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Home My WebLink About08-0930 (2) No. 18 PROCEEDINGS OF THE CITY OF BUFFALO September 30, 2008 MAYOR Hon. Byron W. Brown COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL FILLMORE DISTRICT DAVID A. FRANCZYK PRESIDENT PRO TEMPORE SOUTH DISTRICT MICHAEL P. KEARNS MAJORITY LEADER LOVEJOY DISTRICT RICHARD A. FONTANA DISTRICT COUNCIL MEMBERS BRIAN C. DAVIS – ELLICOTT DEMONE A. SMITH – MASTEN MICHAEL J. LO CURTO – DELAWARE JOSEPH GOLOMBEK JR. – NORTH DAVID A. RIVERA- NIAGARA BONNIE C. RUSSELL REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Brian C. Davis, Michael P. Kearns, David A. Rivera, Joseph Golombek Jr. -Members CLAIMS COMMITTEE: David A. Rivera Chairman, Michael P. Kearns, Richard A. Fontana, Bonnie E. Russell,- Members COMMUNITY DEVELOPMENT COMMITTEE: Michael LoCurto, Chairman, Richard A. Fontana, Joseph Golombek Jr., David A. Rivera, Demone Smith - Members FINANCE COMMITTEE: Michael P. Kearns, Chairman, Brian C. Davis, Michael J. LoCurto, David A. Rivera, Bonnie E. Russell - Members. LEGISLATION COMMITTEE: Joseph Golombek Jr., Chairman, Brian Davis, Richard A. Fontana, Michael LoCurto, David Rivera-Members. RULES COMMITTEE: David A. Franczyk, Chairman, Michael P. Kearns, Richard A. Fontana - Members SPECIAL COMMITTEES BUDGET COMMITTEE: Richard A. Fontana., Chairman, Michael P. Kearns, Michael J. LoCurto, Demone Smith - Members MINORITY BUSINESS ENTERPRISE COMMITTEE-,Demone Smith Chairman Brian C. Davis, Richard A. Fontana, Joseph Golombek, Jr , David A. Rivera, Members EDUCATION COMMITTEE ;Demone Smith Chairman, Brian C. Davis, Richard A. Fontana, Members WATERFRONT DEVELOPMENT COMMITTEE – Michael P. Kearns, Chairman, Brian C. Davis, Joseph Golombek, jr, David A.Rivera, members INVOCATION PLEDGE TO FLAG DATE September 30, 2008 **FINAL** MAYOR 1. Appt Executive Director of the Bflo Arts Comm. CS,COLL MAYOR – EXECUTIVE 2. Pres Bd- Negative Declaration-787 Delaware Ave(Nia) R&F 3. Cit Serv- Bflo Weed & Seed-Lower East Side Site 3 Yr Funding R&F 4- 3A.Cit Serv- Requested “Clean Sweeps” Locations in 2008 LEG 5- 4. Plan Bd-Negative Declaration-2944 Bailey Ave AKA 106 Collingwood, 2930 Bailey(Univ) R&F 6- 5. Plan Bd-Negative Declaration-266 Hopkins St(South) R&F 7- 6. Plan Bd-Negative Declaration-294 Monroe(Ell) R&F 8- 7. Plan Bd-Negative Declaration-291 Seneca St(Ell) R&F 9- 8. Strat Plan-Approval to Transfer 6 Homes in Sycamore Village (Ell) CD 10- 9. Strat Plan-Abandonment Sale of Easterly Dead End Portion of Carroll St(Fill) CD,CPBD 11- 10. Strat Plan-Perm to Designate Redeveloper HELP USA 775 Best(Fill) APP 12- 11. Strat Plan-L. Soto Req Info Purchase Vacant Lot-182 Virginia St(Ell) R&F 13- 12. Strat Plan-Results Neg-61 Winslow(Mas) APP COMPTROLLER 14- 13. Audit Report-Bailey/Amherst District Mngt Assoc(Univ) FIN 15- 13A. Certificate of Necessity-Common Council R&F PUBLIC WORKS 16- 14. Notification Serial-10229-10230(Waive 45 Days) R&F 17- 15. Banners Within City ROW R&F 18- 16. Change in Contract-City-Wide Sidewalk Repl APP 19- 17. Change in Contract-Eng 35-Overhead Door Replacement(Fill) APP 20- 18. Change in Contract-Repair to City Pavements-2008 APP 21- 19. Change in Contract-Zoological Gardens(Del) APP 22- 20. Contract Amendment-#92011045 APP 23- 21. Endorsement of COB’s Application for Bflo & EC Committee Grant Funding R&F 24- 21A. Permission to Increase Contract Foit-Albert Associates(Ell) APP 25- 22. Response Re Investigating Adding Taxi Stands LEG PERMITS AND INSPECTIONS 26- 23. Authority to Accept and Receive Efficiency Grant Monies APP 27- 24. Food Store License-465 Best (Ell) LEG 28- 25. Food Store License-1291 Broadway (Fill) LEG 29- 26. Food Store License-912 Delevan East (Mas) LEG 30- 27. Food Store License-1199 Kensington (Univ) DENY 31- 28. Food Store License-325 Niagara (Ell) APP 32- 29. Food Store License-581 Niagara (Ell) LEG 33- 30. Food Store License-931 Niagara (Nia) LEG 34- 31. Food Store License-1981 Niagara (North) APP 35- 32. Lodging House License-531 Franklin(Ell) LEG 36- 33. Restaurant Dance License-26 Mississippi (Fill) LEG 37- 34. Second Hand Dealer-2222 Genesee (Lov) LEG 38- 35. Sidewalk Café License-1680 Elmwood (North) APP 39- 35A. Appt Special Assist To Commissioner of EDPIS(Exempt)(Marcy) R&F CIVIL SERVICE COMMISSION 40- 36. Addendum to Agmt-Eb Jacobs-Entry Level Firefighters Final Interview APP SEWER AUTHORITY 41- 37. Annual Report 2006-2007 R&F CITY CLERK 42- 38. Board of Ethics Minutes-Sept 23, 2008 R&F 43- 39. Appt Senior Council Clerk (Perm)(Max) (Rucinski) CS 44- 40. Appt Senior Council Clerk (Perm)(Inter) (Lehner) CS 45- 41. Liquor License Applications R&F 46- 42. Leaves of Absence R&F 47- 43. Reports of Attendance R&F 48- 44. Notices of Appointments-Council Interns ADOPT 49- 45. Notices of Appointment-Seasonal R&F 50- 46. Notices of Appointments- Temp/Prov/Perm CS MISCELLANEOUS 51- 47. John Bry Appointed as Operations Director of Olmstead Parks R&F 52- 48. Dr. E. Beveridge-Speech re Historical Significance Olmstead Parks R&F 53- 49. R. Davies-NYSDEC-Funds for Projects to Eradicate Terrestrial Invasive Species_R&F 54- 50. B. Davis-EDPI Recommends Waiving Demo Fees 431 Busti(Ell) FIN 55- 50A. B. Davis-R. Alsheimer-Intersection of Edward & Elmwood to Changed to Two Way Traffic LEG,PW 56- 51. S. Doleski-NYSDEC-Phase I Env Site Assess Phase II Investigation Killian Trucking-Catherine St(South) R&F 57- 51A E. Harris-Request Marine Dr Council Be Notified of Future CC and W/Front Meetings That Involve Discussion of Marine Dr R&F 58- 52. M. Kearns-COB Community Center Lease Agreements FIN 59- 53. M. Kearns-J. Hawthorn-Invitation Single Stream Recycling Plant R&F 60- 54. Legal Aid Bureau-Monthly Report August 2008 R&F 61- 54A. D. Smith-News Article-City Manager LEG 62- 54B. D. Smith-Request Establishing & Chairing Parks Advisory Committee LEG 63- 54C. D. Smith-Req Change of City Ordinance Ch 150 Dance & Dance Halls LEG 64- 54D. D. Smith-Req Ordinance Reg. Eviction for Illegal Drug Use & Possession LEG RESOLUTIONS 99- 55. Davis Set Public Hrg-Sycamore Village Subdivision ADOPT 100- 56. Davis Approval to Transfer 6 Homes in Sycamore Village Subdivision (Ell)(hrg 10-14) CD 101- 57. Davis Shift of Operation Into Empire Zone APP 102- 57A Fontana Endorsement of COB’s Application for Bflo & EC Standing Committee Grant Funding APP 103- 57B Franczyk Broadway Market Advisory Task Force-Appt Citizens CD ----58. Franczyk Proposed Sublease Broadway Mkt Rentals-Former Key Bank As Licensed Financial Service Facility WITHDRAWN 104- 58A Golombek Request to Hang Banner-Bidwell & Elmwood ADOPT 105- 59. Golombek Council Manager Form of Gov’t For COB LEG,CC 106- 60. Golombek Exploring Alternative Forms of Gov’t For COB LEG,CC 107- 60A. Kearns Transfer of Funds-Common Council APP 108- 61. Russell Budget & Personnel Amendment-Fire APP 109- 62. Russell Budget & Personnel Amendment-EDPI APP 110- 63. Smith Felicitations in Memorium ADOPT 111- 64. Smith Comm of Deeds Public Duties ADOPT 112- 65. Smith Comm of Deeds ADOPT TABLE ITEMS 113- -------- 156,7/22 LL Intro# 5 Amend Charter in Relation to Areas of Special Flood Hazard Within The COB (#2, 7/30) R&F SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 65- 1. Com 38 Sept 16 Appt Special Asst to Commissioner of EDPI (Prov)(Max)(Marcy)(EDPI) R&F 66- 2. Com 43 Sept 16 Notices of Appointments-Temp/Prov/Perm(Cty Clk) R&F FINANCE 67- 3. Com 4 Sept 16 Response Audit Mayor’s Impact Team (Cit Serv) R&F 68- 4. Com 16 Sept 16 Contract Extension COB & EC Municipal Waste Reduction/Recycling Proj(PW) APP 69- 5. No 44 Sept 16 J. Campolong-Monthly Report for The Buffalo Water Board R&F 70- 6. No 53 Sept 16 D. Smith-Clarify Budget Request for Martin Luther King Jr. Park R&F COMMUNITY DEVELOPMENT 71- 7. No 52 Sept 16 NYSDOT-Notice of Design Approval NY Route 33 R&F 72- 8.Com 47 Sept 2 Year 33 Community Dev Quarterly Reports(2/1/08-4/30/08)(Comm Serv) R&F 73- 9. No 67 Sept 2 M. Kearns-S Banko-Assisting the City in Implementing an Attack on Blighted Properties in Our Neighborhoods R&F 74- 10. No 56 June 24 H. Garrett-West Side Community Collaborative-Re Demo of White Bros, Livery & Boarding Stable R&F 75- 11.Res 102 Dec 12 Addressing Vacant Properties as a Regional stnd Issue (Exc. 1 & 2 Res) ADOPT LEGISLATION 76- 12. No 54 Sept 16 M. Agha, Owner, Use 1175 Hertel, Alter Existing Restaurant From A Take Out to A Sit In (Pub Hrg 9/23)(Del) APP 77- 13. Com 2 Sept 16 Appt Comm on Citizen’s Rights and Comm Relations Kenneth A. Simmons(Mayor) APP 78- 14. No 107 Sept 16 J. Battaglia, Agent, Use 266 Hopkins to Expand Recycling Ctr(South) (Pub Hrg 9/9)(#84, 9/2) APP/COND 79- 15. No 89 Sept 2 B. Davis-C Brown & Others-Request For Changes in Traffic Controls On Hudson St/or Plymouth POLOV 80- 16. Com 3 Sept 2 Recommendations-Four Applications for Landmark Sites(Pres Bd)(Pbl Hrg 9/23) RECOMMIT 81- 17. No 124 Sept 2 J Golombek-Elmwood Village-Info Re Their Design Standards in the Charter(#51,4/1) RECOMMIT 82- 18. No 127 Sept 2 The Establishment of Elmwood Avenue Design Guidelines(#101,5/29) RECOMMIT 83- 19. No 68 June 24 J. Wayshner & O- Security Camera Petition From Cottage St Block Club_ POL OV 84- 20. No 63 June 24 S. Radford-Issues of Police Brutality POL OV 85- 21. No 37 June 10 B. Davis-C. Rodriguez-Introduction of mandate of City’s Comm on Citizens Rights & Community Relations POL OV st 86- 22. Res 113 Apr 29 The Need for A Greater Police Presence in COB(exc 1 Res) POL OV 87- 23. Res 125 Apr 15 Utilizing Crimereports.com/Crime Prev POL OV SPECIAL COMMITTEES WATERFRONT DEVELOPMENT 88- 24. No 71 Sept 2 M. Kearns-NYSDEC-Lehigh Valley Railroad R&F 89- 25. No 75 Sept 2 K. Lewandowski-Lehigh Valley Railroad-110 Fuhrmann Blvd R&F 90- 26. No 54 May 27 M. Kearns-Enhanced Communications With FEMA R&F 91- 27. No 57 Apr 29 B. Davis-Using Col Ward Pumping Station for Bflo Maritime Museum R&F 92- 28. No. 59 Apr 29 FEMA-Final Flood Elevation Determinations R&F 93- 29. No 64 Apr 29 NYSDEC-National Flood Insurance Program R&F 94- 30. No 41 June 10 D. Kaminski-Buffalo Southtowns Connector Project R&F 95- 31. No 62 Mar 4 M. Kearns-Article-Boulevard Alternative Would Give Bflo a Great Place R&F strd 96- 32. Res 117 Oct 16 Southtowns Connector Project(Exec 12nd & 3 Res) R&F 97- 33. Res 150 Sept 4 Req More Information From NYSDOT in Regards to the Southtowns nd Connector Project (Exec 2 Res) R&F 98- 34. No 60 Nov 13 M. Kearns-M. Dabney-FEMAProgram to Update Flood Ins Map(#46,10/30) R&F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, SEPTEMBER 30, 2008 AT 2:00 P.M. Present - David A. Franczyk, President of the Council, and Councilmembers: Davis Fontana, Golombek, Kearns, LoCurto & Rivera, Russell & Smith - 9 Absent - 0 On a motion by Mr. Fontana, Seconded by Mr.Golombek , the minutes of the stated meeting held on September 16, 2008 were approved. FROM THE MAYOR NO. 1 CERTIFICATE OF APPOINTMENT Appointment Effective August 28, 2008 in the Department of Executive, Division of Mayor to the Position of Executive Director of the Buffalo Arts Commission, Exempt, Non Competitive at the Flat starting salary of $45,000.00 Emerson Barr III, 309 North St, Unit 14A, Buffalo, NY 14201 REFERRED TO THE COMMITTEE ON CIVIL SERVICE AND THE DIVISION OF COLLECTIONS FROM THE MAYOR- EXECUTIVE DEPARTMENT FROM THE BUFFALO PRESERVATION BOARD NO. 2 NEGATIVE DECLARATION-787 DELAWARE AVE (NIA) 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 Buffalo Preservation 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: Jewish Community Center Terrace and Playground Project It/ LOCATION: 787 Delaware Ave. Buffalo, New York. Erie County. TYPE OF ACTION: Type I DESCRIPTION: The applicant, the Jewish Community Center of Greater Buffalo, Inc., proposes to undertake the installation of concrete terraces and pathways, playground equipment, aluminum fencing along the west (Delaware Ave.) and south (Summer St.) elevations, and cast concrete corner wall at the comer of Delaware Ave. and Summer St. The project will also include the planting of trees, shrubs, and other landscaping throughout the project site. The project will be both publicly and privately financed. As a result of this environmental review, the Lead Agency has determined that the undertaking of this action will not constitute an action significantly affecting the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The impacts that are likely to occur as a result of the project appear, on the whole, to be beneficial and not significant in magnitude or effect, and will not, either individually or as a whole, have a significant adverse effect on the environment. The project will involve alterations to a site contiguous to the City of Buffalo Delaware Avenue Historic District, which is also listed on the National Register of Historic Places; the project is designed in conformance with the Secretary of the Interior's "Standards"; and will eliminate blighting influences and environmental deficiencies, The few negative impacts are short- term construction related impacts and are not significant in magnitude or effect. For further information relative to this Negative Declaration, contact Ms. Michele Brozek, Room 901 City Hall, Buffalo, New York 14202 - telephone: 716-851-5029. Date: September 4. 