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Home My WebLink About09-0915 (2) No. 17 PROCEEDINGS OF THE CITY OF BUFFALO SEPTEMBER 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 September 15, 2009 FINAL MAYOR 1. Appt-Citizen’s Planning Council(Jackson) R&F MAYOR – EXECUTIVE 2. Plan Bd-SEQR-Neg Declaration 2025 Bailey AKA 222 Doat(Lov) R&F 3. Plan Bd-SEQR-Neg Declaration 1040 Delaware Ave(Nia) R&F 4. Plan Bd-SEQR-Neg Declaration 294-302 Hudson St((Ell) R&F COUNCIL PRESIDENT 5. Letter to Bd of Ethics-Req Review of News Article COW 6. Police Oversight Committee Review of Stokes Affair POL O/S ASSESSMENT 7. Business Improvement Exemption Ordinance LEG CORPORATION COUNSEL 8. Claims Requiring Expedited Approval APP 9. Correction of Prior Approval Motion Concerning Abandonment and Sale of 238 Ontario St APP CITY CLERK 10. Leaves of Absence R&F 11. Reports of Attendance R&F 12. Notices of Appointments-Council Interns ADOPT 13. Notices of Appointments- Temp/Prov/Perm CS MISCELLANEOUS 14. Bflo Water System, Monthly Water Bd Report-August 2009 FIN 15- 14A M. LoCurto-Frank Lloyd Wright’s Darwin D. Martin House Complex CD PETITIONS 16- 15. T. Briatico, Agent, Use 194 Maple for a Parking Lot (pub hrg 9/22/09)(Ell) LEG,CPBD 17- 16. T. Briatico, Agent, Use 203 Maple for a Parking Lot(pub hrg 9/22/09)(Ell) LEG,CPBD 18- 17. M. Glomb, Agent, Use 192 Porter Ave For a Free Standing Sign(no pub hrg)(Ell)LEG,CPBD RESOLUTIONS 61- 18. Fontana Ground Lease of Schools, Ground Sublease of Sch and Amended and Restated State & Trust Agreement Phase IV Bflo Sch Redevel APP 62- 19. Franczyk NYS EPF Grant Appl 2009 Bflo Scholastic Rowing Assoc Comm Rowing Ctr on the Bflo River ADOPT 63- 20. Franczyk Reward Fund For East Side Firebombing LEG,A&F,CC,POL,COMPT,EDPI,FIRE 64- 21. Smith Comm of Deeds Public Duties ADOPT 65- 21A 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 19- 1. Com 11 Sept 1 Appt Senior Planner (Perm)(Step 4)(Brozek)(Strat Plan) R&F 20- 2. Com 17 Sept 1 Appt Senior Auditor (Perm)(Third Step)(Trautman)(Compt) APP 21- 3. Com 18 Sept 1 Appt Junior Acct (Perm)(Second Step)(Renfroe)(Compt) APP 22- 4. Com 19 Sept 1 Appt Senior Acct (Prov)(Second Step)(Renfroe)(Compt) APP 23- 5. Com 20 Sept 1 Appt Deputy Comptroller(Perm)(Max)(Fishkin)(Compt) R&F 24- 6. Com 21 Sept 1 Appt Principal Acct (Temp)(Max)(Whitcomb)(Compt) APP 25- 7. Com 23 Sept 1 Appt Junior Collection Officer (Temp)(Max)(Sokolowski)(A&F) APP 26- 8. Com 36 Sept 1 Appt Chief Pumping Plant Engineer (Perm)(Inter)(Houge Jr.)(PW) APP 27- 9. Com 37 Sept 1 Appt City Forester (Perm)(Inter)(Brett)(PW) APP 28- 10. Com 38 Sept 1 Appt Principal Engineer (Temp)(Max)(Ghasemi)(PW) APP 29- 11. Com 61 Sept 1 Notices of Appointments-Temp/Prov/Perm(Cty Clk) R&F FINANCE 30- 12. Com 14 Sept 1 Bflo Municipal Water Finance Auth Basic Financial Statements Y/E 6/30/08 R&F 31- 13. Com 15 Sept 1 Bflo Water Bd Basic Financial Statements Y/E 6/30/08(Compt) R&F 32- 14. Com36 July21 Agmt With Kleinhan’s Music Hall Mngt Inc(CC) APP 33- 15. Res 75 Apr 28 Establish a City Corps Partnership btwn COB and WNY stnd Americorps Vista (Exc 1 and 2 Res) R&F COMMUNITY DEVELOPMENT 34- 16. No 73 Sept 1 Penman-Berc Req Info Re Grant Application R&F 35- 17. No 63 July 7 M. LoCurto-Homestead Inc Request Contract Extension and Modification R&F 36- 18. No 48 June 23 D. Alexander-Request Report Concerning BERC Involvement in One Sunset R&F 37- 19. No 54 June 23 M. Kearns-Concerns-Grassroots Gardens Leases R&F 38- 20. No 3 June 16 City Employees Receiving Multiple Salaries ADOPT 39- 21. No 38 June 9 M. LoCurto-CDBG Monitoring Report-Sunset Bar & Grille R&F 40- 22. No 60 May 26 R. Fontana-L. Blakely-Homesteading Lots on Brinkman R&F 41- 23. No 21 Nov 25 T. Herrera-Mishler-Olmsted Parks Response-Peace Bridge Exp Project R&F LEGISLATION 42- 24. Com 54 Sept 1 Application for Landmarks/Landmark Site: 607-611 Jefferson Ave (Ell)(Pres Bd)(hrg 9/8) APP 43- 25. No 76 Sept 1 R. Sasala, Owner, Use 253 Allen, Expand Patio, Create 7 Pkg Spcs(Ell)(hrg 9/8) RECOMMIT 44- 26. No 78 Sept 1 E. Roberson, Owner, Use 1242 Jefferson Erect a Pole Sign (Ell)(pub hrg 9/8) APP 45- 27. No 79 Sept 1 A. Previte, Owner, Use 136 Lakeview, Create a Self-Serve Laundromat (Ell)(Pub hrg 9/8) APP 46- 28. No 81 Sept 1 T. DeJesus, Owner, Use 518 Niagara AKA 520 Niagara Alter Restaurant/Bar to Permit Live Music & Dancing (Ell)(pub hrg 9/8) RECOMMIT 47- 29. No 82 Sept 1 J. Barlow, Owner, Use 1902 Niagara-Establish a Clothing Store(hrg 9/8) APP 48- 30. No 77 Sept 1 J. Popiela, Agent, Use 404 Edison for a Ground Sign(Lov)(no pub hrg) APP 49- 31. No 80 Sept 1 B. Baumker, Agent, Use 517 Niagara St for a Pole Sign(Ell)(no pub hrg) RECOMMIT 50- 32. No 83 Sept 1 J. Meileman, Agent, Use 564 Dodge St for a HSF(no pub hrg)(Ell) R&F 51- 33. Com 9 Sept 1 Report of Sale 169 Goembel (Fill)(Strat Plan) APP 52- 34. Com 10 Sept 1 Report of Sale 70 Miller (Fill)(Strat Plan) APP 53- 35. Com 40 Sept 1 Food Store License (New)-1270 Clinton (Fill)(EDPI) RECOMMIT 54- 36. Com 41 Sept 1 Food Store License (New)-460 Elmwood (Nia)(EDPI) APP 55- 37. Com 49 Sept 1 Wholesale Junk Dealer-49 Hopkins (South)(EDPI) APP 56- 38. No 99 Sept 1 S. McCarthy-Req for Handicap Pkg-595 Delaware Ave (#66,7/21) RECOMMIT 57- 39. No 101 Sept 1 Food Store (New) 714 Walden (Lov)(EDPI)(#38,7/7)(#90,7/21) APP W/COND 58- 40. Com 40 July 21 Food Store License(New) 2248 Main(Del)(EDPI) DENY 59- 41. No 99 July 7 Slaughterhouse 1285 William(Fill)(EDPI)(#24, 6/9)(#93, 6/23) R&F 60- 42. Com 27 Apr 14 Used Car Dealer-490 Seneca St (Ell)(EDPI) RECOMMIT CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, SEPTEMBER 15, 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 1, 2009 were approved FROM THE MAYOR NO. 1 APPOINTMENT - CITIZEN'S PLANNING COUNCIL Pursuant to Section 18-24 of the Charter, I hereby appoint Marsha D. Jackson, Ph.D., 234 Clinton Street, Buffalo, New York, 14204 to serve on the Citizen's Planning Council for a 2 year term, commencing immediately and expiring August 31,2011. Ms. Jackson is currently serving as Associate Vice President for Student Affairs at Erie Commu0ity College. She is an accomplished college administrator with extensive experience and achievements in various areas of higher education including student affairs, academics, organizational strategies, program development, student support services, training and integration of college activities with community organizations, public schools, local business and industry. I hereby certify that the above named individual is fully qualified to serve as a member of the Citizen's Planning Council Mayor RECEIVED AND FILED FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD NO. 2 SEQRA NOTICE OF DETERMINATION NON-SIGNIFICANCE NEGATIVE DECLARATION 2025 BAILEY This notice is issued pursuant to Part 317 of the implementing regulations pertaining to Article 8 (SEQR - State Environmental Quality Review) of the Environmental Conservation Law, Lead Agency