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Home My WebLink About09-0623-0616ss-0618pp (2) No. 13 PROCEEDINGS OF THE CITY OF BUFFALO June 23, 2009 SPECIAL SESSION JUNE 16, 2009 PENSION PROCEEDINGS JUNE 18, 2009 MAYOR Hon. Byron W. Brown COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL FILLMORE DISTRICT DAVID A. FRANCZYK PRESIDENT PRO TEMPORE SOUTH DISTRICT MICHAEL P. KEARNS MAJORITY LEADER LOVEJOY DISTRICT RICHARD A. FONTANA DISTRICT COUNCIL MEMBERS BRIAN C. DAVIS – ELLICOTT DEMONE A. SMITH – MASTEN MICHAEL J. LO CURTO – DELAWARE JOSEPH GOLOMBEK JR. – NORTH DAVID A. RIVERA- NIAGARA BONNIE C. RUSSELL-UNIVERSITY REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Brian C. Davis, Michael P. Kearns, David A. Rivera, Joseph Golombek Jr. -Members CLAIMS COMMITTEE: David A. Rivera Chairman, Michael P. Kearns, Richard A. Fontana, Bonnie E. Russell - Members COMMUNITY DEVELOPMENT COMMITTEE: Michael LoCurto, Chairman, Richard A. Fontana, Joseph Golombek Jr., David A. Rivera, Demone Smith - Members FINANCE COMMITTEE: Michael P. Kearns, Chairman, Brian C. Davis, Michael J. LoCurto, David A. Rivera, Bonnie E. Russell - Members. LEGISLATION COMMITTEE: Joseph Golombek Jr., Chairman, Brian Davis, Richard A. Fontana, Michael LoCurto, David Rivera-Members. RULES COMMITTEE: David A. Franczyk, Chairman, Michael P. Kearns, Richard A. Fontana - Members SPECIAL COMMITTEES BUDGET COMMITTEE: Richard A. Fontana., Chairman, Michael P. Kearns, Michael J. LoCurto, Demone Smith - Members EDUCATION COMMITTEE: Demone Smith, Chairman, Brian C. Davis, Richard A. Fontana, Members MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Brian C. Davis, Richard A. Fontana, Joseph Golombek Jr., David A. Rivera, Members POLICE OVERSIGHT: Brian C. Davis, Chairman, Richard A. Fontana, David A. Rivera, Bonnie E. Russell, Demone Smith – Members PUBLIC TRANSPORTATION: Michael P. Kearns, Chairman, Richard A. Fontana, Michael J. LoCurto, David A. Rivera - Members WATERFRONT DEVELOPMENT COMMITTEE: Michael P. Kearns, Chairman, Brian C. Davis, Joseph Golombek, Jr, David A. Rivera, members . INVOCATION PLEDGE TO FLAG DATE June 23, 2009 FINAL MAYOR 1. David Rodriguez Serving as Acting Corporation Council R&F 2- 1A Trailblazing Signs on Kingston Place(South) LEG 3- 2. Appt-Johnnie B Wiley Stadium Board LEG, COLL MAYOR – EXECUTIVE 4- 3. Citizen Serv-Submission of Monthly Report-May 2009 R&F 5- 4. Plan Bd-SEQR Bflo Nia Med Campus-122 Goodrich(Ell) R&F 6- 5. Plan Bd-SEQR-796 E. Amherst St AKA 24 Westminster Ave R&F 7- 6. Plan Bd-SEQR-1,2,3 West Cleveland Ave R&F 8- 7. Plan Bd-SEQR-391 Exchange St, AKA 467 Louisiana R&F 9- 8. Plan Bd-SEQR-10 & 15 La Riviere Dr R&F 10- 9. Plan Bd-SEQR-408 South Park Ave R&F 11- 10. Plan Bd-SEQR-128 Sycamore AKA 21-33 Pine Ave(Ell) R&F 12- 11. Plan Bd-SEQR-256 Wilson St(Fill) R&F 13- 12. Strat Plan-SEQR Lead Agency Designation-True Bethel Housing Constr R&F 14- 13. Strat Plan-Transfer Jurisdiction 1131 Lovejoy COB to Bd of Ed(Lov) APP 15- 14. Strat Plan-United House of Prayer For All People Req to Use 134,136 & 138 Monroe APP COMPTROLLER 16- 15. City Employees Receiving Multiple Salaries CD 17- 16. Interfund Cash Loans APP 18- 17. Need for Immediate Audit of BURA and BERC CD ASSESSMENT 19- 18. Request Approval of Certificate of Adj Base Proportions 2009 Roll APP 20- 19. Request Approval of Certificate of Current Base Proportions 2009 Roll APP PUBLIC WORKS 21- 20. Notification Serial #10490-10492, 10494(waive 45 days) R&F 22- 21. Audit Report COB Recycling Prog 1/1/2005-5/31/2008 FIN 23- 21A. Corrected Copy of Trade in of Vehicles APP 24- 22. Information Item Johnnie B Wiley Sports Complex Redeve(Ell) R&F 25- 23. Permission to Increase Contract-South Park Improv(South) APP 26- 24. Report of Bids-City Court Elevator Upgrade APP 27- 25. Report of Bids-Erie Canal Harbor Streets-Phase II APP POLICE 28- 26. Annual Action Plan 2009-2019 LEG 29- 26A. Contract for Phase II of The Citywide Video Surv. Camera Proj FIN 30- 27. Proposal from EM Systems APP FIRE 31- 28. Agreement with Revenue Rescue Intermedix FIN CORPORATION COUNSEL 32- 28A. Abandonment and Sale of Portion of Goodrich St FIN PERMITS AND INSPECTIONS 33- 29. Food Store(New) 1256 Hertel (Del) LEG 34- 30. Food Store (New) 1199 Kensington(Univ) DENY 35- 31. Food Store(New) 2312 Main (Del) LEG 36- 32. Lodging House License-1049 Elmwood(North) LEG 37- 33. Lodging House License-83 Prospect(Ell) LEG ADMINISTRATION, FINANACE, POLICY & URBAN AFFAIRS 38- 34. Correspondence Btwn COB & HUD re HUD’s Recent CDBG Program CD COMMUNITY SERVICES 39- 35. Approval of Contract with Back to Basics Organization CD 40- 36. Approval of Contract with PAL for Prog. Assistance to The Bflo Nia Film Comm_FIN 41- 37. Approval of Service Contract With UB for the Next Generation Scientist Prog FIN 42- 38. Vacancies and Communication Devices BUDGET BUFFALO PRESERVATION BOARD 43- 39. Req Approval Bflo Landmark Designation Heath House and Davidson House LEG CITY CLERK 44- 40. Liquor License Applications R&F 45- 41. Leaves of Absence R&F 46- 42. Notices of Appointments-Council Interns ADOPT 47- 43. Notices of Appointments- Temp/Prov/Perm CS MISCELLANEOUS 48- 44. D. Alexander-Request Report Concerning BERC Involvement in One Sunset CD 49- 45. LP Ciminelli-Board Packet Documents June 2009 R&F 50- 46. C. Griffasi-B A Sport LEG,CC 51- 47. S. Hanaka-Modern Disposal Services for 1285 William St R&F,PW 52- 48. H. Jaarah-1285 William St-Slaughterhouse-Results of Inspect for NYC Business_LEG 53- 49. M. Kearns-Relocating Bicycle Museum to Waterfront WFRONT 54- 50. M. Kearns-Concerns-Grassroots Gardens Leases CD 55- 51. M. Kearns-Concerns Maintenance of Vacant Lots R&F 56- 52. M. Kearns-Emerald Beach on The Downtown Waterfront WFRONT 57- 53. M. Kearns-Erie Canal Motor Coach Drop Off/Pickup & Parking WFRONT 58- 54. M. Kearns-Speed Limit Change at Marine Dr WFRONT,PW 59- 55. M. Kearns-Article Re Waterfront Hotel WFRONT 60- 56. M. LoCurto-Property Maintenance Code Ch 341-2 LEG 61- 57. S. Manka-Concerns Fuel Devices Fee R&F 62- 58. NYSDEC-Env Cleanup Plan-200 Ship Canal Pkwy R&F 63- 59. Olmsted Parks-Duathlon & Picnic in the Park R&F 64- 60. J. Pajak-R. Kowsky-Letter of Support-Heath House & Davidson House LEG 65- 61. C. Paladino-Concerns issues Municipal Parking FIN 66- 62. R. Pekarski-Verizon Wireless Change Antennas 1502 Niagara St R&F 67- 63. J. Rushton-J. Aniello-Reg Item 93 from Common Council Meeting 6/9/09 CD 68- 64. L. Steinhart-COB Cellblock Payments to Erie County R&F 69- 65. J. Williams-Cleanup & Redevelopment of Former Color Site-S Park& Elk R&F PETITIONS 70- 66. J. Digiulio, Use 1669 Hertel Ave for a Sit in Restaurant and Sidewalk Café(Del)Hrg 6/30) LEG,CPBD 71- 67. S. Khoury & O-Support of The Proposed Slaughterhouse-1285 William LEG RESOLUTIONS 105- 68. Kearns Grant Perm to Hang We’re So Bflo Banners on Abbott Rd ADOPT 106- 69. Kearns Grant Perm Seneca St Car Show Assoc to Hang Banners on Seneca ADOPT 107- 69A. Davis LL Intro#4 Amend Article #18-The Charter of The COB in Relation to Appts to The Bd. Of Johnnie B. Wiley Stadium APP 108- 69B. Fontana Moratorium on Issuance of Permits & Licenses Providing for Concrete Crushing APP 109- 70. LoCurto Main Street Reconstruction Project Median Maintenance FIN,PW 110- 71. LoCurto Permission to Hang Banner for the Olmsted Park’s Free Concert ADOPT 111- 72. Smith Felicitations in Memorium ADOPT 112- 73. Smith Comm of Deeds Public Duties ADOPT 113- 74. Smith Comm of Deeds ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 72- 1. Com 8 June 9 Appt Special Asst to the Chief Information Officer (Exempt)(Cottman)(MIS) R&F 73- 2. Com 17 June 9 Appt Caulker Supervisor I (Prov)(Inter)(McManus)(PW) APP 74- 3. Com 32 June 9 Notices of Appointments-Temp/Prov/Perm(Cty Clk) R&F FINANCE 75- 4. Com 1 June 9 Contract for Phase II of Citywide Surveillance Camera Project(Mayor) RECOMMIT 76- 5. No 66 May 26 L. Steinhart-COB Cellblock Payments to Erie County R&F COMMUNITY DEVELOPMENT 77- 6. No 39 June 9 M. LoCurto, etc-News Article-One Sunset Operations Criticized R&F 78- 7. No 62 June 9 R. Fontana-Info Energy Savings From New Bflo Impact(#34,5/12) RECOMMIT 79- 8. Com 8 May 26 Filing of All Corresp Btwn COB & HUD’s Recent CDBG Program(Mayor) R&F 80- 9. Com 14 May 26 Report of Sale 160 Orange (Ell)(Strat Plan) RECOMMIT 81- 10. Com 16 May 26 Report of Sale 400 Riley (Ell)(Strat Plan) APP 82- 11. Com 19 May 26 Report of Sale 282 Walnut (Ell)(Strat Plan) APP 83- 12. Res 74 May 12 Filing of All Correspondence Btwn COB & Hud Reg HUD’s Recent CDBG Program(except last res) R&F 84- 13. Res 75 May 12 Grant Perm to Essex Corner Neighborhood Assoc to Hang Signs on Essex Street APP LEGISLATION 85- 14. No 11 June 16 Ord. Amend Ch 341 Property Maintenance (Chickens) RECOMMIT 86- 15. No 45 June 9 R. Davis, Owner, Use 637 Fourth St for a Bicycle Shop, Outdoor Toy Sales & Hot Dog Cart(Ell)(hrg 6/16) APP W/COND 87- 16. No 46 June 9 B. Bernatovicz, Agent, Use 470 Smith for a Ground Sign (Fill)(no pub hrg) APP 88- 17. No 47 June 9 B. Shafie, Agent, Use 402 Clinton St for a Ground Sign (Ell)(no pub hrg)_ APP 89- 18. Com 7 June 9 Accepting Monthly Real Estate Tax Payments(Assmt) R&F 90- 19. Com 21 June 9 Food Store-177 Riley (Ell)(EDPI) RECOMMIT 91- 20. Com 22 June 9 Restaurant Dance License(Renewal)2897 Bailey Ave(Univ)(EDPI) APP 92- 21. Com 23 June 9 Restaurant Dance License(Renewal)681 Main St(Ell)(EDPI) APP 93- 22. Com 24 June 9 Slaughterhouse 1285 William (Fill)(EDPI) RECOMMIT 94- 23. Com 25 June 9 Used Car Dealer 954 Niagara (Nia)(EDPI) APP 95- 24. No 36 June 9 M. Gorman-Buffalo Homecoming 2009 Citybration R&F 96- 25. No 64 June 9 J. Crewson, Agent, use 191 Ganson St to Include a Concrete Crushing Plant (South)(hrg 6/2)(#67,5/26) RECOMMIT 97- 26. No 68 May 26 J. Vega, Agent, Use 2 Russell for an Outdoor Patio(Del)(no pub hrg) RECOMMIT 98- 27. Com 44 May 26 Second Hand Dealer-3098 Bailey (Univ)(EDPI) APP 99- 28. No 58 Mar 31 J. Anadolu, Agent, Use 500 Ashland for a HSF(Del)(no pub hrg) R&F 100- 29. Com 24 Apr 14 Food Store License-1266 East Delavan (Univ)(EDPI) APP 101- 30. Com 30 Mar 31 Food Store License 684 LaSalle (Univ)(EDPI) APP 102- 31. Res 82 Feb 3 Accepting Monthly Real Estate Tax Payments R&F 103- 32. Com 5 Oct 28 Dissolution of Bailey Amherst District Mngt Assoc(Assmt) R&F 104- 33. Res 69 Oct 14 Dissolution of Bailey/Amherst District Mngt Assoc stnd (except 1 & 2 Res) RECOMMIT CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, JUNE 23, 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 June 9, 2009 were approved FROM THE MAYOR NO 1 DAVID RODRIGUEZ SERVING AS ACTING CORPORATION COUNCIL : Dear Mr. Chwalinski Please be advised that effective immediately David Rodriguez, Senior Deputy Corporation Counsel in the Law Department will serve as Acting Corporation Counsel. Thank you for your cooperation. If you have any questions, please don't hesitate to contact me. Sincerely, Byron W. Brown Mayor RECEIVED AND FILED NO 2 TRAILBLAZING SIGNS ON KINGSTON PLACE IN HONOR OF RICHARD J. KEANE Sadly, Richard J. Keane passed away on October 21, 2008 at the age of 75. For 33 years, Dick Keane served his beloved hometown and its residents, beginning in 1965 as a member of the old Board of Supervisors, served as the first Democratic chairman of the Erie County Legislature and subsequently was elected to the New York State Assembly in 1976. He was an 18-year member of the Buffalo Fire Department and he was renowned for his dedication to his city, his constituents and, most importantly, to his family. A native of South Buffalo, Dick Keane grew up on Kingston Place, near the Cazenovia Creek. He was one of 16 children, many of whom shared his passion for public life and who, like Dick, also served in the Buffalo Fire Department and in government. Following his graduation from Boys Vocational High School, Dick Keane served his country in the United States Air Force. Dick Keane will long be remembered for his effective leadership among his colleagues that comprised the City of Buffalo's New York State Legislative Delegation in the State Capitol and he was regarded highly by members on both sides of the aisle for his dedication to public service, determination to help Buffalo and his respect for all his governmental counterparts. I believe it is fitting that the City of Buffalo honor the memory and legacy of one of the City's greatest public servants. Therefore I respectfully request that Your Honorable Body authorize the placement of trailblazing signs on Kingston Place in honor of Richard J. Keane, near the very home where he grew up in the City of Buffalo. Dick Keane will always be among the City of Buffalo's greatest citizens and his memory shall be honored in perpetuity. REFERRED TO THE COMMITTEE ON LEGISLATION NO 3 APPOINTMENT - JOHNNIE B. WILEY STADIUM BOARD Pursuant to the authority granted by Section 18-39 of the City of Buffalo Charter, I hereby appoint the following individuals to the Johnnie B. Wiley Stadium Board commencing immediately. Otis T. Barker, Sr., Director, Division for Youth Room 2301 City Hall, Buffalo, New York, 14202 Dave Thomas, Director, Physical Education and Athletics, Buffalo Public Schools 86 W. Chippewa, Buffalo, New York, 14202 Aubrey Lloyd, Superintendent, Physical Education and Athletics, Buffalo Public Schools 86 W. Chippewa, Buffalo, New York, 14202 Cedric Holloway, 512 Linwood Avenue, Buffalo, New York, 14209 Danielle Judge-Johnson, 282 Babcock Street, Buffalo, New York, 14210 Thurman Thomas, 1276 Sweet Road, East Aurora, New York, 14052 Mike Buczkowski, Vice President/General Manager, Buffalo Bisons 1 James D. Griffin Plaza, Buffalo, New York, 14203 Dorothy Hill, 327 King Peterson Road, Buffalo, New York, 14204 Kenny Simmons, 445 Northampton Street, Buffalo, New York, 14208 Brett Benderson, Vice President, Benderson Development 570 Delaware Avenue, Buffalo, New York, 14202 Kenny Whigham, 190 Shirley Avenue, Buffalo, New York, 14215 Joann Wiley, P.O. Box 327, Buffalo, New York, 14205 I hereby certify that the above mentioned individuals are fully qualified to serve as members of the Johnnie B. Wiley Stadium Board. REFERRED TO THE COMMITTEE"ON LEGISLATION, DEPARTMENT OF COLLECTIONS FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM CITIZENS SERVICES NO 4 SUBMISSION OF MONTHLY REPORT- MAY 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 May 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. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW RECEIVED AND FILED FROM THE CITY PLANNING BOARD NO 5 PLAN BD-SEQR-BFLO NIA MED CAMPUS 122 GOODRICH (ELL) State Environmental Quality Review Act Involved Agency Findings Statement Findings to Approve st Pursuant to Article 8 (State Environmental Quality Review Act - SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617, the City of Buffalo Zoning Board of Appeals, as an Involved Agency, makes the following findings. Name of Action: Buffalo Niagara Medical Campus - North End Development Global Vascular Institute and Clinical and Translational Research Center Applicant: Kaleida Health SEQRA Status: Type 1, Positive Declaration Description of Action: Kaleida Health and the University of Buffalo are proposing to construct the Global Vascular Institute/Clinical and Translational Research Center ("GVI/CTRC") at the comer of Ellicott and Goodrich Streets, Buffalo, New York. Location: 122 Goodrich St., Buffalo, New York Lead Agency: City of Buffalo Planning Board Agency Jurisdiction: Pursuant to §51 I-146 of the Charter and Code of the City of Buffalo ("Code") and New York General City Law §81- b, the City of Buffalo Zoning Board of Appeals ("ZBA") has jurisdiction to consider applications for variances from the requirements of the Code. Here, the Applicant is seeking a Height Variance from the limitation found in §511-41 of the Code. Date Final Generic Environmental Impact Statement Accepted: January 14, 2009 Date of Lead Agency's Findings Statement: January 27, 2009 Contact: William P. Grillo City of Buffalo Office of Strategic Planning 901 City Hall Buffalo, New York 14202 Phone: (716) 851-5086 COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW RECEIVED AND FILED NO 6 PLAN BD-SEQR-796 E. AMHERST ST AKA 24 WESTIMINTER AVE SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title: Westminster Charter School Building Addition Location: 796 East Amherst Street AKA 24 Westminster Avenue Type of Action: Unlisted-Coordinated Description: Kideney Architects on behalf of Westminster Charter School is proposing the construction of a building addition to the existing school located at 796 east Amherst Street (AKA 24 Westminster Avenue). The project will include a one-story addition of approximately 1,275 sf, to be used for the construction of a cafeteria and a food service area (interior), The addition is proposed to be constructed along the north elevation of the building on East Amherst Street. The addition would be constructed using masonry and pre- cast detailing to blend with the recently completed 2008 addition and the 1922 building, The addition will have a fully functioning sprinkler system. The project is privately funded in the amount of 800,000 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 This Determination: The facts and reasons for this decision are as follows: this project will allow for better utilization of space inside the existing building in regard to food service activities. The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851-5085 RECEIVED AND FILED NO 7 PLAN BD-SEQR-1,2,3 WEST CLEVELAND AVE SEQRA Notice of Determination Non Significance Negative Declaration This notice Js 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: The Gardens Office/Maintenance Building with Parking Lot Addition Location: 1,2,3, West Cleveland Avenue Type of Action: Unlisted-Coordinated Description: Affinity Reality Partners / Ken-Vil associates, LLP is proposing the construction of a office/maintenance/laundry facility with a new parking lot on the property located at 1,2,&3, We Cleveland, Buffalo New York. The project will include the construction of a one story building with landscaping and parking. A separate 29 apace parking lot with landscaping will also be constructed on the site. Interior rahab and exterior window and door replacement that is not subject to Citywide Site Plan and Design (Repair and updating to existing buildings) is also be presented as a courtesy. The repairs will include new bathrooms and kitchens, new flooring, fixtures and appliances, new interior doors as required, refinished hardwood floors, 22 handicap adaptable apartments and new roofs. Entry areas will be updated and windows installed. New landscaping will be added to each of the buildings where new entry ways are required. The buildings currently have vast green areas and plantings around the fronts of the existing buildings. The project is being funded by the New York State Housing Finance Agency and the New York State Division of Housing & Community Renewal. 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 allow for the for the continued success of a long standing apartment complex in the Kensington/Eggert Neighborhood updating the 276 Apartments for the tenants currently residing there and providing handicap accessibility to 22 units. The new maintenance facility/office will help to better serve the tenants of the apartments as well as the maintenance staff. The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect, There are no actions, which will have a significant adverse impact on the environment, For further information relative to this Negative Declaration, contact Mr., Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851-5085 RECEIVED AND FILED NO 8 PLAN BD-SEQR-391 EXCHANGE ST, AKA 467 LOUISIANA SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR - State Environmental Quality Review) of the Environmental Conservation Law, Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of BEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title: Amrex Chemical Co. LLC Location: 391 Exchange Street, AKA 467 Louisiana Type of Action: Unlisted-Uncoordinated Description: Hagoplan Engineering Consultants LLC on behalf of Amrex Chemical Co. is proposing the construction of a warehouse to the existing building located at 391 Exchange Street, AKA 467 Louisiana Street, Buffalo New York, The replacement construction is founded on caisson foundations drilled to rock approximately 13-1/2' below finished grade level. The structure of the replacement portion of this project will utilize a steel frame supporting new wood trusses with a shingle roof to match the existing roof lines and colors. The Exchange Street facade will be six inch CMUs backup faced with 4"/8" brick to match the existing block masonry on Exchange Street. Due to the nature of the materials being stored in this building, Amrex Chemical Co. falls under the auspices of the Homeland Security Agency and therefore no windows or doors or other openings that could be burglarized will he used. The first floor will be a concrete slab on structural steel and metal deck, foundation walls will be poured concrete grade beams, and the roof framing consists of structural steel, bar joists, metal roof deck and a membrane roof system. The insulation system will meet code in both the addition and replacement structure. The wall construction of the addition consist of insulated t2" CMUS on three exterior walls and a 12" CMU firewall that will separate the addition from the existing structure. The area of the replacement structure will be used for dry chemical storage that will include a dry pipe sprinkler system with the same densities and coverage as is in the rest of the warehouse. A new solvent storage area will be equipped with a dry pipe (foam) suppression sprinkler system. All lighting fixtures in the new solvent storage area will be explosion proof fixtures, all receptacles will be explosion proof and fire doors with thermally-equipped closures will be utilized at the loading dock and the access door from the existing warehouse side to the new solvent storage area. This area will be utilized for storage of palletized containers, and the area will be equipped with both thermal and vapor detection devices wired to a local security firm to provide early warnings of any heat or vapors that may generate. Landscaping will be added to the west entrance that will include Mugo Pines and Red Cedars as depicted on the site plan. There will be no additional storm water loads on the municipal system. Electrical demands are minimal, however an updated service will be installed. The project is privately funded in the amount of 50O.00Odollars. 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 allow for the for the rebuilding of a section of an existing building (demolished section) making it safer for both employees and a improved controlled environment for the material stored in the building, The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr., Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851-5085 RECEIVED AND FILED NO 9 PLAN BD-SEQR-10 & 15 LA RIVIERE DR SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action: Title: Erie Basin Wingate Inn Hotel Location: 10 & 15 La Riviera Drive Type of Action: Unlisted- Coordinated Description: J. W. Pitts Planning & Development LLC on behalf of Specialty Restaurant's is proposing the construction of a Wingate Inn Hotel by Wyndham and an adjacent building on the property located at 10 & 15 La Riviere Drive, Buffalo New York 14202. The proposed development will include the construction of a 98 room four story hotel and a10,500 square foot structure that would be used for cultural arts and specialty retail. The 10,500 square foot structure will be one story along the waters edge with the roof becoming a terrace for hotel activities. The parking is onsite at the ground level and will be increased with the use of the surface lot located at Shanghai Reds Restaurant next door to the proposed development. The amount of onsite parking at the ground level under the hotel building and outside on the surface lot is 56 spaces. This parking is screened by a perimeter wall along the old Erie Street right of way and the east side of the site. The onsite parking combined with Shanghai Reds Restaurant will have a total of 242 available spaces. The entrance to the hotel will be from Templeton Terrace with a two story glass lobby. The hotel building will be LEED certified (Leadership in Energy and Environmental Design) incorporating green designs. Brick facades, large windows, a natural roof with planters are included in the design A new outdoor urban plaza will be created Joining the hotel and the adjacent building with Shanghai Reds Restaurant along the waters edge. The plaza will become the entrance to the adjacent space as well as enhance the existing public access to the water area. The project is privately funded at an estimated cost of ten million dollars. The projected development schedule includes a 12 month construction period beginning in the spring of 2010. The project meets the requirements of the existing Waterfront Urban Renewal Plan, The Buffalo Waterfront Retail Development Area and the covenants of the local Waterfront Associations. A number of community meetings have been held with the developer and a public hearing was held with the City of Buffalo Planning Board. The Planning Board has taken the comments of the Waterfront Associations residents and neighboring property owners into consideration in regard to their decision. Many of the concerns raised at the Public Hearing and at other community meetings were not related to the State Environmental Quality Review Process (SEQRA) however comments that were related to SEQRA were considered in this determination. 