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Home My WebLink About09-1013-1015pp (2) No. 19 PROCEEDINGS OF THE CITY OF BUFFALO OCTOBER 13, 2009 PENSION PROCEEDINGS OCTOBER 15, 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 INVOCATION PLEDGE TO FLAG DATE October 13, 2009 FINAL MAYOR 1. Addendum to Agreement For Service Bflo Civic Auto Ramps FIN MAYOR – EXECUTIVE 2. Cit Serv-Submission of Monthly Report-September 2009 R&F 3. Strat Plan-Approval to Receive Grant Funding for Buffalo Pres Board APP 4. Strat Plan-Approve Lease Agmt Btwn COB and N. Bflo Community Dev Corp- Lafayette Ice Rink(Del) APP 5. Strat Plan-Perm to Designate Developer-769 Best –Parkview Lofts(Fill) CD 6. Strat Plan-Req to Renew and Amend Agmt Btwn COB and Fruitbelt Homeowners and Tenants Council/Cmmty Action Organ of EC 326-328,330,332 & 334 High St(Ell) FIN 7. Strat Plan-Urban Homestead Program-Revised List of Eligible Properties CD 8. Strat Plan-Appt Real Estate Specialist(Perm)(Max)(Grzebielucha) CS COMPTROLLER 9. Council Staff Audit FIN COUNCIL PRESIDENT 10. Comments from T. Handley Re Hearing Postal Regulatory Commission LEG PUBLIC WORKS 11. Change in Contract-Grider St Recont Project(Masten) APP 12. Change in Contract-Master’s Edge Inc. Hamlin Pk-Safe Routes to School 2008 APP 13. Change in Contract-Resurfacing of City Pavements 2009 APP 14. Change in Contract-Street Cut Repairs 2009 APP 15. Appt Chief Pumping Plant Engineer(Perm)(Max)(Hogue Jr.) CS FIRE 16. Permission to Accept IECGP Grant 2009 APP CORPORATION COUNSEL 17. City Acquisition of Easement and Occupancy Rights for BSA New Hamburg Drain Screening Facility Project APP 18. Claims Committee Agenda CLAIMS PERMITS AND INSPECTIONS 19. Food Store License(New)-1019 Kensington(Univ) LEG 20. Food Store License(New)-1534 Main(Del) LEG 21. Restaurant Dance License(Renewal)-52 Chippewa West(Ell) APP W/COND 22. Restaurant Dance License(Renewal)-596 Genesee St(Ell) APP W/ COND 23. Restaurant Dance License(Renewal)-1285 Hertel Avenue(Del) APP 24. Second Hand Dealer-1860 Seneca St(South) LEG ADMINISTRATION AND FINANCE 25. Disposal of Vehicles APP 26. Appt Senior Special Assistant(Exempt)(Leaderstorf) CS ZONING BOARD OF APPEALS 27. Results-1681 Amherst (Del) R&F 28. Results-75 & 79 Chenango(Nia) R&F 29. Results-1115 Delaware(Del) R&F 30. Results-167 Dewitt(Nia) R&F 31. Results-404 Edison St(Univ) R&F 32. Results-364 French St(Fill) R&F 33. Results-21 Granger(North) R&F 34. Results-397 Jefferson(Ell) R&F 35. Results-140 Ladner(South) R&F 36. Results-221 Lexington(Nia) R&F 37. Results-564 Main St(Ell) R&F 38. Results 387 Northumberland(Mas) R&F 39. Results 179 Norwood(Nia) R&F 40. Results 40 Porter(Ell) R&F 41. Results 7 Putnam(Nia) R&F 42. Results 129 Sobieski(Fill) R&F CITY CLERK 43. Liquor License Applications R&F 44. Notices of Appointments-Council Interns ADOPT 45. Notices of Appointment-Seasonal R&F MISCELLANEOUS 46. LP Ciminelli-Board Packet Documents October 2009 ED 47. B. Davis-Meeting With Redflex Traffic Systems POL O/S 48. Buffalo Water System, Monthly Water Bd Report September 2009 R&F 49. EC Dept of Env & Planning-Affordable Housing Seminar R&F 50. J. Makowski-Proposed Commercial Slip Parking Garage-Marine Dr Apts W/FRONT 51. Negative Declaration-448 Elmwood Ave(Nia) ADOPT 52- 51A. J. Pajak-2010 Capital Budget and Bond Sale Recommendation BUDGET 53- 52. M. Pensabene-US Dept State-Response-GM Import Chinese Made Vehicles R&F 54- 53. R. Rienas-PBA Response-771 Busti Ave. Proposed Landmark Designation LEG 55- 53A R. Rienas-Mem of Agmt Btwn Cob and PBA(2004) CD 56- 54. D. Smith-Sound Basic Education Covenant ED 57- 55. A. Thompson-Complaint From C. People Re: Police POL O/S 58- 56. A. Thompson-Contamination/Remediation of Lots on Jefferson Ave CD RESOLUTIONS 80- 57. Fontana Waive Constr Fees, Contractor Lic. Fees & Disposal Fees at S. Ogden Transfer St-Habitat for Humanity APP 81- 58. Golombek, etc. Renewing Efforts to Give Voters the Option of Nonpartisan Elections LEG,CC RD 82- 59. LoCurto Assessment Reform in City of Buffalo ADOPT 1,2 & 3 RES REM CD 83- 60. LoCurto, etc Creation of A Domestic Partner Registry in the COB LEG 84- 61. Russell LL Intro #4-Amend Article #28 “Taxes & Assessments” to Include The Business Investment Exemption LEG 85- 62. Smith Eliminate Foreclosure on Properties due to Nonpayment of Water and Sewer Bills LEG 86- 63. Smith Req Stop Sign on Florida and Victor St ADOPT 87- 64. Smith Felicitations in Memorium ADOPT 88- 65. Smith Comm of Deeds Public Duties ADOPT 89- 66. 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)(hr 5/19) SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 59- 1. Com 10 Sept 29 Appt Data Control Clerk (Perm)(Max)(Miranda)(Compt) APP 60- 2. Com 26 Sept 29 Appt Assistant Corporation Counsel II (Quinn)(Perm)(Min)(CC) R&F 61- 3. Com 33 Sept 29 Notices of Appointments Temp/Prov/Perm(Cty Clk) R&F FINANCE 62- 4. Com 8 Sept 29 Audit Report-Gun Buy Back Program 8/15/09(Compt) R&F st 63- 5. Res 127 Oct 30 A Third Party Notification Requirement (Except 1 Res) ADOPT COMMUNITY DEVELOPMENT 64- 6. Res 57 Sept 29 App to Transfer Two Homes in Sycamore Village Subdivision(hrg 10/13) APP 65- 7. Com 30 Sept 29 Approval to Transfer 2 Homes in Sycamore Village (Ell)(BURA) R&F 66- 8. No 15 Sept 15 M. LoCurto-Frank Lloyd Wright’s Darwin D. Martin House Complex R&F 67- 9. Com 50 Sept 1 Year 34 Community Development Quarterly Reports 2/1/09-4/30/09 R&F 68- 10. No 37 May 12 M. Kearns-F. Lopez-Neighbors for Progress R&F LEGISLATION 69- 11. Com 29 Sept 29 Req Approval Buffalo Landmark Designation 771 Busti(Pres Bd)(hrg 10/6)APP 70- 12. No 16 Sept 15 T. Briatico, Agent, Use 194 Maple for a Parking Lot(pub hrg 9/22)(Ell) RECOMMIT 71- 13. No 17 Sept 15 T. Briatico, Agent, Use 203 Maple for a Parking Lot(pub hrg 9/22 RECOMMIT 72- 14. No 49 Sept 15 B. Baumker, Agent, Use 517 Niagara St for a Pole Sign(Ell) (no pub hrg)(80,9/1) RECOMMIT 73- 15. No 56 Sept 15 S. McCarthy-Req for Handicap Pkg-595 Delaware Ave (#66,7/21)(#99,9/1) R&F 74- 16. No 53 Sept 15 Food Store License (New)-1270 Clinton(Fill)(EDPI)(#40, 9/1) APP W/COND 75- 17. Com 42 Sept 1 Food Store License (New)-2050 Niagara (North)(EDPI) APP W/COND 76- 18. No 65 Sept 1 J. Fogarty-Time Warner Cable Franchise Renewal R&F 77- 19. Com 34 July 21 Free Blood Pressure Checks at Firehouses(Fire) R&F 78- 20. Res 120 July 7 Req That Bflo Fire Dept Offer Free Blood Pressure Checks Firehouse ADOPT 79- 21. Com 46 July 21 Used Car Dealer-2650 Bailey (Univ)(EDPI) APP W/ COND CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, OCTOBER 13, 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 September 29, 2009 were approved FROM THE MAYOR NO 1 ADDENDUM TO AGREEMENT FOR SERVICE BFLO CIVIC AUTO RAMPS PRIOR COUNCIL REFERENCE: Item No. 1, C.C.P. 09/16/08 I hereby submit to you an addendum to a contract with Buffalo Civic Auto Ramps, Inc. (BCAR) for the maintenance of the City's Residential Area Parking Program (RAPP) Lots. Since the unanimous approval of the original contract by this Honorable Body on September 16, 2008 the inventory of RAPP Lots has changed. A number of parking lots previously designated RAPP Lots have been rediscovered after being overlooked due to changes in staff and lack of institutional knowledge. The inventory also needs to be changed to reflect that the City is no longer responsible for two RAPP Lots which were sold to a third party. As a result, the original maintenance contract with Buffalo Civic Auto Ramps needs to be amended to properly reflect the current RAPP Lot inventory and to adjust the contract amount Paid to BCAR for maintenance of the RAPP Lots. The RFP asked bidders to submit unit costs for RAPP Lot maintenance in the event that RAPP Lots were added or deleted. The maintenance contract also permitted amendments with approval from the Common Council. The attached addendum identifies the current RAPP Lot inventory and adjusts the compensation for BCAR based upon the unit prices bid by BCAR in response to the RFP. All of the RAPP Lots identified in Exhibit "B" for inclusion in the maintenance contract are owned by the City of Buffalo, with the exception of 612 Fillmore, which is owned by the ADAM MICKIEWICZ LIBRARY & DRAMATIC CIRCLE. Although a privately owned lot, 612 Fillmore was previously designated a RAPP Lot on April 1, 1992 in exchange for improvements made to the parking lot using public funds. By inclusion in the RAPP Lot maintenance contract, the owners must ensure that the parking lot is free and available to the general public and that the use of the parking lot by the ADAM MICKIEWICZ LIBRARY & DRAMATIC CIRCLE does not interfere with the use of the parking lot by the general public. The City of Buffalo Board of Parking reviewed the changes to the RAPP Lot Inventory and approved the change in BCAR's compensation in conformance with the unit prices previously bid. Permission is hereby requested for the City of Buffalo to enter into the Supplemental Agreement with BCAR. COPY AVAILABLE FOR REVIEW IN THE CITY CLERKS OFFICE REFERRED TO THE COMMITTEE ON FINANCE. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM CITIZENS SERVICES NO 2 CIT SERV-SUBMISSION OF MONTHLY REPORT-SEPTEMBER 2009 The Office of Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Call and Resolution Center for the month of September 2009, as mandated by Section 6-20(c) of the City of Buffalo's City Charter. This monthly statistical report details the number and nature of inquiries, requests and complaints received. RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO 3 STRAT PLAN-APPROVAL TO RECEIVE GRANT FUNDING FOR BUFFALO PRES BOARD The City of Buffalo was awarded a grant in the amount of $5,005 from the New York State Office of Parks, Recreation, and Historic Preservation to sponsor a full-day intensive training workshop for members of the Buffalo Preservation Board and a limited number of members of Preservation Boards and Commissions throughout Western New York. The training is called Commission Assistance Mentoring Program (CAMP) and is presented by the National Alliance for Preservation Commissions, headquartered at the University of Georgia. CAMP will bring some of the nation's best preservation practitioners and educators to Buffalo to guide our Preservation Board on the best practices and methodologies in board procedure and design review. This will be the first time CAMP will be held in New York State. It is scheduled for Friday October 30, 2009 from 8:30am until 4:30pm at the Emerson Hospitality School. The Department requests your Honorable Body's permission to receive the grant funds and that your Honorable Body authorize the Mayor to enter the agreement with the New York State Office of Parks, Recreation, and Historic Preservation and that your Honorable Body authorize myself and or the Mayor on behalf of the City of Buffalo and or the City of Buffalo's Office of Strategic Planning to enter into contracts, agreements and or other or related appropriate arrangements with the above mentioned grant funding sources and partners in order to receive the grant funding and further in order to implement all the above and related objectives of the Program. In addition, I am requesting your Honorable Body to further authorize myself and or the Mayor and or appropriate staff to take all such steps and actions and to execute and or process such additional documentation and or modifications as shall be necessary to facilitate the grants funding; and that your Honorable Body hereby direct the Corporation Counsel and other appropriate City personnel to finalize said contracts and other necessary documentation wherever necessary for execution and Program implementation. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated September 22, 2009, be received and filed; and That the Office of Strategic Planning be, and hereby is authorized to accept the grant funds in the amount of $5,005 and authorized the Mayor to enter into the agreement with the New York State Office of Parks, Recreation, and Historic Preservation for the training called Commission Assistance Mentoring Program. PASSED AYES - 9 NOES - 0 NO 4 STRAT PLAN- APPROVE LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND THE NORTH BUFFALO COMMUNITY DEVELOPMENT CORPORATION FOR OPERATION OF THE LAFAYETTE ICE RINK Located at 124 Tacoma a.k.a. 160 Tacoma (Delaware District) PRIOR COUNCIL REFERENCE: Item No. 3, C.C.P. 5/21/04 Pursuant to Item No. 3, C.C.P. 5/21/04, Your Honorable Body authorized a five (5) year lease agreement between the City of Buffalo and the North Buffalo Community Development Corporation for the operation of the Lafayette Ice Rink located at 124 Tacoma (a.k.a. 160 Tacoma). This lease is for the period of May 21,2004 through May 20, 2009. The Office of Strategic Planning, Division of Real Estate, has received a request from Donald Morris, Board President, requesting to renew their lease for an additional one (1) year period. The lease would commence on May 21,2009 and expire on May 20, 2010. The North Buffalo Community Development Corporation has applied for a $200,000.00 grant through Senator Thompson's Office for capital improvements. The North Buffalo Community Development Corporation would need to have a written lease renewal in place in order to obtain this grant. Their request to renew this lease was forwarded to the Law Department, Dept. of Public Works, Parks and Streets, Community Services and Audit and Control and there were no objections. All other terms and conditions of said lease agreement shall remain the same including but not limited to the following: 1. The Operator annual rent shall be One Dollar ($1.00). 2. The Operator shall be allowed to provide the activities that it determines appropriate providing that all major tenants currently occupying the rink will be guaranteed the same days and hours of operation. Any changes in the scheduling will be mutually agreed to by the Operator and existing tenants. Any expansion of existing hours of operation will be the responsibility of the Operator including but not limited to employee scheduling. 3. Rental Fees - The hourly rental fees and public skating fees should be the same as those prescribed in the City's annual budget. Any change and/or increase in fees exceeding ten percent (10%) shall require approval of the City of Buffalo's Common Council. 4. Utilities - The City will be responsible for all utility costs for the existing term of this lease. 5. Maintenance - The Operator shall be responsible for all routine maintenance to the facility. All capital improvements including the ice surface shall be the responsibility of the City. 6. Advertising - The Operator may sell advertising rights to that portion of the rink which it determines appropriate in order to raise revenues and to assist in offsetting the cost of its programs. All advertising revenues shall be the property of the Operator. 