The URL can be used to link to this page

Home My WebLink About09-0901-0728ss (2) No. 16 PROCEEDINGS OF THE CITY OF BUFFALO SEPTEMBER 1, 2009 JULY 28, 2009 SPECIAL SESSION 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 1, 2009 FINAL MAYOR 1. Submission of Monthly Report-July 2009 R&F 2- 1A. Appt to Citizens Planning Council R&F MAYOR – EXECUTIVE 3- 2. Bflo Arts Comm-Accept. of Gift-Federation of Italian American Soc of WNY R&F 4- 3. Plan Bd-Request Designation Lead Agency for 212-216 Franklin R&F 5- 4. Plan Bd-SEQR-Neg Declaration 127 Cherry St(Ell) R&F 6- 5. Plan Bd-SEQR-Neg Declaration 201 West Huron(Ell) R&F 7- 6. Plan Bd-SEQR-Neg Declaration 1460 Michigan Ave(Mas) R&F 8- 7. Plan Bd-SEQR-Neg Declaration 1470 Michigan Ave(Mas) R&F 9- 8. Strat Plan-Report of Sale 169 Goembel (Fill) LEG 10- 9. Strat Plan-Report of Sale 70 Miller (Fill) LEG 11- 10. Strat Plan-Appt Senior Planner (Perm)(Step 4)(Brozek) CS 12- 10A Strat Plan-Report of Sale-136 Best, 65 Edna, 1152 Michigan, 138 Best and 69 Edna(Ell) FIN COMPTROLLER 13- 11. Additional Information on Federal Financial Assistance FIN 14- 12. Bflo Municipal Water Finance Auth Basic Financial Statements Y/E 6/30/08 FIN 15- 13. Bflo Water Bd Basic Financial Statements Y/E 6/30/08 FIN 16- 14. Special Report-BERC and One Sunset CD 17- 15. Appt Senior Auditor(Perm)(Third Step)(Trautman) CS 18- 16. Appt Junior Acct(Perm)(Second Step)(Renfroe) CS 19- 17. Appt Senior Acct(Prov)(Second Step)(Renfroe) CS 20- 18. Appt Deputy Comptroller(Perm)(Max)(Fishkin) CS 21- 19. Appt Principal Acct(Temp)(Max)(Whitcomb) CS ASSESSMENT 22- 20. Tax Cancellation 2009-10 APP ADMINSTRATION, FINANCE, POLICY AND URBAN AFFAIRS 23- 21. Appt Junior Collection Officer(Temp)(Max)(Sokolowski) CS PUBLIC WORKS 24- 22. Adopt Resolution to Support Grant Application-LaSalle Park Imp APP 25- 23. Adopt Resolution to Support Grant Application-MLK Park Imp APP 26- 24. Change in Contract-City Wide Sidewalk Replacement APP 27- 25. Ellicott Street Gateway Project-Bflo Niag Medical Campus(Ell) APP 28- 26. Encroachment Into ROW-2253 Main St(Del) APP W/COND 29- 27. Permission to Accept Maddie’s Fund Grant Money For Animal Shelter APP 30- 28. Permission to Increase Contract Structural Evaluation Colonel Ward Complex APP 31- 29. Permission to Increase Contract-Fargo St Reconstruction (Nia) APP 32- 30. Report of Bids- MLK Jr Park (Mas) APP 33- 31. Report of Bids-Milling & Resurfacing of Sts in N. Bflo APP 34- 32. Report of Bids- South Park Ave Imp & Tifft St Enhancement Project(South) APP 35- 33. Streets Dept. Inventory-Green Machine Sidewalk Sweeper APP 36- 34. Appt Chief Pumping Plant Engineer (Perm)(Inter)(Houge Jr) CS 37- 35. Appt City Forester (Perm)(Inter)(Brett) CS 38- 36. Appt Principal Engineer(Temp)(Max)(Ghasemi) CS FIRE 39- 37. CAD-Software and Capacity/Capability Upgrade/Hardware & Software Purchase, Install and Maint APP PERMITS AND INSPECTIONS 40- 38. Food Store License (New)-1270 Clinton (Fill) LEG 41- 39. Food Store License (New)-460 Elmwood(Nia) LEG 42- 40. Food Store License (New)-2050 Niagara (North) LEG 43- 41. Food Store License (New)-514 Ontario (North) DENY 44- 42. Restaurant Dance License (Renewal) 69 W. Chippewa(Ell) APP W/COND 45- 43. Restaurant Dance License (Renewal) 2046 Fillmore (Masten) APP 46- 44. Restaurant Dance Class III-228 Franklin (Ell) APP W/COND 47- 45. Second Hand Dealer-1396 Hertel (Del) APP 48- 46. Used Car Dealer-1235 Fillmore (Mas) LEG 49- 47. Wholesale Junk Dealer-49 Hopkins (South) LEG COMMUNITY SERVICES 50- 48. Year 34 Community Development Quarterly Reports 2/1/09 – 4/30/09 CD ZONING BOARD OF APPEALS 51- 49. Results Re 930 Genesee(Fill) R&F 52- 50. Results Re 1440 Main St(Mas) R&F 53- 51. Results Re 20 Rich St(Fill) R&F FROM THE BUFFALO PRESERVATION BOARD 54- 52. Application for Landmarks/Landmark Site: 607-611 Jefferson Ave(Ell)(hrg 9/8) LEG CITY CLERK 55- 53. Auto allowance R&F 56- 54. Liquor License Applications R&F 57- 55. Reports of Attendance R&F 58- 56. Notices of Appointments-Council Interns ADOPT 59- 57. Notices of Appointments-Mayors Program R&F 60- 58. Notices of Appointment-Seasonal R&F 61- 59. Notices of Appointments- Temp/Prov/Perm CS MISCELLANEOUS 62- 60. Bflo Olmsted Parks conservancy Offer fitness Camp at Delaware Park R&F 63- 61. Bflo Water System, Monthly Operations Report-July 2009 R&F 64- 62. LP Ciminelli-Board Packet Documents August 2009 R&F 65- 63. J. Fogarty-Time Warner Cable Franchise Renewal LEG 66- 64. G. Gottlieb-NYSDOT-Response Fast speed Train at Central Terminal TRANS 67- 65. J. Kahabka-SEQR-Niagara Ice Boom Storage Project-41 Hamburg(Fill) R&F 68- 66. Jessie Ketchum Memorial Fund Annual Report R&F 69- 67. NYSDEC-Inactive Haz Waste Disposal Site-1079 Clinton St (Fill) R&F 70- 68. J. Pajak-Capital Project Funds Status FIN 71- 69. J. Pajak-Turned in Telephones R&F 72- 70. R. Pekarski-Info Monopole Tower-Verizon Wireless R&F 73- 71. D. Penman-BERC Req Info Re Grant Application CD 74- 72. D. Rivera-Req CC to Serve as Lead Agency SEQR 448 Elmwood Dev Restore NY ’09 ADOPT 75- 73. A. Thompson-Proposed Sale of Southtowns Connector-NFTA TRANS PETITIONS 76- 74. R. Sasala, Owner, Use 253 Allen, Expand Patio,Create 7 Pkg Spcs(Ell)(pub hrg 9/8)LEG, CPBD 77- 75. J. Popiela, Agent, Use 404 Edison for a Ground sign(Lov)(no pub hrg) LEG,CPBD,ZONING 78- 75A. E. Roberson, Owner, Use 1242 Jefferson Erect a Pole Sign(Ell)(pub hrg 9/8)LEG,CPBD 79- 76. A. Previte, Owner, Use 136 Lakeview, Create a Self-Serve Laundromat(Ell)(pub hrg 9/8) LEG,CPBD 80- 77. B. Baumker, Agent, Use 517 Niagara St for a Pole Sign(Ell)(no pub hrg) LEG, CPBD 81- 78. T. DeJesus, Owner, Use 518 Niagara AKA 520 Niagara Alter Restaurant/Bar to Permit Live Music & Dancing(Ell)(pub hrg 9/8) LEG,CPBD 82- 79. J. Barlow, Owner, Use 1902 Niagara-Establish a Clothing Store(hrg 9/8) LEG,CPBD 83- 80. J. Meileman, Agent, Use 564 Dodge St for a HSF(no pub hrg)(Ell) LEG,CPBD,ZONING 84- 81. S. Boumds & O-Oppose Traffic & Speeding on Sprenger Ave(Lov) LEG,PW RESOLUTIONS 107- 82. Davis Permission to Hang Banners 203 Allen St ADOPT 108- 83. Fontana Proclaiming Oct 2009 as B-A Sport Month in the COB ADOPT 109- 84. Russell Budget & Personnel Amendment-EDPI APP 110- 85. Russell Business Improvement Exemption Ordinance ST ADOPT 1 RES REM TO LEG, CC ASSMT 111- 86 Smith Bflo Olmsted Pks Conserv Grant Appl to NYS FY 09-10 Under Environmental Protection Act APP 112- 86A. Smith, etc Cover Rt 33 & Re-Imagine the Humboldt Pkwy ADOPT 113- 87. Smith Felicitation in Memorium ADOPT 114- 88. Smith Comm of Deeds Public Duties ADOPT 115- 89. Smith Comm of Deeds ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 85- 1. Com 32 July 21 Appt Teller (Perm)(Max)(Mooney)(PW) APP 86- 2. Com 56 July 21 Notices of Appointments- Temp/Prov/Perm(Cty Clk) R&F FINANCE 87- 3. Com 31 July 21 Response to Audit-Erie Basin Marina 2007 Season(PW) R&F 88- 4. No 59 July 21 J. Dudek-Eliminating Damage to City Parks PARKS O/S 89- 5. Com 7 July 7 Audit Report-Erie Basin Marina 2007 Season(Compt) R&F 90- 6. Com 8 July 7 Annual Audit Plan-FY 2009-2010(Compt) R&F 91- 7. Com 31 June 23 Agreement With Revenue Rescue Intermedix(Fire) APP 92- 8. Com 38 May 26 Status Report-Regarding Weyand St(PW) R&F COMMUNITY DEVELOPMENT 93- 9. No 82 July 7 Report of Sale 160 Orange(Ell)(Strat Plan)(#14, 5/26)(#80,6/23) APP 94- 10. No 84 July 7 Report of Sale 79 Walden (Fill)(Strat Plan)(#18, 5/26)(#56, 6/9) RECOMMIT 95- 11. No 35 June 9 M. Goff-Homesteading 214-220-230-234 East Utica R&F 96- 12. Com 11 May 26 Report of Sale 107 Burgard (Lov)(Strat Plan) R&F 97- 13. No 88 May 26 Results Neg-851 Northampton(Mas)(Strat Plan)(#10,3/17)(#53,4/28) APP LEGISLATION 98- 14. Com 43 July 21 Restaurant Dance License(Renewal)248 Allen St(Ell)(EDPI) APP W/COND 99- 15. No 66 July 21 S. McCarthy-Req for Handicap Rkg-595 Delaware Ave RECOMMIT 100-16. No 68 July 21 D. Smith-Resumes for Council Staff Position R&F 101-17. No 90 July 21 Food Store (New) 714 Walden(Lov)(EDPI)(#38,7/7) RECOMMIT 102-18. No 68 July 7 A. Haley, Agent, Use 1440 Main for a HSF(Del)(no pub hrg) R&F 103-19. No 69 July 7 T. McCann, Agent, Use 930 Genesee St for a HSF(Fill)(no pub hrg) APP 104-20. No 70 July 7 T. McCann, Agent, Use 930 Genesee St for an Outpatient Clinic(Fill)(no pub hrg)APP 105-21. No 44 May 12 K. Frizlen, Owner, Rezone 301,305,311 West Utica for Multi Family Housing, (Nia)(hrg 5/19) TABLE 106-22. No 61 Mar 3 Results Neg-83 Sussex(Mas09Strat Plan)(#11,2/3)(#57,2/17) APP CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, SEPTEMBER 1, 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 July 21, 2009 were approved FROM THE MAYOR NO. 1 SUBMISSION OF MONTHLY REPORT- JULY 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 July 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 MAYOR - EXECUTIVE DEPARTMENT NO. 2 APPOINTMENTS TO CITIZENS PLANNING COUNCIL In accordance with § 18-24 of the City Charter, I hereby appoint the following individuals as members to the Citizens Planning Council: Dominic J. Bonifacio, Jr. 492 Normal Ave Buffalo, NY 14213 Russell Maxwell 57 Tillinghast Place Buffalo, NY 14216 Adam W. Perry 50 Jewett Parkway Buffalo, NY 14214 In addition, in accordance with § 18-26 of the City Charter, I hereby designate Adam W. Perry, 50 Jewett Parkway, Buffalo, NY 14214 as Chairperson. RECEIVED AND FILED NO. 3 ACCEPTANCE OF GIFT - FEDERATION OF ITALIAN AMERICAN SOCIETIES OF WNY The Buffalo Arts Commission would like to inform this Honorable Body that the Federation of Italian American Societies of Western New York would like to donate a bronze plaque to the City of Buffalo. The Federation would like to affix this plaque to the pedestal of the Statue of David in Delaware Park. The Buffalo Arts Commission has no objection to the donation of the gift and the plan to affix it to the David. RECEIVED AND FILED FROM THE CITY PLANNING BOARD NO. 4 REQUEST DESIGNATION LEAD AGENCY FOR 212-216 FRANKLIN August 26, 2009 City of Buffalo Common Council 1413 City Hall Buffalo New York 14202 Re: 204-210 Franklin Street, 212-216 Franklin Street, The Curtis Building Restoration Type 1 -Coordinated Review Dear Councilmember's: Please be advised that the City of Buffalo Planning Board (the "Planning Board") will be reviewing a site plan/design application for the above referenced project ("the "Project"). This notice is issued pursuant to the State Environmental Quality Review Act ("SEQR"), Article 8 of the Environmental Conservation Law with its implementing regulations in 6 NYCRR Part 617, applicable to the proposed Project. It is the intent of the Planning Board to serve as SEQR lead agency for the purpose of analyzing the environmental impacts of the Project, which are described in the attached Environmental Assessment Form (EAF) prepared by the applicant. Specifically, in accordance with SEQR, the Planning Board intends to become lead Agency. We are providing you with notice of the Planning Boards intent to assume lead agency status because your agency is an involved agency with approval authority regarding the Project. Pursuant to the SEQR regulation 6 NYCRR 617.6 (c)(1), a lead agency must be designated within thirty (30) calendar days of the date of this letter. We request that your agency accept and approve the designation of the Planning Board as lead agency for this Project by signing this letter and returning it to my office at Room 901 City Hall, Buffalo, New York 14202 If you have any questions, please feel free to contact this office at (716) 851-5085. RECEIVED AND FILED NO. 5 SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION 127 CHERRY 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 Signature Development/Enrg, Inc, Building Rehabilitation Location 27 Cherry Street (Aka 125-127 Cherry Street) Type of Action: Type 1 - Coordinated Description: Signature Development Inert inc. are proposing the rehabilitation of the existing building located at 127 Cherry Street, Buffalo New York. The building is a vacant, 65,000 square feet, located in an Empire Zone. The project will include the manufacturing of critical ceramic components for clean energy systems. The ceramic technology is used in solid oxide fuel cells and gas separation membranes used to scrub coal emissions. Enrg.lnc. has been recently developing the research and development phase of their business with full scale production to begin in 2010. Their plans include to fully occupy 30,000 square feet, 15000 square feet which will be a clean room, 5000 square feet to be offices and the remaining area will be used for the production of product and storage. Enrg Inc. at the present time has 14 employees and will increase its employment to 16 over the next two years. The exterior of the building will be completely restored, including masonry cleaning/re-pointing and the restoration of the existing windows. A new parking lot is planned providing 3B spaces and a drop off loop to accommodate a new handicapped accessible building entrance with an overhead canopy. The new entrance will lead into the first floor circulation corridor, where the historic fabric will be restored along with the original Cherry Street entrance. New landscaped pedestrian walkways will extend from Cherry Street and Spring Street through the parking lot to the new entrance. The project cost is approximately 8 million dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: This project will restore a long vacant very visible building along the Kensington Expressway as well as assist with bringing a number of future new jobs to the City of Buffalo. The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851-5085 Dated: August 25.2009 RECEIVED AND FILED NO. 6 SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION 201 WEST HURON This notice is issued pursuant to Part 817 of the Implementing regulations pertaining to Article 8 (SEQR - Stats 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 par the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title 201 West Huron Street Renovation Type of Action: Unlisted- Uncoordinated Description: Carmine Woods Morris PC on behalf of The Kissling Interests, DBA "Kanendegue" Interest LLC is proposing the rehabilitation of the former hotel on the property located at 201 West Huron Street Buffalo New York, The buildings adaptive reuse will include sight market rate apartments. The project is expected to begin in October 2009 with expected occupancy to occur in late 2010. In addition to the comprehensive restoration (exterior) the building, the project Is expected to receive all new windows, masonry cleaning-re- pointing and a new roof. The project will also entail a complete reconstruction of the buildings interior, restoring many of the original corridor wails and apartment demising walls. The original central staircase and light well will be retained/restored with new code compliant clearances provided at stair landings and egress doorways. There will be one adaptable unit with its own accessible entrance in compliance with the mandates identified under the existing building code analysis. This adaptable unit is located on the first floor in the northwest quadrant, The other three first floor units each have internal stair access to the basement and living areas, The upper two floors are configured into two apartments each, one facing West Huron Street and the other in back facing the rear yard. The mar yard will be developed as a private outdoor apace for the buildings tenants. Tenant parking has been secured in the parking ramp across the street The project will be privately funded by the owner in the amount of 1,100,000 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: this project will follows for the renovation of the former Huron Hotel into market rate apartments as well as restore a building that has been vacant end in disrepair for many years. 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 Hell, Buffalo New York 14202 - 716 851-8085 RECEIVED AND FILED NO. 7 SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION 1460 MICHIGAN 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 Location Room 901, City Hall 65 Niagara Square Buffalo New York 14202 Type of Action Unlisted -Uncoordinated As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Description: Bethel CDC in conjunction with McKinley High School is proposing the construction of a new home located at 1470 Michigan Avenue Buffalo New York. The project includes the construction of a single family home built by McKinley High School Students that will be moved to the above addressed site. The ranch style home will also have their interiors completed by the students after the home is placed on the site. This project is not new to McKinley High School as they have completed a very similar project on Doyle Avenue in the Riverside Section of the City of Buffalo a number of years ago. That project was welcomed to the community by the many neighbors surrounding the property as described in the focal neighborhood newspaper. The project is privately funded in the amount of 150,000 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 wilt 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 partnership will show off the talents of the Buffalo Public School students that worked on this project as well as complete a new home on property that has been abandoned for a number of years. The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851-5085 Dated: July 28, 2009 RECEIVED AND FILED NO. 8 SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION 1470 MICHIGAN 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 Address Room 901, City Hall 65 Niagara Square Buffalo New York 14202 Type of Action Unlisted-Uncoordinated As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Description: Bethel CDC in conjunction with McKinley High School is proposing the construction of a new home located at 1470 Michigan Avenue Buffalo New York. The project includes the construction of a single family home built by McKinley High School Students that will be moved to the above addressed site. The ranch style home will also have their interiors completed by the students after the home is placed on the site. This project is not new to McKinley High School as they have completed a very similar project on Doyle Avenue in the Riverside Section of the City of Buffalo a number of years ago. That project was welcomed to the community by the many neighbors surrounding the property as described in the local neighborhood newspaper. The project is privately funded in the amount of 150,000 dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this act[on will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: This partnership will show off the talents of the Buffalo Public School students that worked on this project as well as complete a new home on property that has been abandoned for a number of years. The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to he 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 FILLED FROM THE OFFICE OF STRATEGIC PLANNING NO. 9 REPORT OF SALE 169 GOEMBEL, 132.60' S DOAT VACANT LOT: 30'X 113' ASSESSED VALUATION: $1,500.00 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Joyce Morrison, 7536 Mill Run Road, Apartment A, Fort Wayne, Indiana 46819 administrator of the estate of 165 Goembel, to purchase 169 Goembel. A family member resides at 165 Goembel which is adjacent to 169 Goembel. This property will be used for extra green space. The Division of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty-Five Cents ($.45) to Eighty Cents ($.80), per square foot. Ms. Morrison has agreed and is prepared to pay One Thousand Five Hundred Dollars ($1,500.00), Forty-Five Cents ($.45) per square foot for the subject property. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 169 Goembel to Ms. Joyce Morrison in the amount of One Thousand Five Hundred Dollars ($1,500.00). I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 10 REPORT OF SALE 70 MILLER, 685.85' N BROADWAY LOT SIZE: 35' X 97' ASSESSED VALUATION: $1,600.00 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Loren D. Crowden, 8445 North Main Street, Eden, New York 14057 to purchase 70 Miller. Mr. Crowden owns an apartment type building at 74 Miller and a vacant lot at 66 Miller, which are adjacent to 70 Miller. He intends to use the vacant lot for additional yard space for his tenants. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. Mr. Loren Crowden has commissioned Cash Cunningham, real estate appraiser, to estimate the Fair Market Value of the subject property. They have estimated the Fair Market Value to be Nine Hundred Dollars ($900.00). The City of Buffalo Appraisal Review Board has reviewed the appraisal report and concurs with the appraisers' estimate of value. Mr. Crowden has agreed and is prepared to pay Nine Hundred Dollars ($900.00) for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 70 Miller to Mr. Loren Crowden in the amount of Nine Hundred Dollars ($900.00). I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 11 CERTIFICATE OF APPOINTMENT th Appointment effective 8/03/09 in the Department of Strategic Planning to the position of Senior Planner, Step 4, Permanent at the 4 step of $47,003 Michele Brozek, 44 Brinton St, Buffalo, NY 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 12 REPORT OF SALE 136 BEST, 127.20' W MICHIGAN LOT SIZE: 30'X141' 65 EDNA 127.38’ W. MICHIGAN LOT SIZE 30’ X127’ ASSESSED VALUATION $1,500.00 ASSESSED VALUATION: $1,600.00 1152 MICHIGAN, S COR. EDNA PLACE LOT SIZE: 55' X 94' ASSESSED VALUATION: $1,000.00 138 BEST 92.20’ W. MICHIGAN LOT SIZE 33’ X 150’ ASSESED VALUATION $1,700.00 69 EDNA 94.38’ W. MICHIGAN LOT SIZE 33’ X 118’ ASSESSED VALUATION $1,600.00 (ELLICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from 1238 Group, LLC, 210 Ellicott Square, 295 Main Street, Buffalo, New York 14203 to purchase the above referenced properties. 1238 Group, LLC owns the vacant lot at 1140 Michigan and the commercial building at 1144 Michigan, which are adjacent to the subject properties. They intend to redevelop the properties and provide parking for 1144 Michigan. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. 1238 Group, LLC has commissioned KLW Group, real estate appraiser, to estimate the Fair Market Value of the subject properties. They have estimated the Fair Market Value to be Twenty Thousand Three Hundred Dollars ($20,300.00). The City of Buffalo Appraisal Review Board has reviewed the appraisal report and concurs with the appraisers' estimate of value. 1028 Group, LLC has agreed and is prepared to pay Twenty Thousand Three Hundred Dollars ($20,300.00) for the subject properties. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 136 and 138 Best, 65 and 69 Edna and 1152 Michigan to 1238 Group, LLC in the amount of Twenty Thousand Three Hundred Dollars ($20,300.00). I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMPTROLLER NO. 13 ADDITIONAL INFORMATION ON FEDERAL FINANCIAL ASSISTANCE This is to advise that a copy of the Single Audit Additional Information on Federal Financial Assistance Programs received by the City of Buffalo for the fiscal year ended June 30, 2008 has been delivered to each Councilmember, the Common Council Chief of Staff, the City Clerk, the Mayor, the Comptroller, and the Budget Office. Included therein are the Independent Auditors' Reports of Deloitte & Touche LLP for the City, Conway Porter, CPA PC for the Urban Renewal Agency and Freed Maxick & Battaglia, CPAs, PC for the Board of Education. This report is available as a public record for inspection by all interested parties. Pursuant to amendments of Section 35 of the General Municipal Law, the Common Council of the City of Buffalo may, at its discretion, prepare a written response to the report of external audit and file such response with the City Clerk as a public record for inspection by all interested parties no later than ninety days after its receipt, or November 26, 2009. REFERRED TO THE COMMITTEE ON FINANCE. NO. 14 BUFFALO MUNICIPAL WATER FINANCE AUTHORITY BASIC FINANCIAL STATEMENTS AND REQUIRED SUPPLEMENTARY INFORMATION AS OF AND FOR THE YEAR ENDED JUNE 30, 2008 This is to advise that copies of the Audited Financial Statements and Other Financial Information of the Buffalo Water Finance Authority for the year ended June 30, 2008, and Report of Independent Auditors, Deloitte & Touche, LLP, have been distributed to members of the Buffalo Municipal Water Finance Authority, the Buffalo Fiscal Stability Authority, the City Clerk, the Mayor, the Comptroller, the Division of Accounting and the Budget Office. This report is available as a public record for inspection by all interested parties. Pursuant to Section 35 of the General Municipal Law, the Common Council of the City of Buffalo may, at its discretion, prepare a written response to the report of external audit and file such response with the City Clerk as a public record for inspection by all interested persons. REFERRED TO THE COMMITTEE ON FINANCE. NO. 15 BUFFALO WATER BOARD BASIC FINANCIAL STATEMENTS AND REQUIRED SUPPLEMENTARY INFORMATION AS OF AND FOR THE YEAR ENDED JUNE 30, 2008 This is to advise that copies of the Audited Financial Statements and Other Financial Information of the Buffalo Water Board for the year ended June 30, 2008, and Report of Independent Auditors, Deloitte & Touche, LLP, have been distributed to members of the Buffalo Water Board, the Buffalo Fiscal Stability Authority, the City Clerk, the Mayor, the Comptroller, the Division of Accounting and the Budget Office. This report is available as a public record for inspection by all interested parties. Pursuant to Section 35 of the General Municipal Law, the Common Council of the City of Buffalo may, at its discretion, prepare a written response to the report of external audit and file such response with the City Clerk as a public record for inspection by all interested persons. REFERRED TO THE COMMITTEE ON FINANCE NO. 16 SPECIAL REPORT - BERC AND ONE SUNSET For your information, please review the attached Special Report on the Buffalo Economic Renaissance Corporation's financial dealings in relation to One Sunset. If you have any further questions on this matter, please feel free to contact the Department of Audit and Control. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 17 CERTIFICATE OF APPOINTMENT Appointment effective July 17, 2009 in the Department of Audit and Control, Division of Audit to the position of Senior Auditor, Permanent appointment at the third step of $46,190 Catherine Trautman, 250 Linwood Avenue Apt# 3, Buffalo, NY 14209 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 18 CERTIFICATE OF APPOINTMENT Appointment effective July 17, 2009 in the Department of Audit and Control, Division of Accounting to the position of Junior Accountant, Permanent appointment at the Second step of $34,557 Jennifer Renfroe, 242 Hewitt Ave, Buffalo, NY, 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 19 CERTIFICATE OF APPOINTMENT Appointment effective July 23, 2009 in the Department of Audit and Control, Division of Audit to the position of Senior Accountant, Provisional appointment at the second step of $44,834 Jennifer Renfroe, 242 Hewitt Ave, Buffalo, NY, 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 20 CERTIFICATE OF APPOINTMENT Appointment effective August 11, 2009 in the Department of Audit and Control, Division of Comptroller to the position of Deputy Comptroller, Permanent appointment at the maximum salary of $84,675 Darby Fishkin, 65 Nottingham Terr, Buffalo, NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 21 CERTIFICATE OF APPOINTMENT Appointment effective August 11, 2009 in the Department of Audit and Control, Division of Investment and Debt Management to the position of Principal Accountant, Temporary appointment at the maximum salary of $63,493 Richard Whitcomb, 370 South Elmwood Avenue, Buffalo, NY 14201 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 22 TAX CANCELLATION 2009-10 Adjustments on the General City Tax for 2009-10 were made on the following properties (list attached) to provide for changes due to omitted or incorrect exemptions and assessment errors. I, therefore, request that a warrant be drawn on General City Charges, Org 17221008, Obj 480101, Tax Adjustment Fund, in favor of the City for the taxes indicated on the attached list in the amount of $269,904.54. Mr. Fontana moved: That the communication from the Commissioner of Assessment and Taxation, dated July 21, 2009, be received and filed; and That the Comptroller be, and he hereby is authorized to draw a warrant on General City Charges, Org 17221008, Obj 480101, Tax Adjustment Fund, in the amount of $269,904.54 for taxes indicated on the attached list. PASSED AYES - 9 NOES - 0 FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO 23 APPT JUNIOR COLLECTION OFFICER (TEMP)(MAX)(SOKOLOWSKI) Certificate of Appointment Appointment Effective 7/24/2009 in the department of Administration, Finance, Policy & Urban Affairs Division of Treasury & Collections to the Position of Junior Collection Officer Temporary Open-Competitive Maximum Starting Salary of $33,257.00 Kristie Sokolowski, 87 McKinley Pkwy, Buffalo 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO 24 ADOPT RESOLUTION TO SUPPORT GRANT APPLICATION-LASALLE PARK IMP Adoption of Resolution to Support Grant Application to Department of State for Local Waterfront Revitalization Program Funding of LaSalle Park Improvements PRIOR COUNCIL REFERENCES: None The New York State Department of State Local Waterfront Revitalization Program LWRP encourages communities to plan for the future of their waterfronts and undertake improvement projects to implement their plans. Through the Environmental Protection Fund, monies are available for • Visioning and development of local or regional revitalization strategies • Completing or implementing a Local or Regional Waterfront Revitalization Program • Adapting to climate change • Downtown and hamlet revitalization • Preparing or implementing a local or regional watershed management plan • Urban waterfront redevelopment • Creating a blueway trail • Interpreting waterfront resources The applicant must be a municipality and the grant program requires a 50% match from the grantee. The application requires a resolution from the governing body of the applicant. The Department requests your Honorable Body to pass a resolution endorsing the application for up to $700,000 in funds to rebuild the seawall and to add a fishing pier at LaSalle Park to continue implementation of the LaSalle Park master plan. A match of at least $700,000 is proposed to come from Niagara Greenway funding, for which an application is in process to fund a new playground, picnic shelter, park amenities and entrance improvements at LaSalle Park. An additional match of $250,000 toward the seawall is available through the Army Corps of Engineers. I am recommending that your Honorable Body authorize the Mayor on behalf of the City of Buffalo to receive the grant if awarded, to utilize an interfund loan to advance funding for the grant reimbursements and to enter into contracts in order to implement the Department of State Environmental Protection Fund Local Waterfront Revitalization Program grant funding. I request that your Honorable Body further authorize the Mayor and or myself and the appropriate staff to execute and process such additional documentation as shall be necessary to facilitate the grant funding and that your Honorable Body direct the Corporation Counsel to finalize said contracts and other necessary documentation in a manner which is satisfactory to the Corporation Counsel's office. Said application is due on September 16, 2009 and must include a resolution from the governing body. In the interest of time, have taken the liberty to draft the enclosed resolution for your reference. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 27, 2009, be received and filed; and That the Common Council pass a resolution endorsing the application for up to $700,000 in funds to rebuild the seawall and to add a fishing pier at LaSalle Park to continue implementation of the LaSalle Park master plan. That the Mayor, be and he hereby is authorized to receive the grant and to utilize an interfund loan to advance funding for the grant reimbursements and to enter into contracts in order to implement the Department of State Environmental Protection Fund Local Waterfront Revitalization Program grant funding. That the Mayor, be and he hereby is further authorized to execute and process such additional documentation as shall be necessary to facilitate the grant funding and that the Corporation Counsel be and he hereby is directed to finalize said contracts and other necessary documentation, provided that: 1.) Should said grant funding be awarded, acceptance of such funding shall be contingent upon further Common Council approval; and 2.) All contracts awarded for the expenditure of said grant funding be presented to this Common Council and the Buffalo Fiscal Stability Authority for each of their approvals prior to the execution thereof. PASSED AYES - 9 NOES - 0 NO 25 ADOPT RESOLUTION TO SUPPORT GRANT APPLICATION-MLK PARK IMP Adoption of Resolution to Support Grant Application to New York State Office of Parks, Recreation and Historic Preservation for Parks Grants Funding of Martin Luther King Park Improvements The New York State Office of Parks, Recreation and Historic Preservation has issued a competitive request for proposals for Park Development and Planning for the development of parks and recreational facilities to preserve, rehabilitate or restore lands, waters or structures for park, recreation or conservation purposes and for structural assessments or planning for such projects. The application is due on September 14, 2009 and requires a resolution from the governing body of the applicant. The maximum award from the State is $600,000, which must be matched by the applicant at 25% of total project cost, or $200,000. A project in an area with >10% poverty rate will qualify for a 25% match instead of a 50% match. The Department requests your Honorable Body to pass a resolution endorsing the application for up to $600,000 in funds to continue restoration of restoration of the Humboldt Basin and the Casino in MLK Park. A match of at least $200,000 is proposed to come from capital bond funding for MLK projects and Dormitory Authority State of New York funding. The funding will be utilized for improvements at the Casino Building and pedestrian enhancements adjacent to the Humboldt Basin. See estimate attached. I am recommending that your Honorable Body authorize the Mayor on behalf of the City of Buffalo to receive the grant if awarded, to utilize an interfund loan to advance funding for the grant reimbursements and to enter into contracts in order to implement the New York State Office of Parks, Recreation and Historic Preservation Parks grant funding. I request that your Honorable Body further authorize the Mayor and or myself and the appropriate staff to execute and process such additional documentation as shall be necessary to facilitate the grant funding and that your Honorable Body direct the Corporation Counsel to finalize said contracts and other necessary documentation in a manner which is satisfactory to the Corporation Counsel's office. Said application is due on September 14, 2009 and must include a resolution from the governing body. In the interest of time, I have taken the liberty to draft the enclosed resolution for your reference. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 27, 2009, be received and filed; and That the Common Council pass a resolution endorsing the application for up to $600,000 in funds to continue restoration of the Humboldt Basin and the Casino in MLK Park. That the Mayor, be and he hereby is authorized to receive the grant and to utilize an interfund loan to advance funding for the grant reimbursements and to enter into contracts in order to implement the New York State Office of Parks, Recreation and Historic Preservation Parks grant funding. That the Mayor, be and he hereby is further authorized to execute and process such additional documentation as shall be necessary to facilitate the grant funding and that the Corporation Counsel be and he hereby is directed to finalize said contracts and other necessary documentation, provided that: 1.) Should said grant funding be awarded, acceptance of such funding shall be contingent upon further Common Council approval; and 2.) All contracts awarded for the expenditure of said grant funding be presented to this Common Council and the Buffalo Fiscal Stability Authority for each of their approvals prior to the execution thereof. PASSED AYES - 9 NOES - 0 NO 26 CHANGE IN CONTRACT-CITY WIDE SIDEWALK REPLACEMENT I hereby submit to Your Honorable Body the following unit price additions to the contract for the above named Project. This change order is necessary to complete additional tree root and hazardous locations encountered during the construction operations on a District by District basis. Contract Estimated Estimated Item Description Unit Quantity Cost See attached sheets for item descriptions & prices Existing Contract Amount $764,480.00 Increase in Contract $225,890.00 Total Contract to Date $990,370.00 I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to P & J Construction Co., Inc. from Capital Project Accounts #31310406-445100, #32311506-445100 & #30032106-445100. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 26, 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 P & J Construction Co., Inc., an increase in the amount of $225,890.00, as more fully described in the above communication~ for work relating to City-Wide Sidewalk Replacement - 2009, Group #691, C #93000474. Funds for this project are available in Capital Project Accounts #31310406-445100, #32311506-445100 & #30032106-445100. PASSED AYES - 9 NOES - 0 NO 27 ELLICOTT STREET GATEWAY PROJECT ELLICOTT DISTRICT BUFFALO NIAGARA MEDICAL CAMPUS (ITEM 32, CCP 2/21/06 AND ITEM 71, CCP 4/01/08 The Department of Public Works, Parks and Streets has played a central role in facilitating the Ellicott Street Gateway Project (the "Project") over the last three years. The Project is being funded by Federal Highway Administration (FHWA) to the extent of up to approximately $4,000,000 and by Federal Transit Authority (FTA) to the extent of up to approximately $2,400,000. Of the foregoing amounts, the City's local share is to be approximately $200,000 and $240,000 respectively. The Project involves significant improvement, upgrades and beautification of Ellicott Street in the area of the Buffalo Niagara Medical Campus with an emphasis upon improved vehicular traffic flow as well as (expanded passive and recreational) pedestrian use. The pedestrian and recreational component of the Project is to be primarily funded by FTA and improvements to be made on easement/license areas being provided for the Project to the City and Buffalo Niagara Medical Campus, Inc ("BNMC") by certain Ellicott Street medical campus stakeholder/property owners such as: 1. Kaleida Health 2. Buffalo Medical Group 3. Kevin Walk Corporation 4. Roswell Park Cancer Institute (and/or People of the State of New York and/or New York State Department of Health) 5. Oak Michigan Housing Development 6. 589 Ellicott Street, LLC In addition, pedestrian related Project improvements are slated to be placed upon one City Owned non-right of way parking property pursuant to a revocable license agreement. The Department is requesting that Your Honorable Body adopt and pass the attached Resolution in order to authorize the agreements and arrangements necessary in order to further facilitate the Project and the related FHWA/FTA funding as well as to actually bid out and implement the management and construction of the Project. Any Actual construction contracts will be brought to the Common Council (and BFSA as appropriate) for approval as the Project progresses. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 26, 2009, be received and filed; and : That the Common Council adopt and pass the attached resolution in order to authorize the agreements and arrangements necessary in order to further facilitate the Project and the related FHWA/FTA funding as well as to actually bid out and implement the management and construction of the Project. Any actual construction contracts will be brought to the Common Council (and BFSA as appropriate) for approval as the Project progresses. PASSED AYES - 9 NOES - 0 NO 28 2253 MAIN STREET; ENCROACHMENT INTO RIGHT OF WAY Mr. Timothy Kelly, Superintendent of St. Mary's School for the Deaf located at 2253 Main Street, has requested permission to encroach city right of way with a retaining wall at said address. The proposed wall would be constructed of concrete, measure 2 feet in height, and be located between the main public sidewalk and the property line. An existing wrought iron fence would be removed, restored and placed on top of the new retaining wall The Department of Public Works, Parks, and Streets has reviewed this request pursuant to Chapter 413-67 (Encroachment Regulations) of the City Charter and has no objection to Your Honorable Body authorizing the Commissioner to issue a "Mere License" for said installation provided the following conditions are met: 1. That the applicant obtain any and all other approvals and/or permits necessary. 2. That the applicant be responsible for the relocation of any existing underground utilities that is necessary. 3. That the applicant be responsible for the maintenance of the retaining wall and fencing as long as they remain within city right of way. 4. That the applicant provide this department with a construction in street bond or certificate of insurance which will indemnify and save harmless the city against any and all loss or damage arising from the construction, use or removal of said retaining wall. Mr. Fontana moved: That the above communication from the Department of Public Works, Parks and Streets dated August 19, 2009 be received and filed; and That the Commissioner of Public Works, Parks and Street be, and he hereby is authorized to issue a "mere license" to Mr. Timothy Kelly, Superintendent of St. Mary's School for the Deaf, applicant, located at 2253 Main Street, to install a retaining wall 2 feet in height which will be located between the main public sidewalk and the property line which would encroach city right-of-way at said address, subject to the conditions as listed above. PASSED AYES - 9 NOES - 0 NO 29 PERMISSION TO ACCEPT MADDIE’S FUND GRANT MONEY FOR ANIMAL SHELTER The Department of Public Works, Parks & Streets would like to request permission from Your Honorable Body to accept grant money from Maddie's Fund @ The Pet Rescue Foundation, foundation funded by Workday and People Soft Founder Dave Duffield and his wife, Cheryl. Maddie's Fund is helping to create a no-kill nation where all healthy and treatable shelter dogs and cats are guaranteed a loving home. The City of Buffalo Animal Shelter's goal in the first year of the grant is three (3) additional adoptions each month. The shelter will receive a payment of $150.00 for each baseline adoption done. The other partners have agreed to assist the shelter by allowing more transfers of animals from the shelter to their organizations each month. This will keep the number of animals at the shelter to a much more manageable number and allow better care of these animals. The grant is intended for five (5) years. The first year has been approved and the next years will be approved on the basis of how well the goals are met. Mr. Fontana moved: That the above communication from the Department of Public Works, Parks and Streets dated August 21, 2009 be received and filed; and That the Commissioner of Public Works, Parks and Street be, and he hereby is authorized to accept grant money from Maddie's Fund, The Pet Rescue Foundation, to receive a payment of $150.00 for each baseline adoption done. PASSED AYES - 9 NOES - 0 NO 30 PERMISSION TO INCREASE CONTRACT HAMILTON, HOUSTON & LOWNIE ARCHITECTS STRUCTURAL EVALUATION COLONEL WARD COMPLEX CONTRACT # 92011224 ELLICOTT DISTRICT I hereby submit to your Honorable Body the following change for this contract. Hamilton, Houston & Lownie Architects has been hired for the Architectural and Structural Evaluation of the all the buildings at Colonel Ward water treatment Complex. This increase is necessary for additional services by consultant for emergency repairs of the deteriorating exterior masonry walls and roof replacement at Colonel Ward complex which are life safety issues and need emergency attention. I certify that this increase 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 and Streets to issue said increase for $32,500.The funds are available in a Division of Water account 53210726-445100. Original Contract Amount $ 48,300.00 Previous Change Order $ 0.00 This Change Order $32,500.00 Total $80,800.00 Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 26, 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 Houston & Lownie Architects, an increase in the amount of $32,500.00, as more fully described in the above communication, for work relating to Colonel Ward Complex, C #92011224. Funds for this project are available in Division of Water account 53210726-445100. PASSED AYES - 9 NOES - 0 NO 31 PERMISSION TO INCREASE CONTRACT LIRO ENGINEERING INC. FARGO STREET RECONSTRUCTION CONTRACT # 92011274 NIAGARA DISTRICT I hereby submit to your Honorable Body the following change for this contract. LiRo Engineering Inc. is the engineering consultant for reconstruction of Fargo Street between Porter Avenue and Connecticut Street. This increase is necessary for additional services related to design of the project, including additional public information meetings, investigation of the on street parking issues, develop new horizontal alignment and revise preliminary design report. Also increasing existing consultant contract for construction and inspection services for during construction phase of the project. I certify that this increase 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 and Streets to issue said increase for $185,000. This is a Federal and State funded project with City's share of 5%. The funds are available in capital project account # 31630006-445500. Mr. Fontana moved That the Commissioner of Public Works, Parks and Streets is hereby authorized to issue Change Order #1 to LiRo Engineering, Inc. in the amount of $185,000.00 as detailed in the above communication. PASSED AYES - 9 NOES - 0 NO 32 REPORT OF BIDS MLK, JR. PARK HUMBOLDT BASIN DEMOLITION OF BASIN CONCRETE JOB #0945 MASTEN DISTRICT I advertised for on August 3, 2009, and received the following formal sealed bids for the MLK, Jr. Park, Humboldt Basin, Demolition of Basin Concrete, which were publicly opened and read on August 20, 2009. Mark Cerrone, Inc $132,224.00 P O Box 23009, Niagara Falls, NY C Destro Development $134,640.00 2255 Bailey Ave, Buffalo NY Empire Dismantlement $137,162.00 2680 Grand Island Blvd, Grand Island NY Buffalo Creek, Inc $143,514.93 11800 Rt 20A, Wales Ctr, NY D W Development $170,000.00 701 Winspear, Elma NY Scott Lawn Yard $170,210.00 5552 Townline, Sanborn NY Emerald Svcs of WNY $196,040.68 113 Cable St Buffalo NY Birch Grove Landscaping $199,200.00 P O Box 117, East Aurora, NY Titan Development $223,800.00 8534 Seman, Gasport NY WGC, Inc. submitted a bid of $108,780.00. The bid was disqualified by the City Attorney at the bid opening due to the bid bond not being signed. I hereby certify that the foregoing is a true and correct statement of all bids received and that Mark Cerrone, Inc., with a bid of One Hundred Thirty Two Thousand Two Hundred Twenty Four and 001100 Dollars ($132,224.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Parks, Parks & Streets to order the work on the basis of the low bid. Funding for this project is available in 30032106 445100 - Buildings. Mr. Fontana moved: That the above communication from the Commissioner Of Public Works, Parks and Streets dated August 26, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the MLK, Jr. Park, Humboldt Basin, Demolition of Basin Concrete, to Mark Cerrone, Inc., the lowest responsible bidder, in the amount of $132,224.00. Funds for the project are available in 30032106 445100 Buildings. PASSED AYES - 9 NOES - 0 NO 33 REPORT OF BIDS MILLING AND RESURFACING OF CITY STREETS IN NORTH BUFFALO PIN #5757.82 NORTH AND DELAWARE DISTRICTS This is to advise Your Honorable Body that I have advertised and received bids on August 25, 2009 for the above-referenced project. Only two bids were received. They are: Contractor Base Bid Total Bid Price Destro & Brothers Concrete Co., Inc. $899,825.00 $989,807.50 411 Ludington St. Buffalo, New York 14206 Concrete Applied Technologies Corp. $966,460.00 $1,063,106.00 Dba CATCO 1266 Townline Road Alden, New York 14004 I hereby certify that the lowest responsible bidder for the above project is Destro & Brothers Concrete Co., Inc. and I respectfully recommend that Your Honorable Body authorize a contract award to Destro & Brothers Concrete Co., Inc. in the amount of $989,807.50. (Base Bid of $899,825.00 + [10% unit price increases] $89,982.50 equals [Total Award] $989,807.50). The engineer's estimate for this work is $899,179.90. This project is a 95% reimbursed Federal Aid Highway Project and funds for this project will be available in our Capital Account #31780006-445100. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 26, 2009be received and filed; , and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Milling and Resurfacing of City Streets in North Buffalo, PIN #5757.82, to Destro & Brothers Concrete Co., Inc., the lowest responsible bidder, in the amount of $989,807,50 (Base Bid of $899,825.00 + [10% unit price increases] $89,982.50 equals [Total Award] $989,807.50). This project is a 95% reimbursed Federal Aid Highway Project and funds for this project are available in Capital Account #31780006-445100. PASSED AYES - 9 NOES - 0 NO 34 REPORT OF BIDS SOUTH PARK AVENUE IMPROVEMENTS & TIFFT STREET ENHANCEMENTS PROJECT PIN 5758.89 SOUTH DISTRICT This is to advise Your Honorable Body that I have advertised and received bids on August 26, 2009 for the above referenced project. The lowest three bids received were: Contractor Base Bid Total Bid Price Destro & Brothers Concrete Co., Inc $2,593,217.50 $2,852,539.25 411 Ludington St Buffalo NY 14206 Man-O-Trees $2,833,000.00 $3,116,300.00 1500 Union Rd, Ste 201 W. Seneca NY 14224 Accadia Site Contracting $2,945,103.50 $3,239,613.85 5636 Transit Rd Depew NY 14043 I hereby certify that the lowest responsible bidder for the above project is Destro & Brothers Concrete Co., Inc. and I respectfully recommend that Your Honorable Body authorize a contract award to Destro & Brothers Concrete Co., Inc in the amount of $2,852,539.25 (Base Bid of $2,593,217.50 + [10% unit price increases] $259,321.75 equals [Total Award] $2,852,539.25). The engineer’s estimate for this work is $3,328,665.00. This project is a 95% reimbursed Federal Aid Highway Project and funds for this project will be available in our Capital Account #31790006-445100. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 26, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for South Park Avenue Improvements & Tifft Street Enhancements Project, PIN #5758.89, to Destro & Brothers Concrete Co., Inc., the lowest responsible bidder, in the amount of $2,852,539.25 (Base Bid of $2,593,217.50 + [10% unit price increases] $259,321.75 equals [Total Award] $2,852,539.25). This project is a 95% reimbursed Federal Aid Highway Project and funds for this project are available in Capital Account #31780006-445100. PASSED AYES - 9 NOES - 0 NO 35 STREETS DEPARTMENT INVENTORY GREEN MACHINE SIDEWALK SWEEPER PRIOR COUNCIL REFERENCE: (IF ANY)[ The Department of Public Works, Parks & Streets would like to request permission from Your Honorable Body to add the Green Machine sidewalk machine to the inventory of the Streets Department. The sweeper had been in storage. The sweeper is a Green Machine walk- behind sidewalk sweeper diesel powered (Model #414RS; Serial #0505216). The sweeper is not street legal and will not require license plates. We appreciate your immediate consideration to this request. Mr. Fontana moved That the above communication from the Department of Public Works, Parks and Streets dated August 20, 2009 be received and filed; and That the Commissioner of Public Works, Parks and Street be, and he hereby is granted permission to add the Green Machine sidewalk sweeper (Model #414RS; Serial #0505216) to its fleet. PASSED AYES - 9 NOES - 0 NO 36 APPT CHIEF PUMPING PLANT ENGINEER (PERM)(INTER)(HOUGE 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 Appointment, Intermediate Starting Salary of $38,639 Herbert E. Hogue Jr, 137 Breckenridge St, Buffalo 14213 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO 37 APPT CITY FORESTER (PERM)(INTER)(BRETT) Certificate of Appointment Appointment Effective 8/18/2009 in the Department of Public Works, Parks & Streets Division of Water to the Position of City Forester Permanent Competitive, Intermediate Starting Salary of $50,427 Jeffrey D. Brett, 609 Richmond Ave Apt #4, Buffalo 14222 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO 38 APPT PRINCIPAL ENGINEER (TEMP)(MAX)(GHASEMI) Certificate of Appointment Appointment Effective 7/29/2009 in the Department of Public Works, Parks & Streets Division of Engineer to the Position of Principal Engineer Temporary Competitive, Maximum Starting Salary of $73,252. Seyed A. Ghasemi, 161 Whitehall Ave, Buffalo 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF FIRE NO 39 COMPUTER ASSISTED DISPATCH ("CAD") SOFTWARE AND CAPACITY/CAPABILITY UPGRADE/HARDWARE & SOFTWARE PURCHASE/INSTALLATION/MAINTENANCE The City of Buffalo Fire Department's Computer Assisted Dispatch system has been in place since at least 1995. Various alternate upgrade pathways were explored and exhausted. Upgrades are now necessary and UASI funding for the lion's share of the up-front purchase/installation is in place. Public Safety Systems Incorporated ("PSSI") has been the Fire Department's CAD system software and service provider over the last several years. In light of PSSI's proprietary interest in the software currently being used by the Fire Department CAD system and now slated for systematic upgrade, and in further light of the extreme CAD system operational disadvantages and cost increases that would be associated with a switch over to a new software funding. The actual upgrade work and associated tasks are set forth on the Statement of Work contained in the attached proposed system or another vendor as to both up-front costs and long term maintenance costs, the PSSI vendor has been appropriately determined to be a "sole source". The up-front costs associated with the upgrade are $494,100.00, the lion's share of which is payable from UASI PSSI Software Upgrade Agreement. The yearly maintenance costs associated with the software components of the CAD System upgrade are $56,400 in year one graduating to $102,710 in year five as set forth in Exhibit C to the attached PSSI Agreement, with the City having the right to terminate the maintenance arrangements at any time with or without cause. The yearly maintenance costs associated with the hardware component of the CAD System upgrade will be governed in accordance with the attached proposed agreement between the City of Buffalo and Stratus Technologies Ireland Limited (or their U.S. affiliate) with the costs for year one being included in the PSSI Agreement but the costs. Thereafter starting at approximately $10,572.00 per year under the City's agreement with Stratus. Given the limited time frame available for City's utilization of the UASI funding, the City will need to promptly take certain actions involving the CAD system upgrade in a manner which is efficient, cost effective and advantageous to the City of Buffalo. Accordingly, the Fire Department requests your Honorable Body to: 1. Grant it the specific authority to enter into the attached PSSI Agreement and the attached agreement with PSSI's hardware supplier Stratus Technologies Limited Ireland (or Stratus' U.S. affiliate) which are necessary to facilitate the CAD system upgrade and maintenance arrangements at the cost levels set forth above as delineated in the PSSI Agreement and the Stratus Agreement; 2. Authorize the and other appropriate City personnel to negotiate to finalization said agreements and other necessary documentation wherever necessary for execution and Fire Department and or other appropriate City staff to take all such steps and actions and to execute and or process such additional documentation and or modifications thereto as shall be necessary to facilitate the CAD system upgrade/installation/maintenance at the cost levels set forth in the PSSI Agreement and the Stratus Agreement; and 3. Direct the Corporation Counsel and other appropriate City personnel to negotiate to finalization said agreements and other necessary documentation wherever necessary for execution and the actual implementation of the measures contemplated above the CAD system upgrade. Mr. Fontana moved: That the above communication from the Department of Fire dated August 27, 2009 be received and filed; and That the Commissioner of Fire be, and he hereby is authorized to enter into the attached agreement with PSSI's hardware Ireland (or Stratus' U.S. affiliate) which are necessary to facilitate the CAD system upgrade and maintenance arrangements supplier Stratus Technologies Limited at the cost levels set forth in the communication. That the Corporation Counsel be and he hereby is authorized to negotiate to finalization of said agreements and other necessary documentation wherever necessary for execution and the actual implementation of the measures contemplated above for the CAD system upgrade. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW PASSED AYES - 9 NOES - 0 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO 40 FOOD STORE LICENSE (NEW)-1270 CLINTON (FILL) 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 1270 Clinton (Clinton Express) 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 41 FOOD STORE (NEW) 460 ELMWOOD (NIAGARA) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 460 Elmwood (Elmwood Express Minimart Inc.) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and 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 42 FOOD STORE (NEW) 2050 NIAGARA (NORTH) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 2050 Niagara (The Limit Spot) 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 43 FOOD STORE (NEW) 514 ONTARIO (NORTH) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 514 Ontario (Ray's Convenient Shop) 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. DENIED NO 44 RESTAURANT DANCE LICENSE (RENEWAL) 69 CHIPPEWA WEST (NORTH) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 69 West Chippewa Street for which said renewal application for a Restaurant Dance Class IV license is being sought by Paul Bonito 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 Servicesdated August 7, 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 renew a Restaurant Dancing Class IV License to Patti Bonito d/b/a Bottoms Up Inc. located at 69 Chippewa West. That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit & Inspection Services be, and he hereby is authorized to grant a Restaurant Dancing Class III License with 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 7:00 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 and the cartilage thereof to the property lines. 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 45 RESTAURANT DANCE LICENSE (RENEWAL) 2046 FILLMORE (MASTEN) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that 1 have caused an investigation into the premises located at 2046 Fillmore Street for which said renewal application for a Restaurant Dance Class III license is being sought by Curtis Drake 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 August 25, 2009, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Econ0mic Development, Permit and Inspections Services be, and he hereby is authorized to renew a Restaurant Dancing Class III License to Curtis Drake d/b/a New Golden Nugget Inc. located at 2046 Fillmore. PASSED AYES - 9 NOES - 0 NO 46 RESTAURANT DANCE CLASS III 228 FRANKLIN (ELL) Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Restaurant Dance Class III License located at 228 Franklin Street and find that as to form is correct. I have caused an investigation into the premises for which said application for a Restaurant Dance Class III license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused art investigation by the Police Department into the moral character of Kevin Ricciardelli. The attached thereto for Social (dba Social Ent Inc. 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 InspectionServices, dated August 25, 2009, s 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 Kevin Ricciardelli d/b/a Social Ent Inc. located at 228 Franklin. That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit & Inspection Services be, and he hereby is authorized to grant a Restaurant Dancing Class III License with 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 7:00 a.m. each day, aider the establishment is open for operation. This shall include the frontage of the property from its facade to the curbline and the cartilage thereof to the property lines. 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 47 SECOND HAND DEALER1396 HERTEL (DELAWARE) 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 1396 Hertel Ave 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 Kristen Webb. The attached thereto for Kristen Webb d/b/a/Webb Trading Company. 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 August 7, 2009, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspections Services be, and he hereby is authorized to grant a Second Hand Dealer License to Kristen Webb d/b/a Webb Trading Company located at 1396 Hertel Avenue. PASSED AYES - 9 NOES - 0 NO 48 USED CAR DEALER 1235 FILLMORE (MASTEN) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 1235 Fillmore and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car 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 Jaber Shadi. The attached thereto for Jaber Shadi dba/MJ Tire Shop. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO 49 WHOLESALE JUNK DEALER 49 HOPKINS (SOUTH) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Wholesale Junk Dealer License located at 49 Hopkins and find that as to form is correct, l have caused an investigation into the premises for which said application for a Wholesale Junk 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 Michael Mercado. The attached thereto for Michael Mercado d/b/a 49 Hopkins Inc. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING NO 50 YEAR 34 COMMUNITY DEVELOPMENT QUARTERLY REPORTS 2/1/09-4/30/09 Attached please find Quarterly Reports for Year 34 Community Development Block Grant funded Public Service Agencies including Fair Housing Contracts. These Community Based Organizations provide various Public Service needs though the City of Buffalo. Services include, but are not limited to Youth, Senior Citizens, Cultural Enrichment, Literacy and Special Needs (Physically or Mentally Handicapped). COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE ZONING BOARD OF APPEALS NO 51 RESULTS RECEIVED AND FILED 930 GENESEE (FILL) Catholic Charities of Buffalo 525 Washington Street Buffalo, New York 14203 RE: 930 GENESEE APPLICATION: #140681 Dear Mr. McCann: The Zoning Board of Appeals at its meeting of 7/22/09 approved your petition for a Human Service facility for nutrition and education of income eligible women and children at premises 930 GENESEE. 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 1/22/10, the Board's approval will expire and a new application will have to be made. Very truly yours, James A. Lewis III, Chairman ZONING BOARD OF APPEALS RECEIVED AND FILED NO 52 RESULTS RE 1440 MAIN ST (MAS) Alfred Halley 2671 Main Street Buffalo, New York 14214 RE: 1440 MAIN STREET APPLICATION: #140981 Dear Mr. Halley: The Zoning Board of Appeals at its meeting of 7122/09 approved your petition for a Human Service Facility for counseling services at premises t440 MAIN STREET. 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 1122/10, the Board's approval will expire and a new application will have to be made. Very Truly Yours James A. Lewis III, Chairman ZONING BOARD OF APPEALS RECEIVED AND FILED NO 53 RESULTS RE 20 RICH ST (FILL) Catholic Charities of Buffalo 525 Washington Street Buffalo, New York 14203 RE: 20 RICH STREET APPLICATION: #140984 Dear Mr. McCann: The Zoning Board of Appeals at its meeting of 7/22/09 approved your petition for a Human Service facility for a mental health outpatient clinic for adults and children 3 and up at premises 20 RICH STREET. 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 1/22/10, the Board's approval will expire and a new application will have to be made. Very truly yours, James A. Lewis III, Chairman ZONING BOARD OF APPEALS RECEIVED AND FILED FROM THE BUFFALO PRESERVATION BOARD NO 54 APPLICATIONS FOR LANDMARKS/LANDMARK SITE: 607-611 JEFFERSON AVE The Buffalo Preservation Board recommends that the attached application for City of Buffalo Local Landmark designation be approved by Buffalo Common Council. The applications were initiated and prepared by the property owner, Richard Daniels with assistance from Preservation Board staff. Mr. Daniels is in full support of the application. The applications were prepared and reviewed by the Preservation Board in accordance with Chapter 337 Article III of City Charter, and approval by Common Council is recommended. Below is the name and address of the property owner, for the purpose of public hearing notification: Richard E. Daniels 607 Jefferson Ave. Buffalo, NY 14204 REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE CITY CLERK NO. 55 AUTO ALLOWANCE I transmit herewith certificates of auto allowance submitted for the following individuals in the various departments listed below: Common Council William Licata RECEIVED AND FILED. AYES – FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RIVERA, RUSSELL - 7 NOES – DAVIS, SMITH - 2 NO. 56 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 45 W. Chippewa St Crazy Horse Spirits, Inc Christian Battaglia 943 Kensington Ave New Fountain Blue Lounge 943 Kensington Ave Inc 228 Franklin St The Panic Room Social Ent. Inc 572 Amherst St Lisa's Inc Lisa's Inc 245 Allen St Allen St Hardware Café A.S.H. Buffalo LLc 391-393 Ellicott St Buffalo Illusions Enter Inc Steven Lorenzo 84 Reiman St Airpola’s Bar & Grill Inc Zirpola’s Bar & Grill Inc 692 Fulton St Tunies Tavern James J. Szaras 2022 Seneca St Francesco’s Italian Cuisine Same 520 Elmwood Ave Mode Urban Bistro Bon Mange Importing Co Inc RECEIVED AND FILED x NO. 57 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. 58 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 July 14, 2009 in the Department of Common Council, Division of Masten District to the position of Intern IV, Seasonal, Unclassified at the flat salary of $7.25/hr Khadejaha Brewer, 28 Drexel Rd, Buffalo, NY 14214 CERTIFICATE OF APPOINTMENT Appointment effective July 16, 2009 in the Department of Common Council, Division of Masten District to the position of Intern V, Seasonal, Unclassified at the flat salary of $8.00/hr Gregory Ayers, 231 Suffolk St, Buffalo, NY 14215 CERTIFICATE OF APPOINTMENT Appointment effective July 20, 2009 in the Department of Common Council, Division of Masten District to the position of Intern V, Seasonal, Unclassified at the flat salary of $8.00/hr Jasmine Finkley, 410 Clinton St, Buffalo, NY 14204 CERTIFICATE OF APPOINTMENT Appointment effective July 20, 2009 in the Department of Common Council, Division of Fillmore District to the position of Intern V, Seasonal, Unclassified at the flat salary of $8.00/hr Krystyna Nowakowski, 63 Hallam Rd, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment effective July 20, 2009 in the Department of Common Council, Division of University District to the position of Intern IV, Seasonal, Unclassified at the flat salary of $7.25/hr Courtney Jones, 32 Ruspin, Buffalo, NY 14215 Tawnee Mckinnon, 213 E. Ferry St, Buffalo, NY 14208 Jerry Brown, 105 Huntley, Buffalo, NY 14215 Alexander C. Anderson, 72 William Price Pkwy, Buffalo, NY 14214 Jada Alston-Dennis, 182 Brunswick Blvd, Buffalo, NY 14208 CERTIFICATE OF APPOINTMENT Appointment effective July 15, 2009 in the Department of Common Council, Division of South District to the position of Intern V, Seasonal, Unclassified at the flat salary of $8.00/hr David Muldoon, 43 Alsace Ave, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment effective August 3, 2009 in the Department of Common Council, Division of Ellicott District to the position of Intern IV, Seasonal, Unclassified at the flat salary of $7.25/hr Tia Hawkins, 50 Evelyn St, Buffalo, NY 14207 CERTIFICATE OF APPOINTMENT Appointment effective August 24, 2009 in the Department of Common Council, Division of University District to the position of Intern IX, Seasonal, Unclassified at the flat salary of $11.57/hr Kathleen Harrington, 89 Milford St, Buffalo, NY 14220 NO. 59 APPOINTMENTS-MAYOR'S YOUTH OPPORTUNITY & EMPLOYMENT I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. RECEIVED AND FILED. CERTIFICATE OF APPOINTMENT Perry l Wilson, 25 Brighton, Buffalo 14212 Lavar Walker, 29 Gail, Buffalo 14215 Matthew Sullivan, 149 Colgate, Buffalo 14220 Mecca Steward, 205 Marine Drive Apt. #6, Buffalo 14202 Taylor Smith, 19 Woodlawn, Buffalo 14209 Aneric Santiago, 126 Evelyn, Buffalo 14207 Domingo Ramirez, 45 Hudson, Buffalo 14210 Angela Pritchett, 1017 Smith, Buffalo 14212 Robert Palmer, 31 Philadelphia, Buffalo 14207 Jimmy Nyaem, 50 Maryner, Buffalo 14201 Marren McParlene, 38 Eaglewood, Buffalo 14220 Tyler Martinelli, 449 Minnestoa, Buffalo 14215 Renee Martin, 39 Bennett St, Buffalo 14214 Brittany Lumadue, 148 Sterling, Buffalo 14216 Breanna Holiday, 98 Arden, Buffalo 14215 Courtney Hatten, 434 Hewitt, Buffalo 14215 Bria Green, 12 Cecil, Buffalo 14216 Kasey Elersic, 43 St Florian, Buffalo 14207 Matthew Dunford, 220 Brookside Dr, Buffalo 14220 Adrian Davis, 155 Hastings, Buffalo 14215 Carmen Davilla, 397 Grant, Buffalo 14213 Charles Cannan, 825 Tacoma, Buffalo 14216 James Baskin, 29 Tower, Buffalo 14215 Jontaya Barron, 152 Cedar, Buffalo 14215 Khole Barlow, 850 Humboldt, Buffalo 14211 Miracle Bailey, 211 E Eagle, Buffalo 14204 Charisse Austin, 633 Sherman, Buffalo 14211 Miquel Albarran, 120 Anderson 13, Buffalo 14222 Paige Banks, 224 Peach, Buffalo 14204 Eedeebari Banuna, 78 Stewart, Buffalo 14211 David Battel, 64 Fuller, Buffalo 14207 Kathleen Battel, 64 Fuller, Buffalo 14207 Latrice Beeks, 120 Jefferson, Buffalo 14204 Dallas Bell, 116 Erb, Buffalo 14215 Kayla Bell, 128 Verplancik, Buffalo 14208 Laura Bendin, 34 Greenwood, Buffalo 14213 Sara Berkemeier, 34 Greenwood, Buffalo 14213 Howard Bishop, 71 Inter Park, Buffalo 14211 Niah Bland, 41 Andover, Buffalo 14215 Taylor Branch, 551 N Oak, Buffalo 14203 Kirby Briggs, 38 Alden, Buffalo 14216 Brandon Brown, 150 Riley, Buffalo 14209 Christopher Brown, 92 Carl, Buffalo 14215 Dominique Brown, 63 Englewood, Buffalo 14214 Khaliq Brown, 103 Rebecca, Buffalo 14207 Micah Brown, 103 Rebecca Park, Buffalo 14207 Andrew Bryant, 345 Skillen, Buffalo 14207 Joshua Bryant, 303 Stockbridge, Buffalo 14215 Ingrid Burgos, 175 Chicago, Buffalo 14204 Tyshun Cameron, 253 Watson, Buffalo 14206 Marissa Cammarano, 28 Fairview, Buffalo 14210 Tiona Campbell, 326 Hoyt, Buffalo 14212 Amanda Chinn, 55 Janet, Buffalo 14215 Christian Cichon, 151 Amber, Buffalo 14220 Kayla Clark, 128 E Utica, Buffalo 14209 Jessica Conway, 224 Prospect, Buffalo 14201 Breanna Daniel, 14 Collaton, Buffalo 14207 Matthew Dunford, 220 Brookside Dr, Buffalo 14220 Joseph Glosek, 61 Turner, Buffalo 14220 Patrick Isch, 317 Woodside, Buffalo 14220 Nicholas Keith, 450 Dartmouth, Buffalo 14215 Wesley Kirksey, 206 Mulberry, Buffalo 14204 Chasen Lasalle, 45 Poultney, Buffalo 14215 Brittany Lumadue, 148 Sterling, Buffalo 14216 Dontey Torham Martin, 761 Eagle, Buffalo 14210 Robert Palmer, 31 Philadelphia, Buffalo 14207 Steven Roberts, 17 Connelly, Buffalo 14215 Patrick Spruill, 55 Lsibon Ave, Buffalo 14214 Matthew Sullivan, 149 Colgate, Buffalo 14220 Brianna Balance, 161 Briscoe, Buffalo 14211 Christopher Barleston, 141 Roosevelt, Buffalo 14215 Dimitri Campbell, 249 Pennsylvania, Buffalo 14201 Tarique Castellanos, 235 Berkshire, Buffalo 14215 Samuel Clark, 16 Pink, Buffalo 14206 Josue Class, 36 Sandrock, Buffalo 14207 Demark Evans, 139 Deerfield, Buffalo 14215 Kelsey Garrett, 23 Burnie Ln, Buffalo 14203 Jaquette Greer, 446 Wyoming, Buffalo 14215 Je’ von Ingram, 205 Hagen, Buffalo 14215 Iyanna James, 55 Hayward, Buffalo 14208 Nicholas Keith, 450 Dartmouth, Buffalo 14215 Matthew Malinowski, 711 McKinley Pkwy, Buffalo 14220 Joseph McCarthy, 86 Hamburg, Buffalo 14204 Damarius McCutcheon, 281 Langfield Dr B, Buffalo 14215 Latoya Peete, 141 Berkshire, Buffalo 14215 Kyle Pellam, 29 Norway, Buffalo 14208 Alise Peoples, 196 Crescent 9E, Buffalo 14214 Marquis Rhines, 178 Floss, Buffalo 14210 Bria Roberson, 23 Cayuga, Buffalo 14211 Justin Robertson, 402 Hewitt, Buffalo 14215 Dameyn Smith, 90 Hewitt, Buffalo 14215 Tyshawn Starks, 503 Doat, Buffalo 14211 Jahond Taylor, 209 Scoville, Buffalo 14206 Danyelle Terry, 37 Thornton, Buffalo 14215 Time Thomas, 346 Grant, Buffalo 14213 Aaron Thompson, 811 Humboldt, Buffalo 14208 Darryl Vernon, 417 Doat, Buffalo 14211 Myron Walker, 258 Cambridge, Buffalo 14215 Lynnae Williams- Flood, 2156 Main, Buffalo 14214 Aaron Wilson, 359 Millicent, Buffalo 14215 Giavanni Banks, 13 Stanton, Buffalo 14206 Michael Bradley, 23 Ericson, Buffalo 14215 Vernon Arrington, 222 Roslyn, Buffalo 14215 Bria Roberson, 23 Cayuga, Buffalo 14211 Danisha Anderson, 94 Hazelwood, Buffalo 14215 Dominique Woods, 365 Wyoming, Buffalo 14215 Terrell Leslie, 204 Humans, Buffalo 14211 Andre White, 56 Warwick, Buffalo 14215 Zaire West, 65 Hastings, Buffalo 14215 Time Thomas, 346 Grant, Buffalo 14213 Renee Summer- Smith, 50 Grape, Buffalo 14204 Kevin Southern, 800 Goodyear Hall e, Buffalo 14214 Terrence Parker, 70 Kirkpatrick Street, Buffalo 14215 Joshua Parker, 486 Norfolk, Buffalo 14215 Johnathan Parker, 115 Delmar Mitchell, Buffalo 14204 Anthony Mecca, 763 Columbus, Buffalo 14213 Jonathan Marsh, 16 Minton, Buffalo 14210 Andrew Keysor, 27 Covington, Buffalo 