2008 A copy of this notice was sent to: Buffalo Environmental Management Commission Buffalo Planning Board Buffalo Zoning Board Commissioner, New York DEC Environmental Notice Bulletin APPLICANT RECEIVED AND FILED FROM THE OFFICE OF CITIZEN SERVICES NO. 3 BUFFALO WEED AND SEED LOWER EAST SIDE SITE YEAR 3 FUNDING This is to advise the Honorable Common Council the funds for Year 3 of the Buffalo Weed and Seed Program, in the amount of $150,000 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, 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. RECEIVED AND FILED NO. 4 REQUESTED "CLEAN SWEEPS" LOCATIONS IN 2008 The Office of Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review information requested regarding the Mayor's Save our Street Program, "Clean Sweeps" Initiative conducted throughout the City of Buffalo in 2008, by council districts. Operation Clean Sweep is part of the Mayor's Byron W. Brown Zero Tolerance plan, which targets drug crime as well as quality-of-life offenses that harm residents and businesses throughout Buffalo. Additionally, Operation Clean Sweep has helped improve communication between the city and residents. Residents have the chance to interface with city service providers to make service requests and to provide relevant and previously unknown data for law enforcement professionals. Also be advised that the "Clean Sweeps" locations are embargoed until the following week of the sweep as not to allow the integrity of the sweep to be comprised, thus adding the element of surprise to those who threaten the quality of life of the residents we are assisting. This Division continues to monitor the activities of the "Clean Sweeps" and work tirelessly to improve its activities within the City of Buffalo. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE CITY PLANN1NG BOARD NO. 5 NEGATIVE DECLARATION-2944 BAILEY AVE AKA 106 COLLINGWOOD 2930 BAILEY AVE (UNIV) This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEQR), Article 8 of the New York State 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 Upstate Cellular Network dba Verizon wireless Location: 2944 Bailey Ave, AKA 106 Collingwood, 2930 Bailey Type of Action: Unlisted - Coordinated Description: Upstate Cellular Network is proposing the placement of antennas and an equipment shelter on the property located at 2944 Bailey, AKA 2930 Bailey, 106 Collingwood Buffalo New York. The site consists of approximately 840 sq. ft. of land leased to Dreamco Development Corporation. The facility will consist of side- mounted antennas on the hose tower portion of the building, an approximately 11'-7'x30 equipment shed, together with other site improvements. A landscaping plan has been completed. The project is privately funded in the amount of 45,000 dollars. The project will take approximately thirty days to complete and begin shortly after the final approvals are complete. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact 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 project is necessary as the area this project is proposed is currently suffering from a telecommunication (wireless) service inadequacy, 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) 85%5085. Dated: September 9, 2008 City Clerk City of Buffalo Economic Development, Permits and Inspections City of Buffalo Public Works, Parks & Streets Nixon Peabody LLP RECEIVED AND FILED NO. 6 NEGATIVE DECLARATION-266 HOPKINS ST (SOUTH) NOTICE OF DETERMINATION OF NON- SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEQR), Article 8 of the New York State 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: Description: Buffalo Recycling Enterprise LLC is proposing the construction of a recycling facility on the property located at 266 Hopkins Street, Buffalo New York. The Buffalo Recycling Enterprise LLC (BRE) recycling facility is a joint venture project that includes the Modem Corporation of Lewiston New York and Great Lakes Recycling Inc. of Roseville Michigan. The proposed project includes the construction of a single stream recycling facility to handle curbside recyclable materials. The single stream system makes it easier for the general public to recycle materials and is less costly for the collection of materials. The types of materials that will be recycled include paper, metals, plastics and glass. The existing building will be expanded to include a new addition, which will be used for material tipping and handling. The estimated number of square feet to be constructed is a 800 square foot office/entrance, a 35,700 square foot warehouse recycling area and a 280 square foot scale house. The total cost of the building construction will be approximately 2.6 million dollars. Additional equipment cost will add 10-12 million dollars to the facilities overall cost. The project is privately funded. The design includes provisions for public education and awareness. The entrance of the building includes a reception area for public presentations. Tours of the facility will include school and other community minded organizations. Dust control will be accomplished by paving primary access roads, routine roadway cleaning and dust suppression using water and/or calcium chloride. The facility is designed for 400 tons per day of recyclable materials. The facility will be operated for two eight-hour shifts. A Third shift will be used from time to time to handle changes in market conditions and accommodate equipment maintenance, The amount of traffic anticipated for this facility is consistent with, or less than the previously approved 500 tons per day operations. The anticipated traffic is inbound, (8 tons per load - 50 loads per day), Outbound (20 tons per load, 20 loads per day, employee (40 trips per day), Peak Traffic Periods (7-9 A.M., 11A.M. - 1 P.M., 2-4 P.M.). Facility related traffic will access the site from the west via the Tifft Street entrance. Recycling trucks servicing the immediate area may enter the facility from the east. The above traffic volumes are approximately 50 percent of the facilities original approved traffic volume due to the fact that the single stream recycling material is delivered in heavier loads. There will be a small visitor component of traffic that will access the facility on Hopkins Street. Landscaping improvements will be made to the property. The facility does not need extraordinary amounts of water and will be serviced by a dry fire suppression/control system. The project sponsors anticipate starting construction of the new building in the fall of 2008 and should be completed by June of 200g. Odor mitigation measures have been studied and are included in materials submitted as described in the E-Mail to Mr. Grillo dated September 16, 2008 and reviewed by the Planning Board on September 23, 2008. Noise generated is minimal and expected to be internal to the operation of the facility. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have e significant adverse impact 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 project will assist with the streamlining of recycling in the City of buffalo making the process user friendly helping to increase recycling awareness and the amount of recycling being brought to the facility overall helping the environment.. The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr, Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - (716) 851-5085. Dated: September23, 2008 RECEIVED AND FILED NO. 7 NEGATIVE DECLARATION-294 MONROW ST (ELL) NOTICE OF DETERMINATION OF NON- SIGNIFICANCE This notice is issued pursuant to Part 817 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEQR), Article 8 of the New York State 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: Monroe Race Apartments 294 Monroe Street Unlisted - Uncoordinated Description: The Polish Community Center is proposing the construction of a residential facility on the property located at 294 Monroe Street, Buffalo New York. The proposed project consists of the construction of 12 two bedroom units (24 beds) for youth aging out of foster care. In addition to the housing units, the building will contain offices for the provisions of services, community and meeting rooms, laundry facilities, a child day care center for the children of the residents, off street parking and a outside play area. The site is located near a major bus route, with access to several other bus routes. It is near downtown and all municipal services. The project site is also close to food stores, banks, schools, emergency services and other human service agencies. The not for profit sponsor/developer is partnering with Gateway- Longview providing services that include case management, referrals, independent living skills training, job training and recreation. The services are also designed to prepare the youth for independent living. The project is financed through a grant from the New York State Homeless Housing Assistance Program and Funds from the Polish Community Center. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact 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 housing will allow young people who are transitioning out of foster care a safe, supervised and properly located facility that will help them become independent of the social service system. The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, end do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - (716) 851-5085. Dated: Seotember23, 2008 RECEIVED AND FILED NO. 8 NEGATIVE DECLARATION-291 SENECA ST NOTICE OF DETERMINATION OF NON- SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEQR), Article 8 of the New York State 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 Chef’s Restaurant Location 291 Seneca St Type of Action Unlisted-Coordinated Description: Chef's Restaurant is proposing the construction of a building addition with a drive-through window on the property located at 291 Seneca Street, Buffalo New York. The 1734 sq, ft. addition will include a renovated kitchen area, additional seating and a drive - through carryout service. Exterior finishes will be modified stucco to emulate the brick pattern and coloring of the existing building. The structure will be masonry bearing wall with steel joist roof and a wood floor. New landscaping Plan is included. The project is expected to begin in October 2008, The project is privately funded in the amount of $200,000 dollars, As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact on the quality of the environment. No further environmental review of this action will be conducted pdor to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: the new addition and drive-through will help Chef's Restaurant remain one of Buffalo most successful business's. The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202- (716) 851-5085. Dated: September 9, 2008 RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 9 APPROVAL TO TRANSFER SIX (6) HOMES IN SYCAMORE VILLAGE SUBDIVISION The Sycamore Village Subdivision is a pedestrian friendly, park-like community which, when completed, will consist of twenty-four (24) new homes -twenty (20) market rate and four (4) affordable homes. The subdivision is located in the block bounded by Sycamore Street, Jefferson Avenue, Matthews Street and Mortimer Street and is currently owned by the City of Buffalo Urban Renewal Agency (hereinafter referred to as "Agency"). The entire site consists of approximately 3.86 acres. Road and infrastructure work at the site is close to completion. Phase I consists of ten (10) homes of which nine (9) are close to completion and Phase II consists of nine (9) homes of which six (6) are also close to completion. Phase III will consist of five (5) homes. The Agency has negotiated the sale of six (6) homes. Below is a list of the potential homebuyers, property addresses and proposed sale price: Purchaser Address/Sub Lot Sales Price Natalie White 385 Sycamore St $201,765.00 Lot 3 Latisha Baron 415 Sycamore St. $211,261.00 Lot 6 Kevin and Linda Beck 419 Sycamore St. $206,787.00 Lot 7 Pheland and Lorraine Floyd 423 Sycamore St. 212,348.00 Lot 8 Charles Glover 12 Sydni Lane $211,861.00 Lot 7 Leroyal Jr and Jacqueline Watts19 Sydni Lane $205,827.00 Lot 14 Please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary for your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded separately are the following documents: 1. Resolution setting Public Hearing 2 2. Notice of Public Hearing 3 3. Resolution approving proposed transfer After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of land. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 10 ABANDONMENT AND SALE EASTERLY DEAD END PORTION OF CARROLL STREET APPROXIMATELY 50' WIDE BY 57' ON SOUTH LINE AND 88' ON NORTH LINE OF CARROLL STREET The Office of Strategic Planning, Division of Real Estate, has received a request from Mr. Joseph A. Petrella, 726 Exchange Street, Suite 600, Buffalo, New York 14210 on behalf of Mill Race Commons, LLC to purchase the easterly end of Carroll Street. The purchaser, Mill Race Commons, LLC, owns all three sides of the portion of Carroll Street that is in question. They have indicated that the purchase of Carroll Street is needed to advance the construction of a new retail and commercial office building fronting on Exchange and Smith Streets. The design of this building has already been approved by the Planning Board, including the construction of the west building on a portion of the dead end of Carroll Street. In order to have marketable floor plates and to further facilitate the rehabilitation of existing buildings along Seneca Street, they are requesting the opportunity to purchase the referenced portion of Carroll Street. The Division of Real Estate has contacted the Land Use Planning Committee, Public Works, Parks & Streets, Buffalo Sewer Authority, Fire, Police and the City Planning Board and there were no objections and/or conditions to the abandonment and sale of a portion of the dead end easterly portion of Carroll Street. Your Honorable Body may authorize the abandonment and sale of the property in accordance with Article 27, Section 27-5 of the City Charter. Should Your Honorable Body authorize the abandonment and sale the purchaser is required to retain a real estate appraisal(s) at their own expense, for the purpose of fixing the value of the interest of the City in such property. The City will provide a list of appraisers established by the Appraisal Review Board of the City. I am, therefore, recommending that Your Honorable Body authorize the abandonment and sale of a portion of Carroll Street. The results of our negotiations will be filed with Your HonoHonorrable Body for final approval REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 11 PERMISSION TO DESIGNATE REDEVELOPER HELP USA - 775 BEST - FORMER SCHOOL 59 The Office of Strategic Planning, Division of Real Estate, has received a request from HELP USA to acquire the property known as 775 Best Street, former School 59. HELP USA is a New York City not-for-profit organization that has developed more than 1,700 units of housing, and currently operates 25 residential sites in ten communities across the country. These facilities provide transitional housing for homeless veterans, families, and victims of domestic violence, and permanent supportive housing for low-income families and individuals. HELP USA has significant experience securing financing for projects similar to the one proposed for 775 Best. The project at 775 Best will provide affordable housing for a mixed population including working adults and families, with a portion of the efficiency units set aside for special needs veterans. HELP is proposing to convert 775 Best into 37 rental apartments (18 efficiencies, 13 one bedrooms, and 6 two bedroom units). HELP will be seeking funding for the project through the NYS Housing Finance Agency, which is working with HELP to develop a financing package including support through the PHHP/85-85 program. I therefore respectfully request that Your Honorable Body designate HELP USA and or corporation, partnership, or other legal entity to be formed as Redeveloper of the subject property for a period of six months subject to the following conditions: a. Submission by the Redeveloper of a detailed site plan for approval by the City of Buffalo Planning Board and construction plans, including landscaping, for approval by the City. b. Submission of a colored rendering of the property suitable for presentation to the City Common Council which shall be submitted prior to the Common Council approval of LDA. c. Submission by the Redeveloper of evidence of equity capital and mortgage financing necessary for the completion of the project which shall be submitted prior to closing. d. Payment of a designation fee of One Thousand Dollars ($1,000.00) per month by Redeveloper to the City, payable within five (5) days from the date of designation and due thereafter the first day of every month. In the event Redeveloper shall exercise its option to acquire said property pursuant to the Land Disposition Agreement (LDA) to be negotiated by Redeveloper and the City, said option fee shall be applied as a credit towards the purchase price. In the event Redeveloper shall not proceed with the redevelopment of the property within the designation period, Redeveloper shall forfeit all monies paid on account and the City shall retain all such monies. e. Redeveloper is responsible for performing any soil borings and soil investigations, as per a license agreement to be granted by the City, for the purpose of determining, to developer's satisfaction, the suitability of the site f. for its intended use, and the presence or absence of hazardous substances as such term is used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (C. E. R. C. LA) 42 USC ss 9601 et seq.: The Hazardous Materials Transportation Act, as amended, 49 USC ss 1801 et seq.: The Resource Conservation and Recovery Act, as amended, 42 USC ss 6901 et seq.: Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by-law, policy guidance, procedure, interpretation, decision, order, or directive, whether existing as of the date hereof, previously enforced or subsequently enacted. g. The successful negotiation of a Land Disposition Agreement for approval by the Common Council by no later than six months from the date the Common Council approves the designation. h. Upon signing of LDA, payment by the Redeveloper to the City of a non- refundable deposit, in the amount of ten percent (10%) of the agreed to selling price. i. Individuals and or corporations having outstanding taxes, water bills, parking tickets, user fee and/or demolition liens or any other liens owned to the City of Buffalo, or if code violations exist on any property owned by them they are ineligible for designation. The City of Buffalo may terminate this designation should the Redeveloper fail to meet any of the deadlines set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure to meet a timely deadline, the City will first allow the Redeveloper two (2) weeks to cure by written notice. This designation will expire six (6) months from the date the Common Council approves the designation. I am requesting that your Honorable Body approve the designation of HELP USA as the Redeveloper of 775 Best upon the above terms and conditions; authorize the Executive Director of the Office of Strategic Planning to prepare the necessary agreements for the redevelopment of 775 Best, and forward to the Common Council for final approval of agreements for the transfer of title. Mr. Fontanamoved: That the above communication from the Office of Strategic Planning dated September 25, 2008, be received and filed; and That the Common Council does hereby designate HELP USA as the qualified and eligible Redeveloper of 775 Best Street (former School 59) upon the above terms and conditions; authorizes he Executive Director of the Office of Strategic Planning to prepare the necessary agreements for the redevelopment of 775 Best Street, and to forward to the Common Council for final approval of agreements for the transfer of title. PASSED AYES - 9 NOES - 0 NO. 12 LYDIA SOTO-RESIDENTIAL VACANT LOT 182 VIRGINIA ST ELLICOTT DISTRICT ITEM# 62, SEPTEMBER 2, 2008 The above item is a letter from Lydia Soto requesting information about purchasing 182 Virginia Street. The Division of Real Estate on August 15, 2008 wrote to Ms Soto and advised her that the lot at 182 Virginia Street is privately owned by Matthew Simonson, 2058 Sandlewood Court, Palo Alto, California 94303. The property taxes are paid up to date and is not on the upcoming City foreclosure in October 2008. If Ms Soto is interested in acquiring this property, she should contact the owner at the above mentioned address. RECEIVED AND FILED NO. 13 RESULTS OF NEGOTIATIONS 61 WINSLOW, 67.50' W STORZ VACANT LOT: 32'X 117' ASSESSED VALUATION: $2,100 (MASTEN DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Khalid Dunston and Mrs. Rasheedah Dunston, 39 Gramercy Drive, Piscatoway, New Jersey 08854 to purchase 61 Winslow. Mr. and Mrs. Dunston own the adjacent single family home at 65 Winslow and have family members residing there. They intend to use the vacant lot for additional green space. The Division of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty-Five Cents ($.45) to One Dollar and Forty Cents ($1.40), per square foot. The results of our negotiations are that Mr. and Mrs. Dunston have agreed and are prepared to pay Two Thousand One Hundred Dollars ($2,100), Fifty-Six Cents ($.56) per square foot for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 61 Winslow to Mr. and Mrs. Dunston in the amount of Two Thousand One Hundred Dollars ($2,100). I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated September 15, 2008, be received and filed; and That the offer from Mr. Khalid Dunston and Mrs. Rasheedah Dunston, residing at 39 Gramercy Drive, Piscatowy, New Jersey 08854, in the sum of two thousand and one hundred dollars ($2,100.00) for the purchase of 61 Winslow, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES - 0 FROM THE COMPTROLLER NO. 14 AUDIT REPORT BAILEY/AMHERST DISTRICT MANAGEMENT ASSOCIATION Above item available for review in The City Clerk’s Office REFERRED TO THE COMMITTEE ON FINANCE a NO. 15 CERTIFICATE OF NECESSITY ITRANSFER OF FUNDS CITY CLERK -COMMON COUNCIL- LEGISLATIVE We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20-12 of the Charter, that it is necessary that the sum of $6,500 be transferred and reappropriated from the City Clerk, as set forth below: From: City Clerk 10220006 - 432004 Engineering & Technical Services $6,500.00 To: Inventory & Stores 11751006-444201 Rental Equipment & Vehicles $6,500.00 Dated: Buffalo, NY, September 24, 2008 RECEIVED AND FILED FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 16 NOTIFICATION SERIAL # 10229 REPEAL NO STANDING ON WEST SENECA STREET, SOUTH SIDE BETWEEN FRANKLIN STREET AND PEARL STREET (ELLICOTT DISTRICT) NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD West Seneca Street, south side between AT ALL TIMES Franklin Street and Pearl Street This action is being taken in order to provide new short term metered parking spaces in a high demand area. NOTIFICATION SERIAL # 10230 INSTALL METERED PARKING ON WEST SENECA STREET, SOUTH SIDE BETWEEN FRANKLIN STREET AND PEARL STREET (EXCLUDING EXISTING NO PARKING AND NO STANDING AREAS) (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 29 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: METERED PARKING Metered Parking Location period of metered parking Rate of metered parking W Seneca Street, South side 2 hour parking Rate C Between Franklin Street 8:00 am to 5:00 pm $1.00 per hour And Pearl Street Monday – Friday 2 hour maximum (excluding existing No Parking And No Standing Areas) This action is being taken in order to provide new short term metered parking spaces in a high demand area. RECEIVED AND FILED WAIVE 45 DAYS NO 17 BANNERS WITHIN CITY RIGHT OF WAY The Department of Public Works, Parks & Streets has reviewed the following requests to hang banners and has no objection provided all conditions provided to the applicants by the Division of Engineering are met. 1. Item #124, CCP 9/2/08, "Permission to Good Schools for All to Hang Banner" RECEIVED AND FILED NO 18 CHANGE IN CONTRACT CITY-WIDE SIDEWALK REPLACEMENT - 2008 I hereby submit to Your Honorable Body the following unit price additions to the contract for the above named Project. This change order is necessary to complete additional tree root and hazardous locations encountered during the construction operations on a District by District basis. Contract Estimated Estimated Item Description Unit Quanity Cost See attached sheets for item descriptions & prices Existing Contract Amount $457,875.00 Increase in Contract $110,515.00 Total Contract to Date $568,390.00 I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to P & J Construction Co., Inc. from Capital Project Accounts #31310406-445100, #31310206-445100 & #30032106-445100. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 22, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order to P & J Construction Co., Inc., an increase in the amount of $110,515.00, as more fully described in the above communication, for work relating to City-Wide Sidewalk Replacement - 2008. Funds for this project are available in Capital Projects Accounts #31310406-445100, #31310206-445100 & #30032106-445100. PASSED AYES - 9 NOES - 0 NO 19 CHANGE IN CONTRACT FIRE ENGINE 35 OVERHEAD DOOR REPLACEMENT I herby submit to Your Honorable Body the following changes for Fire Engine 35, Overhead Door replacement, Allgaier Construction, C #93000082. 1. Remove and relocate electrical conduits located in masonry Wall and in conflict with new door lintel beam. Add $525.00 The foregoing change results in a net increase in the contract of Five Hundred Twenty Five and 00/100 Dollars ($525.00) Summary: Original Contract Amount $50,600.00 Change Order #1 Add $ 525.00 Revised Contract Amount $51,125.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 39320406 445100 – Division of Buildings. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 12, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to Allgaier Construction, an increase in the amount of $525.00, as more fully described in the above communication, for work relating to Overhead Door Replacement, C #93000082. Funds for this project are available in 39320406 445100 -Division of Buildings. PASSED AYES - 9 NOES - 0 NO 20 CHANGE IN CONTRACT REPAIR TO CITY PAVEMENTS - 2008 I hereby submit to Your Honorable Body the following request for additional work to the above mentioned contract as follows: Contract Estimated Unit Bid Estimated Item Description Unit Quanity Price Cost A02.110 Unclassified Excavation Cu.Yd. 25 $45.00 $1,125.00 A02.412 Small Machine Milling of Asphalt Pavement Sq.Yd. 1,000 $9.00 $9,000.00 A03.210 Subbase course Pavement 2" crusher run Cu.Yd. 50 $45.00 $2,250.00 A04.120A Asphalt Concrete - Modified Fine Top Tons 75 $75.00 $5,625.00 A04.150A Asphalt Concrete - Top Bnder 0" - 3" Tons 50 $185.00 $9,250.00 A04.150B Asphalt Concrete - Base, Binder, Top Tons 50 $135.00 $6,750.00 A05.416 Sawing Pavement/Concrete Base Lin.Ft. 1,000 $5.00 $5,000.00 A12.110 Maintenance & Protection of Tratiic As Nec. 100% $7,000.00 $7.000.00 Total Change Order $46,000.00 Existing Contract Amount $91,850.00 Increase in Contract $46,000.00 Total Contract to Date $137,850.00 I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to Thomann Asphalt Paving Co., Inc. from Capital Project Accounts #31310406-445100, #31310206-445100 & #30032106-445100. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 19, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order to Thomann Asphalt Paving Co., Inc., an increase in the amount of $46,000.00, as more fully described in the above communication, for work relating to Repair to City Pavements - Group #684. Funds for this project are available in Capital Projects Accounts #31310406- 445100, #31310206-445100 & #30032106-445100. PASSED AYES - 9 NOES - 0 NO 21 CHANGE IN CONTRACT ZOOLOGICAL GARDENS ROOF REPLACEMENT JOB #0805 (DELAWARE DISTRICT) I hereby submit to Your Honorable Body the following changes for the Zoological Gardens, Roof Replacement, Grove Roofing Services, C #93000144. 1. Remove all asbestos containing material Add $13,100.00 The foregoing change results in a net increase in the contract of Thirteen Thousand One Hundred and 00/100 Dollars ($13, 100.00) Summary: Original Contract Amount $140,000.00 Change Order #1 Add $ 13,100.00 Revised Contract Amount $153,100.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 39320806 445100 – Division of Buildings. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 19, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to Grove Roofing Services, an increase in the amount of $13,100.00, as more fully described in the above communication, for work relating to the Zoological Gardens - Roof Replacement, Job #0850, C #93000144. Funds for this project are available in 39320806 445100 - Division of Buildings. PASSED AYES - 9 NOES – 0 NO 22 CONTRACT AMENDMENT CONTRACT #92011045 Whereas, the City of Buffalo, hereinafter referred to as the "City” and Modern Landfill, Inc. hereinafter referred to as the “Contractor" has been entered into a twenty-year agreement dated July 1, 2005, bearing contract No. 92011045, Whereas, the City and Contractor wish to amend said contract. Now, therefore, both parties agree as follows: For the remainder of the contract term, Modern Landfill, Inc. shall supply the City with the attached insurance and bonds. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 15, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to amend the contract with Modem Landfill, Inc. for a twenty (20) year agreement dated July 1, 2005, Contract No. 92011045, for the remainder of the contract term, Modem Landfill, Inc. shall be required to provide the City with the attached insurance and bonds. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW PASSED AYES - 9 NOES - 0 NO 23 ENDORSEMENT OF THE CITY OF BUFFALO'S APPLICATION FOR BUFFALO AND ERIE COUNTY STANDING COMMITTEE GRANT FUNDING The New York Power Authority Relicensing Settlement funds are available for projects promoting the Niagara River Greenway. The application process requires an approval or endorsement of the governing body, consultation with the Erie County Greenway Commission and application to the Buffalo and Erie County Standing Committee. The Department requests your Honorable Body to endorse the City of Buffalo application for $625,000 in enhancements at Times Beach on the Buffalo Outer Harbor and to authorize all other actions required to receive the grant. There is no City match required for this funding. RECEIVED AND FILED NO 24 PERMISSION TO INCREASE CONTRACT FOIT-ALBERT ASSOCIATES CONTRACT # 92011247 ELLICOTT DISTRICT PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. 78, C.C.P. 6/2/07) I hereby submit to your Honorable Body the following changes for this contract. Foit-Albert is the engineering consultant for the Buffalo Niagara Medical Campus site. This project involves pavement rehabilitation, new Sidewalks and streetscape improvements on Ellicott Street between Goodell Street & Best Street. This increase is necessary due to additional design services throughout the project limits and also transferring existing water services on the West side of Ellicott Street from existing 6" old water line to the newer 16" water line. The original consultant contract also was based on total project costs of $ 2.4 M. Now with additional funding from Federal Highway Administration (FHWA), total project costs are $ 6.4M. I respectfully certify that this increase is fair and equitable for the work involve, and respectfully request your Honorable Body approve the subject change order and authorize the Commissioner of the Public works, Parks & Streets to issue said increase for $ 230,500.00 The City's share of costs for this project anticipated to be 5%. Mr. Fontana moved: That the communication dated September 19, 2008 from the Commissioner of Public Works, Parks and Streets be received and filed and that the Commissioner is authorized to execute Change Order #1 to Contract #92011247 with Foit=Albert Associates as consultant for the Buffalo-Niagara Medical Campus site in the amount of $230,5000.00 for additional design services throughtout the project site. PASSED AYES - 9 NOES – 0 NO 25 TAXI STANDS This item is submitted in response to a request by Council Staffto investigate the possibility of adding taxi stands in the vicinity of the NFTA bus station on Ellicott Street. Please be advised that after an investigation by my traffic engineering staff, it has been determined that there are no acceptable locations in this vicinity for a taxi stand to be installed without adversely affecting the limited space available for much needed short term parking. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO 26 AUTHORITY TO ACCEPT AND RECEIVE EFFICIENCY GRANT MONIES I would like to petition your Honorable Body to accept and receive grant efficiency monies in the amount of one million dollars ($1,000,000.00) to be used for General Demolition of dilapidated properties in the City of Buffalo. Control Board approval for this transaction was received on 8/20/2008 Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspection Services dated September 25, 2008, be received and filed; and That the Commissioner of Economic Development, Permit and Inspection Services be, and he hereby is authorized on behalf of the City to receive, accept an efficiency grant monies in the amount of one million dollars ($1,000,000.00) to be used for General Demolition of dilapidated properties in the City of Buffalo. PASSED AYES - 9 NOES - 0 NO 27 FOOD STORE LICENSE 465 BEST (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 465 Best (Alfy's Food Market) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO 28 FOOD STORE LICENSE 1291 BROADWAY (FILLMORE) 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 1291 Broadway (Buffalo Mini Mart) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO 29 FOOD STORE LICENSE 912 DELAVAN EAST (MASTEN) 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 912 Delavan East (Save $ Plus) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO 30 FOOD STORE LICENSE 1199 KENSINGTON (UNIVERSITY) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1199 Kensington (Kenz Mart) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated September 10, 2008, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is directed to deny the Food Store License application of Saleh Omar located at 1199 Kensington (Kenz Mart). DENY NO 31 FOOD STORE LICENSE 325 NIAGARA (ELLICOTT DISTRICT) 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 325 Niagara and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated September 11, 2008, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Bel Musoko Luko located at 325 Niagara PASSED AYES - 9 NOES 0 NO 32 FOOD STORE LICENSE 581 NIAGARA (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 581 Niagara (Niagara Express Mart) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO 33 FOOD STORE LICENSE 931 NIAGARA (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 931 Niagara (Niagara Asian Market) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO 34 FOOD STORE LICENSE 1981 NIAGARA (NORTH) 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 1981 Niagara (Black Rock Deli Inc.) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated September 10, 2008, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Alicia Mitchell located at 1981 Niagara (Black Rock Deli Inc.). PASSED AYES - 9 NOES - 0 NO 35 LODGING HOUSE LICENSE 531 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 531 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, Health Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Stanislav Sadigurski. The attached thereto for Stanislav Sadigurski d/b/a 531 Franklin Street Revocable Trust. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO 36 RESTAURANT DANCE LICENSE (RENEWAL) 26 MISSISSIPPI (FILLMORE) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 26 Mississippi (Cobblestone) for which said renewal application for a Restaurant Dance Class lV license is being sought by Daryl Can" 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 NO 37 SECOND HAND DEALER 2222 GENESEE ST (LOVEJOY) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 2222 Genesee St and find that as to form is correct. I have caused an investigation into the premises for which said application for a second band dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Dwayne Hicks. The attached thereto for Dwayne Hicks d/b/a Ocean Blue Thrifty. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO 38 SIDEWALK CAFÉ LICENSE 1680 ELMWOOD (NORTH) The Common Council approved a sidewalk car6 for the restaurant located at 1680 Elmwood on June 29, 1999 (Item #144). The restaurant, formerly known as Mr. Tony's Pierce Arrow Saloon is now owned by Joseph M. Chadima III (Jimmys on Elmwood). Mr. Chadima has requested permission to install a similar car& The Department of Permit & Inspection Services has no objection to you Honorable Body authorizing the Commissioner to issue a "mere license" to encroach City right of way provided all conditions in the above mentioned approval are met. Mr. Fontana moved That the above communication from the Department of Economic Development, Permit and Inspections Services dated September 16, 2008, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to issue a "mere license" to Joseph M. Chadima III, applicant, located at 1680 Elmwood, to install a similar 21 x 13 sidewalk cafe, which would encroach city right-of-way at said address, subject to the conditions as, requested by the Commissioner. PASSED AYES - 9 NOES - 0 NO 39 CERTIFICATE OF APPOINTMENT Appointment effective September 8, 2008 in the Department of Economic Development, Permit & Inspection Services Division of Administrative Office to the Position of Special Assistant to the Commissioner of EDPIS, Exempt, Non-Competitive Flat Starting Salary of $34,133. Michael L. Marcy, 40 Orchard Place, Lackawanna, NY 14218 RECEIVED AND FILED FROM THE CIVIL SERVICE COMMISSION NO 40 ADDENDUM TO AGREEMENT WITH EB JACOBS, LLC - ENTRY-LEVEL FIREFIGHTER FINAL INTERVIEW The proposed addendum with EB Jacobs, LLC, the vendor that administered the entry-level Firefighter written examination, is for the development and validation of a structured oral interview process for Firefighter candidates. The structured oral interview would become a qualifying event in the Firefighter selection process. The interview process was requested by the Fire Department. A similar interview process was given to entry-level Police Officer candidates. The interview process would consist of two panels, each consisting of a Fire rep, HR rep and citizen rep. EB Jacobs would develop the content of the interview process and train panel members how to conduct interviews and score responses. The attached proposed addendum is for a cost not to exceed $15,000. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW Mr. Fontana moved: That the above communication from the Civil Service Division dated September 19, 2008, be received and filed; and That the Commissioner of Human Resources be, and she hereby is authorized on behalf of the City to enter into an Addendum to the Agreement with EB Jacobs, LLC for the Entry-Level Firefighter Final Interview process for Firefighter candidates. PASSED AYES - 9 NOES - 0 FROM THE BUFFALO SEWER AUTHORITY NO 41 ANNUAL REPORT 2006-2007 Dear City Clerk: Enclosed is the Buffalo Sewer Authority's 2006-2007 Annual Report for the fiscal year ended June 30, 2007. If you would like to update your information, or be removed from this mailing list, please e-mail: crile,/@sa.ei.buffalo.nv.us Thank you. Sincerely, BUFFALO SEWER AUTHORITY David P. Comerford General Manager COPY AVAILBALE IN THE CITY CLERKS OFFICE FOR REVIEW RECEIVED AND FILED FROM THE CITY CLERK NO 42 CITY OF BUFFALO BOARD OF ETHICS MEETING SEPTEMBER 23, 2008 Members: Douglas Coppola James Magavern Gerald Chwalinsk Richard Sullivan Alisa A. Lukasiewicz Eleanor Paterson Cavette Chambers Agenda: New Business: 1) Roll Call 2) Approval of Minutes 3) Status of Foil Request which was submitted to the Law Department regarding obtaining copies of Disclosure Reports submitted by all City Employees. Was there any further activity regarding this matter: 4) Filling the vacancy left by Sylvester Harold on the Board of Ethics Old Business: 1) City/State Code of Ethics (James Magavern) 2) Code of Ethics Handbook Project (Mr. Sullivan) City of Buffalo Board Of Ethics Meeting Minutes May 6, 2008 Members in Attendance: Douglas Coppola, James Magavern, Gerald Chwalinski, Richard Sullivan, Eleanor Paterson, Cavette Chambers 1. Roll Call 2. Approval of Minutes from the April 1, 2008 Board of Ethics Meetings 3. Updates regarding Disclosure Statements were provided – 100% compliance reported on behalf of all City Employees as well as any and all Board Members affiliated with the City of Buffalo Boards and Committees. 4. Ms. Chambers updated the Committee on the FOIL request which was submitted to the Law Department by individual requesting copies of all City of Buffalo employee Disclosures statements. This request was addressed by the Law Department via mail; however, this individual has failed to respond. Aside from a P.O. Box, no additional contact information was provided in the FOIL request. 5. Mr. Coppola Commented on the process for filling the vacancy left by Sylvester Harold. It was suggested that Ms. Castro contact George Zimmerman, an attorney with the firm of Schopp/Plscow (842-1225), located in the Brisbane Building to request a recommendation for the vacancy. Old Business: 1. the committee discussed the City / State Code of Ethics. A meeting is to be scheduled for this summer at Mr. Magavern’s office. 2. Mr. Sullivan will arrange a meeting in the Fall for purposes of drafting the Code of Ethics Handbook. With 100% compliance and no further business for the Disclosure process, we will tentatively schedule our next Board of Ethics meeting for September 23, 3008 at 9:00 am. Should anything be filed or matters arise beforehand, a meeting will immediately be scheduled. Adjourned. RECEIVED AND FILED NO 43 CERTIFICATE OF APPOINTMENT Appointment effective September 24, 2008 in the Department of Common Council, Division of City Clerk to the Position of Senior Council Clerk Permanent Promotional Maximum Starting Salary of $52,138. Laura Rucinski, 115 Dempster, Buffalo 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO 44 CERTIFICATE OF APPOINTMENT Appointment effective September 24, 2008 in the Department of Common Council, Division of City Clerk to the Position of Senior Council Clerk Permanent Promotional Intermediate Starting Salary of $50,378 Christine Lehner, 151 Villa, Buffalo 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO 45 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 601 Main Street SRAC Casual Dining, LLC SRAC Casual Dining, LLC RECEIVED AND FILED NO 46 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: Assessment and Taxation- Judith McCabe Public Works, Streets & Parks- Anthony Disarno Police- Deborah Daniel RECEIVED AND FILED. NO 47 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority RECEIVED AND FILED NO 48 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 9/29/08 in the Department of Common Council Division of City Clerk to the Position of Intern IX Seasonal, Non-Competitive Flat Starting Salary of $11.00 per hour. Linda M. Chwalinski, 15 Duluth, Buffalo 14216 NO 49 NOTICES OF APPOINTMENTS - SEASONAL/FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. CERTIFICATE OF APPOINTMENT Appointment Effective 9/22/08 in the Department of Public Works, Parks & Streets Division of Water to the Position of Water Service Worker, Seasonal, Appointment Flat Starting Salary of $11.11 per hour. Joseph Szczepanski, 210 Grote Street, Buffalo 14207 CERTIFICATE OF APPOINTMENT Appointment Effective 9/15/08 in the Department of Public Works, Parks & Streets Division of Streets to the Position of Laborer II, Seasonal, Appointment Flat Starting Salary of $11.11 per hour. Justin Sumbrum, 22 O’Connell Avenue, Buffalo 14204 CERTIFICATE OF APPOINTMENT Appointment Effective 9/16/08 in the Department of Public Works, Parks & Streets Division of Engineering to the Position of Laborer II, Seasonal, Appointment Flat Starting Salary of $11.11 per hour. James Linkowski, Jr., 189 West Woodside Avenue, Buffalo 14220 NO 50 APPOINTMENTS – TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE CERTIFICATE OF APPOINTMENT Appointment Effective 9/19/08 in the Department of Administration, Finance and Urban Affairs Division of Treasury and Collections to the Position of Teller, Temporary Appointment First Step Starting Salary of $31,391.76 Hannah Shaw, 31 Marine Drive Apt 10A, Buffalo 14202 CERTIFICATE OF APPOINTMENT Appointment Effective 9/19/08 in the Department of Administration, Finance and Urban Affairs Division of Treasury and Collections to the Position of Treasury Administrator, Permanent Promotion Minimum Starting Salary of $42,282.00 Mary Lou Helminiak, 10 Rebecca Park, Buffalo 14207 CERTIFICATE OF APPOINTMENT Appointment Effective 9/15/08 in the Department of Law to the Position of Assistant Paralegal Provisional Appointment Minimum Starting Salary of $34,471.00 Catherine Miller, 373 Eden Street, Buffalo 14220 CERTIFICATE OF APPOINTMENT Appointment Effective 9/17/08 in the Department of Public Works Division of Engineering to the Position of Engineer Inspector Provisional Appointment Minimum Starting Salary of $39,826 Phillip M. Pecoraro, 104 Santin Drive, Cheektowaga 14225 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO 51 JOHN BRY APPOINTED AS OPERATIONS DIRECTOR OF OLMSTED PARKS September 24, 2008 BUFFALO OLMSTED PARKS CONSERVANCY APPOINTS NEW OPERATIONS DIRECTOR Experienced historic preservationist with a capacity for community development will direct park operations staff at the area’s leading parks management organization. The Buffalo Olmsted Parks Conservancy recently appointed John Bry to the position of operations director. A native of Auburn, Indiana, Bry joined the Conservancy in early September. Mr. Bry is the founder of the Madden Company, a company that specializes in working with historic cemeteries. Additionally, he was eastern program coordinator of Pennsylvania Downtown Center in Harrisburg, Pennsylvania. Working largely with downtown and neighborhood revitalization efforts around the nation, Bry served as executive director of the Main Street Program in Champaign County, Ohio (Main Street Urbana), Columbus, Indiana (Main Street Columbus) and in Flora, Illinois (Flora Community Development Corporation/Main Street Flora). He is also on retainer to the largest branding firm in the U.S. and was involved in the implementation of the first comprehensive neighborhood revitalization program in the nation that was launched by the Commonwealth of Pennsylvania in 2005 on Elm Street. John Bry received a B.S. in Historic Preservation with an emphasis on Community Development, at Southeast Missouri State University and held an internship with the Indiana Department of Commerce and then Governor Evan Bayh. He is also a graduate of the Institute of Heritage Tourism for Illinois, and helped create two Heritage Tourism regions: One in Illinois and the other in Ohio. Bry has been active in preservation issues and “battles” in the Midwest in conjunction with the National Trust for Historic Preservation. Joy Testa Cinquino was recently appointed to director of institutional advancement. She served as the marketing and PR manager of the Conservancy for 6 years prior to her new position. Olga Gonzalez Nichols joined the Conservancy as development manager. She was most recently the advancement services manager at Houghton College in Houghton NY. Katie Rampino was promoted to the position of development & marketing coordinator. She joined the Conservancy in June 2007 as the Marketing assistant. 2008 marks the thirty-year anniversary of the Olmsted Parks Conservancy, a not-for-profit, membership-based community organization, with the mission to broaden awareness of, appreciation for, and investment in the Buffalo Olmsted Park System in order to enhance, restore and maintain this historic cultural treasure for the benefit of current and future generations. Listed on the National Register of Historic Places, the Olmsted system in Buffalo is the First of its kind in the nation designed by America’s greatest landscape architect, Frederick Law Olmsted. RECEIVED AND FILED NO 52 DR. E. BEVERIDGE-SPEECH RE HISTORICAL SIGNIFICANCE OLMSTED PARKS September 19, 2008 OLMSTED HISTORIAN AND SCHOLAR TO MAKE PRESENTATION Dr. Charles E. Beveridge comes to Buffalo on Nov. 12 The Buffalo Olmsted Parks Conservancy presents Charles E. Beveridge, noted Olmsted scholar and prolific author, on Wednesday, November 12 from 11:45 am – 1:15 pm at the Marcy Casino in Delaware Park. Dr. Beveridge will speak on the impact and historical significance of our beloved Olmsted Parks in Buffalo. “We are honored to have Charles Beveridge in Buffalo to share his extensive knowledge of the renowned landscape architect that created such a cultural gem in our city and in cities throughout the nation”, said Thomas Herrer-Mishler, president and CEO of the Buffalo Olmsted Parks Conservancy. “Frederick Law Olmsted left behind an exciting legacy and there is no one better than Dr. Beveridge to present it to us.” Charles Beveridge is Series Editor of the Papers of Frederick Law Olmsted, the historical editing project sponsored by the National Association for Olmsted Parks, that is preparing a twelve-volume edition of Olmsted’s writings and landscape plans. Eight volumes of the series have been published thus far by Johns Hopkins University Press. An American social and urban historian, Dr. Beveridge received an AB (Magna cum laude) from Harvard College and an MA and PhD from the University of Wisconsin. He is a founding member and member of the Leadership Council of the National Association for Olmsted Parks. Dr. Beveridge is also the author, in collaboration with photographer Paul Rocheleau, of the award-winning book Frederick Law Olmsted: Designing the American Landscape. He has received numerous awards for his work including the Olmsted award of Historic Massachusetts, the Garden Club of America’s medal for historic preservation, the Olmsted medal of the American Society of Landscape Architects, and honorary membership in the ASLA. Ticketing details: Tickets are $35 for Conservancy members and $40 for non-members. Sponsor a table of 8 for 4350. Prices include lunch and