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HomeMy WebLinkAbout10-0921-0914SssNO. 17 PROCEEDINGS OF THE CITY OF BUFFALO SEPTEMBER 21, 2010 SPECIAL SESSION SEPTEMBER 14, 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 REGULAR COMMITTEES 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 BUDGET COMMITTEE: Richard A. Fontana, Chairman, Michael P. Kearns, Michael J. LoCurto, Bonnie E. Russell - Members 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 PUBLIC TRANSPORTATION: Michael P. Kearns, Chairman, Richard A. Fontana, Michael J. LoCurto, David A. Rivera - Members WATERFRONT DEVELOPMENT COMMITTEE: Michael P. Kearns, Chairman, Joseph Golombek, Jr, Michael J. LoCurto, David A. Rivera, members INVOCATION PLEDGE TO FLAG DATE September 21, 2010 35A Year 36- Community Development Quarterly Reports(5 /1/10 to 7/31/10) FINAL HUMAN RESOURCES MAYOR 37- 1. Notice of Charges for Termination and Hearing R &F 2. Designation of Hearing Officer For Termination Hearina R &F MAYOR - EXECUTIVE 37. Liquor License Applications 3. Cit Sery -Bflo Weed and Seed Lower E.Side Site Yr 4 Fundina APP 4. Plan Bd- SEQRA- Findings Statement -134 High St(Ell) R &F 5. Plan Bd- SEQRA- Negative Declaration -18 Agassiz Circle(Del) R &F 6. Plan Bd -SEQR- Negative Declaration -468 Delaware(Ell) R &F 7. Plan Bd -SEQR- Negative Declaration -600 Delaware(Ell) R &F 8. Plan Bd -SEQR- Negative Declaration -739 Elmwood(Del) R &F 9. Plan Bd -SEQR- Negative Declaration -100 S. Elmwood(Ell) R &F 10. Plan Bd -SEQR- Negative Declaration -656 Genesee(Ell) R &F 11. Plan Bd -SEQR- Negative Declaration -1138 Hertel(Del) R &F 12. Plan Bd -SEQR- Negative Declaration -1461 Main(Masten) R &F 13. Plan Bd -SEQR- Negative Declaration -453 West Ave(Nia) R &F ASSESSMENT FIN 14. Tax Cancellation 2010 -11 APP PUBLIC WORKS PETITIONS 15. Notification Serial #10565 - 10567, #10571- 10600(Waive 45 Days) R &F 16. Change in Contract - Historical Society Waterproofing & Drainage(North) APP 17. Delaware Park Lake Pump Rehab & Shoreline Impr Proj APP 18. Permission to Accept Funds Bflo River Fest Park Grants APP 19. Permission to Accept Funds Erie Basin Marina Grants APP 20. Request to Purchase Vehicle APP W /COND POLICE 21. Approval for Purchasing Hostage Management Vehicle APP W /COND 22. Drug Asset Forfeiture Wire Transfers R &F 23. Proposal from EM Systems APP 24. Request Permission to Donate Out of Service Police Radios to Parking Enf APP CORPORATION COUNSEL 46A Golombek Dich Leg, ccp# 83,7/20/10 -Food Store License(New)- 25. Delegation of Assignment as Hearing Officer R &F PERMITS AND INSPECTIONS 26. Contract Renewal- Paradigm Environmental APP 27. Food Store License (New) -490 Connecticut(Nia) APP 28. Food Store License (New -529 Dodge(Ell) APP 29. Lodging House License -409 Franklin(Ell) LEG 30. Food Store License (New) -749 Jefferson(Ell) APP 31. Food Store License (New) -410 Rhode Island(Nia) APP 32. Food Store License (New) -860 William (Fill) DENY 33. Restaurant Dance License Renewal -681 Main(Ell) LEG PARKING 34. Abandonment Vehicle for City Use APP W /COND 35. Designate 394 and 396 Hertel as a RAPP Lot(North) APP COMMUNITY SERVICES 36- 35A Year 36- Community Development Quarterly Reports(5 /1/10 to 7/31/10) CD HUMAN RESOURCES 37- 36. Request to Enter Contract -1 /0 Solutions- Detective Sergeant APP CITY CLERK 38- 37. Liquor License Applications R &F 39- 38. Leaves of Absence R &F 40- 39. Notices of Appointments - Council Interns ADOPT MISCELLANEOUS 41- 40. LP Ciminelli -Board Packet Documents September 2010 ED 42- 41. P. Evans - Jessie Ketchum Memorial Fund Annual Report R &F 43- 41A K. Linder -List of Properties Maintained by COB Div of Parks & Recreation LEG 44- 42. J. Sandoro- Concerns Private Parking Signs PW /CC 45- 42A W. James Schwan - Advise Karla Thomas not to Appear at Finance Meetina FIN 46- 42B D. Smith - Questions - Conservation Incentive Program MBEC PETITIONS 47- 43. M. Knoll, Agent, Use 2080 Niagara -Erect Gas Station(North)(pub hrg 9 /28)_LEG,CPBD 48- 44. J. Popiela, Agent, Use 62 S. Elmwood -Erect Pole Sign w /LED Section(Ell)(no hrg) LEG,CPBD,ZONING 49- 45. D. Byrd and J. Giles, Agents, Use 178 Walden Ave for A HSF (Fill)(no pub hrg) LEG,CPBD,ZONING 50- 46. C. Culhane & O -Stop the Dismantling of Playground Located at 376 Urban St LEG RESOLUTIONS 75- 46A Golombek Dich Leg, ccp# 83,7/20/10 -Food Store License(New)- 322 Northland (Mas) ADOPT D/C APP 76- 47. Haynes, etc Implement Use of the Shared Asset Forfeiture Fund ADOPT RES, REM TO FIN 77- 48. Kearns Amend Article 18 Bds & Comm of the City Charter, Section 18 -2 Meetings ADOPT RES, REM TO LEG 78- 48A Kearns Ordinance Amendment -Ch 337 - Preservation Standards LEG 79- 49. LoCurto Appt Assistant Legislative Aide(Hurley) ADOPT 80- 50. Smith Felicitations in Memorium ADOPT 81- 51. Smith Comm of Deeds ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 51- 1. Com 21 Sept 7 Appt Senior Accountant- (Perm)(Inter)(Fanton)(Compt) APP 52- 2. Com 43 Sept 7 Appoint Director of Parks & Recreation (Prov)(Flat)(Smith)(PW) R &F 53- 3. Com 44 Sept 7 Appoint Exterminator (Perm)(Max)(LaVango)(PW) APP 54- 4. Com 49 Sept 7 Appt Legal Secretary(Perm)(Max)(Ganci)(CC) APP 55- 5. Com 62 Sept 7 Appt Director of Comp & Benefits (Perm)(Flat)(Palmer)(HR) R &F 56- 6. Com 73 Sept 7 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F FINANCE 57- 7. Com 28 Sept 7 Emergency Contract for City Pools(PW) R &F 58- 8. Com 58 Sept 7 Salary Ordinance Amendment -Data Control Clerk(EDPI) R &F 59- 9. No 84 Sept 7 J. Pajak -NYS Compt to Conduct Federal Stimulus Claims Audit R &F 60- 10. Res 114 Sept 7 Budget & Personnel Amendment - Permits & Inspection Sery APP COMMUNITY DEVELOPMENT 61- 11. Com 12 Sept 7 Strat Plan- Report of Sale -260 Chandler (North) RECOMMIT 62- 12. Res 75 Mar 2 Disch CD -CCP #65,12/22- Report of Sale 74 Richlawn(Mas) APP 63- 13. Com 6 July 20 Report of Sale 290 Box(Masten)(Strat Plan) APP 64- 14. No 54 April 13 Report of Sale -276 Chelsea(Masten)(Strat Plan)( #4,3/30) RECOMMIT 65- 15. No 55 April 13 Report of Sale -42 Colorado(Masten)(Strat Plan)( #5,3/30) RECOMMIT 66- 16. No 64 Dec 22 Report of Sale 1606 Jefferson (Mas)(Strat Plan) (#8,10/27)(#76,11/10)(77,11/24) RECOMMIT 67- 17. No 56 April 13 Report of Sale -14 Kehr(Masten)(Strat Plan)( #7,3/30) RECOMMIT 68- 18. Com 18 April 27 Report of Sale 35 Wakefield(Masten)(Strat Plan) APP LEGISLATION 69- 19. No 92 Sept 7 A. Patel, Owner, Rezone 220 14 St., Additional Pk Spc(Nia)(Hrg 9/21) APP 70- 20. No 93 Sept 7 D. Salemi, Owner, Use 1177 Abbott for a Free Standing LED Sign(South)(hrg 9/14) APP 71- 21. Com 57 Sept 7 Used Car Dealer 407 South Park (Fill) APP 72- 22. No74 Sept 7 R. Allen- Concerns Roosevelt Pool R &F 73- 23. Res106 Sept 7 Designate 394 and 396 Hertel Ave as a RAPP Lot R &F 74- 24. Com 41 May 11 Lodging House License -541 Walden(Fill)(EDPI) RECOMMIT CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, SEPTEMBER 21, 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 September 7, 2010 were approved. FROM THE MAYOR NO 1 NOTICE OF CHARGES FOR TERMINATION AND HEARING September 2, 2010 Notice of Charges for Termination and Hearing PLEASE TAKE NOTICE THAT on September 2, 2010, you were served with NOTICE OF CHARGES FOR TERMINATION AND HEARING pursuant to section 11 -2 of the City Charter and section 24(1) of the Civil Service law. PLEASE BE ADVISED THAT both section 11 -2 of the City Charter and section 24(1) of the Civil Service law provide you with the right to a public hearing on the Charges specified in that Notice, In the September 2, 2010 Notice, you were advised that a hearing is scheduled for Thursday, September 16, 2010 at 10:00 a.m. in Room 209 of City Hall, 65 Niagara Square, Buffalo, New York 14202. This hearing shall take place as scheduled. PLEASE TAKE NOTICE THAT on September 10, 2010, I have designated Acting Corporation Counsel David Rodriguez to serve as the Hearing Officer for this proceeding. Mr. Rodriguez is vested with all of the powers of this Office necessary to conduct this hearing. Mr. Rodriguez is also directed to make a record of this hearing and to forward that record together with his recommendations to me for review and decision. This designation of Mr. ROdriguez has been filed with the City Clerk. A copy is enclosed for you. PLEASE BE ADVISED THAT you have the right to be represented at this Hearing and you are allowed to summon witnesses relevant and material to the pending charges. Compliance with the technical rules of evidence will not be required at this hearing. As no attorney has yet appeared on your behalf, for your information, evidence or testimony is generally considered to be 'relevant' when it has a tendency to make the existence of any fact that is of consequence to the determination of the action to be more probable or less probable than it would be without the evidence or testimony. Evidence or testimony is considered to be "material' if it tends to influence the Trier of Fact because of its logical conclusion with the issue. PLEASE BE ADVISED THAT attorney Sean P. Beiter, Esq., Goldberg Segalla, LLP, 665 Main Street, Suite 400, Buffalo, New York 14203 (716) 566 -5409 will represent the Mayor of the City of Buffalo at this Hearing. PLEASE TAKE NOTICE THAT you must identify all witnesses that you intend to call to testify and to provide copies of all documents that you intend to introduce into evidence to Mr. Beiter no later than 12:00 p.m. on Wednesday, September 15, 2010. Mr. Beiter is likewise directed to provide you with a list of witnesses that he intends to call to testify and to provide you with copies of all documents that he intends to introduce into evidence on that same date and at that same time. PLEASE TAKE NOTICE THAT in the event that you do not appear at the Hearing at the place, time, and date that it is scheduled for, the Hearing will take place in your absence. DATED: Buffalo, New York September 13, 2010 Byron W. Brown Mayor, City of Buffalo RECEIVED AND FILED NO2 DESIGNATION OF HEARING OFFICER FOR TERMINATION HEARING On September 2, 2010, 1 executed a NOTICE OF CHARGES FOR TERMINATION AND HEARING to Karla L. Thomas, Commissioner of Human Resources of the City of Buffalo pursuant to section 11 -2 of the City Charter and section 24(1) of the Civil Service law. Both section 11 -2 of the City Charter and section 24(1) of the Civil Service law provide that Commissioner Thomas may only be removed after a public hearing. In the September 2, 2010 Notice, Ms. Thomas was advised that a hearing is scheduled for Thursday, September 16, 2010 at 10:00 a.m. in Room 209 of City Hall, 65 Niagara Square, Buffalo, New York 14202. This hearing shall take place as scheduled. As the Mayor of Buffalo, I hereby designate Corporation Counsel David Rodriguez or in the event he cannot serve, his designee, to serve as the Hearing Officer for this proceeding. As such, I hereby delegate and vest Mr. Rodriguez, or his designee, with all of the powers of this Office necessary to conduct this hearing, and I hereby direct Mr. Rodriguez, or his designee, to make a record of this hearing and to forward that record together with his recommendations to me for review and decision. The original copy of this DESIGNATION shall be filed with the Clerk of the City of Buffalo. DATED: Buffalo, New York September 13, 2010 Byron W. Mayor, City of Buffalo RECEIVED AND FILED FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO3 CIT SERV -BFLO WEED AND SEED LOWER W. SIDE SITE YR 4 FUNDING This is to advise the Honorable Common Council the funds for Year 5 of the Buffalo Weed and Seed Program, in the amount of $157,000 has been awarded to the City of Buffalo. This grant will allow Buffalo Weed and Seed to continue and expand it mission in the Lower East Side of Buffalo, inclusive of the Fillmore, Love Joy and Ellicott Council Districts, within Police District "C ". During this project period law enforcement efforts will reduce street violent crimes such as drug dealing and aggravated assaults. Community policing goals will enhance police visibility and police presence in order to reduce quality -of -life crimes. Prevention, intervention, and treatment goals include a comprehensive approach for educational and skill enhancement, Healthy Life Choices /Character Development training, and substance abuse prevention, intervention, and treatment within the community. Neighborhood restoration goals will restore the neighborhood through increased home maintenance, housing rehabilitation and home ownership. Effective, this year, an interfund cash loan will no longer be available for this grant. Money will be drawn down as expenses are incurred and invoices will be paid, as the funds become available. These funds will be used to conform to the guidelines of the grant specified by the U.S. Department of Justice. Mr. Fontana moved: That the Division of Citizens Services through its Director is authorized to accept $157,000.00 in grant funding for Year 5 of the Buffalo Weed and Seed Program and disbursed in accordance with the guidelines provided by the United States Department of Justice. PASSED AYES -9 NOES -0 FROM THE CITY PLANNING BOARD N04 PLAN BD- SEQRA- FINDINGS STATEMENT -134 HIGH ST (ELL) 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 ( "Planning Board ") makes the following findings. Name of Action: Buffalo Niagara Medical Campus - North End Development Multi -Modal Transportation Structure Applicants: Kaleida Health and 134 High Street, LLC SEQRA Status: Type 1, Positive Declaration Description of Action: The Applicants are proposing to construct an approximately 1,800 space Multi -Modal Transportation Structure ( "MMTS ") at the north -west comer of High Street and Michigan Avenue, Buffalo, New York. Project Site: 134 High Street, 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 Contact: 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(t9), 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 August 27, 2010, the Applicants 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. The Applicants are seeking Site Plan approval for the approximately 1,800 space MMTS. 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 Applicants have prepared and submitted to the Planning Board the aforementioned FEAF specifically for the construction of the MMTS to assist the Planning Board in reviewing potential impacts of this Project. The DGEIS and FGEIS also specifically analyzed the potential impacts of a MMTS of this size and at this location and found that the impacts were minimal. In fact, the MMTS is specifically designed to be a traffic and parking mitigation measure to help offset the impacts associated with the Global Vascular Institute, Skilled Nursing Facility and future Medical Office Building being constructed on the North End of the Buffalo Niagara Medical Campus. As such, the proposed construction of the MMTS 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, the Applicants 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 MMTS, 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 DGEIS, FGEIS, 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 September 14, 2010. City of Buffalo Planning Board James Morrell Chairman September 14, 2010 City of Buffalo Planning Board, 901 City Hall, 65 Niagara Square, Buffalo, New York 14202 RECEIVED AND FILED N06 PLAN BD- SEQRA- NEGATIVE DECLARATION -18 AGASSIZ CIRCLE(DEL) RESOLUTION OF THE CITY OF BUFFALO PLANNING BOARD PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT CONCERNING THE DETERMINATION OF SIGNIFICANCE FOR THE MEDAILLE COLLEGE BUILDING IMPROVEMENTS Project Name: Medaille College - Additions /Renovations to Huber Hall and Sullivan Center Project Description: Medaille College ( "Medaille" or the "Applicant ") proposes to renovate portions of and construct additions to two existing buildings on the Medaille campus: an addition of approximately 17,088 square feet will be added to Huber Hall for additional office and instructional space, and an addition of approximately 19,250 square feet will be added to the Sullivan Campus Center (collectively, "the Project "). Location: 18 Agassiz Circle, City of Buffalo, Erie County ( "Site "). SEQR Status: Type I Determination of Significance: Negative Declaration WHEREAS, on August 17, 2010, Medaille submitted an application with supporting documentation to the City of Buffalo Planning Board ( "Planning Board ") requesting site plan approval on the Huber Hall portion of Project and will submit an application requesting site plan approval for the Sullivan Center portion of the Project in the future; and WHEREAS, the Planning Board has broad authority over the Project with discretion to approve or disapprove the site plans or to impose appropriate conditions; and WHEREAS, at its regular meeting on September 14, 2010 the Planning Board held a public hearing on the site plan for the Huber Hall portion of the Project; and WHEREAS, the Planning Board, acting as lead agency, in a coordinated environmental impact review, pursuant to and in accordance with Article 8 of the Environmental Conservation Law and the regulations adopted pursuant thereto, being 6 NYCRR Part 617 ( "SEQR "), has carefully considered the full scope of the Project (both the Huber Hall portion and the Sullivan Center portion, having reviewed and considered the entire record and proceedings relating to the Project including the full environmental assessment form submitted by Medaille as well as all other supporting documentation; and WHEREAS, the Planning Board acknowledges that the Erie County Industrial Development Agency ( "ECIDA ") is the only other known involved agency with the Project and has consented to the designation of the Planning Board as Lead Agency; and WHEREAS, it is appropriate that the Planning Board classify the Project as a Type I action pursuant to SEQR and issue a Negative Declaration. NOW THEREFORE, BE IT RESOLVED THAT THE PLANNING BOARD MAKES THE FOLLOWING FINDINGS OF FACT: 1. The Project consists of the construction of additions to existing buildings, (Huber Hall and Sullivan Center) on Medaille's existing campus, which additions are important to the Applicant's educational objectives. 2. The Project is a Type I action because it will occur substantially contiguous to Forest Lawn Cemetery, a historic site listed on the National Register of Historic Places. 3. Land use conditions at the Site will not change materially as a result of the Project because it is taking place at an existing college campus. 4. The Project is consistent with local zoning requirements. 5. The Project will not significantly affect water quality. 6. The Project will not be a significant source of air emissions or odors. 7. The Site is already developed and does not possess significant ecological or agricultural value. 8. The Project will not significantly impact the aesthetic appeal of the Site, as the additions will be visually consistent with the existing buildings and will not otherwise appear inconsistent with surrounding development on the Site. 9. The Project is located adjacent to the Forest Lawn Cemetery, a site listed on the National Register of Historic Places, however the Project will not significantly impact this resource as it will be similar in character to surrounding development on the Site, and will not significantly impact views to or from the Cemetery. 10. The Project will not materially increase traffic on the adjacent roadway network. 11. The Project will not significantly impact energy consumption. 12. Operation of the Project is not expected to appreciably increase ambient noise 13. The Project will not result in population growth, and generally is in character with adjacent development. 14. There will be no significant adverse environmental impacts as a result of the Project. Supporting Documentation: 1. Site Plan Application of Medaille College for Additions and Renovations to Huber Hall and Sullivan Center dated August 17, 2010 with all supporting documentation. This Resolution, which shall serve as the Negative Declaration (as defined in 6 NYCRR 617.2(y)) was adopted by a majority vote of the Planning Board on September 14, 2010 and is issued pursuant to and in accordance with SEQR. For Further Information Contact: The City of Buffalo Planning Board c/o Martin Grunzweig Room 901 City Hall Buffalo, New York 716 - 851 -5085 RECEIVED AND FILED N06 PLAN BD -SEQR- NEGATIVE DECLARATION -468 DELAWARE (ELL) NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON - SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo, New York 14202 As per the provision of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title: Del Vir, LLC Location: 468 Delaware Avenue Type of Action: Treated as Type 1, Coordinated Description: This applicant proposes to selectively demolish post 1960 additions to the existing structure at 468 Delaware, and thence construct a new mixed use building on the newly cleared portion of the site and the portion of the site currently a surface parking lot. The new structure is proposed to be developed with a three story residential component primarily along the Virginia Street frontage and a three story commercial component primarily along the Delaware Avenue frontage. To the rear of this "L" shaped footprint and to the south and east of the remaining historical structure, a re- configured surface lot for approximately 20 cars is proposed. In addition, there will be 3 in- garage parking spaces for the three residential units. That portion of the existent structure, which is the remainder of the Carriage House where Samuel Clemens (a /k/a Mark Twain) lived at the site, will be preserved and stabilized. Recessed weather resistant infill panels will be placed in window openings and in any other areas potentially exposed to the elements until a tenant is found for the Carriage House. The site is in the Allentown local Historic District and near the nationally listed Historic District. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons supporting this Determination: the facts and reasons for this decision are as follows: This project will turn a blighting influence at Delaware and Virginia into a desired mixed use facility adding to area and surrounding business while being a quiet night time land use. The mixed commercial residential use is desired under the Queen City Hub Plan, as is the site plan, which brings the building to comer and parking out of street view. It also helps uncover and preserve the historic Carriage House. We note that the applicant has responded to the comments of this Board, neighbors, and neighborhood groups and significantly modified the design and the construction materials so as to enhance its compatibility with the historic district. As redesigned the project is compatible with the surrounding structures and district. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, and Buffalo, New York 14202 - 716- 851 -5085 RECEIVED AND FILED N07 PLAN BD -SEQR- NEGATIVE DECLARATION -600 DELAWARE AVE(ELL) NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON- SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title: Facade /Building Renovation Type of Action: Unlisted - Uncoordinated Description: Adelman Palmisano Architects on behalf of Benderson Development has proposed the rehabilitation of the building located at 600 Delaware Avenue, Buffalo New York. The project will include the renovation and repair of the Facade as well as interior renovation of the building to meet the needs of a new tenant that is expected to utilize the space. The renovation will include the gut rehab and remodeling of the leased space. Work is anticipated to begin January of 2011 and complete in late spring. The City of Buffalo Preservation Board has reviewed the project and has approved the plan. The total cost of this project is approximately 650,000 dollars. This project will be financed privately. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: The building is in need of repair and updating to attract tenants, the facade dates back to the construction of the building in 1965. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall Buffalo New York 14202 - 716 851 -5085 RECEIVED AND FILED N08 PLAN BD -SEQR- NEGATIVE DECLARATION -739 ELMWOOD (DEL) SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hail 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title 03 - Organic Cafe Location: 739 Elmwood Avenue Type of Action: Unlisted- Uncoordinated Description: Dean Sutton Architects on behalf of the owners of 03 - Organic Cafe is proposing the construction of a building addition to the building located at 739 Elmwood Avenue Buffalo New York. The addition will be used to provide organic foods and drinks, or "healthy options" to the residents and visitors to the City of Buffalo. The owners have been providing organic foods to the residents of Amherst successfully for a number of years and the now are bringing this concept to Buffalo. The proposed building addition is across the street from a business the owners are operating at 740 Elmwood Avenue. The addition will be located at the front of the property abutting Elmwood Avenue. The new restaurant will ultimately create 35 jobs and operate Monday- Thursday 8AM - 9PM and Friday through Saturday 8AM - 10AM. Sunday 8AM - 7PM. The project is privately funded in the amount of 59,060 dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will create the first totally organic restaurant in the Elmwood village area providing a unique service to the residents and visitors to tile area The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 715 851 -5085. RECEIVED AND FILED N09 PLAN BD -SEQR- NEGATIVE DECLARATION -100 S. ELMWOOD (ELL) SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR- State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title The Robertson- Cataract Electric Building Location: 100 South Elmwood Avenue Type of Action: Type 1 - Uncoordinated Description: Carmina Wood Morris on behalf of the owner, 100 South Elmwood, LLC is proposing the reconstruction of the existing building on the property located at 100 South Elmwood Avenue, Buffalo New York. The first phase of this project will include the exterior restoration, including new windows, store fronts, and masonry restoration. The first floor will be converted to commercial tenant space while floors two through five will be converted to loft style apartment. The work will require five to six months to complete. The budget for this project is currently set for $4,000,000 all of which will be privately financed. The project financing includes offsets through the Federal and New York State Historic Preservation Tax Credits, for which the owner is preparing a Historic Preservation Certification Application for submission to the New York State Office of Parks, Recreation & Historic Preservation office. Part one has been submitted and approved, in addition to the comprehensive restoration of the building exterior including new restored storefronts, all new windows, masonry cleaning and re- pointing and a new roof. Extensive work will be completed in the buildings interior. The City of Buffalo Preservation board has reviewed this project. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will allow for the complete renovation and restoration of building in one of the most prominent locations in the City of Buffalo adding to the many successful projects that have been recently completed in the Downtown area surrounding vicinity. The identified potential negative impacts appear to be primarily short4erm site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 RECEIVED AND FILED NO 10 PLAN BD -SEQR- NEGATIVE DECLARATION -666 GENESEE (ELL) SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title The Meeting Place Location: 556 Genesee Street Type of Action: Unlisted- Coordinated Description: Silvestri Architects PC on behalf of the Jeremiah Partners is proposing the renovation of the building on the property located at 656 Genesee Street, Buffalo New York. The proposed project consists of the change of occupancy and alternation of a vacant 7500 Square Foot two story structure located on .96 acres of land. Both stories of this building will be used for gathering space to accommodate community meeting and conference space, seminars and banquets. The building will also have fully functional commercial kitchen to facilitate meals for the anticipated functions. Improvements to the exterior will include the painting and repair of the existing brick, replacing windows and doors. The New York State Office of Parks, Recreation and Historic Preservation has determined that his project will have no impact upon cultural resources in or eligible for inclusion in the State and National Register of Historic Places. The project will be funded by the Empire State Development Corporation in the amount of 1.4 million dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will take a neglected vacant building t that is not maintained, bringing in a new community gathering space that will provide neighborhood residents and visitors to the area a convenient place to come together. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 RECEIVED AND FILED NO 11 PLAN BD -SEQR- NEGATIVE DECLARATION -1138 HERTEL (DEL) SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Tringali Auto Service Location: 1138 Hertel Avenue Type of Action: Unlisted- Uncoordinated Description: Zaxis Architectural on behalf of Tringali Auto Service is proposing the expansion of their business located at 1138 Hertel Avenue, Buffalo New York. The project includes the construction of a 800 sq. ft. building addition to the north end of the existing building. The width of the addition will match the existing service building. The addition will be located 11' 9" south of the north property line abutting the residential property on Homer Avenue. The building addition is privately funded with the estimated cost being approximately 60,000 dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will allow Tringali Auto Service to provide better service to customers as well as make the auto service operation more efficient, The identified potential negative impacts appear to be primarily short term site preparation and construction related activities, and do not appear to be significant in magnitude or effect, There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 RECEIVED AND FILED NO 12 PLAN BD -SEQR- NEGATIVE DECLARATION -1461 MAIN (MASTEN) SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Headstart Daycare Location: 1461 Main Street Type of Action: Unlisted- Coordinated Description: Silvestri Architects PC on behalf of Jeremiah partners is proposing the renovation of the building located on the property located at 1461 Main Street, Buffalo New York, The project consists of the construction and renovation of the exterior facade and a complete renovation of the interior of the building. The facade renovation will include the installation of new windows, framing and color to match the existing windows. This project has been reviewed by the New York State Office of Parks, Recreation and Historic Preservation and they determined that the Head Start Day Care Project will have no impact upon cultural resources or eligible for inclusion in the State and National Register of historic Places. The project will be funded through the Restore NY II Program (Empire State Development Corporation) in the amount of 463,000 dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: the new improvements will create an environment that will enhance the early education of many preschoolers residing in the City of Buffalo. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 RECEIVED AND FILED NO 13 PLAN BD -SEQR- NEGATIVE DECLARATION -453 WEST AVE (NIA) SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title: Parking Lot Expansion, D'Youville College Location: 453 West Avenue Type of Action: Unlisted- Uncoordinated Description: K2 Architecture on behalf of D'Youville College is proposing the expansion of the parking lot located at 453 West Avenue, Buffalo New York. The project includes the removing of six existing parking spaces, reconfiguring the parking area, and then adding twenty -one spaces for a net increase of 15 parking spaces in this section of the existing student parking lot. This opportunity came about as D'Youville College was able to acquire a house adjacent to the existing parking lot allowing for the new spaces, New landscaping and fencing will be added to complete this project. The parking lot addition is privately funded with the estimated cost being approximately 45,000 dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will allow D'Youville College to provide more parking for students relieving street parking pressures that currently exist near the campus. The identified potential negative impacts appear to he primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 RECEIVED AND FILED FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO 14 TAX CANCELLATION 2010 -2011 Adjustments on the General City Tax for 2010 -11 were made on the following properties (list attached) to provide for changes due to omitted or incorrect exemptions, assessment errors and changes in assessments due to Small Claims and Certiorari proceedings. I, therefore, request that a warrant be drawn on General City Charges, Org 17221008 Obj 480101 Tax Adjustment Fund, in favor of the City for the taxes indicated on the attached list in the amount of $144,354.34. Mr. Fontana moved: That the above communication fro the Commissioner of Assessment & Taxation dated September 10, 2010 be received and filed; and That the Comptroller prepare a check for the Adjustments on the General City Tax for 2010 -11 for the Properties as attached, in the amount of $144,354.34 to be drawn from the General City Charges, Org 17221008 Obj 480101 Tax Adjustment Fund. PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO 16 NOTIFICATION SERIAL $10666- 10667, #10671- 10600(WAIVE 46 DAYS) Notification Serial # 10565 Install Permissive Parking on Fosdick Avenue, west side between East North Street and Best Street ( Ellicott District) PERMISSIVE PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: PERMISSIVE PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD — DAILY Fosdick Avenue, west side 2 hour parking Between East North Street 8 a.m. to 5 p.m. And Best Street Monday - Friday This action is being taken to allow short term parking for visitors of City Honors School, as per request of the Principal of the school. NOTIFICATION SERIAL # 10666 NO STANDING — REPEAL ON MASTEN AVENUE, WEST SIDE BETWEEN EAST NORTH STREET AND BEST STREET ( ELLICOTT DISTRICT) NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD -DAILY Masten Avenue, west side between 7PM TO 6 AM East North Street and Best Street This action is being taken to accommodate Yellow Buses to safely pick up and drop off students at City Honors School, as per request of the Principal of the school. (see next serial) NOTIFICATION SERIAL # 10667 NO STANDING SCHOOL DAYS - INSTALL ON MASTEN AVENUE, WEST SIDE BETWEEN EAST NORTH STREET AND BEST STREET ( ELLICOTT DISTRICT) NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD DAILY Masten Avenue, west side between East North 7 PM TO 6 AM Street and Best Street This action is being taken to accommodate Yellow Buses to safely pick up and drop off students at City Honors School, as per request of the Principal of the school. NOTIFICATION SERIAL # 10571 INSTALL METERED PARKING ON EXCHANGE STREET, NORTH SIDE BETWEEN SMITH STREET AND VAN RENSSELAER STREET (EXCLUDING EXISTING NO PARKING AND NO STANDING AREAS) (FILLMORE DISTRICT) PERMISSIVE PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days aider the first Council meeting at which they appear on the agenda as an item business. Exchange Street, north side between Smith Street and Van Rensselaer Street (excluding existing No Parking and No Standing areas) Metered Parking Location Period of Metered Parking Rate of Metered Parking Exchange Street, north side 2 Hour Parking Rate C Between Smith Street 8:00 am to 5:00 pm $1.00 per hour And Van Rensselaer Monday to Friday 2 hour maximum (excluding existing No Parking And No Standing areas) This action is being taken in order to allow for new short term metered parking spaces for patrons of businesses in the LCo Building, as requested by the Larkin Development Group. NOTIFICATION SERIAL #10572 INSTALL ALTERNATE PARKING - TYPE II K HAGERMAN STREET BETWEEN SWAN STREET AND SEYMOUR STREET ( FILLMORE DISTRICT) NO PARKING (ALTERNATE - TYPE IIK) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Hagerman Street, west side 6:00 pm Monday to between Swan Street and Seymour Street 6:00 pm Thursday Hagerman Street, east side between 6:00 pm Thursday to Swan Street and Seymour Street 6:00 pm Monday This action is being taken to facilitate plowing operations. This street has no residences. NOTIFICATION SERIAL #10573 REPEAL ALTERNATE PARKING - TYPE I VARIOUS LOCATIONS / UNIVERSITY DISTRICT NO PARKING (ALTERNATE - TYPE 1) - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION HIGHWAY BETWEEN STREET SIDE PROHIBITED PERIOD Berkshire Ave. Westminster Ave. to South No Parking 4pm Sunday to 4pm Wednesday Bailey Ave. North No Parking 4pm Wednesday to 4pm Sunday Stockbridge Ave. Westminster Ave. to South No Parking 4pm Sunday to 4pm Wednesday Bailey Ave. North No Parking 4pm Wednesday to 4pm Sunday Hewitt Ave. Eggert Rd. to South No Parking 4pm Sunday to 4pm Wednesday Bailey Ave. North No Parking 4pm Wednesday to 4pm Sunday Dartmouth Ave. Eggert Rd. to South No Parking 4pm Sunday to 4pm Wednesday Bailey Ave. North No Parking 4pm Wednesday to 4pm Sunday Shirley Ave. Eggert Rd. to South No Parking 4pm Sunday to 4pm Wednesday Bailey Ave. North No Parking 4pm Wednesday to 4pm Sunday This action is being taken to provide for new Alternate Type 2K parking. This parking follows the same principals as the existing Alternate Type I parking which has been in effect since the late 1970's (one side of the street parking at all times), but changes the parking "switch- over" days to Mondays and Thursdays (as opposed to Sundays and Wednesdays) and changes the "switch- over" times to 6:OOpm (as opposed to 4:00 pm). 0 1 15011a197AI15 01Il4NFilIEAGliLI INSTALL ALTERNATE PARKING - TYPE 2K VARIOUS LOCATIONS EXCLUDING EXISTING NO PARKING AND PERMISSIVE PARKING AREAS UNIVERSITY DISTRICT NO PARKING (ALTERNATE - TYPE 2K) - INSTALL a conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. that that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: 10 PARKING PROHIBITED PORTION HIGHWAY BETWEEN STREET SIDE PROHIBITED PERIOD Berkshire Ave. Westminster Ave. to North No Parking 6pm Monday to 6pm Thursday Bailey Ave. South No Parking 6pm Thursday to 6pm Monday Stockbridge Ave. Westminster Ave. to North No Parking 6pm Monday to 6pm Thursday Bailey Ave. South No Parking 6pm Thursday to 6pm Monday Hewitt Ave; Eggert Rd. to North No Parking 6pm Monday to 6pm Thursday Bailey Ave. South No Parking 6pm Thursday to 6pm Monday Dartmouth Ave. Eggert Rd. to North No Parking 6pm Monday to 6pm Thursday Bailey Ave. South No Parking 6pm Thursday to 6pm Monday Shirley Ave. Eggert Rd. to North No Parking 6pm Monday to 6pm Thursday Bailey Ave. South No Parking 6pm Thursday to 6pm Monday This action is being taken to provide for new Alternate Type 2K parking. This parking follows the same principals as the existing Alternate Type I parking which has been n effect since the late 1970's (one side of the street parking at all times), but changes the parking "switch- over" days to Mondays and Thursdays (as opposed to Sundays and Wednesdays) and changes the "switch- over" times to 6:OOpm (as opposed to 4:OOpm). NOTIFICATION SERIAL #10676 REPEAL ALTERNATE PARKING - TYPE I VARIOUS LOCATIONS UNIVERSITY DISTRICT NO PARKING (ALTERNATE - TYPE 1) - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION HIGHWAY BETWEEN STREET SIDE PROHIBITED PERIOD Lasalle Ave. Eggert Rd. To South No Parking 4pm Sunday to 4pm Wednesday Bailey Ave. North No Parking 4pm Wednesday to 4pm Sunday Minnesota Ave. Eggert Rd. To South No Parking 4pm Sunday to 4pm Wednesday Bailey Ave. North No Parking 4pm Wednesday to 4pm Sunday Lisbon Ave. Eggert Rd. To South No Parking 4pm Sunday to 4pm Wednesday Bailey Ave. North No Parking 4pm Wednesday to 4pm Sunday Rounds Ave. Eggert Rd. To South No Parking 4pm Sunday to 4pm Wednesday Bailey Ave. North No Parking 4pm Wednesday to 4pm Sunday This action is being taken to provide for new Alternate Type 2K parking. This parking follows the same principals as the existing Alternate Type I parking which has been in effect since the late 1970's (one side of the street parking at all times), but changes the parking "switch - over" days to Mondays and Thursdays (as opposed to Sundays and Wednesdays) and changes the "switch- over" times to 6:OOpm (as opposed to 4:OOpm). NOTIFICATION SERIAL #10676 INSTALL ALTERNATE PARKING - TYPE 2K VARIOUS LOCATIONS UNIVERSITY DISTRICT • NO PARKING (ALTERNATE - TYPE 2K) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo. the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the Cit of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBIT PORTION HIGHWAY BETWEEN STREET SIDE PROHIBITED PERIOD Lasalle Ave Eggert Rd To North No Parking 6pm Monday to 6pm Thursday Bailey Ave South No Parking 6pm Thursday to 6pm Monday Minnesota Ave Eggert rd to North No Parking 6pm Monday to 6pm Thursday Bailey Ave South No Parking 6pm Thursday to 6pm Monday Lisbon Ave Eggert Rd to North No Parking 6pm Monday to 6pm Thursday Bailey Ave South No Parking 6pm Thursday to 6pm Monday Rounds Ave Eggert Rd to North No Parking 6pm Monday to 6pm Thursday Baiey Ave South No Parking 6pm Thursday to 6pm Monday This action is being taken to provide for new Alternate Type 2K parking. This parking follows the same principals as the existing Alternate Type I parking which has been in effect since the late 1970's (one side of the street parking at all times), but changes the parking "switch - over" days to Mondays and Thursdays (as opposed to Sundays and Wednesdays) and changes the "switch- over" times to 6:OOpm (as opposed to 4:OOpm). NOTIFICATION SERIAL #10577 REPEAL ALTERNATE PARKING - TYPE T VARIOUS LOCATIONS (SEE LIST BELOW) UNIVERSITY DISTRICT NO PARKING (ALTERNATE - TYPE 1) - REPEAL n conformity with Section 49 of Chapter 479 of the Ordinances &the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of his action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five rays after the first Council meeting at which they appear on the agenda as an item business. ['hat that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION HIGHWAY BETWEEN STREET SIDE PROHIBITED PERIOD Bellevue University Ave to North Niagara Falls Blvd South No Parking 4pm Wednesday to 4pm Sunday Radcliffe Rd Kenmore Ave to West No Parking 4pm Sunday to 4pm Wednesday Larchmont Rd East No Parking 4pm Wednesday to 4pm Sunday Deveraux Ave Englwood Ave to Southeast No Parking 4pm Sunday to 4pm Wednesday University Ave Northwest No Parking 4pm Wednesday to 4pm Sunday Evadene St. Englewood Ave, to Southeast No Parking 4pm Sunday to 4pm Wednesday Montrose Ave. Northwest No Parking 4pm Wednesday to 4pm Sunday Eley P1. Englewood Ave. to Northwest No Parking 4pm Sunday to 4pm Wednesday Montrose Ave. Southeast No Parking 4pm Wednesday to 4pm Sunday Montmse Ave. Englewood Ave. to Southwest No Parking 4pm Sunday to 4pm Wednesday Kenmore Ave. Northeast No Parking 4pm Wednesday to 4pm Sunday This action is being taken to provide for new Alternate Type 2K parking. This parking follows the same principals as the existing