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Home My WebLink About09-1027 No. 20 PROCEEDINGS OF THE CITY OF BUFFALO OCTOBER 27, 2009 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-UNIVERSITY 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 EDUCATION COMMITTEE: Demone Smith, Chairman, Brian C. Davis, Richard A. Fontana, Members MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Brian C. Davis, Richard A. Fontana, Joseph Golombek Jr., David A. Rivera, Members POLICE OVERSIGHT: Brian C. Davis, Chairman, Richard A. Fontana, David A. Rivera, Bonnie E. Russell, Demone Smith – Members PUBLIC TRANSPORTATION: Michael P. Kearns, Chairman, Richard A. Fontana, Michael J. LoCurto, David A. Rivera - Members WATERFRONT DEVELOPMENT COMMITTEE: Michael P. Kearns, Chairman, Brian C. Davis, Joseph Golombek, Jr, David A. Rivera, members CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, OCTOBER 27, 2009 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. Kearns, the minutes of the stated meeting held on October 13, 2009 were approved. INVOCATION PLEDGE TO FLAG DATE October 27, 2009 **FINAL** MAYOR 1- A. Mngt Agmt for RAPP Lot Located at 16 Virgil (Del) APP MAYOR – EXECUTIVE 2- 1. Plan Bd-SEQR-Neg Declaration 170 Abbott Rd(South) R&F 3- 2. Plan Bd-SEQR-Neg Declaration 204-210, 212-216 Franklin St(Ell) R&F 4- 3. Plan Bd-SEQR-Neg Declaration 430 Jersey St(Nia) R&F 5- 4. Plan Bd-SEQR-Neg Declaration 136 Lakeview Ave(Ell) R&F 6- 5. Strat Plan-Investigation 90 Hopkins Contract Change (South) APP 7- 6. Strat Plan-Report of Sale 86 French (Mas) CD 8- 7. Strat Plan-Report of Sale 1606 Jefferson (Mas) CD 9- 8. Strat Plan-Report of Sale 400 & 402 Monroe (Ell) CD 10- 9. Strat Plan-Report of Sale 110 Ruhland (Fill) APP 11- 10. Strat Plan-Results Neg-Sale Portion of South Pierce(Lov) CD COMPTROLLER st 12- 11. Indirect Cost Allocation Plan(exc 1 4 res) FIN 13- 12. Interfund Cash Loan-Buffalo Restore II APP 14- 13. Interfund Cash Loan-Hickory Woods Infrastructure APP COUNCIL PRESIDENT 15- 14. J. Gardella-Interested in Helping With Soil Env Assessments for Farming APP ASSESSMENT 16- 15. Assessment Reform in the COB FIN 17- 16. Board of Assessment Review Appt(Temp)(Cowart, Glover, Robinson) APP,COLL 18- 17. Board of Assessment Review Appt(Perm)(Barnes) APP,COLL PUBLIC WORKS 19- 18. Notification Serial-10510-11 R&F 20- 19. Appt Heavy Equipment Operators(Perm)(Max)(Feldman, Linkowski) CS 21- 20. Appt Heavy Equipment Operator(Perm)(Inter)(Ferril) CS 22- 21. Appt Equipment Operators(Perm)(Max)(Coyle, Lombardo, Orr, Jr, Hussar) CS PERMITS AND INSPECTIONS 23- 22. Restaurant Dance Class III-391 Ellicott(Ell) LEG ADMINISTRATION AND FINANCE 24- 23. Correction to Ad Price Phase II Senior Housing PILOT Agreement APP COMMUNITY SERVICES 25- 24. Approval of Funding-Bflo Niagara Convention & Visitors Bureau FIN nd 26- 25. Appt Counselor III (Jones)(Perm)(2 Step) CS FROM THE CIVIL SERVICE COMMISSION 27- 26. City Employees Receiving Multiple Salaries CD ZONING BOARD OF APPEALS 28- 27. Results-171 Middlesex Rd(North) R&F BUFFALO MUNICIPAL HOUSING AUTHORITY 29- 28 Mem of Agreement Btwn BMHA and Local 264-Blue Collar Unit FIN 30- 29. Mem of Agreement Btwn BMHA and Local 264- Managerial Collar Unit FIN 31- 30. Mem of Agreement Btwn BMHA and Local 264 –White Collar unit FIN CITY CLERK 32- 31. Liquor License Applications R&F 33- 32. Leaves of Absence R&F 34- 33. Reports of Attendance R&F 35- 34. Notices of Appointments-Council Interns ADOPT 36- 35. Notices of Appointments- Temp/Prov/Perm CS MISCELLANEOUS 37- 35A. F. Cirillo-NYSDOT-Surplus Property-S Park Ave-Katherine St to Lee St CD 38- 36. R. Fontana-P. Ross-Concerns Poor Conditions at Houghton Park CD 39- 37. D. Grzebielucha-Concerns Abandonment Sale of Portion of South Pierce CD 40- 38. Coalition for Economic Justice-Support of Marine Dr Tenants W/FRONT 41- 39. M. Gallivan-Concerns Council Etiquette R&F 42- 40. M. Gallivan-Info Erie Canal Dev Corp & Req Info Re Legal Fees W/FRONT 43- 41. M. Kearns-Req Bd of Ed to Assist in Designing a Survey Re: Recycling FIN 44- 42. Phillips Lytle-Info Proposed Commercial Slip Garage Marine Dr Apts W/FRONT 45- 43. R. Taczkowski-Concerns Proposed Commercial Slip Garage-Marine Dr Apts_W/FRONT 46- 44. P. Tronolone-Draft Generic Env impact Statement-Canal Side Project W/FRONT 47- 44A M. LoCurto-Comments Canal Side Draft Env Impact Statement CD 48- 44B J. Schroeder-Issues Stillwater Nightclub-481-483 Delaware LEG 49- 44C. D. Vincent-Damage to Rim and Tire APP 50- 45. WKBW Weather Related Closings and Cancellations Information R&F PETITIONS 51- 46. G. Lewis & Others-Oppose Construction Erie Canal Harbor Dev Corp W/FRONT 52- 47. S. Loubert & Others-Req Approval of BMHA Contract R&F 53- 48. M. LoCurto-C. Daley & Others-Oppose Re Licensing El Waseem’s Store LEG RESOLUTIONS 77- 49. Franczyk Address Marine Dr Concerns About Parking Lot ADOPT 1 & 2,REM W/FRONT 78- 50. Franczyk Keeping Broadway Post Office Open CD 79- 51. Franczyk,etc Keep County Health Clinics Open ADOPT 80- 52. Franczyk, etc Supporting Buffalo350.org ADOPT 81- 53. Golombek D/C Leg CCP# 83, 10/13, Creation of Domestic Partnership Registry in COB ADOPT DISCH APP 82- 54. Kearns Single Stream Recycling ADOPT 1,2,3 RES, REM FIN --- 54A. Russell Budget & Personnel Amendment-Public Works OBJECT 83- 55. Smith,etc MWBE Goals MBEC 84- 56. Smith Universal Healthcare LEG 85- 57. Smith Comm of Deeds ADOPT TABLE ITEMS ------#105 9/1/09 K. Frizlen, Owner, Rezone 301, 305, 311 West Utica for Multi Family Housing (Nia)(hrg 5/19) SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CLAIMS Personal Injury 54- A-1 Diane Pruitt Mother of Dominique Pruitt $7,500.00 APP A-2 Shawn Halas $5,750.00 APP A-3 Tammi Yetzer P/N/G Alexis Yetzer $5,000.00 APP Property Damage 55- B-1 Jinie Agee $924.81 APP B-2 Dexter Frank $1,170.75 APP B-3 Clarence & Darlene Gibson $43.48 APP B-4 Thomas Peters $483.93 APP B-5 Miracle Reed McCoy $1,700.42 APP B-6 Safeco Ins. a/s/o Edison Street Church $49,000.00 APP B-7 George Shinners $132.48 APP Miscellaneous Reimbursement 56- C-1 Tomika Birl $90.00 APP C-2 Nicholas Horvath $.50 APP C-3 Joal Massimi $353.43 APP C-4 Booker Nailor Sr. $165.00 APP C-5 Simply Myself Inc./Prish Moran $4,770.00 APP C-6 Marquis Ware $270.00 APP Miscellaneous Invoices 57- D-1 AAA Safe & Lock Co. $229.31 APP D-2 Ameripride Linen Apparel Services $33.21 APP D-3 Bison Elevator $4,659.50 APP D-4 Buffalo Alarm Inc $105.00 APP D-5 Buffalo News $2,359.36 APP D-6 Buffalo News $205.02 APP D-7 Buffalo OccMed LLC $133,518.97 APP D-8 County Line Stone Co. $15,930.29 APP D-9 County of Erie $50,000.00 APP D-10 Coventry WC Services $108,228.00 APP D-11 DFT Communications $472.50 APP D-12 Dival Safety $75.00 APP D-13 Ferguson Electric $455.73 APP D-14 Halsey Reid Equipment $200.36 APP D-15 Huron Sprinklers $135.00 APP D-16 John W, Danforth Company $694.54 APP D-17 Mountain Glacier $119.52 APP D-18 Police Athletic League $38,027.50 APP D-19 Rinaldo, Thomas N. $600.00 APP D-20 SGS Testcom Inc $2.57 APP D-21 Safety Kleen $388.91 APP D-22 Telogis Inc $1,749.65 APP D-23 Tony’s Roadside Service $7,398.56 APP D-24 Verizon $167,396.34 APP D-25 Verizon Wireless $649.55 APP D-26 Verizon Wireless $334.44 APP Contract Settlement 58- E-1 Urbitran Associates, Inc. $30,000.00 APP CIVIL SERVICE 59- 1. Com 8 Oct 13 Appt Real Estate Specialist (Perm)(Max)(Grzebielucha)(Strat Plan) R&F 60- 2. Com 15 Oct 13 Appt Chief Pumping Plant Engineer(Perm)(Max)(Hogue Jr.)(PW) APP 61- 3. Com 26 Oct 13 Appt Senior Special Assistant (Exempt)(Leaderstorf)(A&F) R&F FINANCE 62- 4. Com 1 Oct 13 Addendum to Agreement for Service Bflo Civic Auto Ramps(Mayor) APP COMMUNITY DEVELOPMENT 63- 5. Com 5 Oct 13 Perm to Designate Developer-769 Best-Parkview Lofts(Fill) (Strat Plan) APP 64- 6. No 55 Oct 13 R. Rienas-Mem of Agnt Btwn COB and PBA(2004) R&F 65- 7. No 58 Oct 13 A. Thompson-Contamination/Remediation of Lots on Jefferson Ave RECOMMIT 66- 8. No 94 Sept 1 Report of Sale 79 Walden (Fill)(StratPlan)(#18,5/26)(#56,6/9)(#84,7/7) RECOMMIT 67- 9. No 35 Apr 28 M. LoCurto-COB Resp to HUD Determinations-CDBG R&F LEGISLATION 68- 10. Com 19 Oct 13 Food Store License(New)-1019 Kensington (Univ)(EDPI) DENY 69- 11. Com 20 Oct 13 Food Store License(New)-1534 Main (Del)(EDPI) DENY 70- 12. Com 24 Oct 13 Second Hand Dealer-1860 Seneca St(South) APP 71- 13. No 54 Oct 13 R. Rienas-PBA Response-771 Busti Ave. Proposed Landmark Designation CD 72- 14. Res 84 Oct 13 LL Intro #4-Amend Article #28 “Taxes & Assessments” to Include The Business Investment Exemption APP 73- 15. No 70 Oct 13 T. Briatico, Agent, Use 194 Maple for a Parking Lot (pub hrg 9/22)(Ell)(#16,9/15) RECOMMIT 74- 16. No 71 Oct 13 T. Briatico, Agent, Use 203 Maple for a Parking Lot (pub hrg 9/22)(Ell)(#17,9/15) RECOMMIT 75- 17. No 72 Oct 13 B. Baumker, Agent, Use 517 Niagara St for a Pole Sign(Ell) (no pub hrg)(#80,9/1)(#49,9/15) APP 76- 18. No 37 Sept 29 R Fontana-Concerns Water Service Line Insurance R&F FROM THE MAYOR NO 1 MANAGEMENT AGREEMENT FOR RAPP LOT LOCATED AT 16 VIRGIL AVENUE I hereby submit to you a proposed management agreement with the North Buffalo Business Development Association, Inc. a not-for-profit corporation (NBBDA) for the maintenance of a Residential Area Parking Program (RAPP) Lot located at 16 Virgil Avenue. NBBDA is a group of business and professional persons in the HerteI-North Park area of the City that, in part, maintains the streetscape for the benefit of the public at large. To assist NBBDA with its contributions to the streetscape in the HerteI-North Park area, the City desires to permit NBBDA to use a portion of the City-owned parking lot at 16 Virgil Avenue to store equipment. Storage at the property is limited to equipment related to streetscape maintenance. In return for the use of the back portion of the Virgil parking lot, NBBDA will assume responsibility for maintaining the entire parking lot, indemnify the City of Buffalo against actions arising out of the failure of NBBDA to property maintain the lot, and obtain insurance further protecting the City against claims of personal injury and property damage. The City of Buffalo retains the ability to cancel the management agreement on 60 days notice without cause and 7 days notice with cause. The City of Buffalo Board of Parking reviewed the management agreement with NBBDA and determined that the use of the back portion of the parking lot by NBBDA will not interfere with the public's use of the parking lot. The Parking Board recommended that this Honorable Body approve the agreement. Permission is hereby requested for the City of Buffalo to enter into the management agreement with NBBDA. Copy available for review in the City Clerks Office Mr. Fontana moved; That the above communication from the Mayor dated October 22, 2009, be received and filed; and That the Mayor be, and he hereby is authorized to enter into a Management Agreement with the North Buffalo Business Development Association, Inc. for the maintenance of a Residential Area Parking Program Lot located at 16 Virgil Avenue. PASSED AYES - 9 NOES - 0 FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD NO 2 PLAN BD-SEQR-NEG DECLARATION 170 ABBOTT RD(SOUTH) NEGATIVE DECLARATION 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: KFC/Taco Bell Renovation Location: 170 Abbott Rd Type of Action: Unlisted-Uncoordinated Description: C&S Companies on behalf of KFC/Taco Bell is proposing renovations to an existing restaurant on the property located at 170 Abbott Road, Buffalo New York. The project will include the renovation of the existing building to house both KFC and Taco bell Restaurants. The building will be slightly enlarged to accommodate the changes. The exterior will be remodeled as well as interior improvements completed. The entire parking lot will be removed and reconstructed to insure proper drainage. The lot will be drained to existing catch basins and storm sewers, The sanitary laterals and water service to the building will be roused, The dumpster will be relocated and fully enclosed with a board on board fence and new landscaping will be provided. The site sign will be replaced on the existing support/foundation and entrance and exit arrow signs will be replaced. An agreement was reached with the adjacent property owner, Amigone Funeral Home to enable the demolition of the existing garage at the northwest corner of their property and the construction of a new 20'x20' garage in the northeast comer of their property and to permit shared parking between businesses. The project will be funded privately and the cost is approximately $200,000. 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 will improve and update the appearance interior and exterior of an existing restaurant and continue to provide employment to community residents. The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo, New York 14202 - 716 851-5085, RECEIVED AND FILED NO 3 PLAN BD-SEWR-NEG DECLARATION 204-210, 212-216 FRANKLIN ST (ELL) SEQR Notice of Determination Non-Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title: Curtiss Building Location: 204-210, 212-216 Franklin Street Type of Action: Type I -Coordinated Description: Baja Beach Club, Inc. together with Buffalo Development Corporation is proposing the renovation and building addition to the property located at 204-210, 212-216 Franklin Street, Buffalo New York. The project will create a fifty seven (57) room "high end" boutique hotel at the comer of Franklin Street and Huron Streets in the Curtiss Building. The existing building was constructed in 1912-1913 and is currently on the National Register of Historic Places after being placed on the State Register in early 2009. The demolition of the former Continental Night Club located next to the proposed project is also included as part of this project and has been reviewed and supported by the City of Buffalo Preservation Board. As per their Secretary; the Preservation Board was also informed of the work proposed for the Curtiss Building and is in support of the overall project. The scope of the project consists of renovating the ground floor of the existing building into a restaurant, lounge, salon and hotel lobby, The plan includes a spa and fitness center in the sub-grade levels and banquet facilities and meeting room on the second floor. There is also a proposed seventh floor addition recessed off the terracotta facade that will house several larger suites. An addition to the main building will serve as a main entrance/drop off and kitchen to serve the restaurant and banquet facility. The facade of the existing building will be restored in a manner that preserves its historic and architectural character. Missing or damaged terra cotta pieces will be replicated and replaced as per historic guidelines. The storefront will be re-opened at street level with new clear low e glazing in aluminum storefront framing. The wood windows on the Huron and Franklin Street facades will be repaired, restored and re. glazed with a clear low e insulating glazing system. The color of the wood grazing will be determined in consultation with the New York State Office of Parks, Recreation and Historic Preservation (SHPO). The facade at the new addition will be pretest stone with liner reveals to tie in the proportions of the existing building. All new glazing will be "Arctic Blue" to contrast the historic glazed openings. A bowed balcony protruding over the sidewalk will have an ornamental steel guardrail and will allow banquet guests to view city sights. The main access point will be from the valet loop at the new addition which will be a stamped concrete driveway. Planters will be placed on either side to identify the entrance. A water feature is proposed for the area in the center of the driveway with illuminated hotel signage at the base of the feature. The project is predominantly privately funded; however the project has been awarded grants from the Empire State Development Corporation., and NYSERDA. In addition it anticipates taking advantage of the State and Federal Historic Tax Credit available for returning structures listed on the National Register of Historic places following the standards set forth by the United States Secretary of the interior. The construction cost is approximately eighteen million dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment, No further environmental review of this action will be conducted prior to project implementation and a Draft Environments! Impact Statement will not be prepared, Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will save a building important to the City of Buffalo as well as provide a unique hotel opportunity to the downtown area. A number of new jobs both construction, hotel and restaurant related will be made available. 