presentation. Please call (716)838-1249 ext. 31 by November 5 to Purchases tickets. The Guest Speaker Luncheon is supported by M&T Bank and WBFO 88.7 2008 marks the thirty-year anniversary of the Olmsted Parks Conservancy, a not-for-profit, membership-based, community organization, with the mission to broaden awareness of , appreciation for, and investment in the Buffalo Olmsted Park System in order to enhance, restore and maintain this historic cultural treasure for the benefit of current and future generation. A national treasure, the Olmsted System is the first of its kind in the nation designed by America’s greatest landscape architect, Frederick Law Olmsted. Listed on the National Register of Historic Places, Buffalo’s Olmsted Pars are frequented by millions annually. RECEIVED AND FILED NO. 53 NYSDEC FUNDING FOR PROJECTS ERADICATION OF INVASIVE SPECIES Dear Applicant/Interested Party: On behalf of Governor Paterson and Commissioner Grannis, I am pleased to announce the availability of funds for projects to eradicate terrestrial invasive species from the ecosystems of New York State. A total appropriation of up to $1,000,000 has been made available to New York State Department of Environmental Conservation in State Fiscal Year (SFY) 2008 for eradication grants through the State Environmental Protection Fund (EPF). No individual grant will be awarded for less than the minimum amount of $2,500 or exceed the maximum amount of $100,000. New York State may reimburse up to one-half of an approved project's total cost. Acceptable projects are proposals to destroy and/or permanently remove invasive plants or animals from lands, water bodies or wetlands in New York State. Projects that remove only a portion of the total population of a target species are eligible for consideration. However, projects that do not have as their main objective the significant or long-term removal of a target species would not be eligible for funding assistance. Please use the enclosed "Terrestrial Invasive Species Eradication Grant Program Applications and Instructions" to apply for funding assistance for these projects. The Applications and Instructions document can also be viewed and downloaded from the NYSDEC website at http://www.dec.ng.gov/animals/33358.html. Copies can also be requested by mail, e-mail or telephone. For further information or to request an application for terrestrial grants, contact: The Aquatic Invasive Species Eradication Grant Program will be announced later this year. Applications for Terrestrial Invasive Species Eradication Grants must be postmarked no later than Friday, October 31, 2008. Please note that no hand-delivered or facsimile (FAX) applications will be accepted. We look forward to working with you to protect, preserve, and restore our environment through these funding programs. RECEIVED AND FILED NO. 54 B. DAVIS-WAIVING FEES FOR DEMOLITION AT 431 BUSTI AVE Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council session to be held Tuesday, September 30, 2008. Thank you in advance for your assistance with this matter. Per our previous discussion regarding the emergency demolition of 431 Busti Avenue, please be advised that I recommend that the cost of the demolition to the owner be waived by your honorable body. Before the fire took place, I had been working with the owner to get some financial assistance for her home repairs because she was in housing court and had no apparent means to pay for them. We explored a number of fiscal assistance programs, to no avail. If you have any questions, please call me at 851-4972. Sincerely, James Comerford Jr. Deputy Commissioner REFERRED TO THE COMMITTEE ON FINANCE NO. 55 B. DAVIS INTERSECTION OF EDWARD STREET AND ELMWOOD STREET TO BE CHANGED TO TWO WAY TRAFFIC Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council session to be held Tuesday, September 30, 2008. Thank you in advance for your assistance with this matter. I am the owner of the property at the intersection of Edward and Elmwood, consisting of the former Immaculate Conception Church, the rectory, and the school building now used by the Buffalo Board of Education. The short stretch of Edward Street between Virginia and Elmwood is currently restricted as a one-way thoroughfare heading west. There is a clear need to change this thoroughfare to allow two-way traffic so that Elmwood can be accessed from the property. Because the property is located directly at the intersection, drivers often exit the property traveling east on Edward for the short distance to Elmwood without realizing that they are going directly against permitted traffic flow. For safety's sake, as well as convenience to the invitees of the property, I would urge you to consider this revision. Please inaugurate this request and present the same to any party whose approval may be required. Please let me know whatever I can do to assist in this effort. Your attention to this matter will be greatly appreciated. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 56 PHASE I ENVIRONMENTAL SITE ASSESSMENT PHASE II INVESTIGATION KILLIAN TRUCKING - CATHERINE STREET CITY OF BUFFALO, ERIE COUNTY We are in receipt of the Phase I and Phase II done for the Killian Trucking site proposed for use of the ice boom. After a cursory review by this office, we offer the following comments: r 1. If adjustments are made to the elevation of the site (especially filling), the project sponsor will have to apply foa Flood Plan Development Permit from the City of Buffalo as the shoreline part of the site is within the 100 Year Flood Plain. Please contact the City for a permit application. 2. Please be aware that if there are to be any buildings either demolished/renovated, there is a possibility of asbestos being present. The protection of workers is regulated by the New York State Department of Labor (716/847-7126) and Occupational Safety and Health Administration (OSHA) 716/684-3891 and they should be contacted. In addition, the disposal of friable (readily crumbled and brittle) asbestos is regulated by this Department under 6 NYCRR Part 360-2.17(p). For more information on the disposal of friable asbestos, please contact Mr. Mark Hans (716/851-7220) at this Department. 3. The presence of elemental mercury and/or lead in buildings being renovated/demolished is also a concern to the Department. Mercury is found in many different common items such as fluorescent lights and electrical switches, while lead is mainly found in older paints (pre-1980). For guidance on the proper handling and disposal of mercury and/or lead, please contact Mr. Thomas Corbett of this Department (716/851-7220) or email the Department's Mercury Task Force (dshmwrr@qw.dec.state.ny.us). 4. This site is located in an area where there has been a number of previous spills and chemical releases. While there are no environmental issues at this site, it would be beneficial to contact Mr. Dan King of this Department's Division of Environmental Remediation, Spills Unit, at 716/851-7220 before proceeding with any future development of this property. There are tanks on the property that are no longer in use. If there is a need to remove them, please contact Ms. Andrea Skalski in our Petroleum Bulk Storage (PBS) Unit at 716/851-7220 for any assistance in this regard. Even though the proposed Catherine Street site is located unfavorably for the storage, maintenance and operational movements of the ice boom, the site will probably be acceptable from the standpoint of contamination. However, since the proposed site seems to be located in the middle of such a highly industrial and chemical infused business area, we agree that an Environmental Assessment may be a good idea. While the assessment may reveal nothing, it would be better to error on the side of caution. Should you have any questions, please contact this office at 716/851-7165. RECEIVED AND FILED NO. 57 E. HARRIS-REQUEST MARINE DR COUNCIL BE NOTIFIED OF FUTURE CC AND W/FRONT MEETINGS THAT INVOLVE DISCUSSION OF MARINE DR By virtue of this letter we are requesting that the Marine Drive Resident Council be notified of any future Common Council and Waterfront Committee meetings that have the Marine Drive Apartments on their agendas. The Marine Drive Resident Council is the only recognized body that represents the residents of Marine Drive and, as such, we believe that a member of our Resident Council should be present at any of the meetings that involve discussion of Marine Drive. It appears that only a few residents are notified of these meetings and unfortunately they do not represent anyone except themselves. The entire association of the Marine Drive residents is represented by the elected building representatives. I can be reached at (716) 847-0009 if you have any questions regarding our request. My address is 161 Marine Drive, Apartment 4B, Buffalo, N.Y. 14202 Thank you for your consideration in this matter. RECEIVED AND FILED NO. 58 COB COMMUNITY CENTER LEASE AGREEMENTS Dear Mr. Chwalinski, Please file the attached document for the upcoming Common Council Session to be held on September 30, 2008. Thank you in advance for your assistance in this matter. Attached available for review in The City clerk’s Office REFERRED TO THE COMMITTEE ON FINANCE NO. 59 M. KEARNS-J. HAWTHORN-INVITATION SINGLE STREAM RECYCLING PLANT Michael P. Kearns South District Council Member Dear Councilmember Kearns and Colleagues, Scott Jabel of Van Dyk Baler Corporation and I would like to formally invite you to visit a Single Stream Recycling plant near Baltimore Maryland that uses the same technology as we are proposing in Buffalo. A visit to this plant will demonstrate the technology we intend to use and give you a direct experience on the absence of noise and odor concerns that have been raised by you and some of the neighboring residents. We are very confident that this visit will give you the information you need to make an informed decision on behalf of the citizens of Buffalo. th The tour is scheduled for Thursday morning September 25and should last a couple of hours. The facility is 30-45 minutes away from the Baltimore-Washington DC area. Scott and I would propose picking up the team at 8:00am at their hotel. Please don't hesitate to contact me if you have any questions. Sincerely, John Hawthorne Buffalo Recycling Enterprises 586-747-2366 RECEIVED AND FILED NO. 60 D. ADAMS-LEGAL AID BUREAU MONTHLY REPORT Dear Chairperson Davis, Enclosed please find a copy of our Monthly Report and Monthly Activity Report for August 2008. Please feel free to call me at 853-9555 Ext. 453, or our Housing Attorney, Sherree Meadows, at 853-9555 Ext. 555, if you have any questions. Enclosures Available for review in the City clerk’s Office RECEIVED AND FILED NO. 61 D. SMITH-NEWS ARTICLE CITY MANAGER Dear Mr. Chwalinski: Please late file the enclosed article to Council Member Franczyk regarding the city manager idea. Thank you for your attention to this matter. If there is any a question or concerns, please do not hesitate to contact me directly. Masten District Council Member Article available for review in The City Clerk’s Office REFERRED TO THE COMMITTEE ON LEGIS~TION. NO. 62 D. SMITH-ESTABLISH PARKS ADVISORY COMMITTEE Dear Mr. Chwalinski: Please late file the enclosed letter to Council Member Franczyk regarding a Parks Advisory Committee. Thank you for your attention to this matter. If there is any questions or concerns, please do not hesitate to contact me directly. Dear Mr. Franczyk: Erie County has sent the City notice to terminate the Parks Agreement between both municipalities. According to the Legislation either municipality can opt out of the agreement with a year notice. We are quickly approaching the year notification and as far as I am aware there has been little conversation regarding a new Parks Agreement. As Chair of the Finance and Management of the Erie County Legislature, I was very involved in the approval of the Parks agreement that saved the City millions of dollars. Due to my familiarity with the Parks Agreement, I request to be appointed to Chair a Parks Advisory Committee with the specific task of working out a new parks agreement with Erie County, the City of Buffalo and the Olmsted Parks Conservancy. Thank you for your attention to this matter. If there are any questions or concerns please do not to contact me directly. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 63 D. SMITH-REQUEST CHANGE TO CHAPTER 150 DANCES AND DANCE HALLS Dear Mr. Chwalinski: Please late file the enclosed change to Chapter 150, Dances and Dance Halls. I am requesting this item go to the Legislation Committee. Thank you for your attention to this matter. If there is any questions or concerns, please to contact me directly. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 64 D. SMITH-REQ ORDINANCE EVICYION FOR ILLEGAL DRUG USE AND POSSESSION Dear Mr. Chwalinski: Please late file the enclosed Ordinance by the Common Council of the City of Ithaca regarding Evection for Illegal Drug Use and Possession. I would like for lawmakers to take particular note of section 177-5 regarding multiple convictions; this change would help the Save our Streets Taskforce. I am also requesting Corporation Council draft a change in our City Ordinance to reflect the same. Also included is Zorn and the City of Ithaca vs. Howe that upholds the municipal ordinance by the New York State Supreme Court. I am requesting this item go to the Legislation Committee to discuss with the intention of passing an ordinance at the next meeting of the Common Council. REFERRED TO THE COMMITTEE ON LEGISLATION REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 65 APPT SPECIAL ASST TO COMMISSIONER OF EDPI(PROV)(MAX)(IVLARCY)(EDPI) (CCP# 38, 09/16) That the above item be the same and hereby is Received and Filed ADOPTED NO. 66 NOTICES OF APPOINTMENTS-TEMP/PROV/PERM(CTY CLK) (CCP# 43, 9/16) That the Above item be the same and is hereby Received and Filed. ADOPTED FINANCE (MICHAEL P. KEARNS, CHAIRMAN) NO. 67 RESPONSE AUDIT MAYOR'S IMPACT TEAM (CIT SERV) (CCP# 4, 9/16) That the Above item be the same and is hereby Received and Filed. ADOPTED NO. 68 CONTRACT EXTENSION - INTERMUNICIPAL AGREEMENT BETWEEN THE CITY AND THE COUNTY OF ERIE MUNICIPAL WASTE REDUCTION AND/OR RECYCLING PROJECT (ITEM NO. 16, C.C.P., SEPT. 16, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Mayor be, and he hereby is authorized to enter into the contract extension, renewing the Intermunicipal Agreement between the City and the County of Erie for Municipal Waste Reduction and/or Recycling Project for an additional one (1) year in compliance with the Intermunicipal Agreement, Article IV, as attached to the above communication. PASSED AYES - 9 NOES - 0 NO. 69 J. CAMPOLONG-MONTHLY REPORT FOR THE BUFFALO WATER BOARD (CCP# 44, 9/16) That the Above item be the same and is hereby Received and Filed. ADOPTED NO. 70 D. SMITH-CLARIFY BUDGET REQUEST FOR MARTIN LUTHER KING JR. PARK (CCP# 53, 9/16) That the Above item be the same and is hereby Received and Filed. ADOPTED COMMUNITY DEVELOPMENT (MICHAEL J. LOCURTO, CHAIRMAN) NO. 71 NYSDOT-NOTICE OF DESIGN APPROVAL NY ROUTE 33 That the above item be the same and hereby is Received and Filed. ADOPTED NO. 72 YEAR 33 COMMUNITY DEV QUARTERLY REPORTS (2/1/08-4/30/08)(C0MM SERV) (#47, 9/2) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 73 M. KEARNS-S BANKO-ASSISTING THE CITY IN IMPLEMENTING AN ATTACK ON BLIGHTED PROPERTIES IN OUR NEIGHBORHOODS (#67, 9/2) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 74 H. GARRETT-WEST SIDE COMMUNITY COLLABORATIVE-RE DEMO OF WHITE BROS, LIVERY & BOARDING STABLE (#56, 6/24) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 75 ADDRESSING VACANT PROPERTIES AS A REGIONAL ISSUE (ITEM NO. 102, C.C.P., DEC. 12, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the above-mentioned item be and the same is hereby received and filed. ADOPTED LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRMAN) NO. 76 M. AGHA, PETITION TO USE 1175 HERTEL AVENUE - ALTER EXISTING RESTAURANT FROM A TAKE-OUT TO A SIT-IN (ITEM NO. 54, C.C.P., SEPT. 16, 2008) That after the public hearing before the Committee on Legislation on September 23, 2008, the petition of M. Agha, owner, for permission to extend a restricted use restaurant at 1175 Hertel Avenue from a take-out restaurant and food store to a sit-in restaurant and food store be, and hereby is approved. PASSED AYES - 9 NOES - 0 NO. 77 APPOINTMENT MEMBER TO THE CITIZENS' RIGHTS AND COMMUNITY RELATIONS (ITEM NO. 2, C.C.P., SEPT. 16, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the appointment of Kenneth A. Simmons, residing at 7 Eller Street, to the Citizens' Rights and Community Relations Board, for a three year term, commencing immediately and expiring August 31,2011, is hereby approved on the condition that he does not owe any outstanding liens to the City of Buffalo. PASSED AYES - 9 NOES - 0 NO. 78 J. BATTAGLIA, PETITION TO USE 266 HOPKINS STREET TO EXPAND AN EXISTING RECYCLING CENTER (ITEM NO. 84, C.C.P., SEPT. 2, 2008) (ITEM NO. 107, C.C.P., SEPT. 16, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That after the public hearing before the Committee on Legislation on September 9, 2008, the petition of J. Battaglia, agent, for permission to expand an existing recycling center at 266 Hopkins Street for license pursuant to §263-27 are hereby approved upon the following conditions: 1. A new landscaping plan showing installation of a berm along Hopkins Street. 2. High density plantings on top of and along the berm on Hopkins Street 3. Plantings and landscaping along the Tifft Street truck entrance to the facility 4. The applicant will surrender the current C&D license currently in place 5. No C&D license can be applied for in the future 6. GLR will make available a phone number for neighbors to call with any concerns or complaints 7. No outdoor storage of materials will be permitted on any portion of the site. 8. All trucks will enter and exit from Tift Street 9. Buffalo Recycling Enterprises (BRE) will make available a phone number and email address for neighbors to call with any concerns or complaints 10. Buffalo Recycling Enterprises (BRE) will guarantee odor mitigation measures if deemed necessary 11. Delivery trucks will not idle at any time on City Streets, while waiting to drop off or pick up materials PASSED AYES - 9 NOES - 0 NO. 79 B. DAVIS-C. BROWN & OTHERS-REQUEST FOR CHANGES IN TRAFFIC CONTROLS ON HUDSON ST/OR PLYMOUTH (CCP# 89, 9/2) That the Above item be the same and is hereby Referred to the Special Committee on Police Oversight ADOPTED NO. 80 LANDMARK DESIGNATIONS - "PAN AM HOUSE", "HEATH HOUSE", "DAVIDSON HOUSE" AND "ELMWOOD PARK AND FORMER SCHOOL 46 LOCATED AT 386 VIRGINIA STREET" (ITEM NO. 3, C.C.P., SEPT. 2, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 81 ELMWOOD VILLAGE - THEIR DESIGN STANDARDS IN THE CHARTER (ITEM NO. 51, C.C.P., APR. 1, 2008) (ITEM NO. 124, C.C.P., SEPT. 2, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the above item be recommitted to the Committee on Legislation. ADOPTED NO. 82 THE ESTABLISHMENT OF ELMWOOD AVENUE DESIGN GUIDELINES (ITEM NO. 101, C.C.P., MAY 29, 2008) (ITEM NO. 127, C.C.P., SEPT. 2, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the above item be recommitted to the Committee on Legislation. ADOPTED NO. 83 J WAYSHNER & O-SECURITY CAMERA PETITION FROM COTTAGE ST BLOCK CLUBPLYMOUTH (CCP# 68, 6/24) That the Above item be the same and is hereby Referred to the Special Committee on Police Oversight ADOPTED NO. 84 S. RADFORD-ISSUES OF POLICE BRUTALITY (CCP# 63, 6/24) That the Above item be the same and is hereby Referred to the Special Committee on Police Oversight ADOPTED NO. 85 B. DAVIS-C. RODRIGUEZ-INTRODUCTION OF MANDATE OF CITY'S COMM. ON CITIZENS RIGHTS AND COMMUNITY RELATIONS (CCP# 37, 6/10) That the Above item be the same and is hereby Referred to the Special Committee on Police Oversight ADOPTED NO. 86 ST THE NEED FOR A GREATER POLICE PRESENCE IN COB (EXC 1RES) (CCP# 113,4/29) That the Above item be the same and is hereby Referred to the Special Committee on Police Oversight ADOPTED NO. 87 UTILIZING CRIMEREPORTS .COM/CRIME PREV (CCP# 115,4/15) That the Above item be the same and is hereby Referred to the Special Committee on Police Oversight ADOPTED SPECIAL COMMITTEES WATERFRONT DEVELOPMENT MICHAEL R KEARNS CHAIRMAN NO. 88 M. KEARNS-NYSDEC -LEHIGH VALLEY RAILROAD (CCP# 71, 9/2) That the above item be the same and hereby is Received and Filed ADOPTED NO. 89 K. LEWANDOWSKI-LEHIGH VALLEY RAILROAD-110 FUHRMANN BLVD (CCP# 75, 9/2) That the above item be the same and hereby is Received and Filed ADOPTED NO. 90 K. LEWANDOWSKI-LEHIGH VALLEY RAILROAD-110 FUHRMANN BLVD (CCP# 54, 5/27) That the above item be the same and hereby is Received and Filed ADOPTED NO. 91 B. DAVIS-USING COL WARD PUMPING STATION FOR BFLO MARITIME MUSEUM (CCP# 57, 4/29) That the above item be the same and hereby is Received and Filed ADOPTED NO. 92 FEMA-FINAL FLOOD ELEVATION DETERMINATION (CCP# 59, 4/29) That the above item be the same and hereby is Received and Filed ADOPTED NO. 93 NYSDEC-NATIONAL FLOOD INSURANCE PROGRAM (CCP# 64, 4/29) That the above item be the same and hereby is Received and Filed ADOPTED NO. 94 D. KAMINSKI-BUFFALO SOUTHTOWNS CONNECTOR PROJECT (CCP# 41, 6/10) That the above item be the same and hereby is Received and Filed ADOPTED NO. 95 M. KEARNS-ARTICLE BOULEVARD ALTERNATIVE WOULD GIVE BFLO A GREAT PLACE (CCP# 62, 3/4) That the above item be the same and hereby is Received and Filed ADOPTED NO. 96 SOUTHTOWNS CONNECTOR PROJECT(EXEC L1ST, 2ND & 3RD RES) (CCP# 117, 10/16) That the above item be the same and hereby is Received and Filed ADOPTED NO. 97 REQUEST MORE INFORMATION FROM NYSDOT IN REGARDS TO THE SOUTHTOWNS CONNECTOR N~ PROJECT (EXC 2RES) (CCP# 150, 9/4) That the Above item be the same and is hereby Received and Filed ADOPTED NO. 98 M. KEAMS-M. DABNEY-FEMA PROGRAM TO UPDATE FLOOD INS MAP (#46,10/30) (CCP# 60, 11/13) That the above item be the same and hereby is Received and Filed ADOPTED RESOLUTIONS NO. 99 BY: COUNCILMEMBER DAVIS SET PUBLIC HEARING SYCAMORE VILLAGE SUBDIVISION 385, 415, 419, 423 SYCAMORE AND 12, 19 SYDNI WHEREAS, the City of Buffalo Urban Renewal Agency and six (6) individual homebuyers have negotiated Purchase Contracts for six (6) homes in the Sycamore Village Subdivision; and; and WHEREAS, the terms of said Purchase Contracts have been approved by the City of Buffalo Urban Renewal Agency; and WHEREAS, Article 15A of the "General Municipal Law" requires that the disposition of land may be approved only after a public hearing with due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 4th day of October 2008. 2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the 14th of October 2008. ADOPTED NO. 100 BY: COUNCILMEMBER DAVIS APPROVAL TO TRANSFER SIX (6) HOMES IN SYCAMORE VILLAGE SUBDIVISION WHEREAS, the City of Buffalo Urban Renewal Agency has approved the transfer of six (6) homes in the City of Buffalo Sycamore Village Subdivision to six (6) individual homebuyers; and WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2(d) of the ~ "General Municipal Lawand NOW, THEREFORE, BElT RESOLVED: 1. That the Mayor, the Chairman, Vice-Chairman, or any officer of the City of Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other documents necessary to convey lands to the following purchasers which is subject to approval of Agency Legal Counsel: Purchaser Address/Sub Lot Sales Price Natalie White 385 Sycamore St $201,765.00 Lot 3 Latisha Baron 415 Sycamore St. $211,261.00 Lot 6 Kevin and Linda Beck 419 Sycamore St. $206,787.00 Lot 7 Pheland and Lorraine Floyd 423 Sycamore St. 212,348.00 Lot 8 Charles Glover 12 Sydni Lane $211,861.00 Lot 7 Leroyal Jr and Jacqueline Watts19 Sydni Lane $205,827.00 Lot 14 REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 101 SPONSOR: MR. DAVIS SHIFT OF OPERATION INTO AN EMPIRE ZONE Whereas: The Martin Group, LLC, which is wholly owned and operated by Tod Martin, has been an advertising and marketing firm located on the second floor of the First Niagara (formerly Greater Buffalo Savings Bank) at 47 Court Street since 2001 ; and Whereas: The Martin Group currently employs 17 full-time professionals with two full-time equivalents; all of whom are residents of the City of Buffalo or its environs; and Whereas: Due to a steady growth in business and the need for the additional staff and more office space, The Martin Group deems it necessary to relocate; and Whereas: The Martin Group had met with members of the Buffalo Economic Renaissance Corporation in order to identify a desirable location within a City of Buffalo Empire Zone; and Whereas: The Martin Group will relocate to 477 Main Street, which is located within a City of Buffalo Empire Zone; and Whereas: The zone property owner will be 477 Main Street, LLC which is wholly owned and operated by Tod Martin. Now, Therefore, Be It Resolved: That the City of Buffalo consents to the relocation of The Martin Group from 47 Court Street to 477 Main Street, which is located in a City of Buffalo Empire Zone. PASSED AYES - 9 NOES - 0 NO. 102 BY: MR. FONTANA ENDORSEMENT OF THE CITY OF BUFFALO'S APPLICATION FOR BUFFALO AND ERIE COUNTY STANDING COMMITTEE GRANT FUNDING Whereas: The NYS Power Authority Relicensing Settlement funds are available for projects promoting the Niagara River Greenway; and Whereas: The City of Buffalo's Department of Public Works has submitted an application requesting $625,000 for enhancements at Times Beach on the Buffalo Outer Harbor; and Whereas: There are no City matching funds needed for this project; and Whereas: The