alternate Type I parking which has been in effect since the late 1970's (one side of the street parking at all times), but changes the parking "switch- owner" days to Mondays and Thursdays (as opposed to Sundays and Wednesdays) and changes the "switch- over" times :o 6:OOpm (as opposed to 4:00 pm). NOTIFICATION SERIAL # 10578 INSTALL ALTERNATE PARKING - TYPE 2K VARIOUS LOCATIONS (SEE LIST BELOW) UNIVERSITY DISTRICT NO PARKING (ALTERNATE - TYPE 2K) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION HIGHWAY Bellevue Ave. University Ave. to North No Parking 6pm Monday to 6pm Thursday Niagara Falls Blvd. South No Parking 6pm Thursday to 6pm Monday Radcliffe Rd. Kenmore Ave. to West No Parking 6pm Monday to 6pm Thursday Larchmont Rd. East No Parking 6pm Thursday to 6pm Monday Devereaux Ave. Englewood Ave. to Northwest No Parking 6pm Monday to 6pm Thursday University Ave. Southeast No Parking 6pm Thursday to 6pm Monday Evadane St. Englewood Ave. to Northwest No Parking 6pm Monday to 6pm Thursday Montrose Ave. Southeast No Parking 6pm Thursday to 6pm Monday Eley Ph Englewood Ave. to Northwest No Parking 6pm Monday to 6pm Thursday Montrose Ave. Southeast No Parking 6pm Thursday to 6pm Monday Montrose Ave. Englewood Ave to Northeast No Parking 6pm Monday to 6pm Thursday Kenmore Ave. Southwest No Parking 6pm Thursday to 6pm Monday This action is being taken to provide for new Alternate Type 2K parking. This parking follows the same principals as the existing Alternate Type I parking which has been in effect since the late 1970's (one side of the street parking at all times), but changes the parking "switch - over" days to Mondays and Thursdays (as opposed to Sundays mad Wednesdays) and changes the "switch- over" times to 6:OOpm (as opposed to 4:OOpm). NOTIFICATION SERIAL G 10579 REPEAL ALTERNATE PARKING - TYPE I VARIOUS LOCATIONS (SEE LIST BELOW) UNIVERSITY DISTRICT NO PARKING (ALTERNATE - TYPE 1) - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section t5 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following NO PARKING PROHIBITED PORTION HIGHWAY BETWEEN STREET SIDE PROHIBITED PERIOD Nicholson Englewood Ave to South No Parking 4pm Sunday to 4pm Wednesday W. Dead End North No Parking 4pm Wednesday to 4pm Sunday Brinton St Englewood Ave to South No Parking 4pm Sunday to 4pm Wednesday W. Dead End North No Parking 4pm Wednesday to 4pm Sunday Englewood Ave. Main St. to Southwest No Parking 4pm Sunday to 4pm Wednesday Mildred St. Northeast No Parking 4pm Wednesday to 4pm Sunday Heath St. Main St. to North No Parking 4pm Sunday to 4pm Wednesday Angle St. South No Parking 4pm Wednesday to 4pm Sunday Merrimac St. Main St. to North No Parking 4pm Sunday to 4pm Wednesday Angle St. South No Parking 4pm Wednesday to 4pm Sunday Mildred St. Englewood . to Southeast No Parking 4pm Sunday to 4pm Wednesday Tyler St. Northwest No Parking 4pm Wednesday to 4pm Sunday This action is being taken to provide for new Alternate Type 2K parking. This parking follows the same principals as the existing Alternate Type I parking which has been in effect since the late 1970's (one side of the street parking at all times), but changes the parking "switch- over" days to Mondays and Thursdays (as opposed to Sundays and Wednesdays) and changes the "switch- over" times to 6:OOpro (as opposed to 4:OOpro). NOTIFICATION SERIAL #10580 INSTALL ALTERNATE PARKING - TYPE 2K- VARIOUS LOCATIONS (SEE LIST BELOW) UNIVERSITY DISTRICT NO PARKING (ALTERNATE - TYPE 2K) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 &the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION HIGHWAY BETWEEN STREET SIDE PROHIBITED PERIOD Nicholson St Englewood Ave to North No Parking 6pm Monday to 6pm Thursday W. Dead End South No Parking 6pm Thursday to 6pm Monday Brinton St Englewood Ave to North No Parking 6pm Monday to 6pm Thursday W. Dead End South No Parking 6pm Thursday to 6pm Monday Englewood Ave Main St to North No Parking 6pm Monday to 6pm Thursday Mildred St South No Parking 6pm Thursday to 6pm Monday Heath St Main St to North No Parking 6pm Monday to 6pm Thursday Angle St South No Parking 6pm Thursday to 6pm Monday Merrimac St Main St to North No Parking 6pm Monday to 6pm Thursday Angle St South No Parking 6pm Thursday to 6pm Monday Mildred St Englewood Ave to North No Parking 6pm Monday to 6pm Thursday Tyler St South No Parking 6pm Thursday to 6pm Monday This action is being taken to provide for new Alternate Type 2K parking. This parking follows the same principals as the existing Alternate Type I parking which has been in effect since the late 1970's (one side of the street parking at all times), but changes the parking "switch- over" days to Mondays and Thursdays (as opposed to Sundays and Wednesdays) and changes the "switch- over" times to 6:OOpm (as opposed to 4:OOpro). [NOTIFICATION SERIAL # 10581 REPEAL ALTERNATE PARKING - TYPE 1 VARIOUS LOCATIONS (SEE LIST BELOW) UNIVERSITY DISTRICT NO PARKING (ALTERNATE - TYPE 1) - REPEAL conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. 'hat that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITE PORTION HIGHWAY BETWEEN STREET SIDE PROHIBITED PERIOD Bruce St Englewood Ave to Southeast No Parking 4pm Sunday to 4pm Wednesday Tyler St Northwest No Parking 4pm Wednesday to 4pm Sunday Cornell St Englewood Ave to Southeast No Parking 4pm Sunday to 4pm Wednesday Tyler St Northwest No Parking 4pm Wednesday to 4pm Sunday W. Winspear Ave Tyler St to South No Parking 4pm Sunday to 4pm Wednesday W. Dead End North No Parking 4pm Wednesday to 4pm Sunday W. Northrup PI Main St to North No Parking 4pm Sunday to 4pm Wednesday W. Dead End South No Parking 4pm Wednesday to 4pm Sunday Custer St Main St to South No Parking 4pm Sunday to 4pm Wednesday W. Dead End North No Parking 4pm Wednesday to 4pm Sunday Northrup PI Main St to South No Parking 4pm Sunday to 4pm Wednesday Winspear Ave North No Parking 4pm Wednesday to 4pm Sunday This action is being taken to provide for new Alternate Type 2K parking. This parking follows the same principals as the existing alternate Type I parking which has been in effect since the late 1970's (one side of the street parking at all times), but changes the Parking "switch- over" days to Mondays and Thursdays (as opposed to Sundays and Wednesdays) and changes the "switch- over" times 6:00 pm (as opposed to 4:00 pm). 0150119107A11010IF114NFilN 'S111 -*N INSTALL ALTERNATE PARKING - TYPE 2K VARIOUS LOCATIONS (SEE LIST BELOW) UNIVERSITY DISTRICT NO PARKING (ALTERNATE - TYPE 2K) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION HIGHWAY BETWEEN STREET SIDE PROHIBITED PERIOD Bruce St Englewood Ave to Northwest No Parking 6pm Monday to 6pm Thursday Tyler St Southwest No Parking 6pm Thursday to 6pm Monday Cornell St Englewood Ave to Northwest No Parking 6pm Monday to 6pm Thursday Tyler St Southwest No Parking 6pm Thursday to 6pm Monday W. Winspear Ave. Tyler St. to North No Parking 6pm Monday to 6pm Thursday W. Dead End South No Parking 6pm Thursday to 6pm Monday W. Northrup P1. Main St. to North No Parking 6pm Monday to 6pm Thursday W. Dead End South No Parking 6pm Thursday to 6pm Monday Custer St. Main St. to North No Parking 6pm Monday to 6pm Thursday W. Dead End South No Parking 6pm Thursday to 6pm Monday Northrup PI Main St to North No Parking 6pm Monday to 6pm Thursday Winspear Ave South No Parking 6pm Thursday to 6pm Monday This action is being taken to provide for new Alternate Type 2K parking. This parking follows the same principals as the existing Alternate Type I parking which has been in effect since the late 1970's (one side of the street parking at all times), but changes the parking "switch- over" days to Mondays and Thursdays (as opposed to Sundays and Wednesdays) and changes the "switch- over" times to 6:OOpm (as opposed to 4:OOpm). NOTIFICATION SERIAL # 10583 REPEAL ALTERNATE PARKING - TYPE I VARIOUS LOCATIONS (SEE LIST BELOW) UNIVERSITY DISTRICT NO PARKING (ALTERNATE - TYPE 1) - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION HIGHWAY BETWEEN STREET SIDE PROHIBITED PERIOD Covington Rd North Dr to West No Parking 4pm Sunday to 4pm Wednesday Taunton PI East No Parking 4pm Wednesday to 4pm Sunday Voorhees Ave Hertel Ave to East No Parking 4pm Sunday to 4pm Wednesday Taunton PI West No Parking 4pm Wednesday to 4pm Sunday North Dr Starin Ave to North No Parking 4pm Sunday to 4pm Wednesday Voorhees Ave South No Parking 4pm Wednesday to 4pm Sunday Wingate Ave Starin Ave to South No Parking 4pm Sunday to 4pm Wednesday Voorhees Ave North No Parking 4pm Wednesday to 4pm Sunday Tacoma Ave Starin Ave to South No Parking 4pm Sunday to 4pm Wednesday Shoshone St North No Parking 4pm Wednesday to 4pm Sunday This action is being taken to provide for new Alternate Type 2K parking. This parking follows the same principals as the existing Alternate Type I parking which has been in effect since the late 1970's (one side of the street parking at all times), but changes the parking "switch- over" days to Mondays and Thursdays (as opposed to Sundays and Wednesdays) and changes the "switch- over" times to 6:OOpro (as opposed to 4:OOpm). NOTIFICATION SERIAL # 10584 INSTALL ALTERNATE PARKING - TYPE 2K VARIOUS LOCATIONS (SEE LIST BELOW) UNIVERSITY DISTRICT NO PARKING (ALTERNATE - TYPE 2K) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION HIGHWAY BETWEEN STREET SIDE PROHIBITED PERIOD Covington Rd. North Dr. to West No Parking 6pm Monday to 6pm Thursday Taunton P1. East No Parking 6pm Thursday to 6pm Monday Voorhees Ave Hertel Ave to West No Parking 6pm Monday to 6pm Thursday Taunton PI East No Parking 6pm Thursday to 6pm Monday North Dr. Starin Ave. to North No Parking 6pm Monday to 6pm Thursday Voorhees Ave. South No Parking 6pm Thursday to 6pm Monday Wingate Ave. Starin Ave. to North No Parking 6pm Monday to 6pm Thursday Voorhees Ave. South No Parking 6pm Thursday to 6pm Monday Tacoma Ave. Starin Ave. to North No Parking 6pm Monday to 6pm Thursday Shoshone St. South No Parking 6pm Thursday to 6pm Monday This action is being taken to provide for new Alternate Type 2K parking. This parking follows the same principals as the existing Alternate Type I parking which has been in effect since the late 1970's (one side of the street parking at all times), but changes the parking "switch- over" days to Mondays and Thursdays.(as opposed to Sundays and Wednesdays) and changes the "switch- over" times to 6:OOpm (as opposed to 4:OOpm). NOTIFICATION SERIAL #10585 REPEAL ALTERNATE PARKING - TYPE I VARIOUS LOCATIONS (SEE LIST BELOW) UNIVERSITY DISTRICT NO PARKING (ALTERNATE - TYPE 1) - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING HIGHWAY BETWEEN STREET SIDE PROHIBITED PERIOD Winston Rd. Hertel Ave. to West No Parking 4pm Sunday to 4pm Wednesday Taunton P1. East No Parking 4pm Wednesday to 4pm Sunday Parker Ave. Hertel Ave. to East No Parking 4pm Sunday to 4pm Wednesday Taunton P1. West No Parking 4pm Wednesday to 4pm Sunday Carmel Rd. Hertel Ave. to East No Parking 4pm Sunday to 4pm Wednesday Taunton P1. West No Parking 4pm Wednesday to 4pm Sunday Groveland St. Tacoma Ave. to West No Parking 4pm Sunday to 4pm Wednesday Taunton PI East No Parking 4pm Wednesday to 4pm Sunday Parkside Ct. Tacoma Ave. to East No Parking 4pm Sunday to 4pm Wednesday Shoshone St. West No Parking 4pm Wednesday to 4pm Sunday This action is being taken to provide for new Alternate Type 2K parking. This parking follows the same principals as the existing Alternate Type I parking which has been in effect since the late 1970's (one side of the street parking at all times), but changes the parking "switch- over" days to Mondays and Thursdays (as opposed to Sundays and Wednesdays) and changes the "switch- over" times to 6:OOpro (as opposed to 4:OOpm). NOTIFICATION SERIAL #10586 INSTALL ALTERNATE PARKING - TYPE 2K VARIOUS LOCATIONS (SEE LIST BELOW) UNIVERSITY DISTRICT NO PARKING (ALTERNATE - TYPE 2K) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION HIGHWAY BETWEEN STREET SIDE PROHIBITED PERIOD Winston Rd. Hertel Ave. to West No Parking 6pm Monday to 6pm Thursday Taunton PI East No Parking 6pm Thursday to 6pm Monday Parker Ave. Hertel Ave, to West No Parking 6pm Monday to 6pm Thursday Taunton P1. East No Parking 6pm Thursday to 6pm Monday Carmel Rd. Hertel Ave. to West No Parking 6pm Monday to 6pm Thursday Taunton P1. East No Parking 6pm Thursday to 6pm Monday Groveland St. Tacoma Ave, to West No Parking 6pm Monday to 6pm Thursday Taunton P1. East No Parking 6pm Thursday to 6pm Monday Parkside Ct, Tacoma Ave. to West No Parking 6pm Monday to 6pm Thursday Shoshone St. East No Parking 6pm Thursday to 6pm Monday This action is being taken to provide for new Alternate Type 2K parking. This parking follows the same principals as the existing Alternate Type I parking which has been in effect since the late 1970's (one side of the street parking at all times), but changes the parking "switch- over" days to Mondays and Thursdays (as opposed to Sundays and Wednesdays) and changes the "switch- over" times to 6:OOpm (as opposed to 4:OOpro). NOTIFICATION SERIAL #10587 REPEAL ALTERNATE PARKING - TYPE I VARIOUS LOCATIONS (SEE LIST BELOW) UNIVERSITY DISTRICT NO PARKING (ALTERNATE - TYPE 1) - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION HIGHWAY BETWEEN STREET SIDE PROHIBITED PERIOD Bickford Ave Davidson Ave to North No Parking 4pm Sunday to 4pm Wednesday Orleans St South No Parking 4pm Wednesday to 4pm Sunday Alice Bickford Ave to South No Parking 4pm Sunday to 4pm Wednesday Orleans St North No Parking 4pm Wednesday to 4pm Sunday Fennimore Bickford Ave to South No Parking 4pm Sunday to 4pm Wednesday Orleans St North No Parking 4pm Wednesday to 4pm Sunday Godfrey St Davidson Ave to East No Parking 4pm Sunday to 4pm Wednesday Kensington Ave West No Parking 4pm Wednesday to 4pm Sunday Leonard Davidson Ave to West No Parking 4pm Sunday to 4pm Wednesday Kensington Ave West No Parking 4pm Wednesday to 4pm Sunday This action is being taken to provide for new Alternate Type 2K parking. This parking follows the same principals as the existing Alternate Type I parking which has been in effect since the late 1970's (one side of the street parking at all times), but changes the parking "switch- over" days to Mondays and Thursdays (as opposed to Sundays and Wednesdays) and changes the "switch- over" times to 6:OOpro (as opposed to 4:OOpm). NOTIFICATION SERIAL #10588 INSTALL ALTERNATE PARKING - TYPE 2K VARIOUS LOCATIONS (SEE LIST BELOW) UNIVERSITY DISTRICT NO PARKING (ALTERNATE - TYPE 2K) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chaptar 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION HIGHWAY BETWEEN STREET SIDE PROHIBITED PERIOD Bickford Ave Davidson Ave to North No Parking 6pm Monday to 6pm Thursday Orleans St South No Parking 6pm Thursday to 6pm Monday Alice Bickford Ave to North No Parking 6pm Monday to 6pm Thursday Orleans St South No Parking 6pm Thursday to 6pm Monday Fennimore Bickford Ave to North No Parking 6pm Monday to 6pm Thursday Orleans St South No Parking 6pm Thursday to 6pm Monday Godfrey St Davidson Ave to West No Parking 6pm Monday to 6pm Thursday Kensington Ave East No Parking 6pm Thursday to 6pm Monday Leonard St Davidson Ave West No Parking 6pm Monday to 6pm Thursday Kensington Ave East No Parking 6pm Thursday to 6pm Monday This action is being taken to provide for new Alternate Type 2K parking. This parking follows the same principals as the existing Alternate Type I parking which has been in effect since the late 1970's (one side of the street parking at all times), but changes the parking "switch- over" days to Mondays and Thursdays (as opposed to Sundays and Wednesdays) and changes the "switch- over" times to 6:OOpm (as opposed to 4:OOpm). NOTIFICATION SERIAL # 10589 REPEAL ALTERNATE PARKING - TYPE 1 VARIOUS LOCATIONS (SEE LIST BELOW) UNIVERSITY DISTRICT NO PARKING (ALTERNATE - TYPE 1) - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo the City Engineer hereby notifies Your Honorable Body of its action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below to be effective for forty five days after the first Council meeting at which they appear on the agenda as an item business- at that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the lowing: NO PARKING PROHIBITED PORTION HIGHWAY BETWEEN STREET SIDE PROHIBITED PERIOD Janet St. Eggert Rd. to West No Parking 4pm Sunday to 4pm Wednesday Davidson Ave. East No Parking 4pm Wednesday to 4pm Sunday Kay St. Eggert Rd. to East No Parking 4pm Sunday to 4pm Wednesday Millieent Ave. West No Parking 4pm Wednesday to 4pm Sunday Davidson Ave. Suffolk St. to South No Parking 4pm Sunday to 4pm Wednesday Eggert Rd. North No Parking 4pm Wednesday to 4pm Sunday Hastings Ave. Bailey Ave. to South No Parking 4pm Sunday to 4pm Wednesday Eggert Rd. North No Parking 4pm Wednesday to 4pm Sunday Phyllis Ave. Bailey Ave. to South No Parking 4pm Sunday to 4pm Wednesday Eggert Rd. North No Parking 4pm Wednesday to 4pm Sunday This action is being taken to provide for new Alternate Type 2K parking. This parking follows the same principals as the existing ternate Type I parking which has been in effect since the late 1970's (one side of the street parking at all times), but changes the switch -over days to Mondays and Thursdays (as opposed to Sundays and Wednesdays) and changes the' switch -over tunes 6:OOpm (as opposed to 4:OOpm). NOTIFICATION SERIAL # 10590 INSTALL ALTEMATE PARKING - TYPE 2K VARIOUS LOCATIONS (SEE LIST BELOW) UNIVERSITY DISTRICT NO PARKING (ALTERNATE - TYPE 2K) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION HIGHWAY BETWEEN STREET SIDE PROHIBITED PERIOD Janet St Eggert Rd to West No Parking 6pm Monday to 6pm Thursday Davison Ave East No Parking 6pm Thursday to 6pm Monday Kay St Eggert Rd West No Parking 6pm Monday to 6pm Thursday Millicent Ave East No Parking 6pm Thursday to 6pm Monday Davidson Ave. Suffolk St. to North No Parking 6pm Monday to 6pm Thursday Eggert Rd. South No Parking 6pm Thursday to 6pm Monday Hastings Ave Bailey Ave. to North No Parking 6pm Monday to 6pm Thursday Eggert Rd South No Parking 6pm Thursday to 6pm Monday This action is being taken to provide for new Alternate Type 2K parking. This parking follows the same principals as the existing Alternate Type I parking which has been in effect since the late 1970's Cone side of the street parking at all times), but changes the parking "switch- over" days to Mondays and Thursdays (as opposed to Sundays and Wednesdays) and changes the "switch- over" times to 6:OOpro (as opposed to 4:OOprn). NOTIFICATION SERIAL #10591 REPEAL ALTERNATE PARKING - TYPE I VARIOUS LOCATIONS (SEE LIST BELOW) UNIVERSITY DISTRICT NO PARKING (ALTERNATE - TYPE 1) - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION HIGHWAY BETWEEN STREET SIDE PROHIBITED PERIOD Millicent Ave. Bailey Ave. to South No Parking 4pm Sunday to 4pm Wednesday Eggert Rd. North No Parking 4pm Wednesday to 4pm Sunday Martha Ave. Bailey Ave. to South No Parking 4pm Sunday to 4pm Wednesday Roosevelt Park North No Parking 4pm Wednesday to 4pm Sunday Martha Ave. Kay St. to South No Parking 4pm Sunday to 4pm Wednesday Eggert Rd. North No Parking 4pm Wednesday to 4pm Sunday Roosevelt Ave. Bailey Ave. to South No Parking 4pm Sunday to 4pm Wednesday Roosevelt Park North No Parking 4pm Wednesday to 4pm Sunday Gall Ave. Edison Ave. to North No Parking 4pm Sunday to 4pm Wednesday Eggert Rd. South No Parking 4pm Wednesday to 4pm Sunday This action is being taken to provide for new Alternate Type 2K parking. This parking follows the same principals as the existing Alternate Type I parking which has been in effect since the late 1970's (one Side of the street parking at all times), but changes the parking "switch- over" days to Mondays and Thursdays (as opposed to Sundays and Wednesdays) and changes the "switch- over" times to 6:OOpro (as opposed to 4:OOpm). NOTIFICATION SERIAL #10592 INSTALL ALTERNATE PARKING - TYPE 2K VARIOUS LOCATIONS (SEE LIST BELOW) UNIVERSITY DISTRICT NO PARKING (ALTERNATE - TYPE 2K) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION HIGHWAY BETWEEN STREET SIDE PROHIBITED PERIOD Millicent Ave. Bailey Ave. to North No Parking 6pm Monday To 6pm Thursday Eggert Rd. South No Parking 6pm Thursday To 6pm Monday Martha Ave. Bailey Ave. to North No Parking 6pm Monday To 6pm Thursday Roosevelt Park South No Parking 6pm Thursday To 6pm Monday Martha Ave. Kay St. to North No Parking 6pm Monday To 6pm Thursday Eggert Rd. South No Parking 6pm Thursday To 6pm Monday Roosevelt Ave. Bailey Ave. to North No Parking 6pm Monday To 6pm Thursday Roosevelt Park South No Parking 6pm Thursday To 6pm Monday Gall Ave. Edison Ave. to North No Parking 6pm Monday To 6pm Thursday Eggert Rd. South No Parking 6pm Thursday To 6pm Monday This action is being taken to provide for new Alternate Type 2K parking. This parking follows the same principals as the existing Alternate Type I parking which has been in effect since the late 1970's (one side of the street parking at all times), but changes the parking "switch- over" days to Mondays and Thursdays (as opposed to Sundays and Wednesdays) and changes the "switch- over" times to 6:OOpm (as opposed to 4:OOpm). NOTIFICATION SERIAL # 10593 REPEAL ALTERNATE PARKING - TYPE I VARIOUS LOCATIONS (SEE LIST BELOW) UNIVERSITY DISTRICT NO PARKING (ALTERNATE - TYPE 1) - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chaptar 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION HIGHWAY BETWEEN STREET SIDE PROHIBITED PERIOD Alma Ave. Bailey Ave. to South No Parking 4pm Sunday to 4pm Wednesday Olympic Ave. North No Parking 4pm Wednesday to 4pm Sunday Manhart St. Bailey Ave. to North No Parking 4pm Sunday to 4pm Wednesday Olympia Ave. South No Parking 4pm Wednesday to 4pm Sunday Decker St. Bailey Ave. to North No Parking 4pm Sunday to 4pm Wednesday Olympic Ave— South No Parking 4pm Wednesday to 4pm Sunday