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 complement the existing business, office space and recreational activities currently in place enhancing public access as well as providing employment during construction and cultural arts/specialty retail and hotel related jobs after the project is complete. The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851-5085 RECEIVED AND FILED NO 10 PLAN BD-SEQR-408 SOUTH PARK AVE Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 5 (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: Building Addition for use by Catholic Healthcare System Location: 408 South Park Avenue Type of Action: Unlisted-Uncoordinated Description: Ellicott Development is proposing the construction of a building addition to the existing building located at 408 South Park Avenue, Buffalo New York. The existing plaza is 17,447 square feet with the Big Basha Grocery Store, Catholic Health Systems and Family Dollar Store as the current tenants. The existing center is zoned C-2 however the recently purchased empty lot will require a rezoning as it is currently zoned R-3. The plaza will be expanded from 17,447 square feet to 35,619 square feet. The expansion is necessary in order to grow the services provided by the Catholic Health System. The health center currently occupies 7,500 square feet of the existing site. A new curb cut will be added along Louisiana Street as well as landscaping improvements, dumpster enclosures, a new fence along the perimeter bordering Hayward, Louisiana, and Fulton Streets. A gated arm will be used to control access to the entranceway. Parking for 121 vehicles will be provided however the requirement is 136 vehicle spaces. The request to allow for 121 vehicles will be handled though the zoning process. The owner is working on acquiring land in close proximity to the property that would add fifty parking spaces if the acquisition is successful. The project is privately funded in the amount of 2,550,000 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 This Determination: The facts and reasons for this decision are as follows: this project will allow the Catholic Health System to provide more service's to the many residents of the surrounding neighborhood including the Perry Housing Development that is located directly across from the center as well as provide temporary construction jobs and employment opportunities to medical professionals. The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect, There are no actions, which will have a significant adverse impact on the environment• For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202- 716 851-5085 RECEIVED AND FILED NO 11 PLAN BD-SEQR-128 SYCAMORE AKA 221033 PINE AVE (ELL) SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title: Eberl Iron Works Inc Location: 128 Sycamore AKA 21-33 Pine Avenue Type of Action: Unlisted- Coordinated Description: Eberl Iron Works is proposing the construction of a warehouse addition on the property located at 128 Sycamore AKA 21-33 Pine Avenue~ Buffalo New York. The project is an expansion of Eberl's existing facility at 128 Sycamore Street In downtown Buffalo. Eberl owns the vacant properties at 21 - 33 Pine Street including 108 Ash Street that will be combined into one parcel. The proposed project includes the construction of a new 8,500 square foot warehouse on the vacant parcel located at 21-33 Pine Avenue that will be connected to 128 Sycamore Street The addition will have a maximum height of 23 feet (no taller than their existing building. The warehouse will be used for the storage of sign posts and light weight safety grating. A Zoning Board area variance has been requested to assist with the successful completion of this project. Trucks will use North Pine to unload their product six to eight times per month. The project will be privately funded in the amount of 300,000 dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No farther 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 allow for the for the continued success of a long standing family owned business in the City of Buffalo and provide stability to current employees and possible future employment opportunities to City of Buffalo residents. The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202- 716 851-5085 RECEIVED AND FILED NO 12 PLAN BD-SEQR-256 WILSON ST (FILL) SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR- State Environmental Quality Review) of the Environmental Conservation Law. City of Buffalo Planning Board Room go1, City Hall 85 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Description: ESC, • square capital is proposing the construction of a parking lot on the property located at 258 Wilson Street, Buffalo New York. The project includes the conversion of four formally city owned vacant parcels of land into a twenty four space surface parking lot for use by the tenants of the forty three unit apartment building recently completed. The apartment complex is located across from the proposed parking lot On April 24, 2009, the City of Buffalo Zoning Board of Appeals granted a variance to construct the parking lot at this location. The project is privately funded with the estimated cost being approximately sixty thousand dollars. As I result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse artist 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 end reasons for this decision are as follows: this project will allow ESC e square capital to provide parking for the tenants of their recently completed apartment building. 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 York14202 - 716 851-5085 RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO 13 START PLAN-SEQR LEAD AGENCY DESIGNATION-TRUE BETHEL HOUSING CONSTR SEQR Lead Agency Designation, True Bethel Housing Construction True Bethel Baptist Church proposes to undertake the construction of three single family homes on vacant, City and Church owned land at 877-879, 883-885, and 884-886 Woodlawn Avenue. The project will be partially financed with assistance from the City under the HUD HOME Program. 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 an "Unlisted 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 Urban Renewal Agency proposes to act as the SEQR Lead Agency for this project, and respectfully requests the consent of the Common Council to this proposal. The project environmental assessment form is set forth below. RECEIVED AND FILED NO 14 STRAT PLAN-TRANSFER JURISDICTION 1131 LOVEJOY COB TO BD OF ED (LOV) The Office of Strategic Planning, Division of Real Estate, has received a request from the Buffalo Board of Education to transfer jurisdiction of 1131 Lovejoy from the City of Buffalo to the Buffalo Board of Education for a parking lot for school purposes. The property located at 1131 Lovejoy is a vacant parcel of land located on the west corner of Benzinger, Lot Size 67' x 133'. The City acquired 1131 Lovejoy in August 1979 for off-street parking purposes. This office has contacted the Board of Parking and the District Councilmember and they have no objections to transferring jurisdiction of this parking lot to the Board of Education upon the following: 1. The Board of Education will be responsible for the care and maintenance of the lot, including repaving when necessary, trash removal, snow removal, salting of parking lot and sidewalks and proper landscaping. 2. The Board of Education shall remove any signage stating the parking lot is a R.A.P.P. lot and return the signs to the Board of Parking. 3. The Board of Education shall provide reasonable access for public parking when the lot is not being used during school hours of operation or school functions on evenings and weekends. 4. The Board of Education shall post signs indicating time frames the lot is opened to the public for off-street parking and a telephone number of person responsible for the upkeep of parking lot. 5. If the Board of Education deems that they no longer need this property for school purposes, they will transfer jurisdiction of 1131 Lovejoy back to the City of Buffalo (Board of Parking) for parking purposes. The Division of Real Estate submitted the request to the Land Use Planning Committee and the Committee has no objections to transferring jurisdiction of 1131 Lovejoy from the City of Buffalo to the Buffalo Board of Education school purposes. The Office of Strategic Planning is recommending that Your Honorable Body approve the transfer jurisdiction of the above-mentioned property from the City of Buffalo to the Buffalo Board of Education based upon the above conditions. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated June 9, 2009, be received and filed; and That the Director of Real Estate be, and he hereby is authorized to transfer jurisdiction of 1131 Lovejoy from the City to the Board of Education for a parking lot for school purposes, with the conditions as listed in the above communication. That the Office of Strategic Planning prepare and execute the necessary agreement for the transfer. PASSED AYES - 9 NOES - 0 NO 15 START PLAN-UNITED HOUSE OF PRAYER FOR ALL PEOPLE REQ TO USE134, 136 &138 MONROE The Office of Strategic Planning, Division of Real Estate, has received a request from Saint Elder J. L. Webb, Pastor on behalf of the United House of Prayer for All People located at 60 Howard Street, Buffalo, New York to use 134 & 136 & 138 Monroe in conjunction with th the 90Anniversary Celebration of the Church on July 24-26, 2009. The United House of Prayer for All People will conduct church activities and a cook out for the public. They have agreed to obtain and provide proof of insurance in the amount of $1,000,000.00 naming the City of Buffalo as additional insured. The Land Use Planning Committee was contacted and they have no objections. I am attaching a copy of the proposed use agreement for your approval. The attached agreement is subject to approval as to form by the City of Buffalo, Corporation Counsel's Office. I am recommending that Your Honorable Body approve the request of United House of Prayer for All People upon the above terms and conditions. I am further recommending that the Office of Strategic Planning prepare and execute the necessary use agreement. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated June 9, 2009, be received and filed; and That the Director of Real Estate be, and he hereby is authorized to enter into a Land Use Agreement with The United House of Prayer for All People for use of 134, 136 and 138 Monroe to commence on July 24 through and including July 26, 2009, with the conditions as listed in the Land Use Agreement. That the Office of Strategic Planning prepare and execute the necessary use agreement and the Corporation Counsel be, and he hereby is authorized to approve as to form. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW PASSED AYES - 9 NOES - 0 FROM THE COMPTROLLER NO 16 CITY EMPLOYEES RECEIVING MULTIPLE SALARIES PRIOR COUNCIL REFERENCE: (ITEM NO. 94, C.C.P. 6/9/09) The information you are seeking does not reside in the Department of Audit and Control, however I believe the request has merit in the interests of transparency and accountability. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 17 INTERFUND CASH LOAN Certain Federal and State aided programs require a cash advance until the program is operating and reimbursement is received. I have reviewed the program listed below and determined the cash needs to be warranted. I have approved an interfund cash loan to be made in the maximum amount of $1,000,000 as needed subject to your approval. Loan is payable at date of reimbursement. FROM: 1000-General Fund TO: 3141 - Babcock Street Bridge Replacement GRANT TITLE: City of Buffalo - Babcock Street Bridge Over Norfolk Southern RR C#D017672 GRANT AGENCY: New York State Department of Transportation GRANT AMOUNT: $5,280,000.00 LOAN AMOUNT: Maximum of $1,000,000.00 Estimated Date of Repayment: June 30, 2010 Mr. Fontana moved: That the above communication from the Comptroller dated June 10, 2008, be received and filed; and That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund to the 3141 Babcock Street Bridge Replacement in the maximum amount of $1,000,000. The loan will be payable at date of reimbursement. PASSED AYES - 9 NOES - 0 NO. 18 NEED FOR IMMEDIATE AUDIT OF BURA AND BERC ITEM NO. 89 C.C.P. 6//9/09 I would like to advise Your Honorable Body that I have already begun an audit review of BERC in the wake of a newspaper investigation that disclosed some of the workings surrounding a defaulted restaurant loan. While this is beyond the traditional oversight of the comptroller, I nonetheless believe that public confidence in our development agencies demands that I conduct this enquiry, and that's what I'm doing. I would also like to use this opportunity to advise the Common Council that while I will consider all your requests concerning audits, it is the sole province of the Comptroller to decide what audits will be done and the scope of those audits. I respectfully request that Your Honorable Body respect the jurisdiction of the Comptroller in the matter of audits and formalize your requests accordingly. In the meantime, I will take under advisement your request for an audit of BURA. Of course, when I have completed my review of BERC, I will file a complete report of findings with the Common Council. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 19 REQUEST APPROVAL OF CERTIFICATE OF ADJUSTED BASE PROPORTIONS 2009 ROLL Attached find Certificate of Adjusted Base Proportions. I am respectfully requesting that Your Honorable Body approve the aforementioned Certificate pursuant to Article 19 of the Real Property Tax Law. Article 19 was added to the Real Property Tax Law in 1981 for the purpose of mitigating the shift of taxes to residential property as a result of reassessment in municipalities with a homestead and a non-homestead taxing system. A proportional ratio is established between the two classes in the base year, the roll used for certification as an approved assessing unit. For the City of Buffalo our base year is 1991. Thereafter each successive roll is adjusted for changes in the number and values of parcels in the two classes and the ratio is applied to determine the amount of the levy to be collected from each class of properties. This Certificate was prepared by the Department of Assessment and Taxation with the assistance of the New York State Office of Real Property Service, pursuant to the Real Property Tax Law and the Rules and Regulations of the Office of Real Property Service. Upon approval of this Certificate, kindly direct the City Clerk to sign, date and forward said Certificate to the New York State Office of Real Property Service, Equalization Rate Bureau, 16 Sheridan Avenue, Albany, New York 12210-2714. Also, kindly direct the City Clerk to furnish this department with a copy of the approved Certificate. Mr. Fontana moved: That the above communication from the Commissioner of Assessment & Taxation dated June 1, 2009, be received and filed; and That the Common Council approve the Certificate of Adjusted Base Proportions pursuant to Article 19 of the Real Property Tax Law. That the City Clerk be, and he hereby is authorized to sign, date and forward said Certificate to the New York State Office of Real Property Service, Equalization Rate Bureau, 16 Sheridan Avenue, Albany, New York 12210-2714. That the City Clerk be, and he hereby is authorized to furnish the department with a copy of the approved Certificate. PASSED AYES - 9 NOES - 0 NO. 20 REQUEST APPROVAL OF CERTIFICATE OF CURRENT BASE PROPORTIONS 2009 ROLL P Attached find Certificate of Base Percentages, Current Percentages and Current Base Proportions. I am respectfully requesting A that Your Honorable Body approve the aforementioned Certificate pursuant to Article 19 of the Real Property Tax Law. S Article 19 was added to the Real Property Tax Law in 1981 for the purpose of mitigating the shift of taxes to residential property as S a result of reassessment in municipalities with a homestead and a non-homestead taxing system. A proportional ratio is E established between the two classes in the base year, the roll used for certification as an approved assessing unit. For the City of D Buffalo our base year is 1991. Thereafter each successive roll is adjusted for changes in the number and values of parcels in the two classes and the ratio is applied to determine the amount of the levy to be collected from each class of properties. This Certificate was prepared by the Department of Assessment and Taxation with the assistance of the New York State Office of Real Property Service, pursuant to the Real Property Tax Law and the Rules and Regulations of the Office of Real Property Service. Upon approval of this Certificate, kindly direct the City Clerk to sign, date and forward said Certificate to the New York State Office of Real Property Service, Equalization Rate Bureau, 16 Sheridan Avenue, Albany, New York 12210-2714. Also, kindly direct the City Clerk to furnish this department with a copy of the approved Certificate. Mr. Fontana moved: That the above communication from the Commissioner of Assessment & Taxation dated June 1, 2009, be received and filed; and That the Common Council approve the Certificate of Base Percentages, Current Percentages and Current Base Proportions pursuant to Article 19 of the Real Property Tax Law. That the City Clerk be, and he hereby is authorized to sign, date and forward said Certificate to the New York State Office of Real Property Service, Equalization Rate Bureau, 16 Sheridan Avenue, Albany, New York 12210-2714. That the City Clerk be, and he hereby is authorized to furnish the department with a copy of the approved Certificate. PASSED AYES - 9 NOES - 0 FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 21 NOTIFICATION SERIAL #10490 REPEAL HANDICAPPED PARKING CHOATE AVENUE, SOUTH SIDE BETWEEN A POINT 343 FEET WEST OF ABBOTT ROAD [: AND A POINT 40 FEET WEST THEREFROM SOUTH DISTRICT HANDICAPPED PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 26 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: HANDICAPPED PARKING HANDICAPPED PARKING LOCATION PERIOD OF HANDICAPPED PARKING Choate Avenue, south side between a point 343 feet west of Abbott Road At all times and a point 40 feet west therefrom This action is being taken in conjunction with the opening of two-way traffic on this block of Choate Avenue (see Notification Serial # 10265) to provide for the safe flow of traffic. NOTIFICATION SERIAL #10491 REPEAL NO PARKING ON CHOATE AVENUE, SOUTH SIDE [: BETWEEN MERCY STREET AND ABBOTT ROAD SOUTH DISTRICT NO PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Choate Avenue, south side between 1:30 AM TO 7:00 AM Mercy Street and Abbott Road This action is being taken in conjunction with the opening of two-way traffic on this block of Choate Avenue (see Notification Serial #10265) to provide for the safe flow of traffic. NOTIFICATION SERIAL #10492 INSTALL NO STANDING ON CHOATE AVENUE, SOUTH SIDE BETWEEN MERCY STREET AND ABBOTT ROAD SOUTH DISTRICT NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Yo0r Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Choate Avenue, south side between At all Times Mercy Street and Abbott Road This action is being taken in conjunction with the opening of two-way traffic on this block of Choate Avenue (see Notification Serial #10265) to provide for the safe flow of traffic. NOTIFICATION SERIAL #10494 INSTALL HANDICAPPED PARKING PEARL STREET, WEST SIDE PARKING METER NUMBER 142 ( ELLICOTT DISTRICT) HANDICAPPED PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days aider the first Council meeting at which they appear on the agenda as an item business• That that part of Subdivision 26 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: HANDICAPPED PARKING HANDICAPPED PARKING LOCATION PERIOD OF HANDICAPPED PARKING Pearl Street, west side At all times Parking Meter number 142 This action is being taken at the request of Guaranty Building Associates to make better use of curbside space at this location in conjunction with relocation of loading zone. (see previous serial) WAIVE 45 DAYS RECEIVED AND FILED NO. 22 AUDIT REPORT CITY OF BUFFALO RECYCLING PROGRAM 1/1/2005-5/31/2008 ITEM NO 8 4/28/2009 The Department of Public Works, Parks and Streets hereby submits the following reply to the Department of Audit and Control's "Audit Report on the City's Recycling Program" submitted to the Buffalo Common Council on April 28, 2009. This department agreed with many of the recommendations and findings of the report and we have begun to take steps to comply with several of the points raised by the audit. The attached reply to the audit, the audit itself and any subsequent discussion that may occur with the Buffalo Common Council and our department concerning the City of Buffalo's Recycling Program will benefit the recycling service provided to the residents of this City and the environment in which we live. REFERRED TO THE COMMITTEE ON FINANCE, NO. 23 CORRECTED COPY OF TRADE IN OF VEHICLES CCP# 16 6/9/2009 THE DEPARTMENT OF PUBLIC WORKS, DIVISION OF WATER, IS REQUESTING PERMISSION TO TRADE IN THE LISTED BELOW VEHICLES.FOR THE PURCHASE OF A NEW CARGO VAN WITH FUNDS FROM AMERICAN WATER SERVICES THE NEW VEHICLE WILL NOT BE A TAKE HOME VEHICLE IT WILL BE UTILIZED IN THE METER SHOP.. TRADE IN OF W-152 1994 CHEVY PU TRADE IN OF W-176 1997 CHEVY Sl0 TRADE IN OF W-174 1997 CHEVY S-10 TRADE IN OF W-173 1997 CHVY S-10 TRADE IN OF W-201 1998 JEEP CHERK. TRADE IN OF W-158 1997 CHEVY C2500 TRADE IN OF W159 1994 CHEVY C2500 TRADE IN OF W166 1997 CHEVY G20 VAN Mr. Fontana moved That the above communication from the Commissioner of Public Works, Parks and Streets dated June 1, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets, Division of Water be, and he hereby is authorized to trade in the listed above vehicles for the purchase of a new cargo van with funds from American Water Services. That there be no increase in the number designated as authorized for take-home use, there be no increase in the number designated as marked and unmarked in accordance with Chapter 53 of the City Code and the exceptions thereto granted by this Common Council, and that the replaced vehicles be removed from City service and disposed of in the best interests of the City. PASSED AYES - 9 NOES - 0 NO. 24 INFORMATIONAL ITEM JOHNNIE B. WILEY SPORTS COMPLEX REDEVELOPMENT ELLICOTT DISTRICT This item is to inform Your Honorable Body that the Buffalo Board of Education is approving the following contracts as listed below. General Contractor:: Anastasi Trucking and Paving 4430 Walden Avenue Lancaster, New York 14086 PROGRAM DESCRIPTION PURPOSE: Grant funding from The Department of Housing and Urban Development (HUD) and the National Football League Local Initiatives Support Corporation (NFLISC) for redevelopment at the Johnnie B. Wiley Sports Complex. Per the terms of the grants, work in this project and is limited to improvements including artificial turf and synthetic trade surfacing, site drainage, site lighting, scoreboards and equipment to the Football/Soccer Field, ]'rack and Baseball Field, and locker and toilet room upgrades in the Maintenance/Storage Building. All work will be done in accordance with drawings and specifications developed by DiDonato Associates, Engineering trod Architecture P.C. in collaboration with Plant Services and School Planning. NUMBER OF PROPOSALS: 4 Anastasi Trucking and Paving $1,745,499.00 4430 Walden Avenue Lancaster, New York 14086 Mark Cerrone Inc. $1,785,487.00 P.O. Box 3009 Niagara Falls, New York 14304 Pinto Construction Services, Inc. $2,161,300.00 1 Babcok Street •••••••• Buffalo, New York 14210 R.W. Construction, Inc. $2,482,375.00 65 Mid County Drive Orchard Park, New York 14127 TIMELINE: June 2009 to June 2010 ADVERTISING: Buffalo News 5/6/09 Buffalo Rocket 5/7/09 Buffalo Challenger 5/6109 COST/SOURCE OF FUNDING: $1,745,499.00 FUND NUMBER: F1631 From City of Buffalo HUD Grant $1,545,499.00 F0003BI6 293 JAL LISC - NFL Grant $200,000.00 This Grant can only be used for work on this project. PROGRAM DESCRIPTION PURPOSE: grant funding from The Department of Housing and Urban Development IHUD) and the National Football League Local Initiatives Support Corporation (NFIASC) for redevelopment at the Johnnie B. Wiley Sports Complex. Per the terms of the grants, work in this project and is limited to Improvements including artificial turf and synthetic trade surfacing, site drainage, site lighting, scoreboards and equipment to the Football/Soccer Field. Track and Baseball Field, and locker and toilet room upgrades in the Maintenance/Storage Building. All work will be done in accordance with drawings and specifications developed by DiDonato Associates, Engineering and Architecture P.C. in collaboration with Plant Services and School Planning. NUMBER OF PROPOSALS O'Connell Electric Company 929 B Bransom Road Lancaster, New York 14086 TIMELINE: June 2009 to June2010 ADVERTISING: Buffalo News 5/6/09 Buffalo Rocket 5/7/09 Buffalo Challenger 5/6/09 COST/SOURCE OF FUNDING: $140,800.00 FUND NUMBER: H631 From City of Buffalo HUD Grant This Grant can only be used for work on this project. N=Mechanical/Plumbing Contractor: J.R. Swanson Plumbing Co.Inc. 413 103 rd. Street Niagara Falls, New York 14304 PROGRAM DESCRIPTION PURPOSE: Grant funding from The Department of Housing and Urban Development (HUD) and the National Football League Local Initiatives Support Corporation (NFLISC) for redevelopment at the Johnnie B. Wiley Sports Complex. Per the terms of the grants, work in this project and is limited to Improvements including artificial turf and synthetic trade surfacing, site drainage, site lighting, scoreboards and equipment to the Football/Soccer Field, Track and Baseball Field. and locker and toilet coma upgrades in the Maintenance/Storage Building. All work will be done in accordance with drawings and specifications developed by DiDoneto Associates, Engineering and Architecture P.C. in collaboration with Plant Services and School Planning. NUMBER OF PROPOSALS: 1 J.R. Swanson Plumbing Co. Inc. 413 103 rd Street Niagara Falls, New York 14304 TIMELINE: June 2009 to June 2010 ADVERTISING: Buffalo News 5/6/09 Buffalo Rocket 5/7/09 Buffalo Challenger 5/6/09 FUND NUMBER: H631 From City of Buffalo HUD Grant This grant canonly, be used t0r work on this project. " RECEIVED AND FILED NO. 25 RECEIVED PERMISSION TO INCREASE CONTRACT AND FILED DIDONATO ASSOCIATES SOUTH PARK IMPROVEMENTS CONTRACT #93000245 SOUTH DISTRICT I hereby submit to Your Honorable Body the following change for this contract. DiDonato Associates is the engineering consultant for the South Park Avenue Improvements project. This project includes the study, detailed design and construction management/inspection. This increase is necessary to incorporate detailed design for the TEP grant awarded the City for South Park Avenue and Tifft Street. This grant award is part of the overall South Park Improvement project and is federally funded. The funding will be 80% Federal, 15% State and 5% City. I certify that his increase is fair and equitable for the work involved and I 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 $29,990. Of this amount, 5% or ~ is the City share of the change. The Federal and State portions (95%) have already received approval. The funds are available in Capital Projects Account #31790006-445500. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 17, 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 DiDonato Associates, an increase in the amount of $29,990, as more fully described in the above communication, for work relating to South Park Improvements, Contract #93000245. Funds for this project are available in Capital Projects Account #31790006-445100. PASSED AYES - 9 NOES - 0 NO. 26 REPORT OF BIDS CITY COURT ELEVATOR UPGRADE JOB #0937 ELLICOTT DISTRICT I sent out Requests for Proposals on April 14, 2009, and received the following formal sealed bids for City Court, Elevator Upgrade, which were publicly opened and read on May 7, 2009. Bison Elevator $165,622.00 295 Main, Buffalo, NY Schindler Elevator $199,458.00 80 Curtwright, Williamsville, NY Access Elevator & Lift No Bid 1209 East Second, Jamestown, NY DCB Elevator No Bid P 0 Box 426, Lewiston, NY Elevator Maintenance of Bflo No Bid 701 Seneca, Buffalo, NY Otis Elevator No Bid 354 Sonwil, Buffalo, NY Ikeco Renovation No Bid 111 Shirley, Buffalo, NY Thyssen Krupp Elevator No Bid 2495 Walden, Buffalo, NY Gallagher Elevator No Bid 135 South Division, Buffalo, NY Metro Elevator No Bid 3110 N Ritter, Indianapolis, IN I hereby certify that the foregoing is a true and correct statement of all bids received and that Bison Elevator Co., with a bid of One Hundred Sixty Five Thousand Six Hundred Twenty Two and 00/100 Dollars ($165,622.00), 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 39162906-445100 ($158,117.00) & 30125506-445100 ($7,505.00) - Buildings. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 10, 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 City Court, Elevator Upgrade, Job #0937, to Bison Elevator Co., the lowest responsible bidder, in the amount of $165,622.00. -Funds for the project are available in 39162906-445100 ($158,117.00) & 30125506-445100 -Buildings. PASSED AYES - 9 NOES - 0 NO. 27 REPORT OF BIDS ERIE CANAL HARBOR STREETS PHASE 2 PIN #5755.99 FILLMORE DISTRICT This is to advise Your Honorable Body that I have advertised and received bids on June 10, 2009 The lowest three bids received were: Contractor Base Bid Total Bid Price Mark Cerrone, Inc. $2,482,962.00 $2,607,110.10 P.O. Box 3009 Niagara Falls, NY 14303 Destro & Bros. Conrete Co., Inc. $2,683,300.00* $2,817,465.00 411 Ludington St. Buffalo, NY 14206 North America Construction $2,779,314.95* $2,918,280.70 1417 Alleghany Rd. Attica, NY 14011 *Corrected Amount I hereby certify that the lowest responsible bidder for the above project is Mark Cerrone, Inc. and I respectfully recommend that Your Honorable Body authorize a contract award to Mark Cerrone, Inc. in the amount of $2,607,110.10. (Base Bid of $2,482,962.00 + [5% unit price increases] $124,148.10 equals [Total Award] $2,607,110.10). The engineer's estimate for this work is $3,314,605.00. This project is a 95% reimbursed Federal Aid Highway Project and funds for this project are available in our Capital Account #35872606- 445100. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 15, 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 Erie Canal Harbor Streets - Phase 2, PIN #5755.99, to Mark Cerrone, Inc., the lowest responsible bidder, in the amount of $2,607.110.10 (Base Bid of $2,482,962 + [5% unit price increases] $124,148.10 equals a Total Award $2,607,110.10. This project is a 95% reimbursed Federal Aid Highway Project and funds for this project are available in PASSED AYES - 9 NOES - 0 FROM THE COMMISSIONER OF POLICE NO. 28 ANNUAL ACTION PLAN 2009-1019 In response to your letter dated May 27, 2009, the Annual Action Plan 2009-2010, "Enhancing Our Environment" and Public Safety Initiatives: 1. "Use Crimereports.com to Combat Crime" The Buffalo Police Department has implemented the use of "Crimereports.com" effective 1000hrs, May 29, 2009. The website is available through both the Buffalo Police Department website as well as the City of Buffalo website and has also been linked to the local media including the Buffalo News. 2. Equip the Buffalo Police Department with Hand Held Tinted Window Scanners" The Buffalo Police Department has such scanners and has been using them for a number of years. 3. Create a Text-a-tip Program The Buffalo Police Department is researching an add-on to our existing '~tip line" at this time. Should you have any questions, please contact this office. Very truly yours, Inspector, A & C REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 29 CONTRACT FOR PHASE 11 OF THE CITYWIDE VIDEO SURVEILLANCE CAMERA PROJECT The Buffalo Police Department has sought authorization for the purchase of 51 surveillance cameras as the Department prepares to implement Phase II of this successful citywide crime fighting program. Attached please find the list of Phase II camera locations as recommended by the Buffalo Police Department. As has been conveyed on numerous occasions, surveillance cameras are a tool used by the Buffalo Police Department in fighting crime. And while the cameras that have been deployed in Phase I of the program have proved to be extremely effective in Police Department crime fighting activities, we are well aware of the fact that they could never replace the active deployment of police officers throughout the city. This is a fact that is shared by police departments across the nation that have installed surveillance cameras to reinforce their anti- crime strategies. Given that the cameras are one of several crime fighting tools in the Buffalo Police Department, it is important that the Department determine their placement based on several important criteria, notably crime data. With that fact in mind, the Phase II camera locations were chosen by Buffalo Police Department based on the following criteria: Crime Statistics Complement Homeland Security Efforts Availability of Necessary Power Clear Line of Sight What also must be considered is our original placement of cameras in Phase I. Phase II sites were selected to complement, but not overlap our current camera coverage in the City. Limitations as to placement of cameras were also a concern. Although a particular site may meet the above criteria, actually locating a camera at that site may be a challenge or even impossible. Factors such as unavailability of electric power or a line of sight to relay points may prohibit canaera placement. These factors play into the effectiveness or return on investment of placing the cameras throughout the city. Placing a camera in an area that has a dense tree canopy inhibits the view from the camera, thereby severely limiting its usefulness. Placing a camera where a large circumference of views is available maximizes its effectiveness. Areas that are surrounded by buildings or other obstacles limit camera views in several directions, minimizing their effectiveness and the return on investment. Repeated visits were made to many sites before deciding on final camera placement locations. Final recommendations were made on the best use of these cameras for public safety based on professional police data and input. Cameras are not our only way to combat crime. Good, strategic planning and operations are vital to combating crime; cameras are only one part of our overall crime fighting effort in Buffalo. REFERRED TO THE COMMITTEE ON FINANCE NO. 30 PROPOSAL FROM EM SYSTEMS I hereby submit to Your Honorable Body the following proposal from EM Systems to upgrade the existing Buffalo Police Department network and provide programming and further technical services and assistance to the Buffalo Police Department. Specifically, EM Systems proposes to supply the City of Buffalo Police Department with the Mobile Police Reports, AVL and software modules as described fully in the work scope section of the proposal. In addition, these upgrades will augment the development of the TRACS system, provide necessary upgrades to the CHARMS and CAD systems, and provide for training, maintenance and support for the programs installed. EM Systems is currently under New York State contract to provide these services. Costs and the scope of work have been reviewed by the Department of Police, Planning and Analysis Unit and were found to be fair and equitable. Funds for this project are being provided through Drug Asset Forfeiture funds, account #20010006 45000. Thank you in advance for your cooperation and expediency in addressing this matter. Mr. Fontana moved: That the above communication from the Commissioner of Police dated June 10, 2009, be received and filed; and That the Commissioner of Police be, and he hereby is authorized to enter into a contract with EM Systems to upgrade the existing Buffalo Police Department network. Funds for this project are being provided through Drag Asset Forfeiture funds account #20010006 45000. PASSED AYES - 9 NOES - 0 FROM THE COMMISSIONER OF FIRE NO. 31 2100 FIRE AGREEMENT WITH REVENUE RESCUE INTERMEDIX We are requesting approval to enter into an agreement with Revenue Rescue Intermedix, 425 Round Rock West, Round Rock, Tx 78681 to handle the invoicing for fire rescue/cost recovery services for the Buffalo Fire Department. The RFP was sent out for formal bid and Revenue Rescue was awarded the contract. The contract is in the process of being finalized by the Law Department. We currently have a vendor providing this service and the funds are appropriated in our budget. REFERRED TO THE COMMITTEE ON FINANCE FROM THE CORPORATION COUNSEL NO. 32 ABANDONMENT AND SALE OF A PORTION OF GOODRICH STREET BETWEEN ELLICOTT AND MICHIGAN APPROXIMATELY 67' WIDE BY 1057'LENGTH (ITEM NO. 4, C.C.P., 2/17/2009) The Department of Law is submitting the attached Sale Agreement for the Common Council's final approval per the instructions of the Common Council as set forth in Item No. 4, C.C.P., February 17, 2009. The Corporation Counsel respectfully requests that the Common Council approve the attached Agreement for the sale of a portion of Goodrich Street and further authorize the Mayor to execute the Agreement and a deed to Kaleida Health as set forth in the Agreement. The 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 Agreement. The sale price being paid to the City is $1,100,000. The closing of the sale is expected to be within the next few months. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 33 FOOD STORE (NEW) 1256 HERTEL (DELAWARE) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1256 Hertel (Mecca International Foods ) 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. 34 FOOD STORE (NEW) 1199 KENSINGTON (UNIVERSITY) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1199 Kensington (Ken & Surf Get It & Go Food Mart) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. DENIED NO. 35 FOOD STORE (NEW) 2312 MAIN (DELAWARE) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 2312 Main (Parkside Community Market) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and 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. 36 LODGING HOUSE LICENSE 1049 ELMWOOD (NORTH) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Lodging House License located at 1049 Elmwood Ave and find that as to form is correct. I have caused an investigation into the premises for which said application for a Lodging House license is being sought and according to the attached reports from the Zoning Office, Fire Department, Police, Health Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of David Guidi. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TH£ COMMITTEE ON LEGISLATION NO. 37 LODGING HOUSE LICENSE 83 PROSPECT (ELLICOTT) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Lodging House License located at 83 Prospect Ave and find that as to form is correct. 1 have caused an investigation into the premises for which said application for a Lodging House license is being sought and according to the attached reports from the Zoning Office, Fire Department, Police, Health Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Dmitry Fayblyum. The attached thereto for Dmitry Fayblyum d/b/a Big Star Development LLC. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO. 38 FILING ALL CORRESPONDENCE BETWEEN COB & HUD RE: HUD'S RECENT CDBG PROGRAM (ITEM NO. 74, C.C.P. 5/ 12/09) After meeting with officials from the U.S. Department of Urban Development (HUD), including the Deputy Regional Director, the Mayor appointed me to be the official representative to HUD for the City of Buffalo. Consequently, this response to your honorable body's May 14, 2009 request for all correspondence between the City of Buffalo and HUD pertaining to HUD's recent findings regarding the Community Development Block Grant Program (CDBG) is conveyed to you with this filing under my signature. Enclosed, as we committed when your honorable body first requested this information, once all filings between the city and HUD regarding its review of the CDBG program were completed and submitted to HUD, we would promptly comply with this request. The final communication to HUD was presented on June 9, 2009. With this filing, we are complying with your request at the first available council filing deadline following HUD's receipt of this communication. The enclosed information includes the 30-day, 45-day, 60-day, and 90-day responses required by HUD. Attached is a June 16, 2009 letter from HUD's Deputy Regional Director acknowledging the city's "timely" response to all information requested by HUD. The letter further notes the progress the city is making with HUD and the "positive steps" that the city has taken to "increase the city's effectiveness in carrying out its CDBG program", with several of its findings already addressed by the city. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING NO. 39 APPROVAL OF SERVICE CONTRACT IN THE AMOUNT OF $48,000.00 WITH THE BACK TO BASICS ORGANIZATION. CONTRACT EFFECTIVE JULY 1, 2009 - JUNE 30, 2010. The City of Buffalo Department of Community Services & Recreational Programming (the "Department") is positioned to fund $75,000 to the Police Athletic League of Buffalo, Inc. ("PAL") for purposes of funding a portion of the Buffalo Niagara Film Commission's ("BNFC") mission in 2009 to develop and assist in film, television and video production throughout the City of Buffalo and Western New York. Accordingly, the Department requests your Honorable Body to: 1. Grant the Commissioner and the Department the specific authority to enter into the attached Agreement and fund $75,000 from the Department to PAL pursuant to the terms and provisions of the Agreement for purposes of partially funding BNFC's 2009 mission to facilitate and expand film, television and video production in the City of Buffalo, Authorize the Department and or other appropriate City staff to take all such steps and actions and to execute and or process such additional documentation and or modifications thereto as shall be necessary to facilitate the terms and provisions of the Agreement, and Direct the Corporation Counsel and other appropriate City and Department personnel to negotiate to finalization said Agreement and other necessary documentation and agreements wherever necessary for execution and actual implementation. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 40 APPROVAL OF CONTRACT IN THE AMOUNT OF $75,000.00 WITH THE POLICE ATHLETIC LEAGUE (PAL) FOR PROGRAM ASSISTANCE TO THE BUFFALO NIAGARA FILM COMMISSION. THIS CONTRACT IS EFFECTIVE JULY 1, 2009 JUNE 30, 2010. The City of Buffalo Department of Community Services & Recreational Programming (the "Department") is positioned to fund $75,000 to the Police Athletic League of Buffalo, Inc. ("PAL") for purposes of funding a portion of the Buffalo Niagara Film Commission's ("BNFC") mission in 2009 to develop and assist in film, television and video production throughout the City of Buffalo and Western New York. Accordingly, the Department requests your Honorable Body to: 1. Grant the Commissioner and the Department the specific authority to enter into the attached Agreement and fund $75,000 from the Department to PAL pursuant to the terms and provisions of the Agreement for purposes of partially funding BNFC's 2009 mission to facilitate and expand film, television and video production in the City of Buffalo, Authorize the Department and or other appropriate City staff to take all such steps and actions and to execute and or process such additional documentation and or modifications thereto as shall be necessary to facilitate the terms and provisions of the Agreement, and Direct the Corporation Counsel and other appropriate City and Department personnel to negotiate to finalization said Agreement and other necessary documentation and agreements wherever necessary for execution and actual implementation. REFERRED TO THE COMMITTEE ON FINANCE NO. 41 APPROVAL OF SERVICE CONTRACT IN THE AMOUNT OF $30,000.00 WITH THE UNIVERSITY OF BUFFALO FOR THE NEXT GENERATION SCIENTIST PROGRAM. CONTRACT IS EFFECTIVE JULY 1, 2009- JUNE 30, 2010. Phase I A 6 week (half day) summer program in which 25 students are given hands on instruction on basic computer programming using a language such as Java, Perl, or PHP (to be determined). The course would consist of a combination of lectures and on-site programming assignments, in which the students receive guidance from staff as they work to achieve a particular programming assignment. Throughout the school year, participants will meet on a monthly basis to continued instruction to retain their programming skills. Phase II The following summer, graduates of the Phase I basic programming course will take a second 6 week advanced course in programming that would introduce them to topics such as database programming, graphical user interface (GUI) design, web services, etc. Incorporated into the course will be examples of tools that will be of use to labs throughout the Center of Excellence (UB, Roswell Park, Hauptman-Woodward). These tools may include the development of databases, web-based interfaces, graphical analysis tools, etc. The participants also participate in a day- or week-long placement of student teams into these labs, to learn about lab operation and to see the computing needs of the lab. It is anticipated that interested students are invited to work in the research labs throughout the academic year under the supervision of a computational scientist from UB's Center for Computational Research. REFERRED TO THE COMMITTEE ON FINANCE NO. 42 VACANCIES AND COMMUNICATION DEVICES Information regarding vacancies and communication devices Community Services: 1. Associate Account Clerk 7/20/07 Substance Abuse: 1. Administrative Assistant (Stenographic Secretary) 1/31/09 Senior Services 1. Senior Citizens Specialist 12/04/08 Employee with cell phone/smart phone 1. Tanya Perrin Johnson- Commissioner a. Blackberry- Voice and Data Plan $900 Yearly 2. Stanley Depczynski- Senior Services Van Driver a. Voice Cell Phone- $480 Yearly 3. Joseph Provenzano- Senior Services Van Driver a. Voice Cell Phone- $480 Yearly Gas Cards- City Garage 1. Stanley Depczynski- Senior Services Van Driver 2. Joseph Provenzano- Senior Services Van Driver REFERRED TO THE SPECIAL COMMITTEE ON BUDGET BUFFALO PRESERVATION BOARD NO. 43 APPLICATIONS FOR LANDMARKS/LANDMARK SITES HEATH HOUSE- DAVIDSON HOUSE The Buffalo Preservation Board recommends that the attached applications for City of Buffalo Local Landmark designation be approved by Buffalo Common Council. The applications were initiated and prepared by the Preservation Board as a result of the recognition of the historic and cultural value that these properties offer the City of Buffalo. Both houses meet most, if not all, of the criterion for designation as local and National landmarks. Below is an overview of their significance. • "Heath House" One of four remaining houses designed by Frank-Lloyd Wright in the Buffalo area, the Heath house was completed in 1905 and is considered a precursor to Wright's renowned Robie house built in Chicago in 1909, and is an important example of Wright's Prairie style. • "Davidson House" Also designed by Frank Lloyd Wright, the Davidson House was completed in 1908 and embodies many typical characteristics of Wright's work while also including some unique and atypical features. The applications were prepared and reviewed by the Preservation Board in accordance with Chapter 337 Article III of City Charter. According to Chapter 337, "any person, group of persons, or association may request designation of a landmark, landmark site, or an historic district by submitting an application for designation... The preservation Board may also initiate proceedings for designation of a landmark, landmark site, or historic district." The attached applications were reviewed by the Buffalo Preservation Board, and are being forwarded to Common Council for their review. Also attached is the section of City Charter that pertains to the local landmark designation process. Below are the names and addresses of the property owners. The Heath House: Ms. Nancy Schmld 60 Knollwood Lane Williamsville, NY 14221 The Davidson House: Mr. Russell Maxwell 312 Summer Street Buffalo, New York 14222 REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE CITY CLERK NO. 44 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 84 Reiman St Zirpola's Bar & Grill Tiffany Zirpola 382 Abbott Road 382 Abbott Road Daniel Conlon 88 W. Chippewa Croc Bar Incorporated Croc Bar Inc RECEIVED AND FILED NO. 45 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Police- Tabitha R. Pitts RECEIVED AND FILED. NO. 46 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 June 3, 2009 in the Department of Common Council, Division of South District to the Position of Intern VI, Unclassified, Non Competitive at the flat Starting Salary of $10.000/hr Kaitlin Krug, 43 Ward Ct, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment Effective July 1, 2009 in the Department of Common Council, Division of Fillmore District to the Position of Intern V, Unclassified, Non Competitive at the flat Starting Salary of $8.00/hr Anastasia Tielman, 65 Ketchum PL, Buffalo, NY 14213 NO. 47 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. CERTIFICATE OF APPOINTMENT Appointment effective June 8, 2009 in the Department of Economic Development, Permit and Inspection Services, Division of Inspections to the Position of Sr Typist, Temporary Appointment at the minimum Salary of $30,270.00 Christopher P. Hawley, 15 Plymouth Ave, Buffalo, NY 14201 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO48 D. ALEXANDER-REQUEST REPORT CONCERNING BERC INVOLVEMENT IN ONE SUNSET Dear Mr. Locurto: th Thank you for your correspondence dated June 4, 2009 ("June 4Correspondence") wherein you request access to "a report concerning [Buffalo Economic Renaissance Corporation's] involvement in the One Sunset matter." The memorandum you requested has been turned over to the City's Comptroller in connection with the Department of Audit and Control's audit of BERC programs including the One Sunset transactions. As you know, this review is currently in progress. To avoid prejudicing the Comptroller's review and to avoid an unwarranted invasion of personal privacy of BERC employee(s), BERC leaves its release decision prior to the completion of that review to the Comptroller. Very truly yours, Buffalo Economic Renaissance Corporation Divitta M. Alexander, Esq REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT’ NO 49 LP CIMINELLI-BOARD PACKETDOCUMENTS JUNE 2009 Attached are the following documents from the Joint Schools Construction Board meeting scheduled on June 1, 2009: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated May 4, 2009 3. Fully Executed Phase III Application and Certificate for Payment No. 25R - April 2009 4. Phase III Application and Certificate for Payment No. 26 - May 2009 5. Phase 1V Application and Certificate for Payment No. 11 - May 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 - April 2009 8. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase III- April 2009 COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW RECEIVED AND FILED NO 50 C. GRIFFASI-B A SPORT What does “B A Sport" mean? B A Sport is a phrase commonly used when discussing sports. It means playing by the roles, using your strengths, and working with your teammates to accomplish a common goal. B A Sport is about following proper etiquette when involved in a sport. It's about displaying sportsmanship, in addition to showing compassion for individuals on the other team. B A Sport encompasses all of these concepts, but it is much more than just a phrase referenced at sporting events. B A Sport is about values, ethics, and ultimately, an individual's character. When carefully examined, these qualities can be applied to everyday life. For example, playing a particular position in sports can then transfer to applying yourself to a particular position at work. Following the rules of a sport, and playing fair, can carry over to business ethics. Learning to get along with teammates teaches students to get along with their classmates at school. The Logo The B A Sport logo is a visual reminder to play fair in everything we do. The logo was created using the nation's red, white, and blue colors. In doing so, the patriotic spirit that our country was founded on can be kept front and center. The B A Sport logo can be seen at over 90 locations including Ralph Wilson Stadium (Buffalo Bills), HSBC Arena (Buffalo Sabres), and Buffalo and Erie County parks and community centers. Our Commitment Although many of us are currently going through challenging times, we know that our nation's true character will help us prevail. These challenges exist in sports, school, at home, and in the work place. What would happen if, when an issue occurred, the individual or individuals involved simply thought of one simple phrase..."B A Sport." Would the world be in the same place that it is today? Would athletes be taking performance enhancing drugs? Would "financial advisors" be laundering money from their clients? You could even go as far as asking yourself if there would be as much violence if every issue was handled under the umbrella of B A Sport. International All-Star Sports Council is committed to promoting and displaying "B A Sport" throughout the US. In doing so, we can refocus on the importance of values, ethics, and character. International All-Star Sports Council requests of Buffalo Common Council: 1.) A proclamation from the Buffalo Common Council declaring September 2009 "BOA Sport Month." 2.) Encompassed within tibia request, we ask that the B A Sport banners be supplied and installed by the Buffalo Common Council. A.) We would like them to be installed strategically around city hall, as well as on the lampposts around Niagara Square. B.) We would like for these banners to remain up for the entire month of September. 3.) Within tile month of September, we would like to highlight a 2-hour media event. A.) This event would have I representative from the sports, education, business, and family arena. B.) This event would be promoted through the local news and then continue to be shown over the internet via our website. International All-Star Sports Council to provide to the Buffalo Common Council: 1.) By granting this request, we would be honored to have the Buffalo Common Council logo represented on the banners around city hall, as well as on the home page of our websites. A.) This will highlight the joint partnership between the Buffalo Common Council and the International All-Star Sports Council. B.) This will also bring further recognition to the dedication the Buffalo Common Council has to the city of Buffalo. The International All-Star Sports Council intends to continue to build on the "B A Sport" program with such events as the B A Sport used sporting equipment drive, B A Sport 5K rtm, B A Sport golf outing, and the B A Sport parade, further bringing additional income and attention to the city of Buffalo. Thank you for taking the time to listen to our proposal, and we look forward to continuing to work together in enriching the city of Buffalo and cities and communities throughout the US. REFERRED TO THE COMMITTEE ON LEGISLATION NO 51 S. HANADA-MODERN DISPOSAL SERVICES FOR 1285 WILLIAM ST Re: Buffalo Halal Market To Whom It May Concern: The above referenced property will be utilizing Modern Disposal Services, Inc. for their solid waste disposal services, One (1) - two (2) cubic yard container for trash, serviced six (6) days per week. If you need any further verification, please contact me at (716) 754-5226, extension 274, Sincerely Steven P. Hanaka Account Executive Modern Disposal Services, Inc, RECEIVED AND FILED & DEPARTMENT OF PUBLIC WORKS NO 52 HAMAD JAARAH-1285 WILLIAM ST. SLAUGHTERHOUSE-RESULTS OF INSPECTIONS FOR LIVE POULTRY BUSINESS IN NEW YORK CITY COPY AVAILABLE IN THE CITYCLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON LEGISLATION. NO 53 M. KEARNS-RELOCATING BICYCLE MUSEUM TO WATERFRONT Gerald Chwalinski I would like to file the attached information for the next Common Council meeting to be held on June 23, 2009. Thank you. Daniel and JoAnne Viapiano 51 Sunbriar Drive West Seneca, New York 14224 March 29,2009 Dear Mr. Kearns: This past Saturday, my husband and I took our 10 year old niece on a day of fun and adventure in the Western New York area. We always try to make our day an experience of fun and education as we discover new things in the area. On this particular day, we visited the Broadway Market, participated in the Maple Syrup weekend events by visiting a local producer of maple syrup products, and visited the Pedaling History Bicycle Museum in Orchard Park. Each stop had its own individual experience which we all thoroughly enjoyed• However, the Bicycle Museum was fantastic! We spent over 2 hours looking at all displays and the history associated with the invention of the bicycle. We were totally amazed at how well the exhibit was presented. My niece was particularly thrilled that she was able to sit atop "The Ordinary" bike. The owners, Carl and Clary Burgwardt added their vast knowledge to make our visit quite enjoyable. It is our understanding that the museum was to be purchased and moved to Germany. But it has now been put on hold due to financial constraints with the buyer• With all the construction and planning of Buffalo's waterfront, we believe this would be an asset to our community. We had no idea that this little building in the middle of the village of Orchard Park had such a vast collection of an important part of history. It would be an utmost shame to let this exhibit leave the Western New York area. We truly believe that families from all over would enjoy this exhibit as much as we did. It would complement the atmosphere that we, as a community, are trying to convey to the rest of the world. Western New York has plenty of hidden jewels, but only we are aware of them. With the waterfront area basically a blank canvas, now is the time to show the world that Buffalo can do things right. By relocating the Pedaling History and Bicycle Museum down to the waterfront, we believe this is a win-win situation for both the city and the community. Your help to achieve this reality would be greatly appreciated. Sincerely yours, Dan and JoAnne Viapiano REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT NO 54 M. KEARNS-CONCERNS-GRASSROOTS GARDENS LEASES Gerald Chwalinski I would like to file the attached information for the next Common Council meeting to be held on June 23, 2009. Thank you. Hon. Mayor Brown; Allow me to first express my gratitude for your office's recent approval of some of our outstanding lease requests. Your cooperation ensures our continued ability to provide our city's enthusiastic community gardeners the opportunity to build a better quality of life through the reuse and beautification of vacant land. Unfortunately, the recent process for getting these leases approved was anything but timely. In fact, beginning in April 2008 we were only able to obtain the necessary approval after more than a year of letters, phone calls, personal conversations and other correspondence with Jay Lynch, Brian Reilly, Karla Kosmerl, John Hannon, Demone Smith and Peter Savage. As you can imagine, this consumed an unordinary amount of time and effort better spent serving our community members. Obviously, the necessary steps to add new lots to our lease has changed in the nearly 20 years since our first community garden was started. In the interest of our organization and the time and resources of all parties involved, I am requesting a meeting to establish a new process for us to quickly and efficiently submit and obtain new lease approvals. There are 14,000 vacant properties in Buffalo, and we plan on being the leader in vacant lot reclamation efforts. Currently we are the city's preferred lease holder for vacant properties, so to ensure we are able to make the most of the tens of thousands of dollars we procure from donations I urge you to help us develop a clear understanding of the lease process, which will mutually benefit our organization, your office and the community we all serve. Our organization and its funders look forward to receiving a response from the Mayor's team and/or other city officials regarding this request. If you have any questions, please feel free to call our staff member, Zoe Lavatelli, at 851-4647. On behalf of the Board of Directors, thank you for your consideration to this matter. Sincerely, Daniel G. Wangelin Secretary, Board of Directors Grassroots Gardens of Buffalo REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 55 M KEARNS-CONCERNS MAINTENANCE OF VACANT LOTS Gerald Chwalinski I would like to file the attached information for the next Common Council meeting to be held on June 23, 2009. Thank you. May 15, 2009 Paul D. Hincherick 2068 South Park Avenue Apt. #02 Buffalo, NY 14220 Honorable Mr. Michael Kearns; In our recession a starting point of elite stance to procure a more applicable section of law(s). Whereas, the city council and Executive of the City of Buffalo, can put on the law books statue(s), that can result over time a broader tax base improve property values, and be environmentally safer. As long as vacant lots, vacant dilapidated structures can be address as without loss of city funds, also adjusted for inflation, so long as it is an environmental issue. The owner(s) of the afore mentioned properties should be notified; Where as, upkeep and or maintenance is not maintained, the city can bill the owner(s) responsible ; leaving the insurance liable, if in a timely manner, the owner(s) does not produce upkeep and or maintenance. The city; their to, can provide workforce of individuals, even on social services programs an opportunity to earn a temporary wage. The effort to make the owner(s) of lots and structures that are vacant and in deplorable conditions responsible for their upkeep. The city should institute the formation of statue(s) enforceable accordingly or similar: Lot(s) with weeds or tall grass, that are not cut removed, disposed of in a timely manner will be billed the cost of such lots from the city's capital expenditure to provide such up keep. Vacant structure(s) with or without lot(s) that are dilapidated as will be repaired, in that they are an environmental issue. Sincerely your s, Paul D. Hincherick Statesman RECEIVED AND FILED NO 56 M. KEARNS-EMERALD BEACH ON THE DOWNTOWN WATERFRONT Gerald Chwalinski I would like to file the attached information for the next Common Council meeting to be held on June 23, 2009. Thank you. Dear Mayor Brown, I am writing to thank you for your support of the Emerald Beach on the downtown waterfront. Since its inception, Emerald Beach has been citizen-led initiative and is widely enjoyed by Buffalo and Western New York residents alike. I congratulate you for your leadership on this issue, especially in helping develop an amenity that draws more people, especially families, to our waterfront. Moving forward, I encourage the City of Buffalo to continue developing Emerald Beach as an important element of Buffalo's waterfront development. Over the past year, it has proven to be significant in terms of making the waterfront a more appealing and user-friendly destination. Specifically, I request for the City of Buffalo to expand the base of the beach along the natural water line by removing the large boulders, driftwood and other debris. This work would be a continuation of the work commenced last year, and is being described as Phase 2 by Emerald Beach supporters. Thank you for your consideration in continuing the City's support of Emerald Beach. It is a great example of a successful citizen-led partnership between government and residents that is enjoyed by many local residents. Please do not hesitate to contact my office if I can be of any assistance Sincerely, Sam Hoyt MEMBER OF ASSEMBLY REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT NO 57 M. KEARNS-ERIE CANAL MOTOR COACH DROP OFF/PICKUP & PARKING Gerald Chwalinski I would like to file the attached information for the next Common Council meeting to be held on June 23, 2009. Thank you. July 3, 2008 Subject: Erie Canal Harbor Site Dear Mayor Brown: All of us in Buffalo, especially the tourism community arc very happy the new Erie Canal Harbor site and Buffalo Naval Park are now fully open for visitors. We are hopeful this is a sign of more good things to come. I am asking for your help in making one further improvement to the Erie Canal Harbor front area. This would require your immediate attention as we enter the tourism season. These two sites will be drawing many more people to the Erie Canal Harbor area and they need parking close to the site. Presently parking is a major problem. Since I deal with motor coach groups, which are primarily, seniors, I am particularly concerned there is no designated, safe motor coach drop off and pick up area at the two sites. There is also no motor coach parking near the site. If we are to be a motor coach and group tour friendly city we need these improvements now. If groups have a poor experience as regards convenient access to the attractions they will not return. We