City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment Action Title Renovation of Former Fire House Location 2025 Bailey Avenue AKA 222 Doat Type of Action Unlisted-Uncoordinated Description: Creative Construction Structure Services on behalf of Saving Grace Ministries is proposing the renovation of a former fire house located at 2025 Bailey Avenue AKA 222 Doat Street, Buffalo New York. The structure is a former firehouse located on the comer of Bailey & Doat the exterior renovation is limited to the bricking in (with some glass block in the form of a cross) of the front fire doors that are located on the Bailey Avenue elevation. There will be no other exterior change as the building is in good condition. Most of the renovation will be Interior to the building. An existing parking lot across and down the block from the firehouse will be used for the employees of the new office space. The corporate office headquarters will serve Buffalo, Syracuse, Rochester and in the future New York City. The project is privately funded in the amount of 300,000 dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting The Determination. The facts and reasons for this decision are as follows: The project will save a building that is currently in good condition that has the potential for complete abandonment as well as provide a new Corporation office who's employees may become residents of the surrounding community and/or customers of various businesses in the area (lunch, general shopping etc.). The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further Information relative to this Negative Declaration contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851-5035 RECEIVED AND FILED NO. 3 SEQRA NOTICE OF DETERMINATION NON-SIGNIFICANCE NEGATIVE DECLARATION 1040 DELAWARE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR- State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency City of Buffalo Planning Board Room 901, City Halt 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 Apartment Building/Commercial Space, 1040 Delaware Avenue Location 1040 Delaware Ave Type of Action Unlisted Uncoordinated Description : Wyller & Associates on behalf of 1040 Delaware LLC (Plaza Group) is proposing the renovation of a former nursing home into upscale apartments with some first floor commercial apace located at 1040 Delaware Avenue, Buffalo New York. The primary exterior renovations of the structure will front onto Delaware Avenue. The renovations will transform the front of the building to a neo classical architecture, more reminiscent of past, earlier architecture on Delaware Avenue. The changes will replace the existing raised concrete deck patios with a lower grade elevation to create an enhanced architectural esthetic. The proposal will include 49 small loft style apartments utilizing all of the existing buildings entrances, as wall as a new front entrance located off a new 12' wide one way drop off/pick up access drive. There will be approximately 2000 Sq ft of office space located on the lower level and at the eastern and of the building. The new apartments are primarily one bedroom units sized at about 600 sq ft each through them will also be 13 two bedroom apartments, The building will incorporate a new sprinkler system and • new state of the art smoke and fire detection system. All of the building life-safety systems as wall as ell other building systems will meet or exceed all New York State Code Compliance requirements as par the architect's communication to the Planning Board. The buildings lower level will house the aforementioned commercial space as well as common laundry room facilities, private storage areas, a Common meeting area/lounge area for the residents, bicycle storage area, mechanical support space, indoor trash storage collection and also ADA compliant restrooms. Additionally there is a possibility of residing green opportunities such as Installing solar panels on the roof structure. The panels would be located on the roof area so as not to be visible from any ground vantage points. Solar collection panels may assist in the heat tracing of the new front one-way drive lane and concrete sidewalks as well as supporting other common area Interior building power requirements. The building is surrounded by sufficient off street parking and front and side raised concrete decks and patios. New landscaping will be added to the front of the building and in other areas surrounding the property. This project has been reviewed by the City of Buffalo Preservation Board with no additional comments as per staff. The project is privately funded. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have • significant adverse affect on the quality of the environment No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and masons for this decision are as follows: this project will take a currently vacant nursing home that has the potential for telling Into disrepair and converting it to upscale apartments/commercial space (offices doctor etc.) contributing to the already successful neighborhood surrounding the proposed building renovation. The identified potential negative Impacts appear to be primarily short-term site preparation and construction misted activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment For further Information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851-5085 RECEIVED AND FILED NO. 4 SEQRA NOTICE OF DETERMINATION NON-SIGNIFICANCE NEGATIVE DECLARATION 294-302 HUDSON STREET This notice is issued pursuant to Part 617 of the Implementing regulations pertaining to Article 8 (SEQR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Heart of the City Neighborhoods, Housing Complex Location 294-304 Hudson St Type of Action: Unlisted- Coordinated Description: Heart of the City Is proposing the construction of two four-unit apartment buildings located at 294-302 Hudson Street, Buffalo New York. This project had received approval from the City Planning Board in 2006 however the Heart of the City Group was not able to secure the funding needed to begin the project. In 2006 the project was presented to the City Preservation Board as a courtesy for comments and to the New York State Office of Parks, Recreation and Historic Preservation and was found to have no Impact upon cultural resources in or eligible for Inclusion In the State or National Register of Historic Places. The project is LEED certified and will Include the construction of eight units of housing in two stand alone buildings with new landscaping and off street parking. A number of community meetings have been held by the Heart of the City Organization and at the request of the City of Buffalo Planning Board. The development is Income based with a minimum annual salary of 27,040 dollars to a maximum salary of 54,800 dollars. The project is funded by the Housing Trust Fund Corporation In the amount of 1,500,000 dollars. As a result of the Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse effect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will take an abandoned vacant lot and create new positive housing opportunity, new landscaping/off street parking and a LEED certified building to a growing community in the City of Buffalo. The identified potential negative impacts appear to be primarily short-term site preparation end construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, Contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851-5085 RECEIVED AND FILED FROM THE PRESIDENT OF THE COUNCIL NO. 5 LETTER TO BD OF ETHICS-REQ REVIEW OF NEWS ARTICLE Dear Mr. Coppola: Reference: Buffalo News Article- Brown reportedly intervened with police to assist Stokes Enclosed, please find a recent Buffalo News article alleging Mayor Brown's involvement in an on-going police investigation resulting in the release of a politically connected suspect from Buffalo Police custody. I forward you this information because, although I cannot speak to the veracity of these allegations, if found to be true they may or may not be a violation of the City of Buffalo's Code of Ethics and potentially the Mayor's oath of office. I am deeply troubled by these reports and am requesting that the City Board of Ethics undertake an immediate review of this matter and file their findings with the City of Buffalo Common Council with all expediency. ARTICLE AVAILABLE FOR REVIEW IN THE CITY CLERK’S OFFICE REFERRED TO THE COMMITTEE OF THE WHOLE NO. 6 POLICE OVERSIGHT COMMITTEE REVIEW OF STOKES AFFAIR Dear Colleagues: I am requesting a convening of the Common Council's Police Oversight Committee no later than the next committee week of September 18, 2009, to review whether or not police procedure was properly followed in regard to the Leonard Stokes affair as outlined in the attached Buffalo News article. Respectfully Submitted ARTICLE AVAILABLE FOR REVIEW IN THE CITY CLERK’S OFFICE REFERRED TO THE SPECIAL COMMITTEE ON POLICE OVERSIGHT FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 7 "BUSINESS IMPROVEMENT EXEMPTION" ORDINANCE ITEM NO. 110, C.C.P. 9/01/09 New York State Real Property Tax Law (RPTL) §485-b authorizes a partial exemption from an increase in tax liability predicated on an increase in assessed value when that increase is made pursuant to the property being "... constructed, altered, installed or improved." RPTL §485-b does not require a local option. The benefits of the legislation are available as a matter of law. The legislation does however allow for a local option to reduce the percentages of exemption. This particular 'reduction' option has not been adopted nor do I believe it is being suggested for adoption in Item 110 CCP 9101109. The City of Buffalo participates to the fullest extent allowed in the RPTL §485- b statute, a real property tax exemption given to businesses which have had their assessments increased following new construction, alteration, installation or improvement of their property. The purpose of this statute is to encourage business development. The underlying concept is that communities may invest in their future by temporarily foregoing tax revenues in order to attract new commercial and industrial development. Although not a requirement of the RPTL, I believe importing this legislation into the Charter of The City of Buffalo may well help businessmen become knowledgeable of the availability of this benefit in the future. It is a step forward in a continuing quest to our make city business friendly. We concur with this resolution and believe it will benefit the City of Buffalo and the business community. Thank you for the opportunity to comment on this resolution. If you require additional information, please do not hesitate to contact me. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE CORPORATION COUNSEL NO. 8 CLAIMS REQUIRING EXPEDITED APPROVAL The Department of Law, through this Communication, seeks the approval of your Honorable Body for the following claims and prior fiscal year invoices. Because of the timing implications attendant to said claims, the Corporation Counsel is formally requesting that your Honorable Body forego sending them to the Claims Committee, thereby extending payment by two weeks, and instead consider approving them at the September 15, 2009 Meeting of the Common Council. The specific circumstances necessitating said action is contained in the confidential write-ups that will be hand delivered to each Councilmember's Office, but is generally a result of each matter being on a time-sensitive schedule. These claims are enumerated below and intended to be voted on by Your Honorable Body separately. Litigation Cases A1. Bailey v. City of Buffalo $10,000.00 A2. Eason v. City of Buffalo $12,500.00 A3. Doe v. City of Buffalo $17,000.00 Prior Fiscal Year Invoices B1. Medlab, Inc. $10,063.00 B2. Marlin Leasing $912.00 B3. United Business Systems $ 1,112.40 B4. Coyne Textiles $ 346.41 TOTAL: $ 51,933.81 The attorneys handling said matters will be available at Caucus prior to the Council Meeting to answer any questions or concerns, your Honorable Body may have. Thank you for your kind attention to these matters. Mr. Fontana moved: That the above communication from the Department of Law, dated September 10, 2009, be received and filed; and That the Corporation Counsel be, and he hereby is authorized to pay the claims and prior fiscal year invoices as listed above. That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED AYES - 9 NOES - 0 NO. 9 CORRECTION OF PRIOR APPROVAL MOTION CONCERNING ABANDONMENT AND SALE OF 238 ONTARIO STREET) ITEM NO. 3 C.C.P. 06-09-2009 On June 6, 2009, your Honorable Body approved the abandonment and sale of the 238 Ontario Street Parking Lot (approximately 89 acres) and 817 Tonawanda Street parking lot (approximately 11 acres) to 1093 Group, LLC in the amount of THIRTY THOUSAND DOLLARS ($30,000.00). The approval motion for said action erroneously authorized the Director of Real Estate to negotiate with 1093 Group, LLC. and to report back to your Honorable Body with the outcome for final approval, a step which had already been taken, but was overlooked by the Law Department in providing the Clerk's Office with the approval motions for the June 9, 2009 meeting. As the error in the approval motion made by our Department could unnecessarily complicate the closing of the properties in question, the Law Department hereby requests that your Honorable Body formally approve the abandonment/sale of the parking lots located at 238 Ontario Street and 817 Tonawanda Street to 1093 Group, LLC. in the amount of THIRTY THOUSAND DOLLARS ($30,000). The Law Department further recommends that the Executive Director of the Office of Strategic Planning be authorized to prepare the necessary documents for the sale and transfer of title and that the Mayor be authorized to execute the same. Thank you for your kind