14216 Daryan Harris, 106 Donovan Dr, Buffalo 14211 Pinkie Davis, 171 Northampton, Buffalo 14209 Antoine Davis, 132 Drexel, Buffalo 14214 Michael Daniels, 205 Courtland, Buffalo 14215 Shannon Brinkworth, 366 Eden, Buffalo 14220 Shiniqua Billingsley, 460 Clinton apt 10, Buffalo 14204 Miquel Albarran, 120 Anderson 13, Buffalo 14222 Lasha Ryles, 67 Haven Street, Buffalo 14211 Korey David Rahrle, 63 Winspear, Buffalo 14214 Robert Palmer, 31 Philadelphia, Buffalo 14207 Dezmond McClinton, 37 Gladys Holmes Blvd, Buffalo 14204 Chartorrian Lowmack, 59 Grove, Buffalo 14207 Nadia Lewis, 16 Butler, Buffalo 14208 th Hanan Ibrahim, 48 7, Buffalo 14201 Marcos Felizola Torres, 31 Auchinvole, Buffalo 14213 Kirby Briggs, 38 Alden, Buffalo 14216 Alicia Barker- Smith, 58 Decker, Buffalo 14215 NO. 60 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 July 20, 2009 in the Department of Assessment & Taxation, to the position of Clerk, Seasonal, Appointment at the flat salary of $11.57/hr Hannah Shaw, 31 Marine Drive, Apt 10A, Buffalo, NY 14202 CERTIFICATE OF APPOINTMENT Appointment effective July 27, 2009 in the Department of Assessment & Taxation, to the position of Clerk, Seasonal, Appointment at the flat salary of $11.57/hr Lyana Luciano 247 West Ave, Buffalo, NY 14201 CERTIFICATE OF APPOINTMENT Appointment effective July 27, 2009 in the Department of Public Works, Division to the position of Clerk, Seasonal, Appointment at the flat salary of $11.57/hr Mark Czerniejewski, 108 Peters St, Buffalo, NY 14207 CERTIFICATE OF APPOINTMENT Appointment effective August 12, 2009 in the Department of Strategic Planning, Division of Real Estate to the position of Laborer II, Seasonal, Appointment at the flat salary of $11.15/hr Perry Pope, 384 cambridge Ave, Buffalo, Ny 14215 CERTIFICATE OF APPOINTMENT Appointment effective August 19, 2009 in the Department of Public Works, Division to the position of Laborer II, Seasonal, Appointment at the flat salary of $11.57/hr Anthony Clyburn, 210 Brunswick Blvd, Buffalo, NY 14208 NO 61 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. In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1of the Ordinances of the City of Buffalo, I transmit this certification of appointments or positions. I further certify that the persons named in Schedule “A” have been certified or approved by the Human resources/Civil Service for the Certificate of Appointment Appointment effective 7/29/2009 in the Department of Administration, Finance, and Urban Affairs Division of Treasury and Collections to the Position of Teller Permanent Appointment First Step Starting Salary of $32,333.52 Richard Bartolotta, 52 Kimberly, Buffalo 14220 Certificate of Appointment Appointment effective 8/10/2009 in the Department of Administration, Finance, and Urban Affairs Division of Parking Enforcement Officer to the Position of Parking Enforcement Officer Provisional Appointment Minimum Starting Salary of $30,589 Robert Aquila, 303 Whitfield Avenue, Buffalo 14220 Certificate of Appointment Appointment effective 8/31/2009 in the Department of Administration, Finance, and Urban Affairs Division of Inventory & Stores to the Position of Account Clerk Typist Temporary Non-Competitive Minimum Starting Salary of $30,829 Vivian Hall, 413 Bird Avenue, Buffalo 14213 Certificate of Appointment Appointment effective 9/8/2009 in the Department of Administration, Finance, and Urban Affairs Division of Treasury and Collections to the Position of Teller Permanent Appointment First Step Starting Salary of $32,333.52 Latease Randle, 19 Verplank St, Buffalo 14208 Certificate of Appointment Appointment effective 7/27/2009 in the Department of Audit and Control Division of Audit to the Position of Senior Auditor Temporary, Promotion, First Step Starting Salary of $43,484 Ronald L. Wachowski, 134 Weimar St, Buffalo 14206 Certificate of Appointment Appointment effective 8/3/2009 in the Department of Audit and Control Division of Audit to the Position of Junior Auditor Temporary, Appointment, Minimum Starting Salary of $33,561 Maureen J. Eck, 42 Longnecker St, Buffalo 14206 Certificate of Appointment Appointment effective 8/10/2009 in the Department of Audit and Control Division of Audit to the Position of Assistant Auditor Provisional, Appointment, Minimum Starting Salary of $37,622 Rachael Cox, 286 East St, Buffalo 14207 Certificate of Appointment Appointment effective 8/25/2009 in the Department of Audit and Control Division of Investment and Debt Management to the Position of Junior Auditor Temporary, Appointment, Minimum Starting Salary of $33,561 Anthony Misso, 115 Schiller St, Buffalo 14206 Certificate of Appointment Appointment effective 8/3/2009 in the Department of Strategic Planning Division of Planning to the Position of Senior Planning Permanent, Non-Competitive, First Step Starting Salary of $42,282 John M. Fell, 255 North Park Avenue, Buffalo 14216 Certificate of Appointment Appointment effective 8/17/2009 in the Department of Public Works Division of Streets to the Position of Laborer II Permanent, Non- Competitive Minimum Starting Salary of $29,126 Dominic Daniels, 501 Emslie Street, Buffalo 14212 Certificate of Appointment Appointment effective 8/24/2009 in the Department of Human Resources Division of Compensation & Benefits to the Position of Account Clerk Typist Provisional, Open-Competitive Minimum Starting Salary of $30,829 Adam Renzoni, 854 Abbott Rd, Buffalo 14220 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO 62 BUFFALO OLMSTED PARKS CONSERVANCY OFFER FITNESS CAMP AT DELAWARE PARK Buffalo personal trainers Daniel I. Sheff, CPT (Cosmic Fitness, LLC) and Giovanni Preziuso, CPT (Fierce Fitness), in cooperation with the Buffalo Olmsted Parks Conservancy, are pleased to announce the formation of: THE DELAWARE PARK FITNESS CAMP Tuesdays & Thursdays from 12:30 pm - 1:30 pm Now through August 13, 2009 Additional dates just added: Saturdays, August 1 and 8 from 11:30 pm – 12:30 pm This is your chance to get outside and get in better shape by participating in an hour long, twice-a-week group exercise program under the direction and supervision of certified personal trainers. Working with adults ages eighteen and over, the team will progressively improve their strength, flexibility, and range of motion. Participants are asked to bring comfortable workout clothes and sneakers, hear rate monitor (optional, but recommended), sunscreen, towel & water bottle. Showers and bathrooms are available at the parkside lodge, along with day lockers available for rent. Class will be held rain or shine and can be moved inside the Parkside Lodge in case of severe weather conditions. Delaware Fitness Camp is located near the intersection of Parkside Avenue and Route 198 (Agassiz entrance of Delaware Park). Parking available inside Delaware Park along East Meadow or Ring Roads. Pricing: 5 or more session package $17 each. Individual session or walk up $20 each. Payment can be made with cash or check and is due at the first session attended. For more information, or to register for the camp call (716) 838-127=49 ext. 11, and provide us with your name, cell phone # and email address The Delaware Park Fitness Camp mission: To help you enhance your active lifestyle by teaching you how to optimize your physical and mental well-being through education, motivation and dedication. RECEIVED AND FILED NO 63 BUFFALO WATER SYSTEM MONTHLY OPERATIONS REPORT-JULY 2009 Buffalo Water Board Chairperson: Oluwole McFoy Vice Chairperson: Donna Estrich Gerald E Kelly William R Sunderlin COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW RECEIVED AND FILED NO 64 LP CIMINELLI-BOARD PACKET DOCUMENTS AUGUST 2009 Attached are the following documents from the Joint Schools Construction Board meeting scheduled on August 3, 2009: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated July 6, 2009 3. Fully Executed Phase III Application and Certificate for Payment No. 27 - June 2009 4. Phase III Application and Certificate for Payment No. 28 - July 2009 5. Phase IV Application and Certificate for Payment No. 13 - July 2009 6. Program Packaging and Development Services (PPDS) Provider Update 7. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase III Project - June 2009 8. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase IV Project - June 2009 9. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase III- June 2009 AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW RECEIVED AND FILED NO 65 J. FOGARTY-TIME WARNER CABLE FRANCHISE RENEWAL Dear Ms. Rushton: This will respond to your letter of July 22, 2009 enclosing the above referenced resolution. Your letter was addressed to Jeffrey L. Bewkes, the Chairman of Time Warner Inc. As the City was previously advised, Time Warner Inc. has "spun-off' its ownership interest in Time Warner Cable and no longer has any ownership interest in Time Warner Cable Inc. or any of its subsidiaries includinTime Warner Cable NY Cable LLC which owns the cable system in the City of Buffalo. 8 The resolution expresses concern about the lack of progress in reaching a franchise renewal agreement. Time Warner Cable shares this concern, but disputes any implication that the lack of progress is the sole responsibility of Time Warner Cable. Discussions about a renewal began some time ago. The City's renewal proposal was first presented to Adelphia which preceded Time Warner Cable as franchisee. After assuming the franchise and reviewing the City's proposal, Time Warner Cable prepared and gave to the City a revised renewal proposal on June 01, 2007. Subsequently representatives of the City and Time Warner Cable met to discuss the renewal proposal. At the last such meeting of the City advised that, since it has been some time since the City first presented its proposal, they representatives would prepare a revised proposal and give it to Time Warner Cable which the parties could continue the negotiations. Time Warner after Cable has not yet received a revised proposal from the City. Time Warner Cable has always been willing and ready to meet with representatives of the City to discuss the renewal and we remain so. With respect to another issue which the resolution notes is still unresolved, the issue of an additional PEG Channel, Time Warner Cable has explained its position in meetings with the City and in several pieces of correspondences including a letter of October 2008 to David A. Franczyk, the President of the Buffalo Common Council. Time Warner Cable is pleased to serve the City of Buffalo. Since acquiring the system a little over three years ago, we believe we have made significant improvements in the services available to our customers including the addition of over 70 high definition channels (to increase to about 100 by year end); our "start over" service which enables subscribers who miss the starting time of a program to watch it from the beginning; significantly higher speeds for our RoadRunner high speed data service; and the availability of a VOIP voice service which now includes an option for display of a caller ID notice on the television screen. We regret we have been unable to reach agreement on the terms of a renewal, but we remain ready to work with the City of Buffalo to accomplish that goal. And in response to the request in the Resolution to appear before the Council, we would be pleased to come before the Common Council when you so advise. Very truly John Fogarty Vice President & Assistant Chief Counsel, Regulatory REFERRED TO THE COMMITTEE ON LEGISLATION NO 66 G. GOTTLIEB-NYSDOT- RESPONSE FAST SPEED TRAIN AT CENTRAL TERMINAL Dear Ms. Rushton: In response to your resolution dated July 21. 2009, we offer the following: Earlier this year, Congress passed and the President signed the American Recovery and reinvestment Act. This legislation includes $8 billion dollars in federal funds as part of our nation's commitment to a comprehensive, high-speed, intercity passenger rail network. States may apply for these competitive, discretionary grant funds and the New York State Department of Transportation (NYSDOT) will soon be submitting our first round of applications. A key component of the State's high-speed rail effort is focused on bringing High-Speed Rail across the State from Western New York to Albany and on to New York City, as detailed in the 2009 New York State Rail Plan - Strategies for a New Age. Significant federal funding is being sought to expand, enhance, and support significant improvements for intercity passenger and freight rail service in the Buffalo to Albany portion of the Empire Corridor. NYSDOT, along with both the owner of the existing tracks and right-of-way, CSX Transportation, and the existing operator of passenger rail services in this region, Amtrak, will be working together to create an Empire State Intercity Passenger Rail System. This initiative will spur revitalization and economic expansion of upstate cities, while reducing our dependence on oil and foster livable communities. If we are successful in obtaining federal funding we will need to complete a detailed multi-year implementation plan that identifies the required infrastructure investments, equipment requirements, operating costs, and funding sources. The Federal Railroad Administration, CSX Transportation, Amtrak, NYSDOT, and other vested stakeholders, including the City of Buffalo, would all be involved as we progress. Determining the future use of all existing or potential new passenger rail station locations will be an important component of these collaborative efforts. Please be assured that NYSDOT has not ruled out any potential locations for consideration as possible future sites for train stations on the Empire Corridor, including the Buffalo Central Terminal. We would be willing to attend a future meeting with the Transportation Committee of the Common Council. Please do not hesitate to call me at 716-847-3241 if you have further questions. Sincerely, Gary V. Gottlieb, P. E. Regional Planning & Program Manager REFERRED TO THE SPECIAL COMMITTEE ON PUBLIC TRANSPORTATION NO 67 J. KAHABKA-SEQR-NIAGARA ICE BOOM STORAGE PROJECT-41 HAMBURG(FILL) Dear Mr. Pajak: Please find enclosed the State Environmental Quality Review Negative Declaration Notice of Determination of Non-Significance for the proposed Niagara Ice Boom Storage site at 41 Hamburg Street, Buffalo, New York. This notice is being issued pursuant to Part 617, Article 8 [State Environmental Quality Review (SEQR) Act] of the New York State Environmental Conservation Law. The New York Power Authority (NYPA) acting as lead agency is hereby notifying all SEQR involved and interested agencies and parties of their final determination with regard to this proposed action. Please do not hesitate to contact me if you should need further information or have any questions regarding this matter. Very truly yours, John M. Kahabka Vice President Environment, Health & Safety Division RECEIVED AND FILED NO 68 JESSIE KETCHUM MEMORIAL FUND ANNUAL REPORT Ladies & Gentlemen: The Board of Trustees of the Jesse Ketchum Memorial Fund herewith submit its Annual Report to you as required by the Deed of Trust that established this fund for the awarding of prizes for excellent scholarship to the eighth grade graduates of the Buffalo Public Schools. Principals of each elementary school having an eighth grade class have submitted the names of those students who are members of the graduating class who have ranked the highest scholarship in their group. The first place received a gold flashed medal, certificate and a $1,500 check that were presented to the two students ranking highest in the entire city. The second place received a silver flashed medal, certificate and a $1,000 check. Each school winner received a bronze medal, a certificate and a $100.00 savings bond. Awards were presented at the Awards Ceremony held at West Hertel Academy. For the 2007-2008 school year a total of forty medals and certificates were awarded. A list of the winners is enclosed for your records. Also, a copy of the financial report by the Treasurer, Mr. Robert Drake, for the fiscal year 12/31/07 thru 12/31/08 is enclosed. Respectfully submitted, Mrs. Patricia S. Evans Secretary COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW RECEIVED AND FILED NO 69 NYSDEC-INACTIVE HAZ WASTE DISPOSAL SITE-1079 CLINTON ST (FILL) Inactive Hazardous Waste Disposal Site Classification Notice The Inactive Hazardous Waste Disposal Site Program (the State Superfund Program) is the State's program for identifying, investigating, and cleaning up sites where the disposal of hazardous waste may present a threat to public health and/or the environment. The New York State Department of Environmental Conservation (Department) maintains a list of these sites in the Registry of Inactive Hazardous Waste Disposal Sites (the "Registry"). The site identified above was recently reclassified on the Registry as a Class 2 (a site that presents a significant threat to public health and/or the environment). See map on other side for the location of the site. This site was previously listed as a Class 2 site from 1982 to 1987. In the past, transformers and capacitors were accepted at the site and PCB oil spillage resulted in contaminated soils and shallow groundwater. PCB-impacted rim-off reached the Buffalo Sewer Authority combined sanitary sew system. Remediation activities included treatment and on-site reuse of PCB-impacted soils, treatment of on-site shallow groundwater, and capping of the PCB contamination area. The site was reclassified as a Class 4 with continued operation of the shallow water treatment system. The existing groundwater treatment system has been inoperable since the late 1990s, the asphalt cap is in disrepair, and the responsible party has abandoned the site. The NYSDEC performed a limited site characterization study in 2006. This investigation of the site documented elevated concentrations of PCBs in groundwater and in surface soils and subsurface soils on-site. There is also the potential that contaminated runoff from the site could result in off-site migration of contaminants. In addition, PCBs have impacted on-site sumps and catch basins that are connected to the off-site sewer manholes. Since people frequenting the site may come in contact with the contaminated soil or inhale contaminated dust, the site poses a significant threat to public health and the environment. The Department will keep you informed throughout the investigation and cleanup of the site. If you own property adjacent to this site and are renting or leasing your property to someone else, please share this information with them. If you no longer wish to be on the contact list