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 - 716 851-5055 RECEIVED AND FILED NO 4 PLAN BD-SEQR-NEG DECLARATION 430 JERSEY ST (NIA) SEQRA Notice of Determination Non-Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title: White’s Livery Apartments Location: 430 Jersey Street Type of Action: Unlisted-Coordinated Description: WS Properties I LLC is proposing the redevelopment of the White's Livery Stable Building and site located on the properly at 430 Jersey Street Buffalo New York. A variance from the Zoning Board of Appeals has been approved by the City of Buffalo Zoning Board of Appeals to allow for twelve (12) parking spaces reduced from the required fourteen spaces (14). The 239M referral has been submitted and approved by the Erie County Department of Environment and Planning. The project consists of the acquisition and rehabilitation of a partially demolished vacant building into fourteen (14) apartments. The project will contain tan (10) one bedroom units and four (4) two bedroom units with twelve (12) enclosed parking spaces on the first floor. Nine (9) of the units will be made available to persons with incomes at or below fifty percent (50%) of the area median income. Five (5) of the units will be made available to persons at or below eighty percent (80%) of the areas median income. The unit's rental rates will be consistent with area rental rates. Built in 1889, the White's Livery Stable was one of the largest in the area. Years of deterioration to the walls and structure has forced most of the building to be demolished. The new project offers to reconstruct the building to close to its original state. The front facade will be built to reflect its original arched windows and twin peaked roofs. The tower has been saved and wig house the main vertical circulation (elevator and stairs). The remaining original elements will be blended into entirely new main structure that will be clad in a clapboard style siding. The building will be built following today's exacting building standards, including new fire protection and sprinkler systems throughout the building. The plan calls for a three story building with an elevator. All units will be handicapped adaptable and all common space wilt be handicapped accessible. Each apartment will be equipped with a stove and refrigerator. Common laundry and tenant storage areas will be provided. Many green initiatives will be designed into the new building, including energy saving fixtures, appliances, and heating systems. Building materials will meet new green standards such as low VOC primers and adhesives, certified floor coverings, and recycled materials. The use of Energy Star light fixtures, daylight sensors and timers will maximize energy efficiency. The site is close to retail shops, services, and schools. For residents without transportation, public transportation is near by. The sponsor will provide services to residents and will form a tenants Association to provide residents with an opportunity to have input into the operations of the building as well as participate in recreational and/or social activities subject to tenant guidelines. The not for profit sponsor is West Side Neighborhood Housing Services. Construction is scheduled to begin in the spring of 2010 and will be complete by January 2011. The project is funded with Community Preservation Corporation, City of Buffalo HOME Funds; and the New York State Division of Housing and Community Renewal (Small Project Program funds) as well as private financing. The City of Buffalo has committed $989,986 of funds and is providing a fifteen- year PILOT. The project will benefit from $299,517 of HOME funds dedicated through the Project Sponsor, West Side Housing Services Inc. The project has applied for $1,750,000 Through the Small Project Program in a non-competitive funding round. These funding sources will supplement the private financing and allow the redevelopment of the site. A number of community meetings discussing the project have taken place with the neighboring residents and others. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment No further environmental review of this action will be conducted prior to project implementation and s Draft Environmental Impact Statement wig not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: This project will rebuild a building that has been vacant for sometime bringing a stable reuse to one of Buffalo's established neighborhoods. 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 RECEIVED AND FILED NO 5 PLAN BD-SEQR-NEG DECLARATION 136 LAKEVIEW AVE (ELL) NEGATIVE DECLARATION 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: Self Serve Laundry Facility with Parking Improvements Location: 136 Lakeview Avenue Type of Action: Unlisted-Uncoordinated Description: Anthony Previte is proposing renovations to a former restaurant converting it into a self serve laundry on the property located at 136 Lakeview Avenue, Buffalo New York. The existing building will have all finishes removed down to the structural walls and roof. An all new interior will be constructed. All exterior windows and doors are to be replaced and the masonry walls repaired and repainted. A new roof installed and new fabric awnings installed. The proposed site work consists of re-grading the parking lot to allow for an accessible entry into the building with the use of a ramp. The existing parking lot entry/exit onto Porter Avenue will be relocated to the south-west end of the parking area. The re-graded area is to have a pre-cast concrete retaining wall installed on the property line and a new concrete sidewalk installed to replace the existing. A new catch basin is to be installed at the south-west and of the parking area and a new eight inch pipe connected to the existing catch basin located at the edge of the new paving. The entire parking area is to be repaved and re-striped. The total amount of parking spaces is fourteen. Two new automotive vacuums will be installed adjacent to the existing building and the creation of two new landscaped areas. Additional landscaping is to be installed in the right of way if approved. The project will be funded privately (First Niagara Bank as per owner) and the cost is approximately $100,000. As s 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 will give new life to a long abandoned building and provide a needed service to the neighborhood residents. The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo, New York 14202 - 716 851-5085. RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO 6 STRAT PLAN-INVESTIGATION 90 HOPKINS CONTRACT CHANGE (SOUTH) 90 Hopkins Investigation Contract Change Order 3 PRIOR COUNCIL REFERENCE: (Item No. 289, C.C.P. 07/20/04) The City of Buffalo has been awarded a State Assistance Contract (SAC) to undertake the Investigation/remediation at the 90 Hopkins property. The SAC permits municipalities to be reimbursed for 90% of the allowable costs of the project. The City is the current owner of the property. The New York State DEC has approved a revised work scope and budget for the City's consultant, Panamerican Environmental, Inc., on the 90 Hopkins project site. The changes include re-scoping the project after a two year delay to include: a detailed history search of the property (Phase I ESA); detailed study of Beneficial Use Determination (BUDs) for the lime material stockpiles and revising and updating the work plan to include an additional investigation of subsurface conditions beneath the lime piles. The original contract, 92011109, amount is $75,113.95. Change Order 1 increased the budget by $5,173.59 bringing the total budget to $80,287.54. Change Order 2 increased the project budget by $13,933.22, bringing the total to $94,220.76. Change Order 3 will increase the project budget by $13,638.13 to $107,858.89. The Office of Strategic Planning intends to access the additional funds for the project from Account No. 31570006. I respectively request that your Honorable Body authorize an additional $13,638.13 for the 90 Hopkins investigation project as set forth above. Mr. Fontana moved: That the above communication from the Commissioner of Economic Development Permit and Inspection Services dated October 27, 2009, 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. 3 to Panamerican Environmental, Inc., an increase in the amount of $13,683.13, as more fully described in the above communication, for work relating to 90 Hopkins Investigation/remediation. Funds for this project are available in Account No. 31570006. PASSED AYES - 9 NOES - 0 NO 7 STRAT PLAN-REPORT OF SALE 86 FRENCH 841.42 E FILLMORE LOT SIZE: 30' X 137' ASSESSED VALUATION: $1,100 (MASTEN) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Raymond Smith, 80 French Street, Buffalo, New York 14211 to purchase 86 French Street. Mr. Smith owns 84 French Street and resides at 86 French Street, 84 French Street is adjacent to 86 French. He intends to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar properties in the subject area. Sales range from Forty Cents ($.40) to Sixty-five Cents ($.65) per square foot. Mr. Smith has agreed and is prepared to pay One Thousand Six Hundred Dollars ($1,600) for the subject property, Forty Cents ($.40) per square foot. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that your Honorable Body approve the sale of 86 French to Mr. Raymond Smith in the amount of One Thousand Six Hundred Dollars ($1,600). I am further recommending that the Office of Strategic Planning Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 8 STRAT PLAN-REPORT OF SALE 1606 JEFFERSON AVE, 93' S Northland Lot Size: 27' x 92' Assessed Valuation: $1,900.00 (Masten District) The Office of Strategic Planning, Division of Real Estate, has received a request from Phyllis N. Caver, 254 Brunswick Blvd., Buffalo NY 14208 to purchase 1606 Jefferson Ave. Ms. Caver owns 1610 and 1612 Jefferson, which are adjacent to 1606 Jefferson. She intends to use the vacant lot for business development in conjunction with a take out and catering restaurant at 1612 Jefferson. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. Ms. Caver commissioned Todd J. Potter Sr. to estimate the Fair Market Value of the subject property. He estimated the Fair Market Value to be One Thousand Nine Hundred Dollars ($1,900.00). Similar lots in the subject area sell for between $. 47 to $1.00 per square foot. The Division of Real Estate has reviewed the appraisal report and concurs with the appraiser's estimate of value. Ms. Caver has agreed and is prepared to pay One Thousand Nine Hundred Dollars ($1,900.00), $.75 per square foot, for the subject property She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 1606 Jefferson to Ms. Phyllis N. Caver in the amount of One Thousand Nine Hundred Dollars ($1,900.00). I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 9 STRAT PLAN-REPORT OF SALE 400 & 402 MONROE 298.16' N Broadway Lot Size: 25' x 109' each Assessed Valuation: $1,300.00 each (Ellicott District) The Office of Strategic Planning, Division of Real Estate, has received a request from Susan M. Miler, 406 Monroe St. Buffalo NY 14212 to purchase 400 and 402 Monroe St. Ave. Ms. Miller owns 406 Monroe, which is adjacent to 400 & 402 Monroe. She intends to use the vacant lot for off street parking and yard space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. Ms. Miller commissioned Pamela S. Breidenstein of Breidenstein Appraisals, Inc. to estimate the Fair Market Value of the subject property. She estimated the Fair Market Value to be Nine Hundred Dollars ($900.00) per parcel for a total of One Thousand Eight Hundred Dollars ($800.00). Similar lots in the subject area sell for between $. 30 to $.50 per square foot. The Division of Real Estate has reviewed the appraisal report and concurs with the appraiser's estimate of value. Ms. Miller has agreed and is prepared to pay One Thousand Eight Hundred Dollars ($1,800.00), $.33 per square foot, for the subject property She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 400 and 402 Monroe to Ms. Susan M Miller in the amount of One Thousand Eight Hundred Dollars ($1,800.00). I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 10 STRAT PLAN-REPORT OF SALE 110 RUHLAND (FILL) 169.15' North of Sycamore Lot Size: 32' x 117' Assessed Valuation: $5,400 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Arthea Barker of 114 Ruhland Avenue, Buffalo, New York 14211 to purchase 110 Ruhland Avenue. Ms. Barker owns and resides at 114 Ruhalnd, which is adjacent to 110 Ruhland. She intends to use the vacant lot for extra yard space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspections Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Thirty Cents ($.30) to Sixty Cents ($.60) per square foot. The results of our negotiations are that Mrs. Barker has agreed and is prepared to pay One Thousand Four Hundred Dollars ($1,400.00), Forty-Five Cents ($.45) per square foot for the subject property. Mrs. Barker has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 110 Ruhland to Ms. Arthea Barker in the amount of One Thousand Four Hundred Dollars ($1,400.00). I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated October 21, 2009, be received and filed; and That the offer from Aretha Barker, residing at 114 Ruhland Avenue, in the sum of one thousand and four hundred dollars ($1,400.00) for the purchase of 110 Ruhland Avenue, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES - 0 NO 11 STRAT PLAN-RESULTS OF NEGOTIATIONS/ABANDONMENT & SALE OF A PORTION OF SOUTH PIERCE Easterly Side; Adjacent to 41 South Pierce18' x 245' - Paper Street PRIOR COUNCIL REFERENCE: Item No. 5, C.C.P. 4/28/09 Your Honorable Body previously authorized the abandonment and sale of the above mentioned property, pursuant to Item No. 5, C.C.P. 4/28/09 and adopted the Negative Declaration, Item No. 29, C.C.P. 4/28/09. In accordance with Article 27-5 of the City Charger, Sale by Appraisal, Daniel & Michelle Derenda commissioned R.W. Bronstein, Real Estate Appraiser, to estimate the Fair Market Value of the 18 feet of South Pierce to be abandon. The appraisal was forwarded to the City of Buffalo Appraisal Review Board for review and approval. The Appraisal Review Board has determined that the value of the subject parcel to be Two Thousand Eight Hundred Dollars ($2,800.00) or Sixty-Three Cents (.63) per square foot. Mr. & Mrs. Derenda have agreed and are prepared to pay Two Thousand Eight Hundred ($2,800.00) for the subject property, plus closing costs. The City of Buffalo will transfer title of a portion of South Pierce on a Quit Claim Deed. I am recommending that Your Honorable Body approve the abandonment and sale of a portion of South Pierce and transfer of title to Mr. & Mrs. Daniel Derenda in the amount of Two Thousand Eight Hundred Dollars ($2,800.00) in accordance with Article 27-5 of the City Charter. The abandonment and sale is subject to the following conditions: 1. That the City of Buffalo retain at least ten (10) feet of the paper street to provide public access to the city owned land along the Buffalo River. 2. The parcel be sold subject to the permanent easements, restrictions and rights of way, if any 3. The official closing/abandonment of that portion of South Pierce will not become effective until the deed conveying the property is filed in the Erie County Clerk's Office. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMPTROLLER NO 12 ST INDIRECT COST ALLOCATION PLAN(EXC 1 4 RES) Item No. 115, C.C.P.7/07/09 The Department of Audit and Control does not have a copy of the Indirect Cost Allocation Plan described in this resolution. It is our understanding that the Buffalo Urban Renewal Agency (BURA) hired Lumsden & McCormick LLP to prepare the plan. Members of my staff have met with representatives of BURA and the Administration who are in the process of updating the data to determine the current indirect cost allocation amounts. If you have any further questions on this matter, please feel free to contact the Department of Audit and Control. REFERRED TO THE COMMITTEE ON FINANCE NO 13 INTERFUND CASH LOAN-BUFFALO RESTORE II Certain Federal and State aided programs require a cash advance until the program is operating and reimbursement is received. I have reviewed the program listed below and determined the cash needs to be warranted. I have approved an interfund cash loan to be made in the maximum amount of $2,000,000 as needed subject to your approval. Loan is payable at date of reimbursement. From: 1000-General Fund To: 3180 - Restore NY Phase 2 Grant Title: Buffalo - Restore II - East Side 2020 #W089 Grant Agency: Empire State Development Corporation Grant Amount: $5,072,000.00 Loan Amount: Maximum of $2,000,000.00 Estimated Date of Repayment: June 30, 2010 Mr. Fontana moved: That the above communication from the Comptroller dated October 15, 2009, be received and filed; and That the Comptroller be, and he hereby is authorized to make an interfund cash loan to be made in the maximum amount of $2,000,000 as needed, from the General Fund to 3180 -Restore NY Phase 2 for Buffalo - Restore II - East Side 2020 #W089. The loan is payable at date of reimbursement. PASSED AYES - 9 NOES - 0 NO 14 INTERFUND CASH LOAN Certain Federal and State aided programs require a cash advance until the program is operating and reimbursement is received. I have reviewed the program listed below and determined the cash needs to be warranted. I have approved an interfund cash loan to be made in the maximum amount of $500,000 as needed subject to your approval. Loan is payable at date of reimbursement. FROM: 1000-General Fund TO: 3185 - Hickory Woods Infrastructure Improvements GRANT TITLE: Hickory Woods Streets Infrastructure improvements ID#1990 GRANT AGENCY: Dormitory Authority of the State of New York GRANT AMOUNT: $500,00000 LOAN AMOUNT: Maximum of $500,000.00 Estimated Date of Repayment: June 30, 2010 Mr. Fontana moved: That the above communication from the Comptroller dated October 22, 2009, be received and filed; and That the Comptroller be, and he hereby is authorized to make an interfund cash loan to be made in the maximum amount of $500,000 as needed, from the General Fund to the 3185 -Hickory Woods Streets Infrastructure Improvements for Hickory Woods Streets Infrastructure Improvements ID #1990. The loan is payable at date of reimbursement. PASSED AYES - 9 NOES - 0 FROM THE PRESIDENT OF THE COUNCIL NO 15 J. GARDELLA-INTERESTED IN HELPING WITH SOIL ENV ASSESSMENTS FOR FARMING Dear Council President Franczyk and Mr. Mehaffey: I am writing to indicate my interest in helping with the proposed soil environmental assessments at the “Wilson Street Farm”, a series of lots leased to Mark and Janice Stevens. In the lease agreement between the City and the Stevens, soil assessment was named as a requirement for moving the farm plans forward. Mr. And Mrs. Stevens contracted me about our work at Massachusetts Avenue Project some years ago, and between the Buffalo Environmental Management Commission and my own efforts at UB, I have met with the Steven’s four times, toured the site and worked with them to prepare a proposed soil sampling plan to evaluate EPA priority pollutants across the site. Attached to this letter you will find a soil sampling procedure used in our work in the community, based on EPA standards for collecting samples. It is our proposal to accept a right of entry agreement and collect 8-10 soil samples to screen for EPA priority pollutants, including heavy metals and Semi volatile Organic Compounds (aka SVOC’s, including pesticide residues, PCBs, PAHs, etc.). Once collected under my direction, the samples will be analyzed by TestAmerica, (formerly known as Severn Trent Laboratories, Buffalo) a local EPA and DEC certified environmental laboratory. I have provided a purchase order for the costs of testing from funds from my endowed Larkin Chair of Chemistry at UB. The purchase order has already been executed. st We would propose to take samples on Saturday, October 31, beginning with a training session for experienced environmental engineering students and the Stevens family on collecting samples. I apologize that I am not available to come to Council in person for a presentation, but I am presently collecting environmental research results in China. I return th on the 29. Sincerely, Joseph A. Gardella, Jr. Professor and Larkin Chair of Chemistry Copy available for review in the City Clerks Office Mr. Fontana moved: That the above communication from the Common Council President dated October 22, 2009, be received and filed; and That Professor Joseph A. Gardella, Jr. and his agents and assigns be granted right of entry onto the "Wilson Street Farm," on terms consistent with those contained in the Lease Agreement between Mark and Janice Stevens and the City of Buffalo. PASSED AYES - 9 NOES - 0 FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 16 ASSESSMENT REFORM IN CITY OF BUFFALO CCP# 81, 10/13/09 The above noted item was referred to the Department of Assessment and Taxation for Comment. At Mayor Brown’s request this office has already undertaken a review of our assessment neighborhoods in an effort to improve the boundaries and criteria referenced in drawing the boundary lines and hope to implement these changes for the 2011 roll which we will begin to work on in March 2010. Currently we are wrapping up work on the 2010 assessment roll which was started in April 2009 and must be in place by December 1, 2009. Establishing fair and equitable assessed values for taxing purposes is a very complicated and sensitive issue. This office is continually looking to improve the system to maintain its fairness and is more than willing to work with any group to explain the methodology, take suggestions for improvements and implement any changes allowable under the Real Property Tax Law. I look forward to Discussing this matter in depth with your Honorable Body during Committee Meetings. REFERRED TO THE COMMITTEE ON FINANCE NO. 17 BOARD OF ASSESSMENT REVIEW APPOINTMENT, TEMPORARY MEMBERS OTIS COWART; WARREN GLOVER AND ARTHUR ROBINSON I am respectfully requesting Common Council action to re-appoint as temporary members to the Board of Assessment Review (BAR) the individuals listed below who served last year as temporary BAR members. They will serve, if necessary, approximately twenty days as needed during the time period of January 2010 to mid-February 2010. The Department of Assessment & Taxation is preparing contingencies should it prove to be necessary to supplement the existing permanent board for the upcoming assessment challenge period. These three (3) temporary boardmembers working in conjunction with the five permanent members will allow this office to establish mini-boards, if needed. At times in the past we have needed to use all five (5) permanent and the temporary members to guarantee daily quorums due to member absences and the volume of challenges. Having temporary members appointed, trained and available for service assures the smooth functioning of the review process. Therefore I am recommending Common Council approval of the following individuals to serve a one (1) year term as temporary BAR members: Otis Cowart, 104 Ivy Street, Buffalo, New York 14211 Warren Glover, 17 Newport Avenue, Buffalo, New York 14216 Arthur Robinson, 192 Maurice Street, Buffalo, New York 14210 DEPARTMENT HEAD NAME: DEPARTMENTHEAD TITLE: Mr. Fontana moved: That the above communication from Assessment and Taxation dated October 21, 2009, be received and filed; and That the appointment of Otis Cowart, residing at 10 Ivy Street, Warren Glover, residing at 17 Newport Avenue and Arthur Robinson, residing at 192 Maurice Street to serve a one (1) year term as temporary Board of Assessment Review members are hereby approved on the condition that they do not owe any outstanding liens to the City of Buffalo. PASSED AYES - 9 NOES - 0 NO. 18 BOARD OF ASSESSMENT REVIEW APPOINTMENT, PERMANENT MEMBER KEITH BARNES The five (5) year appointment to the Board of Assessment Review of Keith Barnes, 29 Frankfort Street, Buffalo, New York 14211 expired on September 30, 2009. By state provision, a Board of Assessment Review member whose term has expired may not participate in board actions and may not be considered for purposes of determining a quorum. Any new or re-appointed member must receive training from the Erie County Director of Real Property Services and be certified to New York State before assuming the duties of a board member. Therefore, I am respectfully requesting the Common Council reappoint Mr. Barnes to an additional five (5) year term as soon as possible so that the required State training can occur before commencement of hearings. Mr. Fontana moved: That the above communication from Assessment and Taxation dated October 21, 2009, be received and filed; and That the reappointment of Keith Barnes, residing at 29 Frankfort Street to serve an additional five (5) year term as a Board of Assessment Review member is hereby approved on the condition that he does not owe any outstanding liens to the City of Buffalo. PASSED AYES - 9 NOES - 0 FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 19 NOTIFICATION SERIAL # 10510 NO STANDING - REPEAL ON WEST SENECA STREET, NORTH SIDE BETWEEN MAIN 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 DAILEY West Seneca Street, north side between Main Street At all times and Pearl Street This action is being taken to provide more on street parking for patrons of the businesses in this area. NOTIFICATION SERIAL # 10511 INSTALL METERED PARKING ON WEST SENECA STREET, NORTH SIDE BETWEEN MAIN STREET AND PEARL STREET (EXCEPT NO STANDING AND NO PARKING AREAS) ( ELLICOTT DISTRICT) METERED PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: METERED PARKING METERED PARKING LOCATION PERIOD OF METERED PARKING RATE OFETERED PARKING West Seneca Street, north side 2 hour maximum Rate C between Main Street and Pearl Street 8 am to 5 pm $1.00 per hour (except No Standing and No Parking areas) Monday to Friday This action is being taken to provide more on street parking for patrons of the businesses in this area. RECEIVED AND FILED NO. 20 CERTIFICATE OF APPOINTMENT Appointment effective 10/21/2009 in the Department of Public Works, Parks and Streets to the Position of Heavy Equipment Operator, Permanent at the Maximum Salary of $38,745.00 Charles L. Feldmann, 189 South Legion Drive, Buffalo, NY 14220 James J. Linkowski, 187 West Woodside Ave, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 21 CERTIFICATE OF APPOINTMENT Appointment effective 10/21/2009 in the Department of Public Works, Parks and Streets to the Position of Heavy Equipment Operator, Permanent at the Intermediate Salary of $36,565.00 Richard L. Ferril, 16 Race St, Buffalo, NY 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 22 CERTIFICATE OF APPOINTMENT Appointment effective 10/21/2009 in the Department of Public Works, Parks and Streets to the Position of Equipment Operator, Permanent at the Intermediate Salary of $37,077.00 Peter Coyle, 140 North St, Buffalo, NY 14201 John P. Lombardo, 163 Bird Avenue, Buffalo, NY 14213 William T, Orr, Jr., 130 Juniata Place, Buffalo, NY 14210 Robert Hussar, 9 Tenesee St, Buffalo, NY 14204 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 23 RESTAURANT DANCE CLASS LLI 391 ELLICOTT ST (WEST) ELL Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Restaurant Dance Class III License located at 391 Ellicott Street and find that as to form is correct. I have caused an investigation into the premises for which said application Ibr a Restaurant Dance Class III 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. 1 have caused an investigation by the Police Department into the moral character of Steven Lorenzo. The attached thereto tot Illusions Nightclub & Entertainment Complex (dba Buffalo Illusions Entertainment Inc.) This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO. 24 CORRECTION TO AD PRICE PHASE II SENIOR HOUSING PILOT AGREEMENT EX. (ITEM NO. 28, C.C.P. 09/29/09) This item is a request to correct the A.D. Price Phase II Senior Housing PILOT Agreement, previously approved by your Honorable Body on September 29, 2009. As 60% of the rental units in the Project are affordable to persons earning no greater than 30% of the area median income, the initial PILOT payment is based upon 3% of the projected total income of the project. The original Common Council communication did not indicate the first payment using that percentage. Therefore, permission is requested to reflect the correct first payment percentage and replace the Schedule previously filed with the attached corrected Schedule A. Mr. Fontana moved That the above communication from the Department of Administration, Finance, Policy and Urban Affairs dated October 7, 2009, be received and filed; and The Common Council previously approved the AD Price Phase II Senior Housing Pilot Agreement on September 29, 2009. That the Common Council approves the correction to reflect the correct first payment percentage and replace the Schedule previously filed with the attached Schedule A as more fully described in the above communication. PASSED AYES - 9 NOES - 0 FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING NO. 25 APPROVAL OF FUNDING IN THE AMOUNT OF $75,000 WITH THE BUFFALO NIAGARA CONVENTION & VISITORS BUREAU FOUNDATION ("CVB") FOR PROGRAM ASSISTANCE TO THE BUFFALO NIAGARA FILM COMMISSION. THE AGREEMENT AND RELATED FUNDING WOULD BE EFFECTIVE AS OF JULY 1,2009 - JUNE 30, 2010. Prior Council Reference: Item No. 40, C.C.P., June 23, 2009 and Item No. 74, C.C.P., July 7, 2009 The City of Buffalo Department of Community Services & Recreational Programming (the "Department") is positioned to fund $75,000 to the CVB for purposes of funding a portion of the Buffalo Niagara Film Commission's ("BFNC") mission in 2009/2010 to develop and assist in film, television and video production throughout the City of Buffalo and Western New York. Accordingly, the Department requests your Honorable Body to: 1. Grant the Commissioner and the Department the specific authority to enter into an Agreement (the Agreement is to be drawn up by the City of Buffalo's Law Department) and fund $75,000 from the Department to CVB for purposes of partially funding BNFC's 2009 mission to facilitate and expand film, television and video production in the City of Buffalo. Authorize the Department and/or other appropriate City staff to take all such steps and actions and to execute and/or process such additional documentation and/or modifications thereto as shall be necessary to facilitate appropriate terms and provisions as are to be contained in the Agreement, Direct the Corporation Counsel and other appropriate City and Department personnel to negotiate to finalization said Agreement and other necessary documentation and agreements wherever necessary for execution and actual implementation, and Acknowledge that the above referenced prior Common Council actions contemplated that the $75,000 in assistance would flow from the Department through the Police Athletic League of Buffalo, Inc. to BNFC. That plan has been replaced with the above set forth plan and therefore the Department instead will fund the $75,000 through CVB for BNFC purposes. REFERRED TO THE COMMITTEE ON FINANCE NO. 26 CERTIFICATE OF APPOINTMENT Appointment effective October 13, 2009 in the Department of Community Services to the position of Counselor III Permanent at the 2 nd step of $36,568.00/hr Barbara J. Jones, 195 Wyoming St, Buffalo, NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CIVIL SERVICE COMMISSION NO. 27 "CITY EMPLOYEES RECEIVING MULTIPLE SALARIES" Dear Common Council: This is in response to your correspondence of September 17, 2009 regarding the above CCP Item. Be advised that the Department of Human Resources/Civil Service does not have access to employment records for BURA, BERC, BNRC or any other agency not affiliated with our hiring process. As such, we are not able to verify dual employment of City of Buffalo employees with any of these agencies. The City does not have titles that are 'classified' as dual employment. However, some of the positions in the titles of Bridge Operating Engineer and Senior First Class Stationary Engineer, which must be manned 24/7, during their peak season, are filled as either a seasonal, or temporary not to exceed six months, with a limit of 20 -24 hours per week. When filing these positions, the City has historically allowed dual employment of a full-time permanent city employee to work on a part-time basis, for the limited duration as required. If you have any questions regarding this issue, please call me. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE ZONING BOARD OF APPEALS NO. 28 RESULTS 171 MIDDLESEX RD AREA VARIANCE FINDINGS AND DECISION APPLICANT: Pamela Earl as agent for Mr. & Mrs. Barry Heneghan APPLICANT ADDRESS: 587 Ashland Avenue, Buffalo, New York 14222 (A) APPEAL CONCERNS PROPERTY AT THE FOLLOWING ADDRESS: 171 Middlesex RoadBuffalo, New York (B) COUNTY TAX MAP NUMBER : LOT : SUBLOTS : MAP COVER 89.05-3-15 (C) Zoning District Classification: R-1 (D) Area for which variance is requested: Front yard setback. (E) Applicable Section of Zoning Code: 511-10(A)(3) (P) Permitted and Requested Area: 25" setback required and requesting 18"foot setback. (G) TEST." No area variance will be granted without a showing by the applicant that the following applicable zoning regulations and restrictions have been met. 1. Whether an undesireable change would be produced in the character of the neighborhood or a detriment to nearby properties would be created by granting of the area variance: Yes No X Proof/Comments: Many of the objections raised during the hearing focused upon the construction of a pool. A pool, however, is a permitted accessory use in an R-1 district and therefore the applicant is entitled to build a pool. In fact, many properties in the neighborhood already have pools, including the neighboring property. Therefore, the construction of the pool would not create an undesireable change in the neighborhood. The requested area variance simply focuses on the location of the pool. While the pool encroaches within the front yard setback 7', the applicants intend to intensively screen the pool with fencing and landscaping. Furthermore, the orientation and the primary means of Ingress and egress to the house are from Hallam Road. Viewed as a side yard, the location of the pool is 3' short of the required side yard setback of 15'. 