attention to this matter. Mr. Fontana moved: That the above communication from the Department of Law, dated September 10, 2009, be received and filed; and That the abandonment and sale of 238 Ontario Street parking lot (approximately 89 acres) and 817 Tonawanda Street parking lot (approximately 11 acres) was previously approved by Item No. 3, C.C.P., June 9, 2009 and should be amended to authorize the Executive Director of the Office of Strategic Planning to prepare the necessary documents for the sale and transfer of title to 1093 Group, LLC in the amount of $30,000.00 and that the Mayor be, and he hereby is authorized to execute the same. PASSED AYES – FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RIVERA, RUSSELL, SMITH – 8 NOES – DAVIS - 1 FROM THE CITY CLERK NO. 10 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Public Works, Streets & Parks- Jeffrey Brett, Crystal Shirley, Jeffrey Tamsen Police- Ronny Blatchford, Deborah Daniel RECEIVED AND FILED. NO 11 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority RECEIVED AND FILED. NO 12 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 August 7, 2009 in the Department of Common Council Division of Masten District Office to the Position of Intern Seasonal, Open-Competitive, Flat Starting Salary of $7.25. Jamal X Webb, 56 Courtland Ave, Buffalo 14215 CERTIFICATE OF APPOINTMENT Appointment Effective September 3, 2009 in the Department of Common Council Division of South District Office to the Position of Intern V Unclassified, Exempt, Flat Starting Salary of $8.00 Sharon Johnson, 925 Delaware Ave, Buffalo 14209 CERTIFICATE OF APPOINTMENT Appointment Effective September 3, 2009 in the Department of Common Council Division of South District Office to the Position of Intern VI Unclassified, Exempt, Flat Starting Salary of $10.00 Diane Rogowski, 125 Ridgewood Dr, Buffalo 14220 NO 13 APPOINTMENTS – TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. CERTIFICATE OF APPOINTMENT Appointment Effective August 24, 2009 in the Department of Law Division of Law to the Position of Assistant Corporation Counsel I (Muni Attorney) Permanent, Non-Competitive, Minimum Starting Salary of $52,122 Melissa Hoffman, 419 Woodbridge Avenue, Buffalo 14214 CERTIFICATE OF APPOINTMENT Appointment Effective September 4, 2009 in the Department of Fire Division of Fire to the Position of Firefighter Permanent, Open- Competitive, Minimum Starting Salary of $39,879 Francis Krathaus, 44 Hartwell Rd, Buffalo 14216 Timothy Cannan, 11 Athol St, Buffalo 14220 Michael Paveljack, 62 Davey St, Buffalo 14206 John Gilmour, 185 Choate Ave, Buffalo 14220 Patrick Herbert, 140 Durant, Buffalo 14220 Jeffrey Tamsen, 42 Eugene Avenue, Buffalo 14216 Elizabeth Lewis, 146 Choate Avenue, Buffalo 14220 Brian Mcelroy, 125 Tuscarora, Buffalo 14220 John Murray, 882 Abbott Rd, Buffalo 14220 Jim Wilkinson, 83 Philadelphia St, Buffalo 14207 Michael Mcnatty, 1008 Tifft St, Buffalo 14220 Christopher Territo, 753 Parkside, Buffalo 14216 Michael Andrews, 77 East Parade, Buffalo 14211 Michael Nasca, 52 Lovering Avenue, Buffalo 14216 Timothy Creighton, 537 Downing Buffalo 14220 Christopher Wright, 319 Crowley Avenue, Buffalo 14207 Laurence McPhail, 305 Skillen Buffalo 14207 Mark Kostek, 128 Dundee St, Buffalo 14220 Mark Russell, 49 Goulding Avenue, Buffalo 14208 Robert Felschow, 241 O’Connell Avenue, Buffalo 14210 David Bannister, 66 Pierce St, Buffalo 14206 Peter Scarcello, 75 Turner Avenue, Buffalo 14220 Alex Shanahan, 46 Mckinley Pkwy, Buffalo 14220 Scott Martin, 542 Marilla, Buffalo 14220 Mike Barrett, 725 Fulton St, Buffalo 14210 Nicholas Schmidt, 49 Standish Rd, Buffalo 14216 James Riggins, 84 Richlawn Avenue, Buffalo 14215 Scott Janowski, 184 Norwood Avenue, Buffalo 14222 John Otto, 328 Southside Pkwy, Buffalo 14220 Michael Manning, 888 West Ferry St, Buffalo 14209 Adam Markel, 36 Shenanhoah Rd, Buffalo 14220 David Mackiewicz, 90 Aldrich Pl, Buffalo 14220 Ricky Pereira, 285 Starin, Buffalo 14216 Gregory Reusch, 361 Okell St, Buffalo 14220 Micah Milewski, 42 Junior Avenue, Buffalo 14210 Daniel Donovan, 158 Anderson, Buffalo 14222 Matthew Hayes, 95 Cushing Pl, Buffalo 14220 Connor Maguire, 205 Depew, Buffalo 14214 Kevin Churley, 78 Whitfield, Buffalo 14220 Philip Morgan, 97 Harding, Buffalo 14220 Gino Gatti, 12 Bidwell, Buffalo 14222 Leonard Fields, 191 Riverside, Buffalo 14207 Marques Martin, 97 Parkridge Ave, Buffalo 14215 Nicholas Wartoba, 27 Aldrich Pl, Buffalo 14220 John Smith, 61 Riley St, Buffalo 14209 Kalen Williams, 57 Theodore, Buffalo 14211 Joshua Henderson, 178 Best St, Buffalo 14209 Rafeal Suarez, 46 Courtland Avenue, Buffalo 14215 Aaron Tubbins, 374 E. Utica, Buffalo 14208 Anthony Freeman, 4 Jewett Pkwy, Buffalo 14214 Rhiannon Polakiewicz, 178 Sheffield, Buffalo 14220 Ronald Dussett, 111 Roosevelt, Buffalo 14215 Richard Morales, 181 Grote, Buffalo 14207 Sylvestre Acosta, Jr, 21 Altruria St, Buffalo 14220 Julio Esquilin, 37 West Ave, Buffalo 14201 Lakisha Willis, 154 Victoria, Buffalo 14214 Jeffrey Brett, 609 Richmond Avenue #4, Buffalo 14222 Margaret Keane, 17 Plymouth Avenue, Buffalo 14201 Jakina Grimes, 10 Hertel Avenue Apt 904, Buffalo 14207 CERTIFICATE OF APPOINTMENT Appointment Effective September 4, 2009 in the department of Fire Division of Fire to the Position of Lieutenant Permanent Promotional Minimum Starting Salary of $62,428 Dennis Gooch, 18 Stonybrook Dr, Lancaster 14086 David Mann, 56 Lyrae Dr, Getzville 14068 Martin Barrett, 51 Maryon Dr, Buffalo 14220 Ollie Williams, 340 Pratt St, Buffalo 14204 Matthew Hoare, 37 Windcroft Lane, Lancaster 14086 Vincent Muscarella, 38 Cascade Dr, Amherst 14228 John Piegay, 43 Falconcrest Lane, Orchard Park 14127 Michael Wisniewski, 36 Wing St, Buffalo 14225 Matthew Osinski, 2317 Staley Rd, Grand Island 14072 CERTIFICATE OF APPOINTMENT Appointment Effective September 4, 2009 in the department of Fire Division of Fire to the Position of Captain Permanent Promotional Minimum Starting Salary of $65,597 Thomas Reddington, 50 Clark St, Orchard Park 14127 CERTIFICATE OF APPOINTMENT Appointment Effective September 4, 2009 in the department of Fire Division of Fire to the Position of Battalion Chief Permanent Promotional Minimum Starting Salary of $71,524 Mark Morganti, 100 Kettle Run, East Aurora 14052 CERTIFICATE OF APPOINTMENT Appointment Effective September 4, 2009 in the department of Fire Division of Fire to the Position of Division Chief Permanent Promotional Minimum Starting Salary of $78,703 Patrick Britzzalaro, 41 Cushing, Buffalo 14220 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO 14 BUFFALO WATER SYSTEM MONTHLY WATER BOARD REPORT AUGUST 2009 COPY AVAILABLE FOR REVIEW IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON FINANCE NO 15 M. LOCURTO-FRANK LLOYD WRIGHT’S DARWIN D. MARTIN HOUSE COMPLEX Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council session to be held September 15, 2009. Thank you in advance for your assistance in this