 2008. Input from the public review process was received in the form of written comments to the Planning Board throughout the public comment period and as oral /written comments received during the public hearing. The Planning Board determined that all the comments should be addressed in the form of a FGEIS. After reviewing the comments, the Planning Board requested that the Project Sponsors prepare the FGEIS. Pursuant to 6 NYCRR Part 617.9(b)(8), the Planning Board reviewed the FGEIS prepared by the Applicants and determined that the FGEIS was complete on January 13, 2009. On January 15, the FGEIS was provided to all Involved and Interested Agencies and to the public at various repositories and on the City of Buffalo's website. The FGEIS addresses specific substantive comments raised during the public comment period and discusses mitigation measures which should be used to minimize potential negative impacts from the projects to the maximum extent practicable. The Planning Board, as Lead Agency in this process, received and reviewed all of the documentation cited above. On April 30, 2010, Kaleida Health ( "Kaleida ") submitted a Site Plan and Area Variance Application ( "Application ") to the City of Buffalo Planning Board and Zoning Board of Appeals, The Application included a Letter of Intent ( "LOI "), a Full Environmental Assessment Form ( "FEAF') and other relevant exhibits to the Planning Board. Kaleida is seeking Site Plan approval for the approximately 200,000 sf., 300 -bed skilled nursing facility. 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 review the potential environmental impacts of a project to assess whether the action has the potential to have significant adverse environmental impacts. The Project Sponsors prepared a -Draft Generic Environmental Impact Statement ( "DGEIS') and Final Generic Environmental Impact Statement ( "FGEIS ") for the entire North End Development on the Buffalo Niagara Medical Campus. Pursuant to the process set forth in the DGEIS, FGEIS and the Planning Board's Findings Statement, the Applicant has prepared and submitted to the Planning Board the aforementioned FEAF specifically for the construction of the SNF to assist the Planning Board in reviewing potential impacts of the Project. The DGEIS and FGEIS also specifically analyzed the potential impacts of a skilled nursing facility of this size and at this location and found that the impacts were minimal. As such, the proposed construction of the SNF was fully analyzed as part of the Planning Board's SEQRA review and the Planning Board has determined that the Project submitted as part of this Application is consistent with the analysis and findings of the Planning Board in its original Findings Statement dated January 27, 2009. As set forth in the original Findings Statement, Kaleida will be required to comply with all mitigation measures identified in the original Findings Statement. CONCLUSION After evaluating the cumulative environmental, economic, and social impacts of the proposed SNF, and more specifically, the requested site plan approval, the City of Buffalo Planning Board is approving the proposed Site Plan as the feasible, prudent and practicable alternative which best balances environmental impacts with social, economic, and other essential considerations, and that allows for mitigation of all environmental impacts to the greatest extent reasonable and practicable. Certification to Approve: Having considered the DOEIS, FOEIS, FEAF and the original Findings Statement, and having considered the proceedings, facts, and conclusions relied on to meet the requirements of 6 NYCRR Part 617 (State Environmental Quality Review Act [SEQRA]) the Statement of Findings certifies that: 1. The City of Buffalo Planning Board has considered the relevant environmental impacts, facts, and conclusions disclosed in the DGEIS, FGEIS and FEAF and their supporting materials; 2. The City of Buffalo Planning Board has weighed and balanced the relevant environmental impacts with social, economic, and other considerations; 3. The City of Buffalo Planning Board, has provided a rationale for its decision; 4. The requirements of Article 8 of the Environmental Conservation Law and the implementing regulations, 6 NYCRR Part 617 (State Environmental Quality Review Act [SEQRA]) have been met; 5. Consistent with social, economic, and other essential considerations from among the reasonable alternatives available, the actions to be carried out are those which avoid or minimize, to the maximum extent practicable, adverse environmental impacts disclosed in the DGEIS, FGEIS and FEAF; and 6. That adverse environmental impacts will be minimized or avoided to the maximum extent practicable by incorporating, as conditions to this decision, those mitigating measures which were identified as practicable in the Planning Board's Findings Statement dated January 27, 2009. Filing: The City of Buffalo Planning Board's designees are hereby directed to file and distribute this Findings Statement as required by Article 8 of the Environmental Conservation Law and the implementing regulations:., 6 NYCRR Part 617 (State Environmental Quality Review Act [SEQRA]). Certification: These findings were adopted by majority vote of the City of Buffalo Planning Board at a duly called meeting held on June 1, 2010. Mr. Fontana moved: That the above communication from the Office of Strategic Planning, be received and filed; and That the Common Council does hereby adopt the Negative Declaration, Notice of Determination of Non - significance for Kaleida Health to construct Skilled Nursing Beds at Buffalo General Hospital in accordance with Article 8 of the New York State Environmental Quality Review Act of the New York State Environmental Conservation Law (SEQRA) and 6 N.Y.C.R.R. Part 617 for the approval of the site plan for the construction of a 200,000 square toot, 300 bed facility at a cost of more than $100,000. ADOPTED NO. 5 AMEND LEASE AGREEMENT BETWEEN CITY OF BUFFALO AND GRASSROOTS GARDENS OF BUFFALO TO INCLUDE 754 - 756 -760 AND 828 GLENWOOD ITEM NO. 12, C.C.P. 10/3/2006 In the above referenced item your Honorable Body approved a lease agreement between the City of Buffalo and Grassroots Gardens of Buffalo, Inc. The agreement allows Grassroots Gardens of Buffalo, Inc. to add additional garden locations during the term of the lease. The Office of Strategic Planning, Division of Real Estate, received a request from Grassroots Gardens of Buffalo, Inc. to amend the lease between the City of Buffalo and Grassroots Gardens of Buffalo, Inc. to include 754, 756, 760 and 828 Glenwood Ave., all sponsored by the Glenwood - Fillmore - Kehr Block Club, c/o Larry Williams and Irene Melson, 724 Glenwood Ave., Buffalo NY 14211,465 -3153. The request was reviewed by the Land Use Planning Committee at their meeting on May 19, 2010. The Committee had no objections to releasing the vacant city owned parcels for use as community gardens. All other terms and conditions of the lease approved by the Common Council on October 3, 2006 for the period of September 1, 2006 through October 31,2010, shall remain the same. I am recommending that your Honorable Body approve amending the lease agreement between the City of Buffalo and Grassroots Gardens of Buffalo, Inc. to include the listed properties. I am further recommending that the Corporation Counsel be authorized to prepare the necessary documents to amend the lease and that the Mayor be authorized to execute the same. John P. Hannon, Jr. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated June 11, 2010, he received and filed; and That the Director of Real Estate be, and he hereby is authorized to amend the lease between the City and Grassroots Gardens of Buffalo, Inc., to include 754, 756 and 828 Glenwood. That the Acting Corporation Counsel be authorized to prepare the necessary documents to amend the lease and that the Mayor be authorized to execute the same. PASSED AYES -9 NOES -0 FROM THE OFFICE OF STRATEGIC PLANNING NO. 6 APPROVE LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND THE NORTH BUFFALO COMMUNITY DEVELOPMENT CORPORATION FOR OPERATION OF THE LAFAYETTE ICE RINK LOCATED AT 124 TACOMA A.K.A. 160 TACOMA (DELAWARE DISTRICT) ITEM# 4 CCP #10/13/2009 Pursuant to Item No. 4, C.C.P. 10/13/09, Your Honorable Body authorized a one (1) year lease agreement between the City of Buffalo and the North Buffalo Community Development Corporation for the operation of the Lafayette Ice Rink located at 124 Tacoma (a.k.a. 160 Tacoma). This lease is for the period of May 21,2009 through May 20, 2010. The Office of Strategic Planning, Division of Real Estate, has received a request from Donald Morris, Board President, requesting to renew their lease for an additional one (1) year period. The lease would commence on May 21, 2010 and expire on May 20, 2011. The North Buffalo Community Development Corporation has applied for a $200,000.00 grant through Senator Thompson's Office for capital improvements. The Grant is still in the process of being approved. The North Buffalo Community Development Corporation needs to have a written lease renewal in place in order to obtain this grant. Their request to renew this lease was forwarded to the Law Department, Dept. of Public Works, Parks and Streets, Community Services and Audit and Control and there were no objections. All other terms and conditions of said lease agreement shall remain the same including but not limited to the following: 1. The Operator annual rent shall be One Dollar ($1.00). 2. The Operator shall be allowed to provide the activities that it determines appropriate providing that all major tenants currently occupying the rink will be guaranteed the same days and hours of operation. Any changes in the scheduling will be mutually agreed to by the Operator and existing tenants. Any expansion of existing hours of operation will be the responsibility of the Operator including but not limited to employee scheduling. 3. Rental Fees - The hourly rental fees and public skating fees should be the same as those prescribed in the City's annual budget. Any change and /or increase in fees exceeding ten percent (10 %) shall require approval of the City of Buffalo's Common Council. 4. Utilities - The City will be responsible for all utility costs for the existing term of this lease. 5. Maintenance - The Operator shall be responsible for all routine maintenance to the facility. All capital improvements including the ice surface shall be the responsibility of the City. 6. Advertising - The Operator may sell advertising rights to that portion of the rink which it determines appropriate in order to raise revenues and to assist in offsetting the cost of its programs. All advertising revenues shall be the property of the Operator. 7. Insurance - The Operator shall provide insurance as deemed necessary by the City's Corporation Counsel Office. This office recommends that Your Honorable Body renew their lease agreement for a one (1) year period commencing on May 21, 2010 and expiring on May 20, 2011. 1 am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE, NO. 7 PERMISSION TO CONTRACT WITH AND FUND UP TO $300,000 TO COLORED MUSICIANS CLUB, INC. The City of Buffalo Office of Strategic Planning respectfully requests that Your Honorable Body approve the attached proposed Agreement with the Colored Musicians Club, Inc. (CMC) for the City to fund the amount of up to $300,000 to be applied towards the costs associated with CMC's capital improvements for CMC's building located at 145 Broadway Avenue and the installation of state of the art museum exhibits celebrating the CMC's eighty -one year history. CMC will continue to improve CMC's 3,840 square foot building on CMC's property at 145 Broadway to provide handicapped accessibility, much needed capital improvements; and to develop a museum space celebrating the rich jazz history of the Club. CMC intends to complete all work in time for the 2011 National Preservation Conference being held by the National Trust for Historic Preservation in Buffalo. I am recommending that Your Honorable Body authorize the City's provision of up to $300,000 in funding from the City of Buffalo to the Colored Musicians Club, Inc. in order facilitate the Colored Musicians Club's capital improvements and museum implementation project and that Your Honorable Body further authorize the Mayor on behalf of the City to enter into an Agreement (in substantially the form attached hereto) with the Colored Musicians Club for up to $300,000 in funding for the Colored Musicians Club's capital improvements and museum implementation project and that Your Honorable Body further authorize the Mayor and all other pertinent City personnel to take all such actions and to execute such documents as are appropriate to carry out the intention of the foregoing. AGREEMENT FOR MANAGEMENT. IMPLEMENTATION AND DELIVERY OF SERVICES WITH THE CITY OF BUFFALO This Agreement is made this day of 2010 by and between THE CITY OF BUFFALO (hereinafter referred to as "City ") a municipal body under the laws of the State of New York, having its offices at 65 Niagara Square, Buffalo, New York 14202, and The Colored Musicians Club, a not - for - profit- corporation, organized and existing pursuant to the laws of the State of New York, having its principal office at 145 Broadway Avenue, Buffalo, New York 14203, (hereinafter the "Grantee "). WHEREAS, the Grantee has proposed a program entitled: the Colored Musicians Club Capital Improvements and Museum Implementation Project (hereinafter referred to as the "Project ") under which the Grantee's National Register listed, historic structure at 145 Broadway Avenue will undergo capital improvements and the installation of museum exhibits. Whereas, the City has available the sum of up to $300,000.00 in funds which the City has determined to use as grant funds (the "$300,000.00 Grant ") as a development incentive for the further renovation and rehabilitation of 145 Broadway and for development of state of the art multi media museum exhibits at the Grantee's historic Club at 145 Broadway in the City of Buffalo. Now, therefore, in consideration of the foregoing and the $300,000 Grant, the parties hereto agree as follows: City and Grantee agree that the foregoing recitals are true and hereby incorporate all of said recitals into this Agreement. Grantee agrees that the construction of improvements and operation of the Project will be done in accordance with the New York State Building Code, applicable zoning limitations and other local requirements, and agrees to obtain necessary zoning variances and all governmental permits necessary to develop, construct and occupy the Project at the Premises. The Grantee hereby agrees to defend and indemnify the City to the fullest extent permitted by law and in furtherance of this indemnification the Grantee shall provide proof of the following insurance through production of a Binder or insurance certificates in a form approved by City's Corporation Counsel as to the following. A. Insurance Type /Description a. Workers' Compensation and Employer's Liability Insurance - covering the Grantee as named Insured for his liability under the law. The Grantee shall provide proof of Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement. Such proof shall be on the New York Form. b. New York State Disability Benefits Insurance -as required by law. Comprehensive Bodily Injury and Property Damage Liability insurance, covering and naming the City of Buffalo as additional insured with the following limits a. General Aggregate $1,000,000. b. Products - Completed Operations Aggregate Limit $1,000,000. C .Personal Injury Limit $1,000,000 d. Each Occurrence Limit $1,000,000 Comprehensive Automobile Liability Insurance - Combined Single limit of $1,000,000 covering bodily injury and property damage. Each insurance policy and certificate of insurance shall contain a provision providing that it shall not be canceled by the Grantee or insurance company without thirty (30) days written notice to the City of its intention to cancel. C. Insurance policies shall only be written by insurance companies authorized to do such business in the State of New York, covering operations under this Agreement. D. The Grantee shall supply a certificate of insurance which names the City of Buffalo as additional insured. The "Description of Operations Locations Vehicles Exclusions added by Endorsement /Special Provisions" section shall state: "The City of Buffalo is listed as Additional Insured under the General Liability policy in connection with the Capital Improvement and Museum Implementation Project at 145 Broadway in Buffalo, NY." City does not assume and shall not be held liable for any costs, debts, or liabilities incurred by the Grantee or any officer, agent or employee of the Grantee, incurred beyond the scope of this Agreement, and the Grantee agrees to the fullest extent permitted by law to hold the City harmless from any such cost, debt or liability arising out of the Grantee's activities related to this Agreement. In case of any ambiguity in the terms of this Agreement, the preparation and maintenance of any and all reports, documents, and records, the administrative or fiscal procedures to be followed, and the interpretation of any and all federal, state, local, or departmental statutes, rules, regulation, laws or ordinances, the matter must be immediately submitted to the City which shall resolve the same and its decision in relation thereto shall be final and conclusive upon the Grantee to the extent provided by the law. Execution of the terms of this Agreement shall be in strict compliance with all applicable Federal, State and local laws and regulations concerning the avoidance of any conflict of interest. The Grantee represents that none of its employees, officers, compensated members, or consultants benefiting from this Agreement are or for the duration of the term of this Agreement will be employees of the City of Buffalo nor are their immediate family members employees of the City of Buffalo nor will their employees, officers, compensated members, or consultants obtain a financial interest under the terms of this Agreement, either for themselves or those whom they have immediate family or business ties, during their tenure or for one year thereafter, unless such potential conflict is identified and waived by City. Violation of the terms of this agreement shall be cause for termination of this Agreement, and a voidance of any benefit to the Grantee otherwise created for the Grantee concurrent with the Conflict of Interest. The parties agree that the Grantee and its officers, agents, and employees shall neither claim nor represent by use of any work, symbol, seal or logo that any individual engaged in Project activity or the Project itself or the Grantee is any City division, department, officer, agent, employee, or part of the government or administration of the City of Buffalo. Provided, however, that in all public statements or communications regarding the Project, the Grantee shall indicate in some manner that the City furnishes funds for the Program. The Grantee agrees not to assign, transfer, convey, or otherwise dispose of this Agreement or any right, title, obligation, or interest it may have therein, without prior written consent from the City. Any such assignment, transfer, conveyance, or disposition of this Agreement, or any right, title, or interest therein without prior written consent of the City will relieve the City of any and all liabilities and obligations growing out of this Agreement to the Grantee or to the person or corporation to which this Agreement shall have been assigned, transferred, conveyed, or otherwise disposed of and the Grantee and its assignees or transferees shall forfeit and lose all moneys theretofore earned under this Agreement. The Grantee agrees that neither the funds provided for the Project, nor the personnel employed in the administration of the Project, shall be in any way or to any extent engaged in the conduct of political activities in contravention of the Hatch Act (Chapter 15 of Title 5, United States Code). The Grantee, to the fullest extent permitted by law, shall defend, indemnify and save harmless the City and their officers and employees from all claims, suits, actions, damages, losses, and costs of every name and description to which the City may be subjected or put by reason of any injury to the person or property of another, or the property of the City, resulting from the negligence or carelessness, active or passive, of the Grantee, its employees, agents or subcontractors, in the performance of any work under this Agreement or related to the Project. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed and the Grantee has caused this Agreement to be duly executed in its name by its duly authorized representative on or as of the first day above written. Colored Musicians Club, Inc. Mr. Fontana moved That the Common Council hereby authorizes the City's provision of up to $300,000 in funding from the City of Buffalo to the Colored Musician's Club, Inc in order to facilitate the Colored Musician's club for up to $300,000 in funding for the Colored Musicians club's capital improvements and museum implementation project and that your honorable Body further authorize the Mayor and all other pertinent City Personnel to take all such actions and to execute such documents as are appropriate to carry out the invitation of the attached item PASSED AYES -9 NOES -0 NO. 8 REPORT OF SALE 148 LOEPERE, 315.11'S SYCAMORE LOT SIZE: 30'X 108' ASSESSED VALUATION: $1,600.00 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Mohammed M. Islam, 135 Loepere Street, Buffalo, New York 14212 to purchase 148 Loepere Street. Mr. Islam owns a two family house at 150 Loepere, which is adjacent to 148 Loepere. He intends to use the vacant lot for additional green space for his tenants. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Two Cents ($.42) to Fifty Cents ($.50), per square foot. Mr. Islam has agreed and is prepared to pay One Thousand Three Hundred Dollars ($1,300.00), Forty One Cents ($.41) 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 148 Loepere to Mr. Mohammed Islam 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 June 15, 2010, be received and filed; and That the offer from Mr. Mohammed M. Islam, residing at 135 Loepere Street, in the sum of One Thousand and Three Hundred Dollars ($1,300.00) for the purchase of 148 Loepere, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO. 9 REPORT OF SALE 114 SHUMWAY, 450' S PECKHAM LOT SIZE: 30'X 105' ASSESSED VALUATION: $1,700.00 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Aaron Bailey, Jr., 118 Shumway Street, Buffalo, New York 14201 to purchase 114 Shumway Street. Mr. Bailey owns and resides at 118 Shumway, which is adjacent to 114 Shumway. He intends to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Cents ($.40) to Fifty Two Cents ($.52), per square foot. Mr. Bailey has agreed and is prepared to pay One Thousand Three Hundred Dollars ($1,300.00), Forty One Cents ($.41) 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 114 Shumway to Mr. Aaron Bailey 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 June 15, 2010, be received and filed; and That the offer from Mr. Aaron Bailey, Jr. residing at 118 Shumway Street, in the sum of One Thousand and Three Hundred Dollars ($1,300.00) for the purchase of 114 Shumway, be and hereby is accepted; and That the transfer tax, recording fees and Cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to .prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO 10 STRAT PLAN - REPORT OF SALE 27 SOUTH (FILL) E Corner of Kentucky Lot Size: 25'x 11 6' Assessed Valuation: $1,700.00 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Dominic Trigilio and Mrs. Diane Trigilio, 9312 Sitka Spruce Court, Clarence Center, New York 14032 to purchase 27 South Street. Mr. and Mrs. Trigilio own a one family house at 35 Kentucky, which is adjacent to 27 South. They intend to erect a handicap ramp on the vacant lot with additional green space for their tenant. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Sixty -Five Cents ($.65) to Ninety Cents ($.90), per square foot. Mr. and Mrs. Trigilio have agreed and are prepared to pay One Thousand Seven Hundred Dollars ($1,700.00), Fifty -Eight Cents ($.58) 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 27 South to Mr. and Mrs. Trigilio 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. JOHN P. HANNON, JR. DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated June 15, 2010, be received and filed; and That the offer from Mr. Dominic Trigilio and Mrs. Diane Trigilio, 9312 Sitka Spruce Court, Clarence Center, in the sum of One Thousand and Seven Hundred Dollars ($1,700.00) for the purchase of 27 South, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO 11 STRAT PLAN - REPORT OF SALE 126 VANDALIA(FILL) 99.33' N O'Connell Lot Size: 26'x 102' Assessed Valuation: $1,600.00 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Paul C. Budzyn, 132 O'Connell Street, Buffalo, New York 14204 to purchase 126 Vandalia Street. Mr. Budzyn own and resides at 132 O'Connell, which is adjacent to 126 Vandalia. He intends to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Fifty -Eight Cents ($.58) to Ninety Cents ($.90), per square foot. Mr. Budzyn has agreed and is prepared to pay One Thousand Six Hundred Dollars ($1,600.00), Sixty Cents ($.60) 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 126 Vandalia to Mr. Paul Budzyn in the amount of One Thousand Six Hundred Dollars ($1,600.00). 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. John P. Hannon, Jr. Director of Real Estate Office of Strategic Planning Mr. Fontana moved That the above communication from the Office of Strategic Planning dated June 15, 2010, be received and filed; and That the offer from Mr. Paul C. Budzyn, residing at 132 O'Connell Street, in the sum of One Thousand and Six Hundred Dollars ($1,600.00) for the purchase of 126 Vandalia, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO 12 STRAT PLAN -ST. JOHN BAPTIST CHURCH REQUEST TO USE CITY -OWNED VACANT LOT LOCATED AT 1412 JEFFERSON, SOUTH CORNER WOODLAWN LOT SIZE: 96 X 100 (MASTEN) The Office of Strategic Planning, Division of Real Estate, has received a request from St. John Baptist Church to use 1412 Jefferson for their annual tent revival. St John Baptist Church intends to have a tent revival from July 13th, 2010 through July 15, 2010. They will also need to use the City owned property on July 12 and July 16 -h for set up and clean -up. They have agreed to obtain and provide proof of insurance in the amount of $1,000,000.00 naming the City of Buffalo as additional insured. They have also agreed to apply for a Special Use Permit and /or any other permits that are deemed necessary. The Land Use Planning Committee was contacted and they have no objections. I am recommending that Your Honorable Body approve the request of St. John Baptist Church to use 1412 Jefferson Avenue upon the above terms and conditions. I am further recommending that the Office of Strategic Planning prepare and execute the necessary use agreement. JOHN P. HANNON, JR. DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated June 7, 2010, be received and filed; and That the Director of Real Estate be, and he hereby is authorized to grant permission to St. John Baptist Church to use 1412 Jefferson Avenue from July 12 -16, 2010, upon the above terms and conditions. That the Office of Strategic Planning prepare and execute the necessary use agreement. PASSED AYES -9 NOES -0 FROM THE COMPTROLLER NO 13 INTERFUND CASH LOAN Certain Federal and State aided programs require a cash advance until the program is operating and reimbursement is received. I have reviewed the program listed below and determined the cash needs to be warranted. I have approved an interfund cash loan to be made in the maximum amount of $550,000 as needed subject to your approval. Loan is payable at date of reimbursement. FROM: 1000 - General Fund TO: 3189 - Safe Routes to School GRANT TITLE: Safe Routes to School Project GRANT AGENCY: New York State Department of Transportation GRANT AMOUNT: $550,000.00 LOAN AMOUNT: Maximum of $550,000.00 Estimated Date of Repayment: June 30, 2011 RECEIVED AND FILED NO 14 RESPONSE - POLICY FOR SELLING CITY -OWNED ASSETS Item No. 158, C.C.P., 6/8/10 The Common Council has requested a response from the Department of Audit and Control regarding the development of a policy for selling City -owned assets that have become surplus, obsolete, or worn out. The Comptroller's Office has no objection to developing such a policy as prescribed in the Council Communication, with the provisions that the policy requires the following stipulations: that copies of such sales transactions are filed with the Accounting Division to insure proper accounting treatment of disposed assets, and any information stored on electronic assets such as computers, cell phones, or other data storage devices be thoroughly erased before transferring ownership from the City. If you have any further questions on this matter, please feel free to contact the Department of Audit and Control. REFERRED TO THE COMMITTEE ON FINANCE NO 16 APPT SENIOR ACCOUNTANT(PROV)(2 STEP)(WACHOWSKI) CERTIFICATE OF APPOINTMENT Appointment effective June 7, 2010 in the Department of Audit and Control Division of Audit to the Position of Senior Accountant Provisional Appointment Second Step Starting Salary of $44,834.00 Ronald L. Wachowski, 134 Weimar Street Buffalo 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO 16 RESPONSE ASSESSMENT REFORM IN COB Item #153, June 8, 2010 It has been, is now and always will be the intent and main focus of The Department of Assessment and Taxation to put forth an assessment roll that is both fair and equitable to all property owners in The City of Buffalo, ensuring that property owners pay only their fair share of the tax burden. We remain open to all suggestions for a more effective means to continue to maintain a fair and equitable assessment roll. We are willing to implement any procedural changes on behalf of the real property owners of City of Buffalo to help in our quest to accomplish our annual mandated goal of providing a fair and equitable assessment roll for all property owners. We welcome and look forward to a hearing that will include local and regional experts on assessment practices in an open and frank discussion of.., addressing real assessment reform..." in the City of Buffalo. Together with appropriate staff representatives from the Department of Assessment and Taxation, I will be pleased to attend and look forward to this discussion. In regard to local and regional experts the appropriate Common Council Committee may wish to invite, I respectfully submit the following correction for "...New York's Bureau of Assessment..." as cited in Mr. LoCurto's June 11, 2010 Resolution. The correct organizational title is: New York State Office of Real Property Services (ORPS). NYS Office of Real Property Services (ORPS) Genesee County Building 2 3837 West Main Road Batavia, NY 14020 (585) 343 -4363 Fax: (585) 343 -9740 E -mail address: Internet .Western @corps. state. ny.us . Joseph Muscarella, Director - Western Region Patricia Valve, Western Regional Manager Upon request of the committee, we will be pleased to suggest additional attendees with expertise in the field of mass appraisal and assessments. Martin F. Kennedy Commissioner of Assessment and Taxation REFERRED TO THE COMMITTEE ON FINANCE NO 17 REQUEST APPROVAL OF CERTIFICATE OF CURRENT BASE PROPORTIONS 2010 ROLL Attached find Certificate of Base Percentages, Current Percentages and Current Base Proportions. I am respectfully requesting that Your Honorable Body approve the aforementioned Certificate pursuant to Article 19 of the Real Property Tax Law. Article 19 was added to the Real Property Tax Law in 1981 for the purpose of mitigating the shift of taxes to residential property as a result of reassessment in municipalities with a homestead and a non - homestead taxing system. A proportional ratio is established between the two classes in the base year, the roll used for certification as an approved assessing unit. For the City of Buffalo our base year is 1991. Thereafter each successive roll is adjusted for changes in the number and values of parcels in the two classes and the ratio is applied to determine the amount of the levy to be collected from each class of properties. This Certificate was prepared by the Department of Assessment and Taxation with the assistance of the New York State Office of Real Property Service, pursuant to the Real Property Tax Law and the Rules and Regulations of the Office of Real Property Service. Upon approval of this Certificate, kindly direct the City Clerk to sign, date and forward said Certificate to the New York State Office of Real Property Service, Equalization Rate Bureau, 16 Sheridan Avenue, Albany, New York 12210 -2714. Also, kindly direct the City Clerk to furnish this department with a copy of the approved Certificate. Mr. Fontana moved: That the above communication from the Commissioner of Assessment and Taxation dated June 14, 2010, be received and flied; and That the Common Council approve the attached Certificate of Base Percentages, Current Percentages and Current Base Proportions pursuant to Article 19 of the Real Property Tax Law. That the City Clerk be, and he hereby is authorized to sign, date and forward said Certificate to the New York State Office of Real Property Service, Equalization Rate Bureau, 16 Sheridan Avenue, Albany, New York 12210 -2714 and to forward a copy to the Department of Assessment and Taxation. PASSED AYES -9 NOES -0 NO 18 REQUEST APPROVAL OF CERTIFICATE OF ADJUSTED BASE PROPORTIONS 2010 ROLL Attached find Certificate of Adjusted Base Proportions. I am respectfully requesting that your Honorable Body approve the aforementioned Certificate pursuant to Article 19 of the Real Property Tax Law. Article 19 was added to the Real Property Tax Law in 1981 for the purpose of mitigating the shift of taxes to residential property as a result of reassessment in municipalities with a homestead and a non - homestead taxing system: A proportional ratio is established between the two classes in the base year, the roll used for certification as an approved assessing unit. For the City of Buffalo our base year is 1991. Thereafter each successive roll is adjusted for changes in the number and values of parcels in the two classes and the ratio is applied to determine the amount of the levy to be collected from each class of properties. This Certificate was prepared by the Department of Assessment and Taxation with the assistance of the New York State Office of Real Property Service, pursuant to the Real Property Tax Law and the Rules and Regulations of the Office of Real Property Service. Upon approval of this Certificate, kindly direct the City Clerk to sign; date and forward said Certificate to the New York State Office of Real Property Service, Equalization Rate Bureau, 16 Sheridan Avenue, Albany, New York 12210 -2714. Also, kindly direct the City Clerk to furnish this department with a copy of the approved Certificate. Martin F. Kennedy Commissioner, Assessment & Taxation Mr. Fontana moved: That the Common Council approves the attached Certificates of Adjusted Base Proportions pursuant to Article 19 of the Real Property Tax Law. That the City Clerk be, and he herby is authorized to sign, date and forward said Certificate to the New York State Office of Real Property Services, Equalization Rate Bureau, 16 Sheridan Avenue, Albany, NY 12210 -2714 and to forward a copy to the Department of Assessment and Taxation. PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO 19 FERRY ST. LIFT BRIDGE - EMERGENCY REPAIR PROJECT Item #20, C.C.P. 02/02/10 1 have received bids on June 7, 2010 for the Ferry Street Lift Bridge Emergency Bridge Repair Contract. In obtaining bids for the above project, I have asked for bids on a unit price basis covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of material entering into the work and may be more or less than the total bid. The following bids were received: Contractor Total Bid Hohl Industrial Services, Inc. $229,596.57 (Low) 770 Riverview Blvd. Tonawanda, New York 14150 STC Construction, Inc. $235,700.00 PO Box 459 Springville, New York 14141 BVR Construction Company, Inc. $263,175.00 244 Lake Avenue Rochester, New York 14608 1 hereby certify that the lowest responsible bidder for the above project is Hohl Industrial Services, Inc. and respectfully recommend that your Honorable Body order the work and the cost thereof to be charged to Bond Fund 32310106 - 445100 in an amount not to exceed $229,596.57, plus a 10% unit price increase for an additional amount of $22,960.00 for a total award of $252,556.57. The Engineer's Estimate for this work is $240,435.00. The above is certified to be a true and accurate statement of the bids received. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 14, 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 the Ferry Street Lift Bridge, to Hohl Industrial Services, Inc., the lowest responsible bidder, in an amount not to exceed $229,596.57 plus a 10% unit price increase for an additional amount of $22,960.00 for a total award of $252,556.57. Funds for the project are available in Bond Fund 32310106 - 445100. PASSED AYES -9 NOES -0 NO 20 LOWERING CITY ENERGY COSTS BY SWITCHING OVER TO COMPACT FLUORESCENT LIGHTING Finance Item No. 21, Res 93, CCP 01/19/10 This item is in response to Councilmember LoCurto's Resolution No. 93, January 19, 2010 "Lowering City Energy Costs by Switching Over to Compact Fluorescent Lighting." The Department of Public Works has been actively involved in using energy conservation measures since 1995, including compact fluorescent lighting. We have retrofitted over 20,000 fixtures in 65 buildings, and reduced demand for the City of Buffalo by a total of 1340.4 KW and saved a total of 4,228,520 KWH As a result, the cost avoidance to the City of Buffalo is $7,456,881.00. REFERRED TO THE COMMITTEE ON FINANCE NO 21 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR CONTINUING GROUNDWATER MONITORING & WETLANDS MITIGATION NORTH I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire Malcolm Pirnie as consultant to provide engineering services for post closure monitoring including required routine groundwater sampling and analysis, required reporting to the NYSDEC & USACE including the coordination of all required meetings, and the required wetlands mitigation and re- location, enhancement, and monitoring. They have been the Consultant for the landfill closure from the beginning and have been intimately involved in all aspects and have been the point of contact for the City with respect to NYSDEC and Army Corp of Engineers. The original project included study, detailed design, and construction management for the purpose of implementing the closure including all required remediation and mitigation of the northern area landfill located on Squaw Island. As part of the closure and permit for this location, groundwater monitoring and wetland mitigation is required. The costs for consulting services are estimated not to exceed $150,000.00. The funds are available in Capital account(s) 31310906 445100, an account to be named at a later date. Peter J. Merlo, P.E., City Engineer FOR REFERRED TO THE COMMITTEE ON FINANCE NO 22 PERMISSION TO INCREASE CONTRACT WENDEL DUCHSCHERER CONTRACT #93000369 MASTEN DISTRICT I hereby submit to Your Honorable Body the following change for this contract. Wendel Duchscherer is the engineering consultant for the Reconstruction of the MLK Park Humbolt Basin - Splash Pad Project for the City of Buffalo. This increase is necessary for additional services in order to provide uninterrupted services through completion of construction. This includes design, bid, construction phase services for the Reconstruction of the MLK Park Humbolt Basin - Splash Pad Project. DPW has moved forward with the approved project to undertake the analysis, design and construction of enhanced water features as part of the Phase 2 Improvements to the Humboldt Basin in Martin Luther King Jr. Park. Wendel Duchscherer Architects & Engineers was commissioned as lead consultant to facilitate the successful completion of this important community and city -wide project. The following narrative chronicles the project strategy: 1. In Wendel's Phase 1 base contract, Wendel has completed a Technical Memorandum necessary to define the exact project scope, issues, concerns, potential solutions and related costs. Most notable was defining the circulation system to be used for the Basin (re- circulation vs. once through system), which had major implications for all other decisions to follow. The approved Technical Memorandum No. 1 resulted in a defined project, with a defined scope and budget, providing the consultant team the necessary information to move forward. 2. Wendel has completed the demolition bid package to hire a contractor for demolition of the Basin floor with the goal being to take advantage of the favorable bidding climate. Wendel will provide full time inspection services for the Basin demolition work as well as construction administration. 3. Wendel has completed design development plans (60% drawings) to keep the project moving and on schedule Change Order No. 1: This change order, Wendel will perform the necessary services to project completion including: preparation of 100% plans and specifications, bidding, construction completion, construction inspection and project close out services. I respectfully certify that this increase is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said increase for $214,674.00. The funds are available in Capital Projects account 324000406 445100. Original Contract Amount Phase 1: $ 235,000.00 Previous Change Order: $ 000.00 This Change Order Phase 2: $ 214.674.00 Total $ 449,674.00 Peter J. Merlo, P.E. City Engineer Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 6, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order to Wendel Duchscherer, Contract #93000369 for the Reconstruction of the MLK Park Humboldt Basin - Splash Pad Project, an increase in the amount of $214,674.00, as more fully described in the above communication. Funds for this project are available in Capital Projects account 324000406 445100. PASSED AYES -9 NOES -0 NO 23 REG FOR PROPOSALS - DESIGN & CONSTR ADMIN SERV FOR SOUTH BUFFALO LEGACY COMPLEX Request for Proposals Design & Construction Administration Services for South Buffalo Legacy Park & Center; Phase I Gentlemen; The Common Council of the City of Buffalo has established a comprehensive plan to develop a vacant parcel of land into combination Park, Athletic Field and Sports Center in South Buffalo. As part of that plan, the Department of Public Works, Parks & Streets is requesting proposals for Professional Services to prepare bidding documents and provide construction oversight for the Phase 1 portion of the work. Sealed proposals will be received until 3:00 PM, local time, on Jane 3, 2010 in the Office of the Commissioner, Room 502, City Hall, 63 Niagara Sq. Buffalo, New York 14202 -3305. Proposals received after this time will not be accepted. A Pre - submittal Meeting Will be held on May 20, 2010 at 10 AM, local time, at the Buffalo City Hall, Room 616 located at 65 Niagara Sq. At this time the requirements of the Request for Proposals will be reviewed and any questions regarding the proposals and work to be done will be answered. A site visit may follow or be scheduled after the meeting. In general, the selected Consultant shall provide professional environmental, architectural and engineering analysis and design. Consulting services shall be phased as described below. Professional services are expected to be sequential; therefore, work on each phase shall not start until the City provides the Consultant written direction to do so. The selected consultant shall provide all design, bidding assistance and construction management for the initial, Phase I, of the Buffalo Legacy Complex. Background: The City currently holds the ownership of a parcel of land bounded by Marilla St., rear of the property line of the structures on Zollars St., RR Right -of -Way and a salvage yard. The site is to be developed into a recreational area. The Phase 1 portion of the project calls for: • Site investigation and update of existing Phase 1 Environmental investigation; if required perform Phase II investigations as needed. • Site design, including but not limited to clearing and landscaping. Space is to be designed so that follow on phases can be completed without disruption of already completed work; this would consist of a sports /community building and additional parking /landscaping. • Installation of site utilities; including but not limited to water (including site sprinkler system), sewer, gas, communications and electric utilities • Design and construction of the Phase 1 Field House(s) providing: Locker rooms, rest rooms, storage and food preparation /sales, as well as mechanical spaces for electrical load centers and sprinkler controls, etc. • Road Design /Construction • Field and site lighting The Consultant shall be responsible to inspect the site with respect to space limitations, utilities available including but not limited to power, water service and sewer. Consult with the City Engineer or his designee as to usage and desirable features. The Consultant shall then prepare all plans and specifications as needed including, if required, separate bid packages to comply with the NYS Wick's Law fur the construction of the Phase 1 facilities; including but not limited to original documents, pry-bid meetings and preparation of addendums as required. The Consultant shall assist the City of Buffalo DPW /P &S with bid evaluation. Additionally shall act as the Construction Manager for the project. At the conclusion of the warranty period the Consultant shall provide services for warranty close out. Prospective Firms should read the details of the various phase requirements here in attached below. Copy Available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON FINANCE NO 24 REPORT OF BIDS HISTORICAL SOCIETY AIR CONDITIONING - PHASE 1 JOB #1023 NORTH DISTRICT I advertised for on May 14, 2010, and received the following formal sealed bids for the Historical Society, Air Conditioning, Phase I, which were publicly opened and read on June 15, 2010. Base Bid + Alt #1 + Alt #2 Hoot Mechanical & Electrical $54,500 $ 7,200 $ 9,000 Niagara 54 Bridlewood, Lockport, NY Greater Mechanical $74,300 $10,600 $13,400 7311 Ward, N Tonawanda, NY John W. Danforth Co. $79,295 $10,200 $11,965 300 Colvin Woods, Tonawanda, NY Alternate #1: Provide & install (1) one ton terminal unit and (1) % ton terminal unit as shown on plans, including all wiring and piping. Alternate #2: Provide & install (2) two ton terminal units as shown on plans, including all wiring and piping. I hereby certify that the foregoing is a true and correct statement of all bids received and that Hoot Mechanical & Electrical with a Base Bid of $54,500.00, add Alt. #1 for $7,200.00, add Alt. #2 for $9,000.00, for a total bid price of Seventy Thousand Seven Hundred and 00/100 Dollars ($70,700.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Parks, Parks & Streets to order on the basis of the lowest responsible bid. Funding for this project is available in 39320206 445100 - Buildings. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 16, 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 the Historical Society, Air Conditioning, Phase 1, Job #1023 to Hoot Mechanical & Electrical, the lowest responsible bidder, in the Base Bid of $54,500.00, add Alt. #1 for $7,200.00, add Alt. #2 for $9,000.00 for a total bid of $70,700.00. Funds for the project are available in 39320206 445100 - Buildings. PASSED AYES -9 NOES -0 NO 26 REPORT OF BIDS MLK, JR. PARK HUMBOLDT BASIN SPLASH PAD EQUIPMENT JOB #1026 MASTEN DISTRICT I advertised for on May 19, 2010 and received the following formal sealed bids for MLK, Jr. Park, Humboldt Basin, Splash Pad Equipment, which were publicly opened and read on June 11, 2010. Bill Simione & Associated, Inc. $249,999.00 5 Krey Blvd., Rensselaer, NY Titan Development $339,950.00 8534 Seaman, Gasport, NY Vortex $497,340.00 238 Avro Pree, Pointe - Claire, QC Aquatic Recreation $634,000.00 6500 Carlson Dr. Eden Prairie, MN I hereby certify that the foregoing is a true and correct statement of all bids received and the low bidder is Bill Simione & Associates, Inc., in accordance with the plans and specifications. The contract award is anticipated to be in the amount of $274,998.90 ($249,999.00 base bid + 10% increase $24,999.90 = $274,998.90). 1 recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funds for this project are available in 32400406 445100. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 16, 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 MLK, Jr. Park, Humboldt Basin, Splash Pad Equipment, Job #1025 to Bill Simione & Associates, Inc., the lowest responsible bidder, in the amount of $274,998.90 ($249,999.00 base bid + 10% increase $24,999.90 = $274,998.90. Funds for the project are available in 32400406 445100. PASSED AYES -9 NOES -0 NO 26 REPORT OF BIDS PARK SHELTER RESTORATION PROJECT DR. MARTIN LUTHER KING JR. PARK ( MASTEN) This is to advise your Honorable Body that I have advertised for and received bids on June 16, 2010 for Park Shelter Restoration at MLK Park. The following bids were received for the Project: 1- R.W. Painting, Inc. $573,500.00 2- Miller Enterprises, Inc. $640,000.00 3- Hadala Construction, Inc. $658,000.00 1 herby certify that the lowest responsible bidders is R.W. Painting, Inc. Also, I respectfully recommend that your Honorable Body authorize a contract award in the amount of $630,850.00 (Base Bid $573,500 + a $57,350 — 10% Unit Bid increase = $630,850.00). This Project is Funded by Grant from New York State Dormitory Authority and the City of Buffalo. City of Buffalo's share of construction cost is about 20 %. Funds for this project are available in capital projects fund. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 16, 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 Park Shelter Restoration at Dr. Martin Luther King Jr., Park to R. W. Painting, Inc., the lowest responsible bidder, in the amount of $630,850.00 (Base Bid $573,500 + a $57,350 - 10% Unit bid increase = $630,850.00.) This Project is funded by a Grant from New York State Dormitory Authority and the City's share of construction cost is about 20 %. Funds for the project are available in capital projects fund. PASSED AYES -9 NOES -0 NO. 27 REPORT OF BIDS FOR WATER DISTRIBUTION SYSTEM IMPROVEMENTS VARIOUS LOCATIONS #3 This is to advise your Honorable Body that I have advertised for and received bids on April 23, 2010 for Water Distribution System Improvements - Various Locations #3. Total base bid is 1,410,698.70 The following bids received: 1. Visone Construction Inc. $1,410,698.70 79 Sheldon Ave. Depew, N.Y. 14043 2 -C. Destro Development Company, Inc $1,443,000.00 1128 Jamison Road Elma, N.Y. 14059 1 hereby certify that the lowest responsible bidder is Visone Construction, Inc. Also, I respectfully request that your Honorable Body authorize a contract award in the amount $ 1,410,698.70 plus 10% contingency of $141,069.87 for a Total Contract Amount of $ 1,551,768.57 The funds are available in a Division of Water account to be named at a later date. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 16, 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 Water Distribution System Improvements Various Locations #3 to Visone Construction, Inc., the lowest responsible bidder, in the amount of $1,410,698.70 plus 10% contingency of $141,069.87 for a total contract amount of $1,551,768.57. Funds for the project are available in a Division of Water account to be named at a later date. PASSED AYES -9 NOES -0 NO. 28 WASHINGTON ST. BUS SHELTER WITHIN CITY RIGHT -OF -WAY Mr. Chris Cronin, Traffic Data Administrator for the Niagara Frontier Transportation Authority (NFTA), has requested permission to install a bus shelter within City right -of -way. The proposed location is: Washington Street between Carlton and High Streets This shelter would be located on the Washington Street side of the Allen /Hospital Rapid Transit station and abut property owned by N FTA. The Department of Public Works, Parks and Streets has reviewed the NFTA's request pursuant to Chapter 413 -67 (Encroachment Regulations) of the City Charter and has no objection to Your Honorable Body authorizing the Commissioner of Public Works, Parks and Streets to issue a "Mere License" for said installation provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the bus shelter be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Parks and Streets. That the applicant be responsible for maintaining the bus shelter as long as it remains within City right -of -way. That the applicant supply the City of Buffalo with a five thousand dollar construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said bus shelter. Mr. Fontana moved: That the above communication from the Department of Public Works, Parks and Streets dated June 16, 2010 be received and filed; and That the Commissioner OfPublic Works, Parks and Street be, and he hereby is authorized to issue a "Mere License" to Mr. Chris Cronin, Traffic Data Administrator, acting as agent for the Niagara Frontier Transportation Authority, applicant, to install a bus shelter which would encroach city right -of -way at Washington Street between Carlton and High Streets, subject to the conditions as listed above. PASSED AYES -9 NOES -0 NO. 29 APPOINT ASSISTANT WATER DISTRIBUTION SUPERINTENDENT (PERM)(INTER)(WOLASZ JR) Appointment effective June 7, 2010 in the Department of Public Works, Parks and Streets to the position of Assistant Water Distribution Superintendent, Permanent appointment at the intermediate salary of $50,717.00 Michael J. Wolasz, Jr., 22 Woodley Road, Buffalo, NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 30 DRUG ASSET FORFEITURE WIRE TRANSFERS ITEM NO. 104, C.C,P. 2/2/88 ICE - 2009090100006001 BUO2TSBU0900006 65,096.54 09 -DEA- 519284 C2 -09 -0096 56,948.55 09 -DEA- 519284 C2 -09 -0096 10,049.75 (15% SAFF) TOTAL $132,094.84 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 10405 for fulfilling year 4 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. 31 CLAIMS COMMITTEE MEETING AGENDA Claims Committee Meeting Wednesday, June 30, 2010 Hen. David A. Rivera, Chairperson AGENDA Personal Injury A -1 Ysolina Rossi $3,000.00 A -2 Rosetta Swain $15,000.00 Property, Damage B -1 Antoinette Moore $20.00 B -2 Mark Robinson $1,500.00 B -3 Travelers Insurance Co a /s /o Michael Wydra $680.12 B -4 Edwin Valentin $90.00 Miscellaneous Invoices C -1 Allstate Insurance Company a /s /o Dorien Facen $300.40 C -2 Dr. Daniel A. Castellani, M.D. $2435.00 C -3 Verizon Wireless $129.73 Miscellaneous Reimbursement D -1 Kimberly A. Bobo $130.00 REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 32 RESTAURANT DANCE LICENSE (RENEWAL) 1104 ELMWOOD AVENUE Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 1104 Elmwood Avenue for which said renewal application for a Restaurant Dance Class IV license is being sought by Dave Schatzel and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services, dated June 10, 2010, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Restaurant Dancing Class IV License to Dave Schatzel d /b /a Cole s Restaurant located at 1104 Elmwood Avenue. PASSED AYES -9 NOES -0 NO. 33 SIDEWALK CAFE 727 ELMWOOD AVENUE NEW OWNER Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Sidewalk Card License located at 727 Elmwood Avenue and find that as to form is corre, This Sidewalk Car6 had been previously approved by the Common Council. I find it complies with regulations and other applicable laws. The attached application is thereto for Blue Monk. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 34 SIDEWALK CAFE 45 WEST CHIPPEWA AVENUE NEW OWNER Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Sidewalk Caf4 License located at 45 West Chippewa Avenue and find that as to form is correct. This Sidewalk Caf4 had been previously approved by the Common Council. I find it complies with a'. regulations and other applicable laws. The attached application is thereto for 4 Play Nightclub. This request. !. submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION.. NO. 35 USED CAR DEALER 549 TONAWANDA (NORTH) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 549 Tonawanda and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Ruben Ocasio. The attached thereto for Ruben Ocasio dba /Payless Car Sales, Inc. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated May 9, 2010, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Used Car Dealer license to Ruben Ocasio d /b /a Payless Car Sales, Inc. located at 549 Tonawanda. PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO. 36 INTERFUND CASH LOAN Certain Federal and State aided programs require a cash advance until the program is operating and reimbursement is received. I have reviewed the program listed below and determined the cash needs to be warranted. I have approved an interfund cash loan to be made in the maximum amount of $1,000,000 as needed subject to your approval. Loan is payable at date of reimbursement. FROM:1000- General Fund TO:2449 - Efficiency Grant GRANT TITLE: New York State Efficiency Grant GRANT AGENCY:New York State GRANT AMOUNT:$5,500,000.00 LOAN AMOUNT:Maximum of $1,000,000.00 Estimated Date of Repayment: June 30, 2011 REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF HUMAN RESOURCES NO. 37 MIS RESPONSE SELLING OBSOLETE EQUIPMENT Mr. William B. Licata Sr. Legislative Assistant Buffalo Common Council Room 1413 City Hall Buffalo, New York 14202 Dear Mr. Licata: I join the Common Council in applauding the leadership of our MIS Department for their efforts in selling obsolete equipment which will help generate revenues to purchase updated equipment. REFERRED TO THE COMMITTEE ON FINANCE FROM THE ZONING BOARD OF APPEALS NO. 38 1031 MICHIGAN APPLICATION: #163716 Dear Mr. Romanowski: The Zoning Board of Appeals at its meeting of 5/26/10 approved your petition for a variance to erect and use a four -story Skilled Nursing Facility where the Zoning Ordinance limits the height to three (3) stories and 40' at premises 1031 MICHIGAN The proposed height of the Skilled Nursing Beds at Buffalo General Hospital is four (4) stories and a maximum of 67' above grade. Section 511 -29(a) of the Zoning Ordinance limits the height to three (3) stories and 40'. 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 Zoning Board of Appeals determined that the requested Area Variance is insubstantial in light of the scale of the adjacent Buffalo Niagara Medical Campus and is only slightly higher than what is permitted under the Code; and that the requested Variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood since the facility will now act as an effective buffer and transitional element between the institutional uses on the Buffalo Niagara Medical Campus and the residential uses within the Fruit Belt neighborhood. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 851 -4925 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 six (6) months from the date of said decision unless before the expiration of said permit the applicant files the 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 11 /27/10, the Board's approval will expire and a new application will have to be made. Very truly yours, RECEIVED AND FILED FROM THE CITY CLERK NO. 39 ITEM # 158, CCP JUNE 8, 2010 The Honorable Common Council: In response to Mr. Licata's letter dated June 14, 2010, regarding Council Member Bonnie Russell's Resolution entitled, "Policy for Selling Surplus, Worn -out and Obsolete City -Owned Assets ", we provide the following response: The City Clerk's office turns in all old or broken computer equipment to the MIS Department and in turn the Department of MIS takes the item(s) off our office inventory list according to the identification numbers for that piece of equipment. Should you require additional information from our office, please feel free to contact me. REFERRED TO THE COMMITTEE ON FINANCE NO. 40 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owners Name 454 Pearl St Blue Buffalo Blue Buffalo of WNY, Inc RECEIVED AND FILED NO. 41 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 June 7, 2010 in the Department of Public Works, Parks and Streets to the position of Bridge Operating Engineer, Seasonal at the flat rate of $11.87/hr Lewis King, 159 Chester St, Buffalo, NY 14208 Robert Kreutinger, 50 Homer Avenue, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment effective June 7, 2010 in the Department of Public Works, Parks and Streets to the position of Laborer II, Seasonal at the flat rate of $11.87/hr Jerry Campbell, 201 Comstock Ave, Buffalo, NY 14215 James Francis, 137 Vandalia, Buffalo, NY 14204 Morgan Travis, 287 Choate Avenue, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment effective June 9, 2010 in the Department of Public Works, Parks and Streets to the position of Laborer II, Seasonal at the flat rate of $11.87/hr Gerald Brinkworth, 47 Marine Drive, Apt 11 F, Buffalo, NY 14202 Chester Nicometi, 89 Hoyt St, Buffalo, NY 14213 NO. 42 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, 6/04/2010 in the Department of Public Works, Parks & Streets, Division of Parks to the Position of Administrative Assistant, Provisional Promotion at the Minimum Salary of $39,940.00 Jacqueline Barnett, 89 Crystal Ave, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment effective, 6/04/2010 in the Department of Public Works, Parks & Streets, Division of Buildings to the Position of Senior First Class Stationary Engineer, Temporary Appointment at the Flat Salary of $15.00 /hr Edward F. Anken, 73 Houston Street, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment effective, 6/16/2010 in the Department of Public Works, Parks & Streets, Division of Buildings to the Position of Senior First Class Stationary Engineer, Temporary Appointment at the Flat Salary of $15.00 /hr Charles A. Kulp, 1015 Abbott Road, Buffalo, NY 14220 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 43 D. BAKER -NYDOT -BEACH LEAD TRACKS OF CSX OVER FUHRMANN BLVD PRESENT: DONALD A. BAKER, Director Office of Modal Safety and Security CASE 37950 - Proceeding on Motion of the Commissioner of Transportation for a determination, pursuant to Section 95 of the Railroad Law, as to whether the public crossing at -grade of the Beach Lead Tracks of CSX Transportation, Inc. over Fuhrmann Boulevard in the City of Buffalo, Erie County (USDOT #519 600R) in the vicinity of Mile Post QD2.07, should be altered. A proceeding having been instituted herein by order dated February 3, 2010, pursuant to Section 95 of the Railroad Law, seeking determinations as to whether the public crossing at -grade of the Beach Lead Tracks of CSX Transportation, Inc. over Fuhrmann Boulevard in the City of Buffalo, Erie County, in the vicinity of Mile Post QD2.07 should be altered; and a hearing after due notice having been held March 17, 2010; and it having been determined that the said Beach Lead Tracks of CSX Transportation, Inc. should cross over Fuhrmann Boulevard and the multi -use path located west of Fuhrmann Boulevard, at- grade, and that the said crossings should be equipped with passive crossbuck signs, appropriate pavement markings and advance warning discs, all in accordance with the requirements of the Manual of Uniform Traffic Control Devices; and it having been determined that the order should also require that the New York State Department of Transportation, the City of Buffalo and CSX Transportation, Inc. work cooperatively to accomplish these alterations; and it having further been determined that upon resumption of rail activity, any trains operated by CSX Transportation, Inc. through the crossings should be required to stop in advance thereof, and not pass over until flagged through by a member of the train crew, it is: ORDERED: 1. That the Beach Lead Tracks of CSX Transportation, Inc. cross over Fuhrmann Boulevard and the multi -use path located west of Fuhrmann Boulevard, at- grade, and that the said crossings be equipped with passive crossbuck signs, appropriate pavement markings and advance warning discs, all in accordance with the requirements of the Manual of Uniform Traffic Control Devices. CASE 37950 2. That the New York State Department of Transportation, the City of Buffalo and CSX Transportation, Inc. work cooperatively to accomplish these alterations 3. That upon resumption of rail activity, any trains operated by CSX Transportation, Inc. through the crossings stop in advance thereof, and not pass over until flagged through by a member of the train crew. Office of Modal Safety and REFERRED TO THE COMMITTEE ON TRANSPORTATION AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO 44 K. CONNOR- REPORT - FISHING FOR TAXPAYER CASH -BASS PRO Dear Councilmember Rivera: I'm writing to inform you of a new report from the Public Accountability Initiative (PAI), which I co- direct, and to request a meeting with you or a member of your staff to discuss its findings. Enclosed please find a copy of "Fishing for Taxpayer Cash: Bass Pro's Record of Big- League Subsidies, Failed Promises, and the Consequences for Cities Across America," en- authored by myself and Andrew Stecker, an analyst at PAI. The report examines sporting goods retailer Bass Pro's record as a subsidized development anchor. Though the retailer frequently succeeds in winning major taxpayer subsidies, it often fails to deliver on promises of stimulating economic growth -- promises that were used to justify these public outlays. Two recent Buffalo News articles on the report are also enclosed. The report was prompted by the proposed Bass Pro store in Buffalo, which will be receiving $35 million in taxpayer subsidies for a new store and tens of millions more for nearby parking and infrastructure. Even in the best and most prosperous of times, this kind of subsidy for an out -of -state retail company deserves careful scrutiny, but during a time of fiscal crisis and severe budget cutbacks, a close examination of this kind of public spending is imperative. PAI conducted research for the report by investigating a number of Bass Pro - anchored projects across the country. Projects anchored by the company's stores have won over $500 million in taxpayer subsidies, according to our estimates, but many are struggling to attract tenants and spur growth. A Bass Pro - anchored project in Mesa, AZ helped prompt a statewide ban on retail subsidies. The Public Accountability Initiative is a non - profit, non - partisan research and educational organization focused on corporate and government accountability. PAI has received major national media coverage for groundbreaking research on Wall Street fraud, Washington lobbying operations, and conflicts of interest at the highest levels of the US government. Over the past several months, our reports and activities have received coverage in major outlets such as the Washington Post, the New York Times and the Philadelphia Inquirer. We saw Buffalo's Bass Pro project as a significant opportunity, in our own community, for a major accountability investigation. This report is intended to inform the choices of public officials who are considering subsidies for a Bass Pro - anchored project. For this reason, I am writing to request a meeting with you or a member of your staff, to discuss the report's findings and make sure that -you are aware or Bass Pro's record in other cities as the project moves forward, with taxpayer support, m Buffalo. I look forward to hearing from you. I can be reached at 718- 916 -0925. Sincerely, Kevin Connor Co- director REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 46 ANNE HARDING JOYCE NAMED CHAIR OF OLMSTED PARKS CONSERVANCY The Membership of the Buffalo Olmsted Parks Conservancy recently held their Annual Meeting at the Marcy Casino in Delaware Park. Anne Harding Joyce will serve as the new Chair of the Board of Trustees for a two -year term. Ms. Joyce joined the Conservancy board in 2005 and currently sits on the Governance, Institutional Advancement and Gala Planning Committees. Anne Harding Joyce is the former Chair of Buffalo Prep and is a board member of Goodwill Industries, Amherst Central Alumni Association, Inc. and the Niagara River Greenway, Buffalo and Erie County Standing Committee. Florence D. Johnson and Gary L. Mucci were elected Vice - Chairs. Ms. Johnson joined the Olmsted board in 2007, and is a member of the Buffalo Board of Education, Gary Mucci, who joined the Olmsted board in 2006, was most recently secretary, He serves as counsel at Hiscock & Barclay, LLP. J. Joseph (Jerry) Castiglia was elected Treasurer. Castiglia is the former Olmsted board chairman and he is retired Vice Chairman, President and CEO of Pratt & Lambet United. Kevin Kelly was elected Secretary. Kelly joined the Olmsted board in 2006 and is President of Delaware North Companies Parks and Resorts. New trustees elected to serve 3 -year terms were: Richard Cummings, Clarke E. Eaton, Jr., Philip C. Kadet and Edward F. Walsh, Jr. Cummings, active with the Conservancy since 2002, is Chief Financial Officer of American Rated Cable and Communications, Inc.; Eaton is the owner of Eaton Associated, Inc.; Kadet is retired managing partner of Lumsden & McCormick, LLP, and Walsh is Chief Operating Officer of Walsh Duffield Companies, Inc. Trustees elected to serve an additional 3 -year term were: Florence Johnson, J. Joseph Castiglia, Victor Rice and herb Siegel Those also serving on the Olmsted Board of Trustees: Karen Arrison, Jayne Attardo, Jeffrey Barbeau, David J. Colligan, Susan J. Elkin, Dorothy Ferguson, S. Jay Ferrari, Robert J. Kresse, Alan Pawlowski, Mary Lawley Ross, William R. Rupp, Andrea Schillaci, Mary Simpson, Heidi Welsby and Deborah Lynn Williams. Emeritus trustees are: Joan Bozer, Mark V. Mistretta, Corinee Rice, Gretchen Toles. Other highlights of the Annual Meeting included the Year in Review presented by the Conservancy's President and CEO, Thomas Herrera - Mishler. Trustees recognized for their service and dedication to the historic parks were: David J. Colligan, Chairman for the past two years and trustees leaving the board: Richard F. Griffin, Ann Louise Ciminelli, James Iglewski, James W. Derrick. RECEIVED AND FILED NO 46 UPCOMING PUBLIC INPUT MEETING ON THE JESSE KREGAL PATHWAY IMPROVEMENT PROJECT IN DELAWARE PARK (FORMERLY CALLED THE SCAJAQUADA TRAIL PROJECT) Tuesday, June 22, 2010 5:30 — 7:30 p.m. Marcy Casino 199 Lincoln Parkway Buffalo NY 14222 The Buffalo Olmsted Parks Conservancy will unveil upcoming work and design plans for the Jesse Kregal Pathway improvement project in Delaware Park. The $1.2 million pathway, lighting and signage project is located behind the Buffalo and Erie County Historical Society Museum and funded through NYPA for the Niagara River Greenways. The meeting is free and open to the public. Community input and feedback is welcome and encouraged. For more information : Greg Robinson, Olmsted Park Conservancy's Landscape Architect, greg @bfloparks. Org. The Buffalo Olmsted Parks Conservancy is a not - for - profit, independent, community organization that promotes, preserves, restores, enhances, and ensures maintenance of Frederick Law Olmsted- designed parks and parkways in the Greater Buffalo area now and for future generations. In 2008, the Conservancy released its plan for the 21 sc Century, a blueprint for the management and restoration of the entire park system. Listed on the National and State Register of Historic Places. The Olmsted system in Buffalo is the first of its kind in the nation designed by America's greatest landscape architect. The major Olmsted Parks in Buffalo are Cazenovia, Delaware, Front, Martin Luther King, Jr., Riverside and South Parks. Visit www.BFLOParks.ora for more details. RECEIVED AND FILED NO 47 BUFFALO WATER BOARD - MONTHLY WATER BOARD REPORT MAY 2010 Copy available for review in the City Clerk's Office RECEIVED AND FILED NO 48 LP CIMINELLI -BOARD PACKET DOCUMENTS JUNE 2010 Attached are the following documents from the Joint Schools Construction Board meeting scheduled on June 7, 2010: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated May 3, 2010 3. Fully Executed Phase III Application and Certificate for Payment No. 37 - April 2010 4. Fully Executed Phase IV Application and Certificate for Payment No. 22 - April 2010 5. Phase III Application and Certificate for payment No. 38 - May 2010 6. Phase IV Application and Certificate for payment No. 23 - May 2010 7. Phase V Application and Certificate for payment No. 6 - May 2010 8. Program Packaging and Development Services (PPDS) Provider Update 9. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase III Project - April 2010 10. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthy Report for Addendum 1 Phase IV Project - April 2010 11. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase III- April 2010 12. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase IV- April 2010 Copy Available for review in the City Clerk's Office RECEIVED AND FILED NO 49 D. ELFNER -NYS DEPT OF PUB. SERV. "ENERGY EFFICIENCY: USE LESS ENERGY. SAVE MORE GREEN" PUBLIC AWARENESS CAMPAIGN Dear Community Leader: I am writing to ask for your help with our "Energy Efficiency: Use less energy. Save more green." summer public awareness campaign. We want to inform the people in your community about steps they can take to use less electricity but still keep cool this summer, and also update them on this summer's electricity outlook. Energy efficiency measures will help residential and business customers control their summer energy costs, protect the environment, and assist the state in meeting peak electricity demand. A key feature of our public awareness campaign is a comprehensive energy efficiency Web site that provides one -stop shopping for consumers interested in information on energy efficiency programs and services, how to get the most out of their energy dollar, and energy - related financial assistance and tax credits. The site is accessible through a prominent, attention - getting banner found on the www.AskPSC.com Web site. You can play a major role in spreading the word about the importance of energy efficiency as an effective way to lower energy bills. We have enclosed copies of our "New York's Electricity Outlook - Summer 2010" fact sheet and "Energy Efficiency: Use less energy. Save more green." tip strip and poster with information on how your community can reduce energy use, save money and help the environment this summer. The www.AskPSC.com Web site and our toll -free information line (1- 888- ASkPSC1) are featured on all of our outreach materials. Please place these materials in high- traffic areas and join us in a statewide effort to encourage everyone to be energy efficient this summer and throughout the year. We have also enclosed a self- addressed, postage -paid card if you would like to order additional copies of the enclosed free materials. Please contact Jeff Wagner of my Consumer Policy staff by phone at (315) 428 -5183 or by e-mail at jdw @dps.state.ny.us if you have any questions, would like to discuss ways we can work together to inform consumers about utility issues, or want to schedule a presentation from our staff on electric, gas or telecommunication issues. Thank you for your assistance with this important effort. Sincerely, Douglas Elfner Director Office of Consumer Policy REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 50 D. FRANCZYK -S. KNIGHT FEMA- RESPONSE FOR LIGHT DETECTION AND RANGING Dear Mr. Franczyk: Thank you for the letter dated March 4, 2010, from James N. Jackson, Legislative Assistant, Buffalo Common Council, to W. Craig Fugate, Administrator of the Federal Emergency Management Agency (FEMA), Department of Homeland Security. Mr. Jackson's letter enclosed the Council's resolution, dated March 2, 2010, regarding the preliminary Digital Flood Insurance Rate Map (DFIRM) for Erie County, New York (All Jurisdictions), dated December 31, 2009. You requested that FEMA review the resolutio and provide comments. The resolution questioned the accuracy of the Light Detection and Ranging (LIDAR) technology used to produce the ground elevations for the preliminary DFIRM. Because of the nature of this request, it was forwarded to my office for a response. LIDAR technology produces the most accurate topography currently available to FEMA, while also being cost effective. On- the - ground surveys would be more accurate on a parcel -by- parcel basis in areas that are relatively flat; however, the cost of doing such surveys on a countywide basis is extremely high, and FEMA's mapping budget precludes this expense. Nevertheless, it is important to note that the new DFIRM depicts more accurate flood hazard information than the currently effective flood maps, and as you may know, the new countywide LIDAR data was incorporated as part of this restudy in part to address concerns about previous mapping in the City of Buffalo. Special Flood Hazard Areas (SFHAs) are areas subject to inundation by the base (1- percent - annual- chance) flood, and there is no Federal flood insurance requirement for structures that are outside the SFHA. However, each lender retains the prerogative to require flood insurance as a condition of a loan. The Flood Disaster Protection Act of 1973, as amended, imposes the Federal flood insurance requirement and requires lenders to make the determination whether to require flood insurance. FEMA underwrites the flood insurance and determines policy coverage and premium rates. FEMA also provides flood insurance policy information to help stakeholders make prudent decisions about coverage and to assist them with other flood insurance questions or issues. In addition, FEMA assists property owners by responding to Letter of Map Amendment (LOMA) or Letter of Map Revision Based on Fill (LOMR -F) requests based on elevation data and other property- specific information. Parcel -by- parcel survey data might result in the removal of the SFHA designation for some houses through the LOMA or LOMR -F process. As you know, a portion of the Old First Ward flooded in January 2008 as a result of a Lake Erie storm event. This flooding confirms FEMA's evaluation that the area has a significant risk of flooding. FEMA welcomes appeals, protests, and comments on its flood hazard maps. By statute, FEMA provides every community a 90 -day appeal period whenever Base Flood Elevations (BFEs) are proposed or revised. For scheduling purposes, and to give interested parties time to review the information, notices of the proposed BFEs are published in a local newspaper on two different dates, usually within 1 week of each other, and on the FEMA website. Notice of proposed BFEs is also published in the Federal Register. The 90 -day appeal period starts on the date of the second publication in the local newspaper. We anticipate that the appeal period for the preliminary Erie County DFIRM will begin in late July 2010. During the appeal period, the community, affected property owners, and other citizens in the community have the opportunity to submit technical and /or scientific data to support an appeal of the proposed BFEs. However, the community has the opportunity, at any time, to submit scientific or technical data to improve the flood hazard information shown on the DFIRM. The Erie County DFIRM will not become final and effective until six months after all appeals are resolved, which gives property owners the opportunity to plan ahead. Property owners whose property will be shown within the SFHA on the final DFIRM and who have a mortgage should be prepared to purchase flood insurance before the effective date of the DFIRM. Early purchase will result in significant savings on the cost of flood insurance premiums, both immediately and in the future. It is important to clarify some possible misunderstanding within your community about what constitutes a flood and what is covered by flood insurance. Standing water (of no specified depth or duration) on at least two properties that are normally dry constitutes a flood. Standing water can enter a structure even if it does not reach window height, and items in basements that are necessary to operate the building, such as a furnace or hot water heater, are covered by flood insurance. However, no insurance coverage is available for personal contents in basements. I hope this information is helpful to you in addressing the concern of Common Council Members and Buffalo residents. If you need additional information or assistance, please have a member of your staff contact the FEMA Intergovemmental Affairs Division by telephone at (202) 646 -4600. REFERRED TO THE COMMITTEE ON LEGISLATION NO 61 R. HENDERSON- REQUEST ALL PLANS PERTAINING TO 669 HERTEL AVE Dear Commissioner; On 04/26/20101 requested any and all plans pertaining to 669 Hertel Avenue, a city owned property in Buffalo. On 06/20/2010, following up on my request, no action had been taken and the form was sitting in an office tray. I was told to make a request in Planning & Design, Rm. 616 because it is a City owned property. I was informed due to a previous policy, plans pertaining to police structures are not released to the public. Due to the fact that I am a City Of Buffalo worker and have worked in 669 Hertel Avenue for approximately ten years, this should not be a concern. Therefore, I, Roscoe Henderson, request all information under the Freedom of Information Act, all plans that pertain to 669 Hertel Avenue. I thank you in advance for your assistance and look forward to your response. You can respond to my email at, r3 @roadrunner.com. Sincerely, Roscoe Henderson City of Buffalo Resident RECEIVED AND FILED NO 62 M. KEARNS- ARTICLE - GRANTS & FINANCIAL INCENTIVES AVAILABLE TO UPGRADE SOLID WASTE FLEET Dear Mr. Chwalinski: Please file the attached item and have it filed for discussion at the next meeting of the Common Council to be held on June 22, 2010. Your assistance is greatly appreciated. Sincerely, Michael P. Kearns South District Councilmember Throwaway Money Take advantage of grants and financial incentives to upgrade your solid waste fleet. Have you heard about the government incentives available to help you replace your fleet of older model trucks? There are millions of dollars available across the country for purchasing new clean - fueled refuse collection and recycling trucks. These incentives are commonly referred to as "other people's money" (OPM) and are a proven source of assistance for buying natural gas refuse and recycling trucks. OPM works; don't be left out of getting your fair share! Here's how OPM worked for several companies and a few tips on how it can start working for you. East Coast One of the largest paper recycling companies in the country was able to secure $1.2 million from the New York State Energy & Research Development Authority (NYSERDA) to offset the costs of purchasing 12 new compressed natural gas (CNG) refuse trucks and constructing a new CNG fueling station. These CNG trucks are running in Brooklyn, NY. You'll recognize one of trucks because of the special graphic it displays in support of Breast Cancer Awareness. The Breast Cancer CNG truck picks up all the paper from the New York City Stock Exchange and most companies on Wall Street. Meanwhile, a major New Jersey refuse company received $2.4 million to deploy 42 CNG trucks and offset costs for a CNG station as part of the Department of Energy's Clean Cities grant program. West Coast Hundreds of natural gas refuse trucks are operating throughout California thanks to government incentives ranging from $15,000 per truck to $91,000 per truck. A privately owned refuse company operating in southern California secured $900,000 from the Mobile Source Air Pollution Reduction Review Committee (MSRC) to offset the costs of 30 new CNG refuse trucks. This funding opportunity provided incentives of $35,000 /truck in addition to a federal tax credit of $28,000 /truck. A northern California refuse company recently secured $426,000 from the Bay Area Air Quality Management District (BAAQMD) to purchase 23 CNG refuse trucks. Sustainability is a goal that every municipality is trying to meet. You can help by deploying clean - fueled natural gas refuse and recycling trucks. Here are a few tips to help you find and secure OPM: -Seek out "green" consultants and resources to help you locate OPM incentives. Engage a partner that is knowledgeable about where to find money and with a proven portfolio of grants awarded. -Once grant opportunities are identified, act quickly. Grants are time sensitive, and if you do not start early, you may not have time to run all the analysis necessary to produce a competitive and complete application. —Be a champion. Taking a leadership role will set you apart from your competitors and earn you money for doing so. -Tell your story. Explain the unique aspects of your company and facts that you are proud of. - Remember to sign all of the forms! REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS NO 63 M. KEARSN- J.LOGAN- CONCERNS VERIZON FIOS Please file the attached with the Common Council. To Whom It May Concern: Hi. I was wondering why despite most of the suburbs of Buffalo with ROS service, they stop service directly at the city line. I was told by Verizon directly that it was the city of Buffalo hindering competition, and being supportive of Time Warner's complete monopoly. Time Warner has among the worst service in the nation, not even offering (regardless of price) internet service above 15mbps download and 2mbps upload. They keep raising rates, yet continue to lower the bar in service. What other industry is able to get away with this? There are a number of TV channels which TWC refuses to offer, simply because they don't have to. They have a monopoly, and do not have to compete with anyone. The city of Buffalo should be trying to encourage competition in the marketplace, not oppose it. I intend to vote out every city official running for reelection for the foreseeable future. The city of Buffalo is among the poorest in the nation, but continues to tout petty achievements as marvelous accomplishments. Upon graduating from college, I have every intention of moving out of this city, and out of this state. I will be calling the FTC to voice my concerns about this issue as well. Keep setting the bar low Buffalo, Jon Logan 716- 207 -5318. REFERRED TO THE COMMITTEE ON LEGISLATION NO 54 M. KEARNS -NON PARTISAN ELECTIONS APPROVED IN CALIFORNIA I would like to file the attached articles for the next Common Council meeting to be held on June 22, 2010. New York Now Lagging California In Race for Non - Partisan Elections By HENRY STERN. Special to the Sun / June 11, 2010 httD: / /www.nvsun.com /new - vork/new -vork -now lagging- california -in- race - for- non/86995/ While paralysis prevails in the highly partisan scene in Albany, we cross the continent to California to report good news for independent and moderate voters. By a convincing margin of 54% to 46 per cent, Californians approved Proposition 14, which mandates non - partisan elections in the nation's most populous state, starting in 2011. Under the Golden State's new plan -- sometimes called the "Top Two" system -- all voters would receive the same primary election ballot for nearly every elective office except for President. Candidates would be given the option to self- identify with a political party on the ballot or to leave that space blank. The two candidates receiving the greatest number of votes in the primary would then appear on the general election ballot regardless of party. Prop. 14 was supported by Governor Schwarzenegger and Lieutenant Governor Maldonado. It was opposed by most elected officials in the state. Out of 58 counties in California, the proposition carried 56. It lost only two counties, Orange, considered right -wing, and San Francisco, considered left -wing. For those New Yorkers for whom the adoption of nonpartisan elections appears impossible, take note that 21 of the 25 largest cities in the United States currently have some system of nonpartisan voting in local elections, including Los Angeles, San Francisco, Chicago, Boston, and Seattle. Mayor Bloomberg has advocated nonpartisan elections since he was elected in 2001. In a referendum in 2003, New York City voters defeated a proposal for nonpartisan elections, 70% to 30 %. The issue has not been submitted to the voters since, nor has the City Council taken it onto itself to overrule the vote of the people. Francis Barry describes the history of nonpartisan elections in "The Scandal of Reform" (2009). New York's 2003 referendum proposed "hybrid" nonpartisan elections, allowing candidates, if they wished, to identify themselves by party, similar to the system just passed by California, and those already in use at Jacksonville, Florida, and the states of Louisiana and Washington. The current Charter Revision Commission, chaired by CUNY Chancellor Matthew Goldstein, will consider placing some form of nonpartisan elections once again on the ballot. If they do so, 2010 would be a better year than 2011 because there will be a larger turnout when state -wide offices, the Senate and Congress are on the ballot; 2011 is the off -year in the quadrennial election cycle. Nonpartisan elections would erode but not eliminate the influence of political parties, which are basically hierarchical, self - serving aggregations Of mostly decent, honorable people, led by others whose motivations may not be so pure. Political parties are often controlled by powerful leaders, called bosses. As in military, religious, or criminal organizations, the person at the top can exert enormous influence over the decisions of the group, which the members must respect if they want to remain in good standing in the organization and eventually rise to power themselves. Faithful members of political clubs are often rewarded for their service by nomination to public office, including the judiciary. When that happens, judges can show their appreciation for their positions by responsiveness to the political leaders who selected them for the bench. There are benefits to parties. They can unite people in support of a common program. They can defend and protect their communities from dangers, real or imagined. Parties are protected by freedom of assembly and association; voters have a right to join any legitimate group they support. The main problem with political parties, however, lies in the power of their leaders to select candidates for public office. In one -party areas, which constitute the majority of legislative districts in New York City, the candidate selected by the dominant party is almost automatically elected. In turn, the elected candidates tend to bear unwavering allegiance to the party officials who put them in office. The interests of these officials are often not the interests of the general public, but the interests of lobbyists and contributors to the party, or to the individual who was so helpful. Historically, the party system has led to corrupt political machines under leaders like Bosses Tweed, Kelly, Sullivan, Croker, Murphy and most recently Carmine De Sapio, who was overthrown in 1961, by which time, through a reform DeSapio, to his credit, sponsored, district leaders were subject to direct election. Previously, district leaders were elected by county committee members, who were generally political apparatchiks at the lowest rung of the ladder. Insurgencies were much more difficult to mount. Political machines were also powerful in the suburbs, where the Nassau County Republican organization once ruled, and in New Jersey, where Boss Frank Hague ruled Jersey City as mayor from 1917 to 1947. His enduring contribution to political thought was the phrase, "I am the law," which at the time was not inaccurate. In some rural and urban areas, political parties are strong enough to control local governments, a practice similar to the warlords who control portions of some foreign countries. Party primaries, closed to independents and non - members of the party holding the primary, encourage racism and extremism by the candidates and polarization of the electorate. Candidates hew to the right or the left to win primary voters, who are often more intense in their ideological views than less active members of the party. To appeal to this base, one risks alienating the midstream. This requires a change of message between the primary and the general election. It is hard to discern, after all this, what the candidate really believes in, if anything, apart from his /her own election. Moderate or centrist candidates are particularly disadvantaged by closed primaries, since a disproportionate number of their supporters are ineligible to vote. Opponents of Proposition 14, which include the heads of both major parties in California and many third -party devotees, have vowed to sue in order to prevent the referendum from taking effect, but their efforts are unlikely to succeed if precedent is to be followed by the Supreme Court of the United States. In 2008, in a 7 -2 decision, with Justices Scalia and Kennedy dissenting, the Supreme Court upheld a similar nonpartisan electoral system passed by the voters of Washington state. Writing for the majority, Justice Thomas said that overturning Washington's system would have been an "extraordinary and precipitous nullification of the will of the people." The Constitution of the State of California allows Initiative and Recall elections. That is how Mr. Schwarzenegger was elected. New York State gives the voters no such opportunity. Even when vacancies occur, they are filled by the legislature and not by the electorate. We have a long way to go. Mr. Stern, a former Parks Commissioner and a frequent contributor to The New York Sun, is president of New York Civic REFERRED TO THE COMMITTEE ON LEGISLATION NO 55 M. KEARNS- SUBSIDIES FOR BASS PRO I would like to file the attached information for the next Common Council meeting to be held on June 22, 2010. Dear Councilmembers: Over the past several months I have assembled a group of local business owners who are very concerned about the high -level of subsidies that are being considered for Bass Pro. The notion of subsidies, almost any kind of subsidy, to big -box retail has rarely, if ever proven successful. Armed with a set of coherent arguments we were given the opportunity yesterday to meet with the publisher and the editorial board of the Buffalo News. Among us were local whoselsalers and retailers, restaurant owners, as well as the owner of the Hart Hotels. During the course of an hour conversation we pointed out economic considerations and concerns to them that they had not heard before. We would very much like the opportunity to meet with you to discuss this most important project. We believe that we can make a compelling argument against this case that transcends issues of living wages and historic preservation. The thing just makes business sense at all. We hope that you will find the time to meet with us. Thank you for your consideration, Mark GOLDMAN REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 56 J. MAKOWSKI -REQ INDEPENDENT AUDIT - MARINE DR APARTMENTS Dear President Franczyk: I am writing as attorney for the Marine Drive Apartments Resident Council and Association. As you are aware, several weeks ago, Henry Littles resigned his position with Erie Regional Housing Development Corp. as manager of the Marine Drive Apartments. As reported in The Buffalo News, the resignation of Mr. Littles was marked by considerable controversy. On behalf of the Resident Council, I am writing to request that the Buffalo Common Council formally request the City Comptroller to conduct a financial and management audit of the operation of Marine Drive under the Buffalo Municipal Housing Authority and Erie Regional Housing Development Corp. from September 1, 2007 through the present time. In light of the circumstances surrounding Mr. Littles' resignation, we think an independent audit of the finances and management of Marine Drive by the City Comptroller is warranted. Thank you for your attention in this matter. Very truly yours, Law Offices of Joseph G. Makowski, LLC REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMPTROLLER NO 57 J. MAKOWSKI- RESIDENT COUCNIL INTEREST IN RESUMING A CO -OP FORM FOR MNGT Dear President Franczyk: I am writing as counsel to the Marine Drive Apartments Resident Council and Resident Association. As you may be aware from a recent press report by The Buffalo News, Henry Littles resigned his position with Erie Regional Planning Development Corp. as manager of the Marine Drive Apartments with considerable controversy. It has come to our attention that the September 1, 2007 agreement between Buffalo Municipal Housing Authority and Erie Regional Housing Development Corp. is scheduled to terminate on August 31, 2010. A copy of the agreement is enclosed for your review. Historically, Marine Drive was managed as a cooperative by the tenants under a forty (40) year lease. Following the expiration of the lease, former Mayor Anthony Maisello, in coordination with BMHA, appointed the Kissling Group as manager of the Marine Drive Apartments. When the Kissling agreement terminated, BMHA entered into the current agreement with Erie Regional Housing Development Corp. The Resident Council has asked me to convey to you their strong interest in resuming a "co -op" form of arrangement for management of the Marine Drive Apartments under their supervision. We would like to meet with you to discuss this matter further. Thank you for your continuing leadership on behalf of the residents of the Marine Drive Apartments. Very truly yours, Law Offices of Joseph G. Makowski, LLC REFERRED TO THE COMMITTEE ON LEGISLATION NO 58 PUSH -INFO GREEN DEVELOPMENT ZONE -MASS AVE PARK People United for Sustainable Housing Inc. (PUSH Buffalo) has concentrated its efforts in a Green Development Zone on Buffalo's West Side. The zone is approximately twenty -five square blocks. On the east, the Green Development Zone borders Elmwood Village, cited last year by the American Planning Association as one of the ten greatest urban neighborhoods in the country. On the west, the Green Zone borders the Niagara River. The objective of the Green Development Zone is to create a national model of urban revitalization by concentrating strategic investments in green- design housing rehabilitation, environmental sustainability projects on vacant land, community gardens, and other urban agriculture projects. Since the mid- 1970s, Buffalo's West Side has experienced declining population, increased rates of housing vacancy and small - business decline. Through the efforts of PUSH and a variety of other community -based organizations, new investment and community engagement has begun to reverse these trends. The West Side's attributes, which underlie the recent resurgence, include the following: A pedestrian - friendly street plan with mixed -use buildings and historic Victorian -era homes. Designation as one of the leading sites of refugee resettlement in all of New York State, with about 7,500 refugees resettled in the last four years. Adjacency to Elmwood Village, the fastest appreciating neighborhood in all of Western New York and home to hundreds of small businesses of all types. A commercial district along Grant Street anchored by food wholesalers, retailers and restaurants. Five miles of accessible riverfront, with bike paths and several promenades. A network of strong nonprofit institutions, including the rapidly- expanding D'Youville College. To date, PUSH and its partners have achieved the following in early efforts to advance the Green Development Zone: Constructed environmental sustainability projects on seven vacant lots in the Zone, including a tree farm, community gardens and rain gardens, which absorb rainwater that would otherwise contribute to sewer overflow contamination. Completed six units of green design rehabilitation of vacant housing or low and moderate income occupancy. Through a community organizing campaign, helped to create a new Block by Block funding program which enabled Homefront to begin renovation on six vacant homes on 19th Street. These homes will be sold by Homefront to first -time home buyers. Through a partnership with WNY AmeriCorps, secured Federal YouthBuild funding for employing and training 60 out -of- school young people. Secured funds for the green- design rehabilitation of 11 vacant units on Massachusetts Avenue for low and moderate income occupancy. Work to begin in December 2009. These properties will include extensive solar electricity and highly- efficient heating systems. Secured funds through the NSP program to purchase 20 vacant properties in the Zone for the purposes of creating a development pipeline and piloting a vacant property landbank. Broke ground on a "Net Zero" energy house at 10 Winter Street. Once completed this will be the most energy- efficient home in the region, with a geothermal heating system and extensive solar energy. The Massachusetts Avenue Project, a nonprofit focused on youth development and food justice, has constructed a large urban farm with an aquaculture facility at its heart. To fully realize the Green Development Zone concept, which would place the West Side among the leading models for progressive urban revitalization in the country, resources for the following priorities will need to be identified: Green - design rehabilitation of approximately 100 additional units by PUSH and Homefront. Infrastructure improvements such as bike racks, solar - powered street lights (where feasible), and benches. Coordination with WIBs and training agencies to maximize local hiring in employment. Investment in neglected parkland along Massachusetts Avenue. Expansion of the MAP urban farm and establishment of additional community gardens. Expanded refugee services, especially programs such as Homefront's effort to foster homebuyers in the Burmese community. Marketing materials to publicize the accomplishments in the Zone and to turn it into a teachable model. The realization of the Green Development Zone would advance PUSH's effort to identify replicable strategies for combating blight in upstate cities. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 69 PUSH - UPDATE - COMMUNITY PLAN FOR THE MASS AVE NEIGHBORHOOD PARK Dear Council Member Rivera, We at PUSH Buffalo are writing to update you and the Common Council about our community plan for the Mass Avenue Neighborhood Park, at 378 Massachusetts adjacent to the Butler- Mitchell Boys & Girls Club. As you know, this park has a long history as a great neighborhood asset. It once housed a beloved community resource center and pool and is currently the largest green space between Front Park to the south and Riverside Park to the north, offering recreational opportunities such as basketball, handball, and a playground within walking distance to central West Side residents. Yet the park has suffered some abuse and much neglect in recent years. Despite some inherently strong qualities, the park today is marked more by its problems -- greater vacant space than play space, absence of families and children encouraging criminal use, poor maintenance - -than its opportunities. Residents' frustrations concerning their park fueled PUSH to begin a community planning process in October 2009. More than 100 residents gathered to brainstorm ideas for making the park a more comfortable and functional space. The positive energy of the meeting produced hundreds of ideas in small breakout groups, which were prioritized by the entire group and assembled by architect Kevin Connors of ecoLOGIC Studio into a draft concept plan. The draft plan was put through a review period, during which another 100 residents submitted their comments, and a few changes were made based on the review. In February 2010, a leadership group of residents brought our plan to the Department of Public Works to meet with Commissioner Steve Stepniak. The enclosed letters from these leaders express their personal motivation to help move our park plan forward. The Commissioner, former Deputy Commissioner of Parks Sue Gonzalez and Engineer Francisco Guzman gave us their feedback, informed us that $96,000 had been bonded for our park and asked PUSH to help determine how that money could be spent towards beginning to implement our community plan this year. We are excited to see our community plan become a reality and even more excited to take part in making that reality happen. Thank you for your continued support of our efforts on the Mass Ave Neighborhood Park! We look forward to sharing our progress with the entire Council. Sincerely, PUSH Buffalo REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 60 D. SMITH - BUFFALO SCHOOL PARENTS RECOMMEND CHANGES FOR SUSPENSION POLICY Buffalo School Parents Outline Recommended Changes for Suspension Policy "A MATTER OF LIFE AND DEATH" The unfortunate death of Lafayette H.S. Freshman Jawaan Daniels after being suspended for being caught in a hall sweep requires an immediate since of urgency on part of all members of the Buffalo Public School Community to solve the longstanding problem of Suspension in the Buffalo Public School District. Suspending Jawaan was not a Solution to the problem of him being in the hallway. Sending him home in this case made the situation worse not better. This is true in many other cases of Suspension. The Philosophy of Suspension must be rethought and lead to solutions. Parents are very encouraged that the district is moving in the right direction as it relates to student achievement and want a suspension policy that build on the Academic gains that district has made over the past five years. The current suspension system is Archaic and Punitive. Students get suspended for things like talking during fire drills, being in the hallway, being late for school, not being in uniform, or not going to detention. Parents are not interested in justifying misconduct by students but it's clear that Suspension is not a solution nor has it served as a deterrent to any of the listed problems. This is an Educational System and problems should be an opportunity to teach children not punish them. When a student does something wrong in a school that should present everyone involved with a teachable moment. Teach better problem solving skills, teach coping techniques - most importantly in all cases teach (not punish) and measure the effectiveness of what we are teaching. Representatives of the District Parent Coordinating Council have met on this issue with School Board Members and District Administrators since November. In the course of those meetings we have come to the following conclusions and want them factored into a new suspension policy. 1. Suspension should not be the sole discretionary power of the Principal. a. The Principal is not necessarily the most qualified person to determine whether a suspension effectively addresses the underlying issue in a way that will benefit the student. This is some cases may require a competent professional social worker. The recommendation on how to best address the issue should be decided by those best able to determine a course of action that leads to a resolution. 2. Grounds for Suspension a. All suspensions should be proportional to an infraction. These should be predetermined in some cases and minor infractions should not be grounds for suspension at all. 3. Progressive Discipline a. There should be a progressive discipline policy that leads to suspension as last resort and not a first option. For example discipline should progress from 1. Verbal warning 2. Documented Warning 3. Parental Invention 4. Professional intervention. 4. Eliminate Out of School Suspension for Nonviolent infractions a. Develop in school suspension at all Buffalo Public Schools b. In school problems should have in school solutions. If something requires out of school solution that should be determined by parents and competent professionals. C. Necessary resources should be brought into the school and should be practiced in schools if this is the problem is being played out. 5. Eliminate Home Instruction as currently practiced a. Develop a clearly defined educational plan for students not in classroom, that is monitored, reported on and evaluated b. Instruction should always be in an educational setting and the student should always be in a situation where they are not falling behind on what there fellow students are learning. There are many other recommendations that have been made, but let this be a basis for addressing some of immediate concerns of parents. Most importantly parents want us to commit to a path of successfully solving this problem. Failure is no an option: this is now a Matter of Life and Death. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT PETITIONS NO 61 P. TSOUFLIOIS, OWNER, USE 708 ELMWOOD -TO ALTER FACADE OF BUILDING AND REBUILDING EXISTING OUTDOOR CAFE (DEL)(PUB HRG 6/29) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO 62 T. FLYNN, AGENT, USE 1175 WILLIAM FOR AN OUTDOOR SIGN (FILL)(NO PUB HRG) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 63 APPT ASSOCIATE AUDITOR(PERM)(2 STEP)(SOMANI)(COMPT) (CCP# 24, 6/8) Mrs Russell moved That Communication of 24 of June 8, 2010, be received and Filed and that the Permanent appointment of Seema Somani, 12 Condon Avenue, Buffalo, NY 14207atthe Second Step of$45,206.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 64 APPT JUNIOR DATA CONTROL CLERK (PROV)(INTER)(GARTZ)(COMPT) COP# 25, 6/8 Mrs Russell moved That the above item be the same and hereby is Received and Filed ADOPT NO. 65 APPT DEPUTY COMMISSIONER (EXEMPT)(GUGLIUZZA)(FIRE) CCP# 44, 6/8 Mrs Russell moved That the above item be the same and hereby is Received and Filed ADOPT NO. 66 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM CCP# 58, 6/8 Mrs Russell moved That the above item be the same and hereby is Received and Filed ADOPT FINANCE (MICHAEL P. KEARNS, CHAIRPERSON) NO. 67 PERMISSION TO ACCEPT FUNDS - LASALLE PARK, PHASE 1, MASTER PLAN IMPLEMENTATION (ITEM NO. 32, C.C.P., JUNE 8, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized on behalf of the City to accept $654,830.00 from the Buffalo and Erie County Greenway Fund for the Development of the LaSalle Park, Phase 1, Master Plan Implementation, First Impression Project- PASSED AYES -9 NOES -0 NO. 68 PERMISSION TO ACCEPT FUNDS - LASALLE PARK, PHASE U, MASTER PLAN IMPLEMENTATION (ITEM NO. 33, C.C.P., JUNE 8, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized on behalf of the City to accept $993,506.00 from the Buffalo and Erie County Greenway Fund for the Development of the LaSalle Park, Phase U, Master Plan Implementation. PASSED AYES -9 NOES -0 NO. 69 PERMISSION TO HIRE CONSULTANT - CITY BUILDINGS - COMPREHENSIVE FACILITY ASSESSMENTS (ITEM NO. 36, C.C.P., JUNE 8, 2010) That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to retain a consultant for Comprehensive Facility Assessments on City Buildings. Funds for this project are available in 32320706 445100 - Buildings. PASSED AYES -9 NOES -0 NO. 70 BICYCLE RACK INSTALLATION PROJECT PHASE II - 2010 (ITEM NO. 39, C.C.P., JUNE 8, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to award a contract for Bicycle Rack Installation Project Phase 1/, to EB Ironart, LLC, the lowest responsible bidder, in the amount of $62,212.50 (Base Bid of $59,250.00 + [5% unit price increases] $2,962.50 equals [Total Award] $62,212.50. Funds for the project are available in accounts #31306706 - 445100 and #30032106 - 445100. PASSED AYES -9 NOES -0 NO. 71 REPORT OF BIDS - SYCAMORE VILLAGE ENTRY WALLS & FENCE INSTALLATION (ITEM NO. 40, C.C.P., JUNE 8, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to award a contract for Sycamore Village, Entry Walls & Fence Installation, Job #1014, to Gardenville Landscaping, the lowest responsible bidder, in the amount of $201,198.80. ($178,288.00 base bid + $4,620 alternate #1 + 10% increase $18,290.80 = $201,198.80. Funds for the project are available in 30311306 445100. PASSED AYES -9 NOES -0 NO. 72 CONTRACT WITH BUFFALO MUNICIPAL HOUSING AUTHORITY FOR THE PROVISION OF SUPPLEMENTAL BUFFALO POLICE SERVICES AT AUTHORITY PROPERTIES (ITEM NO. 46, C.C.P., JUNE 8, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved that the above item be recommitted to the Committee on Finance ADOPTED AYES — FONTANA, FRANCZYK, HAYNES, KEARNS, LOCURTO, RIVERA - 6 NOES — GOLOMBEK, RUSSELL, SMITH - 3 NO. 73 CHANGE ORDER FOR 2009 CITYWIDE TREE REMOVAL (PW) (#28,6/26 ( #90, 6/8) That the above item be the same and hereby is Received and Filed. ADOPTED COMMUNITY DEVELOPMENT (MICHAEL J. LOCURTO, CHAIRPERSON' NO. 74 BUFFALO URBAN RENEWAL AGENCY- TRANSFER 381 SYCAMORE (ITEM NO. 52, C.C.P., JUNE 8, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the Mayor, the chairman, Vice Chairman, or any duly authorized offices of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or necessary documents to convey land commonly known as Lot 2, 301 Sycamore, in the amount of $150,000 to Lay Thanette Shine, which is subject to the approval of Agency Legal Counsel. PASSED AYES -9 NOES -0 NO 75 APPROVAL TO TRANSFER ONE(L) HOME IN SYCAMORE VILLAGE -381 SYCAMORE(ELL) (ITEM NO. 150, C.C.P., JUNE 8, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana Moved that the Hearing be Opened 2" By Mr. Golombek Appearances None Councilmember Fontana moved that the Hearing be closed 2 nd by Mr. Kearns Mr. LoCurto moved that the above item is hereby received and filed. ADOPTED LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRPERSON) NO. 76 FOOD STORE LICENSE- 163 WEST FERRY (ITEM NO. 46, C.C.P., JUNE 8, 2010) That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Hafedh H. Al Shahri located at 163 West Ferry d /b /a Sam's Grocery. PASSED AYES -9 NOES -0 NO. 77 R. FONTANA -F. FOGARTY -TIME WARNER RESPONSE TO COB RENEWAL ( #62, 6/8) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 78 S. GEDRA, PETITION TO USE 478 ELMWOOD - ERECT A SEASONAL ENCLOSURE ON AN EXISTING OUTDOOR CARE (ITEM NO. 73, C.C.P., JUNE 8, 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 heating before the Committee on Legislation on June 15, 2010, the petition of S. Gedra, owner, for permission to use 478 Elmwood Avenue to erect a seasonal enclosure (vestibule) November 15 to April 1 and awning April 1 to November 15 in the front of Bistro Eurpoa on an existing outdoor cafe on the right -of -way in the Elmwood Avenue Special Zoning District, a /k/a 484 Elmwood be, and hereby is approved. PASSED AYES -9 NOES -0 NO. 79 D. MUSCOREIL, PETITION TO USE 88 WEST CHIPPEWA SIDEWALK CAFE IN THE FRONT OF AN EXISTING SIT -IN RESTAURANT (ITEM NO. 74, C.C.P„ JUNE 8, 2010) That the petition of D. Muscoreil, owner, for permission to use 88 West Chippewa to place a 6'x 29' outdoor sidewalk caf— in the front of an existing sit -in restaurant on the fight -of -way as per scanned sketch and survey, a /k/a 92 West Chippewa, be and hereby is approved. PASSED AYES -9 NOES -0 NO. 80 B. BAUMKER, PETITION TO USE 2000 ELMWOOD - ERECT AN ILLUMINATED POLE SIGN (ITEM NO. 75, C.C.P., JUNE 8, 2010) That the petition of B. Baumker, agent, for permission to use 2000 Elmwood Avenue for a 8'x4' high accessory pole sign be, and hereby is approved. PASSED AYES -9 NOES -0 NO. 81 SUPPORT AMENDMENT TO FRUIT BELT RENEWAL AREA (STRAT PLAN) ( #10, 5/25) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 82 J. FOGARTY -TIME WARNER CABLE -CITY OF BUFFALO RENEWAL ( #58, 5/25) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 83 M. KEARNS- CONCERNS REQUIRED TIME WARNER DIGITAL SET BOX ( #56, 4/27) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 84 X. ZYLKA- PROTECTING AMERICA AGAINST CONTINENTAL SHUTDOW ( #34, 4/13) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 85 R. FONTANA -C. MCNIERNEY- CONCERNS AMBULANCE RESPONSE IN COB ( #57, 5/25) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 86 J. SMITH - RESPONSE CONCERNS RURAL /METRO MEDICAL SERVICES ( #51, 3/16) That the above item be the same and hereby is Received and Filed. ADOPTED NO 87 C. MCNIEMEY - CONCEMS RURAL /METRO MEDICAL SERVICES IN BUFFALO (#41, 2/2) That he above item be the same and hereby is Received and Filed. ADOPTED NO 88 FOOD STORE LICENSE - 2483 BAILEY (ITEM NO. 37, C.C.P., MAY 25, 2010) That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Mohamed Abdulla located at 2483 Bailey d /b /a NYC Market. PASSED AYES -9 NOES -0 NO 89 FOOD STORE LICENSE - 2534 BAILEY (ITEM NO. 38, C.C.P., MAY 25, 2010) That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Mohamed Moosa located at 2534 Bailey d /b /a Bailey & Kermit Market with the following conditions: 1. No sales of blunts, tobacco or any tobacco items are to be sold at the store. 2. No sales of beer, wine or alcohol are to be sold at the store. 3. All city codes with regards to outdoor signage MUST be adhered to. PASSED AYES -9 NOES -0 NO 90 FOOD STORE LICENSE- 1027 SMITH (ITEM NO. 39, C.C.P., MAY 11, 2010) That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Shaun White located at 1027 Smith d /b /a Smith & Paddy Community Mart. PASSED AYES -9 NOES -0 NO 91 ELIMINATE FORECLOSURE ON PROPERTIES DUE TO NONPAYMENT OF WATER AND SEWER BILLS (ITEM NO. 85, C.C.P., OCT. 13, 2009) That the Common Council requests the elimination of properties from the foreclosure auction due to delinquencies in water bill payments until a better method is put in place to deal with nonpayment of water bills; and That the Common Council requests that the past due interest rate of 21 % that is applied to a metered home after 120 days and an unmetered home after 240 days is reduced to a feasible rate in addition to the establishment era leak abatement program in the City of Buffalo; and The Water Board and Buffalo Sewer Authority evaluate monthly billing rather than the current quarterly billing cycle. ADOPTED NO 92 CHANGE OF TIME FOR ALTERNATE PARKING (ITEM NO. 120, C.C.P., JULY 21, 2009) That alternate parking times are changed in the City of Buffalo to 6:00 p.m. unless circumstance or request provides to be otherwise, with the understanding that any final determination as to parking times is within the sole discretion of the Commissioner of Public Works, Parks and Streets pursuant to Chapter 497 of the City Code. ADOPTED NO 93 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 Clerk forward a certified copy of this resolution to Congress Members Brian Higgins, Louise Slaughter, and Senators Charles Schumer and Kristen Gillibrand. ADOPTED RESOLUTIONS NO 94 BY: MR. FRANCZYK CLOSE CLUB CHIT CHAT WHEREAS: The Strip Club and bar at 1048 Clinton Street, known as Club Chit -Chat, has become a magnet for violent crime, including homicide, assault and robbery; and, WHEREAS: On June 13, 2010, a man was shot and killed outside Club Chit Chat and two others shot and wounded; and, WHEREAS: On February 1, 2010, a man was shot in front of the adult club, and another arrested inside the club for causing mayhem; and, WHEREAS: Since June 2007 police reports show nearly one - hundred calls for crimes such as shots fired, robbery, larceny, theft, fights, assault, harassment, narcotics, juvenile trouble and other crimes and disturbances; and, WHEREAS: It appears that Club Chit Chat is a "gang hang- out," where all forms of crime and mayhem run rampant; and, WHEREAS: Club Chit Chat has become a menace to the community, and the wild -west style gang shootings puts innocent members of the public in danger; and, WHEREAS: The community around Club Chit Chat is organizing a petition drive to the State Liquor Authority to revoke Club Chit Chat's liquor license; NOW, THEREFORE BE IT RESOLVED: That the Common Council requests that the Police Department report on strategies for dealing with the criminal problems at Club Chit Chat; and, BE IT FURTHER RESOLVED: That the Department of Permits and Licenses review Club Chit Chat's Go -Go License, Certificate of Inspection, Music and Vending License and conduct a public hearing as to whether these licenses should be revoked; BE IT FINALLY RESOLVED: That the State Liquor Authority respond to requests regarding the revocation of Club Chit Chat's liquor license. ADOPT RESOLVES, REFER REMAINDER TO THE COMMITTEE ON LEGISLATION NO 96 BY: MR. GOLOMBEK LL INTRO #6 AMENDING THE CHARTER OF THE CITY OF BUFFALO IN RELATION TO DEPARTMENT OF PUBLIC WORKS, PARKS AND STREETS BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1: That Article 15 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended to include §§ 15- 4.1- 15 -4.2 as follows: § 15 -1 Commissioner of Public Works, Parks and Streets. The commissioner of public works, parks and streets shall be the head of the department of public works, parks and streets. § 15 -2 Appointment; Removal. The mayor shall appoint, subject to confirmation by the council, and may at pleasure remove the commissioner of public works, parks and streets. § 15 -3 Qualifications. The commissioner shall either (a) be a civil engineer who has been engaged in the actual practice of his or her profession for at least five years; or (b) have had at least five years of full -time experience in a supervisory position in public service administration or business administration; or (c) an equivalent combination of training, education and experience sufficient to indicate ability to perform the duties of the office. § 15 -4 Duties and Powers. The commissioner shall: (a) Have all the powers and shall exercise all the duties hereinafter conferred upon the several divisions of the department except that if the commissioner does not hold a professional engineer's license, his or her duties shall exclude those duties which require a professional engineer's license and with regard to such duties the commissioner shall relinquish licensing jurisdiction to the city engineer; (b) Act as liaison between the department and other city departments and agencies having an interest in the affairs of the department; (c) Supervise the execution and management of all personnel, programs, activities and expenditures of the department; (d) Have such other powers and duties as may be provided by ordinance or law. &15 -4.1 Deputy Commissioner of Public Works. Parks and Streets There shall be a Deputy Commissioner of Public Works. Parks and Streets who shall act for and aenerallv in place of the Commissioner of Public Works. Parks and Streets and shall possess the same aualifications as those reauired for said Commissioner. The Deputy Commissioner shall be appointed by the Commissioner of Public Works. Parks and Streets and shall be removable at the pleasure of the Commissioner. 