application process requires an approval or endorsement of the governing body, consultation with the Erie County Greenway Commission and application to the Buffalo and Erie County Standing Committee; and Now, Therefore, Be It Resolved That: the Buffalo Common Council does hereby endorse the City of Buffalo's application for $625,000 in enhancements at Times Beach on the Buffalo's Outer Harbor and does hereby authorize all other actions required or needed to receive the grant, and BE It Finally Resolved That: the City Clerk is hereby directed to send a copy of this resolution to Mayor Byron W. Brown and to the Commissioner of Public Works Stephen Stepniak for executing all necessary documents for this application. PASSED AYES - 9 NOES - 0 NO. 103 BY: MR. FRANCZYK BROADWAY MARKET ADVISORY TASK FORCE WHEREAS: The Broadway Market Management Corporation's (BMMC) vote to terminate its management of the Broadway Market effective October 31, 2008, affords the city a golden opportunity to strengthen and invigorate the Market with effective new stewardship; and, WHEREAS: Recognizing the Broadway Market's extremely important historic role in Buffalo, the Mayor, his staff and Common Council, have been working diligently to bring about positive change to this important city and regional asset; and WHEREAS: Individuals who have expertise in the food industry, business, marketing and community organizing have demonstrated passionate interest to "re-imagine" the Broadway Market as volunteers, as well as expressing a wish to serve on a Broadway Market Advisory Task Force. NOW THEREFORE BE IT RESOLVED: To help the Mayor and Common Council in their efforts to chart a better course for the Broadway Market, I am appointing the following citizens to the Broadway Market Advisory Task Force. Drew Cerza - Organizer, Buffalo's Annual Chicken Wing Festival 4595 Greenbriar Road Williamsville, N.Y. 14221 Kristen Armstrong - M.A. in Public Health Policy from Johns Hopkins, thesis entitled "Food Policy in Buffalo Public Schools." Developed pilot program to grow vegetable gardens on vacant lots. 74 Edward Street Buffalo, N.Y. 14202 Ike Gray - Owner and Proprietor Ike and BG's BBQ Restaurant 1646 Genesee Street Buffalo, N.Y. 14212 Russell Pawlak- Former President Central Terminal Restoration Corporation, current member Buffalo Preservation Board 1290 Delaware Avenue Buffalo, N.Y. 14209 Thomas Pleban - Vice President, Calspan Corporation 10 Copper Heights Snyder, N.Y. 14226 Bobby Horton - owner and Proprietor Subway Restaurant, William Street, Buffalo 356 Carleton Street Buffalo, N.Y. 14204 Amy Kedron - M.A. African Studies, Columbia University. Ph.D. candidate, UB, conducted two-year study on local economic revitalization. National Member of Business Alliance for Local Living Economies. 371 Crescent Avenue Buffalo, N.Y. 14214 Edward Dobosiewicz - Host of nationally syndicated television program "Off Beat Cinema", Co-organizer Annual Buffalo Dyngus Day Parade 170 Woodward Avenue Buffalo, N.Y. 14214 Steven H. Siegel - Associate Professor, Niagara University College of Hospitality and Tourism Management. 489 Ellicott Street Apt 4 Buffalo, N.Y. 14203 Erwin Rakoczy - helped develop Winter Market on Elmwood Avenue and Hertel Farmers Market on Delaware. Manager of Fund Raising events, Brewfest, Wine and Cider Fest, Oktoberfest, Dyngus Day festival. Board Member, Clarence Hollow Farmers Market. 4850 Ransom Road Clarence, N.Y. 14031 Scott Hordgan - Business Controller, former Manager of Corporate Development and Financial Analyst, Wilson Greatbatch, Inc. 63 Barker Square Buffalo, N.Y. 14209 Ralph M. Visano - Attorney, New York State Insurance Fund 310 Downing Street Buffalo, N.Y. 14220 Sandra Simpson - Simpson Tax Services, Broadway Market 999 Broadway Buffalo, N.Y. 14212 Irene Wosczak - Broadway Optical, Broadway Market 999 Broadway Buffalo, N.Y. 14212 Michele Lupas - Lupas Meats, Broadway Market 999 Broadway Buffalo, N.Y. 14212 Chris Byrd - Broadway-Fillmore Alive 442 Campus Drive Snyder, N.Y. 14226 Eileen Nowak- Vice President Broadway Area Business Association (BABA), past Broadway Market President 8591 Greenway Court East Amherst, N.Y. 14051 BE IT FURTHER RESOLVED: That the Broadway Market Advisory Board report its findings and recommendations to the Common Council within thirty days. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 104 BY: MR. GOLOMBEK REQUEST TO HANG BANNER ON BIDWELL & ELMWOOD Whereas: The Buffalo & Erie County Historical Society will be celebrating a new exhibit named Shaking Hands and Kissing Babies; and Whereas: The Buffalo & Erie County Historical Society has shared the stories of Westem New York, from the ordinary to the extraordinary since 1862; and Whereas: The Buffalo & Erie County Historical Society has requested to hang a banner approximately two and half feet (2 ½ ') wide by twenty five (25') long; and Whereas: Sign Crafter has been chosen to provide the banner and the respective installation; and Whereas: The banner will hang over Elmwood Avenue and will be attached to Car6 Aroma and the light pole in front of McGarrets located just south of the intersection of Elmwood Avenue and Bidwell Parkway; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo hereby requests that the Department of Public Works, Parks and Streets grant the necessary permission to The Buffalo & Erie County Historical Society to install banners near the intersection of Elmwood Avenue and Bidwell Parkway from October 10, 2008 to January 10, 2009. ADOPTED NO. 105 BY MR. GOLOMBEK COUNCIL MANAGER FORM OF GOVERNMENT FOR THE CITY OF BUFFALO WHEREAS, public officials, at all levels of government, have the responsibility of providing effective public services at the least possible cost to the taxpayers; and WHEREAS, the organization structure of government, especially at the local level, where vital, basic services are most often delivered, has a direct relationship to how efficiently those same public services are offered and delivered; and WHEREAS, while the council-manager form of government is used in 58% of all United States cities with populations over 100,000, Standard & Poor's has documented the fact 62% of cities with similar populations have an Aaa credit rating; and WHEREAS, the National Civic League has endorsed the council-manager form of government as the preferred form of governance in its model city charter since 1915. WHEREAS, the council-manager form of government models the most effective and efficient private sector organizational structure; combining strong political and leadership of elected officials with strong managerial experience of a professional manager, appointed on the basis of education and experience in managing local government, serving as Chief Executive Officer to implement policy directives of the Council. NOW, THEREFORE, BE IT RESOLVED; the City of Buffalo Common Council does hereby support the creation of a panel of public and private sector representatives to research the adoption of a council-manager form of government for the City of Buffalo, and BE IT FURTHER RESOLVED; The city of Buffalo Common Council recommends the President of the City Council develop a listing of individuals to serve on the Council-Manager Task Force, requesting such names from various elected officials and organizations; for example, the Center for Governmental Research; Syracuse University's Maxwell School of Citizenship and Public Affairs; the Mayor of the City of Buffalo; the International City/County Management Association; the New York State City/County Management Association; the Buffalo Niagara Partnership to mention a few; and BE IT FURTHER RESOLVED; the President of the Common Council of the City of Buffalo will submit this list to the Common Council, who will select 9-11 individuals to serve on the Council-Manager Task Force, with the understanding this body will prepare a detailed report to the Common Council by a date certain or about January 1, 2009. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL NO. 106 BR MR. GOLOMBEK EXPLORING ALTERNATE FORMS OF GOVERNMENT FOR THE CITY OF BUFFALO WHEREAS: The City of Buffalo has had its present form of government since the Kenefick Charter Commission of 1927; and Whereas The Charter of 1927 was a direct result of a desire to reform government in the City of Buffalo; and Whereas Since that time a strong mayor form of government has existed in the City of Buffalo; and Whereas The City of Buffalo finds itself with a Control Board overseeing our finances, HUD noting irregularities in our CDBG practices and an increased alienation of our citizens which can be seen by the declining percentage of voters/citizens participating in the election process at all levels of government; and Whereas Government and Politics are so intertwined in the City of Buffalo that we now live in a region that has lost hope for our future, NOW THEREFORE BE IT RESOLVED: That this honorable body begins looking at other ways to manage city government including but not limited to a City Manager type of Government in its various forms, and that this item be referred to an appropriate Committee of the Council for further discussion. REFERRED TO THE COMMITTEE ON ~ LEGISLATION: AND CORPORATION COUNSEL NO. 107 BY: MR. KEARNS TRANSFER OF FUNDS COMMON COUNCIL - LEGISLATIVE That pursuant to §20-12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $6,500 be and the same is hereby transferred from the City Clerk and said sum is hereby reappropriated as set forth below: From: City Clerk 10220006 -432004 Engineering & Technical Services $6,500 To: Inventory & Stores 11781006 -444201 Rental Equipment & Vehicles PASSED AYES - 9 NOES - 0 NO. 108 BY MRS RUSSELL BUDGET AND PERSONNEL AMENDMENT 21 - DEPARTMENT OF FIRE 1131 - ADMINISTRATION The Common Council of the City Of Buffalo does ordain as follows: That part of Section I of Chapter 35 of the Code of the City of Buffalo, relating to 21 - Department of Fire, 1131 - Administration which currently reads: - 1 Administrative Assistant $37,648-$42,994 Is hereby amended to read: 1 Senior Administrative Assistant $43,799-$50,664 IT IS HEREBY CERTIFIED, that a personnel requisition incident to the creation of the above-mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position MICHAEL LOMBARDO, COMMISSIONER OF FIRE AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. MICHAEL LOMBARDO COMMISSIONER OF FIRE DONNA J. ESTRICH DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE PASSED AYES - 9 NOES - 0 NO. 109 BY: MS. RUSSELL BUDGET AND PERSONNEL AMENDMENT 65 - DEPARTMENT OF ECONOMIC DEVELOPMENT, PERMITS & INSPECTIONS 1150 - HOUSING & INSPECTIONS The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 65 - Department of Economic Development, Permits & Inspections, 1150-Housing & Inspections which currently reads: 1 Senior Coordinator of Permits $ 50,000 Is hereby amended to read: 1 Director of Housing & Inspections $65,178 IT IS HEREBY CERTIFIED, that a personnel requisition incident to the creation of the above-mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position BRIAN REILLY, COMMISSIONER OF ECONOMIC DEVELOPMENT, PERMITS & INSPECTIONS AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. BRIAN REILLY COMMISSIONER OF ECONOMIC DEVELOPMENT, PERMITS AND INSPECTIONS DONNA J. ESTRICH DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE PASSED AYES - 9 NOES - 0 NO. 110 BY MR. SMITH FELICITATIONS/IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Capt. Dydney Cole By Councilmember Michael P. Kearns ADOPTED NO. 111 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31, 2008, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo Luis A. Reyes TOTAL 1 ADOPTED NO. 112 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONER OF DEEDS That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2008, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: • Daleylah D. Alhaqq Total: 1 ADOPTED UNFINISHED BUSINESS NO. 112 BY MR. DEMONE SMITH LL INTRO # 5-AMEND CHARTER IN RELATION TO AREAS OF SPECIAL FLOOD HAZARD WITHIN THE COB (#2,7/30) CCP# 156, 7/22/08 Mr. Fontana moved that the above item betaken from thetable. Seconded by Mr. Kearns CARRIED RECEIVED AND FILED NO. 114 ANNOUNCEMENT OF COMMITTEE MEETINGS th The following meetings are scheduled. All meetings are held in the Common Council Chambers, !3floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, October 7, 2008 at 9:45 am Committee on Finance Tuesday, October 7, 2008 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, October 7, 2008 at 1:00 pm Committee on Legislation Tuesday, October 7, 2008 at 2:00 pm (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware; therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 115 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mr. Franczyk, the Council adjourned at 2:47 pm GERALD CHWALINSKI CITY CLERK