matter. Sincerely, MICHAEL J. LoCURTO Delaware District Councilmember REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT PETITIONS NO 16 T. BRIATICO, AGENT, USE 194 MAPLE FOR A PARKING LOT (PUB HRG 9/22/09)(EIL) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD NO 17 T. BRIATICO, AGENT, USE 203 MAPLE FOR A PARKING LOT (PUB HRG 9/22/09)(ELL) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITYPLANNING BOARD NO 18 M. GLOMB, AGENT, USE 192 PORTER AVE FOR A FREE STANDING SIGN (NO PUB HRG)(ELL) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO 19 APPT SENIOR PLANNER (PENN)(STEP 4)(BROZEK)(STRAT PLAN) (COM #11, 9/1) That the above item be the same and herby is Received and Filed. ADOPTED NO 20 APPT SENIOR AUDITOR (PERM)(THIRD STEP)(TRAUTMAN)(COMPT) (COM #17, 9/1) That the Permanent Appointment of Catherine Trautman, 250 Linwood Ave, Buffalo NY 14209, to the position of Senior Auditor, at the intermediate salary of $46,190 is hereby approved. PASSED AYES - 9 NOES - 0 NO 21 APPT JUNIOR ACCT (PERM)(SECOND STEP)(RENFROE)(COMPT) (COM #18, 9/1) That the Permanent Appointment of Jennifer Renfro, 242 Hewitt Avenue, Buffalo NY 14215, to the position of Junior Accountant, at the intermediate salary of $34,557 is hereby approved. PASSED AYES - 9 NOES - 0 NO 22 APPT SENIOR ACCT (PROV)(SECOND STEP)(RENFROE)(COMPT) (COM #19, 9/1) That the Provisional Appointment of Jennifer Renfro, 242 Hewitt Avenue, Buffalo NY 14215, to the position of Senior Accountant, at the intermediate salary of $44,834 is hereby approved. PASSED AYES - 9 NOES - 0 NO 23 APPT DEPUTY COMPTROLLER (PERM)(MAX)(FISHKIN)(COMPT) (COM #20, 9/1) That the above item be the same and herby is Received and Filed. ADOPTED NO 24 APPT PRINCIPAL ACCT (TEMP)(MAX)(WHITCOMB)(COMPT) (COM #21, 9/1) That the Temporary Appointment of Richard Whitcomb, 370 South Elmwood Avenue, Buffalo NY 14201, to the position of Principal Accountant, at the maximum salary of $63,493 is hereby approved. PASSED AYES - 9 NOES - 0 NO 25 APPT JUNIOR COLLECTION OFFICER (TEMP)(MAX)(SOKOLOWSKI)(A&F) (COM #23, 9/1) That the Temporary Appointment of Kristie Sokolowski, 87 Mckinley Pkwy, Buffalo NY 14220, to the position of Junior Collection Officer, at the maximum salary of $33,257 is hereby approved. PASSED AYES - 9 NOES - 0 NO 26 APPT CHIEF PUMPING PLANT ENGINEER (PERM)(INTER)(HOUGE JR)(PW) (COM #36, 9/1) That the Permanent Appointment of Herbert E. Houge Jr., 137 Breckenridge St., Buffalo NY 14213, to the position of Chief Pumping Plant Engineer, at the Starting salary of $38,639 is hereby approved. PASSED AYES - 9 NOES - 0 NO 27 APPT CITY FORESTER (PERM)(INTER)(BRETT)(PW) (COM #37, 9/1) That the Permanent Appointment of Jeffrey D. Brett, 609 Richmond Avenue Apt #4, Buffalo NY 14222, to the position of City Forester, at the Starting salary of $50,427 is hereby approved. PASSED AYES - 9 NOES - 0 NO 28 APPT PRINCIPAL ENGINEER (TEMP)(MAX)(GHASERNI)(PW) (COM #38, 9/1) That the Temporary Appointment of Sayed A. Ghasemi, 161 Whitehall Ave., Buffalo NY 14220, to the position of Principal Engineer at the Maximum salary of $73,252 is hereby approved. PASSED AYES - 9 NOES - 0 NO 29 NOTICES OFAPPOINTMENTS-TEMP/PROV/PERM (CTY CLK) (COM #61, 9/1) That the above item be the same and herby is Received and Filed. ADOPTED FINANCE (MICHAEL P. KEARNS, CHAIRPERSON) NO 30 BFLO MUNICIPAL WATER FINANCE AUTH BASIC FINANCIAL STATEMENTS Y/E 6/30/08 (#14, 9/1) That the above item be the same and herby is Received and Filed. ADOPTED NO 31 BFLO WATER BOARD BASIC FINANCIAL STATEMENTS Y/E 6/30/08(COMPT) (#15, 9/1) That the above item be the same and here by is Received and Filed. ADOPTED NO 32 KLEINHAN’S MUSIC HALL MANAGEMENT, INC. AGREEMENT (ITEM NO. 36, C.C.P., JULY 21, 2009) That the Mayor be, and he hereby is authorized to execute the Agreement between the City of Buffalo and Kleinhan's Music Hall Management, Inc. for the period of July 1, 2009 through July 1, 20012, with a mutual option to extend for two (2) additional one-year periods. Passed AYES - 9 NOES - 0 NO 33 ESTABLISH A CITY CORPS PARTNERSHIP BTWN COB AND WNY AMERICORPS VISTA ST ND (EXC 1AND 2RES) (#75, 4/28) That the above item be the same and herby is Received and Filed. ADOPTED COMMUNITY DEVELOPMENT (MICHAEL J. LOCURTO, CHAIRPERSON) NO 34 PENMAN-BERC REQ INFO RE GRANT APPLICATION (#73, 9/1) That the above item be the same and hereby is Received and Filed. ADOPTED NO 35 M. LOCURTO-HOMESTEAD INC REQUEST CONTRACT EXTENSION AND MODIFICATION (#63, 7/7) That the above item be the same and hereby is Received and Filed. ADOPTED NO 36 D. ALEXANDER-REQUEST REPORT CONCERNING BERC INVOLVEMENT IN ONE SUNSET (#48, 6/23) That the above item be the same and hereby is Received and Filed. ADOPTED NO 37 M. KEARNS-CONCEMS-GRASSROOTS GARDENS LEASES (#54, 6/23) That the above item be the same and hereby is Received and Filed. ADOPTED NO 38 CITY EMPLOYEES RECEIVING MULTIPLE SALARIES (ITEM NO. 3, C.C.P., JUNE 16, 2009) That this Common Council does hereby request that the following information be immediately filed with this Common Council for its review at the Common Council meeting:  Rationale for justifying the need for two (2) separate salaries for each of the positions classified as dual-employment (e.g.: for any individual employed simultaneously by the City, BURA, BERC or any agency or entity receiving City and CDBG based funding),  The Job Specifications and/or Job Duties, minimum educational, work experience and/or other pre-requisite requirements for such positions.  Sign-In/Sign-Out sheets, leave time records and/or documents evidencing the hours worked for each employer. That this Common Council hereby directs that certified copies of this resolution be directed to the City Administration, it's Departments of Human Resources, Community Services, Corporation Counsel, and Audit and Control as well as BURA, BERC and BNRC to solicit their response and filing of the information requested therein. ADOPTED. NO 39 M. LOCURTO-CDBG MONITORING REPORT-SUNSET BAR & GRILLE (#38, 6/9) That the above item be the same and hereby is Received and Filed. ADOPTED NO 40 HOMESTEADING LOTS ON BRINKMAN (ITEM NO. 60, C.C.P., MAY 26, 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 41 T. HERRERA-MISHLER-OLMSTED PARKS RESPONSE-PEACE BRIDGE EXP PROJECT (#21, 11/25) That the above item be the same and hereby is Received and Filed. ADOPTED LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRPERSON) NO 42 LANDMARK DESIGNATION - 607-611 JEFFERSON AVENUE (ITEM NO. 54, C.C.P., SEPT. 1, 2009) That after the public hearing held before the Committee on Legislation on September 8, 2009, the "607-611 Jefferson Avenue" be designated as a local historical preservation district, pursuant to Article HI, Section 337-7 through 8 of the Preservation Standards of the Buffalo City Code; and That this designation is made upon due consideration of the reports and for the reasons set forth in the reports of the Buffalo Preservation Board; and That the Secretary of the Preservation Board be, and hereby is directed to file a description of the historic district with the City Clerk, the Planning Board, the Director of 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 43 R. SASALA, PETITION TO USE 253 ALLEN, EXPAND PATIO & CREATE 4 PARKING SPACES (ITEM NO. 76, 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 the above item be recommitted to the Committee on Legislation ADOPTED NO 44 E. ROBERSON, PETITION TO USE 1242 JEFFERSON – SIGN (ITEMNO. 