2. Whether the benefits sought by the applicant can be achieved by some method feasible for the applicant to pursue other than a variance. Yes: No: X . Proof/Comments: The applicant discussed the considerations that led to the proposed location of the pool and the need for the area variance. Without the setback, the pool would be located either closer to the applicants house or closer to neighbor's house. The area variance mitigates concerns of locating the pool too close to both houses. 3. Whether the requested area variance is substantial. Yes: -- No: X Proof/Comments: Considered in the context of the application, the 7' variance is not substantial (i.e., no encroaching residential structure, sufficient screening, 18' setback remains and if considered side yard meets 15" required setback). 4. Whether the proposed variance will have an adverse affect or impact on the physical or environmental conditions of the neighborhood or district. Yes: No: X . Proof/Comments: See comments above, in addition, fourteen letters of support from neighbors were submitted by the applicant. 5. Whether the alleged difficulty was self-created, for which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the area variance. Yes: No: X . Proof/Comments: Applicants live on a corner lot at Middlesex Road and Hallam Road. The address for the property is 171 Middlesex Road, however, the primary means of ingress and egress for the application property is Hallam Road and the residential structure is oriented towards Hallam Road. If the address of the property was Hallam Road, no area variance would be required. The need for the area variance is created by the strictures of the Zoning Code. Rather than require the applicants to change their address to Hallam Road, the ZBA can permit the functional equivalent by granting an area variance. DETERMINATION OF ZBA BASED ON THE ABOVE FACTORS The ZBA, after reviewing the above five proofs, the variance is: [X] Approved. [--] Denied. CONDITIONS: The ZBA finds that the following conditions are necessary in order to minimize adverse impacts upon the neighborhood or community, for the reasons following: Condition #1: Comply with submitted landscape plan. Impact to be minimized: Preserve the character of the neighborhood by screening pool. Rev. James A. Lewis Chairman, Zoning Board of Appeals RECEIVED AND FILED FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY NO. 29 TO APPROVE THE MEMORANDUM OF AGREEMENT BETWEEN THE BMHA AND LOCAL 264, BLUE COLLAR UNIT, AND RESOLUTION NO. 09.10.19.1 In accordance with Section 32 of the Public Housing Law, we respectfully request that your Honorable Body consider and approve the attached Memorandum of Agreement between the BMHA and Local 264, Blue Collar Unit, and Resolution Nos. 09.20.19.1 that was approved by the BMHA Board of Commissioners at a special meeting held on October 29, 2009. The Memorandum of Agreement includes terms and conditions that apply to all three bargaining units with Local 264 representing Blue Collar, White Collar & Managerial Units as well as items that are specific to each individual unit. REFERRED TO THE COMMITTEE ON FINANCE. NO. 30 TO APPROVE THE MEMORANDUM OF AGREEMENT BETWEEN THE BMHA AND LOCAL 264, MANAGERIAL UNIT AND RESOLUTION NO. 09.10.19.3 In accordance with Section 32 of the Public Housing Law, we respectfully request that your Honorable Body consider and approve the attached Memorandum of Agreement between the BMHA and Local 264, Managerial Collar Unit, and Resolution No. 09.10.19.3 that was approved by the BMHA Board of Commissioners at a special meeting held on October 19, 2009. The Memorandum of Agreement includes terms and conditions that apply to the three bargaining units with Local 264 representing Blue Collar, White Collar & Managerial Units s well as items that are specific to each individual unit. REFERRED TO THE COMMITTEE ON FINANCE. NO. 31 TO APPROVE THE MEMORANDUM OF AGREEMENT BETWEEN THE BMHA AND LOCAL 264, WHITE COLLAR UNIT, AND RESOLUTION NO. 09.10.19.2 in accordance with Section 32 of the Public Housing Law, we respectfully request that your Honorable Body consider and approve the attached Memorandum of Agreement between the BMHA and Local 264, White Collar Unit, and Resolution No. 09.20.19.2 that was approved by the BMHA Board of Commissioners at a special meeting held on October 19, 2009. The Memorandum of Agreement includes terms and conditions that apply to all three bargaining units with Local 264 representing Blue Collar, White Collar & Managerial Units as well as items that are specific to each individual unit. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE CITY CLERK NO. 32 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 943 Kensington New Fountain Blue Lounge David A Dizak 1108-1110 Elmwood Mister Goodbar Dominic J. Massaro RECEIVED AND FILED NO. 33 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: Comptroller- Nataliya Zingorenko RECEIVED AND FILED. NO 34 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 35 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 October 6, 2009 in the Department of Common Council Division of Fillmore District to the Position of Intern V Unclassified Open-Competitive Flat Starting Salary of $8.00 Krystyna Nowakowski, 63 Hallan Rd, Buffalo 14216 NO 36 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Certificate of Appointment Appointment effective October 19, 2009 in the Department of Public Works Division of Streets to the Position of Animal Shelter Attendant Temporary Appointment Minimum Starting Salary of $21,527 Heather Murray, 101 Hubbell Avenue, Buffalo 14220 Certificate of Appointment Appointment effective October 26, 2009 in the Department of Audit and Control Division of Accounting to the Position of Junior Accountant, Temporary Appointment Minimum Starting Salary of $33,561 Victoria R. Dabney, 132 Theodore St, Buffalo 14211 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO 37 SURPLUS PROPERTY CASE #05-III-2458 SOUTH PARK AVENUE-KATHERINE STREET TO LEE STREET MAP 34, PARCEL 23 PROPERTY LOCATION: CITY OF BUFFALO Dear Mr. Chwalinski : The property referenced above has been determined to be surplus to current Department of Transportation needs, and will be recommended for direct sale to the adjoining owner. We would appreciate your review of the enclosed information, and ask that you contact our office if the City of Buffalo is interested in utilizing this property for a public purpose. Please be advised that if no response is received by us within 30 days of the date of this letter, we will assume that the City has no interest in the property, and we will proceed with marketing efforts. If you have any questions, do not hesitate to contact Real Estate Agent Barbara Miller at (7 l 6) 847-3160. Thank you for your consideration and cooperation. Very truly yours, FRANCIS P. CIRILLO Real Estate Specialist II REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 38 R. FONTANA-P. ROSS-CONCERNS POOR CONDITIONS AT HOUGHTON PARK I am very disappointed with the Erie County Parks Department and the City of Buffalo Parks Department I paid $25.00 permit fee for a shelter at Houghton Park and the service was really bad, It was a Saturday and the pool, pool house and sprinkler pool was closed. It was a day on the weekend when most working families visit the park with their children and to have the pool, pool house and sprinkler closed is very disappointing. I paid to use the park and wasn't able to have any extra activities for the children. That's why I have it at the park so the children have use of the pool and sprinkler. To have the pool house closed there were no use of restrooms or sinks. The port-a-johns had no toilet paper and were filthy. Also shelter one has no grill (you have to bring your own even though you paid a permit fee), shelter two has a hole in the roof and we had to go to the pool house to get garbage cans. There were none by the shelters. If we must have these conditions then we shouldn't have to pay for services we don't receive. I have been purchasing a permit for a shelter at least once a year for the past 7 or 8 years. This was the worst it has ever been. To close the pool on the weekend makes no sense whatsoever. When the other city and county pools in Buffalo are closed on Wednesday. But not Houghton Park their closed on Saturday. Why? I would appreciate it if you could look into this problem and correct it. The park is a great place to have parties and to take your kids on your days off, Summer is short to begin with and not to be able to take your children to the park on a Saturday or Sunday is very disappointing to the parents and the children. Thank You and I hope you resolve this Problem. Sincerely, Patricia Ross 39 Kopernik St. Buffalo 14206 REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 39 D. GRZEBIELUCHA-CONCERNS ABANDONMENT SALE OF PORTION OF SOUTH PIERCE Dear Councilmembers: I am attaching a copy of Item No. 52, C.C.P. 9/29/09 and Item No. 37, C.C.P. 6/9/09, which were received and filed by Your Honorable Body. • The reason I am writing this letter is prior to the Legislation Committee Meeting my wife, Pam, was advised that this matter was being sent back to the Common Council with recommendations. At that time she was told that the recommendations would be that the abandonment and sale of a portion of South Pierce to Dan & Michelle Derenda, owner's of 41 South Pierce, would be subject to obtaining site plan approval and that the site plan would be subject to including allowing the owner's of 131 Seward 3 ft. of access (the westerly 3 ft. of the 18 ft. of South Pierce being sold to the owner's of 41 South Pierce) to allow vehicle egress and ingress into the backyard of 131 Seward. Without this condition, the City will cut off our only access for vehicles to get behind our house and into our yard. When we installed the gate we did not think that this was a problem being that there was a Section in the City Charter (see attachment) Section 390 Discontinuing and Altering Streets. This section of the Charter, which seems to have been deleted, stated that the street could not be sold without consent from adjoining property owner's or just compensation. Now that this section of the Charter can no longer be found, we were not contacted for consent or just compensation. We have put a lot of money building our home and fencing in our property with vinyl fencing. When we installed the gate we tried to put the gate in various locations, but due to the unlevel grade of the ground this was the only possible spot to place the gate. Everywhere else we tried to put the gate the fence was off the ground by almost 2 feet and defeated the purpose of the gate, which was to let our dog run loose in the yard and to keep him from getting out of the yard. Even if we somehow found another place to put the gate, the cost of relocating the gate is cost prohibitive and not feasible. We need vehicle access into our yard for several reasons, bringing in heavy landscaping materials, servicing our pool and spa and future development. We are thinking of putting up a gazebo and maybe a sunroom in the rear. My wife and I plan to remain in the City after she retires and would like to renovate our home accordingly. Someday, we may need to put a bedroom addition on the first floor by expanding through the back of our home. Without vehicle access to the backyard all of these things would be impossible to achieve for contractors and ourselves. We are asking Your Honorable Body table this item until you receive a communication to approve the abandonment and sale/results of negotiations of the easterly 18' of South Pierce to Dan & Michelle Derenda (owner's of 41 South Pierce). At that time we are requesting that you please approve the abandonment and sale of a portion of South Pierce to Dan & Michelle Derenda, owner's of 41 South Pierce on condition that they obtain site plan approval and that the site plan must include 3 ft of access allowing the owner's of 131 Seward to make the turn into their gate to allow vehicles ingress and egress into the backyard of 131 Seward. The 3 ft. of access would be the westerly 3 ft. of the 18 ft. of South Pierce being sold to the owner's of 41 South Pierce. Thank you in advance for all your patients, understanding and consideration. Sincerely, Donald Grzebielucha REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 40 COALITION FOR ECONOMIC JUSTICE - STATEMENT IN SUPPORT OF MARINE DRIVE TENANTS Dear Hon. Michael Kearns and Waterfront Development Committee members: Good Evening. My name is Andrew Reynolds with the Coalition for Economic Justice. CEJ is a permanent coalition of over 70 faith, labor, community, and academic member organizations. Our coalition runs campaigns at the local and state level in the areas of accountable economic development and workers' rights. The Coalition for Economic Justice shares the concerns of the Marine Drive Tenants regarding the proposed Commercial Slip Parking Structure. Given that we are paying for a large portion of the preparation and final development of the inner harbor through our tax payer dollars, we believe the concerns of residents most affected must be prioritized. The community should have a voice concerning the planning and development of the project. To disregard community input is to disregard the investor's input. We therefore applaud you for holding this public hearing and we strongly encourage you to continue to listen and respond to the concerns of the immediate community adjacent to the Canal Side project as well as the broader Buffalo community. Specifically, with regard to the focus of tonight's hearing on the parking structure, we have several questions and concerns to raise that we believe should be addressed by this body before any further development of the parking structure takes place. • Firstly, the need for such an intense increase in parking is questionable. Has there even been a market study to justify the necessity of yet another parking lot? • What is the purpose of this new parking structure? It seems to us that if there has not been any formal agreement made with Bass Pro, only long drawn out discussion and an MOU, to build a parking structure for them to lure them here is illogical and quite honestly unprecedented. It is truly putting the cart before the horse. If Bass Pro does not end up opening a flagship store in Buffalo will we be left with a useless and unsightly parking ramp? • What is the full cost to local and state tax payers for the development and construction of the proposed parking structure? Will the construction of the parking structure be considered a public works project and subject to prevailing rate requirements? Will local labor be used for the construction? • Further, we are concerned with the health and safety issues raised by the Marine Drive Tenants. This is a community in and of itself. Erecting a parking garage would fundamentally alter that community and poses potential health risks for residents. • The Draft Generic Environmental Impact Statement clearly states that the focus of the Design Guidelines is on the pedestrian. I quote, "To provide a human-scaled setting with good way finding and a comfortable walking environment; the automobile is considered and sought to be convenient, but not dominate the view." l interpret this to mean that a pedestrian friendly design, involving the creation of walkable areas that would allow individuals to safely access and appreciate the waterfront, should be privileged over automobile reliant plans. The proposed parking structure seems instead to indicate that vehicular traffic is being prioritized  A large chunk of public money was invested in the light rail that runs along Main Street. Increasing the capacity or scope of our light rail system should be emphasized so that it can better serve a primary means of transportation for residents and tourists alike. CEJ's concerns for this project go beyond the proposed parking structure adjacent to the Marine Drive Apartments. For the past 4 years, CEJ has been fighting for statewide reform of Industrial Development Agencies as part of a broader platform for accountable economic development. We are not against development, but we strongly believe that when taxpayers are footing the bill for development projects, that those developments should meet clear accountability, transparency and quality job standards. CEJ is committed to challenging the quick fix, silver bullet solutions to urban poverty, job loss, and economic development that we believe the Bass Pro-Benderson plan represents. In examining experiences of other communities such as Cleveland or Baltimore, it is clear that heavy investments in retail and tourism are NOT the quick fixes to a faltering economy. Baltimore, with a history of manufacturing decline similar to Buffalo, aggressively promoted tourism and