for this site or otherwise need to correct our records, please contact the Department's Project Manager listed below. FOR MORE INFORMATION Additional information about this site can be found using the Department's "Environmental Site Remediation Database Search" engine which is located on the internet at: www.dec.nv.gov/cfinx/extapps/derextemal/index.cfm?pageid=3 Comments and questions are always welcome and should be directed as follows: Project Related Questions Health Related Questions EugeneMelnyk Cameron O'Conner NYS Department of Env. Conservation New York State Department of Health Region 9 Headquarters 582 Delaware Avenue 270 Michigan Avenue Buffalo, NY 14202 Buffalo, NY 14203 (716) 847-4385 (716) 851-7220 cho01@health.state.ny.us ewmelnyk@gw.dec.state.ny.us The Department is sending you this notice in accordance with Environmental Conservation Law Article 27, Title 13 and its companion regulation (6 NYCRR 375-2.7(b)(6)(ii)) which requires the Department to notify all parties on the Contact list for this site of this recent action. RECEIVED AND FILED NO 70 J. PAJAK-CAPITAL PROJECT FUNDS STATUS Capital Project Funds Status Dear Mr. Chwalinski, Please file the attached document for the upcoming Common Council Session to be held on September 1,2009. Thank you in advance for your assistance in this matter. Dear Mayor Brown: Pursuant to Section 20-21 of the Charter and Code of the City of Buffalo, New York (Erie County), I am submitting to you an estimate and report of the City's capital debt and capital improvement program for use in the development of the 2010 Capital Improvement Budget. I. STATUS OF BOND ACCOUNTS Attachment A lists the details as unaudited of all open capital projects, expenditures, encumbrances and project balances incurred for each project. The current budgeted amount of the outstanding capital projects as of June 30, 2009 totals $479,447,533 for both the City and the School District, of which $45,453,332 has been encumbered, $348,829,446 expended with an available balance of $85,164,757. This list of projects should be reviewed for any project that has been completed and can be closed out. When notified by your department heads, my office will prepare the necessary communications to close out the project account. We respectfully request that your department heads provide such communications to us no later than September 2, 2009. It. AUTHORIZED I UNISSUED Attachment B lists the capital projects that are authorized and unissued through June 30, 2009; that is, these projects have an authorized bond resolution but have not been included as part of any bond sale. The projects that are authorized and unissued as of June 30, 2009 total $7,983,856 for both the City and the CSD. If any projects on this list are no longer Viable, please notify my office and we will initiate the process to rescind the projects. We respectfully request that we be notified of any rescissions no later than September 2, 2009. Ill. STATEMENT OF DEBT CONTRACTING POWER The City's Statement of Debt Contracting Power, Attachment C, identifies that the City is $261,417,935 beneath its debt-ceiling limit at July 1, 2009. The net indebtedness of the City has declined $14,212,836 from July 1, 2008. The policy to only issue essential capital debt has improved our capacity to issue future debt as the need arises. . Collectively, the status of the bond accounts, the status of authorized yet unissued bond resolutions and the City's statement of debt contracting power gives a good sense of the status of the City's current debt obligations. Substantial progress has been made in managing the City's debt burden, but only through the management of, and discipline imposed on these three components can the City further improve and manage its indebtedness and its financial future. IV. COMMON COUNCIL'S 2009 CALENDAR YEAR CAPITAL BUDGET Attachment D represents the list of projects included in the 2009 Calendar Year Capital Budget. The original Budget totaled $22,877,396. Bond sale proceeds totaling $31,022,000 were received on July 9, 2008. Bond sale proceeds totaling $25,034,000 were received on June 30, 2009. Both bond sale proceeds were received in the 2008-2009 fiscal year. The 2009 sale amount includes $21,940,000 from the 2009 Capital Budget. Bond proceeds were received during fiscal year 2008-2009, on June 30, 2009. V. CURRENT OUTSTANDING INTERFUND LOANS As of June 30, 2009, there are no outstanding Inter-fund loans. Vl. BOND RESOLUTION STATUS As of June 30, 2009 there are no bond resolutions that have been submitted to the Common Council for Capital Projects that have not been approved. VII. NEXT FIVE YEARS We must continue to maintain the course of controlling capital spending established by the Capital Budget/Debt Management Policy instituted in June of 2000. In accordance with my Capital Budget/Debt Management Policy, the following table represents the proposed amount of debt for funding city capital projects I am prepared to issue during the next five calendar years. 2010 22,700,000 2011 22,300,000 2012 22,000,000 2013 21,900,000 2014 22,300,000 Considering the fact that the Joint Schools Construction Board has issued debt in the aggregate amount of $843.6 million, as of June 30, 2009, for the renovation of various schools, the debt issued by the City on behalf of the Board of Education should be minimal in future years. 2010 4,900,000 2011 5,000,000 2012 5,400,000 2013 5,800,000 2014 6,000,000 In summary, we must continue to take a managed and disciplined approach towards reducing capital debt and limiting our capital improvements budget. In addition, I would encourage both the City and the School District to give priority to projects which are eligible for reimbursement and that these projects be structured to maximize their eligibility for reimbursement from New York State or the Federal government. I look forward to working with you and your administration as well as the Common Council in preparing a 2010 Capital Improvement Budget that reflects our fiscal realities and our continued need for disciplined capital budgeting. Sincerely, Andrew A. Sanfilippo Comptroller COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON FINANCE NO 71 J. PAJAK –TURNED IN TELEPHONES Dear Mr. Chwalinski, On August 6, 2009, Council Staff office turned in the following telephones to the Department of Management Information Systems in conjunction with the transition to the VOIP telephone system: TYPE MODEL No. QUANTITY Aastra Telecom 8004 1 Toshiba DKT2020-SD 1 Toshiba DKT 2020-S 7 Toshiba DKT3210-SD 2 Please file this document for the upcoming Common Council session to be held September 1,2009 so the matter is on record. Thank you in advance for your assistance in this matter. Sincerely, James S. Pajak Chief of Staff RECEIVED AND FILED NO 72 R. PEKARSKI-INFO MONOPOLE TOWER-VERIZON WIRELESS Verizon Wireless Miller Avenue Site Ruhland Avenue City of Buffalo, Erie County, NY 14211 To Whom It May Concern: In 2005, the Federal Communications Commission (FCC) revised the Nationwide Programmatic Agreement (NPA) regarding the effects of new telecommunications towers on historic properties as defined in Section 106 of the National Historic Preservation Act (NHPA). Section V of the NPA requires local government notification as part of Section 106 of the National Historic Preservation Act [NHPA), as amended, consultation process for new tower sites. This letter serves as the applicant’s written notification to the local government having primary land use jurisdiction where the proposed site is located. Verizon Wireless (Verizon) proposes to build an approximately 100' monopole tower with 10' high lightning rod at the Miller Avenue site in Erie Count. Verizon also proposes to build an equipment shelter to house all necessary mechanical and electrical equipment. The site is in a vacant lot adjacent to Conrail Railroad tracks in the City of Buffalo, New York. Less than one-half acre of ground will be disturbed for this project. The project site has been highlighted on the portion of the USGS Buffalo NE Sheet (attached) tor your review. In addition, the NPA requires that a written notice be provided to the public of the planned telecommunications tower. Please post a copy of this letter in a public area. Public comments on the proposed tower site may be provided to: Randy Pekarski, (716) 856-5636 xl 189. Please note that this letter is just a notification of Verizon's intentions and that they intend to file for all necessary permits with the City of Buffalo when appropriate. Thank you in advance for your anticipated cooperation, Yours truly URS Corporation Randy S. Pekarski Urban Planner RECEIVED AND FILED NO 73 D. PENMAN-BERC REQ INFO RE GRANT APPLICATION Dear Councilmember LoCurto, As you know, I was recently appointed by the Board of the Buffalo Economic Renaissance Corporation (BERC) to serve as its Interim President and while I look forward to an improved delivery system for that Corporation, I must first deal with concerns of The Department of Housing and Urban Development and it's Inspector General over the past practices and procedures of the Corporation in the approval process of grants and loans made by the Corporation. I am presently reviewing the files concerning One Sunset and have noted in the files information that suggests the first contact with BERC concerning their grant application was by your office, seeking aid for the restaurant. I understand the owner, while approved by BERC for that aid, subsequently declined the grant, which was fortunate, as channeling block grant funds to specific council districts may violate the rules and regulations of the U.S. Department of Housing and Urban Development (HUD) Under the Community Development Block Grant program. This is a missing piece to the puzzle for me and I would greatly appreciate your thoughts, or any correspondence or email you may have in your files on the matter. With the impending investigation by the HUD Inspector General, I am sure you understand the position I am in to ensure we are all thoroughly prepared in advance. I anticipate that the Inspector General may question this and other allocations by council members. I have promised HUD the full cooperation of BERC in their audit of the Corporation. With this request, please understand my sincere desire to ensure you the courtesy of informing you that, as a party implicated in correspondence contained in our files concerning the One Sunset matter, that I anticipate the Inspector General may want to interview you or your staff as to your knowledge related to this transaction. A written reply to this correspondence is greatly appreciated and I look forward to working with you productively over the course of my service to the City of Buffalo. Sincerely Dennis Penman Interim President Buffalo Economic Renaissance Corporation REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 74 D. RIVERA-REQ CC TO SERVE AS LEAD AGENCY SEQR Lead Agency Designation, 448 Elmwood Development, Restore NY '09 The Frizlen Group proposes to undertake the construction of a three story, 4,500 sq. ft. mixed use residential/commercial building at the northwest comer of Elmwood Avenue and Bryant Street. The project will involve the demolition of an existing, vacant former KFC restaurant building at 448 Elmwood Ave. The City of Buffalo has applied for funding to the Empire State Development Corp., under the Restore NY '09 Program, to finance the demolition of the structure. Prior to the implementation of the above-referenced project, the requirements of the New York State Environmental Quality Review Act (SEQR) must be satisfied. The project, as defined under SEQR, is a" Type I Action" for which the completion of a coordinated environmental assessment is required. In accordance with Section 617.6 of the regulations, an agency responsible for determining the effect of this action on the environment must be designated from the involved agencies. The Buffalo Common Council proposes to act as the SEQR Lead Agency for this project. The Council will communicate this request to the Empire State Development Corp. for their consent. The project environmental assessment form is set forth below. ADOPTED NO 75 A. THOMPSON-PROPOSED SALE OF SOUTHTOWNS CONNECTOR-NFTA Proposed Sale of Southtowns Connector by Niagara Frontier Transportation Authority Dear Governor Paterson Dear Governor Paterson: I am writing to request that you intervene and stop the proposed sale of the Southtowns fight of way. This route consists of 1.6 miles of former Delaware, Lackawanna and Western tracks purchased for $216,000 in 1988 from Conrail. It has been held in anticipation of providing rail service between Buffalo and Lackawanna, Hamburg and other municipalities south of the City. As can be clearly seen from the bankruptcy of US automakers and the looming climate change crisis, the future of transportation is in fuel efficiency, and mass transit is one of the most efficient ways to get around in Western New York. To throw away a rail corridor at this point in history is penny wise and pound-foolish. There have been a string of local decisions by state agencies that are roundly and regularly criticized in the local press and in local taverns, barbershops and kitchens. Among the most prominent is the decision to locate UB in Amherst, far from the urban core. The decision to sell a prime rail corridor on the eve of our nation's transition to a green transportation future will likely be seen in a similar light, and is already recognized as disastrous by most of those who are aware of this decision. It is my understanding that bids were recently accepted for this right of way. I urge you to act quickly to stop this process immediately, and propose that a legitimate community consensus be developed on the future of rail transportation before any further sales are contemplated. Thank you for your kind attention to this matter. Sincerely, Antoine M. Thompson th New York State Senate, 60District REFERRED TO THE SPECIAL COMMITTEE ON TRANSPORTATION PETITIONS NO 76 R. SASALA, OWNER, USE 253 ALLEN, EXPAND PATIO & CREATE 4 PARKING SPACES (EIL)(PUB HRG 9/8/09) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO 77 J. POPIELA, AGENT, USE 404 EDISON FOR A GROUND SIGN WITH LED FACES (NO PUB HRG)(LOV) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS NO 78 E. ROBERSON, OWNER, USE 1242 JEFFERSON ERECT A POLE SIGN (PUB HRG 9/8/09)(ELL) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD NO79 A. PREVITE, OWNER, USE 136 LAKEVIEW, CREATE A SELF-SERVE LAUNDROMAT (ELL)(PUB HRG 9/8/09) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO 80 B. BAUMKER, AGENT, USE 517 NIAGARA ST FOR A POLE SIGN (NO PUB HRG)(ELL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO 81 T. DE JESUS, OWNER, USE 518 NIAGARA AKA 520 NIAGARA ALTER RESTAURANT/BAR TO PERMIT LIVE MUSIC & DANCING (EII)(PUB HRG 9/8/09) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO 82 J. BARLOW, OWNER, USE 1902 NIAGARA -ESTABLISH A CLOTHING STORE (PUB HRG 9/8/09) (NORTH) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD NO 83 J. MEILEMAN, AGENT, USE 564 DODGE ST FOR A HSF (NO PUB HRG) (ELL) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS NO 84 OPPOSE TRAFFIC & SPEEDING ON SPRENGER AVENUE We the undersigned residents of Sprenger Ave are opposed to the high volume of traffic along with speeding. This posses a safety concern to our community. Therefore we are recommending that Sprenger Ave if possible becomes a one-way street from Genesse to Doat, to slow down some of the speeding. We would appreciate your cooperation by reviewing and responding to our concerns. Thank you COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS PARKS AND STREETS REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO 85 APPT TELLER (PERM)(MAX)(MOONEY)(PW) (CCP# 32, 7/21) Mrs. Russell moved: That Communication 32 of July 21 9, 2009 be received and Filed and that the Permanent Appointment of Lori A. Mooney, 126 Taunton St, Buffalo, NY 14216 at he Maximum Salary of$35,111.00 is hereby approved. PASSED AYES - 9 NOES - 0 NO 86 NOTICES OF APPOINTMENTS-TEMP/PROV/PERM (CTY CLK) CCP# 21, 7/28 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (MICHAEL P. KEARNS, CHAIRMAN) NO 87 RESPONSE TO AUDIT ERIE BASIN MARINA 2007 SEASON (PW) CCP# 31, 7/28 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPTED NO 88 J. DUDEK-ELIMINATING DAMAGE TO CITY PARKS CCP# 59, 7/21 Mr. Kearns moved That the above item be the same and hereby is Referred to the Special committee on Parks Oversight ADOPTED NO 89 AUDIT REPORT ERIE BASIN MARINA 2007 SEASON(COMPT) CCP# 7,7/7 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPTED NO 90 ANNUAL AUDIT PIAN-FY 2009-2010 (COMPT) CCP# 8, 7/7 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPTED NO 91 AGREEMENT WITH REVENUE RESCUE INTERMEDIX (ITEM NO. 31, C.C.P., JUNE 23, 2009) That the Commissioner of Fire be, and he hereby is authorized to enter into an agreement with Revenue Rescue Intermedix, 425 Round Rock West, Round Roc, Texas 78681 to handle the invoicing for the fire rescue/cost recovery services for the Buffalo Fire Department. PASSED AYES - 9 NOES - 0 NO 92 STATUS REPORT REGARDING WEYAND ST (PW) CCP# 38, 5/26 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (MICHAEL J. LOCURTO, CHAIRMAN) NO 93 REPORT OF SALE- 160 ORANGE (ITEM NO. 14, C.C.P., MAY 26, 2009) (ITEM NO. 82, C.C.P., JULY 7, 2009) That the offer from Mr. Allen E. Armstrong, residing at 158 Orange, in the sum of One Thousand and Five Hundred Dollars ($1,500:00) for the purchase of 160 Orange, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Executive Director, Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. PASSED AYES - 9 NOES - 0 NO 94 REPORT OF SALE - 79 WALDEN (ITEM NO. 18, C.C.P., MAY 26, 2009) (ITEM NO. 84, C.C.P., JULY 7, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved that the above item be recommitted to the Committee on Community Development ADOPTED NO 95 M. GOFF-HOMESTEADING 214-220-230-234 EAST UTICA (#35, 6/9) That the above item be the same and herby is Received and Filed. ADOPTED NO 96 REPORT OF SALE 107 BURGARD (LOV)(STRAT PLAN) (# 11,5/26) That the above item be the same and herby is Received and Filed. ADOPTED NO 97 RESULTS OF NEGOTIATIONS - 851 NORTHAMPTON (ITEM NO. 10, C.C.P., MAR. 17, 2009) (ITEM NO. 88, C.C.P., MAY 26, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the offer from Mrs. Cheyenne Jumanah, residing at 855 Northampton, in the sum of one thousand and one hundred dollars ($ 1, 100.00) for the purchase of 851 Northampton, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES - 0 LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRMAN) NO. 98 RESTAURANT DANCING CLASS HI - 248 ALLEN STREET (ITEM NO. 43, C.C.P., JULY 21, 2009) That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit & Inspection Services be, and he hereby is authorized to grant a Restaurant Dancing Class III License to Joseph Rubino, d/b/a Nietzche's, located at 248 Allen Street with 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 am. 