78, C.C.P., SEPT. 1, 2009) That after the public hearing before the Committee on Legislation on September 8, 2009, the petition or E. Roberson, owner, for permission to erect a pole sign to the front of a lot for a church at 1242 Jefferson be, and hereby is approved. PASSED AYES - 9 NOES - 0 NO 45 A. PREVITE, PETITION TO USE 136 LAKEVIEW, CREATE A SELF-SERVE LAUNDROMAT (ITEM NO. 79, 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 after the public hearing before the Committee on Legislation on September 8, 2009, the petition of A. Previte, owner, for permission to create a self-serve Laundromat in a 1 story masonry commercial building with alterations to the parking lot be, and hereby is approved. PASSED AYES - 9 NOES - 0 NO 46 T. DEJESUS, PETITION TO USE 518 NIAGARA A/K/A 520 NIAGARA - ALTER RESTAURANT/BAR TO PERMIT LIVE MUSIC & DANCING (ITEM NO. 81, 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 the above item be recommitted to the Committee on Legislation ADOPTED NO 47 J. BARLOW, PETITION TO USE 1902 NIAGARA STREET -ESTABLISH A CLOTHING STORE (ITEM NO. 82, 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 after the public heating before the Committee on Legislation on September 8, 2009, the petition of J. Barlow, owner, for permission to establish a clothing store at 1902 Niagara Street be, and hereby is approved. PASSED AYES - 9 NOES - 0 NO 48 J. POPIELA, PETITION TO USE 404 EDISON - GROUND SIGN W/L.E.D. FACES (ITEM NO. 77, C.C.P., SEPT. 1, 2009) That the petition of J. Popiela, agent, for permission to use 404 Edison for a ground sign with LED boards each side, to the front of a charter school be, and hereby is approved. PASSED AYES - 9 NOES - 0 NO 49 B. BAUMKER, PETITION TO USE 517 NIAGARA STREET - POLE SIGN (ITEM NO. 80, C.C.P., SEPT. 1, 2009) Mr. Golombek moved that the above item be recommitted to the Committee on Legislation ADOPTED NO 50 J. MEILEMAN, AGENT, USE 564 DODGE ST FOR A HSF (NO PUB HRG)(ELL) (#83, 9/1) That the above item be the same and hereby is Received and Filed. ADOPTED NO 51 REPORT OF SALE- 169 GOEMBEL (ITEM NO. 9, 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 the offer from Ms. Joyce Morrison, residing at 7536 Mill Run Road, Apartment A, Fort Wayne, Indiana 46819, in the sum of one thousand and five hundred dollars ($1,500.00) for the purchase of 169 Goembel, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES - 0 NO 52 REPORT OF SALE - 70 MILLER (ITEM NO. I0, 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 the offer from Mr. Loren D. Crowden, residing at 8445 North Main Street, Eden, in the sum of nine hundred dollars ($900.00) for the purchase of 70 Miller, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES - 0 NO 53 FOOD STORE LICENSE- 1270 CLINTON (ITEMNO. 40, 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 the above item be re, committed to the Committee on Legislation ADOPTED NO 54 FOOD STORE LICENSE - 460 ELMWOOD (ITEM NO. 41, C.C.P., SEPT. 1, 2009) 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 Charanjit Sandhur located at 460 Elmwood d/b/a Elmwood Express Minimart Inc. PASSED AYES - 9 NOES - 0 NO 55 WHOLESALE JUNK DEALER LICENSE - 49 HOPKINS (ITEM NO. 49, 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 254 of the City Code, the Commissioner of Economic Development Permit and Inspections Services be, and he hereby is authorized to grant a Wholesale Junk Dealer License to Michael Mercado dib/a 49 Hopkins Inc. located at 49 Hopkins. PASSED AYES - 9 NOES - 0 NO 56 S. MCCARTHY - REQ. HANDICAP PARKING - 595 DELAWARE AVENUE (ITEM NO. 66, C.C.P., JULY 21, 2009) (ITEM NO. 99, 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 the above item be recommitted to the Committee on Legislation. ADOPTED NO 57 FOOD STORE LICENSE- 714 WALDEN (ITEM NO. 38, C.C.P., JULY 7, 2009) (ITEM NO. 101, 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 Darwish Darwish d/b/a Danny's Convenience Store located at 714 Walden Avenue. With the following conditions: No sale of beer of alcohol PASSED AYES - 9 NOES - 0 NO 58 FOOD STORE LICENSE - 2248 MAIN (ITEM NO. 40, C.C.P., JULY 21, 2009) That the Commissioner of Economic Development, Permit & Inspections Services be, and he hereby is directed to deny the Food Store License application of Riyadh Almadrahi, located at 2248 Main Street. ADOPTED NO 59 SLAUGHTERHOUSE LICENSE - 1285 WILLIAM (ITEM NO. 24, C.C.P., JUNE 9, 2009) (ITEM NO. 99, C.C.P., JULY 7, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the above-mentioned item be and the same is hereby received and filed. ADOPTED NO 60 USED CAR DEALER LICENSE - 490 SENECA (ITEM NO. 27, C.C.P., APR. 14, 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 RESOLUTIONS NO 61 BY: MR. FONTANA AUTHORIZING RESOLUTION GROUND LEASE OF SCHOOLS, GROUND SUBLEASE OF SCHOOL AND AMENDED AND RESTATED STATE AND TRUST AGREEMENT FOR PHASE IV OF BUFFALO SCHOOLS REDEVELOPMENT PROJECT Resolution of the City of Buffalo authorizing a lease of certain educational facilities to the Erie County Industrial Development Agency and authorizing an Amended and Restated State Aid Trust Agreement to facilitate collection and deposit of state aid to education and payment of debt service on bends issued by said Agency to finance the renovation, reconstruction, equipping and furnishing of such facilities, determining the terms and conditions of such agreements, and other matters in connection therewith. WHEREAS, the Legislature of the State of New York, pursuant to Chapter 605 of the Laws of 2000, as amended by Chapter 59 of the Laws of 2003, and Chapter 421 of the Laws 0f2004 of the State, and Chapter 283 of the Laws of 2006 and Chapter 403 of the Laws of 2008, and Chapter 492 of the Laws of 2008; and Chapter 497 of the Laws of 2008, and Chapter 209 of the Laws of 2009 (the "School Act") has enacted legislation authorizing the Erie County Industrial Development Agency ("ECIDA") to finance, own, or lease educational facilities of the City of Buffalo (the "City") and the City School District of the City of Buffalo (the "School District") to be renovated or reconstructed pursuant to state law; and "WHEREAS, the City and the School District through their duly authorized agent for such purposes, the Joint School Construction Board ("JSCB"), have entered into arrangements with the ECIDA to finance various public school facilities and to assist in the acquisition, renovation, construction, reconstruction, improvement, equipping