redeveloped their Inner Harbor in the 1970's and 80's. However, the city neglected to enact standards to ensure that the new tourism jobs were of high quality. As a result, low wages and part time hours are so prevalent that all but three of the city's non-managerial tourism job titles pay less than the federal poverty line for a family of four; many pay far less. When public money is involved, we believe the following commitments should be made regarding development throughout NY State, including on the waterfront development Canal Side project. Revitalization of communities comes from development that recognizes the concerns and needs of community members, and that: Creates jobs that people can live on-NOT just barely scrape by on; • Prioritizes local hiring; Requires prevailing rate be paid for construction jobs, with minority, local hiring, and apprenticeship goals; • Buildings be energy efficient; • Accommodates and nurtures small and local businesses as opposed to big box retailers, so that more money re-circulates in our immediate community; • Focuses all mixed use development; • Maintains existing moderate income housing while making new residential units affordable and available to low and moderate income residents. These are key pillars to high road development, development that embraces the needs of our community. This is especially important when you consider the fact that Buffalo has consistently ranked within the top ten of poor US cities and that we continue to face staggering employment, population losses, and a general decline in our quality of life. To be clear, CEJ recognizes tile importance of developing our inner harbor and revitalizing a critical piece of our history, increasing access to and use of one of our most amazing natural assets, and creating much needed jobs. However, we do not feel that the true reality of the canal side development can be fully recognized if community members concerns go unheard. I would like to again thank you for the opportunity to share CEJ's comments regarding the proposed parking structure. And I would also like to commend the waterfront committee for responding so quickly to the demands of the Marine Drive Tenants. We look forward to continued dialogue and action regarding the proposed parking structure and the broader canal side project to ensure development of a waterfront that works for everyone. Sincerely, The Coalition for Economic Justice REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT NO 41 M. GALLIVAN-CONCERNS COUNCIL ETIQUETTE Council Member David Franczyk For the twelfth time since my first letter, asking you to convene a meeting of your "Waterfront Panel", I did not have the opportunity to speak with you after the Common Council meeting today. Accordingly, enclosed you will find nine postcards; - all depict the City of Buffalo; - all were purchased at Jabco, the little shop in the middle of the Broadway Market; -all were priced at only "three for one dollar". I have placed 28¢ postage stamps on each. Dave, when a "constituent" (or any Buffalo citizen) you, please have the good grace to respond : "got your letter"; "thanks for contacting me" "I'll see what I can do"; "interesting idea". After three letters, I ask : - please don't appoint any panel or committee made up only of people who agree with you; and -please don't appoint a panel that is never called upon to do their task. While I'm at it, I also ask : - please don't ever bang that gavel in the face of another council member; people listen to what you say; give the same respect to others; and -when the public, at a public meeting, politely applauds after a presentation, no one should ever bang that gavel and say "there's no applauding in the council chamber"; we know that's not true. You may want to ask yourself "why", other than those with specific agenda items, average citizens rarely attend the Common Council meetings; you may want to reconsider a council member's suggestion to hold one meeting a month in each council district; parking downtown can be costly. You may also want to make Common Council meetings a bit more citizen-friendly : -even if there's only one or two people, even if those people attend every meeting, welcome the public at the beginning of each meeting; -make sure each visitor knows where to find an agenda; tell them when to turn to "Committee Items", and when to return to "Resolutions"; -don't speed-race through agenda items; if you don't treat council business as important, how will the public; and - on the rare occasions when an agenda item is not simply "approved", "denied" or "referred to", state and then paraphrase the Council's decision. Thank you, for your attention to my comments. Marilyn Gallivan RECEIVED AND FILED NO 42 M. GALLIVANT-INFO ERIE CANAL DEV CORP & REQ INFO RE LEGAL FEES I have two statements I would like to make, in relation to the (10/7/2009) letter sent by Joseph Makowski. 1. I am a resident of Marine Drive Apartments, and I feel we have been treated professionally and fairly by the Erie Canal Harbor Development Corporation. In addition to their other "public" meetings (at which any person can speak, on any issue), ECHDC held three meetings (on 10/29/2008, on 6/17/2009 and on 9/24/2009) specifically for Marine Drive residents. Prompted by allegations made at a 9/23/2009 meeting of the Marine Drive Resident Council, I compiled the notes I took at these three meetings. I found :- -the answers given, to resident questions, were straight-forward and consistent; ex. "Will residents have to pay ?" 10/29 : "No"; 06/17 : "No"; 09/24 : "No". - the information given, was current for that stage of the development; ex. "I can't visualize this." 06/17 : "There are no drawings at this time; they will be at the next meeting." 09/24 : a slide presentation and drawings -resident suggestions were heard and noted; ex. 10/29 : a suggestion regarding retail stores; 06/17 : "was given to the engineers" To be realistic, the people at and working with ECHDC are professionals and, I'm sure, have considered and (at the appropriate time in the "phase" process) will address every "concern" a Marine Drive resident can imagine. 2. At the 9/23/2009 meeting Mr. Makowski mentions in his letter, he was introduced as having been "retained" by the Marine Drive Resident Council. Shortly into his presentation, Mr. Makowski asked the residents present to vote to "retain" him (i.e. so he would be retained by all the residents, not just the Council). At the beginning of this meeting, it was said Mr. Makowski would provide his services "at no cost". Later in the meeting, a resident asked him if he was working "pro bono"; his response was "no". Mr. Makowski went on to say, he was working at a "public interest rate". Whatever the terminology, I would like an honest and straight-forward answer as to who will be paying the fee for Mr. Makowski's "legal services". I sincerely hope the Common Council will ensure Mr. Makowski gives an honest and straight-forward answer to this question. Thank you, for providing this opportunity for residents to speak, and for listening to our concerns. Sincerely, Marilyn Gallivan REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT NO 43 M. KEARNS-REQ BD OF ED TO ASSIST IN DESIGNING A SERVEY RECEIVED AND FILED: RECYCLING Dear Superintendent Williams: As you may know, the City of Buffalo is constantly striving for ways to increase recycling rates amongst its residents and businesses. Small increases in recycling rates can make a big difference in the quality of our local environment and translate to significant cost savings to the City. In July, Mayor Brown announced that through efforts such as the creation of a "Green Team" summer youth program to educate people on the importance of recycling, the City of Buffalo would be aiming to increase its recycling rate 3 percent by April 22, 2010. While the statewide recycling rate currently stands at approximately 12 percent, the citywide recycling rate in Buffalo is closer to 6 percent, about half the New York State's average. One of the most surefire strategies for increasing recycling rates long term in our City is to ensure that people learn to recycle as children, thereby greatly increasing the odds that will make recycling a lifetime habit that they continue as adults. I am hoping to enlist your help in designing and distributing a recycling survey for primary school students in the Buffalo Public Schools. I already have some ideas for this project, but would appreciate your feedback and any ideas that you may have to ensure that this survey is effective and age appropriate. If you are interested in participating in this recycling survey, please contact me so that we can determine a time to discuss this worthwhile project in greater detail. Best Regards, Michael P. Kearns Common Council Member-South District Common Council President Pro Tempore REFERRED TO THE COMMITTEE ON FINANCE NO 44 PHILLIPS LYTLE-INFO PROPOSED COMMERCIAL SLIP GARAGE MARINE DR APTS Dear Mr. Makowski: As you know, we represent Erie Canal Harbor Development Corporation ("ECHDC') with regard to Inner Harbor development efforts in Downtown Buffalo. We are in receipt of your letter to Common Council President David Francyzk requesting that the Common Council hold a public hearing concerning certain "unanswered questions" your clients, residents of the Marine Drive Apartment Complex, have regarding the proposed Commercial Slip Parking Garage. As an initial matter, I note that we were somewhat surprised by your letter being that we have offered in writing to meet with you on several occasions so that we may discuss your clients' concerns. I know in discussions with Mr. Manning that you have expressed some concern over the current review processes going on for the Commercial Slip Garage. I hope I can clarify some things for you. The Commercial Slip Garage is being undertaken in close proximity to and during the same time frame as the proposed Canal Side development, a 1,075,000 square foot mixed use project to be anchored by a Bass Pro Outdoor World Store. Thus, to avoid any segmentation issues, for purposes of the environmental review process being conducted under the State Environmental Quality Review Act ("SEQR'), the impacts of the Commercial Slip Garage are being reviewed as part of the larger Canal Side development. Empire State Development Corporation ("ESDC") is the lead agency for purposes of the SEQR process for Canal Side and is in the midst of a full environmental review involving an environmental impact statement or "EIS'. The Commercial Slip Garage will also be funded, in large part, through the Federal Highway Administration ("FHWA"). As such, FHWA has an obligation to conduct its own environmental evaluation pursuant to the National Environmental Policy Act ("NEPA'). Thus, there are two separate review processes currently being conducted involving the Commercial Slip Garage. In terms of ESDC's SEQR process, you may not know, but there are several public hearings and comment/review periods required in association with the EIS process. First, there is a hearing associated with the scope of the EIS. This hearing focuses on public input to the issues that should be studied in the EIS. The scoping hearing for the Project was held on February 25, 2009. Many of the residents from Marine Drive were present. In fact, Joe Mascia, a resident of Marine Drive and a Commissioner with the Buffalo Municipal Housing Authority, testified at that hearing. While he did express some general concerns about impacts to Marine Drive residents, Mr. Mascia did not express any specific concerns about the Commercial Slip Garage and, instead, focused on whether Bass Pro was a suitable anchor for the proposed Canal Side development. There is also a public hearing associated with the DGEIS. Once the DGEIS is drafted (based on the final scope which is issued following the scoping public hearing), it is released to the public for review and comment. The DGEIS for Canal Side was released on September 17, 2009. As I believe Mr. Manning has informed you, a public hearing on the DGEIS is scheduled for October 20, 2009. As required by SEQR, all substantive comments made at the hearing or submitted in writing before the close of the DGEIS comment period on November 2, 2009 will receive written responses in the Final Generic Environmental Impact Statement on "FGEIS'. Following issuance of the FGEIS, there is another (minimum ten day) review period before final project decisions may be made. Aside from the EIS public hearings, there will be separate hearings held for the General Project Plan ("GPP') to be adopted by ESDC for Canal Side under Unconsolidated Laws § 6266. We also understand that City representatives have offered to host additional information meetings with Marine Drive residents. In addition to being surprised by your request that the Common Council hold a public hearing (in light of the numerous public hearings and comment/review periods already being held), we were also surprised by your characterization of the Project as being "fast tracked". Initial planning for the Commercial Slip Garage originally began in the late 1990's. The levels of activity at any particular time may have varied over the last 10 years. However, we trust that you would agree that one could hardly characterize a decade long process (so far) as "fast tracked". Further, we are far from final decisions until the SEQR and GPP processes for Canal Side and the NEPA environmental process for the Commercial Slip Garage are completed. As a final matter, I would note that there has been extensive outreach to Marine Drive residents since ESDC began redevelopment efforts along Buffalo's Inner Harbor in the mid-1990s. ECHDC, which was formed in 2005, has continued meeting with Marine Drive residents regularly. In fact, ECHDC has had no less than 4 direct meetings with Marine Drive residents in the last year. Simply said, ECHDC is committed to addressing and resolving all reasonable concerns of the Marine Drive residents. In this regard, we would offer, for a third time, to meet with you and your clients to discuss their concerns in greater depth and attempt to provide answers to their questions. Again, we hope you will take the time to review the DGEIS which supplies answers to many of the concerns you identified in your letter to Common Council President Francyzk and we strongly encourage you and your clients to participate in the upcoming DGEIS public hearing on October 20 and submit any written comments before the close of the comment period on November 2. In light of all of the above, we do not believe it is desirable for the Common Council to hold a separate public hearing at this time. Indeed, coming the day after the DGEIS public hearing could very well be counter-productive causing confusion amongst the public. For instance, some members of the public may forego the DGEIS public hearing believing instead that they should attend the Common Council hearing. This could easily result in their concerns not being addressed in the FGEIS. Thus, we would strongly suggest that you ask that the Council postpone any hearings until after the SEQR and GPP processes have been completed. This will give the on-going processes a chance to work to resolve your clients' concerns. We look forward to hearing from you. Very truly yours, Phillips Lytle LLP REFERRED TO THE SPECIAL COMMITTEE ONWATERFRONT DEVELOPMENT NO 45 R. TACZKOWSKI-CONCERNS PROPOSED COMMERCIAL SLIP GARAGE-MARINE DR APTS Thank you, Mr. Chairman for holding this hearing. My name is Richard L. Taczkowski. After performing public service throughout New York State for most of my adult life, I took up residence at the Marine Drive Apartments in May of 2008, where spend much of my time when am not in the Southtowns attending to an aging parent's health and business matters. In 2006, after 2 years of full time study, I was awarded a Master of Urban Planning degree from the University at Buffalo. I have worked in the field elsewhere, but owning partly to limited opportunities presented by Buffalo's dismal economy, I have not been able to fully utilize my training, except to assist the City of Buffalo, its residents and community groups, in several volunteer consultant capacities. Having been a former liaison to the planning board and zoning board of appeals of the Town of North Collins, where I served variously a councilman, deputy supervisor and village trustee during most of the 1990s, I am fairly conversant with the SEQRA and GElS processes. Even with this background, I freely admit that, like most citizens, the press of daily living prevents me from having the time necessary to fully read and digest all of the applicable documents relating to Canal Side. I hope, nonetheless, that I can add helpful information to aid in your deliberations. Attendance at the various meetings and hearings and preparing thoughtful testimony is about all any agency like the Erie Canal Harbor development Corporation (ECHDC) should ask of the citizens of Buffalo. Although I signed the petition opposing the ramp, not being a member of the Marine Drive resident council or, as was the case with the vast majority of residents, not present at some recent tenant association meetings, I was not party to the decision to retain (on a pro bono basis), Mr. Makowski to represent the council and association. While I am not opposing that action, and completely understand why others thought it necessary, this resident, if asked ahead of time, would have preferred more dialogue and negotiation in advance of the decision to proceed in a more legally adversarial route. Nonetheless, I fully support Mr. Makowski's surveying the legal landscape of this project, with the hopes that the intercession of the Common Council, and other governmental entities, along with open dialogue and negotiation with ECHDC, will preclude the need for litigation. (Parenthetically, it is my understanding that issues of tenant representation; roles of the resident council vis a vis property management; and which governance model should be utilized at the complex; have been ongoing sources of debate among some residents.