15 -4.2 Powers and Duties The Deputy Commissioner of Public Works. Parks and Streets shall exercise such powers and perform such duties as may be assianed to him by the Commissioner of Public Works. Parks and Streets. Section 2: Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions of this local law shall be controlling. Section 3: This local law shall take effect immediately. Section 4: This local law is not subject to mandatory referendum because the subject matter is not enumerated in the Municipal Home Rule Law as a category requiring a referendum. Section 5: IT IS HEREBY CERTIFIED, pursuant to Section 3 -17 of the Charter of the City of Buffalo, that the immediate passage of This Local Law is necessary. Byron W. Brown Mayor APPROVED AS TO FORM ONLY: DAVID RODRIGUEZ ACTING CORPORATION COUNSEL By: Timothy A. Ball Assistant Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. PASSED AYES -9 NOES -0 10 1 [61:I1 BY: MR. GOLOMBEK LL INTRO #7- AMENDING THE CHARTER OF THE CITY OF BUFFALO IN RELATION TO THE DEPARTMENT OF COMMUNITY SERVICES AND RECREATIONAL PROGRAMMING BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1: That Article 16 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended to include § §16- 4.1- 16 -4.2 as follows: § 16 -1 Commissioner of Community Services and Recreational Programming. The commissioner of community services and recreational programming shall be the head of the department of community services and recreational programming. § 16 -2 Appointment; Removal. The mayor shall appoint, subject to confirmation by the common council, and may at pleasure, remove the commissioner of community services and recreational programming. § 16 -3 Qualifications. The commissioner of community services and recreational programming shall be a person who has either: (a) A college degree and demonstrated executive, supervisory and administrative ability with at least five years experience in government or human or community services; or (b) An equivalent combination of training, education and experience sufficient to indicate ability to perform the duties of the office. § 16 -4 Duties and Powers of the Commissioner. The commissioner shall have all the powers and shall exercise all the duties hereinafter conferred upon the divisions of the department; shall administer, correlate and coordinate all the functions of said divisions; shall provide facilities for the research, referral, planning and evaluating of any of the projects within the purposes of the department; and shall prepare or have prepared by the appropriate divisions applications for county, state and federal grants. &16 -4.1 Deputy_ Commissioner of Communitv Services and Recreational Proarammina There shall be a Deputy Commissioner of Communitv Services and Recreational Proarammina who shall act for and aenerallv in place of the Commissioner of Communitv Services and Recreational Proarammina and shall possess the same aualifications as those reauired for said Commissioner. The Deputy Commissioner shall be appointed by the Commissioner of Communitv Services and Recreational Proarammina and shall be removable at the pleasure of the Commissioner. 16 -4.2 Powers and Duties The Deputy Commissioner of Communitv Services and Recreational Proarammina shall exercise such powers and perform such duties as may be assianed to him by the Commissioner of Communitv Services and Recreational Proarammina. Section 2: Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions of this local law shall be controlling. Section 3: This local law shall take effect immediately. Section 4: This local law is not subject to mandatory referendum because the subject matter is not enumerated in the Municipal Home Rule Law as a category requiring a referendum. Section 5: IT IS HEREBY CERTIFIED, pursuant to Section 3 -17 of the Charter of the City of Buffalo, that the immediate passage of this Local Law is necessary. Byron W. Brown Mayor APPROVED AS TO FORM ONLY: DAVID RODRIGUEZ ACTING CORPORATION COUNSEL By: Timothy A. Ball Assistant Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. PASSED AYES -9 NOES -0 NO 97 BY: MR. GOLOMBEK LL INTRO #8- AMENDING THE CHARTER OF THE CITY OF BUFFALO IN RELATION TO THE CREATION OF DEPARTMENT OF PARKING BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1: That Article 17 -A of the Charter of the City of Buffalo, adopted pursuant to law, is hereby added as follows: Article 17 -A Department of Parkina 0§ 17 -9- 17 -151 &17 -9 Commissioner of Parkina The Commissioner of Parkina shall be the head of the Department of Parkina and shall possess the authoritv of the Commissioner of Traffic pursuant to &236 of the Vehicle and Traffic Law of the State of New York and Article I. Chapter 307. & &307.1- 307 -15.2 of the Citv Code and shall be the Chief Executive Officer of the Board of Parkina. &17 -10 Appointment: Removal The Commissioner shall be appointed by the Mavor. subiect to confirmation by the Council. and shall be removable at the pleasure of the Mayor. &17 -11 Qualifications of the Commissioner The Commissioner shall be a araduate from an accredited Colleae or Universitv and have at least three vears of experience in the manaaement. supervision or administration of Darkina. traffic or transportation operations. &17 -12 Duties and Powers The Commissioner shall have all of the powers and shall be responsible for all the duties hereinafter conferred upon the Department and the Parkina Violations Bureau. such other duties and powers. as may be conferred upon the Commissioner or the Parkina Violations Bureau by law or ordinance and shall act as the Commissioner of Traffic for purposes of New York State Vehicle and Traffic Law &236. The Commissioner shall have supervision and manaaement of the Department of Parkina. and of its emr)lovees. and shall appoint such other persons as shall be necessary to perform the work of the Department of Parkina and of its Parkina Violations Bureau. within the amounts available therefore by appropriation of the Common Council. The Commissioner shall be responsible for the manaaement of on- street Darkina operations. includina: (1) determinina where and when to focus enforcement: (2) creatina budaets for the Department and the Parkina Violations Bureau: (3) determinina when and where meter or Dav site collections will take place: (4) determinina levels and schedules of enforcement: (5) determinina the adeauacv of reaulatory sianaae: (6) overseeina Darkina meter and Dav station repairs: (7) coordinatina on- street and off - street Darkina initiatives relative to City- owned Darkina ramps to maximize Darkina efficiencv and revenue aeneration: (8) coordinatina public outreach and Darkina education initiatives to encouraae compliance. The Commissioner shall also be the Chief Executive Officer of the Board of Parkina and shall exercise all off - street Darkina duties conferred upon him or her by § 18 -36 of the Citv Charter. Section 2: Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions of this local law shall be controlling. Section 3: This local law shall take effect immediately. Section 4: This local law is not subject to mandatory referendum because the subject matter is not enumerated in the Municipal Home Rule Law as a category requiring a referendum. Byron W. Brown Mayor APPROVED AS TO FORM ONLY: DAVID RODRIGUEZ ACTING CORPORATION COUNSEL By: Timothy A. Bali Assistant Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. PASSED AYES -9 NOES -0 NO 98 BY: MR. HAYNES GRANT PERMISSION FOR BUFFALO INFRINGEMENT FESTIVAL TO HANG A BANNER Whereas: Buffalo Infringement Festival will be holding their 2 nd annual festival this year from July 22, 2010 through August 1, 2010; and Whereas: Centered in the heart of Allentown, the Buffalo Infringement Festival is an opportunity for artists to share their music, art, poetry, dance, drama, performance and media with a public audience; and Whereas: Outdoor events and demonstrations will engage people with art and entertainment through various non - conventional forms of street performances, displays and exhibits; and Whereas: To encourage residents to participate in the event and to promote the festival, the organizers would like to hang a banner across Allen Street at the comer of Wadsworth; and Whereas: Buffalo Infringement Festival would like to hang the banner from July 10, 2010 until August 3, 2010; Now, Therefore, Be It Resolved: That the City of Buffalo Common Council hereby grants permission to the Buffalo Infringement Festival to hang a banner on Allen Street at Wadsworth on Poles 6 and 7, from July 10, 2010 until August 3, 2010; and Now, Therefore, Be It Further Resolved: That the banner be hung in accordance with all conditions, restrictions, and requirements as set forth by the City of Buffalo and the Department of Public Works, Parks and Streets. ADOPTED NO 99 SPONSOR: MIKE LOCURTO PERMISSION TO HANG "HEARTLIGHT" BANNER Whereas: Child and Family Services is holding their 12 annual Heartlight fundraiser to benefit their organization; and Whereas: Representatives from Child and Family Services have requested permission to utilize two trees to hang the banner across Delaware Avenue at West Utica from Friday, September 3rd, 2010 through Monday October 4th, 2010 in celebration of this event; and Whereas: Child and Family Services representatives are familiar with the banner requirements and will purchase the necessary bond before the banner is installed; Now Therefore Be It Resolved: That the Common Council does hereby grant permission to Child and Family Services to hang a banner celebrating their Annual Heartlight event across Delaware Avenue at West Utica from Friday, September 3rd, 2010 through Monday October 4th, 2010, providing the banner meets the requirements of all pertinent City Departments and ensures that no existing laws or ordinances are violated. ADOPTED BY: MS. RUSSELL NO 100 BUDGET AND PERSONNEL AMENDMENT O6 - DEPARTMENT OF LAW 1062 -ADMINISTRATIVE ADJUDICATION The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 05 - Department of Law, 1052 - Administrative Adjudication which currently reads: 1 Ordinance Compliance Officer $31,315 - $34,842 Is hereby amended to read: 1 Legal Secretary $34,006 - $39,162 IT IS HEREBY CERTIFIED, that a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position DAVID RODRIGUEZ, ACTING CORPORATION COUNSEL AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. REFERRED TO THE COMMITTEE ON FINANCE BY: MS. RUSSELL NO 101 BUDGET AND PERSONNEL AMENDMENT 03 - EXECUTIVE DEPARTMENT 1609 - STRATEGIC PLANNING The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 03 - Executive Department, 1509 - Strategic Planning which currently reads: 1 Executive Assistant to the Executive Director of Strategic Planning $ 42,297 Is hereby amended to read: 1 Confidential Secretary to the Executive Director of Strategic Planning $ 42,297 IT IS HEREBY CERTIFIED, that a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position BRENDAN MEHAFFY, EXECUTIVE DIRECTOR OF STRATEGIC PLANNING AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. REFERRED TO THE COMMITTEE ON FINANCE NO 102 BY: MR. SMITH TO DEVELOP AN URBAN RENEWAL PLAN IN CONJUNCTION WITH STRATEGIC PLANNING FOR THE CENTRAL PARK NEIGHBORHOOD Whereas: The Central Park Neighborhood has been in a steady decline for the past 20 years; and Whereas; The residents of the Central Park neighborhood request the restoration of the neighborhood; and Whereas: Of the 49 storefronts in the Central Park Plaza only 3 are currently actively rented while other properties are dilapidated; and Whereas: The plaza has been subject to the dumping of wastes, criminal activity, dog fighting rings and loitering that has affected the entire area. Now, Therefore, Be It Resolved That: The Office of Strategic Planning, Bura and any other affiliated agencies develop an urban renewal plan for the Central Park Neighborhood from Fillmore Avenue to Olympic Avenue (west to east) and Main Street to the 33 Expressway (North to South). REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 103 BY: MR. SMITH HOME RULE MESSAGE REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS BILL S. 1166B (A. 2062B) TO AMEND THE VEHICLE AND TRAFFIC LAW IN RELATION TO DIRECTING THE CITY OF BUFFALO TO ADJUDICATE TRAFFIC INFRACTIONS WHEREAS, Bill S. 1156B (A. 2062B) has been introduced in the New York State Senate; and WHEREAS, such bill would direct the City of Buffalo to adjudicate traffic infractions, which are presently adjudicated by the New York State Department of Motor Vehicles; and WHEREAS, such authorization would have a positive benefit to the people of the City of Buffalo by permitting all traffic related violations to be adjudicated in a single convenient location; and WHEREAS, such authorization would be of benefit to the City of Buffalo by allowing the City to participate in and receive traffic infraction revenue; and WHEREAS, such authorization would place the City of Buffalo in a position equal to other cities and towns in the State of New York with respect to the adjudication of traffic infractions; and WHEREAS, the City of Buffalo does not have the power to enact such legislation by local law; NOW, THEREFORE, BE IT RESOLVED that, pursuant to Article IX of the New York State Constitution, the City of Buffalo requests the enactment of Senate Bill 1156B (Assembly Bill A. 2062B), entitled "AN ACT to amend the vehicle and traffic law, in relation to directing the City of Buffalo to adjudicate traffic infractions "; and BE IT FURTHER RESOLVED, that it is hereby declared that that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are that the city does not have the power to enact such legislation by local law; and BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to forward four (4) copies of this Home Rule Request to the New York State Legislature as follows: Two (2) copies of this Resolution and two (2) copies of the completed Home Rule Request to the Senate Home Rule Counsel at Senate Post Office, The Capitol, Albany, New York 12247; and two (2) copies of this Resolution and two (2) copies of the completed Home Rule Request to the Assembly Home Rule Counsel at Assembly Post Office, The Capitol, Albany, New York 12248. ADOPTED NO 104 BY: DEMONE A. SMITH NATIONAL NIGHT OUT WHEREAS, On Wednesday, August 3, 2010 a unique crime /drug prevention event sponsored by The Crime Prevention Association of W. N.Y will hold its 3 rd annual night out at E.C.M.C. and WHEREAS, National Night Out is designed to heighten crime and drug prevention awareness; • generate support for, and participation in, local anticrime programs; • strengthen neighborhood spirit and police- community partnerships; • send a message to criminals letting them know that neighborhoods are organized and fighting back; and WHEREAS, National Night Out has proven to be an effective and inexpensive way to promote neighborhood spirit and police- community partnerships in our fight for safer communities; and WHEREAS, in 2009, National Night Out had a participation rate of 36 million people from over 15,000 communities from all 50 states, U. S territories, Canadian cities and military bases worldwide; and WHEREAS: The Common Council encourages participation by the public in this year's National Night Out celebration on Wednesday, August 3, 2010; NOW THEREFORE BE IT RESOLVED: That this Common Council hereby waives the permit fees associated with National Night Out on August 3,2010; and BE IT FURTHER RESOLVED: That this Common Council hereby waives the press conference and kick -off celebration stage and permit fees for The Crime Prevention Association of W.N.Y celebration at E.C.M.0 on August 2, 2010; and BE IT FINALLY RESOLVED: That a copy of this resolution be sent the Department of Public Works and Streets and the Buffalo of Block Clubs. ADOPTED NO 106 BY: MR. SMITH REQUESTING PERMISSION TO ERECT 12 VERTICAL "STREET POLE BANNERS" ALONG SIDE OF GRIDER STREET BETWEEN KENSINGTON AND DELAVAN AVE Whereas: The signage would advertise the Farmers' Market at Grider which has been an initiative taken up by ECMC and the Delavan Grider Community Center; and Whereas: The Grider Street and Durham Street Block Clubs have been involved in this project as well as Ephesus Ministries, St. Phillips Episcopal and Mt. Olive Baptist Churches. Now, Therefore, Be It Resolved That: 12 vertical banners with the house /building numbers that are located behind or near poles at 591,573,525, near 501, 493, between 451- 445, between 435 and 425,397, 349, 335, 323,299 and one "over street mesh banner" across Grider Street (pole #384) at Litchfield be hung June 28, 2010 through November 5, 2010. PASSED W /COND AYES -9 NOES -0 NO. 106 BY MR. DEMONE A. SMITH: ORDINANCE AMENDMENT CHAPTER 197— RESPONSIBLE TOBACCO PRODUCT RETAILING The Common Council of the City of Buffalo does hereby ordain as follows: WHEREAS: More than 2,100 high school age youth in the City of Buffalo and 33,600 adults currently smoke and approximately 390 adults in Buffalo die prematurely from smoking each year; WHEREAS: Each year, approximately 1,200 new kids under the age of 18 in the City of Buffalo try smoking for the first time and, unless current trends change, more than 17,100 of the children alive today in Buffalo will grow up to be addicted adult smokers; WHEREAS: Smoking- caused healthcare costs in the City total at least $108 million per year, with smoking- caused worker productivity losses in the City annually totaling more than $80 million. WHEREAS: Tobacco products - unlike any other consumable product sold at retail - are inherently and inescapably harmful and addictive when used exactly as intended, and there is no safe or risk -free way to consume Tobacco Products; WHEREAS: Tobacco use and the advertising, marketing and sale of Tobacco Products in the City of Buffalo create substantial public health harms and other harms and costs in the City; WHEREAS: Tobacco use and the advertising, marketing and sale of Tobacco Products in the City of Buffalo create significant law enforcement problems relating to such matters as sales to youth and the sale and purchase of illicit Tobacco Products; WHEREAS: Existing federal, state and local efforts to prevent and reduce tobacco use are not reducing tobacco use and its many harms and costs rapidly enough in the City of Buffalo; WHEREAS: The advertising, marketing and sale of Tobacco Products at retail outlets increases and sustains tobacco use and its many harms and costs by increasing tobacco use experimentation and initiation, especially among youth, reducing tobacco use cessation among existing users, and prompting unplanned impulse purchases of Tobacco Products by both ongoing users and those trying to quit; WHEREAS: The advertising, marketing and sale of Tobacco Products with candy, fruit or other kid - attracting or harshness - reducing flavors in locations accessible by youth increases youth experimentation, initiation and addicted use; WHEREAS: The advertising marketing and sale of Tobacco Products is inherently deceptive and misleading to consumers because it presents Tobacco Products as acceptable, even beneficial and attractive, items for consumer purchase and use; and just the fact that Tobacco Products are permitted to be sold and advertised misleads many consumers to believe that Tobacco Products are significantly less harmful and addictive than they actually are; WHEREAS: The typically disproportionate amount of advertising for Tobacco Products at retail outlets blocks and impedes the display of advertising for other products that, unlike Tobacco Products, can be used safely and often produce consumer and social benefits - thereby impeding efforts to advertise these other products and blocking the availability of consumer information about these other products; WHEREAS: The advertising and marketing of Tobacco Products at retail outlets and near schools and playgrounds reaches and influences many youths, thereby encouraging initiation and tobacco use by minors, and related purchases by and sales to minors, in violation of applicable laws; WHEREAS: The more youth are exposed to tobacco product advertising, marketing and sales the more likely they are to experiment with and initiate tobacco use and the more likely they are to become addicted users; WHEREAS: Minimizing youth exposure to tobacco product advertising and sales is an effective way to prevent and reduce youth tobacco use; WHEREAS: Minimizing the amount of tobacco product advertising, especially in locations where it is most likely to be viewed by youth, is the most effective way to reduce youth exposure to tobacco product advertising; WHEREAS: Tobacco product manufacturers, importers, distributors and other sellers have numerous ways to communicate product information and provide other advertising to their legal adult customers other than through display advertisements and signs inside or outside of retail outlets or in other outdoor areas; WHEREAS: The First Amendment does not allow the City of Buffalo to eliminate all tobacco product advertising or all tobacco product advertising that reaches youth; WHEREAS: Upcoming new federal restrictions and requirements on cigarette and smokeless tobacco product advertising and marketing will still allow for substantial youth and adult exposure to tobacco product advertising, marketing and sales and will still allow tobacco product advertising and marketing to mislead consumers, increase youth experimentation and initiation, and increase overall tobacco use, harms and costs; WHEREAS: Existing warning labels on Tobacco Products and related advertising, while helpful, do not adequately educate consumers about the harmfulness and addictiveness of tobacco products and do not adequately counter the power of Tobacco Product advertising, marketing and sales to mislead consumers, increase initiation, reduce cessation, and otherwise maintain or increase overall tobacco use; WHEREAS: Additional measures are needed to educate consumers about how harmful and addictive tobacco products are and to inform current users how they can get help to quit or cutback their tobacco use, and to remind consumers of these facts at the point of purchase so that they can avoid unplanned impulse buys of tobacco products and make more thoughtful purchase decisions; WHEREAS: The City of Buffalo is preempted by federal law from requiring warning labels on cigarette or smokeless tobacco packages or advertising; WHEREAS: Reducing the number of retail outlets that sell tobacco products in the City of Buffalo will make tobacco product sales and marketing less pervasive and appear less acceptable and common and will otherwise help to prevent and reduce tobacco use; WHEREAS: Sales of tobacco products in locations directly associated with healthcare and medicines makes tobacco products appear less harmful and more acceptable than they actually are; WHEREAS: Sales of tobacco products in locations frequented by youth directly increases youth experimentation, initiation and use; WHEREAS: Sales of tobacco products in locations where food or alcoholic beverages are served or at recreational facilities increases unplanned impulse purchases and otherwise increases tobacco use; WHEREAS: Banning the sale of Tobacco Products in the City of Buffalo would cause substantial economic harm to the City and to many retailers located in the City - while Tobacco Products would still be available for purchase by Buffalo consumers in other nearby locations -and could promote a substantial increase in contraband Tobacco Product trafficking and other illicit trade; WHEREAS: The manufacturers and importers of Tobacco Products sold in the City of Buffalo enjoy substantial revenues and profits from the marketing and sale of their Tobacco Products in the City; WHEREAS: Manufacturers and importers of tobacco products often support retailer -based advertising, marketing and discounting of tobacco products in the City of Buffalo through monetary payments and other means; WHEREAS: The manufacturers and importers of Tobacco Products sold in the City of Buffalo do not currently provide the City with any resources to enable the city to regulate the marketing and sale of those Tobacco Products effectively to reduce and otherwise address the many harms, costs and other problems caused to the City from the marketing, sale and use of those Tobacco Products; WHEREAS: The advertising, marketing and sale of large numbers of different Tobacco Products and different Tobacco Product brands and sub - brands in the City of Buffalo - including many with special flavorings attractive to youth and many that are inaccurately perceived by consumers as less risky or less harmful than other brands or sub - brands - works to increase and sustain tobacco use and its many harms and costs; WHEREAS: The advertising, marketing and sale of large numbers of different Tobacco Products and different Tobacco Product brands and sub - brands in the City of Buffalo reduces the variety, availability, and prominence at retail of other, more beneficial consumer products, and their advertising, in the City; WHEREAS: The City of Buffalo has a direct interest in reducing tobacco use and its many harms and costs in the City to the lowest possible levels as quickly as possible; WHEREAS: The City of Buffalo has a direct interest in minimizing youth exposure to any tobacco product advertising, marketing and sales in the City; WHEREAS: The City of Buffalo has a direct interest in minimizing adult exposure to tobacco product advertising, marketing and sales in the City, especially all such tobacco product advertising that is misleading, increases unintended and undesired impulse purchases and use, impedes cessation efforts, or otherwise manipulates or influences adults to initiate, sustain or increase their tobacco use; WHEREAS: The City of Buffalo has a direct interest in stopping disproportionate amounts of tobacco product advertising from blocking the advertising of other products that, unlike tobacco products, are not unavoidably harmful when