and furnishing of such public school facilities within the City in order to implement the comprehensive redevelopment of the City's public schools (the "Project"); and WHEREAS, the initial phase of Project, the leasing of school facilities related thereto, and the disposition of State Aid Revenues (hereafter defined) in connection therewith, were approved by resolution of the Common Council of the City of Buffalo on October 22, 2002 (Item 143, C.C.P. October 22, 2002); and WHEREAS, the second phase of Project, the leasing of school facilities related thereto, and the disposition of State Aid Revenues (hereafter defined) in connection therewith, were approved by resolution of the Common Council of the City of Buffalo on December 2, 2004 (Item 133, C.C.P. December 2, 2004); and WHEREAS, the third phase of Project, the leasing of school facilities related thereto, and the disposition of State Aid Revenues (hereafter defined) in connection therewith, were approved by resolutions of the Common Council of the City of Buffalo on May 29, 2007 (Item 53, C.C.P. May 29, 2007) and January 22, 2008 (Item 87, C.C.P. January 28, •2008) and February 5, 2008 (Item 89, C.C.P. February 5, 2008); and WHEREAS, the fourth phase of the Project (the "Phase IV Project") is to be located at the facilities more specifically set forth in Appendix A annexed hereto (collectively the "Facilities"), for lease to the ECIDA pursuant to a Ground Lease (Series 2009 Project) among the City, the School District and the ECIDA (the "Ground Lease"); and WHEREAS, included in the Facilities is School 84, located at 462 Grider Street, which the Common Council acknowledges is owned by the County of Erie, leased to the School District, and will be sublet to the ECIDA pursuant to a Ground Sublease (Series 2009 Project) among the School District and the ECIDA (the "Ground Sublease"); and WHEREAS, in order to finance a portion of the cost of the Phase IV Project, the ECIDA intends to issue from time to time its School Facility Revenue Bonds (City School District of the City of Buffalo Project), Series 2009 (the "ECIDA Bonds"), all pursuant to the School Act and other applicable legislation, and to secure the ECIDA Bonds with installment payments to be paid by the School District to the ECIDA pursuant to a Facilities Installment Sale Agreement (the "Facilities Agreement") between the ECIDA and the Buffalo Board 6f Education; and WHEREAS, the School District's obligation to make such installment payments to the ECIDA will be subject to annual appropriation by the State of New York and the School District and will be payable solely from the total amount of annual aid to education paid by the State of New York (the "State") to the School District and earnings on the investment thereof while in the custody of the Depository Bank under the Amended and Restated State Aid Trust Agreement, herein deemed ("State Aid Revenues"); and WHEREAS, pursuant to the State Education Law (1) the disbursement of State Aid Revenues is solely the prerogative and responsibility of the Board of Education so long as such revenue is spent for the educational purposes appropriated and within the limits of the appropriation, (2) the Board of Education shall make such classification of the funds under its management and control and the disbursements thereof as the Comptroller of the City (the "Comptroller") shall require, and (3) the Board of Education shall furnish such data in relation to such funds and their disbursements as the Comptroller shall require; and WHEREAS, the Comptroller periodically authorizes the issuance of City revenue anticipation notes in anticipation of the receipt of State Aid Revenues and the Comptroller is required by State law to provide for the set aside of State Aid Revenues to provide for repayment of such notes; and WHEREAS, the establishment and maintenance of a Amended and Restated State Aid Trust Agreement in respect of which the State Aid Revenues are to be deposited for periodic disbursement in the respective amounts necessary for payment of installment payments due under the Facilities Agreement and City revenue anticipation notes issued in anticipation of State Aid Revenues will facilitate the marketing and sale of the ECIDA Bonds secured by such lease payments; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO as follows: Section 1. The Common Council of the City hereby determines and makes appropriate legislative findings that the Project and the financing thereof by the ECIDA is beneficial for the residents of the City and will promote educational opportunities to the residents of the City. Section 2. In furtherance of the Project, the Common Council of the City hereby authorize the lease of the Facilities to the ECIDA and the sublease of School 84 by the District to the ECIDA. For the purposes of providing the terms and conditions applicable to the leasing of the Facilities to the ECIDA, the Ground Lease a form of which is attached hereto as Appendix B and made a part hereof with such changes as the Mayor of the City shall deem advisable, and the Ground Sublease a form of which is attached hereto as Appendix C and made a part hereof with such changes as the Mayor of the City shall deem advisable, be and the same is, hereby approved; and the Mayor of the City is hereby authorized and directed to execute, acknowledge and deliver the Ground Lease (and the Ground Sublease, if necessary) in the name of the City; the execution and delivery of the Ground Lease shall be conclusive evidence of due authorization and approval of by the Common Council of the City of the Ground Lease, and the execution and delivery of the Ground Sublease shall be conclusive evidence of due authorization and approval of by the Common Council of the City of the Ground Sublease. Section 3. In order to facilitate the payment by the School District installment payments under the Facilities Agreement and the marketing and sale of the ECIDA Bonds, the Common Council of the City hereby authorizes the Comptroller to direct the payment of State Aid Revenues pursuant to instructions from the Comptroller and the Superintendent of the School District delivered to the New York State Comptroller to Manufacturers and Traders Trust Company, Buffalo, New York, as depository bank (the "Depository Bank"). Such State Aid Revenues will be held by the Depository Bank in a State Aid Trust Fund and will be disbursed from such fund from time to time to pay installment payments due under the Facilities Agreement. For the purposes of providing for the terms of the collection and deposit of State Aid Revenues into the State Aid Trust Fund and the investment thereof and the disbursement of amounts held therein, the Amended and Restated Stats Aid Trust Agreement, a form of which is attached hereto as Appendix D and made a part hereof with such changes as the Mayor of the City shall deem advisable, be