Coanelly St. Bailey Ave. to North No Parking 4pm Sunday to 4pm Wednesday Olympic Ave. South No Parking 4pm Wednesday to 4pm Sunday Warwick Ave. Bailey Ave. to North No Parking 4pm Sunday to 4pm Wednesday Olympic Ave. South No Parking 4pm Wednesday to 4pm Sunday Berwyn Ave. Olympic Ave. to North No Parking 4pm Sunday to 4pm Wednesday Burlington Ave. South No Parking 4pm Wednesday to 4pm Sunday This action is being taken to provide for new Alternate Type 2K parking. This parking follows the same principals as the existing Alternate Type I parking which has been in effect since the late 1970's (one side of the street parking at all times), but changes the parking "switch- over'! days to Mondays and Thursdays (as opposed to Sundays and Wednesdays) and changes the "switch- over" times to 6:OOpm (as opposed to 4:OOpm). Thursdays (as opposed to Sundays and Wednesdays) and changes the "switch- over" times 6:OOpro (as opposed to 4:OOpm). NOTIFICATION SERIAL #10594 INSTALL ALTERNATE PARKING - TYPE 2K VARIOUS LOCATIONS (SEE LIST BELOW) UNIVERSITY DISTRICT NO PARKING (ALTERNATE - TYPE 2K) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of s action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five —'s after the first Council meeting at which they appear on the agenda as an item business. !at that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: ) PARKING PROHIBITED PORTION HIGHWAY BETWEEN STREET SIDE PROHIBITED PERIOD Alma Ave. Bailey Ave. to North No Parking 6pm Monday To 6pm Thursday Olympic Ave. South No Parking 6pm Thursday To 6pm Monday Manhart St. Bailey Ave. to North No Parking 6pm Monday To 6pro Thursday Olympic Ave. South No Parking 6pm Thursday To 6pm Monday Decker St. Bailey Ave. to North No Parking 6pm Monday To 6pro Thursday Olympic Ave. South No Parking 6pm Thursday To 6pm Monday Connelly St. Bailey Ave. to North No Parking 6pm Monday To 6pro Thursday Olympic Ave. South No Parking 6pm Thursday To 6pm Monday Warwick Ave. Bailey Ave. to North No Parking 6pm Monday To 6pro Thursday Olympic Ave. South No Parking 6pm Thursday To 6pm Monday Berwyn Ave. Olympic Ave. to North No Parking 6pm Monday To 6pro Thursday Burlington Ave. South No Parking 6pm Thursday To 6pm Monday is action is being taken to provide for new Alternate Type 2K parking. This parking follows the same principals as the existing ternate Type I parking which has been in effect since the late 1970's (one side of the street parking at all times), but changes the parking "switch- over" days to Mondays and Thursdays (as opposed to Sundays and Wednesdays) and changes the "switch- over" times 6:OOpro (as opposed to 4:OOpm). NOTIFICATION SERIAL #10595 REPEAL ALTERNATE PARKING - TYPE I VARIOUS LOCATIONS (SEE LIST BELOW) UNIVERSITY DISTRICT No Parking 4pro Sunday To 4pro Wednesday No Parking 4pro Wednesday To 4pm Sunday NO PARKING (ALTERNATE - TYPE 1) REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION HIGHWAY BETWEEN STREET SIDE PROHIBITED PORTION Andover Ave. Bailey Ave. to North No Parking 4pm Sunday To 4pm Wednesday Olympic Ave. South No Parking 4pm Wednesday To 4pm Sunday Midland St Hutchinson Ave to North No Parking 4pm Sunday To 4pm Wednesday Comstock Ave South No Parking 4 pm Wednesday to 4 pm Sunday Thatcher Ave. E. Amherst St. to East No Parking 4pm Sunday To 4pm Wednesday Olympic Ave. West No Parking 4pm Wednesday To 4pm Sunday Elmer Ave, E. Amherst St. to East No Parking 4pm Sunday To 4pm Wednesday Kensington Ave. West No Parking 4pm Wednesday To 4pm Sunday Poultney Ave. E. Amherst St. to East No Parking 4pm Sunday To 4pm Wednesday Kensington Ave. West No Parking 4pm Wednesday To 4pm Sunday Clarence Ave. E. Amherst St. to East No Parking 4pm Sunday To 4pm Wednesday Kensington Ave. West No Parking 4pm Wednesday To 4pm Sunday This action is being taken to provide for new Alternate Type 2K parking. This parking follows the same principals as the existing Alternate Type I parking which has been in effect since the late 1970's (one side of the street parking at all times), but changes the parking "switch- over" days to Mondays and Thursdays (as opposed to Sundays and Wednesdays) and changes the "switch- over" times to 6:OOpro (as opposed to 4:OOpro). NOTIFICATION SERIAL # 10696 INSTALL ALTERNATE PARKING - TYPE 2K VARIOUS LOCATIONS SEE LIST BELOW — UNIVERSITY DISTRICT NO PARKING (ALTERNATE - TYPE 2K) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo. the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION HIGHWAY BETWEEN STREET SIDE PROHIBITED PORTION Andover Ave. Bailey Ave. to North No Parking 6pm Monday To 6pm Thursday Olympic Ave. South No Parking 6pm Thursday To 6pm Monday Midland St. Hutchinson Ave. to North No Parking 6pm Monday To 6pm Thursday Comstock Ave. South No Parking 6pm Thursday To 6pm Monday Thatcher Ave. E. Amherst St. to West No Parking 6pm Monday To 6pm Thursday Olympic Ave. East No Parking 6pm Thursday To 6pm Monday Elmer Ave. E. Amherst St. to Wes t No Parking 6pm Monday To 6pm Thursday Kensington Ave. East No Parking 6pm Thursday To 6pm Monday Poultney Ave. E. Amherst St, to Wes t No Parking 6pm Monday To 6pm Thursday Kensington Ave. East No Parking 6pm Thursday To 6pm Monday Clarence Ave. E. Amherst St. to Wes t No Parking 6pm Monday To 6pm Thursday Kensington Ave. East No Parking 6pm Thursday To 6pm Monday This action is being taken to provide for new Alternate Type 2K parking. This parking follows the same principals as the existing Alternate Type I parking which has been in effect since the late 1970's (one side of the street parking at all times), but changes the parking "switch- over" days to Mondays and Thursdays (as opposed to Sundays and Wednesdays) and changes the "switch- over" times to 6:OOpro (as opposed to 4:OOpm). NOTIFICATION SERIAL #10697 REPEAL ALTERNATE PARKING - TYPE I VARIOUS LOCATIONS (SEE LIST BELOW) UNIVERSITY DISTRICT NO PARKING (ALTERNATE - TYPE 1) - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION HIGHWAY BETWEEN STREET SIDE PROHIBITED PORTION Newburgh Ave. Weston Ave. to East No Parking 4pm Sunday To 4pm Wednesday E. Delavan Ave. West No Parking 4pm Wednesday To 4pm Sunday Roslyn St. Gerald P1. to West No Parking 4pm Sunday To 4pm Wednesday E. Delavan Ave. East No Parking 4pm Wednesday To 4pm Sunday Roebling Ave. Gerald P1. to West No Parking 4pm Sunday To 4pm Wednesday E. Delavan Ave. East No Parking 4pm Wednesday To 4pm Sunday Ericson Ave. Gerald P1. to East No Parking 4pm Sunday To 4pm Wednesday E. Delavan Ave. West No Parking 4pm Wednesday To 4pm Sunday Gerald Ave. Bailey Ave. to North No Parking 4pm Sunday To 4pm Wednesday Newburgh Ave. South No Parking 4pm Wednesday To 4pm Sunday Arden Ave. Bailey Ave. to South No Parking 4pm Sunday To 4pm Wednesday Newburgh Ave. North No Parking 4pm Wednesday To 4pm Sunday This action is being taken to provide for new Alternate Type 2K parking. This parking follows the same principals as the existing Alternate Type I parking which has been in effect since the late 1970's (one side of the street parking at all times), but changes the parking "switch- over" days to Mondays and Thursdays (as opposed to Sundays and Wednesdays) and changes the "switch- over" times to 6:OOpm (as opposed to 4:OOpm). NOTIFICATION SERIAL #10598 INSTALL ALTERNATE PARKING - TYPE 2K VARIOUS LOCATIONS (SEE LIST BELOW) UNIVERSITY DISTRICT NO PARKING (ALTERNATE - TYPE 2K) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION HIGHWAY BETWEEN STREET SIDE PROHIBITED PORTION Newburgh Ave. Weston Ave. to West No Parking 6pm Monday To 6pm Thursday E. Delavan Ave. East No Parking 6pm Thursday To 6pm Monday Roslyn St. Gerald P1. to West No Parking 6pm Monday To 6pm Thursday E, Delavan Ave. East No Parking 6pm Thursday To 6pm Monday Roebling Ave. Gerald P1. to West No Parking 6pm Monday To 6pm Thursday E. Delavan Ave, East No Parking 6pm Thursday To 6pm Monday Ericson Ave. Gerald P1. to West No Parking 6pm Monday To 6pm Thursday E. Delavan Ave. East No Parking 6pm Thursday To 6pm Monday Gerald Ave. Bailey Ave. to North No Parking 6pm Monday To 6pm Thursday Newburgh Ave. South No Parking 6pm Thursday To 6pm Monday Arden Ave. Bailey Ave. to North No Parking 6pm Monday To 6pm Thursday Newburgh Ave. South No Parking 6pm Thursday To 6pm Monday This action is being taken to provide for new Alternate Type 2K parking. This parking follows the same principals as the existing Alternate Type I parking which has been in effect since the late 1970's (one side of the street parking at all times), but changes the parking "switch - over" days to Mondays and Thursdays (as opposed to Sundays and Wednesdays) and changes the "switch- over" times to 6:OOpro (as opposed to 4:OOpm). Notification Serial # 10599 Repeal Alternate parking - Type I Various Locations (see list below) University District NO PARKING (ALTERNATE - TYPE 1) - REPEAL In conformity with Section 49 of Chapter 479 &the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PAR KING PROHIBITED PORTION HIGHWAY BETWEEN STREET SIDE PROHIBITED PERIOD Proctor Ave. Bailey Ave. to North No Parking 4 pm Sunday to 4pm Wednesday Newburgh Ave South No Parking 4pm Wednesday to 4pm Sunday Erskine Ave. Bailey Ave to South No Parking 4 pm Sunday to 4pm Wednesday Suffolk St North No Parking 4pm Wednesday to 4pm Sunday Hempstead Ave. Bailey Ave. to South No Parking 4 pm Sunday to 4pm Wednesday Suffolk St. North No Parking 4pm Wednesday to 4pm Sunday Ruspin Ave. Bailey Ave. to North No Parking 4 pm Sunday to 4pm Wednesday Suffolk St. South No Parking 4pm Wednesday to 4pm Sunday Oakmont Ave. Bailey Ave to South No Parking 4 pm Sunday to 4pm Wednesday Suffolk St. North No Parking 4pm Wednesday to 4pm Sunday This action is being taken to provide for new Alternate Type 2K parking. This parking follows the same principals as the existing Alternate Type I parking which has been in effect since the late 1970's (one side of the street parking at all times), but changes the parking "switch - over" days to Mondays and Thursdays (as opposed to Sundays and Wednesdays) and changes the "switch- over" times to 6:OOpm (as opposed to 4:OOpm). Notification Serial #10600 Install Alternate Parking -Type 2K Various Locations (see list below) University District NO PARKING (ALTERNATE - TYPE 2K) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, Or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION HIGHWAY BETWEEN STREET SIDE PROHIBITED PERIOD Proctor Ave. Bailey Ave. to North No Parking 6pm Monday to 6 pm Thursday Newburgh Ave. South No Parking 6pm Thursday to 6pm Monday Erskine Ave. Bailey Ave. to North No Parking 6pm Monday to 6 pm Thursday Suffolk St. South No Parking 6pm Thursday to 6pm Monday Hempstead Ave Bailey Ave. to North No Parking 6pm Monday to 6 pm Thursday Suffolk St. South No Parking 6pm Thursday to 6pm Monday Ruspin Ave. Bailey Ave. to North No Parking 6pm Monday to 6 pm Thursday Suffolk St. South No Parking 6pm Thursday to 6pm Monday Oakmont Ave. Bailey Ave to North No Parking 6pm Monday to 6 pm Thursday Suffolk St South No Parking 6pm Thursday to 6pm Monday This action is being taken to provide for new Alternate Type 2K parking. This parking follows the same principals as the existing Alternate Type I parking which has been in effect since the late 1970's (one side of the street parking at all times), but changes the parking "switch- over" days to Mondays and Thursdays (as opposed to Sundays and Wednesdays) and changes the "switch- over" times to 6:OOpm (as opposed to 4:OOpm). RECEIVED AND FILED WAIVE 45 DAYS NO 16 CHANGE IN CONTRACT- HISTORICAL SOCIETY WATERPROOFING & DRAINAGE (NORTH) I hereby submit to Your Honorable Body the following change for the Historical Society, Waterproofing & Drainage, D W Development, C #93000509. 1. Due to discovery of existing storm drains during excavation that Add $15,016.79 Required the new foundation drainage piping to be located lower Than anticipated, additional work was needed to incorporate Existing building storm drains into new foundation drainage piping. The foregoing change results in a net increase in the contract of Fifteen Thousand Sixteen and 79/100 Dollars ($15,016.79). Summary: Original Contract Amount $54,700.00 Change Order #1 (Extension of Time; no cost) 0.00 Amount of This Change Order ( #2) Add $15,016.79 Revised Contract Amount $69,716.79 Cost have been reviewed by the consulting engineer (Clark Patterson Lee) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 39320206 445100 — Buildings. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 2, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 2, to DW Development, an increase in the amount of $15,016.79, as more fully described in the above communication, for work relating to Job No. 0850, Historical Society, Waterproofing & Drainage, C #93000509. Funds for this project are available in 39320206 445100 - Buildings. PASSED AYES -9 NOES -0 NO 17 DELAWARE PARK LAKE PUMP REHAB & SHORELINE IMPROVEMENT PROJECT The New York State Department of Environmental Conservation has authorized a grant in the amount of $150,000.00 to the City of Buffalo for pump rehabilitation and shoreline restoration of Delaware Park Lake. I hereby request permission of Your Honorable Body to allow the Commissioner of Public Works, Parks and Streets to seek proposals and hire an engineering consultant to assist our Department with the design of this project and advertise and receive sealed bids and to enter into a contract for the rehabilitation of the pumps and shoreline restoration work of Delaware Park Lake. The existing pumps were installed approximately 30 years ago and as of today only two of the original three are still functioning at a reduced capacity. In additional, repairs will be made to a portion of the bank of the lake that has eroded away. Initial funding for this project will be made through an interfund loan. Funds for this project will be made available from an account to be named at a later date. The results of the bids will be reported to the Council. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 15, 2010 be received and filed; and That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to seek proposals and hire an engineering consultant to assist with the design of the Delaware Park Lake Pump Rehabilitation Shoreline Improvement Project and advertise and receive sealed bids and to enter into a contract for the rehabilitation of the pumps and shoreline restoration work of Delaware Park Lake. Funds for this project are: available from an account to be named at a later date. PASSED AYES -9 NOES -0 NO 18 PERMISSION TO ACCEPT FUNDS BUFFALO RIVER FEST PARK GRANTS Permission is hereby requested from Your Honorable Body to accept a One Million Dollar ($1,000,000.00) Grant through the Empire State Development Corporation from Upstate City -by -City Funding for Buffalo River Fest Park. This project is located in the area of 195 -249 Ohio Street and involves the construction of a 4,000 square foot brick building lodge with a full kitchen and banquet facility, food concession, lavatory. In addition, a boat dock and board walk will be constructed as well as a picnic area and walking trails along the Buffalo River. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 15, 2010 be received and filed; and That the Common Council be, and they hereby are authorized to accept a One Million Dollar ($1,000,000.00) Grant through the Empire State Development Corporation from Upstate City -by -City funding for Buffalo River Fest Park located in the area of 195 -249 Ohio Street. PASSED AYES -9 NOES -0 NO 19 PERMISSION TO ACCEPT FUNDS ERIE BASIN MARINA GRANTS Permission is hereby requested from Your Honorable Body to accept a One Million Dollar ($1,000,000.00) Grant through the Empire State Development Corporation from Upstate City -by -City Funding for the Erie Basin Marina. This project involves reconstruction of the Erie Basin Marina Seawall, new boardwalk and outlook, restroom upgrade, roof repairs, new dock decking, dock security gates, and various other upgrades and improvements. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 15, 2010 be received and filed; and That the Common Council be, and they hereby are authorized to accept a One Million Dollar ($1,000, 000.00) Grant through the Empire State Development Corporation from Upstate City -by -City funding for the Erie Basin Marina. PASSED AYES -9 NOES -0 NO 20 REQUEST TO PURCHASE VEHICLE Purchase (1) Ford Cargo Van for the Dog Control Officers to Replace a 1997 Dodge from NYSOGS Item 14A $15,090.00 Funds for this item will come out of 33310106 - 445100 Mr. Fontana moved: That the above communication from the Commissioner of Public Works dated September 2, 2010, be received and filed; and That the Commissioner of Public Works, Parks & Streets and the Director of Purchase be, and they hereby are authorized to purchase a Ford Cargo Van for the Dog Control Officers, as more fully described in the above communication, in the amount of $15,090.00. Funds for this project are available in 33310106 - 445100. That the acceptance of the donation of this vehicle is approved contingent on, that concurrent with it's use, there be no increase in the number designated as authorized for take -home use, there be no increase in the number designated as marked and unmarked in accordance with Chapter 53 of the City Code and the exceptions thereto granted by this Common Council, and that the replaced vehicles be removed from City service and disposed of in the best interests of the City. PASSED W /COND AYES -9 NOES -0 FROM THE COMMISSIONER OF POLICE NO 21 APPROVAL FOR PURCHASING HOSTAGE MANAGEMENT VEHICLE The City of Buffalo Police Department has been awarded $44,000 under a Department of Criminal Justice Services Legislative Grant to purchase a cargo van to be utilized by our Hostage Management Team. At this time, we are respectfully requesting authorization for the Mayor to accept this funding, and in addition, your permission to purchase the cargo van. This non -take home vehicle will be utilized by members of the Buffalo Police's Hostage Management Team when they are called for crisis intervention when the team responds to a "call out" involving barricaded person(s), hostage takers, suicidal incidents, and domestic violence situations. Currently, the Hostage Management Team has to perform their negotiations during critical, life /death situations from another vehicle that is already being used on scene for tactical operations during the crisis as SWAT or other responding units try to assess the situation with regard to weapons, building lay -out, etc; OR, Hostage Management Team Members have to negotiate on the street or other public place, venues that are not really conducive to privacy, which is critical to the negotiator and witness/family members, since it keeps them away from the various other distractions on- scene. This vehicle would also benefit the community -at- large, as other jurisdictions have requested the services of the Buffalo Police Hostage Management Team due to their expertise, experience, and resources, to which this van will now be added, with your permission. In addition, we are also requesting an inter -fund cash loan for this equipment, which is a non - personnel expenditure, until such reimbursement is secured from the State. The loan would then be repaid, since the reimbursement will be sent directly to the City from the State under this grant initiative. There is no City Match involved with this grant. Because of grant time constraints and the fact that it will take quite a while to maneuver through the City's procurement process, we are respectfully asking your Honorable Body to approve our request at this meeting. If you have any questions, feel free to contact either Captain Mark Makowski or Maureen Oakley of the Buffalo Police Grants Section at 851 -4475. Thank You. Daniel Derenda Commissioner of Police Mr. Fontana moved: That the above communication from the Commissioner of Police dated September 14, 2010, be received and filed; and That the Mayor be, and he hereby is authorized to accept $44,000, through the Department of Criminal Justice Services Legislative Grant to purchase a cargo van to be used by the Hostage Management Team, upon the condition that there be no increase in the number designated as authorized for take - home use. That the Comptroller be, and he hereby is authorized to provide an interfund cash loan for all non - personnel items upon his written request to this Common Council. The loan can then be repaid as the reimbursements are sent to the City from the State under this grant initiative. PASSED AYES -9 NOES -0 NO 22 DRUG ASSET FORFEITURE WIRE TRANSFERS 09 -DEA- 517670 C2 -08 -0144 2,004.94 08 -DEA- 503175 C2 -08 -0054 257.21 10 -DEA- 528003 C2 -10 -0058 1,502.48 09 -DEA- 521852 C2 -09 -0154 1,213.45 10 -DEA- 528177 C2 -10 -0066 1,784.48 10 -DEA- 528002 C2 -10 -0058 1,443.25 10 -DEA- 528547 C2 -10 -0073 1,219.29 10 -DEA- 528196 C2 -10 -0055 710.68 10 -DEA- 528828 C2 -10 -0078 1,727.37 09 -DEA- 519305 C2 -09 -0124 1,233.25 10 -DEA- 526157 C2 -08 -0109 259.08 10 -DEA- 530140 C2 -10 -0090 413.45 10 -DEA- 530140 C2 -10 -0090 1,110.73 (15% SAFF) 10 -DEA- 528007 C2 -10 -0063 1,318.08 (15% SAFF) TOTAL $16,198.74 The Drug Enforcement Administration (DEA), U.S. Customs and /or the FBI has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000 - 389001. 