used as intended and, in many cases, produce substantial consumer and social benefits; WHEREAS: The following new efforts to license retail sellers of Tobacco Products, regulate and restrict the marketing and sale of Tobacco Products to Buffalo consumers, reduce the number of retail outlets that sell Tobacco Products, and otherwise reduce the availability and number of Tobacco Product brands and sub - brands offered for sale to Buffalo consumers will each and all work directly to help reduce tobacco use and the many harms and costs in the City caused by tobacco use and by the marketing and sale of Tobacco Products in the City as quickly and sharply as possible and otherwise promote the City of Buffalo's interests described above; WHEREAS: The following provisions are each and all necessary to help prevent and reduce tobacco use and its harms in the City of Buffalo as quickly and effectively as possible; WHEREAS: Any delay in preventing and reducing tobacco use and its harms in the City of Buffalo will have horrible consequences in terms of increased addiction, disease, disability and premature death; WHEREAS- Any delay in preventing and reducing tobacco use and its harms in the City of Buffalo will translate directly into higher government, private sector and household expenditures and costs; and WHEREAS: The following provisions will leave tobacco product manufacturers, importers and sellers with reasonable and adequate ways to communicate non - misleading commercial information to their legal customers about the tobacco products they manufacture, import or sell: NOW, THEREFORE, BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO, as follows: Section 1. New Chapter 195. The Common Council of the City of Buffalo hereby establishes the following new Chapter 195, Responsible Tobacco Product Retailing, be added, effective 90 days after passage, including Sections 195 -1 through 195 -12, to read as follows: Chapter 195, Responsible Tobacco Product Retailing § 195 -1. Definitions. As used in this Chapter, the following terms shall have the meanings indicated: "Brand" of Tobacco Product means all styles of Tobacco Products sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors - including but not limited to, terms such as "menthol," "kings," "100s," "cherry- flavored," "lights," "smooths," "blues," "rough cut," and the like - or by packaging that uses a different color or style - and includes any brand name, alone or in conjunction with any other word, trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other indicia of product identification identical to or similar to, or identifiable with, a previously known brand of Tobacco Product. "Commissioner" means the Commissioner of the Department. "Department" means the Department of Economic Development, Permit and Inspection Services, or any person authorized by the Commissioner to act on the Department's behalf. "Person" means any natural person, company, corporation, firm, partnership, business, organization, or other legal entity. "Sub- Brand" of Tobacco Product means any Tobacco Product differentiated from other Tobacco Products within the same Brand by means of an additional modifier or descriptor - including but not limited to terms such as "menthol," "kings," "100s," "cherry- flavored," "lights," "smooths," "blues," "rough cut," and the like - or by packaging that uses a different color or style. "Tobacco Product" means any product or substance that contains tobacco, including but not limited to cigarettes, cigars, pipes, snuff, smoking tobacco and smokeless Tobacco Products, that is intended or expected for human consumption, except for any such product that has been approved by the U.S. Food and Drug Administration, pursuant to its authority over drugs and devices, for sale as a tobacco use cessation product or for other medical purposes and is being marketed and sold solely for that approved purpose. § 195 -2. Required Licenses. A. Starting April 1, 2011, no person shall engage in the business of selling Tobacco Products to consumers in the City of Buffalo without first having been issued a license by the Department pursuant to a verified written application upon a form provided by the Department. B. Except in cases of a license holder's death and the transfer of the business and related license to his or her heirs, any change in business ownership or business location requires a new application and new license, and all licenses issued pursuant to this Section are nontransferable and are valid for only the specific owner /operator and the specific business location indicated on the license. The application for a replacement license, pursuant to this Section, for the same location by the heirs of a holder of an expiring license who died during the term of the expiring license shall be considered an application for a renewal of a license and not an application for a new license. C. Licenses shall be issued for a period of no more than one year, terminating on the next March 31 following the effective date of the license, unless prior to that date the license is revoked by the Commissioner or the Common Council for cause or abandoned or otherwise terminated by the person holding the license. D. Upon receipt of a complete license application or a complete application for a renewal of a license, the Commissioner shall, to the extent the Commissioner deems necessary or appropriate for determining if a license should be issued, refer such application to the Police Department, Fire Prevention Bureau of the Fire Department, City Treasurer and any other relevant department or agency of City, State or Federal Government. E. No license for the sale of Tobacco Products shall be issued if the applicant is not registered with the state as a retail dealer in cigarettes or other Tobacco Products. F. No license for the sale of Tobacco Products shall be issued, and any existing license shall be revoked, if: (1) the applicant has been found by a court of law to have violated any federal, state or local law prohibiting trafficking in contraband Tobacco Products or illegal drugs or has been convicted of violating any criminal law pertaining to tobacco products or fraud; (2) the applicant has been found by a court of law or formal administrative heating to have violated this Act or any local, state or federal law pertaining to the marketing or sale of Tobacco Products more than three times in the preceding two years; (3) the applicant has been found by a court of law or formal administrative hearing to have knowingly and willfully violated this Act or any other local, state or federal law pertaining to the marketing or sale of Tobacco Products; (4) the applicant knowingly provides false and misleading material information or knowingly fails to disclose material information in an application for a license under this Chapter; (5) the structure that is the subject of the application is determined to have code violations that threaten the health and safety of patrons or does not have a valid certificate of occupancy; (6) if the applicant has not paid to the City all fees, fines, penalties or other charges pertaining to any licenses pursuant to this Chapter held by the applicant or held for the subject location or pertaining to any prior violations of this Chapter pertaining to that location, unless the Department has determined that the applicant has no direct connection with those licenses or violations or to any related fees, fines, penalties or other charges; or (7) the Commissioner determines that the applicant is otherwise not fit to hold a license because of past criminal convictions or civil law violations. G. No license shall be issued pursuant to this Section to any seller of Tobacco Products that is not in a fixed, permanent location. H. Unless the applicant has owned a business that has been selling Tobacco Products fit that same location for at least 180 consecutive days immediately prior to the enactment of this Chapter, or has inherited such a business from the prior owner during those 180 days, no new license shall be issued pursuant to this Section to any seller of Tobacco Products: (1). located at or on the property of any hospital or any other facility where health care services are provided; (2) that also sells prescription drugs at the same location; (3) that also sells or serves alcoholic beverages for on- premises consumption at the same location; (4) that operates a bowling alley, movie theater, game room or amusement arcade at the same location, or that obtains more than 50 percent of its revenues from providing any services or products used or consumed on site by children at the same location; (5) located at or on the property of any elementary or secondary school, college, university, or other educational institution; (6) located at any facility or property used primarily to provide on -site services to persons under the age of 18, such as child day care centers, children's institutions and youth centers; or (7) located within 1,000 feet of the perimeter of the property of any location identified in Paragraphs (5) or (6), above. I. Starting April 1, 2012, the total number of new and renewed licenses issued in the City of Buffalo pursuant to this Section for the sale of Tobacco Products to consumers for any year shall not exceed the total number of all such licenses in effect during the prior year. J. Starting April 1, 2013, the total number of new (as opposed to renewed) licenses issued in the City of Buffalo pursuant to this Section for the sale of Tobacco Products to consumers in any year shall amount to no more than one new license for every two such licenses that were revoked in the prior year and one new license for every two such licenses issued in the prior year for which no renewal application was submitted or granted, until such time as the total number of either type of license issued pursuant to this Section in any given year is no more than 100 at which point the maximum number of available licenses for that and any future year shall be maintained at 100. K. After the license year ending March 31, 2014, no license to sell Tobacco Products shall be issued pursuant to this Section to any seller of Tobacco Products at any location that has any of the characteristics identified in Paragraphs (1) through (6) of Subsection H, above, of this Section. L. Whenever the number of valid submitted applications for new licenses to sell Tobacco Products exceeds the maximum number of such new licenses that may be issued pursuant to this Section, the Commissioner shall grant such licenses using the following priorities: (1) Licenses shall be granted, first, to any person that held a valid license in the prior year, which is not being renewed, at a location that will in the future no longer qualify for such a license because of Subsection K, above, and is voluntarily moving his business ahead of time to a location where Tobacco Products may be sold even after Subsection K goes into effect. If there are more valid applications from such sellers for new licenses than the number of available new licenses, the licenses shall be granted to those applicants by lottery; (2) Licenses shall be granted, second, to any person that held a valid license in the prior year at a location that no longer qualifies for such a license because of Subsections L, above, and is seeking a license at a new location where Tobacco Products may be sold. If there are more valid applications from such sellers for new licenses than the number of available new licenses, the licenses shall be granted to those applicants by lottery; (3) Licenses shall be granted, third, to applicants who will sell the Tobacco Products only from a facility that does not permit persons under the age of 18 at any time. If there are more valid applications from such adult -only sellers for new licenses than the number of available new licenses, the licenses shall be granted to those applicants by lottery; (4) Any remaining available new licenses shall be allocated among applicants from the different Common Council Districts in order to bring the total number of renewed and new licenses of each type in each District to approximately the same number. If there are more valid applications from applicants located in a specific Common Council District than the number of new licenses allocated to be issued for that District, the licenses for that Common Counsel District shall be granted to those applicants by lottery. M. The Commissioner shall state in writing why a license is not issued or renewed, shall advise the applicant in writing of such reason, and shall offer the applicant an opportunity for a hearing. The Commissioner may appoint a hearing officer to conduct such a hearing. N. The Commissioner may suspend or revoke a license issued pursuant to this Chapter for violations of its terms after notice to the license holder of the reasons for such suspension and revocation. The Commissioner shall provide any license holder an opportunity for a hearing regarding such suspension or revocation. Such hearing shall be held in a timely manner, shall provide the license holder with a statement of the alleged violations, shall offer the license holder an opportunity to cross examine witnesses against him or her, to offer evidence and argument on his or her behalf and to be represented by counsel. A record shall be made of the hearing. The Commissioner may appoint a hearing officer to conduct the hearing and to present the Commissioner with the record and the hearing officer's findings, conclusions and recommendations. The Commissioner shall have the sole authority to make a final determination regarding the suspension or revocation of a license. O. Any license issued pursuant to this Chapter shall be displayed prominently at the location where the Tobacco Products are sold so that it is readily visible to customers. P. Any seller of Tobacco Products operating without the license required by this Chapter shall be subject to a fine. Every day offering for sale or selling Tobacco Products without a license shall constitute a separate violation. Q. Any seller of Tobacco Products that continues offering for sale or selling Tobacco Products without the license required by this Chapter after receiving notice from the Department or the Buffalo Police Department that the seller is operating without a license required by this Chapter shall be immediately closed by order of the Department or the Buffalo Police Department until such time as the seller removes all the Tobacco Products from the location or obtains the required license. § 195 -3. Required Permits. A. Starting January 1,2011, no person shall sell, offer for sale, or otherwise provide to consumers in the City of Buffalo any Brand or Sub - Brand of any Tobacco Product unless the name of that Brand or Sub -Brand has been put on the Department's list of Tobacco Product Brands and Sub - Brands that may be sold to consumers in the City pursuant to this Section. B. No Brand or Sub -Brand of Tobacco Product may be placed on the list of Tobacco Product Brands and Sub - Brands that may be sold to consumers in the City pursuant to this Section unless the manufacturer or an importer into the United States of that Brand or Sub -Brand has obtained a permit for that Brand or Sub -Brand from the Department pursuant to submitting the permit fee payment and a verified written application upon a form provided by the Department. Only one permit shall be required for each Brand and for each Sub -Brand of a Tobacco Product to allow its sale in the City. C. All permits issued pursuant to this Section are nontransferable, and are valid for only the Brand or Sub -Brand indicated on the license. Any change in the Brand or Sub -Brand requires a new application. D. Permits shall be issued for a period of no more than one year, terminating at the end of the calendar year of the effective date of the license, unless prior to that date the permit is revoked by the Commissioner or the Common Council for cause or abandoned or otherwise terminated by the person holding the permit. E. The annual fee for each permit issued pursuant to this Section shall be $1,000 for each Brand or Sub - Brand, and all permit fees paid to the Department shall be used solely for the administration and enforcement of this Chapter and other City laws relating to Tobacco Products. The Commissioner shall annually review the actual and expected payments received by the City for the permits issued pursuant to this Section compared to the City's actual and expected expenditures to administer and enforce this Chapter and other City laws relating to the retail sale of Tobacco Products in the City, and the Commissioner shall adjust the permit fee amount for the next permit year whenever a significant shortfall or excess of permit fee revenues occurs or is projected for the coming fiscal year, except that the permit fee shall not be increased or reduced by more than $500 for any year without the Common Council's formal consent. F. Upon receipt of a complete permit application or a complete application for a renewal of a permit, the Commissioner shall refer such application to the relevant departments or agencies of City, State or Federal Government which the Commissioner deems appropriate for determining if a permit should be issued. G. No permit shall be issued for the Brand or Sub -Brand of any manufacturer or importer if the applicant: (i) does not have a valid permit to engage in the business of manufacturing or importing Tobacco Products from the federal government pursuant to the Internal Revenue Code (26 USC 5712 et seq.); (2) sells cigarettes to consumers in New York State, as defined by New York State Public Health Law Section 1399 -p, and is not compliant with that State law; or (3) knowingly provides false and misleading material information or knowingly fails to disclose material information in an application for the permit. H. No permit shall be issued for any Brand or Sub -Brand of cigarettes that is not certified as compliant with New York State fire - safety standards for cigarettes pursuant to New York State Executive Law Section 156 -c, as identified on the list of certified brands and sub - brands maintained by the Office of Fire Prevention Control of the New York Secretary of State. I. No permit shall be issued for any Brand or Sub -Brand of Tobacco Product that is not allowed to be sold in the City of Buffalo pursuant to Section 195 -7, below. J. No permit shall be issued, and any existing permits shall be revoked, for the Brands or Sub - Brands of any Tobacco Product manufacturer or importer that has, within the past two years, been convicted of violating any federal, state or other criminal laws prohibiting trafficking in contraband Tobacco Products. K. Any Brands or Sub -Brand of Tobacco Products without a permit under this Chapter that are offered for sale to consumers in this City shall immediately be confiscated by the Buffalo Police Department or the Department. Any such confiscated Tobacco Product Brands or Sub -Brand that do not have a permit under this Chapter shall be destroyed unless used for enforcement or research purposes. L. The Department shall regularly update the list of Tobacco Product Brands and Sub - Brands that have a valid permit pursuant to this Section and may be legally sold to consumers in the City of Buffalo, and shall make that list available to those licensed to sell Tobacco Products in the City and to the public by posting the list on the City's website and through other means. M. Upon request from the Department, any person selling Tobacco Products in the City of Buffalo shall provide the Department with a list of al! Brands and Sub - Brands of Tobacco Products the seller sells or offers for sale in the City and shall identify the person or other source from which the seller obtains each of those Brands and Sub - Brands. Any information provided to the Department pursuant to this Subsection shall be used only to administer and enforce this Chapter and any other laws relating to the sale of Tobacco Products in the City of Buffalo. § 195 -4. Administration and Enforcement of Permits and Licenses. A. The Department may issue any regulations or guidelines necessary to implement, administer or enforce this Chapter. B. Any license or permit granted under this Chapter may be suspended or revoked for cause by the Common Council, after notice and hearing. C. The procedure for governing license and permit renewals pursuant to this Chapter shall follow the same procedures used for food store licenses under Chapter 194, Subsection 194 -7.1, including its references to Section 194 -7. D. The Department shall establish a process for receiving and investigating reports from the public and others relating to the suitability of applicants for licenses or permits and to suspected or observed violations of this Chapter. E. The City of Buffalo reserves the right to make unannounced, periodic on -site inspections during business hours by the Department or other enforcement officials to ensure compliance with all applicable laws and ordinances. The Department, or a person authorized by the Commissioner to act on the Department's behalf, shall make at least one unannounced inspection each year of each location subject to a license issued pursuant to this Chapter to ensure compliance with this Chapter and identify any violations. F. To avoid duplicated efforts, conserve funding, and enhance the administration and enforcement of this Chapter, the Department may coordinate its efforts to implement and enforce this Section and this Chapter with other New York state or local governments or governmental agencies with similar laws and make use of any information or other resources available from those other governments or agencies. G. The issuing of any license or permit pursuant to this Section or Chapter shall not confer any property rights on any holder of any such license or permit. H. The Department shall maintain regularly updated lists of the persons holding a license or permit pursuant to this Chapter and make those lists publicly available by posting the lists on the City's website and through other means. § 195 -5. Restrictions on the distribution or sale of free or discounted Tobacco Products. A. No person shall for commercial purposes: (1) offer or distribute to consumers in the City of Buffalo any Tobacco Product for free, or offer for sale or sell any Tobacco Product to consumers in the City at a nominal price or at Less than Basic Cost; (2) distribute or cause to be distributed to consumers in the City any coupon or other item redeemable by consumers to obtain a Tobacco Product for less than its Listed or Non - Discounted Retail Price; (3) shall accept or redeem, offer to accept or redeem, or cause or hire any person to accept or redeem or offer to accept or redeem any Coupon for providing consumers in the City any Tobacco Product for less than its Listed or Non - Discounted Retail Price; (4) sell to consumers in the City any Tobacco Products through any multi -pack discounts (e.g., "buy- two -get- one - free ") or otherwise provide any Tobacco Products to consumers for free or at a discounted price in exchange for the purchase of any other Tobacco Product; (5) sell to consumers in the City any Tobacco Product at less than its Listed or Non - Discounted Retail Price; B. For the purpose of this Section: (1) "Coupon" shall mean any card, paper, note, form, statement, ticket or other issue distributed for commercial or promotional purposes to be later surrendered by the bearer so as to receive an article, service or accommodation without charge or at a discount price; and (2) "Listed or Non - Discounted Retail Price" shall mean the higher of the price listed for a Tobacco Product on its package or the price listed on any related shelving, posting, advertising or display at the place where the Tobacco Product is sold or offered for sale plus all applicable taxes if such taxes are not included in the stated price, and before the application of any discounts or coupons; and (3) "Less Than Basic Cost" shall mean less than the price actually paid by the seller to obtain the Tobacco Product, not including any rebates or other payments or credits obtained after the initial purchase, or, if higher, the following amounts plus all applicable state and local taxes: (i) for cigarettes, $3.00 per 20; (ii) for conventional moist snuff smokeless tobacco, other loose smokeless tobacco, and loose tobacco for smoking, $3.00 per 1.2 ounces; (iii) for cigars weighing more than four and a half pounds per thousand, 50 cents per cigar; (iv) for cigars weighing less than four and a half pounds per thousand, $3.00 per 20; (v) for any other Tobacco Products sold in discrete single -use units or packages of such single -use units (such as smokeless lozenges, tablets or snus), $3.00 