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 7:00 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 and the cartilage thereof to the property lines. 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. 99 S. MCCARTHY - REQ. HANDICAP PARKING - 595 DELAWARE AVENUE (ITEM NO. 66, C.C.P., JULY 21, 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. 100 D. SMITH-RESUMES FOR COUNCIL STAFF POSITION (#68, 7/21) That the above item be the same and herby is Received and Filed. ADOPTED NO. 101 FOOD STORE LICENSE - 714 WALDEN (ITEM NO. 38, C.C.P., JULY 7, 2009) (ITEM NO. 90, C.C.P., JULY 21, 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. 102 A. HALEY, AGENT, USE 1440 MAIN FOR A HSF (DEL)(NO PUB HRG) (#68, 7/7) That the above item be the same and herby is Received and Filed. ADOPTED NO. 103 T. MCCANN, PETITION TO USE 930 GENESEE STREET FOR A HUMAN SERVICE FACILITY (ITEM NO. 69, 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 Common Council hereby recommends that the Zoning Board of Appeals approve the petition of T. McCann, agent to use 930 Genesee Street for a Human Service Facility. PASSED AYES - 9 NOES - 0 NO. 104 T. MCCANN, PETITION TO USE 930 GENESEE STREET FOR AN OUTPATIENT CLINIC (ITEM NO. 70, 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 Common Council hereby recommends that the Zoning Board of Appeals approve the petition of T. McCann, agent to use 930 Genesee Street for an Outpatient Clinic. PASSED AYES - 9 NOES - 0 NO. 105 K. FRIZLEN, PETITION TO REZONE 301,305-311 WEST UTICA FOR MULTI FAMILY HOUSING FROM A "R3" TO A "CI" DISTRICT (ITEM NO. 44, C.C.P., MAY 12, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the Common Council of the City of Buffalo does hereby ordain as follows: That that part of the Zoning Ordinances of the City of Buffalo, Section 511-126 of Article XXV of Chapter 511 as it relates to the use map thereof be amended to show a "CI" District rather than a "R3" District for the premises known as 301,305-311 West Utica, and more particularly described as follows: Exhibit "A" Schedule A - Real Property Description ALL THAT TRACT OR PARCEL OF LAND, Situate in the City of Buffalo, County of Erie and State of New York, being part of Lot No. Fifty-eight (58), Township eleven (11), Range eight (8) of the Holland Land Company's Survey, bounded and described as follows: BEGINNING at a point in the Northerly line of Utica Street, ten hundred forty-one and forty-three hundredths (1041.43) feet Easterly from its intersection with the Easterly line of Richmond Avenue as now laid out, taken and established; THENCE Northerly at right angles with Utica Street, one hundred forty (140) feet; THENCE Easterly on a line running parallel with Utica Street, fifty (50) feet; THENCE Southerly at right angles with Utica Street, one hundred forty (140) feet to the Northerly line of Utica Street; THENCE Westerly along the Northerly fine of Utica Street, fifty (50) feet to the place of BEGINNING; and ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Buffalo, County of Erie and State of New York, being part of Farm Lot Number 58, Township 11, Range 8 of the Holland Land Company's Survey and more particularly described as follows: BEGINNING at a point in the northerly line of West Utica Street at the distance of 1005.43 feet easterly from its intersection with the easterly line of Richmond Avenue; running thence northerly and at right angles to West Utica Street 140 feet; thence easterly parallel with West Utica Street 36 feet thence southerly at right angles to West Utica Street 140 feet to the northerly line of West Utica Street and thence westerly along the northerly line of West Utica Street 36 feet to the place of beginning; and ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Buffalo, County of Erie and State of New York, being part of Lot No. 58, Township 11, Range 8 of the Holland Land Company's Survey described as follows: BEGINNING at a point in the north line of West Utica Street, 99 feet east of the point of intersection of said line of West Utica Street with the east line of Ashland Avenue; thence north parallel with Ashland Avenue, 140 feet; thence east and parallel with West Utica Street, 29.43 feet; thence south and parallel with Ashland Avenue, 140 feet to the north line of West Utica Street and thence westerly long said north line of West Utica Street, 29.43 feet to the place of beginning. This rezoning shall be effective providing the following conditions are met: That this rezoning shall not be effective unless and until a certified copy thereof has been filed by the petitioner in the offices of the Erie County Clerk's Office and proof of such filing is submitted to the City Clerk's Office. That this rezoning will not be effective until such conditions as set by the City Planning Board are met. That this Common Council finds this action to be an Unlisted Action under the S.E.Q.R. Act and adopts petitioner's findings such that no further environmental review is required under said Act. It is hereby certified, pursuant to Section 3-19 of the Charter that the immediate passage of the foregoing ordinance is necessary. LAID ON THE TABLE NO. 106 RESULTS OF NEGOTIATIONS - 83 SUSSEX (ITEM NO. 11, C.C.P., FEB. 3, 2009) (ITEM NO. 61, C.C.P., MAR. 3, 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. Debbie Allen, residing at 80 Radcliffe Road, in the sum of Eight Thousand and Five Hundred Dollars ($8,500.00) for the purchase of 83 Sussex, 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 Executive Director, 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. PASSED AYES - 9 NOES - 0 RESOLUTIONS NO. 107 BY: BRIAN C. DAVIS PERMISSION TO HANG BANNERS AT 203 ALLEN STREET IN FRONT OF THE THEATRE OF YOUTH (TOY) TO PROMOTE THE 2009-2010 SEASON. TOY would like to hang two banners (one denoting the theatre location and one changing with each play through the season) over the street in front of the theatre to advertise the 2009-2010 season; and TOY requests that the said banner be displayed from the earliest possible date in September 2009 until the close of the season on June 1, 2010; and The banner will hang between the theatre at 203 Allen Street and the building opposite at 206 Allen Street; and TOY is familiar with the banner requirements and will purchase the necessary bond before the banners are hung. Now, Therefore Be It Resolved: That the Common Council of the City of Buffalo grants permission for the Theatre Of Youth to hang banners from the date of granting of permission in September 2009 until June 1, 2010 at 203 Allen Street; and Be it Finally Resolved: That the banners meet all the requirements of pertinent City Departments and that no existing laws are violated. ADOPTED NO. 108 BY. MR. FONTANA PROCLAIMING OCTOBER 2009 TO BE A SPORT MONTH IN THE CITY OF BUFFALO WHEREAS, The "B-A Sport" program was established in 1998 as a subsidiary organization of International All-Star Sports Council, a nonprofit organization dedicated to enriching the nation's communities through sports and culture; and WHEREAS, Charles Griffasi, Sr., a lifelong resident of the City of Buffalo, started the B-A Sport program to bring morality and sports together by promoting cooperation, respect for others, responsibility, fairness, good citizenship and good sportsmanship; and WHEREAS, International All-Star Sports Council would like to promote the B-A Sport concept in people's everyday lives, and has asked the Common Council to proclaim October 2009 as "B-A Sport Month" in the City of Buffalo and hang banners featuring the B-A Sport logo on the lampposts around Niagara Square in order to provide a visual reminder to people of the importance of values, ethics and character. NOW THEREFORE BE IT RESOLVED, That this Honorable body does hereby proclaim October 2009 to be "B-A Sport Month" in the City of Buffalo; and BE IT FURTHER RESOLVED, That this Honorable Body grants permission for the International All Star Sports Council to hang banners on the lampposts around Niagara Square for the period from October 1, 2009 until October 31, 2009, provided that no existing laws are violated and such banners meet the legal specifications set forth by the City of Buffalo Departments of Law and Public Works, Parks and Streets ADOPTED NO. 109 BUDGET AND PERSONNEL AMENDMENT 65 - ECONOMIC DEVELOPMENT, PERMITS & INSPECTIONS 1150 - INSPECTIONS The Common Council of the City Of Buffalo does ordain as follows: That part of Section i of Chapter 35 of the Code of the City of Buffalo, relating to 65 - Economic Development, Permits & Inspections, 1 i50 - Inspections, which currently reads: 1 Account Clerk $30,829 - $34,105 Is hereby amended to read: 1 Associate Account Clerk $34,006-$39,162 IT IS HEREBY CERTIFIED, that a personnel requisition incident to the creation of the above-mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position JAMES COMERFORD, JR, DEPUTY COMMISSIONER OF EDPIS AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. PASSED AYES - 9 NOES - 0 NO. 110 BY: MS. RUSSELL RE: BUSINESS IMPROVEMENT EXEMPTION ORDINANCE WHEREAS, It is essential for the continuing vitality of the City of Buffalo and its neighborhoods that private investment be encouraged for the remodeling, reconstruction and improvement of businesses; and WHEREAS, Businesses owners who invest significant funds to remodel, reconstruct or improve their properties often see their assessments increase as a result of these efforts, which has lead many business owners to feel as if they are being penalized for doing something that not only improves their property, but also positively impacts their surrounding neighborhood and community; and WHEREAS, Cities and towns throughout the country are encouraging private investment that will improve neighborhoods and communities by offering business improvement exemptions through the assessment process; and WHEREAS, Pursuant to New York State Real Property Tax Law ("RPTL") sec. 485-a, a version of which was adopted by the City of Buffalo in 2002 and has been encoded in sec. 28-29.2 of the City of Buffalo Charter, a tax exemption can be obtained related to the conversion of a piece of non-residential real property to a mixed use property; and WHEREAS, Pursuant to RPTL sec. 485-b, which at this time has not been adopted by the City of Buffalo, an additional tax exemption may be offered for business investments. A version of this was adopted by the Town of Portville, NY in April of 2008; and NOW, THEREFORE BE IT RESOLVED, That the Common Council hereby requests that the Department of Law and Department of Assessment & Taxation review RPTL sec. 485-b to evaluate the feasibility of adopting a version of this law in the City of Buffalo so as to provide an incentive for business owners to invest in improvements to their property; and NOW, THEREFORE BE IT FURTHER RESOLVED, That the Common Council requests that the aforementioned departments file their comments on this matter with the City Clerk for review by this Honorable Body. ADOPT 1st RESOLVE THE REMAINDER REFERRED TO THE COMMITTEE ON LEGISLATION CORPORATION COUNSEL AND ASSESSMENT NO. 111 BY MR. SMITH BUFFALO OLMSTED PARKS CONSERVANCY GRANT APPLICATION TO NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION: STATE FISCAL YEAR 2009-2010 GRANT UNDER THE ENVIRONMENTAL PROTECTION ACT Whereas: Buffalo Olmsted Parks Conservancy ("Olmsted") is applying for a grant through the New York State Office of Parks, Recreation and Historic Preservation; and Whereas: This grant request is being submitted for "Restoration 0f Remaining Flights of Granite Stairs and Rehabilitation of Landscape Slope Surrounding Humboldt Basin in Martin Luther King, Jr. Park"; and Whereas: The application for this grant funding mandates that an authorizing resolution be passed at an official meeting of the governing body of the applicant; and Whereas: Although Martin Luther King, Jr. Park is managed by Olmsted, this park is owned by the City of Buffalo and so an authorized resolution of the Common Council is required in order for Olmsted to apply for this grant. Now, Therefore, Be It Resolved: That the Buffalo Olmsted Parks Conservancy, as legal managers of the Olmsted Park and Parkway System located in Buffalo, New York, is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993, in an amount not to exceed $552,403.81. and upon approval of said request to enter into and execute a project agreement with the State of New York for such financial assistance to the Buffalo Olmsted Parks Conservancy OR City of Buffalo for the Restoration of Remaining Flights of Granite Stairs and Rehabilitation of Landscape Slope Surrounding Humboldt Basin in Martin Luther King, Jr. Park and, if appropriate, a conservation easement/preservation covenant to the deed of the assisted property; and Now, Therefore, Be It Further Resolved: That the Common Council directs the City Clerk to prepare a letter of transmittal, as the duly qualified and acting Clerk of the City of Buffalo, IVY, thereby certifying that this resolution was adopted by the Common Council at one of its regularly scheduled or special meetings, along with the date thereof, and that such action is incorporated in the original minutes of said meeting OR on file and of record, and that said resolution has not been altered, amended or revoked and is in full force and effect; and Now, Therefore, Be It Finally Resolved: That the above referenced letter of transmittal, along with a certified copy of this passed resolution, be sent to Joy Testa-Cinquino Director of Institutional Advancement for the Buffalo Olmsted Parks Conservancy, Parkside Lodge, 84 Parkside Buffalo, NY 14214. PASSED AYES - 9 NOES - 0 NO. 112 BY: MR. SMITH, DAVIS RE: RESOLUTION TO COVER RT. 33 AND RE-IMAGINE THE HUMBOLDT PARKWAY Whereas Buffalo's East side was once a vibrant, lively, and thriving neighborhood, and Whereas the Humboldt Parkway, a magnificent tree-lined Frederick Law Olmsted- designed streetscape, once served as the connector of The Park (now Delaware Park) and the Parade (now Martin Luther King, Jr. Park), and was a neighborhood where people wanted to live and raise their families, and Whereas the Humboldt Parkway was known previously to the east side of the City as what Bidwell Parkway is now to the Elmwood neighborhood, a grand place to live and a gathering place for the community, and Whereas, the construction of the Route 33 highway ungraciously removed this magnificent tree-lined streetscape and replaced it with a high speed roadway, rudely dividing this thriving neighborhood, fracturing the community, and ultimately precipitating the decline and disinvestment of this area, and Whereas a collaboration of neighborhood associations, citizen groups, residents, churches, and other organizations desires to see this east-side community healed, restored, and transformed, and Whereas, this collaboration of stakeholders sees the original construction of Route 33 as the root of the problem, and the reconstruction of the Parkway, by way of adding a cover to the "bathtub section" of the highway, as a major step forward to bringing this transformation about, and Whereas, we the Common Council of the City of Buffalo desire to see our city transformed into the thriving urban area that we know it can be, with every neighborhood full of life and known as a great place to own a home, go to school, develop a business, and raise a family, now Therefore, this same Common Council of the City of Buffalo fully supports the efforts of this collaboration of people and organizations, the Greater Buffalo Niagara Regional Transportation Council, and the New York State Department of Transportation to move forward o/~t the project to cover the Route 33 highway and so bring new investment and transformation to this east/)fide neighborhood and to the City of Buffalo. ADOPTED NO. 113 BY MR. SMITH FELICITATIONS/IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Lyfe Jennings By Councilmember Brian C. Davis Felicitation for Trey Songz By Councilmember Brian C. Davis In Memoriam for Matthew J. Sawicki B Councilmember Brian C. Davis ADOPTED NO. 114 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 Lawler • Katherine Slomba • JoAnne Wisniewski • Noreen C. Mattus • Cynthia Strong • Joyce Haskell • CharleneA. Cherry • Michelle McFarland • Thomasena R. Campbell • Amy J. Gattie • Sharon M. Militello • Maureen R. McKeone • Camille Hayes • Shirley J. Hayes • Charles J. Lamonte TOTAL 15 ADOPTED NO. 115 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: Kevin Musior Barbara M. McCarthy Sharon Brzezinski TOTAL 3 ADOPTED NO. 116 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 8, 2009 at 9:45 o’clock am Committee on Finance Tuesday, September 8, 2009 at 10:00 o’clock am following Civil Service Committee on Comm. Dev. Tuesday, September 8, 2009 at 1:00 o’clock pm Committee on Legislation Tuesday, September 8, 2009 at 2:00 o’clock pm (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware; therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 117 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mr. Rivera the Council adjourned at 2:40 PM GERALD CHWALINSKI CITY CLERK 1. Call For Special Session R&F 2. Discharge Leg -Ord. Amend. Ch. 341 Property Maint (Chickens) ADOPT 3. Ord. Amend. Ch. 341 Property Maint. (Chickens)- ADOPT 4. Adjournment ADOPT NO. 1 CALL FOR SPECIAL SESSION July 23, 2009 Mr. Gerald A. Chwalinski City Clerk 1308 City Hall Buffalo, New York Dear Mr. Chwalinski: Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated July 23, 2009 presented to you herewith, I hereby call a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on July 28, 2009 at 1:55 P.M. for the following purpose: To receive and take appropriate action on : All Items Relating To 1.) Ordinance Amendment Ch. 341 Property Maintenance (Chickens) Yours very truly, David A. Franczyk President of the Council Hon. David A. Franczyk President Common Council 1315 City Hall Buffalo, New York Dear Sir: WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council, pursuant to Section 3.9 of the Charter of the City of Buffalo, for the following purpose: To receive and take appropriate action on All Items Relating To 1 .) Ordinance Amendment Ch. 341 Property Maintenance (Chickens) We request that this Special Meeting be held on July 28, 