15% of the DEA funds have been deposited into SAFF account 10440 for fulfilling year 5 expenditures under SAFF legislation. The remaining funds will be placed into one or more of the following accounts as deemed necessary by the Commissioner of Police: Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624. Chief Dennis J. Richards Chief of Investigative Services RECEIVED AND FILED NO 23 PROPOSAL FROM EM SYSTEMS I hereby submit to Your Honorable Body the following proposal from EM Systems to provide the City of Buffalo Police Department with two Camera system interface programs. The first program will interface the location of the cameras to the CAD system. This program will allow BPD camera operator's to quickly identify potential cameras in closest proximity to a complaint in order to review captured important video footage or possibly video an incident as it occurs. The second program will provide the capabilities to send video clips to the mobile data system and to link video clips to complaints and police reports. This will allow officers to retrieve more data at one time regarding an incident and assist in solving cases. EM Systems is currently under New York State contract to provide these services. Costs and the scope of work have been reviewed by the Department of Police, Planning and Analysis Unit and were found to be fair and equitable. Funds for this project are being provided through New York State Efficiency 2007 Grant funds, org /object #24310516 450000. Thank you in advance for your cooperation and expediency in addressing this matter. Mr. Fontana moved: That the above communication from the Commissioner of Police dated September 14, 2010, be received and filed; and That the Commissioner of Police be, and he hereby is authorized to enter into a contract with EM Systems to provide the Police Department with two (2) Camera system interface programs. Funds for this project are available through New York State Efficiency 2007 Grant funds, org /object #24310516 450000. PASSED AYES -9 NOES -0 NO 24 REQUEST PERMISSION TO DONATE OUT OF SERVICE POLICE RADIOS TO PARKING ENFORCEMENT The Buffalo Police Department has replaced Motorola HT1000 portable radios with Motorola XTS 1500. The Motorola HT 1000 radios are outdated, replacement parts are difficult to obtain, and the radios are no longer of any use to the Buffalo Police Department. Kevin J. Helfer, Commissioner of the Department of Parking expressed a need for this equipment and is requesting the donation of 25 HT 1000 radios for the use of Parking Enforcement. Buffalo Fire Radio will reprogram these radios to another frequency, exclusively dedicated to Parking Enforcement. Parking Enforcement will not be able to transmit or receive Buffalo Police transmissions. The Department of Parking will retain ownership of the used equipment and will assume all liability for its use until such time as it is destroyed or is totally unusable. Mr. Fontana moved: That the above communication from the Commissioner of Police dated September 3, 2010, be received and filed; and That the Commissioner of Police be, and he hereby is authorized to donate to the Department of Parking 25 HT 1000 radios for the use of Parking Enforcement. PASSED AYES -9 NOES -0 FROM THE CORPORATION COUNSEL NO 25 DELEGATION OF ASSIGNMENT AS HEARING OFFICER On September 13, 2010, Mayor Byron Brown designated me, as Acting Corporation Counsel for the City of Buffalo, or my designee, to serve as a Hearing Officer for a hearing pursuant to section 11 -2 of the City Charter and section 24(1) of the Civil Service law seeking the removal of Karla L. Thomas as Commissioner of Human Resources of the City of Buffalo. Mayor Brown also vested me, or my designee, with all of the powers of the Mayor's Office necessary to conduct this hearing, and directed me, or my designee, to make a record of this hearing and to forward that record together with my recommendations or my designee's recommendations to him for review and decision. Commissioner Thomas has been given due notice that a hearing is scheduled for Thursday, September 16, 2010 at 10:00 a.m. in Room 209 of City Hall, 65 Niagara Square, Buffalo, New York 14202 on the Charges preferred by the Mayor on September 2, 2010. This hearing shall take place as scheduled. I have determined that due to my prior involvement in this matter, it is not appropriate for me to personally serve as the hearing Officer, so, as the Acting Corporation Counsel of the City of Buffalo, I hereby designate Michael A. Battle, Esq. to serve as the Hearing Officer for this proceeding as my designee. As such, I hereby delegate and vest my designee, Mr. Battle, with all of the powers of this Office necessary to conduct this hearing, and I hereby direct my designee, Mr. Battle, to make a record of this hearing and to forward that record together with his recommendations to Mayor Brown for review and decision. The original copy of this DESIGNATION shall be filed with the Clerk of the City of Buffalo. RECEIVED AND FILED FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO 26 CONTRACT RENEWAL - PARADIGM ENVIRONMENTAL We hereby request your Honorable Body's approval and permission to extend, for a one -year period, contract #93000218 in the amount of $275,800 and contract #93000246 in the amount of $16,800, and to charge Capital Project Fund #33650106/445100. Mr. Fontana moved: That the above communication from the Department of Permit and Inspection Services dated September 10, 2010, be received and filed; and That the Comptroller be, and he hereby is not authorized to transfer $275,000 from account #33650106/445100 to contract account #93000218 and transfer $16, 800 from account #33650106144510 to contract account #93000246. PASSED AYES -9 NOES -0 NO 27 FOOD STORE (NEW) 490 CONNECTICUT (NIAGARA) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 490 CONNECTICUT (HOLLY GROCERY /MAHER I. SALEH) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Permit and Inspection Services dated September 14, 2010, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspection Services be, and he hereby is authorized to grant a Food Store License to Maher I. Saleh, d /b /a Holly Grocery located at 490 Connecticut. PASSED AYES -9 NOES -0 NO 28 FOOD STORE (NEW) 529 DODGE(ELLICOTT ) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 529 Dodge (DODGE EXPRESS MART INC. /AHMED ALBAJARI) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Permit and Inspection Services dated September 15, 2010, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspection Services be, and he hereby is authorized to grant a Food Store License to Ahmed Albajari, dib /a Dodge Express Mart, Inc. located at 529 Dodge. PASSED F- 1 =110IR701 161*=01 NO 29 LODGING HOUSE LICENSE 409 FRANKLIN (ELLICOTT) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Lodging House License located at 409 Franklin and find that as to form is correct. I have caused an investigation into the premises for which said application for a Lodging House license is being sought and according to the attached reports from the Zoning Office, Fire Department, Police, 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 James Harris. The attached thereto for James Harris. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO 30 FOOD STORE (NEW) 749 JEFFERSON (ELLICOTT) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 749 JEFFERSON (JEFFERSON EXPRESS MART /MOHSEN ABDULLAH AHMED) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Permit and Inspection Services dated September 14, 2010, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspection Services be, and he hereby is authorized to grant a Food Store License to Mohsen Abdullah Ahmed, dib /a Jefferson Express Mart, located at 749 Jefferson. PASSED AYES -9 NOES -0 NO 31 FOOD STORE (NEW) 410 RHODE ISLAND(NIAGARA) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 410 RHODE ISLAND (FAST MART GAS & GROCERY LLC /SALEH OMAR) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Permit and Inspection Services dated September 14, 2010, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspection Services be, and he hereby is authorized to grant a Food Store License to Saleh Omar, d /b /a Fast Mart Gas & Grocery, LLC, located at 410 Rhode Island. PASSED AYES -9 NOES -0 NO 32 FOOD STORE LICENSE (NEW) -860 WILLIAM (FILL) Pursuant to Chapter i94 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 860 WILLIAM (LUCKY'S /SI -IARIF SAEED) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Permit and Inspection Services dated September 14, 2010, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspection Services be, and he hereby is not authorized to grant a Food Store License to Shariff Saeed, d /b /a Lucky's, located at 860 William and the license application is deemed denied as the premises is currently in disrepair and is being operated as a retail outlet for non -food stuffs. DENIED NO 33 RESTAURANT DANCE LICENSE (RENEWAL) 681 MAIN STREET Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 681 Main Street for which said renewal application for a Restaurant Dance Class III license is being sought by Arthur Kwitehoff @ Town Ballroom 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. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF PARKING NO 34 ABANDONED VEHICLE FOR CITY USE This is to request authorization for the Department of Parking to take over use of a 2006 Dodge Durango property number 030110.011, RIV, for use by the Division of Parking Enforcement as a Meter Collection vehicle. All steps required under section 1224 NYS Vehicle & Traffic Law have been followed and the vehicle remains unclaimed making it available for auction or conversion to official use. This vehicle will not be a take home vehicle. Mr. Fontana moved: That the above communication from the Commissioner of Parking dated September 2, 2010, be received and filed; and That the acceptance of the donation of a 2006 Dodge Durango, as more fully described above, is approved contingent on, that concurrent with it's use, there be no increase in the number designated as authorized for take -home use, there be no increase in the number designated as marked and unmarked in accordance with Chapter 53 of the City Code and the exceptions thereto granted by this Common Council, and that the replaced vehicles be removed from City service and disposed of in the best interests of the City. PASSED AYES -9 NOES -0 NO 36 DESIGNATE 394 AND 396 HERTEL AVE AS A RAPP LOT PRIOR COUNCIL REFERENCE: #106 C.C.P. 09/07/10 My recommendation would be to approve this address as a RAPP Lot. I would also respectively ask the Common Council, as part of the approval motion, to also approve the increase of the Buffalo Civic Auto Ramps Residential Area Parking Program (RAPP) Contract by $1,813.54. The RAPP contract that was approved by Your Honorable Body designated unit rates for Summer Hardscape, Winter Hardscape, Turf, and Flower Beds. They are as follows: Summer Hardscape (Cleaning) - 1,037 square yards at $0.34 = $352.88 Winter Hardscape (Plowing) - 1,037 square yards at $0.46 = $477.02 Turf (Grass Cutting) - 76 square yards at $1.45 = $110.20 Flower Beds and Shrubs (Maintenance) - 206 square yards at $4.24 = $873.44 Mr. Fontana moved: That the above communication from the Commissioner of Parking dated September 16, 2010, be received and filed; and That the Common Council hereby authorizes: (1) the addition of 394 and 396 Hertel Avenue as RAPP Lots and (2) the increase of the Buffalo Civic Auto Ramps Residential Area Parking Program (RAPP) Contract by $1,813.54 as more fully described in the above communication. PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING NO 36 YEAR 36 COMMUNITY DEVELOPMENT QUARTERLY REPORTS (MAY 1,2010 TO JULY31, 2010) Attached please find Quarterly Report for Year 36 Community Development Block Grant funded Public Service Agencies including Fair Housing Contracts. These Community Based Organizations provide various Public Service needs though the City of Buffalo. Services include, but are not limited to Youth, Senior Citizens, Cultural Enrichment, Literacy and Special Needs (Physically or Mentally Handicapped). Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMMISSIONER OF HUMAN RESOURCES N 37 REQUEST TO ENTER CONTRACT 1/0 SOLUTIONS WRITTEN EXAM & ASSESSMENT CENTER DETECTIVE SERGEANT PRIOR COUNCIL REFERENCE: Item No. 64, CCP 09/18/2007 The Department of Human Resources /Civil Service Administration is in the process of planning the administration of a Detective Sergeant examination, which consists of a written examination and assessment center. The vendor for the development and administration of the Detective Sergeant examination is 1/0 Solutions of Westchester, Illinois. The vendor was awarded a contract in 2007 with the City of Buffalo through the RFP process. The contract has expired. Since the examination was developed and administered by 1/0 Solutions, no other vendor may update the examination without violating copyrights. The Department of Human Resources /Civil Service Administration respectfully requests authorization from the Common Council to enter into contract with 1/0 Solutions for the administration of the next Detective Sergeant examination. The proposed contract will begin as soon as possible and terminate with the expiration of the resulting eligible list, and in no event be in- existence for more than four (4) years in accordance with New York State Civil Service Law. Mr. Fontana moved: That the above communication from the Commissioner of Human Resources dated August 30, 2010, be received and filed; and That the Department of Human Resources /Civil Service Administration be, and they hereby are authorized to enter into a contract with 1/0 Solutions for the administration of the next Detective Sergeant examination under the same material terms and conditions included in the Draft Agreement attached to said communication and upon any other non - material terms and conditions as required by the Acting Corporation Counsel. PASSED FROM THE CITY CLERK NO 38 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name One Seymour Knox III Plaza HSBC Arena Buffalo Sportservice, LLC One Seymour Knox III Plaza HSBC Arena Buffalo Sportservice, LLC 289 Austin Vision Club Bar Rest. Conception Virella III RECEIVED AND FILED NO 39 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Police — Martin Hall, Ronny Blatchford RECEIVED AND FILED. NO 40 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Fontana moved the approval of the appointments to the position of Council Intern. ADOPTED. CERTIFICATE OF APPOINTMENT Appointment effective 8/5/2010 in the Department of Common Council Division of Masten District to the Position of Intern VI Unclassified Open- Competitive flat Starting Salary of $10.00 Howard Bracket, 78 Monticello PI, Buffalo NY 14214 CERTIFICATE OF APPOINTMENT Appointment effective 8/16/2010 in the Department of Common Council Division of South District to the Position of Intern VI Unclassified Exempt flat Starting Salary of $10.00 Crystal Guash, 375 Marilla St, Buffalo 14220 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO 41 LP CIMINELLI BOARD PACKET DOCUMENTS SEPTEMBER 2010 Attached are the following documents from the Joint Schools Construction Board meeting scheduled on September 13, 2010: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated August 2, 2010 3. Fully Executed Phase III Application and Certificate for Payment No. 40 - July 2010 4. Fully Executed Phase IV Application and Certificate for Payment No. 25 - July 2010 5. Phase HI Application and Certificate for Payment No. 41 - August 2010 6. Phase IV Application and Certificate for Payment No. 26 - August 2010 7. Phase V Application and Certificate for Payment No. 9 - August 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 HI Project- July 2010 10. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase 1 V Project - July 2010 11. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase IV — July 2010 Copy available for review in the City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO 42 P. EVANS - JESSIE KETCHUM MEMORIAL FUND ANNUAL REPORT Ladies & Gentlemen: The Board of Trustees of the Jesse Ketchum Memorial Fund herewith submit its Annual Report to you as required by the Deed of Trust that established this fired for the awarding of prizes for excellent scholarship to the eighth grade graduates of the Buffalo Public Schools. Principals of each elementary school having an eighth grade class have submitted the names of those students who are members of the graduating class who have ranked the highest scholarship in their group. The first place winner received a gold flashed medal, certificate and a $1,500 check that was presented to the highest student ranking in the entire city. The second place received a silver flashed medal, certificate and a $1,000 check. Each school winner received a bronze medal, a certificate and a $50 00 check. Awards were presented at the Awards Ceremony held at West Hertel Academy. For the 2008 -2009 school year a total of thirty -eight medals and certificates were awarded. A list of the winners is enclosed for your records. Also, a copy of the financial report by the Treasurer, Mr. Robert Drake, for the fiscal year 12/31/08 thru 12/31/09 is enclosed. Respectfully submitted, Mrs. Patricia S. Evans Secretary RECEIVED AND FILED NO 43 K. LINDER -LIST OF PROPERTIES MAINTAINED BY COB DIV OF PARKS & RECREATION Attached is a listing of all properties currently maintained by the City of Buffalo Division of Parks and Recreation, including the Olmsted system which operates under agreement with the Buffalo Olmsted Parks Conservancy. They are listed in alphabetic order, with a small description of each and their general location. The Division of Parks and Recreation does not maintain properties which fall under the jurisdiction of the Board of Education, BURA, Housing Authority or are located on private property. Please let me know if you have any questions. Andrew R. Rabb Deputy Commissioner Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION NO 44 J. SANDORO- CONCERNS PRIVATE PARKING SIGNS To Whom it May Concern: Attached please find photos taken of Oak Street looking south. This is arguably the most dangerous intersection in Downtown Buffalo because of traffic in and out of the bus terminal. Busses cross over to make a left to go to Route 33. The owner of the parking lots in the block bounded by South Division, Elm, Michigan and Swan, has been erecting signs and bolting them to the poles on the right of way on both sides of Oak Street. (Please see photos.) He also erected a sign on the northwest corner of Elm Street directing people to cross lanes of traffic to go in his lot on the opposite side of the street. This is another very dangerous situation to begin with. I am very concerned with the dangerous condition Mr. Karam's actions create. This is to put you on notice that these conditions exist. If you have any questions, please call me, 855 -1931. Thank you. Respectfully submitted. James T. Sandoro REFERRED TO THE DEPARTMENT OF PUBLIC WORKS AND THE CORPORATION COUNSEL NO 45 W. JAMES SCHWAN- ADVISE KARLA THOMAS NOT TO APPEAR AT FINANCE MEETING Hon. Michael P. Kearns, Chairman Finance Committee Re: September 14, 2010 " Finance Committee Meeting Dear Mr. Kearns: A committee meeting is scheduled for this morning. I have been advised that Karla Thomas has been requested to appear at the meeting to discuss the Comptroller's audit report. Given the Mayor has scheduled a removal hearing involving Karla Thomas, her appearance at this time is inappropriate. The removal hearing, in part, deals with the same audit report. Once the removal hearing has been concluded, Ms. Thomas -will be more than willing to appear before your committee to answer any proper questions: If you have any question, please fee] free to call. Very truly yours, W. James Schwan REFERRED TO THE COMMITTEE ON FINANCE NO 46 D. SMITH - QUESTIONS- CONSERVATION INCENTIVE PROGRAM Dear Ms. Spellman, Recently I met with PUSH Buffalo regarding the Conservation Incentive Program (CIP). After our meeting I have several questions regarding the program. 1. How does the program operate? 2. Does National Fuel place a surcharge on customer's bill to fund the program? 3. Does the Conservation Incentive Program utilize small business, women business and minority business? If not is there an opportunity where I can help you in this utilization? 4. Are there opportunities where government or community based organizations can partner with National Fuel in the implementation of the Conservation Incentive Program? 