per 20; and (vi) for any other Tobacco Products, $3.00 per package or $3.00 per ounce, whichever is higher. Starting in 2012, the Commissioner shall adjust these monetary amounts and the monetary amount in Section 195 -6 upward every two years, rounding up to the nearest ten cents, effective April 1, to account for inflation and Tobacco Product price increases, based on any percentage increase to the U.S. Bureau of Labor Statistic's Consumer Price Index for Tobacco and Smoking Products over the prior two complete calendar years. § 195 -6. Tobacco Product packages. A. No person shall sell or offer for sale or distribute to consumers in the City of Buffalo any Tobacco Product, other than premium cigars wrapped in whole tobacco leaf, except in a sealed package provided by the manufacturer or importer that complies with all applicable laws. B. No person for commercial purposes shall sell or offer for sale or distribute to consumers in the City any Tobacco Products except in the following minimum package sizes: (1) for cigarettes, twenty cigarettes; (2) for conventional moist snuff, other loose smokeless tobacco, or loose tobacco for smoking, one ounce; (3) for cigars with a retail price, before any sales taxes, of less than $2.00 per cigar, five cigars; (4) for all other cigars, one cigar; and (5) for any other Tobacco Products sold in discrete single -use units (such as smokeless lozenges, tablets or snus), 10 such single -use units. § 195 -7. Restrictions on Flavored Tobacco Product Sales. A. No person for commercial purposes shall sell, distribute or offer for sale to consumers any Tobacco Product or any component part thereof that: (1) has or produces a distinguishable flavor, taste or aroma (other than tobacco, menthol, wintergreen or mint) that can be readily perceived by a consumer or other person either prior to or during consumption; or (2) does not have or produce such a distinguishable flavor taste or aroma but is nevertheless labeled or advertised or otherwise marketed in the City of Buffalo as having or producing such a distinguishable flavor, taste or aroma. B. A Tobacco Product shall be deemed to be subject to this Section 195 -7 if its labeling or advertising or a publicly disseminated official statement or formal claim by the manufacturer or importer, or by any person authorized or permitted by the manufacturer or importer to make such statements or claims concerning the Tobacco Product on its behalf, states that the Tobacco Product has or produces a flavor, taste, or aroma (other than tobacco, menthol, wintergreen or mint) either prior to or during consumption. C. A Tobacco Product shall not be subject to this Section 195 -7 solely because it contains certain additives or flavorings or because it has certain additives or flavorings included in any ingredient list. D. For the purpose of this Section 195 -7 "Tobacco Product" includes any product containing tobacco or nicotine that is expected or intended for consumption except for: (1) any cigarettes subject to the Special Rule for Cigarettes relating to characterizing flavors of the federal Family Smoking and Tobacco Prevention Act; (2) any product that has been approved by the U.S. Food and Drug Administration, pursuant to its authority over drugs and devices, for sale as a tobacco use cessation product or for other medical purposes and is being marketed and sold solely for that approved purpose. E. The prohibitions in Subsections A and B, above, shall not apply to any Tobacco Product sold in a permanent retail sales outlet that does not admit any person under the age of 18 and obtains no less than 75% of its revenues from the sale of Tobacco Products and cigarettes and other tobacco - related items. § 195 -8. Non - Approved Nicotine Products. No product containing or delivering nicotine intended or expected for human consumption, or any part of such a product, that is not a tobacco product as defined by state laws taxing tobacco products and prohibiting their sale to youth, shall be distributed or sold to consumers in the City of Buffalo unless it has been approved or otherwise certified for legal sale by the United States Food and Drug Administration as a tobacco use cessation product, or for other medical purposes, and is being marketed and sold solely for that approved purpose. For the purposes of this Section 195 -8, no product containing or delivering nicotine intended or expected for human consumption shall be considered a tobacco product, even if the nicotine in the product is derived from tobacco, unless the product actually contains tobacco. § 195 -9. Required signage at locations selling Tobacco Products. A. Starting January 1, 2011, any person located in the City of Buffalo in the business of selling Tobacco Products to consumers in this City shall prominently display educational warning signs made available by the Department regarding tobacco products and their use, harms and addictiveness. B. The signs referred to in Subsection A may use text, graphics, colors, images or pictures and shall provide information from the Department and the City about the addictiveness and harmfulness of tobacco use or the benefits from quitting or reducing such tobacco use and may also provide the following information and messages from the Department and the City: (1) the telephone number "800- QUIT -NOW (800- 784 - 8669)" or other phone numbers or email or website addresses people can use to get assistance for quitting their tobacco use; (2) additional information and guidance regarding quitting or reducing tobacco use; (3) statements encouraging Tobacco Product users to quit and to use the provided information to get help quitting; and (4) toll -free telephone numbers, email addresses, or website addresses for reporting any suspected violations of this Chapter or other laws pertaining to Tobacco Products and related information and guidance. C. Except as provided in Subsection E, the signs made available by the Department pursuant to this Section shall be no smaller than 144 square inches and no larger than 256 square inches. D. Except as provided in Subsection E, any business subject to this Section shall, within 90 days of when they are made available, display the signs made available by the Department pursuant to Subsection C, unobstructed, at all of the following locations with the bottom edges placed no lower than 36 inches from the floor and the top edges placed no higher than 84 inches from the floor: (1) at each cash register or place of payment so that they can easily be seen and read by each consumer making a purchase; (2) if different from the locations described in paragraph (1), at each location where tobacco products are displayed so they can be seen and read easily by each person considering a tobacco product purchase; and (3) at each entrance to the business so that they can be seen and read easily by each person entering the business. E. The Department shall also make available signs that satisfy the requirements of this Section that are no smaller than 324 square inches and no larger than 576 square inches; and businesses subject to this Section that have a wall behind a sales counter or cash register to post one such sign on that wall, unobstructed, instead of the signs required at the sales counters or cash registers in front of that wall by Subsection D, with the bottom edge placed no lower than 48 inches from the floor and the top edge placed no higher than 90 inches from the floor. F. For good cause, based upon a written application submitted by a business subject to this Section, the Department may, at its discretion, alter the requirements of Subsections D and E to accommodate the physical arrangement or size of the business while still ensuring that the resulting required signs will be clearly visible to all store patrons at the point of entrance and purchase and at any other location where tobacco products are displayed. G. To promote the purpose of this Section 195 -9 and this Chapter, the Department shall have the authority, in consultation with the City of Buffalo Wellness Program and other public health experts, to: (1) issue regulations, rules or other notices to establish more precise requirements relating the placement or location of the signs that must be displayed pursuant to this Section or to otherwise facilitate the administration and enforcement of this Section; (2) determine the actual size and content of the signs within the parameters and requirements of this Section; (3) produce the signs that comply with this Section or obtain them from other sources; (4) offer or distribute the signs to businesses subject to this Section for free or at a reasonable price that is not significantly more than necessary to cover any expenditures by the Department related to obtaining, producing and distributing the signs which are in excess of the revenues obtained by the Department pursuant to Section 195 -3.E and allocated by the Department to support the administration of this Section 195 -9; (5) periodically modify the text, images or other content of the signs made available by the Department pursuant to this Section based on the Department's determination that such modifications may help to education consumers about tobacco use and its harms, otherwise help to prevent and reduce tobacco use and its harms, correct misinformation among consumers about tobacco products or their use and harms, assist the enforcement of this Section 195 -9 and this Act; or otherwise promote the purposes of this Section and this Act; (6) require no more than three times per year that businesses subject to this Section 195 -9 replace some or all of the signs posted at their business pursuant to this Section with any new, modified or different versions made available by the Department. § 195 -10. Sales Restrictions. A. Sale or distribution of Tobacco Products to consumers through a vending machine is prohibited. For the purposes of this Section 195- 10 "vending machine" shall mean any mechanical, electronic or other device that automatically dispenses Tobacco Products, usually upon the insertion of a coin, bill, token, credit or debit card or other payment item without the active participation of any human seller or distributor. The owner and operator of the location where an active tobacco vending machine is placed and the owner and operator of such tobacco vending machine shall each, in addition to any other applicable penalties, be subject to the fines contained in Chapter 175 of this Code. Any tobacco vending machine found by the Department to be in operation in violation of this Section 195 -10 for a second or subsequent time, shall be sealed, removed, impounded, or otherwise secured by a member of the police department or any other authorized enforcement agency so as to prevent such vending machine's continued illegal operation. B. No sale of Tobacco Products to consumers shall be made unless the person making the sale to the consumer is at least eighteen years of age, except that the minimum age for a retail outlet's sales staff who are members of the family of the person that both owns and operates the retail outlet shall be sixteen years of age. C. No person shall sell or provide for commercial purposes any Tobacco Products to any person who is less than 18 years of age. D. No person shall sell, offer for sale, or otherwise provide for commercial purposes any blunt wraps to any consumer. For the purposes of this Subsection, "Blunt Wrap" means any product that is made or sold for encasing, wrapping or rolling tobacco or any other material for the purpose of smoking, if such product is designed to be filled by the consumer and is: (a) made wholly or in part of tobacco; or (b) made of paper or any other material that does not contain tobacco and is: (i) intended, when filled by the consumer, to produce a finished wrap that measures 120 millimeters or more on its longest side, or (ii) sold as a pre - rolled hollow cone, the circumference of which is not equal at both ends. § 195 -11. Tobacco Product Advertising Restrictions. A. At any facility that sells Tobacco Products to consumers: (1) the total square footage of all Tobacco Product sign or display -type advertisements inside the facility (as opposed to pamphlets, flyers and other handouts) shall not exceed the total square footage of all sign or display type advertisements inside the facility for all other products and services sold or offered for sale at that facility; and (2) the total square footage of all Tobacco Product sign or display -type advertisements outside the facility on its property shall not exceed the total square footage of all sign or display type advertisements outside the facility on its property for all other products and services sold or offered for sale at that facility; and (3) all indoor or outdoor Tobacco Product sign or display -type advertisements shall: (i) not contain any human images; (ii) not contain any cartoons; (iii) not use any colors other than black and white; and (iv) be restricted to black text on a white background. B. The restrictions in Paragraphs A(1) and A(2) shall not apply at any facility that obtains more than 45 percent of its total revenues from the sale of Tobacco Products: C. The restrictions in Paragraph A(3) shall not apply to any depictions of Tobacco Product packages or trademarks that, in total, constitute no more than the smaller of 20 percent or 100 square inches of the advertisement. D. All outdoor Tobacco Product sign or display type advertisements are prohibited on the property of any elementary or secondary school and, except for individual advertisements of no more than 100 square inches that are not coordinated with any other advertisements, are prohibited within 1,000 feet of the perimeter of any such property, except that any facility that sells Tobacco Products to consumers located within 1,000 feet of any such property may display no more than two non - coordinated outdoor signs of no more than nine square feet each consisting solely of black text on a white background to notify passersby that Tobacco Products or specific types or brands of Tobacco Products are available for purchase at that location, and such signs may provide the names of the types, brands or sub - brands of any specific tobacco products available for purchase at that location and their prices. E. Upon written application by a seller of Tobacco Products with a valid license pursuant to this Chapter or a manufacturer or importer of Tobacco Products with a valid permit pursuant to this Chapter, the Commissioner shall allow tobacco product ads in excess of the square footage restrictions in Paragraphs A(1) or A(2) or the number or square footage restrictions in Subsection D, or allow the use of color or graphics in a Tobacco Product advertisement subject to Paragraph A(3) or in a sign permitted by Subsection D if the Commissioner determines that the exceptions: (1) are necessary to enable the applicant to convey product information to legal adult consumers that cannot be provided to them through other reasonable means; and (2) will not create any significant risk of sustaining or increasing Tobacco Product use levels, youth initiation, unplanned impulse purchases, or related harms. § 195 -12. Penalties. A. Any person found to have violated this Chapter shall, for a first offense, be liable for a civil penalty of not less than $100 or more than $500 for each violation and, for any second or subsequent offense, not less than $250 or more than $2,000 for each violation. B. Any person found to have violated this Chapter shall, for a third or subsequent offense in any two year period, have any licenses issued pursuant to this Chapter revoked and no new license or permit under this Chapter shall be issued to that person or for any business or property owned wholly or in part by that person for a period of not less than one year and not more than five years. C. Any person in the business of selling Tobacco Products found to have knowingly and willfully violated this Chapter may, for a first offense, have any related licenses issued pursuant to this Chapter revoked and no new license or permit under this Chapter issued to that person or for any business or property owned wholly or in part by that person for a period not to exceed five years, and any person found to have knowingly and willfully violated this Chapter shall, for a second offense, have any related licenses issued pursuant to this Chapter revoked and no new license or permit under this Chapter shall be issued to that person or for any business or property owned wholly or in part by that person for a period of not less than one year and not more than ten years. D. In any action brought to enforce this Chapter, the party bringing the action, if the prevailing party, shall be entitled to recover the costs of investigation, costs of the action, and reasonable attorney's fees, plus interest; and any City agency or office incurring any such costs or fees shall be directly reimbursed in full, with interest, and shall retain those funds for its own purposes. E. Any penalties, damages, reimbursements or fees authorized by this Section or Chapter are cumulative to each other and shall be in addition to any other penalties, fines, damages, or restitution authorized by law. F. If a court determines that a person has knowingly violated the provisions of this Section or Chapter, the court shall order any profits, gains or other monetary benefits from the violation to be disgorged and paid to the City. G. Notwithstanding any other provision of law, an amount equal to or greater than fifty percent of all civil penalties and fines recovered by the City under this Chapter shall be provided to the City departments, offices or agencies responsible for enforcing this Chapter or making related investigations, in rough proportion to their participation in the enforcement and related investigations, solely to increase and supplement, but not to replace, existing resources supporting City efforts to enforce this Chapter and to enforce other City laws relating to Tobacco Products. H. A proceeding to recover any civil penalties or reimbursements or other remedies provided for in this Section may be commenced by the service of a notice of violation, which shall be returnable to the Bureau of Administrative Adjudication. The Bureau of Administrative Adjudication shall have the power to impose the civil penalties and other remedies prescribed by this Section or Chapter or in Chapter 175 for violations of this Chapter. I. Whenever any person has engaged in any acts or practices which constitute a violation of any provision of this Chapter or any rule promulgated there under, the City may make application to a court of competent jurisdiction for an order enjoining such acts or practices and for an order granting a temporary or permanent injunction, restraining order or other order enjoining such acts or practices or obtaining any other relief, penalties or damages. J. Any person acting for the interests of itself, its members, or the general public (hereinafter "the Private Enforcer ") may bring a civil action in a court of competent jurisdiction to enforce this Chapter, including related injunctive relief. Nothing in this Chapter shall prohibit the Private Enforcer from bringing a civil action in small claims court to enforce any part of this Chapter; and nothing in this Chapter shall prevent the City of Buffalo from joining in any proceeding initiated by a Private Enforcer. Upon proof of a violation in any such proceeding, whether or not the City is a party: (1) all related civil fines, or penalties or payments pursuant to Subsection D, above, shall be paid to the City as called for in this Section 195 -12; and (2) the higher of any other established damages, including any exemplary or punitive damages, or an amount not to exceed $1,000 for each new violation established by the Private Enforcer's civil action shall be paid to the Private Enforcer, along with all reimbursements pursuant to Subsection D, above. K. Starting in 2012 and every two years thereafter, effective April 1, the Commissioner shall increase the monetary amounts of all fines and penalties in this Section, rounding up to the nearest ten dollars, to account for inflation and Tobacco Product price increases, based on the percentage increase, if any, to the U.S. Bureau of Labor Statistic's Consumer Price Index for Tobacco and Smoking Products over the prior two complete calendar years. Section 2. Amendments to Chapter 175. The Common Council of the City of Buffalo hereby amends Chapter 175, Fees, of the Code of the City of Buffalo, by adding the following fees: Chapter 195, Retail Marketing & Sale of Tobacco Products Section 195 -2A, license for the retail sale of Tobacco Products Section 195 -10, prohibited operation of Tobacco Products Vending Machine Section 3. Conforming Amendment. Chapter 483, Vending Machines, of the Code of the City of Buffalo is hereby deleted. Section 4. Severability. (a) If any section, subsection, paragraph, sub - paragraph or other provision of this Act is held invalid, such invalidity shall not affect other sections, subsections, paragraph, sub - paragraph or provisions of this Act which can be given force and effect without the invalidated section, subsection, paragraph, sub - paragraph or provision. (b) If it is determined by a court of law that any requirements or restrictions established by this Act are, to the extent they apply to businesses engaged in the sale of cigarettes, preempted by the Federal Cigarette Labeling and Advertising Act or any other law, those requirements or restrictions shall remain in full force and effect only in regard to businesses engaged in the sale of Tobacco Products other than cigarettes. (c) If it is determined by a court of law that any requirements or restrictions established by this Act are, to the extent they apply to cigarette advertising, preempted by the Federal Cigarette Labeling and Advertising Act or any other law, those requirements or restrictions shall remain in full force and effect only in regard to advertising for Tobacco Products other than cigarettes. (d) If it is determined by a court of law that any requirements or restrictions established by this Act are, to the extent they apply to cigarettes and /or smokeless tobacco products, preempted by the federal Family Smoking Prevention and Tobacco Control Act or any other law, those requirements or restrictions shall remain in full force and effect only in regard to Tobacco Products other than cigarettes and /or smokeless tobacco products. Section 5. Effective date. This Act shall take effect 90 days after its enactment into law. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 107 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2010, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo Erik D. Svensson Paul C. Simonian Kevin J. Lozano George K. Arthur, Jr. Joseph J. Tomizzi William T. Buyers TOTAL6 ADOPTED NO. 108 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONER OF DEEDS That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31,2010, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Roland Georges Steven Specyal Julienne Sands Donna M. Bigouette Marilyn Rodgers Evelyn Viera Ryan G. Snyder Dennis Mavek Edward Betz Michael L. Mallia Heather M. Machin Whitney Blair Kemp Krista Steward Kelly Friedman Augustine Olivencia Carrie Ostrander Rodney Carmichael TOTAL 17 ADOPTED NO. 109 BY MR. SMITH a 4 4Id 11 1FA I1*] 0 l0 =ILVA IC N /eUVi Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Mr. Charles P. Blakely St- & Mrs. Larusha Blakely By Councilmember Demone A. Smith ADOPTED NO. 110 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, June 29, 2010 at 9:45 o'clock A.M. Committee on Finance Tuesday, June 29, 2010 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, June 29, 2010 at 1:00 o'clock P.M. Committee on Legislation Tuesday, June 29, 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. 111 ADJOURNMENT On a motion by Mr. Fontana Seconded by Mrs. Russell, the Council adjourned at 3:20 PM GERALD CHWALINSKI CITY CLERK BOARD OF POLICE AND FIRE PENSION PROCEEDINGS #6 OFFICE OF THE MAYOR -201 CITY HALL JUNE 17, 2010 Present Timothy Ball, Assistant Corporation Counsel Gerald Chwalinski, City Clerk Darryl McPherson, City Auditor The Journal of the last meeting was approved. NO. 1 1 transmit herewith the Pension Payroll for the Fire Pension Fund for the month of June17, 2010 amounting to $3,740.00 and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes -3. Noes -0. No. 2 1 transmit herewith the Pension Payroll for the Police Pension Fund for the months of June 17, 2010 amounting to $2,815.00 and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes -3 Noes -0. No. 3 On motion by Mr. Ball the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11 :05 a.m.