} Due to the contentious nature of current Buffalo and New York State politics, I feel compelled to state for record that lam not on anyone's side or in anyone's "camp" on this issue. Nor was I involved in either candidate's mayoral campaign this year. Hence, my considered opinions and recommendations-- both as an independent-minded Marine Drive resident and trained urban planner-- are strictly my own. I have come to know the waterfront and downtown through extensive walk-abouts through the entire area, which has allowed me to see the developments and existing conditions in detail "On the Ground," as they say. I have also used my planning education to view the area "From the Air': That is by utilizing aerial photos and maps, thus providing the "Big Picture" of what is transpiring and possible there. I want to say from the outset, that, due to my other responsibilities and the fact that I have not been retained by anyone to do so, I have not had the luxury of studying in detail all of the plans put forward by the Erie Canal Harbor Development Cooperation. However I feel confident enough in my grasp current city plans and proposals to make some preliminary professional observations. Before doing so, I want to mention that after having resided in units near the Skyway/I 290 complex and facing the recent demolition and construction site, I was diagnosed by an allergist as having an allergy for mold and a respiratory reaction to irritants, such as dust and exhaust, for which the specialist prescribed an inhaler for the first time in my life. I had to keep my windows closed for much of the summer to avoid the odors and dust coming from the highway and demolition. All this compelled me to request a move to a better location. I can only imagine how this situation will be exacerbated by the construction and use of a four to six story parking ramp; not to mention the particulate matter from additional carbon emissions that my allergist couldn't even measure. At an informational meeting for Marine Drive residents at the Pearl Street Grill Brewery, sponsored by Assemblyman Hoyt and Senator Stachowski just before their 2008 reelection. I addressed ECHDC Chairman Jordan Levy about the need to make the area pedestrian and bicycle friendly, with small scale local retail services like cleaners, shoe repair, small grocers, coffee shops, car rentals, pharmacies, and perhaps even some health practitioner's offices, open into the evening for the convenience of both visitors to Canal Side and Marine Drive, Waterfront Village, condo, loft and apartment dwellers alike. I was happily told this message was heard and that these features would be incorporated into the final plan. I understand that some of this could go at the base of a multi- story hotel (that posses separate problems) near the Commercial St. corridor of the current M.D. parking lot. We have heard the public comments of Mr. Levy, whom I tremendously respect, that one of his biggest satisfactions of with regard to the "Rock the Harbor" concert series is the influx of so many suburbanites to the waterfront and downtown. While this component is crucially important to the success of any commercial destination development, I am concerned that the local goods and service component, which would benefit visitors and residents of all economic and social classes, has not been fully planned out, or at least not widely disseminated and discussed. In addition to the obvious attendant noise, pollution, traffic, and security issues posed by a parking structure within the current surface parking lot of Marine Drive apartments, is the issue of increased density, making for a less pleasant living experience for residents. Architectural historians may tell you that many of the housing projects of the fifties were built in a basic "Corbusian style." Swiss architect, Le Corbusier, devised the concept of "Towers in a Park," which called for high rises containing people living in close proximity to one another. However these densely packed conditions were mitigated, and indeed complimented by common green space, gardens, play areas, and mixed- used ground floors that contained shops, conveniences and services that residents in each part of the complex could avail themselves of. You may find many of these elements today at Marine Drive, if only in a limited way. The "Towers in the Park" paradigm can not work healthfully and optimally if the park (i.e open green space, or open view-sheds are eliminated by a combination of vertical and horizontal development. The built-in complementary and functionality of it is lost when the people- to- space ratio is unacceptable. An artist's bird's-eye-view rendering of the complex seen on the wall of the Marine Drive Office, will show a base ball diamond and athletic filed where the parking lot now sits. I understand much of M.D.'s parking was near Erie Street, which was reconfigured in the early 80s for the current suburban-style landscaping leading up to Shanghi Red's and the Erie Basin Marina. For whatever reason, this green space was never reclaimed elsewhere. Although Matt Davidson of ECHDC pointed out in an e-mail to me that new recreational space was created at Canal Side, a call to Morgan Smith, operations director at Buffalo Place, informed me that current rules allow playing catch on the area, but no "competitive sports" such as a pick up touch football game. Long time residents tell me that Marine Drive is becoming increasingly large-family oriented. Many residents have complained about the somewhat understandable noise the children create at the play-round or surrounding green areas. How would a proposed ramp, which would create a visual and physical barrier, essentially hemming in the apartment complex, add to the recreational and pleasant enjoyment of the common areas for children and adults who already feeling squeezed in more ways than one? I attended informational sessions on the ramp at Marine Drive in June and at ECC City in September. At the June meeting, I indicated concern with the lack of grade level ped/bike/handicapped access to the development and downtown, without having to traverse the streets leading east from the north and south perimeter of the parking lot. It is ludicrous that a pedestrian should have to enter a ramp, and get in a car to drive out of the complex. (Incidentally, I am researching the history of these roads ringing Marine Drive. I find it hard to believe that these were all always public thoroughfares subject to the 30 m.p.h, speeding limit.} At the ECC meeting, almost four months after our concerns were aired; I saw no drawings with the ped/bile walkway I suggested, nor any information on car exhaust remediation, noise- baffling engineering features, security plans, retail services or anything that would mitigate the negative externalities posed by the operation of this ramp. I did hear that a mixed use ramp was out of the question due to funding parameters. I assume that is because that retail components are going elsewhere, leaving many economically challenged and ethnically diverse residents of Marine Drive to host the least desirable of all elements of this development. Many on the following recommendations may not seem germane to the specific issue of the parking garage. I would submit, that any holistic, comprehensive approach to city planner would assert that issues of complementarily and compatibility with other land uses are of crucial importance in deciding whether to build a ramp at Marine Drive. This approach needs to replace the somewhat more narrow focus that appears to inform the development process. Recommendations (if they already have not been considered and can be implemented within applicable laws, rules and regulations, and an expedited time frame): • The Common Council should call for the Parking Board and/or other appropriate agencies to commission an outside firm to conduct a comprehensive parking study to determine projected needs, under-utilized current surface space and structures, and traffic impacts attending various parking scenarios envisioned not only by the Canal Side project, but how parking outside of the project area impacts the project and vice versa.  The Common Council should request the NYS Office of Parks, Recreation and Historic Preservation to become intimately involved in permanently overseeing the historic integrity of the project, including the current public realm.  The council should ask OMRHP to give Canal Side a formal historic designation and station park rangers and interpretive specialists on site to provide visitors with a fuller experience and monitor any agreements OMRPH may make with ECHDC with respect to preserving the historicity of the site.  Request BMHA, ECHDC and applicable youth and park agencies, to asses the availability of recreation for Marine Drive and active Waterfront Village youth. Ask Canal Side to incorporate interesting free recreational alternatives on the project site, while encouraging and facilitating better bicycle access through Waterfront Village to LaSalle Park, which I understand is slated for major improvements.  Ask the Office of Strategic Planning to access the likelihood of future the straitening of Erie Street, in light of the recommendations in UB Urban design Project's "Queen City Waterfront Plan." Also, what is the likelihood that downtown bound traffic would be routed on the outer harbor and connected to Erie Street via a vehicular bridge? What might this do to the landscaped greenway, trees, and medians that now adorn the westerly lake view from the apartments? Also, how would parking pressures be addressed or increased by the construction of a hotel near Shanghai Red's?  Request that OSP and ECHDC conduct a study of the potential spinoffs and impact on the Main Street retail starting with the plaza billings at HSBC tower and working up to the Main Place Mall and ending atTupper Street. Will the development future decimated the vibrant downtown of the 40s-70s in the same way as the 300 and 500 blocks functionally replaced lower Main St. and the waterfront as the locus of commercial activity? Or will Canal Side spur adaptive reuse, historic preservation and retail up Main?  Ascertain what role GBNRTC, NFTA0 NYSDOT, and other entities will play in establishing a multi-modal transportation center  Although it is late in the process, call upon ECHDC to hold planning charettes to fully engage residents and stakeholders in brainstorming and discussion of all remaining aspects of the development. Area that can't be modified should be determined up front to reduce false expectations and wasted time and effort on the part of charrette participants. REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT NO 46 P. TRONOLONE-DRAFT GENERIC ENV IMPACT STATEMENT-CANAL SIDE PROJECT New York State Environmental Quality Review Act Draft Generic Environmental Impact Statement Copy available for review in the City Clerks Office REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT NO. 47 M. LOCURTO CANAL SIDE DGEIS COMMENTS Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council session to be held October 27, 2009. Thank you in advance for your assistance in this matter. Dear Mr. Tronolone: Thank you for this opportunity to comment on the Canal Side Draft Environmental Impact Statement (DGEIS). As one of the largest proposed development projects in the city in many years, Canal Side is obviously of great interest to the Buffalo Common Council. As an individual Councilmember, I must note the large public investment required to bring this project to fruition. According to the ECHCD, the cost of Canal Side will be $315 million, which includes both public and private investment. In order to see the fullest return for that public investment, I believe that the project should have clear, legally binding agreements regarding sustainable design and green infrastructure; set aside space for local, independent businesses; and job quality and access. It is only through such agreements that the substantial taxpayer price tag can be justified. These agreements should be in place before any contracts or leases are awarded or approved. A project of this magnitude, heavily financed by public subsidies, must benefit the entire community. That is why I am joining others, including the Coalition for Economic Justice, in calling for a Community Benefits Agreement that: Ensures the creation of quality permanent Living Wage jobs; Requires prevailing rate be paid on all construction jobs, with minority, local hiring, and apprenticeship goals; Includes a green building and green infrastructure requirement so that all buildings meet LEED-Silver standards or their equivalent; Accommodates and nurtures small and local businesses so that more money re- circulates in our immediate community by setting aside appropriately sized commercial spaces for local, independent businesses; and Focuses on mixed use development Working for Today - Planning for Tomorrow While many of these points are mentioned in the DGEIS, there does not exist the clear, enforceable goals that a Community Benefits Agreement would provide. Without such an agreement establishing specific goals, requirements, and enforcement mechanisms, I fear this project will not yield an adequate return on the considerable public investment required in this project. In the third poorest city of its size in the country, attracting businesses and creating jobs is clearly of the utmost importance. However, we need to attract accountable businesses and create quality jobs. A legally binding Community Benefits Agreement will achieve these goals. Again, I thank you for the opportunity to comment in the Canal Side DGEIS. I look forward to the continuing dialogue surrounding this project. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 48 J. SCHRODER-ISSUES STILLWATER NIGHTCLUB 481-483 DELAWARE Dear Councilman Fontana: Please find enclosed a letter to President Franczyk and Members of the Common Council. We would greatly appreciate your approval for late filing th. in order to put our concerns on the agenda for the next meeting on Tuesday, October 27Thank you for your consideration. Sincerely, Dear President Franczyk and Members of the Common Council: As you know, in addition to being a resident of the Midway (Row Houses on Delaware Avenue between Allen and Virginia), I also represented a group of neighborhood residents more than one year ago relative to the issuance of certain licenses and permits for the Stillwater Nightclub and Restaurant, a business establishment in the Midway (481-483 Delaware Avenue). Background The residents were successful in opposing the proposed issuance of a permit for a large outdoor patio. Subsequently, the issue was raised as to various permits necessary to run the already existing Nightclub and Restaurant. Ultimately, the Stillwater was granted the permits it was seeking with input from the residents as to the conditions that should be placed upon such permits with a condition that the permits be subject to review and renewal every year. The Licenses at Issue My understanding is that while one permit has recently been renewed, two others are currently up for review, including the Stillwater's Restaurant and Dance License permit. I would like to give advance notice to the Common Council that the same group of residents will be opposing the renewal of those permits on the grounds that the Stillwater Nightclub has not operated in accordance with the express conditions placed upon the original permit in the first instance. Excerpts from the Common Council proceedings October 28, 2008 reveal the following: A communication from the Department of Economic Development, Permit and Inspections Services, dated October 23, 2008, was received and filed. Further, pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services was authorized to grant a Restaurant Dancing Class III License to William R. Goodhue d/b/a Stillwater Grille, LLC located at 483 Delaware Avenue, with the following conditions: The licensee shall provide security at each of its exits and said security will enforce a policy that does not permit removal of alcoholic beverages from the interior of the premises; That the licensee enforce a policy that there be no loitering outside of the premises, in front of or behind the premises for the purposes of drinking; That the licensee keep the parking lot behind the building free and clear of individuals drinking; That the licensee promptly respond to any and all complaints from the neighbors and/or police of excessively loud music, unruly patrons or people loitering; That the licensee shall keep al! entryway and exit doors closed and that no, doors be propped, hinged or kept open; Security cameras will be installed for review as necessary; License will be subjected to review before renewal is required. Private Investigators The neighborhood group has again retained the services of private investigators to document that the Stillwater has been in non-compliance with express conditions noted above and we are prepared to share that evidence with the Common Council at the appropriate juncture in considering a renewal of said licenses. Security The Stillwater has provided security at the exits and entrances of the establishment. However, those security men are not proper security personnel as required by law. Those security personnel have also turned a blind eye to violence and misconduct on the premises, including but not limited to violence occurring between two Stillwater patrons in the back parking lot of the Stillwater due to (according to the security officers) racial issues, which was captured on our undercover video. Under the law, the security hired by the Stillwater must be licensed and trained pursuant to the Rules and Regulations of the New York State Liquor Authority. These security personnel have confirmed to our investigator that they hold no such licenses and that they have not been so trained. Furthermore, Stillwater security permits patrons to leave the premises with alcohol and permits loitering in the front and the rear of the premises. Complaints We have requested that the Buffalo police forward to your offices the complaint records for 481-483 Delaware. We were only permitted to ask the Buffalo police for call records for one address, which we did. However, I am informed by certain residents that complaints were made where the caller identified the properties complained of simply as the "Stillwater" or similar such name or for another address such as 487 or 489. It is our belief that the police have not been totally responsive to such calls for whatever address has been complained of and we have watched police cars pull up only to pull away without the officer leaving the car, or that the noise and other problems are addressed by the police but that as soon as the police leave, the problem resurfaces. Clearly, there have been incidents of unruly patrons, and the police have been called for such instances. Propped Open Doors This has been a significant problem and has added to the noise and quality of life concerns for residents. Despite the mandate in the license that doors cannot be propped open, such are regularly propped open and we have documentation that the Stillwater is in violation of this condition often, and, as a result, noise from the Stillwater premises can be heard far down the street from the Stillwater and across the resident's property lines. Further, we note that the City Charter prohibits such unreasonable noise under § 293-4: Specific acts constituting unreasonable noise. The following acts and the causes thereof are declared to be in violation of this chapter and to constitute unreasonable noise: ..... B. The use of any sound-reproduction device inside a structure in such a manner as to result in the sound or any part thereof from such apparatus to be projected therefrom outside of the structure or out of doors at any time within the residential areas or during night hours in the commercial areas whereby the sound can be audibly heard more than one hundred (l O0) feet from the real property boundary line from which the noise emanates. Sound which crosses any real property boundary shall be deemed to be projected within the meaning of this chapter. Nothing within Subsections A and B herein shall be construed to prevent the operation of any such apparatus by any person within any building or structure, provided that the sound therefrom or any part thereof is not projected outside of any building or out of doors, or to prohibit the use of any apparatus with a personal earphone so that the sound therefrm or any part thereof is not audible to persons other than the user of the earphone. Security Cameras One of the reasons that the Stillwater was required by the Common Council to install security cameras was for the purpose of being able to document their compliance with the requirements of the permit and so that the residents would not have to engage costly private investigator services again, as we did the last time, to prove the Stillwater's noncompliance. We are informed that, in fact, there are no such installed security cameras (by the security personnel at the Stillwater) and a simple review of the area does not reveal any such installed cameras. Back Due Taxes and Foreclosure Furthermore, the troublesome question of back due City of Buffalo taxes is still an issue. Much was made of this issue in the proceedings over one year ago. The properties for 481-489 Delaware are combined for tax purposes as noted in the Common Council proceedings and, from what we can tell, in City records. The attorney for the Stillwater promised that all back taxes would be paid during the course of last year's proceedings. That has not occurred. Taxes in the amount of $29,541.68 for both 2008 and 2009 are owed for the property that the Nightclub Restaurant and Bar are located in. A portion of the Nightclub Restaurant and Bar are located in 487 Delaware Avenue, which has not paid taxes for 2007, 2008 and 2009, and is set to go to a foreclosure sale next week (487-489 Delaware Avenue). The taxes due on these properties are approximately $61,201.28. Conclusion The residents are ready to move forward with their opposition to the re-issuance of Stillwater licenses and hope that these Honorable Common Council Members will notify the undersigned what the next step is, in this process. Thank you very much. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 49 D. VINCENT-DAMAGE TO RIM AND TIRE AVAILABLE FOR REVIEW IN THE CITY CLERK’S OFFICE Mr. Fontana moved that the attached communication is received and filed and that the Law Department especially the acting Corporation Counsel is authorized and directed to approve a claim in the amount of $1,223.38 and paid to Desiray Vincent, 61 Cortland Avenue, Apt 2 from Account Org 17221008 480205 Judgement and Claims upon receipt of closing documents. PASSED A.B.B. AYES – FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RIVERA, RUSSELL, SMITH - 8 NOES - DAVIS - 1 NO. 50 WKBW-CLOSING INFO This year, WKBW will once again provide the leading technology to schools, businesses and organizations for weather related closings and cancellations. Our computer system has been upgraded and will greatly enhance the speed and accuracy of broadcasting operating status and closing information during inclement weather conditions. The telephone number to access the WKBW Closing System is 845-0081. The ID number assigned to Buffalo Common Council is-l~lQ, Also included are detailed directions that will walk you through the simple process of our touch-tone telephone system. Please note that our Special Status Codes have changed from previous years. We encourage your authorized representative(s) to call our system to get reacquainted using your ID number and the overall operation of our system. Within seconds of hanging up the phone, your closing information is available to us for broadcast. It is the judgment of WKBW management when to broadcast closing information on air during the broadcast day. We will have closing information available during newscast times with priority given to all public, private and catholic schools as well as colleges and government agencies first. Up to the minute closing information is always available for viewing 24/7 on our website at www.wkbw.com. If you have made any changes such as: primary contact name, address or listing , name please email these changes to c!osings@,wkbw .com RECEIVED AND FILED PETITIONS NO. 51 G. LEWIS & OTHERS-OPPOSE CONSTRUCTION ERIE CANAL HARBOR DEV CORP The undersigned, a resident of the Marine Drive Apartments does herby oppose construction by the Erie Canal Harbor Development Corporation of the Commercial Slip parking Garage due to the adverse affect which the project will have upon quality of life of Marine Drive residents due to increased traffic congestion, air pollution, noise, crime and public safety concerns. Copy Available for review in the City Clerks Office REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT NO 52 S. LOUBERT & OTHERS-REQ APPROVAL OF BMHA CONTRACT Copy available for review in the City Clerks Office RECEIVED AND FILED NO. 53 M. LOCURTO-C. DALEY & OTHERS-OPPOSE RE LICENSING EL WASEEM’S STORE October 20, 2009 On behalf of the newly created Oxford Square Block Club we would like to join our neighbors of the Linwood Preservation District in requesting the permit to re-open the EI-Wassem Store be denied. Our neighborhood is defined as Linwood, Main, Ferry and Delevan or also known as the "Ivy Triangle". Our 30 plus Block Club members feel this store is a nuisance and an epicenter for illegal criminal activities, contributes to litter, and attracts an unsavory element of loiterers that creates unsafe conditions in the greater Oxford and Linwood areas. I myself have called 911 in recent months as a group of 25 people were preparing to fight each other in the street who were loitering at this location. This store also represents a destabilizing element for a neighborhood that is revitalizing itself. EI-Wassem's unkempt appearance, trash strewn into the streets from "customers", and drug transactions that openly take place at this location are not welcome. This store needs to be held accountable for the destruction it encourages in the neighborhood. Any legitimate business would not tolerate, or turn a blind eye to such activities taking place around it that it knowingly attracts. Since the store's closing numerous Oxford Square residents have commented on how quiet the area has become. Speeding cars have vanished. Litter has decreased, and the loitering of unsavory individuals walking our streets has also disappeared. It was those same people who frequented the store that many neighbors believe were also responsible for acts of arson, graffiti, theft, and vandalism in our neighborhood. Overall calm has returned to the neighborhood, and particularly to the lower portion of Oxford where the store is located. This store has done nothing more than be an eyesore and distraction to a neighborhood that is seeking to redefine itself, and be safer and cleaner for all of our residents. Please deny the request to re-open this business, and let's work together to attract and recruit a viable business other than one that is nothing more than a front and attraction for illegal activity. Sincerely, John Bry Oxford Square Homeowner and Oxford Block Club Liaison REFERRED TO THE COMMITTEE ON LEGISLATION. REGULAR COMMITTEES CLAIMS COMMITTEE (MICHAEL P. KEARNS, CHAIRPERSON) NO. 54 PERSONAL INJURY That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: A. 1. Diane Pmitt, Mother of Dominique Pruitt $ 7,500.00 A. 2. Shawn Halas $ 5,750.00 A. 3. Tammi Yetzer P/N/G Alexis Yetzer $ 5,000.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED AYES - 9 NOES - 0 NO. 55 PROPERTY DAMAGE That, upon the recommendation of the Corporation Counsel, the foIlowing actions for property damage arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: B. 1. Jinie Agee $ 924.81 B. 2. Dexter Frank $ 1,170.75 B. 3. Clarence & Darlene Gibson $43.48 B. 4. Thomas Peters $ 483.93 B.C.C.C. B. 5. Miracle Reed McCoy $1,700.42 B. 6. Safeco Ins. a/s/o Edison Street Church $49,000.00 B. 7. George Shirmers $ 132.48 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED AYES - 9 NOES - 0 NO. 56 MISCELLANEOUS REIMBURSEMENTS That, upon the recommendation of the Corporation Counsel and the appropriate City Departments, the following claims be paid: C. 1. Tomika Birl $90.00 C. 2. Nicholas Horvath $.50 C. 3. Joal Massimi $ 353.43 C. 4. Booker Nailor Sr. $ 165.00 C. 5. Simply Myself Inc./Prish Moran $ 4,770.00 C. 6. Marquis Ware $ 270.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED AYES - 9 NOES - 0 NO. 57 MISCELLANEOUS INVOICES That, upon the recommendation of the Corporation Counsel and the appropriate City Departments, the following claims be paid: D. 1. AAA Safe & Lock Co. $229.31 D. 2. Ameripride Linen Apparel Services $ 33.21 D. 3. Bison Elevator $4,659.50 D. 4. Buffalo Alarm Inc. $105.00 D. 5. Buffalo News $ 2,359.36 D. 6. Buffalo News $ 205.02 D. 7. Buffalo OccMed LLC $133,518.97 D. 8. County Line Stone Co. $ 15,930.29 D. 9. County of Erie $ 50,000.00 D. 10. Coventry WC Services $108,228.00 D. 11. DFT Communications $472.50 D. 12. Dival Safety $75.00 D. 13. Ferguson Electric $455.73 D. 14. Halsey Reid Equipment $200.36 D. 15. Huron Sprinklers $135.00 D. 16. John W. Danforth Company $694.54 D. 17. Mountain Glacier $119.52 D. 18. Police Athletic League $ 38,027.50 D. 19. Rinaldo, Thomas N. $600.00 D. 20. SGS Testcom Inc. $2.57 D. 21. Safety Kleen $388.91 D. 22. TelogisInc. $ 1,749.65 D. 23. Tony's Roadside Service $ 7,398.56 D. 24. Verizon $167,396.34 D. 25. Verizon Wireless $ 649.55 D. 26. Verizon Wireless $ 334.44 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED AYES - 9 NOES - 0 NO. 58 CONTRACT SETTLEMENT That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following contract settlement be paid: 1. Urbitran Associates $30,000.00 That a check be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED AYES - 9 NOES - 0 CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 59 APPT REAL ESTATE SPECIALIST(PERM)(MAX)(GRZEBIELUCHA)(STRAT PLAN) CCP# 8, 10/13 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED NO.60 APPT CHIEFPUMPING PLANTENGINEER(PERM)(MAX)(HOGUE, JR.)