5. And lastly is it possible that the Conservation Incentive Program can focus on the working poor and families above the poverty line who do not meet or are not eligible for other programs, due to federal poverty income guidelines? I would like to invite you to the next MWBE meeting to discuss small business and MWBE Utilization with the Conservation Incentive Program. Thank you for your attention to this matter. Please contact the office staff or myself at 851 -5145. Sincerely, Demone Smith Masten District Councilmember REFERRED TO THE MINORITY BUSINESS ENTERPRISE SPECIAL COMMITTEE PETITIONS NO 47 M. KNOLL, AGENT, USE 2080 NIAGARA -ERECT GAS STATION (NORTH)(PUB HRG 9/28) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD NO 48 J. POPIELA, AGEM, USE 62 S. ELMWOOD -ERECT POLE SIGN WITH LED SECTION (ELL)(NO PUB HRG) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZONING BOARD APPEALS NO 49 D. BYRD, JR. AND J. GILES, AGENTS, USE 178 WALDEN AVE FOR A HSF (FILL)(NO PUB HRG) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS NO 50 C. CULHANE & O -STOP THE DISMANTLING OF PLAYGROUND LOCATED AT 376 URBAN ST WE THE UNDERSIGNED, TENANTS OF THE URBAN STREET APARTMENTS AT 376 URBAN STREET, CALL ON THE DIRECTOR AND MANAGEMENT OF THE BUFFALO FILLMORE HOUSING AGENCY TO CEASE AND DESIST FROM THE CURRENT PLAN TO DESTROY AND RAZE THE PLAYGROUND ADJACENT TO OUR APARTMENT BUILDING. OUR INFORMATION IS THAT BFH DOES NOT OR CANNOT PAY THE INSURANCE PREMIUM COVERING SAID PLAYGROUND. THIS PLANNED DESTRUCTION OF A COMMON RECREATIONAL AREA FOR TENANTS AND THEIR FAMILIES IS BEING DONE WITHOUT CONSULTATION OR SUGGESTIONS FROM SAID TENANTS. OUR RENT WAS JUST RAISED FOR THE SECOND TIME IN TWO YEARS WITHOUT ANY INPUT OR DISCUSSION FROM TENANTS. TO RAISE RENT AND TAKE AWAY SERVICES AT THIS TIME IS NOT RIGHT NOR ACCEPTABLE. REFERRED TO THE COMMITTEE ON LEGISLATION REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO 51 APPOINT SENIOR ACCOUNTANT- (PERM)(INTER)(FANTON)(COMPT) (CCP# 21, 9/7) Mrs. Russell moved That Communication of 21 of September 7, 2010, be received and Filed and that the Permanent appointment of Richard Fanton, 193 W. Woodside, Buffalo, NY 14220 at the Intermediate Salary of $45,724.00 is hereby approved. PASSED AYES -9 NOES -0 NO 52 APPOINT DIRECTOR OF PARKS & RECREATION (PROV)(FLAT)(SMITH)(PW) CCP# 21, 9/7 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPT NO 53 APPOINT EXTERMINATOR- (PERM)(MAX)(LAVANGO)(PW) (CCP# 43, 9/7) Mrs. Russell moved That Communication of 43 of September 7, 2010, be received and Filed and that the Permanent appointment of Thomas M. Smith, 480 Woodside Avenue, Buffalo, NY 14220 at the Flat Starting Salary of $66,092.00 is hereby approved. PASSED AYES -9 NOES -0 NO 54 APPOINT LEGAL SECRETARY (PERM)(FLAT)(PALMER)(HR) (CCP# 49, 9/7) Mrs. Russell moved That Communication of 49 of September 7, 2010, be received and Filed and that the Permanent appointment of Linda Ganci, 46 Pavonia, Buffalo, NY 14207 at the Maximum Salary of $40,337.00 is hereby approved. PASSED AYES -9 NOES -0 NO 55 APPT DIRECTOR OF COMP & BENEFITS (PERM)(FLAT)(PALMER)(HR) COP# 62, 9/7 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPT NO 56 NOTICES OFAPPOINTMENTS- TEMP /PROV /PERM(CTYCLK) CCP# 73, 9/7 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPT FINANCE (MICHAEL P. KEARNS, CHAIRMAN) NO 67 EMERGENCY CONTRACT FOR CITY POOLS (PW) CCP# 28, 9/7 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT NO 58 SALARY ORDINANCE AMENDMENT DATA CONTROL CLERK (EDPI) COP# 58, 9/7 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT NO 59 J. PAJAK -NYS COMPT TO CONDUCT FEDERAL STIMULUS CLAIMS AUDIT CCP# 84, 9/7 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT NO 60 BUDGET AND PERSONNEL AMENDMENT 65 - PERMITS & INSPECTION SERVICES 1151 -PERMITS (ITEM NO. 114, C,C.P., SEPT. 7, 2010) That the Budget and Personnel Amendment as contained in Item No. 114, C.C.P., September 7, 2010 be and the same hereby is approved. PASSED AYES -9 NOES -0 COMMUNITY DEVELOPMENT (MICHAEL J. LOCURTO, CHAIRMAN) NO 61 REPORT OF SALE- 260 CHANDLER (ITEM NO. 12, C.C.P, SEPT. 7, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the above item be recommitted to the Committee on Community Development ADOPTED NO 62 DISCH CD -CCP #66,12/22-REPORT OF SALE - 74 RICHLAWN (ITEM NO. 8, C.C.P., NOV. 22, 2009) (ITEM NO. 75, C.C.P., MAR. 2, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the offer from Ms. Avionne Akanbi, residing at 4010 Lawrence Avenue, Apt. #701, Scarborough, Ontario, Canada M1 E2R4, in the sum of Six Thousand Dollars ($6,000.00) for the purchase of 74 Richlawn, 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 63 REPORT OF SALE - 290 BOX (ITEM NO. 6, C.C.P., JULY 20, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the offer from Mrs. Dawn Sanders, Executive Director for the Buffalo Municipal Housing Authority, in the sum of Six Thousand and Two Hundred Dollars ($6,200.00) for the purchase of 290 Box, 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 64 REPORT OF SALE - 276 CHELSEA (ITEM NO. 4, C.C.P., MAR. 30, 2010) (ITEM NO. 54, C.C.P., APR. 13, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved that the above item be recommitted to the Committee on Community Development ADOPTED NO 65 REPORT OF SALE - 42 COLORADO (ITEM NO. 5, C.C.P., MAR. 30, 2010) (ITEM NO. 55, C.C.P., APR. 13, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved that the above item be recommitted to the Committee on Community Development ADOPTED NO 66 REPORT OF SALE 1606 JEFFERSON (ITEM NO. 8, C.C.P., OCT. 27, 2009) (ITEM NO. 64, C.C.P., DEC. 22, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved that the above item be recommitted to the Committee on Community Development ADOPTED NO 67 REPORT OF SALE — 14 KEHR (ITEM NO. 7, C.C.P., MAR. 30, 2010)(ITEM NO. 56, C.C.P., APR. 13, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved that the above item be recommitted to the Committee on Community Development ADOPTED NO 68 REPORT OF SALE - 35 WAKEFIELD (ITEM NO. 18, C.C.P., APR. 27, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the offer from Mr. Adrienne Gregoire and Mrs. Eddie Gregoire, residing at 545 Cottage Street, New Bedford, Massachusetts 02740, in the sum of One Thousand and Eight Hundred Dollars ($1,800.00) for the purchase of 35 Wakefield, 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 LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRMAN) NO 69 ASHISH PATEL, REZONE 220 14 STREET, ADDITIONAL PARKING SPACES (ITEM NO. 92, C.C.P., SEPT. 7, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the Common Council of the City of Buffalo does hereby ordain as follows: That that part of the Zoning Ordinances of the City of Buffalo, Section 511 -126 of Article XXV of Chapter 511 as it relates to the use map thereof be amended to show a "C 1" Commercial District rather than a "R -2" Residential District for the premises known as 220 14 Street, and more particularly described as follows: All that tract or parcel of land situate in the City of Buffalo, County of Erie and State of New York, being part of Lot No. 140 of the New York State Reservation, described as follows: Beginning at a point on the southwesterly line of Fourteenth Street one hundred and twenty five (125) feet northwesterly of the northwesterly line of Connecticut Street; running thence northwesterly along said southwesterly line of Fourteenth Street thirty (30) feet; thence southwesterly at an angle 90°05'10 one hundred and forty nine (149) feet; thence southeasterly at right angles to the northwesterly line of Connecticut Street thirty (30) feet; thence southeasterly and parallel with the northwesterly line of Connecticut Street one hundred and forty nine (149) feet to the southwesterly line of Fourteenth Street to the place of beginning. This rezoning shall be effective providing the following conditions are met: That this rezoning shall not be effective unless and until a certified copy thereof has been filed by the petitioner in the offices of the Erie County Clerk's Office and proof of such filing is submitted to the City Clerk's Office. That this rezoning will not be effective until such conditions as set by the City Planning Board are met. That this Common Council finds this action to be a Type II Action under §617.4(b)(3) o the S.E.Q.R. Act such that no further environmental review is required under said Act. PASSED AYES -9 NOES -0 NO 70 D. SALEMI, PETITION TO USE 1177 ABBOTT - FREE STANDING LED SIGN (ITEM NO. 93, C.C.P., SEPT. 7, 2010) That after the public heating before the Committee on Legislation on September 14, 2010, the petition of D. Salemi, owner, for permission to use 1177 Abbott for a L.E.D. pole sign be, and hereby is approved. PASSED AYES -9 NOES -0 NO 71 USED CAR DEALER - 407 SOUTH PARK AVENUE (ITEM NO. 57, C.C.P., SEPT 7, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That pursuant to Chapter 254 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Used Car Dealer license to Abdulhafed Khulaqi & Okbah Alyafal located at 407 South Park, d /b /a Mid City Auto on the condition that no more than five (5) vehicles be displayed on premises at any one time. PASSED AYES -9 NOES -0 NO 72 R. ALLEN - CONCERNS ROOSEVELT POOL ( #74, 9/7) That the above item be the same and herby is Received and Filed. ADOPTED NO 73 DESIGNATE 394 AND 396 HERTEL AVE AS A RAPP LOT ( #106, 9/7) That the above item be the same and herby is Received and Filed. ADOPTED NO 74 LODGING HOUSE LICENSE -541 WALDEN (FILL)(EDPI) (#41, 5/11) Mr. Golombek moved that the above item be recommitted to the Committee on Legislation. ADOPTED RESOLUTIONS NO 75 BY COUNCIL MEMBER JOSEPH GOLOMBEK, JR. DISCHARGE LEGISLATION COMMITTEE FROM CONSIDERATION OF THE FOLLOWING ITEM: "FOOD STORE LICENSE (NEW) -322 NORTHLAND" (NO 83, C.C.P. JULY 20, 2010) Whereas The above item is currentb7 in the Legislation Committee; and It is no longer necessary for this item to be considered by that committee; Now, Therefore Be It Resolved: That this Common Council does hereby discharge the Legislation Committee from further consideration of Item No 83, C.C.P. July 20, 2010, "Food Store License (New) -322 Northland "and said item is now before the Common Council for its consideration. ADOPT DISCHARGE APPROVE PASSED AYES -9 NOES -0 NO. 76 BY DR. CURTIS HAYNES JR. AND MICHAEL P. KEARNS IMPLEMENT USE OF THE SHARED ASSET FORFEITURE FUND Whereas: On October 31, 2006, the Common Council enacted a change to the City Charter which became effective on November 14, 2006 and thereby created the Shared Asset Forfeiture Fund (SAFF); and Whereas: Within this legislation, the Common Council decreed that the SAFF would be administered by the City of Buffalo Department of Police and utilized to provide financial support to private, not -for- profit, and community based organizations, for programs associated with law enforcement, crime abatement, and drug and alcohol abuse prevention, that improve the safety, betterment, and physical well being of youth within the City of Buffalo; and Whereas: Within this same legislation, the Common Council also established the Shared Asset Forfeiture Fund Advisory Board (SAFFAB), which is comprised of five (5) members: the Commissioner of Police who serves ex- officio, two Mayoral appointments and two Common Council appointments, with such appointments subject to confirmation by the Common Council; and Whereas: The Common Council subsequently approved the appointments of Danielle Judge- Johnson and Monique Williams as its representatives to the SAFFAB, for terms which expire on December 31, 2010; and Whereas: The Council's appointments, together with the Commissioner of Police, constitute a quorum thus enabling the SAFFAB to meet and conduct business pursuant to the requirements of the enabling legislation; and Whereas: Despite the requirements of the City Charter which mandate annual meetings by the SAFFAB and the annual disbursement of monies accumulating within the fund, the sponsors of this resolution are unaware of any funds having been disbursed since the SAFF inception nor of any SAFFAB meetings having been conducted, thus resulting in the accumulation of in excess of $186,000 within the SAFF; and Whereas: The recent spate of killings and violence within the City has brought residents, business owners and law enforcement together in an effort to bring attention to, and call for more, anti -drug and anti - violence measures to be instituted to protect our community from such carnage; and Whereas: The City. currently has resources within the SAFF which could be used for more intensive anti -drug and anti - violence programs for our city's youth. Now Therefore Be It Resolved, That this Honorable Body hereby requests of the Commissioner of Police, that he immediately convene a meeting of the SAFFAB to comply with City Charter requirements and that he furnish to this Common Council, the information listed in Article VII; and Be It Further Resolved That: That this Honorable Body hereby request of the Mayor, that he appoint two members to the SAFFAB and to file said information with this Common Council to facilitate the Council's confirmation of said appointments in accordance with City Charter requirements; and Be It Further Resolved That: That this Honorable Body does hereby request of the City Comptroller, that he furnish to this Common Council, the information listed in Article VII; and Be It Further Resolved That: This Honorable Body does hereby request of the SAFFAB, that they fully comply with the requirements and the spirit and intent of City Charter Article VII - Shared Asset Forfeiture Fund sub - sections 16 -24 through 16 -31; and Be It Finally Resolved That: This Honorable Body does hereby request of the SAFFAB, that when discharging their duties and responsibilities as articulated in the City Charter, that they immediately determine the policies and procedures for disbursing SAFF funds to deserving community organization and that such actions be reported to this Honorable Body as required by Article VII of the City Charter. ADOPT RESOLVES THE REMAINDER REFERRED TO THE COMMITTEE ON FINANCE NO. 77 BY MR. KEARNS AMEND ARTICLE 18 BOARDS AND COMMISSIONS OF THE CITY CHARTER, SECTION 18 -2 MEETINGS. Whereas: This Common Council has a policy of conducting its meeting and deliberations in public and in full compliance with the NYS Open Meetings Law in an effort to provide transparency in operations and decision making for the benefit of all concerned, and especially the taxpayers, business owners and residents of the City who are most affected by the Council's actions; and Whereas: This Honorable Body both verbally and by previous resolution, has called upon all other City Governing Boards as well as the Governing Boards of all allied City Agencies, to conduct their meeting within Common Council Chambers to enable such meetings to be held in a central and convenient location, and to enable their taping and playback on the City's CATV government channels at little or no cost given the investment the Council and the City have undertaken in their telecommunication capabilities; and Whereas: This Council has not seen any action being taken by any of the City Boards or those of its allied City agencies to comply with these requests or to meet their spirit and intent; and Whereas: The Common Council has within its powers the discretion to amend the City Charter to compel outcomes and actions, especially those of its duly constituted Board and allied agencies. Now Therefore Be It Resolved: That this Common Council hereby requests of the City's Law Department that they submit forthwith, an amendment to City Charter Section 18 -2 that would impose a Charter requirement on all duly constituted City Boards that upon passage of an enabling charter amendment, that they would be required to conduct all of their Governing Board and committee meetings in Common Council Chambers and in compliance with the requirements of New York State's Open Meetings Law, and Be It Further Resolved: That such amendment to the City Charter, also impose on the Department of Public Works, Telecommunication Function, that they record such meetings for playback at routine intervals on the City's CATV Government channels; Be It Finally Resolved: That the City Law Department advise this Common Council in writing of the steps necessary to compel the Governing Boards of allied City agencies such as but not limited to the Buffalo Sewer Authority, the Buffalo Municipal Housing Authority, the Buffalo Urban Renewal Agency, the Buffalo Water Board, the Buffalo Municipal Water Finance Authority, etc., to hold their Governing Board meeting in Common Council chambers for the reasons listed herein. ADOPT RESOLVES THE REMAINDER REFERRED TO THE COMMITTEE ON LEGISLATION NO. 78 BY: MR. KEARNS ORDINANCE AMENDMENT CHAPTER 337, PRESERVATION STANDARDS The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 337 of the Code of the City of Buffalo be amended to read as follows: ARTICLE I Purpose; Definitions (§ 337 -1 -- § 337 -2) § 337 -1 Purpose. A. It is hereby declared as a matter of public policy that preservation, protection, conservation, enhancement, perpetuation and utilization of sites, buildings, improvements and districts of special character, historical or aesthetic interest or value are necessary and required in the interest of the health, education, culture, prosperity, safety and high quality of life of the people. B. The purpose of this Preservation Code is to: (1) Promote the intellectual, cultural and general welfare as well as the economic well -being of the people of the City. (2) Safeguard the City's history and heritage as embodied and reflected in its landmarks, landmark sites and historic districts. (3) Preserve, protect, perpetuate and utilize landmarks, landmark sites, historic districts, neighborhoods, areas, places, buildings, structures and improvements which have a distinctive character or are of historic, aesthetic, architectural, archeological or cultural interest or value to this City, state or nation. (4) Stabilize and improve property values in the City. (5) Avoid demolition of historically or architecturally important properties. (6) Enhance the visual and aesthetic character, diversity and distinctiveness of the City. (7) Enhance the City's attraction for residents, visitors, tourists and prospective residents. (8) Preserve the economic and architectural integrity of vacant or underutilized landmark properties by means of substantial rehabilitation and adaptive reuse. § 337 -2 Definitions. The following terms and phrases shall mean and include: ADAPTIVE REUSE Conversion of a building originally designed for a certain purpose to a different purpose. ALTER To change one or more exterior architectural features of a landmark, an improvement on a landmark site or a structure within an historic district. BUILDING Any structure or part thereof having a roof supported by columns or walls for the shelter or enclosure of persons or property. CERTIFICATE OF APPROPRIATENESS A certificate issued by the Preservation Board or the Common Council approving plans for alteration, construction, relocation. removal or demolition of a landmark, an improvement on a landmark site or a structure within an historic district. CERTIFICATE OF EXCEPTION A certificate issued by the Preservation Board or the Common Council approving plans for alteration, construction, removal or demolition of a landmark, an improvement on a landmark site or a structure in an historic district where these plans do not meet the standards for a certificate of appropriateness. CERTIFICATE OF NO EFFECT A certificate issued by the Preservation Board or its Secretary indicating that proposed plans having no effect on the exterior of a landmark, an improvement on a landmark site or a structure within an historic district and that a certificate of appropriateness is not required. CONSTRUCTION Building an addition to an existing structure or building a new principal or accessory structure. DEMOLITION Destruction of a building, structure or improvement. DESIGN GUIDELINE A standard of appropriate activity that will preserve the historic, aesthetic, cultural and architectural character of a structure or area. EXTERIOR Architectural style, design, general arrangement and components of the outer surfaces of an improvement, building or structure as distinguished from the interior surfaces enclosed by said outer surfaces, including but not limited to the kind and texture of building material and the type and style of windows, doors, lights, signs and other such exterior fixtures. HISTORIC DISTRICT A geographically definable area, so designated pursuant to this code, or previously designated pursuant to the Landmark Code, which possesses a significant concentration, linkage or continuity of sites, buildings, structures or objects united historically by past events or united aesthetically by plan or development. An "historic district' may also comprise individual elements, separated geographically, but linked by association or history. IMPROVEMENT Any building, structure, place, parking facility, fence, gate, wall, work of art or other object constituting a physical betterment, or any part thereof. LANDMARK Property, object or structure, or any part thereof so designated pursuant to this code or previously designated pursuant to the Landmark Code. LANDMARK SITE A parcel or part thereof: A. On which is situated a landmark, and any abutting parcel or part thereof used and constituting part of the premises on which the landmark is situated; or B. Which has been designated as a "landmark site" pursuant to the provisions of this code or previously designated pursuant to the Landmark Code. LOCAL HISTORIC MARKER A historic marker describina the history of a location or a structure without affectina— said location or structure landmark status or subiectina to it anv additional restrictions. but which provides a brief history of the location for informational purposes only. OWNER A person, firm or corporation which owns the fee of property or a lesser estate therein, a mortgage or vendee in possession, a receiver, an administrator, an executor, a trustee or any other person, firm or corporation in control of property. PRESERVATION Retention of essential character of an improvement, object, building or structure as embodied in its existing form, integrity and material. This term includes the retention of the trees and vegetative cover of a site. This term may include temporary stabilization work as well as on -going maintenance of historic building materials. PRESERVATION BOARD OR BOARD The Buffalo Preservation Board. PROPERTY Land and improvements thereon. RECONSTRUCTION Reproduction of the exact form and detail of a vanished building, structure, improvement or part thereof, as it appeared at a specific time. REHABILITATION Repair or alteration that enables buildings, structures or improvements to be efficiently utilized while preserving those features of buildings, structures or improvements that are significant to their historic, architectural and cultural values. RESTORATION Recovery of the form and details of a building, structure or improvement and its site during a particular time. SITE A plot or parcel of land. STRUCTURE Anything constructed or erected which requires permanent or temporary location on the ground or attachment to something permanently attached to the ground. This term shall include but not be limited to buildings, walls, fences, signs, billboards, lighting