7. Insurance - The Operator shall provide insurance as deemed necessary by the City's Corporation Counsel Office. This office recommends that Your Honorable Body renew their lease agreement for a one (1) year period commencing on May 21, 2009 and expiring on May 20, 2010. I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated October 8, 2009, be received and filed; and That the Director of Real Estate be, and he hereby is authorized to renew the lease between the City and the North Buffalo Community Development Corporation for the operation of the Lafayette Ice Rink located at 124 Tacoma (a/k/a 160 Tacoma) for the period of May 21, 2009 and expiring on May 20, 2010. All other terms and conditions of said lease agreement shall remain the same including but not limited to the conditions as listed above. That the Acting Corporation Counsel be authorized to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. COPY AVAILABLE FOR REVIEW IN THE CITY CLERKS OFFICE PASSED AYES - 9 NOES - 0 NO 5 STRAT PLAN-PERM TO DESIGNATE DEVELOPER-769 BEST-PARKVIEW LOFTS(FILL) Permission to Designate Developer- 769 Best Former School No. 59 - Parkview Lofts Fillmore District The Office of Strategic Planning has received a proposal from Inclusion Development Association, Ms. Rhonda Ricks, President, to acquire former School No. 59 located at 769 Best Street. Inclusion Development Association is proposing to convert former School No. 59 into eighteen apartments and a head start and daycare program. Of the eighteen (18) apartments, ten (10) will be one bedroom apartments comprising of 950 square feet each and eight (8) will be two bedroom apartments comprising of approximately 1200 square feet each. The lowest floor will be used for a combined head start and daycare program. The historic features of the building will be carefully preserved and enhanced. The development will also feature secured parking. Landscaping will mimic that found in the Olmsted Park across the street from the development. Total project costs are estimated at Five Million One Hundred Thirty Thousand One Hundred Nineteen Dollars ($5,130,119.00). They will use private funding and funding from the Division of Housing & Community Revitalization Housing Trust Fund Tax Credits for this project. The former school located at 769 Best has approximately 39,390 sq.ft., four-story brick building, having One Hundred Eight (108) feet of frontage and an irregular depth. The appraised value of the property is One Hundred Fifty Thousand Dollars ($150,000.00). The Office of Strategic Planning, Division of Real Estate, respectfully requests that Your Honorable Body designate Inclusion Development Association and or a corporation, partnership, or other legal entity to be formed as Redeveloper of the subject property for a period of Twelve (12) months subject to the following conditions: a. Submission by the Redeveloper of a detailed site plan of 769 Best for approval by the City of Buffalo Planning Board (if necessary) and construction plans, including landscaping, for approval by the City. b. Submission of a colored rendering of the property suitable for presentation to the City Common Council which shall be submitted prior to the Common Council approval of LDA. c. Submission of monthly progress reports by the Developer to the Office of Strategic Planning. d. Submission by the Redeveloper of evidence of equity capital and mortgage financing necessary for the completion of the project which shall be submitted prior to closing. e. Payment of a designation fee of Five Hundred Dollars ($500.00) per month by Redeveloper to the City, payable within five (5) days from the date of designation and due thereafter the first day of every month. In the event Redeveloper shall exercise its option to acquire said property pursuant to the Land Disposition Agreement (LDA) to be negotiated by Redeveloper and the City, said option fee shall be applied as a credit towards the purchase price. In the event Redeveloper shall not proceed with the redevelopment of the property within the designation period, Redeveloper shall forfeit all monies paid on account and the City shall retain all such monies. Redeveloper is responsible for performing any soil borings and soil f. Investigations, as per a license agreement to be granted by the City, for the purpose of determining, to developer's satisfaction, the suitability of the site for its intended use, and the presence or absence of hazardous substances as such term is used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (C.E.R.C.L.A) 42 USC ss 9601 et seq.: The Hazardous Materials Transportation Act, as amended, 49 USC ss 1801 et seq.: The Resource Conservation and Recovery Act, as amended, 42 U SC ss 6901 et seq.: Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by-law, policy guidance, procedure, interpretation, decision, order, or directive, whether existing as of the date hereof, previously enforced or subsequently enacted. g. The successful negotiation of a Land Disposition Agreement for approval by the Common Council by no later than twelve (12) months from the date the Common Council approves the designation. h. Upon signing of LDA, payment by the Redeveloper to the City of a non-refundable deposit, in the amount of ten percent (10%) of the agreed to selling price. The sale price to be established in accordance with Article 27 of the City of Buffalo Charter. i. Individuals and or corporations having outstanding taxes, water bills, parking tickets, user fee and/or demolition liens or any other liens owned to the City of Buffalo, or if code violations exist on any property owned by them they are ineligible for designation. The City of Buffalo may terminate this designation should the Redeveloper fail to meet any of the deadlines set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure to meet a timely deadline, the City will first allow the Redeveloper two (2) weeks to cure by written notice. This designation will expire twelve (12) months from the date the Common Council approves the designation. I am requesting that your Honorable Body approve the designation of Inclusion Development Association as the Redeveloper of 769 Best upon the above terms and conditions; authorize the Executive Director of the Office of Strategic Planning to prepare the necessary agreements for the redevelopment of 769 Best; and forward to the Common Council for final approval agreements for the transfer of title. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 6 STRAT PLAN-REQUEST TO RENEW AND AMEND AGREEMENT BETWEEN THE CITY OF BUFFALO AND FRUITBELT HOMEOWNERS AND TENANTS COUNCIL/COMMUNITY ACTION ORGANIZATION OF ERIE COUNTY, INC. FOR USE OF 326-328 HIGH STREET AND USE OF 330, 332 & 334 HIGH (ELL) Prior Council Reference: Item No. 12, C.C.P. June 12, 2001 The Division of Real Estate received a letter signed by the President, Veronica HemphilI-Nichols of the Fruitbelt Homeowners & Tenants Council and the Executive Director, L. Nathan Hare of the Community Action Organization of Erie County, Inc. indicating that they have merged their services. The Community Action Organization of Erie County, Inc. is requesting a lease agreement for the use of 326-328 High Street (formerly leased to the Fruitbelt Homeowners and Tenants Council, Inc.) in order to continue to provide community services. They are also requesting that 330 High (city owned vacant lot 24 x 100), 332 High (city owned vacant lot 5 x 125) and 334 High (city owned vacant lot 25 x 115) be included in the proposed lease. The lease shall commence retroactively to May 1, 2007 and terminate on April 30, 2012 and include but not be limited to the following terms and conditions: 1. Annual rental will be One Dollars ($1.00). 2. The Community Action Organization of Erie County, Inc. will be responsible for payment of all utilities, including but not limited to gas, water, sewer charges and electricity. 3. The Community Action Organization of Erie County, Inc. shall pay garbage user fee and the costs of pickup and removal of solid wastes from the premises. 4. The Community Action Organization shall be responsible for all minor repairs, and shall at all times keep the premises in a clean and healthful condition. 5. The Community Action Organization will submit proof of insurance saving the City harmless in amounts to be determined by the City Law Department 6. Either Party may terminate the lease upon forty-five (45) days written notice served personally or by certified mail. This office recommends that Your Honorable Body approve to renew and amend the lease agreement between the City of Buffalo and the Community Action Organization of Erie County, Inc., commencing retroactively on May 1,2007 and terminating on April 30, 2012 for use of 326-328, 330, 332 & 334 High. I am further recommending that Your Honorable Body authorize the Corporation Counsel prepare the necessary lease agreement and that the Mayor be authorized to execute the same. COPY AVAILBLE FOR REVIEW IN THE CITY CLERKS OFFICE REFERRED TO THE COMMITTEE ON FINANCE NO 7 STRAT PLAN-URBAN HOMESTEAD PROGRAM - REVISED LIST OF ELIGIBLE PROPERTIES PRIOR COUNCIL REFERENCE: Item No. 119, C.C.P. 7.24/2007 Pursuant to the Urban Homestead Amendment of the Urban Renewal Plan approved by the City of Buffalo Common Council (Item # 127, CCP May 14, 2005; further amended as Item # 119, CCP July 24, 2007), the Office of Strategic Planning hereby submits a list of properties acquired through In-Rem #42 which are within the approved Urban Renewal Areas (URA) and Comprehensive Code Enforcement Areas (CCE). I am recommending that Your Honorable Body approve the attached list of properties as homestead eligible properties within the URA and CCE areas as part of the overall Urban Renewal Plan and that the Mayor be authorized to execute the documents for the transfer of title of the properties to qualified purchasers. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 8 STRAT PLAN-APPT REAL ESTATE SPECIALIST (PERM)(MAX)(GRZEBIELUCHA) Certificate of Appointment Appointment effective September 30, 2009 Department of Office of Strategic Planning, to the Position of Real Estate Specialist Permanent, Maximum starting salary of $58,069 Pamela Grzebielucha, 131 Seward Street, Buffalo 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMPTROLLER NO 9 COUNCIL STAFF AUDIT Pursuant to City of Buffalo Charter Section 7-4, paragraph 5, the Division of Audit performed an audit of the Common Council staff's time and attendance, also known as a payroll audit. We reviewed the Council's central staff and staff assigned to individual Councilmember's offices, including interns. To provide a representative sample, our audit examined the following different pay periods during the fiscal year 2008-2009: pay period 10/6/08 - 10/19/08; pay period 11/3/08 -11/16/08; pay period 1/26/09 - 2/8/09; and pay period 3/23/09 - 4/5/09. Overall, the audit found that the Council's central staff maintained a good set of policies and procedures for managing time and attendance. By virtue of the nature of the central staff's work, the office lends itself to fighter controls. Individual member offices have different demands and as such, they have different needs when it comes to monitoring employee activity. It should be noted that though all subject employees are considered exempt, certain employee functions are more akin to standard office work, and they do not operate like management-level employees. While it is not a factor for consideration in this audit, it may be useful to note that the State Comptroller has recently promulgated new regulations regarding recordkeeping for elected and appointed officials. In order to maintain membership in the State retirement system, elected and appointed officials must keep a record of his or her work activities for a period of three consecutive months, if they do not otherwise participate in a standard time and attendance system. That record must be kept for a period often years. The new regulation applies to the new terms of office or appointments beginning after August 12, 2009. Though the Council is not immediately affected by this, the Mayor and his commissioners will be affected at the start of the Mayor's new term in January 2010. If you have any further questions on this matter, please feel free to contact the Department of Audit and Control. COPY AVAILABLE FOR REVIEW IN THE CITY CLERKS OFFICE REFERRED TO THE COMMITTEE ON FINANCE FROM THE PRESIDENT OF THE COUNCIL NO 10 COMMENTS FROM T. HANDLEY RECEIVED AND FILED HEARING POSTAL REGULATORY COMMISSION Dear Councilman Franczyk, On Wednesday September 23rd, 2009 I attended the hearing of the Postal Regulatory Commission in the Bronx, N.Y. I have attached a copy of the comments I presented. The meeting was extremely enlightening. I learned that the vast majority of the proposed post office closings across the country are going to affect the poorest communities. How fair is that? I hope you and the other political leaders who represent this community understand the importance of the Post Office to the Broadway-Fillmore community. Closing this branch will be a major setback to the accomplishments made by the people fighting to keep this community alive. Everybody needs to continue to send letters to the Postal Regulatory Commission (PRC) expressing their outrage regarding the possible closing of this branch. We (this community) need to continue our efforts to halt this closing. If they close this Post Office branch at 1035 Broadway, this community will never have one again. The Postal Regulatory Commission needs to know that you want this branch to remain open. Please, send your letter today to: Ruth Y. Goldway Chairman Postal Regulatory Commission 901 New York Ave, NW Suite 200 Washington DC 20268-0001 Web site: www.prc.gov Thank you Tom Handley REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO 11 CHANGE IN CONTRACT GRIDER STREET RECONSTRUCTION PROJECT A:. CONTRACT #93000047 PIN #5756.51 MASTEN DISTRICT PRIOR COUNCIL REFERENCE: Item #39 C.C.P. 7/24/07 Contract Amount $ 904,706.00 + Amount of change order(# I) $ 329,000.00 + Amount of this change order (#2) $ 14,500.45 Revised Contract Amount $1.248.206.45 City share of Change Order (#1) - 5% or $725.03 I hereby submit to your Honorable Body the following change for this contract. TVGA Consultants is the Consultant for the Grider Street Road Reconstruction Project for the City of Buffalo. This contract provided for the design and inspection of the project. This increase is necessary to fund the final design and inspection services needed for the project. This is a federally funded project and the funding breakdown is 80% Federal, 15% State and 5% City. I certify that this increase is fair and equitable for the work involved. This project is completed and this increase will finalize payment due to TVGA. I also respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks and Streets to issue said increase for $14,500.45. Of this amount, 5% or $725.03 is the City share of the change. The Federal and State portions (95%) have already received approval. The funds are available in Capital Project Account #31470006- 445600. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 28, 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. 2, to TVGA Consultants, an increase in the amount of $14,500.45, of this amount, 5% or $725.03 is the City share of the change, as more fully described in the above communication, for work relating to Grider Street Reconstruction Project, Contract #93000047, PIN#5756.51. Funds for this project are available in Capital Project Account #31470006-445600. PASSED AYES - 9 NOES - 0 NO 12 CHANGE IN CONTRACT-MASTER’S EDGE INC. HAMLIN PK-SAFE ROUTES TO SCHOOL 2008 PRIOR COUNCIL REFERENCE: c.c.p. # 19 of 7/8/08 I hereby submit to your Honorable Body the following additions to the contract for the above named Project. This change order was recommended and approved by the Buffalo Water Authority to replace and re-align twenty-three (23) fire hydrants in conjunction with new curb and sidewalk construction at the above project. Contract Description Unit Estimated Estimated Item Price Quantity Cost 90.500 Miscellaneous Construction Lump sum 1 $208,291.00 This unit includes the following: Labor/equipment - 41 days @ $3,675.00/day for a cost of $152,512.50 Materials - $ 55,778.50 Total Cost $208,291.00 Existing Contract Amount $764,876.20 Increase in Contract c.o. # 1 $209,420.00 Increase in Contract c.o. #2 $208,291.00 Total Contract to Date $1,182,587.20 Funds for this work are in the Water Capital Projects Account #53023517-473020 and permission is requested to accept a transfer into our Engineering Capital Projects Accounts #30032106-445100 & #31311106-445100. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to Master's Edge, Inc. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 7, 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. 2, to Master's Edge, Inc., an increase in the amount of $208,291.00, as more fully described in the above communication, for work relating to Hamlin Park, Safe Routes to School - 2008, Contract #93000212. Funds for this project are available in the Water Capital Projects Account #53023517-473020 and permission is granted to accept a transfer into Engineering Capital Projects Accounts #30032106-445100 & #31311106-445100. PASSED AYES - 9 NOES - 0 NO 13 CHANGE IN CONTRACT-RESURFACING OF CITY PAVEMENTS 2009 I hereby submit to your Honorable Body the following additions to the contract for the above named Project. This change order is necessary to A. Mill/Overlay Seneca Street - Indian Church to City Line including side street work. Contract Description Unit Estimated Estimated Item Price Quantity Cost 02.402 Milling Existing Pavement 0"-2" $2.10/sq.yd 11,500 $24,150 S02.403 Milling Existing Pavement -side street $2.00/sq.yd. 1,000 $2,000 403.1701 Asphalt Concrete--Type 6F Top $63.00/ton 1325 $83,475 S403.1701 Asphalt Concrete Type 6F Top side street$4.00/sq.yd. 1000 $4,000 12.110 Maintenance & Protection of Traffic lump sum 1 $4,000 6990.400 Mobilization lump stun 1 $4,000 Total "A" $121,625 B. Install ADA detectable warning surface ramps & replace concrete sidewalk. 05.438 Sawing Curb ramps $15/lin.tt. 265 $3,975 05.414 Sawing Concrete Sidewalks-approaches$3/lin.fl. 302 $906 R05.205 Concrete Sidewalks - 5" replacement $6.75/sq.fl. 6,000 $40,500 R05.206 Concrete Sidewalk - 6" replacement $7.50/sq.ft. 900 $6,750 05.220 Metal Reinforcement $0.60/sq.tt. 900 $540 R07.508R Concrete curb - 6" radius replacement $35/1in.tt. 130 $4,550 12.110 Maintenance & Protection of TratTic lump sum 1 $500 90.500 Miscellaneous Construction lump sum 1 $20,000 6990.400 Mobilization lump sum 1 $200 8502.501 Sawcutting asphalt pavement $4/lin.tt. 130 $508 24608.500 Detectable Waming Surface $50/sq.ft. 200 $10 000 Total "B" $88,429 Total A & B $210,054 Existing contract Amount $1,679,232.50 Increase in Contract $ 210,054.00 Total Contract to Date $1,889,286.50 I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to Destro & Brothers Concrete Co., Inc.. Funds for this work are available in Capital Project Account #30032106-445100 & #32311206-445100. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 7, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to Destro & Brothers Concrete Co., Inc., an increase in the amount of $210,054.00, as more fully described in the above communication, for work relating to Resurfacing of City Pavements - 2009, Group #699. Funds for this project are available in Capital Project Account #30032106- 445100 & #32311206-445100. PASSED AYES - 9 NOES - 0 NO 14 CHANGE IN CONTRACT-STREET CUT REPAIRS 2009 Change in Contract Street Cut Repairs - 2009, Gr. #689 Destro & Brothers Concrete Co., Inc. Contract #93000239 I hereby submit to your Honorable Body the following additions to the contract for the above named Project. This change order is necessary to complete preliminary work prior to constructing new asphalt pavement @ Hillary Park parking lot. Contract Description Unit Estimated Estimated Item Price Quantity Cost A. Undercut soft & spongy material unsuitable to support traffic load and to eliminate a hazardous condition. H.02.110 Unclassified excavation $15/cu.yd 408 $6,120 H03.210 Subbase Course $30/cu.yd. 408 $12,240 $18,360 Install 15" sewer pipe recommended by the Buffalo Sewer Authority and required by the Permit office to meet City of Buffalo codes for parking lot construction. 90.500 Miscellaneous Construction lump sum 1 $49,425 Includes the following: 15" Pipe & Select Fill - 475' @ $63/ft.- $29,925 Connecting Pipe to Sewer - $5,000 Underdrain - $4,000 Three (3) receivers - $2,500/each - $7,500 Removal/resetting of bumper - $3,000 Total change order A & B $67,785 Existing Contract Amount $595,925 Increase in Contract $ 67,785 Total Contract to Date $663,710 l respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to Destro & Brothers Concrete Co., Inc.. Funds for this work are available in Capital Project Accounts #30032106-445100, #323! 1506-445100 & #31310406-445100. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 7, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to Destro & Brothers Concrete Co., Inc., an increase in the amount of $67,785.00, as more fully described in the above communication, for work relating to Resurfacing of City Pavements - 2009, Group #689. Funds for this project are available in Capital Project Account #30032106- 445100, #32311506-445100 & #31310406-445100. PASSED AYES - 9 NOES - 0 NO 15 APPT CHIEF PUMPING PLANT ENGINEER (PERM)(MAX)(HOGUE JR) Certificate of Appointment Appointment Effective 8/24/2009 in the Department of Public Works, Parks & Streets Division of Water to the Position of Chief Pumping Plant Engineer Permanent Promotional Maximum starting salary of $44,009 Herbert E. Hogue, Jr., 137 Breckenridge St, Buffalo 14213 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF FIRE NO. 16 PERMISSION TO ACCEPT IECGP GRANT 2009 We are asking your Honorable Body for authorization for the Mayor to enter into a grant agreement between the City of Buffalo and the U.S. Department of Homeland Security under the New York State Office of Homeland Security for the period of 06/01/2009 to 05/31/2011. We have been awarded $499,125 under the 2009 Interoperable Emergency Communication Grant Program and the expenditures under this grant will go toward equipment purchases, specifically, radios for the new radio system the Police and Fire Departments are currently building. In addition, we are asking permission, as is standard practice, for your Honorable Body to authorize the Comptroller to provide for an inter- fund cash loan for all non-personnel expenses until such time that the City is reimbursed by the State under this grant program. We would appreciate your immediate approval due to various grant timetables, among them, presentation to the Control Board, which we cannot do until we have your approval. If you have any questions, please feel free to contact Captain Thomas Coyne of the Communications Department at 851-5333, ext. 259. Mr. Fontana moved: That the above communication from the Commissioner of Fire dated September 28, 2009, be received and filed; and That the Mayor be, and he hereby is authorized to enter into a grant agreement between the City and the U.S. Department of Homeland Security under the New York State Office of Homeland Security for the period of 6/1/2009 to 5/31/2011 in the amount of $499,125 under the 2009 Interoperable Emergency Communication Grant Program. That the Comptroller be, and he hereby is authorized to provide an inter-fund cash loan for all non-personnel expenses until such time that the City if reimbursed by the State under this grant program. PASSED AYES - 9 NOES - 0 FROM THE CORPORATION COUNSEL NO. 17 CITY ACQUISITION OF EASEMENT AND OCCUPANCY RIGHTS FROM THE NEW YORK STATE THRUWAY AUTHORITY AND THE PEOPLE OF THE STATE OF NEW YORK ACTING BY AND THROUGH THE NEW YORK STATE THRUWAY AUTHORITY FOR THE BUFFALO SEWER AUTHORITY NEW HAMBURG DRAIN SCREENING FACILITY PROJECT (THE "BSA PROJECT") IN AREA BOUNDED BY MICHIGAN AVENUE, SCOTT, WASHINGTON AND EXCHANGE STREETS (ITEM 82, CCP 6/09/09) The Common Council under Item No. 82, C.C.P., June 9, 2009 preliminarily approved City's acquisition of easement and occupancy rights for the new BSA Project. The BSA Act requires that title to property used by the BSA must be in the name of the City. In addition, the New York State Public Authorities Accountability Act allows for negotiation of real estate interests by the New York State Thruway Authority with municipalities, such as the City. Since June of 2009, the particulars of the City's and BSA's roles in the easement and occupancy rights for the Project to be granted by the People of the State of New York acting by and through the New York State Thruway Authority (the "State") and the New York State Thruway Authority (the "Authority") have been further delineated and are ready for actual implementation and BSA Project start up. The rights and obligations being taken on by the City in the City's formal role in accepting the easement and occupancy rights required in order for the BSA Project to proceed necessitate further formal action by the Common Council and are in the nature of City's indemnification and release of State and the Authority regarding the easement and occupancy property, a covenant not to sue the State and the Authority, responsibility for certain environmental matters, maintenance and repairs as well as other general development related obligations such as City responsibility for certain closing costs, permit procurement, taxes and other fees and closing costs, compliance with laws, utilities connections and costs and related matters as to accessing the easement site through an occupancy application and execution of transactional related closing documentation to implement the easement and occupancy rights for the BSA Project. The BSA is planning to enter into an agreement with the City under which BSA will agree to undertake and be responsible for the obligations being taken on by the City under the documents creating the easement and occupancy rights being obtained by the City for implementation of BSA's Project. The location of the BSA Project on the State and Authority owned land has been determined to be the best location for the BSA Project function - screening "floatable materials" out of the sewer material now out-flowing from the Hamburg Drain into the Erie Canal terminus adjacent to the Buffalo Naval and Servicemen's Park. It is further noted that the Federal Government and the State Government through their respective pertinent authorities are requiring the implementation of the BSA Project. It is estimated that the total cost for the BSA Project is approximately $18,000,000 and will be covered in the amount of up to approximately $9,000,000 in Federal Stimulus Funds and that the balance of the BSA Project cost is expected to be covered by the New York State Environmental Facilities Corporation Funds, with the proceeds repayable by BSA general revenues. The Law Department is requesting that Your Honorable Body Authorize the Mayor to execute an Agreement For Grant of Easement with the State, the Authority and the BSA (the "Agreement") in substantially the same form and substance as is attached to this Communication, with only such clarifications and modifications as are recommended and negotiated by the Law Department in conjunction with finalizing the final form of Agreement with the State, the Authority and the BSA. The Law Department is further requesting that your Honorable Body authorize the Mayor and/or other pertinent City personnel to enter into such other and related agreements and appropriate arrangements and to take all such steps and actions as shall be necessary and/or as are described in the Agreement as shall be necessary to facilitate the acquisition by the City of the easement and occupancy rights from the State and the Authority and to facilitate the BSA Project and BSA's agreement with the City as described above. Mr. Fontana moved: That the above communication from the Department of Law dated October 6, 2009, be received and filed; and That the Mayor be, and he hereby is authorized to execute an Agreement for Grant of Easement and Occupancy Rights with the NY State Thruway Authority and the Buffalo Sewer Authority for the Buffalo Sewer Authority New Hamburg Drain Screening Facility Project in an area bounded by Michigan Avenue, Scott, Washington and Exchange Streets. That the Acting Corporation Counsel be authorized to enter into such other related agreements and that the Mayor be authorized to execute the same. PASSED AYES - 9 NOES - 0 NO. 18 CLAIMS COMMITTEE MEETING WEDNESDAY, OCTOBER 21, 2009 HON. DAVID A. RIVERA, CHAIRPERSON AGENDA PERSONAL INJURY A-1 Diane Pruitt 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 PROPERTY DAMAGE 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-5 Miracle Reed McCoy $1,700.42 B-6 Safeco Ins. a/s/o Edison Street Church $49,000.00 B-7 George Shinners $132.48 MISCELLANEOUS REIMBURSEMENT 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 MISCELLANEOUS INVOICES 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 Telogis Inc $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 CONTRACT SETTLEMENT E-1 Urbitran Associates, Inc. $30,000.00 REFERRED TO THE COMMITTEE ON CLAIMS FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 19 FOOD STORE (NEW) 1019 KENSINGTON (UNIVERSITY) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1019 Kensington (B-LO MINI MART) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 20 FOOD STORE (NEW) 1534 MAIN (DELAWARE) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1534 Main (MR. MILLENIUM FOOD MART) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 21 RESTAURANT DANCE LICENSE (RENEWAL) . 52 CHIPPEWA WEST (ELL) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 52 West Chippewa for which said renewal application for a Restaurant Dance Class IV license is being sought by Charles Golman and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws, This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services, dated October 5, 2009, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Restaurant Dancing Class IV License to Charles Goldman d/b/a La Luna located at 52 West Chippewa upon the following conditions 1. No co-mingling of patrons (no one under the age of 21 permitted after 11:00 p.m, unless employed by the owner). 2. No plastic banners or signage displayed on the exterior of the premises between 7:00 a.m. and 9:00 p.m. 3. If graffiti exists on the exterior of the establishment, it must be removed within 72 hours of notification of its existence. 4. Exterior of the premises must be must be cleared o£ all debris by 7:00 a.m. each day after the establishment is open for operation. This shall include the frontage of the property from its facade to the curbline. 5. This license shall be non-transferrable and shall be held exclusively by the applicant. Any individual seeking to acquire licensure under Section 150 of the City Charter and Code, other than the applicant shall be required to apply anew. PASSED AYES - 9 NOES - 0 NO. 22 RESTAURANT DANCE LICENSE (RENEWAL) 596 GENESEE ST (ELL) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 596 Genesee Street for which said renewal application for a Restaurant Dance Class III license is being sought by Justin Larke and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services, dated October 5, 2009, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Restaurant Dancing Class III License to Justin Larke d/b/a The Old Arthur's Pub located at 596 Genesee Upon the following conditions 1. No co-mingling of patrons (no one under the age of 21 permitted after 11:00p,m, unless employed by the owner). 