2009 at 1:55 P.M. David A. Franczyk Richard A. Fontana Michael P. Kearns David A, Rivera Joseph Golombek Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit: BRIAN DAVIS JOSEPH GOLOMBEK MICHAEL LOCURTO BONNIE E. RUSSELL RICHARD FONTANA MICHAEL KEARNS DAVID A. RIVERA DEMONE SMITH hereby states that he/she received twenty-four (24) hours' notice of the time and purpose of the Special Meeting of the Common Council duly called to be held on July 28, 2009 at 1:55 PM David A. Franczyk Richard A. Fontana Michael P. Kearns David A, Rivera Joseph Golombek Demone Smith Michael J. LoCurto Brian C. Davis Bonnie Russell STATE OF NEW YORK COUNTY OF ERIE) ss: CITY OF BUFFALO) On this 23rd day of July 2009, before me, the subscribers, personally appeared To me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same. Gerald A. Chwalinski Commissioner of Deeds, in and for the City of Buffalo, N.Y. My Commission expires 12/31/10 OFFICE OF THE CITY CLERK GERALD A. CHWAMNSKI City Clerk Registrar of Vital Statistics WILMER OLIVENCIA, JR. Deputy City Clerk DIANA RICO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851-5431 FAX: (716) 851-4845 July 23, 2009 TO EACH MEMBER OF THE COMMON COUNCIL: YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated July 23, 2009, DAVID A. FRANCZYK, President of the Common Council, has called a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on July 28, 2009 at 1:55 P.M. for the following purpose: To receive and take appropriate action on all items relating to 1 .) Ordinance Amendment Ch. 341 Property Maintenance (Chickens) Yours very truly, Gerald A. Chwalinski City Clerk RECEIVED AND FILED NO. 2 DISCHARGE LEGISLATION COMMITTEE ORDINANCE AMENDMENT CH. 341 PROPERTY MAINTENANCE (CHICKENS) (NO.117, CCP 7/21/09) Mr. Fontana moved that Whereas, the above item is currently in the Legislation Committee and, Whereas, it is no longer necessary for this item to be considered by that committee, Now Therefore Be It Resolved, that this Common Council does hereby discharge the Committee from further consideration of this item, and it is now before the Common Council for its consideration. Seconded by Mr. Golombek ADOPTED NO. 3 BY: MR. RIVERA RE: ORDINANCE AMENDMENT CHAPTER 341: PROPERTY MAINTENANCE The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 341: Article 2 of the Code of the City of Buffalo. be amended to read as follows: § 341-11. Fowl. A. It shall be unlawful for any person to keep any chicken, pigeon, turkey, duck or any fowl in any residential or commercial district in any building or structure or on the same lot or premises[.], except as provided in Sections 341-11.1 through 341-11.5 hereof. B. It shall be unlawful for any person to keep any chicken, pigeon, turkey, duck or any fowl in any manufacturing district more restrictive than M2 in any building or structure or on the same lot or premises[.], except as provided in Sections 341-11.1 through 341-11.5 hereof. §341-11.1 Exceptions for Chicken Hens A. It shall be lawful for any person to keep, permit, or allow any domesticated chicken hens in any residential district under the following terms and conditions and after having received a license to keep said chicken hens from the City Clerk as prescribed herein under the following terms and conditions: 1. No more than five (5) chicken hens shall be allowed for each single-family dwelling or multi-family dwelling. 2. No chicken hens shall be allowed in multi-family complexes, including duplexes, without the expressed, written consent of the owner of the building and all tenants residing in the building other than the applicant. 3. No chicken hens shall be allowed without the express, written consent of all residents residing on property adjacent to that of the applicant. 4. No roosters shall be allowed. 5. Chicken hens are to be restricted to the rear or backyard of any lot in a residential zoning district or the rear or backyard of a residential use in all other zoning districts. 6. Chicken hens shall be kept as pets and for personal use only; no person shall sell eggs or meat or engage in chicken breeding or fertilizer production for commercial purposes. 7. Persons wishing to keep chicken hens within the City of Buffalo must obtain a . license from the Office of the City Clerk after payment of an annual twenty-five dollar ($25.00) fee, and after inspection and approval of the coop and cage that chicken hens are to be kept in b`/ an Animal Control Officer, pursuant to §341-11.4 hereof. §341-11.2 Chicken License Application Contents A. The Application for such license shall include the following information: 1.The name, phone number, and property address of the applicant; 2.The location of the subject property; 3.The size of the subject property; 4.The number of chicken hens the applicant seeks to keep on the property; 5. A description of an,/ coops or cages that will house the chicken hens, together with a description of any fencing, barriers or enclosures surrounding the curtilage of the property 6. A scaled drawing, showing the precise location of cages, coops, enclosures, fences and barriers in relation to property lines and to structures on adjacent properties; 7. A description of the manner by which feces and other waste materials will be removed from the property or will be treated so as not to result in unsanitary conditions or in the attraction of rodents and insects; 8. A signed statement from the property owner, if the applicant is not the property owner, granting the applicant permission to engage in the keeping of chicken hens as described in the license application; 9. A signed statement from any and all tenants of the building that they consent to the applicant's keeping of chicken hens on the premises; 10. A signed statement from any resident, residing on a property adjacent to the applicant's property, consenting to the applicants keeping of chicken hens on the premises. The addresses of all properties within a rift7 (50) foot radius of the subject §341-11.3 Chicken Coop Setbacks and Limitations A. Setbacks 1. The coops or cages housing such chicken hens must be situated at least twenty (20) feet from any door or window of a dwelling, school, church or other occupied structure, other than the applicant's dwelling. 2. The coops or cages housing such chicken hens may not be located in front or side street yard areas and shall not be located within five (5) feet of a side yard lot line nor within eighteen (18) inches of a rear yard lot line, except where the rear lot line forms the side lot or front lot line of an abutting property, in which case the setback from such rear lot line shall be five (5) feet. No chicken hens shall be kept in front yard or side street yard areas. B. Enclosures/Coops and Cages The chicken hens shall be kept within both a coop and a fenced outdoor 2. The chicken hens must be kept in the coop and fenced outdoor enclosure at all times and shall not be allowed to run free in the fenced outdoor enclosure unless a responsible individual, over eighteen (18) years of age, is directly monitoring said activity and is able to immediately respond should said chickens need to be returned to their individual cages. 3. The chicken coop shall be a covered, predator-resistant, well-ventilated structure providing a minimum of 2 square feet per chicken hen. 4. The outdoor enclosure shall be adequately fenced to contain the chicken hens and to protect the chicken hens from predators. 5. The coop must be kept in a clean, dry, and sanitary condition at all times. 6. The outdoor enclosure shall be cleaned on a regular basis to prevent the accumulation of animal waste. 7. The total area of all coops or cages on a lot shall not be greater than thirty-two (32) square feet for up to five (5) chicken hens. Coops and cages, singly or in combination, shall not exceed seven (7) feet in height. 8. The chicken feed or other food used to feed the chicken hens shall be stored in a rat-proof, fastened container stored within a structure, which shall only be unfastened for the retrieval of food and immediately re-fastened thereafter. 9. the chicken hens shall be fed only from an approved trough. Scattering of food on the ground is prohibited. C. Sanitation and Nuisances 1. Chicken hens shall be kept only in conditions that limit odors and noise and the attraction of insects and rodents so as not to cause a nuisance to occupants of nearby buildings or properties and to comply with applicable provisions of both the New York State and Erie County Sanitary Codes. 2. Chicken hens shall not be kept in a manner that is iniurious or unhealthful to any animals being kept on the property. D. Slaughtering 1. There shall be no outdoor slaughtering of chicken hens. §341-11.4 Review and Expiration A. Initial Review. 1. Upon receipt of a chicken license application and the requisite license fee, the City Clerk shall immediatel7 notify the Office of Animal Control of said application, including the number of chicken hens sought to be licensed and the location of the proposed chicken coop 2. The City Clerk shall immediately notify those property owners who own the properties within fifty (50) feet of the applicant's property and provide them with an opportunity to provide written comments as to their support or opposition to the proposed chicken coop. 3. The Common Council of the City of Buffalo and the Office of the Mayor shall also immediately be notified of the chicken license application. 4. If the City Clerk receives no written comments evidencing opposition to or concern regarding the proposed chicken coop within twenty days of receipt of the application, he or she shall issue a license for up to five chicken hens to the applicant that shall be non-transferrable and valid for one year from the date of a satisfactory inspection of an Animal Control Officer, which shall be subject to the renewal provisions set forth below. 5. If the City Clerk receives written comments evidencing opposition to the proposed chicken coop and cage within twenty days of receipt of the application, he or she shall file with the Common Council: the complete chicken license application and all comments received regarding the application for its consideration thereof. 6. The Common Council shall determine, in its discretion, and taking into account the entire record before it, whether or not a chicken license shall be issued to the applicant. The Common Council shall be empowered to impose further conditions on the license that it deems to be necessary to preserve the public health, safety and/or welfare. 7. Upon the approval of a majority of the Common Council, the Mayor shall take action on the license application in accordance with City Charter §3-19. 8. The Office of Animal Control shall cause an inspection of the proposed chicken coop to be conducted to verify conformance with the provisions of §341-11 through 341-11.5 hereof within forty-five (45) days of the applicant being issued a license. 9. After completion of the inspection by an Animal Control Officer and confirmation that the coop conforms to the specifications provided in the application approved by the City Clerk, the licensee shall be allowed to keep the number of chicken hens specified in the license on the premises. 10. A license issued to an applicant shall include the licensee's proper name, the property address for which the license is valid, the number of chicken hens allowed at the property address, a unique license number, the date the license was issued, an expiration date exactly one year from the date of issuance and any conditions imposed by the Common Council. 11. Only one chicken license shall be issued per applicant and per property. No licensee shall be eligible to obtain a chicken license for multiple properties, nor shall more than one license be issued to one property address. B. Renewal 1. On the first day of May of every gear, the City Clerk shall file with and notify the Common Council, the Office of the Mayor and the Department of Permits and Inspection Services of all chicken hen licenses issued in the prior year, including the names of the licensees, their property addresses, the number of chicken hens licensed at said property and the issuance and expiration dates of said licenses. st 2. On or before June 1of every gear, the Common Council, the Office of the Mayor or any other interested party shall file complaints received regarding licensed chicken hens. 3. Any complaints received regarding any particular chicken license issued shall be considered at a meeting of the Committee on Legislation at which the licensee and an5' other interested party shall have the right to be heard concerning said license. 4. The Common Council may, in its discretion, not renew any chicken license for an,) reason after the licensee and any other interested party has been given an opportunity to be heard. 5. On June 1 st of every year, the Common Council shall proceed to consider renewal of all chicken licenses issued as prescribed in Subsections 341.11.4B(1-4) and may revoke any license issued pursuant thereto. 6. If, at any time, the Common Council is made aware of any complaints regarding a properly licensed chicken coop, it may proceed to hear the complaints of any interested party and the defense of the licensee at a meeting of its Legislation Committee, and may revoke the license issued for any reason pursuant to §341-11.4(A)(7) hereof. 7. If a license is renewed pursuant to the provisions hereof, the applicant may continue to keep chicken hens pursuant to the terms and conditions set forth herein and imposed in the initial license provided that he or she pays the annual twenty-five dollar ($25.00) fee on or before the expiration date of the license. 8. Except in the case of a chicken coop that is not permanently affixed to the ground and is therefore mobile, any licensee shall first obtain a building permit in accordance with Chapter 103 hereof prior to constructing or erecting a chicken coop not inconsistent herewith. APPROVED AS TO FORM NOTE: Matter underlined is new, matter in brackets is to be deleted. PASSED AYES – FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RIVERA, - 6 NOES - DAVIS, RUSSELL, SMITH - 3 NO. 4 ADJOURNMENT On a motion by Mr. Fontana, seconded by Mr. LoCurto, the Council adjourned at 2:33 PM Gerald A. Chwalinski City Clerk SPECIAL SESSION JULY 28, 2009 2:30 PM 1 Call for Special Session R&F 2. Sale of 179 E. North St and 326 Maple to Kaleida Health APP 3. Adjournment ADOPT NO. 1 CALL FOR SPECIAL SESSION Dear Mr. Chwalinski: Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated July 28, 2009 presented to you herewith, I hereby call a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on July 28, 2009 at 2:30 P.M. for the following puposes: To receive and take appropriate action on : All Items Relating To 1. Sale of 179 E. North St and 326 Maple to Kaleida Health Yours very truly, David A. Franczyk President of the Council Hon. David A. Franczyk President Common Council 1315 City Hall Buffalo, New York Dear Sir: WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council and waive the 24 hour notice, pursuant to Section 3.9 of the Charter of the City of Buffalo, for the following purpose: To receive and take appropriate action on All items pertaining to Sale of 179 E. North St and 326 Maple to Kaleida Health We request that this Special Meeting be held on July 28, 2009 at 2:30 PM David A. Franczyk Michael P. Kearns Brian C. Davis David A. Rivera Joseph Golombek Bonnie E. Russell Richard A. Fontana Michael J. LoCurto Demone Smith Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit: DAVID A RIVERA BRIAN DAVIS JOSEPH GOLOMBEK BONNIE E. RUSSELL MICHAEL LOCURTO RICHARD FONTANA MICHAEL P KEARNS DEMONE SMITH hereby agrees that twenty-four (24) hours' notice be waived of the time and purpose of the Special Meeting of the Common Council duly called to be held on July 26, 2009 at STATE OF NEW YORK COUNTY OF ERIE) ss: CITY OF BUFFALO) On this 28th Day of July 2009, before me, the subscribers, personally appeared To me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same./~ Gerald A. Chwalinski Commissioner of Deeds, in and for the City of Buffalo, N.Y. My Commission expires 12/31/10 TO: THE COMMON COUNCIL FROM: THE DEPARTMENT OF LAW TO EACH MEMBER OF THE COMMON COUNCIL: YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated July 28, 2009, DAVID A. FRANCZYK, President of the Common Council, has called a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on Tuesday, July 28, 2009 at 2:30 PM. for the following purpose: To receive and take appropriate action on all items relating to Sale of 179 E. North St and 326 Maple to Kaleida Health Yours very truly, Gerald Chwalinski City Clerk RECEIVED AND FILED NO. 2 SALE OF 179 E. NORTH STREET AND 326 MAPLE TO KALEIDA HEALTH FOR $3,900.00 The Department of Law is requesting approval to accept a purchase offer from Kaleida Health for the purchase of the two above referenced properties for the sale price of $3,900.00. The Appraisal Review Board has reviewed the Appraisal and has set the sale price at the fully appraised value of $3,900.00. The subject properties adjoin other properties being acquired by Kaleida Health with the objective of constructing a propose200,000 square foot Skilled Nursing Facility. The Acting Corporation Counsel d respectfully requests that the Common Council approve the sale of the property pursuant to a Sale Contract to be finalized by the Corporation Counsel's office and Kaleida's attorneys. The Acting Corporation Counsel further requests that Your Honorable Body authorize the Mayor to execute the Sale Contract once it is finalized and that Your Honorable Body further authorize the Mayor to execute a Deed to Kaleida Health as set forth in the Sale Contract. The Acting Corporation Counsel also requests that your Honorable Body further authorize the Mayor and any appropriate Department Heads and staff to take all steps as are necessary to facilitate the terms and provisions of the Sale Contract. The sale price being paid to the City is $3,900.00. The closing of the sale is expected to be within the next few months. Mr. Fontana moved That the Common Council hereby authorizes the Acting Corporation Counsel, The Mayor and any other City Department Heads Necessary to execute and and all documentation to effectuate the Sale of 179 E. North Street and 326 Maple to Kaleida Health for $3,900.00 together with any other terms and conditions upon which the Division of real Estate shall further Impose PASSED AYES - 9 NOES - 0 NO. 3 ADJOURNMENT On a Motion by Mr. Fontana Seconded by Mr. Kearns The Council adjourned at 2:35 pm Gerald A. Chwalinski City Clerk ADOPTED