fixtures, screen enclosures, works of art and electronic transmission or reception devices. ARTICLE II Preservation Board (§ 337 -3 -- § 337 -5) § 337 -3 Reconstitution; membership; terms; vacancies; compensation. A. There is hereby reconstituted the Buffalo Preservation Board, which shall consist of 11 members, each of whom shall have demonstrated a known interest in the history or architecture of the City of Buffalo. B. Membership. (1) Nine members of the Board shall be residents of Buffalo to be appointed by the Common Council or the Mayor as hereinafter provided. They may be selected from a list of nominees solicited by the Secretary of the Board from interested groups or organizations and reviewed by the Board. The Secretary shall transmit these nominees to the Mayor or Common Council. (a) The Mayor shall appoint six members of the Board, subject to confirmation by the Common Council: [1 ] Three members, one from each of the following fields: architecture, architectural history and real estate. The Mayor -shall designate one of these initial appointees for a one -year term, one for a two -year term and one for a three -year term. [2] One member from any of the following fields: architectural history, historic architecture, planning, archaeology, landscape architecture or historic preservation or closely related discipline. The initial appointee shall serve a one -year term. [3] Two members chosen from the City at large. The Mayor shall designate one of these appointees to serve a two -year term and one to serve a three -year term. (b) The President of the Council shall appoint three members, as follows: [1 ] One member from a downtown historic district shall live, work or own property within the district to serve an initial two -year term. "Downtown" is defined as that tract or land bounded by Edward Street and Goodell Street on the north, Michigan Avenue on the east, the Buffalo River on the south and the Skyway and Elmwood Avenue on the west. [2] One member from a predominantly residential historic district who shall live, work or own property within the district who shall serve an initial three -year term. [3] One member from any other historic district who shall live, work or own property in the district who shall serve an initial one -year term. (2) The two remaining members of the Board shall be the director of the Buffalo and Erie County Historical Society or his designee and the president of the Landmark Society of the Niagara Frontier or his designee. C. All subsequent appointments shall be for three -year terms. In the event of a vacancy, the vacancy in the unexpired term shall be filled in the same manner as the original appointment. Members may not serve for more than two consecutive full terms except that the aforementioned director and president or their designees shall serve during their terms of office. Members shall continue to hold office until the appointment of a successor. Members shall serve without compensation but may be reimbursed for expenses related to their duties. No member shall be an officer or employee of the City of Buffalo or of any related agency. § 337 -4 Officers; staff; procedures. A. Officers: Chairman, Vice Chairman. The Preservation Board shall elect from its membership a Chairman and Vice Chairman who shall each serve a term of one year and shall be eligible for reelection. However, no member shall serve as Chairman for more than two consecutive years. The Chairman shall preside over meetings. In the absence of the Chairman, the Vice Chairman shall perform the duties of the Chairman. If both are absent, a temporary Chairman shall be elected by those present. B. Staff: Secretary. The Commissioner of Community Development of the City of Buffalo shall assign a Secretary to the Preservation Board, who shall serve without voting power (hereinafter referred to as the "Secretary"). The Secretary shall be responsible for duties enumerated under this code and such other duties that may be assigned by the Preservation Board. The Secretary shall maintain a record of all resolutions, proceedings and actions of the Preservation Board. The records of the Preservation Board shall set forth every determination made by the Preservation Board and the vote of every participating member and the absence of or failure to vote of every member. The proceedings of the Preservation Board shall be a matter of public record. The records of the Preservation Board shall be filed in the Secretary's office. The Secretary shall furnish a copy of the minutes of each meeting to each member of the Preservation Board and shall prepare an agenda for each meeting. The Secretary shall be responsible for proper public identification of landmarks, landmark sites and historic districts on a landmark and historic district map. C. Procedures. (1) A quorum shall consist of a majority of the members. All decisions or actions of the Preservation Board shall be made by a majority vote of the full membership. (2) Meetings shall be held at regularly scheduled times to be established by the Preservation Board at the beginning of each calendar year or at any time upon the call of the Chairman. All meetings of the Preservation Board and its advisory committees shall be open to the public. (3) NO member of the Preservation Board shall vote on any matter materially or apparently affecting the property, income or business interest of that member. § 337 -5 Powers and duties. The Preservation Board shall have the following powers and duties: A. To adopt such bylaws, rules and regulations as the Preservation Board deems necessary to carry out its responsibilities, consistent with the Code of the City of Buffalo, subject to the approval of the Common Council. B. To conduct an ongoing survey and inventory of historically and architecturally significant properties, structures and areas that exemplify the cultural, social, economic, political or architectural history of the nation, state or City. C. To document, propose, review and propose modifications, with due consultation with the applicant, and act on the designation of landmarks, landmark sites and historic districts in accordance with the purposes of this Preservation Code. D. To develop and promulgate appropriate standards and guidelines to assist property owners in preservation, restoration, rehabilitation and reconstruction of landmarks, landmark sites and properties within historic districts and the design of contemporary structures within historic districts. E. To prepare and update preservation plans to guide the preservation and future development of landmarks, landmark sites and historic districts. F. To approve or disapprove certificates of no effect, certificates of appropriateness or certificates of exception for the erection, alteration, restoration, renovation, relocation, demolition or site improvement of any landmark, landmark site or of any building, structure or site within an historic district when the exterior of such property would be affected. G. To advise and assist owners of landmarks, landmark sites and property or structures within historic districts on physical and financial aspects of preservation, renovation, rehabilitation and adaptive reuse of their property. H. To advise and assist other City departments on matters pertaining to historic preservation. I. To nominate landmarks, landmark sites and historic districts to the National Register of Historic Places and review and comment on any national nomination submitted to the Preservation Board. J. To advise the Common Council concerning acceptance, acquisition, option, purchase and administration of property, development rights and easements pertaining to the purposes of this Preservation Code. K. To apply for, accept and expend grants and funds for goods and services from private and public sources. L. To increase public awareness and broaden knowledge of the value of historic architecture and cultural preservation within the City. M. To establish advisory committees to advise and assist the Preservation Board in achieving the purposes of this code. Advisory committees shall perform such advisory duties and functions as the Preservation Board deems appropriate. Committee' members need not be members of the Preservation Board. Members will be appointed by the Chairman and serve at the pleasure of the Preservation Board. N. To undertake any other action or activity necessary or appropriate for the execution of its powers and duties or to further the purpose of this code. ARTICLE III Designation of Landmarks and Districts (§ 337 -6 -- § 337 -16) § 337 -6 Application. Any person, group of persons or association may request designation of a landmark, landmark site or an historic district by submitting an application for designation on a form furnished by the Preservation Board to the Secretary of the Preservation Board. The Preservation Board may also initiate proceedings for designation of a landmark, landmark site or historic district. § 337 -7 Public hearing by Board. A. The Preservation Board shall schedule a public hearing not more than 60 days after receipt of a completed application for designation of a landmark, landmark site or an historic district. B. Notice to owners. The owner of any parcel on which a proposed landmark or landmark site is situated or which is part of a proposed historic district shall be given notice of said public hearing relating to the designation of such proposed landmark, landmark site or historic district, the amendment to any designation thereof or the proposed recession of any designation. Such notice shall be mailed by the Secretary at least 10 days prior to the scheduled hearing and shall be addressed to the owners as their names and addresses appear in the records of the Department of Assessment in the City of Buffalo. C. Publication. The Secretary shall publish a notice of public hearings to be held by the Preservation Board in an official newspaper or a newspaper of general circulation at least once 10 days before said hearings. § 337 -8 Report and recommendation of Board. A. The Preservation Board shall, within 90 days of receipt of a completed application form, take its final action thereon, which shall be in the form of a recommendation to the Common Council. The recommendation may limit itself to the landmark, landmark site or historic district as described in the application or may include modifications thereto. Within 10 days of its adoption by the Board, its written recommendation shall be filed in the offices of the Director of the Division of Planning and the City Clerk. The recommendation shall be accompanied by a report containing the following: (1) Explanation of the significance or lack of significance of the nominated landmark, landmark site or historic district as it relates to the criteria for designation. (2) Explanation of the integrity or lack of integrity of the nominated landmark, landmark site or historic district. (3) The relationship of the nominated landmark, landmark site or historic district to the on -going effort of the Preservation Board to identify and nominate all potential areas and structures that meet the criteria for designation. (4) A map showing the location and boundaries of the nominated landmark, landmark site or historic district. B. Said recommendation and report shall be made available for public inspection in the City Clerk's office and in the office of the Secretary. § 337 -9 Referral to Committee on Legislation. The City Clerk shall cause the Preservation Board's recommendation and report to be presented to the Common Council at its next stated meeting. The Common Council shall refer the recommendation and report to its Committee on Legislation. § 337 -10 Public hearing by Committee. A. The Committee on Legislation shall hold a public hearing thereon not more than 60 days after receipt of the recommendation and report, except that the Common Council may, upon consent of the owner, waive the public hearing when an individual landmark or landmark site is being considered. B. Notice to owner. The owner of any site on which a proposed landmark or landmark site is situated or which is part of a proposed historic district shall be given notice of said public hearing relating to the designation of such proposed landmark, landmark site or proposed historic district the amendment of any designation thereof or the proposed recession of any designation. Such notice by the City Clerk shall be served by mail at least 10 days prior to the scheduled hearing, addressed to the owner at his last known address as it appears in the records of the Department of Assessment of the City of Buffalo and as provided to the City Clerk by the Board. C. Published notice. The City Clerk shall also give notice of the public hearing by publication in an official newspaper or a newspaper of general circulation at least once and at least 10 days immediately prior to the hearing. § 337 -11 Action by Committee. Within 30 days of the public hearing required herein, the Committee on Legislation shall take action upon the recommendation and report of the Preservation Board and shall transmit same to the Common Council. The Committee may approve, disapprove or modify a designation. However, if a designation is modified, the Committee shall hold an additional public hearing prior to approval thereof. § 337 -12 Final determination. The Common Council may approve or disapprove the designation of a proposed landmark, landmark site or historic district and shall set forth its specific reasons for approval or disapproval. § 337 -13 Recording of designation. Upon designation of a landmark, landmark site or historic district, the Secretary shall file a description of said landmark, landmark site or historic district with the City Clerk, the Director of the Division of Planning and the Department of Public Works, who shall record same on appropriate maps. A description or map of said landmark, landmark site or historic district shall also be filed in the office of the Erie County Clerk by the Corporation Counsel in such form and manner as shall best provide notice to prospective buyers of affected property. § 337 -14 Amendment or rescission of designation. Designation of landmarks, landmark sites and historic districts may be amended or rescinded in the manner in which created. § 337 -15 Criteria for designation. A. The Preservation Board shall, upon such investigation as it deems necessary, make a determination as to whether a proposed landmark, landmark site or historic district meets one or more of the following criteria: (1) It has character, interest or value as part of the development, heritage or cultural characteristics of the City, state or nation. (2) Its location is a site of a significant local, state or national event. (3) It exemplifies the historic, aesthetic, architectural, archaeological, educational, economic or cultural heritage of the City, state or nation. (4) It is identified with a person or persons who significantly contributed to the development of the City, state or nation. (5) It embodies distinguishing characteristics of an architectural style valuable for the study of a period, type, method of construction or use of indigenous materials. (6) It is the work of a master builder, engineer, designer, architect or landscape architect whose individual work has influenced the development of the City, state or nation. (7) It embodies elements of design, detailing, materials or craftsmanship that render it architecturally significant. (8) It embodies elements that make it structurally or architecturally innovative. (9) It is a unique location or contains singular physical characteristics that make it an established or familiar visual feature within the City. B. Any structure, property or area that meets one or more of the above criteria shall also have sufficient integrity of location, design, materials and workmanship to make it worthy of preservation or restoration. ARTICLE IV Construction, Alteration, Removal or Demolition (§ 337 -16 § 337 -26) § 337 -16 Required certificates and permits. A. Certificate required and building permit required. It shall be unlawful for any person, firm or corporation to construct, alter, remove or demolish any improvement or structure which is a landmark, part of a landmark site or which is located in an historic district when such action will affect the exterior of such property without having first obtained a certificate of appropriateness or a certificate of no effect or a certificate of exception authorizing such work. B. Building permit required, but no certificate required. Building permit applications for construction, alteration, removal or demolition involving any improvement or structure which is a landmark, part of a landmark site or which is located in an historic district when such action will not affect the exterior of such property do not require a certificate of appropriateness, a certificate of no effect, a certificate of exception or Board review. In such instances, the Department of Public Works shall stamp the building permit "Please note that an additional permit is required if exterior work is undertaken." C. Certificate required, but no building permit required. In a case where no building permit is required, application for permission to construct, alter, remove or demolish landmarks, improvements on landmark sites or structures within historic districts shall be made directly to the Preservation Board. § 337 -17 Display of certificate. A copy of the certificate as required herein shall be prominently displayed at the site during the execution of the work regulated hereunder. The Department of Public Works shall not issue building or demolition permits unless and until a certificate as required by this chapter shall been issued. § 337 -18 Referral to Preservation Board. - The Department of Public Works shall, within seven days of receipt, refer all building and demolition permit applications for work requiring a certificate hereunder, including the accompanying plans and specifications, involving landmarks, improvements on landmark sites or structures within historic districts to the Preservation Board for its action. § 337 -19 Review by Board. A. The Preservation Board shall consider properly completed applications at the regularly scheduled meeting following their filing and shall approve or deny all applications at the earliest possible date, but no longer than within 45 days. B. The Preservation Board may, in its discretion, hold a public hearing on any application before it. Such hearing shall be preceded by notice to the applicant mailed at least 10 days prior to the hearing and publication of the notice of hearing in a newspaper of general circulation at least 10 days prior to the hearing. The holding of such public hearing shall not extend the forty- five -day period in which the Preservation Board must act. C. An applicant may meet with the Secretary at any time during the review of his application. § 337 -20 Criteria for review. A. In considering an application for permission to construct, alter, remove or demolish any improvement or structure which is a landmark, part of a landmark site or which is located in an historic district, the Preservation Board shall be guided by the current edition of the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings as general criteria. A copy of this publication is accessible to the public in the office of the Secretary. B. In addition, the Preservation Board may adopt design guidelines for the review of applications for each landmark, landmark site or historic district. These design guidelines, subject to the approval of the Common Council, shall not be inconsistent with the current edition of the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings and shall encompass the following architectural criteria: (1) Height. The height of any proposed alteration or construction should be compatible with the style and character of the landmark and with surrounding structures in an historic district. (2) Proportions of windows and doors. The proportions and relationships between doors and windows should be compatible with the architectural style and character of the landmark and with surrounding structures within an historic district. (3) Relationship of building masses and spaces. The relationship of a structure within an historic district to the open space between it and adjoining structures should be compatible. (4) Roof shape. The design of the roof should be compatible with the architectural style and character of the landmark and surrounding structures in an historic district. (5) Landscaping. Landscaping should be compatible with the architectural character and appearance of the landmark and of surrounding structures and landscapes in historic districts. (6) Scale. The scale of the structure after alteration, construction or partial demolition should be compatible with its architectural style and character and with surrounding structures in an historic district. (7) Directional expression. Facades in historic districts should relate to other structures with regard to directional expression. Structures in an historic district should be compatible with the dominant horizontal or vertical expression of surrounding structures. The directional expression of a landmark after alteration, construction or partial demolition should be compatible with its original architectural style and character. (8) Architectural details. Architectural details, including materials, colors and textures, should be treated so as to make a landmark compatible with its original architectural style and character and to preserve and enhance the architectural style or character of a landmark, landmark site or historic district. § 337 -21 Certificate