2. No plastic banners or signage displayed on the exterior of the premises between 7:00 a,m, and 9:00 p.m, 3. If graffiti exists on the exterior of the establishment, it must be removed within 72 hours of notification of its existence. 4. Exterior of the premises must be must be cleared of all debris by 7:0@ a.m. each day, after the establishment is open for operation. This shall include the frontage of the property from its facade to the curbline. 5. This license shall be non-transferrable and shall be held exclusively by the applicant. Any individual seeking to acquire licensure under Section 15@ of the City Charter and Code, other than the applicant, shall be required to apply anew. PASSED AYES - 9 NOES - 0 NO. 23 RESTAURANT DANCE LICENSE (RENEWAIT) 1285 HERTEL AVENUE (DEL) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that 1 have caused an investigation into the premises located at 1285 Hertel Avenue for which said renewal application for a Restaurant Dance Class III license is being sought by Sumner Nichols and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services, dated October 5, 2009, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Restaurant Dancing Class III License to Sumner Nichols d/b/a Gabel's located at 1285 Hertel Avenue. PASSED AYES - 9 NOES - 0 NO. 24 SECOND HAND DEALER 1860 SENECA (SOUTH) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 1860 Seneca St and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Colleen Walsh. The attached thereto for Colleen Walsh d/b/a/Seneca Jewelry Wholesale. 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. 25 DISPOSAL OF VEHICLES THE DIVISION OF PURCHASE WOULD LIKE YOUR PERMISSION TO DISPOSE OF BY MEANS OF AUCTION OR SCRAP THE FOLLOWING VEHICLES WHICH ARE CURRENTLY ASSIGNED TO THE DEPARTMENT PUBLIC WORKS - DIVISION OF STREETS, S-24 - 1993 FORD F-450 DUMP TRUCK S-26 - 1993 FORD F-.450 DUMP TRUCK S-234- 1994 CHEVY BLAZER PW-64 - 1995 CHEVY TAHOE S-123- 1993 MACK MR REFUSE TRUCK S-125 - 1993 MACK MR REFUSE TRUCK S-131 - 1998 PETERBILT 320 REFUSE TRUCK Mr. Fontana moved: That the above communication from the Division of Purchase dated October 1, 2009, be received and filed; and That the Director of Purchase be, and she hereby is authorized to dispose of the above-mentioned vehicles by means of auction or scrap. PASSED AYES - 9 NOES - 0 NO. 26 CERTIFICATE OF APPOINTMENT Appointment effective 10/05/2009 in the Department of Administration & Finance, Division of Budget to the position of Senior Special Assistant, Exempt at the flat salary of $40,368.00 Heather Leaderstorf, 124 Fordamj Dr, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE ZONING BOARD OF APPEALS NO. 27 JEWEL JURGENS 1681 AMHERST STREET BUFFALO, NY 14214 RE: 1681 AMHERST ST. APPLICATION: #139381 Dear Ms. Jurgens: The Zoning Board of Appeals at it's meeting of 9/16/09 denied your request for a variance to install and use a 9' x 26' front yard parking pad at premises 1681 AMHERST ST. The Board's decision was based on the neighborhood opposition to the proposal in this particular area. Very truly yours, James A. Lewis III, Chairman ZONING BOARD OF APPEALS RECEIVED AND FILED NO. 28 JEFF INGERSOLL 1890 NIAGARA STREET BUFFALO, NEW YORK 14207 RE: 75 & 79 CHENANGO STREET APPLICATION: #141693 & 141591 Dear Mr. Ingersoll: The Zoning Board of Appeals at its meeting of 9116/09 approved your request for variances to construct and use 14' x 26' one-story rear additions intruding on the rear yard setbacks of both houses at premises 75 & 79 CHENANGO. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 851-4925 AND PAY ANY FEES THAT ARE REQUIRED. Section 511-117(B) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 3/17/10, the Board's approval will expire and a new application will have to be made. RECEIVED AND FILED NO. 29 KATE RESETARITS 1115 DELAWARE AVE. BUFFALO, NEW YORK 14209 RE: 1115 DELAWARE APPLICATION: #142174 Dear Ms. Resetarits: The Zoning Board of Appeals at its meeting of 9/16/09 approved your request for a variance to split and use a front three-story multiple dwelling with offices and a rear building for a two-story one-family dwelling at premises 1115 DELAWARE creating a deficiency in parcel size and rear yard setbacks. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 851.4925 AND PAY ANY FEES THAT ARE REQUIRED. Section 511-117(B) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 3/17/10, the Board's approval will expire and a new application will have to be made. RECEIVED AND FILED NO. 30 MARCUS GOTTSCHE 148 BRECKENRIDGE STREET BUFFALO, NEW YORK 14213 RE: 167 DEWITT APPLICATION: #143076 Dear Mr. Gottsche: The Zoning Board of Appeals at its meeting of 9/16/09 approved your petition for a variance to install a greenhouse with produce sales at premises 167 DEWITT. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 8514025 AND PAY ANY FEES THAT ARE REQUIRED. Section 511-117(B) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 3/17/10, the Board's approval will expire and a new application will have to be made. RECEIVED AND FILED NO. 31 JIM POPIELA 3180 GENESEE STREET BUFFALO, NEW YORK 14225 RE: 404 EDISON STREET APPLICATION: #142212 Dear Mr. Popiela: The Zoning Board of Appeals at its meeting of 9/16/09 approved your request for a variance to install a 3' x 7.5' ground sign with two- sided constant lit message boards setback at the front of the school at premises 404 EDISON. The Board conditioned the approval with the "LED" portion of the sign be turned off nightly at 8PM. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 8514925 AND PAY ANY FEES THAT ARE REQUIRED. Section 511-117(B) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 3117110, the Board's approval will expire and a new application will have to be made. RECEIVED AND FILED NO. 32 AAA NOBLEMAN HOUSE CIO VICKY WIDEMAN 47 COMSTOCK AVE. BUFFALO, NY 14215 RE: 364 FRENCH STREET APPLICATION: #139793 Dear MS. Wideman: The Zoning Board of Appeals at it's meeting of 9/16/09 denied your request for a Human Service Facility for substance and alcohol abuse and mild mental patients at premises 364 FRENCH STREET. The Board's decision was based on the overwhelming neighborhood opposition to the proposal in this particular area. Very truly yours, RECEIVED AND FILED NO. 33 GERALD SHAFFER 5095 OLD GOODRICH ROAD CLARENCE, NEW YORK 14031 RE: 21 GRANGER APPLICATION: #143392 Dear Mr. Shaffer: The Zoning Board of Appeals at its meeting of 9/16/09 approved your request for a variance to erect an 8' x 21' open front porch encroaching the required front yard. (Previously approved 11/14107) at premises 2t GRANGER. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 851-4925 AND PAY ANY FEES THAT ARE REQUIRED. Section 511-117(B) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 3117/10, the Board's approval will expire and a new application will have to be made. RECEIVED AND FILED NO. 34 CHEYENNE HOPKINS 397 JEFFERSON AVE. BUFFALO, NEW YORK 14204 RE: 397 JEFFERSON APPLICATION: #141287 Dear Mr. Hopkins: The Zoning Board of Appeals at its meeting of 9/16/09 approved your request for a variance to convert and use the existing building for a take-out restaurant in a residential area (Prior use closed for more than one year) at premises 397 JEFFERSON. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 8514925 AND PAY ANY FEES THAT ARE REQUIRED. Section 511-117(B) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 3/17/10, the Board's approval will expire and a new application will have to be made. RECEIVED AND FILED NO. 35 JOSEPH SZYMKOWIAK 140 LADNER BUFFALO, NEW YORK 14220 RE: 140 LADNER APPLICATION: #141368 Dear Mr. Szymkowiak: The Zoning Board of Appeals at its meeting of 9/16/09 approved your request for a variance to erect an 30' x 36' wrap around addition to the existing garage extending into the required rear yard setbacks. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 851-4925 AND PAY ANY FEES THAT ARE REQUIRED. Section 511-117(B) of the Zoning Ordinance states that =no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 3/17/10, the Board's approval will expire and a new application will have to be made. RECEIVED AND FILED NO. 36 DAVID BRUCE 21 PRINCETON PLACE ORCHARD PARK, NY 14127 RE: 221 LEXINGTON AVE. APPLICATION: #142967 Dear Mr. Bruce: The Zoning Board of Appeals at it's meeting of 9/16/09 denied your request for a variance to install and use a 12' x 20' parking pad at premises 221 LEXINGTON AVENUE. The Board's decision was based on the fact that the elements required for a "use" variance were not met including that of a financial or medical hardship. Very truly yours, James A. Lewis III, Chairman ZONING BOARD OF APPEALS RECEIVED AND FILED NO. 37 DENNIS WILCOX 317 WHEELER STREET TONAWANDA, NEW YORK 14150 RE: 564 MAIN STREET APPLICATION: #140483 Dear Mr. Wilcox: The Zoning Board of Appeals at its meeting of 9/16/09 approved your request a variance to install four 5' x 42' wall signs to read 'Key Bank" at the top of the building at premises 664 MAIN STREET. The Board took into consideration the recommendations of the City Planning Board and voted accordingly. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 851-4925 AND PAY ANY FEES THAT ARE REQUIRED. Section 511-117(B) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 3117/10, the Board's approval will expire and a new application will have to be made. RECEIVED AND FILED NO. 38 RICKY BARNES 106 HAZELWOOD LANE HAMBURG, NEW YORK 14075 RE: 387 NORTHUMBERLAND APPLICATION #143068 Dear Mr. Barnes: The Zoning Board of Appeals at its meeting of 9/16109 approved your petition for a variance to enclose a second-story porch at premises 387 NORTHUMBERLAND. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 851-4925 AND PAY ANY FEES THAT ARE REQUIRED. Section 511-117(B) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 3117110, the Board's approval will expire and a new application will have to be made. RECEIVED AND FILED NO. 39 JOHN ZANAKIS TH 318 S. 4STREET-APT. #3 BROOKLYN, NY 11211 RE: 179 NORWOOD APPLICATION: #111208 Dear Mr. Zanakis: The Zoning Board of Appeals at it's meeting of 9/16/09 denied your request for a variance to install and use a front yard parking pad for a multiple dwelling at premises 179 NORWOOD. The Board's decision was based on the neighborhood opposition and the elements required for a "use" variance were not met including that of a financial or medical hardship, RECEIVED AND FILED NO. 40 EDWARD CONBOY, JR. 8168 HILLSIDE STREET ANGOLA, NEW YORK 14006 RE: 40 PORTER AVE. APPLICATION: #137735 Dear Mr. Conboy: The Zoning Board of Appeals at its meeting of 9/16/09 approved your request a variance to install and use a 1,000-gallQn above ground fuel tank to service "coach boats" for the West Side Rowing Club at premises 40 PORTER AVE. A condition for fire suppression must be made if the City Fire department deems it necessary. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 851-4925 AND PAY ANY FEES THAT ARE REQUIRED. Section 511-117(B) of the Zoning Ordinance states that =no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 3/17/10, the Board's approval will expire and a new application will have to be made. RECEIVED AND FILED NO. 41 THOMAS FLANIGAN/WAYNE GOSTOMSKI 7 PUTNAM STREET BUFFALO, NEW YORK 14213 RE: 7 PUTNAM STREET APPLICATION: #143021 Dear Sirs: The Zoning Board of Appeals at its meeting of 9/16/09 approved your request a variance to install and use affront yard parking pad to the side of the house at premises 7 PUTNAM STREET. The Board took into consideration the recommendations of neighbors and the fact that a driveway had existed previously and voted accordingly. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 8514925 AND PAY ANY FEES THAT ARE REQUIRED. Section 511-117(B) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 3/17/10, the Board's approval will expire and a new application will have to be made. Very truly yours, James A. Lewis Ill, Chairman ZONING BOARD OF APPEALS RECEIVED AND FILED NO. 42 PAUL LAMPARELLI 590 KENNEDY ROAD CHEEKTOWAGA, NEW YORK 14227 RE: 129 SOBIESKI STREET APPLICATION: #140880 Dear Mr. Amarelle: The Zoning Board of Appeals at its meeting of 9/16/09 approved your request for a variance to construct a one-family, two-story dwelling with an attached garage deficient in side yard setbacks at premises t29 SOBIESKI. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 851-4925 AND PAY ANY FEES THAT ARE REQUIRED. Section 511-117(B) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 3117110, the Board's approval will expire and a new application will have to be made. RECEIVED AND FILED FROM THE CITY CLERK NO. 43 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owners Name 88 W. Chippewa St Croc Bar Inc Justin Anderson 475 Ellicott St Seabar Sherri Andrzejewski RECEIVED AND FILED NO. 44 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 2, 2009 in the Department of Common Council, Division of North District to the position of Intern IX, Unclassified at the flat salary of $11.57/hr Michael Mizgajewski, 192 Condon Ave, Buffalo, NY 14207 CERTIFICATE OF APPOINTMENT Appointment effective October 2, 2009 in the Department of Common Council, Division of Masten District to the position of Intern V, Unclassified at the flat salary of $8.00/hr Gregory Ayers, 221 Suffolk St, Buffalo, NY 14215 CERTIFICATE OF APPOINTMENT Appointment effective October 2, 2009 in the Department of Common Council, Division of Masten District to the position of Intern II, Unclassified at the flat salary of $7.25/hr Alonzo Barnes, 511 Cambridge Ave, Buffalo, NY 14215 Khadejaha Brewer, 28 Drexel Rd, Buffalo, NY 14214 NO. 45 NOTICES OF APPOINTMENTS - SEASONAL/FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. CERTIFICATE OF APPOINTMENT Appointment effective September 30, 2009 in the Department of Assessment and Taxation to the Position of Clerk, Seasonal appointment at the flat salary of $11.11/hr Sharone Lewis, 218 East Ferry St, Buffalo, NY 14208 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO. 46 MEMORANDUM BOARD PACKET DOCUMENTS Attached are the following documents from the Joint Schools Construction Board meeting scheduled on October 5, 2009: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated September 14, 2009 3. Fully Executed Phase III Application and Certificate for Payment No. 29 - August 2009 4. Phase III Application and Certificate for Payment No. 30 - September 2009 5. Phase IV Application and Certificate for Payment No. 15 - September 2009 6. Program Packaging and Development Services (PPDS) Provider Update 7. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Se~'vices Monthly Report for Addendum 1 Phase III Project - August 2009 8. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase IV Project - August 2009 9. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase III - August 2009 Copy available for review in the City Clerk’s Office REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 47 B. DAVIS MEETING WITH REDFLEX TRAFFIC SYSTEMS Dear Councilman Davis: I wanted to thank you for meeting with Peter McNerney of Redflex Traffic Systems , Matthew Tyrian I on Tuesday September 29, 2889. We appreciate the time you gave us. The red light camera concept is new to Buffalo, although not to Redflex. Redflex Traffic Systems, Inc. is the longest consistently- operating company in the photo enforcement industry. The company, with U.S. operations based in Arizona, has more than 28 years experience partnering with cities on public safety programs. As the industry leader, Redflex has more contracts in more states than any other vendor. Public safety programs range from those in smaller cities with only a few camera installations to larger cities where red light or speed-enforcement cameras are employed at dozens of intersections. We are grateful for your offer to coordinate a meeting with city department heads before an RFP is submitted to prospective vendors. Please let us know when would be best for you, and if we can help accommodate this meeting in any way. Again, thank you for your time. Respectfully, Joe Rossi REFERRED TO THE COMMITTEE ON POLICE OVERSIGHT NO. 48 BUFFALO WATER SYSTEM- MONTHLY OPERATIONS REPORT- SEPTEMBER 2009 Available for review in the City Clerk’s Office RECEIVED AND FILED NO. 49 AFFORDABLE HOUSING SEMINAR The Erie County Department of Environment and Planning is pleased to announce a free seminar on affordable housing for municipal officials to be held on Wednesday, October 21, 2009. This seminar is designed to dispel the myths surrounding fair and affordable housing, and to create an understanding between municipal representatives and concerned community members regarding affordable housing projects in their community. This event is co-sponsored by Erie County Fair Housing Partnership, Housing Opportunities Made Equal, and the Erie County Department of Environment and Planning. Please note that mandatory training requirements for Planning Board and Zoning Board of Appeals members went into effect as of January 1, 2007. Attendance at this seminar will fulfill the mandatory four-hours of training required under the law. The Affordable Housing Seminar will be held as follows: Date Wednesday, October 21, 2009 Time 4:00 – 5:00 PM Light dinner Registration 5:00 – 9:00 pm Presentations Location Erie Community College - South Campus Building 5, Room 5101 4041 Southwestern Blvd Orchard Park, NY 14127 Attached please find flyers/registration forms. While there is no fee to attend, advanced registration is required, as seating is limited. Registration forms must be received via fax or mail by October 14, 2009. Walk-ins will not be accepted. Please circulate this memo and the enclosed flyer to any other municipal officials involved in the planning and zoning process. Please feel free to contact Planner Rachel Chrostowskiat i716) 858-8002 should you have any questions. RECEIVED AND FILED NO. 50 PROPOSED COMMERCIAL SLIP PARKING GARAGE- MARINE DRIVE APARTMENTS Dear Mr. Franczyk Please be advised that I represent the Marine Drive Resident Council and Marine Drive Resident Association in connection with their opposition to the proposed construction by the Erie Canal Harbor Development Corporation ("ECHDC") of the 4-6 story Commercial Slip Parking Garage scheduled to be built on the site of resident parking at the Marine Drive Apartments. Marine Drive is a residential community of 610-apartments and approximately 1,000 residents. Many of the residents of Marine Drive are elderly or children. My clients are extremely concerned about the "fast track" which this project appears to be headed in light of the unanswered questions outlined in this letter. On September 14, 2009, ECHDC submitted a request for proposals for the project seeking to retain professional engineering and architectural consultant firms. The RFP responses are due on October 13, 2009. On September 23, 2009, the Marine Drive Resident Council unanimously passed a resolution which recites: RESOLVED that the Marine Drive Resident Council opposes construction by the Erie Canal Harbor Development Corporation of the Commercial Slip Parking Garage as being adverse to the quality of life of all Marine Drive residents in light of increased traffic congestion, air pollution, noise, crime, and public safety concerns. Following the resolution of the Marine Drive Resident Council members present at a meeting of the Marine Drive Resident Association passed the same resolution. On September 25, 2009 I along with several members of the Resident Council and Resident Association attended a Public Information Meeting at Erie Community College sponsored by Foit Albert architectural and engineering consultants to the project. I am writing on behalf of my clients to request that the Common Council refer the matter to the Waterfront Committee to conduct a public hearing with respect to the proposed construction of the Commercial Slip Parking Garage. There are many unanswered questions on the project which warrant Common Council consideration including: Is the Commercial Slip Parking Garage needed? At the Foit Albert, public information session, Timothy Tielman of the Campaign for Greater Buffalo noted "under utilization" of existing parking ramps servicing Coca-Cola Field, HSBC Center, HSBC Arena, Erie Basin Marina and other adjoining lots. He also noted that the concept of the inner harbor was to create foot traffic in the area. Mr. Tielman suggested the need for an alternative parking study. Assuming the Commercial Slip Parking Garage is needed, it would appear that a better location would be on the "commercial side" of the inner harbor in locations such as the former Donovan Building site, the commercial parking ramp on Perry and Washington, the old "Aud" site, or the Webster block. From the Foit Albert public information session, it appears environmental review of the Commercial Slip Parking Garage by the Federal Highway Agency is "segmented" which is generally disfavored in the law. On the basis of the Foit Albert presentation, there does not appear to be comprehensive consideration of numerous external considerations including HSBC Arena traffic during hockey games, Buffalo Bison games, the contemplated bridge serving the inner and outer harbor, Erie Basin Marina traffic, etc. There are several unanswered environmental concerns including: • Increased traffic congestion • Increased air pollution • Increased noise • Crime concerns • Public safety concerns The site of the proposed Commercial Slip Parking Garage is on land owned by the Buffalo Municipal Housing Authority. As of yet, the land has not been sold or leased by BMHA to ECHDC. Will Common Council approval be needed for the sale or lease? At the public information session Foit-Albert identified a $3 Million local contribution from the City of Buffalo to build the Commercial Slip Parking Garage. Where is this funding coming from? Is the funding ear-marked? Will the Common Council have to become involved to release the local share? How many parking spots need to be reserved for the tenants under the City Charter? The Commercial Slip Parking Garage will be built over existing surface parking. In response to an inquiry at the public information meeting, a representative of For Albert stated that the project is being is treated as a "hybrid" and the current surface parking will be the same for the tenants. Under the City Charter it appears the tenants may be entitled to 1.5 parking spaces for each current space. At the Foit Albert public information session there were concerns raised whether the Commercial Slip Parking Garage may have to be subsidized. If so who pays the subsidy? A subsidy will also create an "unlevel playing field" for other commercial parking ramp owners downtown. The Commercial Slip Parking Garage will dramatically alter the character of a residential neighborhood. The proposed Marine Drive site is extremely dense from a traffic/parking perspective due to on-street parking, school buses, commercial vehicles, tenant parking, etc. The Foit Albert public information session showed ingress/egress is contemplated on Marine Drive for both tenants and parking garage users. This raises a significant question of traffic congestion for the area. A 4-6 story parking garage is larger than a traditional commercial building. In light of existing zoning for the area, can a 4-6 story parking garage be built on the site? The issues are complex and require a public conversation. Accordingly, I believe all interested stakeholders in the project including representatives of the Erie Canal Harbor Development Corporation, the City of Buffalo, the Buffalo Municipal Housing Authority, the Federal Highway Agency and others be invited to attend any scheduled Waterfront Committee hearing. On behalf of the approximately 1,000 residents of the Marine Drive community I thank you for your consideration. REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT NO 51 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON-SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR - State Environmental Quality Review) of the Environmental Conservation Law. Buffalo Common Council Room 1315 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: Frizlen Group Development Type of Action: Unlisted - Coordinated Description: The Frizlen Group proposes to undertake the construction of a three-story, mixed-use commercial/residential building at the northwest corner of Elmwood Avenue and Bryant Street. The project will include, but is not limited to, the following: demolition of a vacant KFC restaurant building on the site; site preparation work; construction of 4,500 sq. ft. retail/commercial space at ground level; construction of 12 apartment units on the second and third floors ranging from 950 to 1,250 sq. ft.; site landscaping; public utility improvements; off street parking for eight vehicles; installation of exterior lighting and fencing; sidewalk, curb and driveway improvements. Demolition of the existing structure will be financed by a grant made available from the Empire State Development Corp. under the Restore NY '09 Program. The total cost of the development is approximately $4,000,000. As a result of this environmental review, the Lead Agency has determined that the undertaking of this action will not constitute an action significantly affecting the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The few negative impacts identified are primarily due to demolition, site preparation, construction and landscaping activities, which will generate some increased vehicle emissions, fugitive dust, and increased noise levels. These are short-term impacts only that will have a minor effect on the environment, and are not significant in magnitude or effect. City codes and proper construction practices will mitigate potential adverse impacts due to construction and activities. The project will also: remove a substandard structure from the neighborhood; provide high quality housing opportunities for renters; compliment the ongoing revitalization/redevelopment of the Elmwood Avenue commercial strip; facilitate other private investment in the neighborhood and elsewhere in the City; prevent the establishment of incompatible land uses in the area; generate increased tax revenues for the City; substantially improve the visual qualities of the area; eliminate blighting influences and environmental deficiencies; and create new job opportunities for area residents. The impacts that are likely to occur as a result of the project appear, on the whole, to be beneficial and will not, either individually or as a whole, have a significant adverse effect on the environment. For further information relative to this Negative Declaration, contact Mr. Gregory Bernas, Assistant Environmental Program Coordinator, Room 920 City Hall, Buffalo, New York 14202 - Telephone: 716-851-5083. Mr. Fontana moved: That pursuant to Article 8 of the New York Environmental Conservation Law and the implementing regulations, 6 NYCRR Part 617 (State Environmental Quality Review Act (SEQRA), the Common Council hereby adopts the attached Negative Declaration concerning the Frizlen Group Development, located at 448 Elmwood Avenue. ADOPTED. NO 52 A. PAJAK-2010 CAPITAL BUDGET AND BOND SALE RECOMMENDATION RE: 2010 Capital Budget Recommendation and 2010 Bond Sale Recommendation dated October 7, 2009 Dear Mr. Chwalinski: As requested by the Common Council members present at today's caucus, please file the attached communication for consideration at t the Common Council meeting scheduled for October 13, 2009. Thank you for your assistance in this matter. Dear Mayor Brown: The Citizens Planning Council (CPC) in accordance with Section 20-23 of the Charter of the City of Buffalo (Charter) hereby submits to you our recommended capital budget for the 2010 calendar year. Attached to this letter are the spreadsheets outlining the 2010 recommended capital budget and the related 2010 recommended bond sale. Additionally, based upon the information provided by City staff, the CPC has prepared a recommendation with respect to the four-year capital improvement program as required by the Charter. The Office of Strategic Planning (OSP) has been successful in complying with Charter benchmarks, while diligently pursuing verifiable data to support the budget requests. The OSP notified all relevant parties of the capital budget process and all were invited to participate, submit comments, and appear before the CPC. We thank all who appeared before the CPC to enable it to determine a workable 2010 capital budget. The projects recommended by the CPC for the 2010 bond sale and 2010 capital budget were based upon a variety of factors explained in detail below. The more than $125 million in requests, considering the sales cap of $22.7 million for the City and $4.9 million for the Board of Education (BOE), presented a challenging budgeting task. In order to address so many requests with such limited funding, the CPC used its previously established priorities for funding. The classifications considered for ordering projects included those having an impact upon health and safety, annual commitments, the availability of state and federal and other matching funds, and priority projects. The BOE submitted two requests for funding (totaling $4.9 million), both of which fall into the availability of state and federal matching funds category. All funding that has been requested is for reconstruction and improvements at various school buildings that are not included in the current Joint Schools Construction Board (JSCB) program. All projects will receive a 98% match as debt service over the life of the bond and are therefore recommended for funding. In 1998, the JSCB was created to manage the $1 billion reconstruction of the Buffalo Public Schools. The BOE has received sizable investments from the State of New York to complete the multiple phases of the JSCB projects. Throughout this time, the BOE has continued to receive City bond appropriations to make additional improvements. Due to the aforementioned funding allocations, the CPC strongly recommends that the City enter into an agreement with the BOE that would make the BOE solely responsible for maintenance at the Johnny B. Wiley Sports Complex. The Buffalo Fire Department (BFD) and Buffalo Police Department (BPD) made a joint presentation to the CPC. CPC and OSP staff members have worked closely with both departments to determine their most pressing needs and priorities. For the second year in a row, BFD and BPD submitted a request for a new, narrow-band Police and Fire Radio System. This system is mandated by the Federal Communications Commission and must be operational by 2012. To meet the purchase cost of over $5 million, BFD and BPD have secured a $1 million grant and are in the process of applying for an additional $1 million from the Urban Area Security Initiative. In 2008, the CPC recommended funding this item over a two year period. The 2009 Capital Budget approved funding for the system in the amount of $1,775,000, therefore, the CPC recommends bonding the remaining $1,649,000 for the purpose of purchasing the Police and Fire Radio System. Additional funding