(PW) (CCP# 15, 10/I3) Mrs Russell moved That Communication 15 of October 13, 2009 be received and Filed and that the Permanent Appointment of Herbert E. Hogue Jr., 137 Breckenridge St, Buffalo, NY 14213 at he Maximum Salary of $44,009 is hereby approved. PASSED AYES - 9 NOES - 0 NO. 61 APPT SENIOR SPECIAL ASSISTANT (EXEMPT)(LEADERSDORF)(A&F) CCP# 26, 10/I3 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (MICHAEL P. KEARNS, CHAIRPERSON) NO. 62 BUFFALO CIVIC AUTO RAMPS - ADDENDUM TO AGREEMENT FOR SERVICE (ITEM NO. 1, C.C.P., OCT. 13, 2009) That the Chairperson of the Board of Parking be, and she hereby is authorized to execute the addendum to a contract with Buffalo Civic Auto Ramps, Inc. for the maintenance of the City's Residential Area Parking Program Lots upon the same material terms as that attached to the above communication. PASSED AYES - 9 NOES - 0 COMMUNITY DEVELOPMENT (MICHAEL J. LOCURTO, CHAIRPERSON) NO. 63 769 BEST FORMER SCHOOL NO. 59 - PARKVIEW LOFTS, PERMISSION TO DESIGNATE DEVELOPER (ITEM NO. 5, C.C.P., OCT. 13, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the Common Council approve the designation of Inclusion Development Associate as the Redeveloper of 769 Best upon the terms and conditions as listed in the above communication, and the Executive Director of Strategic Planning be, and he hereby is authorized to prepare a Land Disposition Agreement for the redevelopment of 769 Best (former School No. 59); and forward to the Common Council for final approval. PASSED AYES - 9 NOES - 0 NO. 64 R. REINAS-MEM OFAGMT BTWN COB AND PBA(2004) CCP# 55, 10/13 Mr. LoCurto moved That the above item be the same and hereby is Received and Filed ADOPTED NO 65 A. THOMPSON-CONTAMINATION/REMEDIATION OF LOTS ON JEFFERSON AVE CCP# 58, 10/13 Mr. LoCurto moved that the above item be recommitted to the Committee on Community Development ADOPTED NO 66 REPORT OF SALE - 79 WALDEN (ITEM NO. 18, C.C.P., MAY 26, 2009) (ITEM NO. 94, C.C.P., SEPT. 1, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved that the above item be recommitted to the Committee on Community Development ADOPTED NO 67 M. LOCURTO-COB RESP TO HUD DETERMINATIONS-CDBG Mr. LoCurto moved That the above item be the same and hereby is Received and Filed ADOPTED LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRPERSON) NO 68 FOOD STORE LICENSE - 1019 KENSINGTON (ITEM NO. 19, C.C.P., OCT. 13, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to DENY a Food Store License to Mohamed Al-Dubaishi d/b/a B-LO Mini Mart located at 1019 Kensington. DENIED NO 69 FOOD STORE LICENSE - 1534 MAIN (ITEM NO. 20, C.C.P., OCT. 13, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That pursuant to Chapter 194 of the City Code, the Commissioner of Economic, Development, Permit and Inspections Services be, and he hereby is authorized to DENY Food Store License to Yaqoub Alwasim d/b/a Mr. Millenium Food Mart located at 1534 Main Street. DENIED NO 70 SECOND HAND LICENSE - 1860 SENECA (ITEM NO. 24, C.C.P., OCT. 13, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspections Services be, and he hereby is authorized to grant a Second Hand Dealer License to Colleen Walsh d/b/a Seneca Jewelry Wholesale located at 1860 Seneca Street. PASSED AYES - 9 NOES - 0 NO 71 R. RIENAS-PBA RESPONSE-771 BUSTI AVE. PROPOSED LANDMARK DESIGNATION (#54, 10/13) That the above item is hereby referred to the Committee on Community Development. ADOPTED NO72 LOCAL LAW INTRO. NO. 4 (2009) TAXES AND ASSESSMENTS (ITEM NO. 84, C.C.P., OCT. 13, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the Local Law as contained in Item No. 84, C.C.P., October 13, 2009, be and the same hereby is approved. PASSED AYES - 9 NOES - 0 NO 73 T. BRIATICO, PETITION TO USE 194 MAPLE - PARKING LOT (ITEM NO. 16, C.C.P., SEPT. 15, 2009) (ITEM NO. 70, C.C.P., OCT. 13, 2009) 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 74 T. BRIATICO, PETITION TO USE 203 MAPLE - PARKING LOT (ITEM NO. 17, C.C.P., SEPT. 15, 2009) (ITEM NO. 71, C.C.P., OCT. 13, 2009) 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 75 B. BAUMKER, PETITION TO USE 517 NIAGARA STREET - POLE SIGN (ITEM NO. 80, C.C.P., SEPT. 1, 2009) (ITEM NO. 72, C.C.P., OCT. 13, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the petition of B. Baumker, agent, for permission to use 5 I7 Niagara Street for a 15' maximum pole sign height to the top of the sign and hardy perennial plantings at the base of the sign" be, and hereby is approved. Motion by Mr. Davis to Recommit, Seconded by Mr. Smith Ayes-Davis, LoCurto, Russell, Smith - 4, Noes-Fontana, Franczyk, Golombek, Kearns, Rivera – 5 LOST Motion by Mr. Golombek to Approve, Seconded by Mr. Rivera. PASSED Ayes-Fontana, Franczyk, Golombek, Kearns, Rivera – 5. Noes-Davis, LoCurto, Russell, Smith - 4 NO 76 R. FONTANA-CONCEMS WATER SERVICE LINE INSURANCE CCP# 37, 9/29 Mr. Golombek moved That the above item be the same and hereby is Received and Filed ADOPTED RESOLUTIONS NO 77 BY: MR. FRANCZYK ADDRESS MARINE DRIVE CONCERNS ABOUT PARKING LOT WHEREAS: The Common Council Waterfront Committee conducted a public hearing on October 21, 2009 regarding the proposed 4-6 stow Commercial Slip Parking Garage proposed by the Erie Canal Harbor Development Corporation (ECHDC); and, WHEREAS: Numerous residents of the Marine Drive Apartments expressed many concerns regarding a parking facility located in close proximity to their homes, including issues of increased traffic congestion, air pollution, noise, crime and public safety concerns; and, WHEREAS: Marine Drive residents have also expressed their general support for ECHDC's plan to re-imagine the waterfront and spoke in favor of many aspects of the ECHDC's vision, yet still have lingering concerns with the parking lot; NOW, THEREFORE BE IT RESOLVED: That the Common Council supports an ECHDC's parking plan that does not infringe on the quality of life of Marine Drive residents, and asks the ECHDC to respond to the feasibility of moving the ramp to an alternate location to the one proposed in the plan; BE IT FURTHER RESOLVED: That as an involved agency, the Common Council's desires that its concerns, as well as Marine Drive resident concerns, regarding the Commercial Slip Parking Ramp, be incorporated into the ongoing environmental review process; BE IT FINALLY RESOLVED: That the Common Council request that the ECHDC respond to its concerns in regards to the proposed Commercial Slip Parking Garage. ADOPT 1st & 2nd RESOLVE REFER REMAINDER TO SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT NO 78 BY: MR. FRANCZYK KEEPING BROADWAY POST OFFICE OPEN WHEREAS: The Common Council previously protested the cutting of hours of the U.S. Post Office branch at 1035 Broadway; and, WHEREAS: It has recently come to light that the Post Office has proposed the possible closing of the Post Office retail office at 1035 Broadway; and, WHEREAS: Such a closing would strike yet another blow to the wider Broadway-Fillmore community, which has suffered the loss of stores, churches, banks, services, and now the proposed closing of the Matt Gajewski Health Center at 1500 Broadway; and, WHEREAS: Broadway-Fillmore is one of the city's poorest communities, and because many people there don't have cars, it is extremely inconvenient for them to get to the William Street Post Office. Moreover, many citizens there do not have computers, and do not send the e-mails so dreaded by the Post Office. (Le. they mail the old fashioned way); and, WHEREAS: Many civic-minded groups are working very hard to revitalize the area in the Broadway Market community, and their efforts are not served by yet another abandonment of the neighborhood; NOW THEREFORE BE IT RESOLVED: That the Common Council calls on the United States Postal Service to keep open the Post Office Retail branch at 1035 Broadway. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 79 BY: MR. FRANCZYK , ALL MEMBERS KEEP COUNTY HEALTH CLINICS OPEN WHEREAS: The Erie County Budget proposed by County Executive Chris Collins calls for the closing of two vital neighborhood health clinics which have long served two desperately poor and underserved communities: The Matt Gajewski Center at 1500 Broadway and the health center at 608 William Street; and, WHEREAS: The callous proposed taking away of these vital community health resources which serve thousands of people in need is tantamount to Erie County abandoning those East Side communities, while the cavalier suggestion that those patients should go to Sheehan Hospital hardly makes up for the loss; and, WHEREAS: The costs for those neighborhood health clinic services are fully reimbursable to the county, further justifying their continued existence; and, WHEREAS: The closing of 1500 Broadway would also be disrespectful to the memory of Dr. Matthew Gajewski, long time East Side physician, former member of the Buffalo School Board and activist; NOW THEREFORE BE IT RESOLVED: rd That the Common Council supports efforts by 3 District Erie County Legislator Barbara Miller-Williams to restore funding in the county budget for 1500 Broadway and 608 William Street Erie County Health clinics; and BE IT FINALLY RESOLVED: That the Common Council additionally urges the Erie County Legislature to vote to restore funding to 1500 Broadway and 608 William Street health clinics in their budget deliberations. ADOPTED NO 80 BY: MR. FRANCZYK, MR. KEARNS, MR. LOCURTO, MR. RIVERA, MR. SMITH, MR. FONTAN SUPPORTING BUFFALO350.ORG Whereas: The continued pollution of the atmosphere with carbon dioxide from fossil fuels and coal burning energy plants threatens our planet, endangers its most vulnerable people, and has made climate change the most critical issue facing the earth today; and Whereas: Recent scientific data indicates that atmospheric carbon dioxide levels have increased to 390 parts per million, which is significantly in excess of the 350 parts per million level that scientists have calculated as being the upper limit of what is safe for the earth's atmosphere; and Whereas: 350.org was founded by Bill McKibben as the first large-scale, grassroots global campaign organized around a specific scientific data point. A number of local and international groups are sponsoring 350.org events to confront climate change and a Buffalo350.org event is being held to educate civic leaders and the general population about this environmental crisis and what can be done to reduce atmospheric carbon dioxide levels to safe levels; and th. Whereas: The Buffalo350.org event is scheduled to take place at D'Youville College between 11:00 AM and 2:30 PM on Saturday, October 24It will include a march to the waterfront, a "Low Carbon Diet" community-enhancing program to lower household and lifestyle "carbon footprints," and a variety of speakers, music, children's activities, and refreshments. This event is being held not only to raise awareness of this important issue, but also to spur government action at the upcoming International Climate Treaty Conference that will be held in Copenhagen, Denmark in December of this year. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo recognizes the urgent problem of global climate change and is committed to taking significant steps to reduce greenhouse gas emissions associated with fossil fuel use and raising awareness about climate change among City employees, residents, businesses, community groups and institutions. ADOPTED NO 81 BY: MR. GOLOMBEK DISCHARGE LEGISLATION COMMITTEE "CREATION OF A DOMESTIC PARTNER REGISTRY IN THE COB" (RES 83, C.C.P. OCT 13, 2009) Whereas: The above item is currently in the Legislation Committee; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore Be It Resolved: That this Common Council does hereby discharge the Legislation Committee from further consideration of "Creation of a Domestic Partner Registry in the COB" (Res 83, C.C.P. Oct 13, 2009) and said item is now before the Common Council for its consideration. ADOPT DISCHARGE PASSED AYES – Fontana, Franczyk, Golobmek, Kearns, LoCurto, Rivera, Russell, Smith - 8 NOES – Davis - 1 NO 82 BY: MR. KEARNS SINGLE STREAM RECYCLING Whereas: Demand for consumer products is rapidly growing throughout the world at rates that are outstripping the sustainable use of raw materials and the trash that is created as a byproduct of production is becoming more costly and difficult to dispose of; and Whereas: Studies have shown that sixty percent to seventy percent of the trash sent to landfills is actually recyclable; and Whereas: The more trash that is recycled, the less that is sent to landfills, and the greater the cost savings to the City; and Whereas: Recycling is becoming increasingly critical as a foundation for sustainable production; and Whereas: Single Stream Recycling (SSR) programs can provide the increased quantities of recovered materials needed for this increased production; and Whereas: Single Stream Recycling (SSR) allows residents to combine all of their recyclables into one container without having to separate anything, making it just as easy to recycle as it is to use a regular trash container. Residents utilize a wheeled tote, similar to the ones they now use for regular trash, and the recyclables would be picked up and sent to a facility that sorts the materials; and Whereas: Wheeled recycling totes will make is easier for the elderly and the disabled to recycle since the wheeled totes are easier to move around than the blue bins currently in use. Totes would also keep the recyclables from being strewn around the neighborhood as often occurs on windy days- much to the frustration of many local residents; and Whereas: Benefits derived from SSR include: increasing the volume of recoverable materials, boosting the diversion rate from the local landfills, improving recycling participation by residents and businesses, and reduced collection costs. SSR also allows more materials to be recycled; and Whereas: Many local governments have introduced SSR to their communities, including Boston, Philadelphia, Portland, San Jose, Denver, Colorado Springs, Baltimore, Lexington, Madison, WI and Albuquerque to name a few; and Whereas: The City of Buffalo can and should treat its recyclables as a commodity stream that is increases in value each year as prices increase and the global demand for paper, plastic, glass, metal and other recyclables continues to skyrocket; and Now, Therefore be it Resolved: That the Common Council of the City of Buffalo is committed to a less costly and more economically attractive waste disposal system; and Be it Further Resolved: That the Department of Public Works, Parks and Streets study include Single Stream Recycling (SSR) as an alternative in the next request for proposals for recycling collection in the City of Buffalo and that a copy of said RFP be filed with this Common Council for review by its members; and Be it Further Resolved: That the Department of Law prepare a City Code amendment to mandate that all property owners, regardless of whether their trash is picked-up up by the City of Buffalo, be required to recycle the trash generated by the respective facility (e.g., businesses, hotels, public housing, schools, etc.) Be it Finally Resolved: That this item be referred to the Board of Directors of the Buffalo Sewer Authority, the Buffalo Urban Renewal Agency, the Buffalo Housing Authority, and the Buffalo Board of Education for comment and response, as well as the Common Council's Finance Committee, for further discussion. ADOPT 1st 2nd & 3rd RESOLVE REFER REMAINDER TO THE COMMITTEE ON FINANCE NO 83 BY: MR. SMITH, MR. DAVIS MWBE GOALS Whereas: A boat with one ore in the water spins around in circles. This truism is evident in Municipal Finance. Financial and employment opportunities are awarded to businesses and organizations to perform functions on behalf of municipalities. Diversity in financial and employment opportunities lends effort to a balanced spending policy that if maximized provides positive movement in all areas in the City of Buffalo. Diversity goals must be clearly defined, understood, monitored and enforced; and Whereas: In the midst of a recession, the City's economic indicators are currently positive. The City has shown success in compliance of Minority and Women Owned Business Enterprise (MWBE) Goals but they must still be evaluated and updated for better maximization of their benefit; and Whereas: There are still issues that continue to hinder full compliance with MWBE Goals and reports of high employment rates of people of color, especially, men must be addressed. There are concerns that must be examined such as: Diversity in Funding of Job Training Programs The certification process and validity of certified businesses Difficulty in completing Union-training programs Nepotism in financial opportunities The need for additional MWBE certified companies Integration of public school, community colleges and job training programs into the local workforce Recession effects on MWBE business development Effects of Land usage and Economic incentive programs Monitoring, training and City expectations of MWBE goals Notice, compliance and accessibility of opportunities Now Therefore Be It Resolved: The MWBE Committee provides a review of MWBE goals and provides recommendations for better implementation. REFERRED TO THE MINORITY BUSINESS ENTERPRISE SPECIAL COMMITTEE NO 84 BY: MR. SMITH UNIVERSAL HEALTH CARE Whereas: Debate continues regarding Universal Health Care by the Federal Branch of government. There has been little dialogue about the effects or possibility of municipalities entering into the Universal Health Care Legislation; and Whereas: There is legislation before the Common Council to increase coverage and raise insurance premiums by extending benefits to "Domestic Partners"; and Whereas: New York State expanded Family Health Plus to cover small businesses, labor unions, and non-profits. A pilot program was initiated with the members of Service Employees International Union; and Whereas: There is a possibility that if the inclusion of municipalities is inadequate in the Federal Legislation, Family Health Plus be expanded to provide a statewide public option; Now Therefore Be It Resolved That: The City of Buffalo investigate the possibility and effects on the City with Universal Health Care, with and without the public option; and Be It Finally Resolved: The City investigates the feasibility of municipalities to enter into the New York State Family Health Plus as a statewide public option. REFERRED TO THE COMMITTEE ON LEGISLATION. NO 85 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONER OF DEEDS That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2010, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: • Robert Patrick • Rudolphus Boans, Jr. TOTAL 2 ADOPTED NO 86 ANNOUNCEMENT OF COMMITTEE MEETINGS th The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Wednesday, November 4, 2009 at 9:45 o'clock A.M. Committee on Finance Wednesday, November 4, 2009 at 10”00 o’clock A.M. following Civil Service Committee on Comm. Dev. Wednesday, November 4, 2009 at 1:00 o'clock P.M. Committee on Legislation Wednesday, November 4, 2009 at 2:00 o'clock P.M. Special Committees Committee on Finance Wednesday October 28, 2009 at 10:30 o'clock A. M. Special committee on Education Wednesday, October 28, 2009 at 1:00 o'clock P. M. (Public Disclaimer): All meetings are subject to change and cancellation bv 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 87 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mr. LoCurto, the Council adjourned at 3:15 P.M. GERALD CHWALINSKI CITY CLERK Oct 27, 2009