of appropriateness. A. The Preservation Board may issue a certificate of appropriateness for work where the plans for construction, alteration, removal or demolition conform to the provisions of this code and to design guidelines adopted in accordance with this code. B. Written notice of the Preservation Board's decision shall be provided the applicant and the Department of Public Works within seven days of the decision. If approved, the certificate of appropriateness shall accompany the notice. C. In case of a denial of an application, the Preservation Board shall state the reasons therefore and shall make recommendations concerning changes in the applicant's proposed action that would be grounds for reconsideration of the application. An applicant may amend an application or reapply at any time. § 337 -22 Certificate of no effect. Where it is determined by the Preservation Board that proposed plans contained in an application have no effect upon the exterior of a landmark, an improvement on a landmark site or a structure within an historic district, it shall issue a certificate of no effect. The Preservation Board may delegate to the Secretary the authority to approve and issue a certificate of no effect. Written notice of the issuance of a certificate of no effect shall be provided the applicant and the Department of Public Works within seven days of the decision, which shall be accompanied by the certificate. § 337 -23 Certificate of exception. A. The Preservation Board shall have the power to vary or modify adherence to the standards and criteria of this code and issue certificates of exception in lieu of the certificates otherwise required herein. This power may be exercised by the Preservation Board where, by reason of particular" site conditions and restraints or unusual circumstances relating solely to a particular applicant, strict enforcement of this code would result in undue hardship to the applicant. The applicant shall have the burden of proving undue hardship. B. An applicant seeking to prove undue hardship shall prove the following facts: (1) Reasonable return. The land or improvement in question cannot yield a reasonable return without the requested construction, alteration, removal or demolition in the case of commercial or business properties or properties held for investment purposes. (2) Unsuited for reasonable use. The land or improvement in guest ion cannot be put to a reasonable use without the requested construction, alteration, removal or demolition, in the case of residential properties. (3) Prevention of purpose. The land or improvement in question, without the requested construction, alteration, removal or demolition, may not be used without physically or financially preventing or seriously interfering with the carrying out of the charitable purpose in the case of properties held for charitable, religious or nonprofit purposes. C. In granting a certificate of exception, the Preservation Board shall limit variation or modification of the code to the minimum required to effect substantial justice and may prescribe conditions that it deems necessary or appropriate. The Preservation Board shall provide written notice of the grant of the certificate of exception to the applicant and to the Department of Public Works within seven days of its decision which shall be accompanied by the certificate. § 337 -24 Demolition or removal. A. Where an application to the Preservation Board seeks approval of demolition or removal of a landmark, improvement on a landmark site or a structure within an historic district, the Board shall evaluate the application in accordance with the provisions set forth in this code. Where the Board denies permission to commence immediate demolition, it is empowered to make determinations that the structure or improvement sought to be demolished or removed is of such importance that alternatives to demolition should be pursued and that a hardship under § 337 -23 exists. Where these determinations are made, the Preservation Board may delay demolition for a maximum period of 180 days after the initial forty - five -day period provided by § 337 -19 herein. In cases where these determinations are not made, no automatic right of demolition shall exist. B. During any such period, the Board may take such steps as it deems necessary to avoid demolition of the structure or improvement, including but not limited to preparation, publication and receipt of requests for proposals; solicitation of prospective developers; consultation with civic groups, public agencies and interested citizens; and recommendations for acquisition of the property by others. C. In the event that the Board refuses to approve demolition during or after this period of delay, occasioned by the Board's findings of hardship and architectural importance set forth in Subsection A, the applicant may appeal the Board's action to the Common Council. The Common Council shall issue the appropriate certificate for demolition either at the end of the delay period or within 60 days of the filing of the appeal, whichever is later. D. In the event that the Board refuses to approve demolition but does not find hardship and architectural importance, any appeal to the Common Council shall be in accordance solely with § 337- 26 herein. E. During any such period, the owner shall prevent further deterioration of the structure or improvement, and the owner shall act in good faith and shall allow the Board reasonable access to the structure and improvement, and permit reasonable inspection of the information about the structure or improvement, if requested by the Board. F. The Preservation Board will conduct public hearings for all properties in locally designated or nationally registered historic districts, local landmarks, properties listed in the National Register for Historic Places and national historic landmarks. (1) Notice and hearing. The Preservation Board shall publish a notice in a newspaper of general circulation in the City of Buffalo, setting forth the name of the applicant, the location and owner of the property, and the time and place of a public hearing to be held by the Preservation Board on no sooner than five business days after the day of publication. Upon an application for a demolition permit, the Preservation Board shall also serve 10 days' notice of the time, place and object of such hearing upon all owners and occupants of properties having a frontage on both sides of the public highway or highways within 300 feet in both directions along such highway or highways from the nearest side line, or nearest side line extended, of the premises to be demolished and also upon the owners and occupants of all properties located within 50 feet of the rear or side line of any premises to be demolished. Such notice shall also indicate that the demolition permit application is available for public inspection at the Preservation Board's office prior to such hearing. The Preservation Board shall make available for public inspection prior to such hearing the demolition permit application. (2) Public hearings may also be had for properties that come to the attention of the Preservation Board which could be deemed significant and worthy of preservation after applying the criteria for review as provided in § 337 -20 of the Code. § 337 -24.1 Adaptive reuse agreements. A. Recommendation. (1) Under conditions described in this section, the Preservation Board may recommend that certain buildings be substantially rehabilitated for adaptive reuse in accordance with an agreement. (a) The Board has determined that a building sought to be demolished is of such architectural or historical significance that alternatives to demolition should be pursued as set forth in § 337 -24 despite findings of undue hardship under § 337 -23; or (b) An application for a permit to demolish a landmark otherwise referred to the Board under the provisions of this chapter is denied or delayed due to a determination of architectural or historical significance despite findings of undue hardship. (2) Recommendation for adaptive reuse may be made upon an application of a vendee under a contract of sale, owner or other party in interest of such building where the applicant can demonstrate hardship as set forth in § 337 -23, but in no case shall such application alone constitute proof of undue hardship. B. Notice. A recommendation for adaptive reuse shall take the form of written notice to be provided the applicant and the relevant governmental enforcement agency (the Department of Public Works or the Department of Inspections and Community Revitalization) within seven days of a denial or delay of demolition and shall stay any appeal otherwise pending before the Common Council. C. Action upon recommendation. In consultation with the applicant and with the assistance of the Department of Community Development, the Division of Planning, the Department of Assessment and the Board shall endeavor to devise a plan for adaptive reuse in accordance with preservation standards. As provided (documented) in an appraisal acceptable to the Department of Community Development, such plan shall provide for substantial rehabilitation which shall improve the building in an amount of at least twice the prerehabilitation assessment value of the property upon which such building is situate. D. Compensation. The Council shall review said recommendations and may provide as compensation an abatement of local real property taxes which shall in no case exceed 50% of the total postrehabilitation assessment value for duration not to exceed 20 years. Such compensation shall at all times be calculated as a portion of total postrehabilitation tax liability and shall in no case result in a negative tax liability. E. Execution. Upon certification by the Department of Community Development, approval of the Common Council and agreement of the applicant, an adaptive reuse plan above described shall be binding upon the applicant and subsequent owners to maintain the property upon which such building is situate in accordance with all terms, conditions and specifications of such plan and shall expressly provide that every deed conveying the property or any part or portion thereof shall contain a covenant incorporating all terms and conditions of the agreement. Such covenant shall continue for the duration of the agreement as stated herein and may exceed but in no case be less than the certified and approved schedule of abatement of local real property taxes provided in the agreement. Such agreement shall be in a form recordable among the land records of the County of Erie and shall be recorded and filed by the City at the applicant's expense in the office of the Erie County Clerk, and such duly approved, recorded and filed agreement shall take effect on the next taxable status date following the issuance of a certificate of occupancy. F. Rescission. Landmark designation of any building rehabiiitated and maintained in accordance with an adaptive reuse agreement shall in no case be rescinded prior to the expiration of the term of any compensation certified and approved in the manner herein provided. The duration of any abatement herein certified and approved shall be contingent upon continued compliance with all conditions of the adaptive reuse agreement providing such compensation. G. Regulations in accordance with the intent of this chapter may be issued pursuant to § 337 -5A to provide for the administration of this section. § 337 -25 Deviations. Any notice or certificates issued pursuant to this code shall relate solely to proposed plans accompanying the application or otherwise submitted for the Preservation Board's consideration. It shall be unlawful to deviate from the proposed plans or any modifications required thereto as approved by the Preservation Board. § 337 -26 Appeals. A. Jurisdiction. The Common Council shall have jurisdiction to decide all appeals from action of the Preservation Board brought by aggrieved applicants. B. Procedure. All such appeals shall be fixed with the City Clerk, who shall cause the appeals to be presented to the Common Council at its next stated meeting. The Common Council shall refer such appeals to the Committee on Legislation. The Committee shall set the matter down for a public hearing, as provided in §§ 337 -6 through 337 -14 herein, unless such hearing is waived by consent of the applicant. After hearing the parties, the Committee shall recommend to the Common Council the action to be taken. C. Determination. The Committee shall forward its recommendation to the Common Council, which may affirm, reverse, modify or amend the Preservation Board's recommendation within 60 days of the date of the filing of the appeal. The Common Council shall set forth its reasons for such action. ARTICLE V Additional Provisions (§ 337 -27 -- § 337 -32) § 337 -27 Ordinary maintenance and repair. A. Nothing in this code shall be construed as preventing the ordinary maintenance or repair of any landmark, improvement on a landmark site or structure in an historic district which does not involve a change of design or material or other exterior effect and which does not require a building permit. B. Every owner, operator or agent of a landmark, landmark site or structure in an historic district shall keep in good repair all portions of such improvements which, if not so maintained, may cause the exterior portions of such improvements to deteriorate, decay or become damaged or otherwise fall into a state of disrepair. § 337 -28 Dangerous conditions. A. Official order. Where a governmental enforcement agency shall order or direct the construction, removal, alteration or demolition of any improvement on a landmark site or structure in an historic district to remedy emergency conditions, determined to be imminently dangerous to life, health or property, compliance with the order or directive may be undertaken without prior issuance of a certificate or notice. Where feasible, notice of the order shall be given to the Preservation Board. B. Notice to the Preservation Board. In instances where danger to life, health and property is not imminent, the enforcement agency shall give the Preservation Board written notice of any proposed order or direction which affects or may affect the exterior appearance of a landmark or. landmark site or property within an historic district. The enforcement agency shall give the Preservation Board 10 days in which to comment after receipt of such notice prior to taking further action. C. Power of Preservation Board. The Preservation Board shall have the power to require that demolition not occur or that corrective work not materially change the exterior appearance of a landmark, where danger to life, health or property may be abated without detracting from the exterior appearance of a landmark. § 337 -29 Extensions of time. Whenever, under the provisions of this Article, the Preservation Board or the Committee on Legislation is required, within a prescribed period of time, to make any determination or perform any act in relation to an application, the applicant may agree to extend such period of time by filing a statement with the Preservation Board or the Committee on Legislation. § 337 -30 Injunctions and orders. Upon request of the Preservation Board or the Common Council or where otherwise necessary to prevent or abate violations of this code, the Corporation Counsel is empowered to seek an injunction or other appropriate order of a court and to bring further proceedings for enforcement of such injunctions or orders. § 337 -31 Fees. A. The Preservation Board may establish fees for review of nominations, issuance of certificates and other operating procedures subject to the prior approval of the Common Council. B. Any such application, except by a governmental agency, shall be accompanied by a filing fee as provided in Chapter 175, Fees. § 337 -32 Penalties for offenses. A violation of this code is punishable by a fine not to exceed $500 or by imprisonment not exceeding 15 days, or by both such fine and imprisonment, or by penalty of not more than $500 to be recovered by the City of Buffalo in a civil action. Every day of such violation may be held to constitute a separate offense. & 337 -33 Local Historic Markers The Common Council. by maiority vote and with the consent of a private property owner who aarees to maintain the same. may cause to be erected or affixed to a structure a local historic marker that provides information reaardina a site that it deems to be of local historical interest. after verifvina the accuracv of the information contained on said marker with a local historian and by properly desianatina and aoorooriatina funds for the creation of the same. A local historic marker shall in no wav deem the site or structure it describes as a landmark. landmark site or historic district as those terms are defined in this Chapter. nor shall it afford the local site or structure an.{ additional leaal protections or benefits. APPROVED AS TO FORM Asst. Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 79 BY: COUNCILMEMBER MICHAEL LOCURTO RASSISTANT LEGISLATIVE AIDE APPOINTMENT WHEREAS: I am appointing Jason Hurley, who resides at 60 Campbell Avenue, Buffalo, New York, as an Assistant Legislative Aide in my office; and WHEREAS: Mr. Hurley is a life -long resident of North Buffalo; and WHEREAS: Mr. Hurley has been active in the community for many years. NOW THEREFORE BE IT RESOLVED: That the Common Council appoints Mr. Jason Hurley to the position of Assistant Legislative Aide for the Delaware District. Delaware District Councilmember ADOPTED AYES — FONTANA, FRANCZYK, HAYNES, KEARNS, LOCURTO, RIVERA, RUSSELL, SMITH - 8 NOES- GOLOMBEK -1 NO. 80 BY MR. SMITH FELICITATIONS /IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: In Memoriam for Elder Anthony P. Fitzgerald By Councilmember Haynes ADOPTED BY: DEMONE A SMITH NO. 81 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: Danielle Welty Richard Veronica TOTAL2 ADOPTED NO. 82 ANNOUNCEMENT OF COMMITTEE MEET1NGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Reaular Committees Committee on Civil Service Tuesday, September 28, 2010 at 9:45 o'clock am Committee on Finance Tuesday, September 28, 2010 at 10:00 o'clock am Following Civil Service Committee on Comm. Dev. Tuesday, September 28, 2010 at 1:00 o'clock pm Committee on Legislation Tuesday, September 28, 2010 at 2:00 o'clock pm (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. 83 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mr. Kearns, the Council adjourned at 2:35 pm GERALD CHWALINSKI CITY CLERK COMMON COUNCIL CITY HALL — BUFFALO SPECIAL SESSION September 14, 2010 At 2:30 P.M. Present: David A. Franczyk President of the Council, and Council Members Fontana, Golombek, Kearns, LoCurto, Rivera, Russell Absent: Haynes, Smith 1. Call for Special Session 2. 1040 Delaware Avenue - Convert Senior Home 3. 1860 Seneca Street - Tattoo Parlor 4. Adjourn SPECIAL SESSION September 14, 2010 At 2:30 P.M. R &F APP APP R &F NO 1 CALL FOR SPECIAL SESSION September 7, 2010 Mr. Gerald A. Chwalinski City Clerk 1308 City Hall Buffalo, New York Dear Mr. Chwalinski: Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated September 7, 2010 presented to you herewith, I hereby call a Special Meeting of the Common Council to be held in the Council Chambers, City Hall, Buffalo, New York, on September 14, 2010 at 2:30 P.M. for the following purpose: To receive and take appropriate action on: 1. 1040 Delaware Avenue 2. 1860 Seneca Street- Tattoo Parlor Yours very truly, David A. Franczyk President of the Council September 7, 2010 TO EACH MEMBER OF THE COMMON COUNCIL: YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated September 7, 2010, DAVID A. FRANCZYK, President of the Common Council, has called a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on September 14, 2010 at 2:30 P.M. for the following purpose: To receive and take appropriate action on all items relating to 1. 1040 Delaware Ave 2. 1860 Seneca Street Yours very truly, Gerald A. Chwalinski City Clerk September 7, 2010 Hon. David A. Franczyk President Common Council 1315 City Hall Buffalo, New York Dear Sir: WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council, pursuant to Section 3.9 of the Charter of the City of Buffalo, for the following purpose: To receive and take appropriate action on 1. 1040 Delaware Avenue 2. 1860 Seneca Street We request that this Special Meeting be held on September 14, 2010 at 2:30 P.M. David A. Rivera Michael J. LoCurto Michael P Kearns Richard Fontana Curtis Haynes Jr Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit: RICHARD FONTANA JOSEPH GOLOMBEK CURTIS HAYNES JR MICHAEL KEARNS MICHAEL LOCURTO DAVID RIVERA BONNIE RUSSELL DEMONE SMITH hereby states that he /she received twenty -four (24) hours' notice of the time and purpose of the Special Meeting of the Common Council duly called to be held on September 14, 2010 at 2:30 P.M. David A Rivera Michael J LoCurto Demone Smith Curtis Haynes Jr Richard Fontana Joseph Golombek Michael P Kearns Bonnie E Russell STATE OF NEW YORK COUNTY OF ERIE) ss: CITY OF BUFFALO) On this 7th day of September 2010, before me, the subscribers, personally appeared To me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same. Gerald A Chwalinski Commissioner of Deeds, in and for the City of Buffalo, N.Y. My Commission expires 12/31/10 NO2 M. TUFILLARO, AGENT, USE 1040 DELAWARE- CONVERT SENIOR HOME TO APTS W /OFFICES AT LOWER LEVEL (NIA)(PUB HRG 9/14) PASSED AYES — 7 NOES — 0 NO3 C. HARDY, OWNER, USE 1860 SENECA FOR A TATTOO PARLOR (SOUTH)(PUB HRG 9/14) PASSED AYES — 7 NOES — 0 N04 ADJOURNMENT On a motion by Mr. Fontana, seconded by Mr. Kearns, the Council adjourned at 3:05 P.M. GERALD A. CHWALINSKI CITY CLERK