for BPD's Delaware Park Back-up 911 Center renovation as well as BFD's request for the purchase of fire vehicles/apparatus are recommended due to their impact on health and safety. CPC Members were impressed with the collaborative activities of the BFD and BPD. In order to realize further cost savings through added efficiencies, the CPC recommends the City of Buffalo solicit funding to construct a combined Police and Fire headquarters building. Significant savings can be garnered through the use of shared staff, services, and training facilities that a combined headquarters would provide. A significant energy savings would also be realized through a new, energy efficient, shared facility. The CPC discussed the issue of demolitions in the City of Buffalo at length and has decided to recommend funding in the amount of $2,535,000. The request falls under the health and safety category and is considered to be an annual requirement. A number of cultural organizations appeared before the CPC with many worthy requests for building renovations. There was much discussion about priorities and outside funding opportunities. The CPC decided that all of the requests were worthy of attention, but due to budget constraints, most of them could not be recommended for funding. Therefore, the CPC recommends that the Buffalo Arts Council, Buffalo and Erie County Public Libraries, Kleinhans Music Hall, the Buffalo Zoological Society, and the Olmsted Parks Conservancy projects be funded in reduced amounts as outlined in the attached budget. The Department of Public Works (DPW) had by far the largest requests in volume and cost. As previously noted, the importance of health and safety, and the availability of matching funds, were two top criteria for funding recommendations for the 2010 Capital Budget. CPC, OSP, and DPW have worked together to identify the greatest needs and priorities of the Department. Four DPW projects are accompanied by a funding match from state and federal funds and are therefore recommended for funding. These projects are primarily in the area of streets reconstruction. Additional infrastructure improvements on City right-of-ways have also been recommended. DPW's annual commitments included citywide infrastructure improvements, City owned building repair, citywide parks, bridge repairs, and streets vehicles. The CPC recognizes the importance of these annual commitments and recommends that they be funded in the 2010 Capital Budget. Once all of the Health and Safety, Annual Commitments, and Matching Funds projects have been accounted for, there is little flexibility of funding for Priority Projects. Although many of the requests have strong merit, only certain high priority items have been funded after careful consideration. The CPC recommends that these priority projects be funded in the amounts outlined in the attached budget. The CPC realizes that the needs are far greater than the available budget can fund. While we respect the Comptroller's disciplined approach for managing capital debt, the limited amount made available to the City to maintain its infrastructure, buildings, parks, and other amenities is woefully insufficient. The CPC is deeply concerned over the number of projects needing to be done and how this lack of funding will impact the quality of life and safety of our citizens. The CPC recommends that the Comptroller increase the City's capital spending level beginning in 2011. The CPC is a dedicated group of volunteers selected by the Mayor, Common Council, and the BOE delivering perspectives from many areas of expertise. This group has worked together with the goal of moving the City forward with an efficacious strategic vision and plan for capital expenditures. The members of the CPC look forward to continuing to work with you for the benefit of our City. Respectfully Adam W. Perry, Esq. Chairman REFERRED TO THE SPECIAL COMMITTEE ON BUDGET NO 53 M. PENSABENE-US DEPT STATE-RESPONSE-GM IMPORT CHINESE MADE VEHICLES Dear Ms. Rushton: Your letter of June 1, 2009 to President Barack Obama has been forwarded to the U.S. Department of State for a response. We appreciate that you took the time to forward the May 26, 2009 resolution adopted by the Buffalo Common Council. The Obama Administration is committed to helping revitalize the automotive industry in a comprehensive way that results in more jobs, more fuel efficient automobiles and strengthened environmental standards. A key part of this effort involves working closely with General Motors (GM) and other U.S. automakers and suppliers. The Administration does not believe that excluding imports of GM-produced automobiles from China will resolve the challenges GM faces nor that such a decision would necessarily result in a shift of those jobs to the United States. GM has recognized the need for a comprehensive review of its structure, production lines, financing and staffing to determine the optimal means for returning to a position of domestic and global leadership. The United States has no legal basis for denying imports of GM-produced automobiles from China. Moreover, the Administration is committed to pursuing open markets for U.S. goods and services, and doing so in a way that puts other countries' labor and environmental standards on an equal footing with ours. As a consequence, the Administration does not want to take steps that could result in other countries' closing their markets to U.S. goods and services. The Obama Administration is receptive to recommendations on the best way to foster a business and investment climate in the United States that encourages manufacturers and service providers to create jobs in the automotive and other sectors. With best wishes, Mary Pensabene Acting Director Office of Public Liaison and Intergovernmental Affairs RECEIVED AND FILED NO 54 R. RIENAS-PBA RESPONSE-771 BUSTI AVE. PROPOSED LANDMARK DESIGNATION The Buffalo and Fort Erie Public Bridge Authority (PBA) as the property owner of 771 Busti Avenue has received notification of the October 6, 2009, Public Hearing before the Committee on Legislation. This letter and attachments constitutes the PBA submission and opposition to designating 771 Busti Avenue as a "landmark." Unfortunately the Buffalo Preservation Board recommendation report to the Common Council did not include the PBA's September 3, 2009, letter to the Preservation Board. It is attached to this letter for the Committee's consideration. Further, the Preservation Board's report, while mentioning the views of some residents supporting the designation, is silent on the PBA attorney's presentation and that of the PBA structural engineering consultant. A copy of the engineering consultant's visuals is attached. The PBA reminds the Committee that the Buffalo Common Council and Mayor entered into an agreement in 2004 with the PBA wherein the City committed to demolish 771 Busti Avenue together with other PBA-owned houses for additional green space and improvements to Front Park. The PBA contributed $2.5 million and performed all the work assigned to it in the agreement. In 2005 the Common Council adopted the "Buffalo Waterfront Corridor Initiative'. International Waterfront Gateway Neighborhood Program" which called for the demolition of all the houses on Busti Avenue between Vermont and Rhode Island and conversion to landscaped parkland. A copy of the sketch from the plan is attached. Some members of the Legislation Committee were on the Common Council that approved those documents. It also needs to be understood that the ultimate disposition of all the PBA-owned Busti Avenue properties is not linked to the Peace Bridge project and the expansion of the Department of Homeland Security plaza. Regardless of that outcome the intent is to demolish these houses in keeping with the previous agreement and plans for the benefit of the neighborhood. The PBwould be pleased to respond to any questions the Committee may have. Yours truly, Ron Rienas General Manager COPY AVAILABLE FOR REVIEW IN THE CITY CLERKS OFFICE REFERRED TO THE COMMITTEE ON LEGISLATION NO 55 R. RIENAS-MEM OF AGMET BTWN COB AND PBA (2004) : Dear Chairman Golombek RE: 771 BUSTI AVENUE - PROPOSED LANDMARK DESIGNATION Further to the Peace Bridge Authority's (PBA) submission at the Public Hearing on October 6, 2009, the purpose of this letter is to respond to statements made at the hearing. One of the speakers at the hearing stated that there was no signed Memorandum of Agreement (MOA) between the City of Buffalo and the PBA and no City Planning documents that called for the demolition of the houses (including 771 Busti Avenue) on Busti Avenue between Rhode Island and Vermont. These statements are not factually correct. Attached is the October 1, 2004, executed legal agreement between the PBA, the Mayor and Common Council. You will note that Item B6 states "Demolish boarded up homes on Busti/replace with landscaping" and the funding responsibility for the demolition rests with the City of Buffalo. In 2005 this was incorporated into the City's "Buffalo Waterfront Corridor Initiative: International Waterfront Gateway Neighborhood Improvement Program." Both the City plan and the MOA are posted on the City's website. Attached are excerpts from the plan that specifically reference the MOA and the intent to demolish all the houses on Busti Avenue between Rhode Island and Vermont. We are unclear as to how the Common Council can now take an action which violates its own agreement and is not consistent with its own planning documents. Yours truly, Ron Rienas General Manager COPY AVAILABLE FOR REVIEW IN THE CITY CLERKS OFFICE REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 56 D. SMITH-SOUND BASIC EDUCATION COVENANT Dear City Clerk Chwalinski, Please file the Sound Basic Education Covenant with the Common Council of the City of Buffalo. Sound Basic Education Covenant We are requesting that David Steiner, the new Commissioner of Education, endorse this Sound Basic Education Covenant with the students of the State of New York, many of whom have been consistently denied their constitutionally guaranteed right to a sound basic education, and their parents and families. By supporting this agenda, the Commissioner of Education is embracing the Declaration, sharing in the Principles, and committing to provide the leadership needed to advance the Priorities outlined herein. Declaration: The fundamental responsibility of the Commissioner of Education is to deliver a "sound basic education" to all the students of the State of New York. The people of New York are entitled to a Commissioner of Education who is committed to educational accountability, who provides leadership and vision, who is committed to full transparency so that all New Yorkers have access to information relevant to their children's academic future, and who implements and enforces the law and the Commissioner's regulations in a way that is consequential for all parties involved. As the primary public official responsible for the education of New York's students, the Commissioner of Education must provide the public leadership necessary to ensure that all students have access to their constitutionally guaranteed right to a sound basic education. Principles: ACCOUNTABILITY: Proven effective practices, effective teachers, and equitable resources to help students achieve the highest possible outcome. At graduation every student should be college, job market, and citizenship ready. LEADERSHIP: Vision, guidance, support and advocacy to provide a sound basic education for every student. ENFORCEMENT: Commitment to timely enforcement of relevant laws and regulations in relation to all school districts. TRANSPARENCY: Access of parents and community members to the educational process and to the decision-making procedures of local school districts and the State Education Department. Priorities: 1. Broaden the definition of student achievement beyond test scores and graduation rates to include preparation for college, the job market, and citizenship--which are the objective purposes of the "sound basic education" that is every New York student's constitutional right. 2. Close the achievement gaps related to race, language, income, and disability and require straightforward, clearly understandable, and publicly accessible reporting by school districts within their local communities on actions taken and progress made in closing these gaps. 3. Prioritize the specific needs of English language learners (ELL) through the creation of a senior level director who will be responsible for developing and implementing a strategy for increasing ELL outcomes. Ensure that school districts utilize those state aid formula dollars that are generated based upon ELL enrollment to invest in proven programs and services to support ELL success. 4. Build on the successes of the Contract for Excellence and overcome the shortcomings in its implementation by fully and thoroughly enforcing the law and Commissioner's regulations including but not limited to, the public disclosure and participation process, student achievement targets, and investing in best practices. Expand this mode[ of accountability to cover more funding resources and more under-performing schools and districts in a manner that ensures effective coordination between and consolidation of planning and accountability tools. 5. Provide early childhood education, starting from birth with full-day services for three-and four-year-olds as the Board of Regents has envisioned. 6. Provide a rich and diverse educational environment that will provide every student with broad-based opportunities including but not limited to arts education, physical education, high quality after school programs, career and technical education, and transition services for students with disabilities. 7. Require every school district to identify and deliver the educational resources students need to meet the new requirement that all general education students must earn a Regents diploma to graduate high school to ensure that this new standard is a pathway to success as opposed to a roadblock. 8. Open up the process by which decisions are made at the district and state level, by providing real opportunities for parents, students, and community members to provide meaningful input and participate in the process - which requires that they receive substantive information about allocation of resources, school district and school accountability status, educational decision-making, and evaluation and analysis of data regar6ing resource investments and student outcomes. 9. Convene a Task Force that includes the members of the Board of Regents, the Commissioner of Education, senior level State Education Department personnel, and representatives of parent and community organizations to monitor and assess the fulfillment of this contract and to generate joint recommendations and action steps to achieve the principles, goals and outcomes outlined is this Covenant. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO 57 A. THOMPSON-COMPLAINT FROM C. PEOPLE RE: POLICE Dear Mr. People, th I am in receipt of your letter regarding an incident on August 5in which you sustained injuries from Police Officer Watkins. Thank you for bringing this to my attention. I have forwarded a copy of your letter to Councilmember Brian Davis, Buffalo Police Commissioner, Erie County Legislator Barbara Miller-Williams, and Mayor Byron Brown. I will keep you informed regarding any correspondence over this issue. If I can be of any further assistance please do not hesitate to contact my Buffalo office listed above. Sincerely , Antoine M. Thompson Ih New York State Senator: 60District CECIL H. PEOPLE 132 SPRING STREET (APT.39) BUFFALO, NEW YORK On August 5, 2009 at approximately 4:45 PM, I was on Jefferson and Clinton Street, when Police Officer Watkins came up to me from behind, without identifying himself and hit me in the left side of my back, causing me excruciating pain. After that he cussed and told me to go home before he arrested me, which he had no cause for. The next day, I could not even get out of bed, I was taken to ECMC, and after hours of waiting to be seen, was told that my back and rib area was much bruised, It is also on file at ECMC. I have been house bound, except for going to my nephew's funeral, which I could barely walk, since this incident, I had and am still having a hard time getting around, I am on pain medication and still in a great deal of pain. I called police headquarters to file a report, and was told Lt. Hartmann would be out to take a statement, because I could not get out because of the amount of pain that I was in, and also I am a Senior Citizen. He came about three weeks later took a statement, and also tape recorded it. He told me that my statement would be submitted to the chief of police. I recently called Lt. Hartmann to see if there was anything happening and was told he was waiting for the police officers statement, and to talk to the Police chief. This incident should have never happened, I am a Senior Citizen, and was not doing anything wrong, and I feel that no action is being taken, and it is trying to be swept away, as other eases of Police brutality, because that is exactly what it was] I was minding my own business and was abused by police authority for no reason, because if I did something wrong, I would have been arrested! Cecil H. People REFERRED TO THE SPECIAL COMMITTEE ON POLICE OVERSIGHT NO 58 A. THOMPSON-CONTAMINATION/REMEDIATION OF LOTS ON JEFFERSON AVE Dear Mayor Brown and Councilmember Davis, As you may already be aware, Rayford Enterprises, working in conjunction with Mount Ararat Temple of Prayer, is in the process of constructing a new multipurpose commercial building on several lots along Jefferson Avenue. There are also plans for more construction in the future, depending on the success of this project. However, in a recent meeting with Bishop Dwight E. Brown, of New Mount Ararat Temple of Prayer, and Mr. Oscar Rayford, CEO of Rayford Enterprises, I was made aware that they discovered possible soil contamination of several of the proposed construction site lots (see, enclosure). Since this recent revelation, the construction has been put on halt. I cannot stress the importance of positive development within our inner city. Nor can I measure the value which a construction project, as this, can bring to the surrounding Jefferson Avenue community. As such, I write you this letter, not only as a show of support for the project, but also to implore a joint effort to help remediate the possible soil contamination. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO 59 APPT DATA CONTROL CLERK (PERM)(MAX)(MIRANDA)(COMPT) (COP# 10, 9/29) Mrs Russell moved That Communication 10 of September 29, 2009 be received and Filed and that the Permanent Appointment of Helen A. Miranda, 7 Susan Lane, Buffalo, NY 14220 at he Maximum Salary of $36,164.00 is hereby approved. PASSED AYES - 9 NOES - 0 NO 60 APPT ASSISTANT CORPORATION COUNSEL II(QUINN)(PERM)(MIN)(CC) CCP# 26, 9/29 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED NO 61 NOTICES OF APPOINTMENTS TEMP/PROV/PERM CCP# 33, 9/29 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (MICHAEL P. KEARNS, CHAIRMAN) NO 62 AUDIT REPORT-GUN BUY BACK PROGRAM 8/15/09 (COMPT) CCP# 8, 9/29 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED NO 63 THIRD-PARTY NOTIFICATION REQUIREMENT (ITEM NO. 127, C.C.P., OCT. 30, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That this Common Council hereby requests the Law Department to review all City Contracts and Agreements for the operation and management of City facilities and ensure that a third-party notification clause is included therein, and in those cases that such a requirement is not contained in the respective terms, that an addendum ne negotiated to require such notification; and That the Acting Corporation Counsel report back to this Common Council upon the completion of this directive as stated in the above communication. ADOPTED COMMUNITY DEVELOPMENT (MICHAEL J. LOCURTO, CHAIRMAN) NO 64 APP TO TRANSFER TWO HOMES IN SYCAMORE VILLAGE SUBDIVISION(HRG 10/13) Mr. Fontana moved to open the public hearing Seconded by Mr. Davis. Carried Appearances Francisco Guzman-BURA Councilmember Davis Mr. Fontana moved to close the public hearing seconded by Mrs. Russell Mr. Fontana moved to Approve above item Seconded by Mr. Kearns Mr. Kearns Transfer Two (2) Homes in Sycamore Village Subdivision (Item No. 57, C.C.P., Sept. 29, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the Mayor, the Chairman, Vice-Chairman, or any duly authorized officer of the City of Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other documents necessary to convey lands to the following purchasers which are subject to approval of Agency Legal Counsel. Transfer of title of Lot 2, 381 Sycamore Street to Kathy W. Lassiter for the amount of $150,000.00 and transfer of Lot 13, 15 Sydni Lane to Brian and Alexis Hawkins for the amount of $193,000.00. PASSED AYES - 9 NOES - 0 NO 65 TRANSFER TWO (2) HOMES IN SYCAMORE VILLAGE SUBDIVISION (BURA) (ITEM NO. 30, C.C.P., SEPT. 29, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the above-mentioned item be and the same is hereby received and filed. Adopted. NO 66 M. LOCURTO-FRANK LLOYD WRIGHT'S DARWIN D. MARTIN HOUSE COMPLEX (#15, 9/15) That the above item be the same and hereby is Received and Filed. ADOPTED NO 67 YEAR 34 COMMUNITY DEVELOPMENT QUARTERLY REPORTS 2/1/09 - 4/30/09 (#50, 9/1) That the above item be the same and hereby is Received and Filed. ADOPTED NO 68 M. KEARNS-F. LOPEZ-NEIGHBORSFORPROGRESS (#37, 5/12) That the above item be the same and hereby is Received and Filed. ADOPTED LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRMAN) NO 69 PROPOSED LANDMARK DESIGNATION - 771 BUSTI AVENUE (THE WILKESON HOUSE) (ITEM NO. 29, C.C.P., SEPT. 29, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That after the public hearing held before the Committee on Legislation on October 6, 2009, 771 Busti Avenue, the Wilkeson House be, designated as a local historic landmark, pursuant to Article V, Section 337 of the Preservation Standards of the Buffalo Code; and That this designation is made upon due consideration of the reports of the Buffalo Preservation Code (Chapter 337 of the Buffalo Code) and for the reasons set forth in the reports of the Buffalo Preservation Board and its Landmark Designation Committee; and That the Secretary of the Preservation Board be, and hereby is directed to file the property description with the City Clerk, the Planning Board, the Division of Planning and with the Department of Public Works; and That the Petitioner is directed to file a description or map of the property with the Erie County Clerk's Office. PASSED AYES - 9 NOES - 0 NO 70 T. BRIATICO, PETITION TO USE 194 MAPLE - PARKING LOT (ITEM NO. 16, C.C.P., SEPT. 15, 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 71 T. BRIATICO, PETITION TO USE 203 MAPLE - PARKING LOT (ITEM NO. 17, C.C.P., SEPT. 15, 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 72 B. BAUMKER, PETITION TO USE 517 NIAGARA STREET - POLE SIGN (ITEM NO. 80, C.C.P., SEPT. 1, 2009) (ITEM NO. 49, C.C.P., SEPT. 15, 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 73 S. MCCARTHY-REQ FOR HANDICAP PKG-595 DELAWARE AVE (#56, 9/15)(#66, 7/21)(#99, 9/1) That the above item be the same and hereby is Received and Filed. ADOPTED NO 74 FOOD STORE LICENSE- 1270 CLINTON (ITEM NO. 40, C.C.P., SEPT. 1, 2009) (ITEM NO. 53, C.C.P., SEPT. 15, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. GoIombek moved: That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Ahmed Alokam d/b/a Clinton Express located at 1270 Clinton with the following conditions: 1. That the hours of operation of the store should be 7:00 am to 10:00 pm. 2. That NO sale of drug paraphernalia be permitted. 3. That NO outdoor signage or advertising are permitted. 4. That No Loitering signs be placed in front of the store. PASSED AYES - 9 NOES - 0 NO 75 FOOD STORE LICENSE - 2050 NIAGARA (ITEM NO. 42, C.C.P., SEPT. 1, 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 Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Gamal Naji and Anthony Monsour d/b/a The Limit Spot located at 2050 Niagara with the following conditions: That the hours of operation of the store are 7:00 am to 10:00 pm seven days per week. 2. That there is NO sale of drug paraphernalia permitted. 3. That there is NO outdoor signage or advertising is permitted. 4. That there is NO spray painted or air brushed signage permitted. 5. That there is NO blocking of windows (with signs, ads, displays, etc). PASSED AYES - 9 NOES - 0 NO 76 J. FOGARTY-TIME WARNER CABLE FRANCHISE RENEWAL (#65, 9/1) That the above item be the same and hereby is Received and Filed. ADOPTED NO 77 FREE BLOOD PRESSURE CHECKS AT FIREHOUSES (FIRE) (#34, 7/21) That the above item be the same and hereby is Received and Filed. ADOPTED NO 78 REQUEST THAT BUFFALO FIRE DEPARTMENT OFFER BLOOD PRESSURE CHECKS AT ALL CITY OF BUFFALO FIREHOUSES (ITEM NO. 120, C.C.P., JULY 7, 2009) That the Common Council hereby request that the City of Buffalo's Fire Department implement a program to establish a free blood pressure screening check station for citizens in our community at all Fire Stations; and That the Fire Department Emergency Medical Services Division is requested to file a written report with the Common Council within twenty (20) days of the passage of this committee report, advising this Council on the feasibility, the costs and the personnel associated with establishing a free city-wide blood pressure screening program; That copies of this committee report be forwarded to Mayor Byron W. Brown, Michael Lombard, Fire Commissioner, Garnell W. Whitfield, Deputy Fire Commissioner and the Law Department for their review and comments. ADOPTED NO 79 USED CAR DEALER LICENSE - 2650 BAILEY (ITEM NO. 46, C.C.P., JULY 2I, 2009) That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services Permit be, and he hereby is authorized to grant a Used Car Dealer license to Derrick Moore d/b/a Sup1"eme Auto Sales, located at 2650 Bailey Avenue, with the following conditions: 1. That the owner/business is limited to 5 cars on the lot. 2. That the owner/business cannot have a repair shop on site. 3. That the owner/business cannot work on or repair any cars being sold on site. 4. That the owner/business cannot work on or repair any other cars on site. PASSED AYES - 9 NOES - 0 RESOLUTIONS NO 80 BY: RICHARD A. FONTANA WAIVE CONSTRUCTION FEES, CONTRACTOR LICENSE FEES, AND DISPOSAL FEES AT SOUTH OGDEN TRANSFER STATION FOR HABITAT FOR HUMANITY WHEREAS, Habitat for Humanity has an excellent reputation as a not-for-profit organization that provides decent and affordable housing for people in Buffalo; and WHEREAS, The Habitat for Humanity volunteer work force continues to rehabilitate older homes and build new ones to strengthen the City of Buffalo by increasing home ownership and creating additional property tax revenue; and WHEREAS, In 2009, Habitat for Humanity has thus far completed rehab projects at 27 Guilford, 33 Guilford, 68 Brinkman, 19 Ferguson, 98 Humason, 412 Cambridge, 524 LaSalle, and 6 Hamlin; and WHEREAS, Additional rehab projects are in progress and scheduled to be completed by 2010 at 141 Deerfield, 20 Guilford, 23 Guilford, 40 Norway, 200 Newburgh, 227 Laurel, and 62 Hazelwood; and WHEREAS, The City of Buffalo owns a transfer station on South Ogden St. that it allows private citizens and organizations to use, for a fee, to dump bulk trash on their own and alleviate heavy trash pile-ups on City streets; and WHEREAS, By waiving fees for Habitat for Humanity, the City of Buffalo will be directly reducing their building costs and freeing up construction dollars that can be used to complete additional projects; and WHEREAS, Habitat for Humanity spends ninety cents out of each dollar donated on the purchase of construction materials in the Buffalo area, which provides a positive economic impact on the local economy and creates additional revenue for the city when completed projects go back on the tax rolls; and NOW THERFORE BE IT RESOLVED, That the Common Council does hereby request that the City of Buffalo Department of Economic Development, Permits & Inspection Services waive all Construction Permit Fees for Habitat for Humanity for the 2010 calendar year; and BE IT FURTHER RESOLVED, That the Common Council does hereby request that the City of Buffalo Department of Economic Development, Permits & Inspection Services waive all Contractor License Fees for Habitat for Humanity for the period of time beginning October 1, 2009 and ending September 30, 2010; and BE IT FURTHER RESOLVED, That the Common Council does hereby request that the City of Buffalo Department of Public Works, Parks & Streets waive Disposal Fees at South Ogden Transfer Station for Habitat for Humanity for the 2009 - 2010 fiscal year; and BE IT FINALLY RESOLVED, That the City Clerk is directed to send certified copies of this resolution to Brian A. Reilly, Commissioner of Economic Development, Permit & Inspections Services; Steven J. Stepniak, Commissioner of Public Works, Parks & Streets; David Rodriguez, Acting Corporation Counsel; and Ronald Talboys, President of Habitat for Humanity Buffalo, 995 Kensington Avenue, Buffalo, NY, 14215. PASSED AYES - 9 NOES - 0 NO 81 SPONSORS: MR. GOLOMBEK & MR. KEARNS RENEWING EFFORTS TO GIVE VOTERS THE OPTION OF NONPARTISAN ELECTIONS th, Whereas: On July 82008, this Honorable Body unanimously passed a resolution entitled "Holding Nonpartisan Elections for All City Offices," (No 132, C.C.P. December 11, 2007); and Whereas: In passing that resolution, the Common Council committed its support to "having the issue of holding nonpartisan elections placed on the General election ballot in 2008 for the public to decide and [thereby directed] the Law Department to undertake the necessary steps to have this issue placed on the ballot"; and th, Whereas: This resolution was subsequently forwarded to the Mayor's Office and, on July 18 2008, was approved by Mayor Byron Brown; and Whereas: 41 of the 50 largest cities in the United States with an elected Mayor use nonpartisan elections, including Los Angeles, Houston, Detroit, Boston and Seattle; and Whereas: Ensuring that voters are given the choice of holding nonpartisan elections is a complicated and arduous endeavor which involves, amongst other things, significant legal research, strict compliance with a variety of legal deadlines, the preparation of a local law, and the preparation of a question to appear on the ballot; and Whereas: Although some time has passed since this resolution was approved, the conditions which necessitated its passage in July of 2008 continue to exist today. Now Therefore Be It Resolved: That this Honorable Body requests, in advance of the next regular meeting of the Common Council to be held on October 22, 2009, that the Law Department file an update with the City Clerk on the progress that they have made in undertaking the necessary steps to have the issue of holding nonpartisan elections for all city offices placed on the ballot for the next General election. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL NO 82 SPONSOR: MR. LOCURTO ASSESSMENT REFORM IN CITY OF BUFFALO Whereas: The City of Buffalo's assessment policies should be fair to all home and business owners; and Whereas: In 2008, two thirds of all property owners who challenged their assessments were given some relief; and Whereas: Thousands of property owners have seen their properties reassessed four times since 2002, while twenty-seven neighborhoods in the City saw revaluations only once in eight years; and Whereas: Residents and business owners do not mind paying their fair share of taxes, as long as the process is not arbitrary or unfair; and Whereas: The City of Buffalo currently opts into a New York State program that calls for the reassessment of every parcel at least once every six years; and Whereas: Section 1573 of the Real Property Tax Law provides state aid for cities and towns committed to keeping assessments at 100 percent of market value annually, which results in $400,00 in annual aid for the City of Buffalo; and Whereas: The cost of participating in this state program may outweigh the benefits, given the costs and staff time associated with the appeals process, judgments, and settlements; and Whereas: The City of Rochester, New York, uses a process that sees all properties reassessed every four years, and only in that year; Now Therefore Be It Resolved: That the Common Council work with Corporation Counsel to investigate the legality of undertaking city-wide assessments only in designated years; and Therefore Be It Further Resolved: That these two bodies further work together to investigate the benefits and drawbacks of opting out of New York State's "full valuation" system; and Therefore Be It Further Resolved: That the Department of Assessment and Taxation investigate the updating of outdated neighborhood boundaries currently used in setting values; and Now Therefore Be it Finally Resolved: That a copy of this communication be referred to the respective entities referenced herein and that this item be referred to the appropriate Common Council Committee for resolution. ADOPT 1st, 2nd and 3rd RESOLVE THE REMAINDER REFERRED TO THE COMMUNITY DEVELOPMENT NO 83 SPONSORS: MICHAEL J. LOCURTO AND DAVID A. RIVERA THE CREATION OF A DOMESTIC PARTNER REGISTRY IN THE CITY OF BUFFALO Whereas: In New York State the cities of Albany, Ithaca, New York, Rochester, Brighton, Eastchester as well as Westchester County, each have domestic partner registries; and Whereas: The City of Buffalo, has not yet taken this important step towards recognizing the unions of unwed couples; and Whereas: Providing a way for couples to publicly declare their union sends a clear message that the City of Buffalo values all of its families; and Whereas: Unmarried couples are 2-3 times more likely to have an uninsured member than their married counterparts; and Whereas: Offering Domestic Partner benefits to City employees helps working families; and Whereas: Though 30% of the City's unionized workforce already has Domestic Partner benefits, only two families have signed up; and Whereas: According to the budget offices of other cities who have given Domestic Partner benefits, costs increase 1.4%-2.1%; Now, Therefore, Be It Resolved: That the law department research a Domestic Partner Registry for all Residents of the City of Buffalo modeled on the sample ordinance attached; and Now, Be It Further Resolved: That the City Clerk manage these records; and Now, Be It Further Resolved: That the requirements for a Domestic Partnership be identical to those for marriage with the exception of sex, gender, or gender identity; and Now, Be It Further Resolved: If benefits are offered to married municipal employees then equal benefits be given to Domestic Partners as if they were married; and Finally, Be It Further Resolved: That all rights given by the City of Buffalo to married couples be extended to those in a Domestic Partnership. REFERRED TO THE COMMITTEE ON LEGISLATION NO 84 BY: MS. RUSSELL LL INTRO #4-AMEND ARTICLE #28 “TAXES & ASSESSMENTS” TO INCLUDE THE BUSINESS INVESTMENT EXEMPTION A LOCAL LAW to Amend Article 28 "Taxes and Assessments" within the jurisdiction of the City of Buffalo, Erie County to include the Business Investment Exemption. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1: ~28-29.2-1. Business Investment Exemption A. Pursuant to Real Property Tax Law Section 485-b, real property constructed, altered, installed or improved subsequent to the first day of July, nineteen hundred seventy-six for the purpose of commercial, business or industrial activity shall be exempt from taxation and special ad valorem levies, except for special ad valorem levies for fire district, fire protection district and fire alarm district purposes, to the extent hereinafter provided. B. Such real property shall be exempt for a period of one year to the extent of fifty per centum of the increase in assessed value thereof attributable to such construction, alteration, installation or improvement and for an additional period of nine years provided, however, that the extent of such exemption shall be decreased by five per centum each year during such additional period of nine years and such exemption shall be computed with respect to the "exemption base." The exemption base shall be the increase in assessed value as determined in the initial year of such ten year period, following the filing of an original application, except as provided in subparagraph (2) of this paragraph. 1. In any year in which a change in the level of assessment of fifteen percent or more is certified for a final assessment roll pursuant to the rules of the state board, the exemption base shall be multiplied by a fraction, the numerator of which shall be the total assessed value of the parcel on such final assessment roll (after accounting for any physical or quantity changes to the parcel since the immediately preceding assessmenroll), and the denominator of which shall be the total assessed value of the parcel on the immediately t preceding final assessment roll. The result shall be the new exemption base. The exemption shall thereupon he recomputed to take into account the new exemption base, notwithstanding the fact that the assessor receives the certification of the change in level of assessment after the completion, verification and filing of the final assessment roll. In the event the assessor does not have custody of the roll when such certification is received, the assessor shall certify the recomputed exemption to the local officers having custody and control of the roll, and such local officers are hereby directed and authorized to enter the recomputed exemption certified by the assessor on the roll. The assessor shall give written notice of such recomputed exemption to the property owner, who may, if he or she believes that the exemption was recomputed incorrectly, apply for a correction in the manner provided by Title Three of Article 5 of the New York State Real Property Tax Law for the correction of clerical errors. 2. (a.) The following table shall illustrate the computation of the tax exemption: Year of exemption Percentage of exemption 1 50 2 45 3 40 4 35 5 30 6 25 Z 20 8 15 9 10 10 5 (b.) No such exemption shall be granted unless (1) such construction, alteration, installation or improvement was commenced subsequent to the first day of January, nineteen hundred seventy-six; (2) the cost of such construction, alteration, installation or improvement exceeds the sum of ten thousand dollars or such greater amount as may be specified by local law or resolution; and (3) such construction, alteration, installation or improvement is completed as may be evidenced by a certificate of occupancy or other appropriate documentation as provided by the owner. (c.) For purposes of this section the terms construction, alteration, installation and improvement shall not include ordinary maintenance and repairs. (d.) No such exemption shall be granted concurrent with or subsequent to any other real property tax exemption granted to the same improvements to real property, except, where during the period of such previous exemption, payments in lieu of taxes or other payments were made to the local government in an amount that would have been equal to or greater than the amount of real property taxes that would have been paid on such improvements had such property been granted an exemption pursuant to this section. In such case, an exemption shall be granted for a number of years equal to the ten year exemption granted pursuant to this section less the number of years the property would have been previously exempt from real property taxes. C. Such exemption shall be granted only upon application by the owner of such real property on a form prescribed by the state board. Such application shall be filed with the Assessor of the city, town, village, or county having the power to assess property for taxation on or before the appropriate taxable status date of such city, town, village or county and within one year from the date of completion of such construction, alteration, installation or improvement. D. If the assessor is satisfied that the applicant is entitled to an exemption pursuant to this section, he or she shall approve the application and such real property shall thereafter be exempt from taxation and special ad valorem levies, except for special ad valorem levies for fire district, fire protection district and fire alarm district purposes, as herein provided commencing with the assessment roll prepared after the taxable status date referred to in subdivision three of this section. The assessed value of any exemption granted pursuant to this section shall be entered by the assessor on the assessment roll with the taxable property, with the amount of the exemption shown in a separate column. E. The provisions of this section shall apply to real property used primarily for the buying, selling, storing or developing goods or services, the manufacture or assembly of goods or the processing of raw materials. This section shall not apply to property used primarily for the furnishing of dwelling space or accommodations to either residents or transients other than hotels or motels. F. In the event that real property granted an exemption pursuant to this section ceases to be used primarily for eligible purposes, the exemption granted pursuant to this section shall cease. Section 2: Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions of this local law shall be controlling. Section 3: This local law shall take effect immediately after it is duly passed and signed into law. NOTE: Matter underlined is new, matter in brackets is to be deleted. REFERRED TO THE COMMITTEE ON LEGISLATION NO 85 BY: COUNCILMEMBER SMITH ELIMINATE FORECLOSURE ON PROPERTIES DUE TO NONPAYMENT OF WATER AND SEWER BILLS Whereas: The foreclosure auction contains properties that are delinquent in taxes and user fees; and Whereas: Taxes and user fees are a flat fee that are predetermined and constant with no unusual circumstances that the owner is not aware of; and Whereas: Although usage varies since they are based on consumption, water bills are not constant which leads to an inconsistency in payments and are done in quarterly payments; and Whereas: The service boxes do not receive regular maintenance and no final reading takes place before a sale; and Whereas: Property owners who have faulty plumbing and/or insufficient crawl spaces which result in leaks, can not have new meters installed to insure adequate readings; and Whereas: There is a 21% penalty that is incurred on delinquent bills over 120 days while service is no longer being provided in addition to the 18% annual interest rate while the bill is past due. Now, Therefore, Be It Resolved That: The Common Council of the City of Buffalo requests the elimination of properties from the foreclosure auction due to delinquencies in water bill payments until a better method is put in place to deal with nonpayment of water bills; and Be It Further Resolved That: The Common Council of the City of Buffalo requests that the past due interest rate of 21% that is applied to a metered home after 120 days and an unmetered home after 240 days is reduced to a feasible rate in addition to the establishment of a leak abatement program in the City of Buffalo; and Be It Finally Resolved That: The Water Board and Sewer Authority evaluate monthly billing rather than the current quarterly billing cycle. REFERRED TO THE COMMITTEE ON LEGISLATION NO 86 BY: MR. SMITH REQUESTING A STOP SIGN ON FLORIDA AND VICTOR ST. Whereas: The residents on Florida, Elton and Victor Streets have seen an increase in traffic and speeders driving down Florida St; and Whereas: Each year in New York State, hundreds of people are killed, and tens of thousands are injured in motor vehicle accidents; and Whereas: Drivers, passengers, bicyclist and pedestrians are victims of the widespread practice of speeding; and Whereas: Speeding is a major problem on Florida St, and neighborhood residents are requesting a stop sign be placed on the corner of Florida and Victor to help calm traffic, and stop speeders. Now, Therefore, Be It Resolved: The Common Council does hereby request that the Department of Public Works, Traffic Division perform a traffic study to examine the feasibility of installing a stop sign at the corner of Florida and Victor streets; and Be It Further Resolved: That a copy of this resolution be forwarded to the Department of Public Works for review and comment. ADOPTED NO 87 BY: MR. SMITH FELICITATIONS IN MEMORIUM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: In Memoriam for Reverend Terence A. McKissick, Sr By Councilmember Brian C. Davis ADOPTED NO 88 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2010, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo James Inman TOTAL 1 ADOPTED NO 89 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: • Melissa M. Wannemacher TOTAL 1 ADOPTED NO 90 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 Tuesday, October 20, 2009 at 9:45 o'clock A.M. Committee on Finance Tuesday, October 20, 2009 at 10:45 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, October 20, 2009 at 1:00 o'clock P.M. Committee on Legislation Tuesday, October 20, 2009 at 2:00 o'clock P.M. Committee on Claims Wednesday, October 21, 2009 at 11:00 o’clock AM Special Committees Committee on Waterfront Wednesday, October 21, 2009 at 5:00 o’clock PM Development (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware; therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO 91 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mrs. Russell, the Council adjourned at 2:45 PM. GERALD CHWALINSKI CITY CLERK October 13, 2009 Board of Police and Fire Pension Proceedings #9 Office of the Mayor-201 City Hall October 15, 2009 Present: Richard Calipari, Investment Debt Management Gerald Chwalinski, City Clerk The Journal of the last meeting was approved No. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the months of October 2009 amounting to $3,740.00 each month, and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes-2. Noes-0. No. 2 I transmit herewith the Pension Payroll for the Police Pension Fund for the months of October 2009 amounting to $2,815.00 each month and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes-2. Noes-0. Received and Filed No. 3 On motion by Mr. Calipari the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:15 a.m.