and the same is, hereby approved; and the Mayor of the City is hereby authorized and directed to execute, acknowledge and deliver the Amended and Restated State Aid Trust Agreement in the name of the Common Council of the City, and the execution and delivery of the Amended and Restated State Aid Trust Agreement shall be conclusive evidence of due authorization and approval of by the Common Council of the City of the Amended and Restated State Aid Trust Agreement. Section 4. The Common Council of the City and the Board of Education of the School District, along with their properly authorized agent, the JSC.B, are hereby authorized to proceed with the Phase IV Project and the Mayor of the City is hereby designated the authorized representative of the Common Council of the City and he is hereby authorized and directed to execute and deliver any and all papers, instruments, agreements, opinions, certifications, affidavits and other documents and to do and cause to be done any and all acts and things necessary or proper for the carrying out of this resolution and any instrument, agreements or other documents authorized hereby, and any prior actions taken to effectuate the Phase IV Project by the JSCB are hereby ratified. Section 5. No stipulation, obligation or agreement contained in this resolution, the Ground Lease, the Ground Sublease, the Amended and Restated State Aid Trust Agreement or any other documents executed by the City pursuant to the Ground Lease, the Ground Sublease, the Amended and Restated State Aid Trust Agreement or any agreement in furtherance hereof shall he deemed to be a stipulation, obligation or agreement of any member of the Common Council, officer, agent or employee of the City in his or her individual capacity and neither the members of the Common Council of the City nor any officer executing any of the agreements authorized by this Resolution shall be liable personally on such agreements or be subject to any personal liability or accountability by reason thereof. Section 6. This resolution shall take effect immediately upon approval of the Mayor of the City. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW PASSED AYES - 9 NOES - 0 NO 62 BY: MR. FRANCZYK NYS EPF GRANT APPLICATION 2009 FOR THE BUFFALO SCHOLASTIC ROWING ASSOCIATION'S COMMUNITY ROWING CENTER ON THE BUFFALO RIVER CITY OF BUFFALO, ERIE COUNTY • WHEREAS, the Buffalo Scholastic Rowing Association, Inc is applying to the New York State Office of Parks, Recreation and Historic Preservation (ORRHP) for a grant under the Environmental Protection Fund for a Community Rowing Center project to be located on the Buffalo River along Ohio Street, a site located within the territorial jurisdiction of this Common Council; and WHEREAS, As a requirement under the rules of these programs, said not-for-profit corporation must obtain the "approval/endorsement of the governing body of the municipality in which the project will be located". NOW, THEREFORE, be it resolved by this august body that the Common Council of the City of Buffalo hereby does approve and endorse the application of Buffalo Scholastic Rowing Association, Inc. for a grant under the Environmental Protection Fund for a water access recreational project known as Buffalo Community Rowing Center and located within this community. ADOPTED NO 63 BY: MR. FRANCZYK REWARD FUND FOR EAST SIDE FIREBOMBING WHEREAS: Earlier this month the home at 28 Barthel was firebombed in the middle of the night presumably by criminals attempting to retaliate against activists of the Eastside Redevelopment Task Force, which is fighting to get crime and drugs out of their neighborhood, as well as clean up the wider community; and, WHEREAS: The firebomb perpetrators have apparently targeted well-known activist Darnell Jackson, who is doing all he can to revitalize his East Side community; and, WHEREAS: If verified, it is unconscionable that criminal urban terrorists can be so bold as to attempt to undo all the positive work which has been done to make the Barthel Street community a safe, clean, desirable place to live, which it largely is; and, WHEREAS: The firebomb did terrible damage to the house owned by Darnell Jackson, reportedly as a vicious for Mr. "message" Jackson and his neighbors to "back off" from fighting for their neighborhood; and, WHEREAS: Although there was no one living in the house Mr. Jackson was renovating, it very easily could have had people living in it, which could have greatly endangered human life and safety; and, WHEREAS: The City of Buffalo can and never will tolerate good people being targeted by criminal thugs, and the Common Council urges the Police Department and Fire Department do continue to do all in its power to capture these perpetrators and bring them to justice; and, WHEREAS: The City will not allow criminals to intimidate anyone from saving their streets, and invites the Police and Fire Departments to report to the Common Council on this and/or other retaliatory crimes they may be investigating; and, WHEREAS: Additionally, the City currently has a reward leading to the conviction of individuals who illegally dump in Buffalo, as well as the recent gun buy back program; NOW THEREFORE BE IT RESOLVED: That the Common Council explore the possibility of creating a Reward Fund for person(s) giving information leading to the arrest and conviction of the Barthel Street fire bombers, as well as considering such a fund for certain violent crimes as they relate to intimidating or retaliating against block club organizers or organizations. BE IT FINALLY RESOLVED: That the suggestion to set such a reward fund be directed to the Law Department, Police Department, Administration and Finance, Comptroller's Office, or any other germane city department. REFERRED TO THE COMMITTEE ON LEGISLATION THE COMMISSIONER OF ADMINISTRATION AND FINANCE THE CORPORATION COUNSEL, THE COMMISSIONER OF POLICE AND THE COMPTROLLER, THE COMMISSIONER OF FIRE AND THE DEPARTMENT OF ECONOMIC DEVELOPMENT, PERMITS AND INSPECITIONS NO 64 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 Stacey Masullo Thomas Olejniczak Bernadette L. Alessi Valerie A. Young Catherine Hagner Melissa A. Kilcoyne Shauna Marrero Lynn Milligan Robyn M. Napierala Margaret Overdorf Elizabeth Scheer Jessica C. Smith Kim M. Sturm TOTAL 13 ADOPTED NO 65 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: Christine Jewitt TOTAL 1 ADOPTED NO 66 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, September 22, 2009 at 9:45 o’clock A.M. Committee on Finance Tuesday, September 22, 2009 at 10:00 o’clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, September 22, 2009 at 1:00 o’clock P.M. Committee on Legislation Tuesday, September 22, 2009 at 2:00 o’clock P.M. (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 67 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mrs. Russell, the Council adjourned at 2:20 P.M. GERALD CHWALINSKI CITY CLERK