need positive reaction to the Erie Canal Harbor If possible I would recommend a drop off and pick up location between the Buffalo Naval Park and Erie Canal site, or just past the intersection beyond the stop sign. I would also recommend the city consider making the east side of the street directly under the Skyway, going up to Erie Street, a designated motor coach, school bus, tour van, parking area. This way groups can be dropped off at the two sites, The bus could then turn left, park on the street where I recommended, and then when ready to be picked up transportation can drive up to Erie Street, turn left to Marine Drive and the designated picked up location. I know when I met you a number of times in Albany on "Tourism Day" and other local tourism events, you always showed interest in our industry and were open to recommendations. Thank you for your consideration of my comments and the above recommendations. Your action will be beneficial to Buffalo tourism! Sincerely, M.J. Conboy March 4, 2009 Subject: Erie Canal Harbor Site-Motor Coach Drop Off/Pickup & Parking Dear Mayor Brown: I wrote to you previously on July 3, 2008 regarding the need for a designated group drop off and pickup location at the Erie Canal Heritage Site and Buffalo Naval Park. You forwarded my letter on to other decision makers for action on my recommendations, which I certainly appreciate. I have sent you a copy of my original letter for your reference. Following the forwarding of my letter I received telephone calls from Main Place and Eric Canal Harbor Development Corporation indicating their endorsement of my recommendations. Since August I have been in touch with ECHDC a number of times regarding the status of those re-quested changes. According to what I have been recently told the Traffic Engineers office, DPW and City Planning division all indicate my requests still sits with City Hall and your office. Evidently the proposals also need Common Council approval. The ECHDC has been told the relocation of the handicap parking spaces did receive Council approval, however the re-zoning of the drop-off area is still what needs to be addressed. I also question if a recommendation for three motor coach parking places at the comer of Pearl Street and Perry Street has been addressed. The spring tourism season is close upon us and I would like to see action on the proposals finalized as soon as possible. Your help is needed to resolve the stalemate on this topic. Thank you for your follow up and action! Sincerely, M.J. Conboy April 20, 2009 Subject: Motor Coach Group Drop Off & Pickup - ,Erie Canal Harbor Site Door Mayor Brown: I wrote to you previously on July 3, 2008 and again on March 4, 2009 regarding the status of my recommendations for a specific group drop offend pick up site at the Erie Canal Harbor and Naval Park, as well as motor coach parking at the corner of Pearl & Perry streets. As of today I still have not received information about the status of these proposals and their implementation in time for the Buffalo tourism season. It is my understanding the request still sits with City Hall departments and your office. Your help is needed at once to have the requested recommendations moved ahead through all departments and initiated. Thank you in advance for your help and I look forward to your timely response. Sincerely M.J. Conboy REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT NO 58 M. KEARNS-SPEED LIMIT CHANGE AT MARINE DR Gerald Chwalinski I would like to file the attached information for the next Common Council meeting to be held on June 23, 2009. Thank you. Residents urge the city to make waterfront more pedestrian-friendly Michael Ranni has lived on the downtown waterfront for 40 years, and he likes to explore the evolving Erie Canal Harbor in his wheelchair. With all the waterfront development under way, he's never seen so many shoreline visitors near the Marine Drive Apartments where he lives. Or so many speeders. Ranni said drivers often zoom down Erie Street at 40 or 45 mph. "You have to be faster than the cars to cross the street," grumbled Marine Drive resident Christine Avino, who walks with a cane. Avino is among those who have been lobbying for changes that would enhance pedestrian safety near the downtown waterfront, including a lower speed limit. They've attracted the attention of City Hall, including Public Works Commissioner Steven J. Stepniak, who recently walked the area with residents to get a better handle on traffic concerns. "All this waterfront development is great, but we also understand that it creates new issues," said Stepniak. The city is working with waterfront planners on a traffic study, said Eric D. Schmarder, the city assistant engineer. The study commissioned by the Erie Canal Harbor Development Corp. should be complete by mid-summer, Schmarder said. But it could take a while longer to implement changes. For example, some residents push to slash the current speed limit from 30 mph to 15 mph would require state approval. "1 think the city is really concerned about safety," said Marine Drive resident Marilyn Gallivan. "They just have so many hoops to jump. It doesn't happen overnight." But Avino said some residents have been complaining to city officials about problems for three years. She said the problems have intensified since the opening of the new Erie Cana Harbor, especially on Erie Street. For every day it's delayed, there's a safety hazard," said Avino. Joseph Mascia, a tenant commissioner at the Buffalo Municipal Housing Authority and a Marine Drive resident, said one way to improve pedestrian safety along the waterfront would involve installing sidewalks on stretches where there are none. Other ideas include marking some parts of the road as pedestrian crosswalks and having more curb cuts to accommodate people with disabilities. Stepniak said traffic experts don't think installing more stop signs in the area is the answer. "Having too many stop signs can cause more rolling stops," said Stepniak. "Just plopping in more stop signs wouldn't be the best thing." Michelle Knox walks her Shih Tzu along the shoreline a few times a day. She says some motorists intentionally zoom down Erie Street in the wrong direction. Erie is one-way, going toward the old Memorial Auditorium site. Periodically, officers have set up special details to nab speeders in the area around Erie Basin Marina. Residents said they would like to see more vigorous police enforcement of traffic laws along the waterfront. Avino and others said there have been numerous accidents caused by reckless drivers. Avino hopes the traffic study will recommend a slower speed limit and other steps to make the waterfront area more pedestrian friendly. "The safety of the people has to be the first priority," she said. "If somebody gets killed, then what?" bmeyer@buffnews.com REFERRED TO THE SPECIAL COMMITTEE ON WATERFONT DEVELOPMENT &DEPARTMENT OF PUBLIC WORKS NO 59 M. KEARNS-ARTICLE RE WATERFRONT HOTEL Gerald Chwalinski I would like to file the attached information for the next Common Council meeting to be held on June 23, 2009. Thank you. Hotel plan wins Planning Board approval Buffalo's Planning Board has given developers the green light to move forward with controversial plans for a waterfront hotel. In a 4-1 vote Tuesday, the board concluded that a revised color scheme has "softened" the appearance of the proposed Erie Basin Wingate Inn. But Frank Lysiak, a waterfront resident and a member of the Waterfront Village Advisory Council, said the buff-colored exterior with silver- gray speckles does not do enough to improve the project. "It's like putting lipstick on a pig," Lysiak said as he left the City Hall meeting. Developer James W. Pitts disagreed, insisting the four-story structure planned on a city-owned site next to Shanghai Red's restaurant will be an attractive addition to the waterfront and will help revitalize the shoreline. "We think this is going to be an excellent project," Pitts said. "The Planning Board's action was a very important step. We can now finalize our design." Pitts is working with Specialty Restaurants to build the $11 million project. Henry L. Burns, a Iongtime Planning Board member, backed the project, noting that the hotel won't be a high-rise that would obscure waterfront views. He said he was glad the board found the design acceptable and concluded that a full-blown study won't be required to gauge the hotel's environmental impact on the surrounding neighborhood. "Half the projects that we start in Western New York end up in the file box," Burns said. "This is something that's going to get done." The 98-room hotel still faces potential obstacles. The Common Council must approve a land transfer, and most lawmakers have voiced concerns about the project. Some say a $37 million, 10-story mixed-use complex proposed by Ciminelli Development Co. and businessman Mark E. Hamister would be more suitable for the waterfront. But the Buffalo Urban Renewal Agency concluded that the competing plan did not meet height and density requirements. The Wingate Hotel project has undergone several design revisions in an attempt to resolve issues raised by critics. The most recent changes involved altering the color of the brick that will be used. Cynthia Schwartz, Planning Board vice chairwoman, described the new buff and gray exterior as an improvement. But she said she still doesn't consider the structure optimal for such a "prominent" waterfront location. "I'm just not enamored of the design itself," said Schwartz, who cast the only "no" vote. bmeyer@buffnews.com REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT NO 60 M LOCURTO-PROPERTY MAINTENANCE CODE CH 341-2 Mr. Chwalinski: Please file the referenced document for the Common Council meeting on June 23, 2009. COPY ON FILE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON LEGISLATION. NO 61 S. MANKA-CONCERNS FUEL DEVICES FEE THE WASHROOM LAUNDROMAT 2265 Seneca Street Dear Sir/Madam: Enclosed you will find a copy of a billing from your office regarding the above captioned address. Also enclosed is my check no. 1009 in the amount of $26.25. Please apply the check toward payment of yet another useless fee imposed by the City of Buffalo which hurts businesses. If you need anything further please let me know. Thank you. Sincerely, Simon F. Manka RECEIVED AND FILED NO 62 NYSDEC-ENV CLEANUP PLAN-200 SHIP CANAL PKWY FACT SHEET June 2009 Environmental Cleanup Plan for 200 Ship Canal Parkway Site Available for Public Comment Brownfield Cleanup Program Project No. C915227 Introduction The New York State Department of Environmental Conservation (NYSDEC) welcomes public comment as it reviews a draft cleanup plan, called the Remedial Work Plan, for the 200 Ship Canal Parkway Site in Buffalo, Erie County. In the past the site was used for the manufacture of iron, which contaminated soils and groundwater with metals and semi-volatile organic compounds. Comments on the plan will be accepted from June 8 to July 23, 2009 and may be submitted to the NYSDEC project manager listed on the opposite page. Work at the site will be performed under New York State's Brownfield Cleanup Program. The BCP provides existing or potential property owners financial incentives to promote the voluntary cleanup, redevelopment, and revival of brownfield sites. Brownfields typically are former industrial sites that have been environmentally compromised, making redevelopment of the site more difficult. 200 Ship Canal Parkway, LLC entered the BCP in October 2008 and plans to construct up to 140,000 square feet of multi-tenant commercial, light industrial, and/or warehouse space. Site Background The 200 Ship Canal Parkway Site (Site) is a 5.7 acre parcel of vacant, former industrial land that is located within the Buffalo Lakeside Commerce Park (BLCP). The BLCP is a 275-acre business park being redeveloped from what was the location of heavy industrial operations for the manufacture of pig iron by the Hanna Furnace Company. The BLCP is located near the southwestern comer of the City of Buffalo and is partially occupied with three new light industrial/commercial businesses. For development purposes, the BLCP was subdivided into four sub-parcels based on prior uses by Hanna Furnace. The subject Site is located within Sub-parcel 2 which was the primary location of the manufacturing operations of the Hanna Furnace facility. The southern portion of what is now the BLCP was purchased in 1902 by the precursor to the Hanna Furnace Corporation. In 1903 the Buffalo and Susquehanna Railroad, in cooperation with the Pennsylvania Railroad, initiated construction of the Union Ship Canal, originally called the Goodyear Slip, and provided barge access to the pig iron manufacturing operations for transport of raw materials and products via Lake Erie. In April of 1930, the name changed from the Buffalo Union Furnace Corporation to the Hanna Furnace Corporation. During peak production, the Hanna Furnace Site employed over 800 workers and could produce up to 3100 net tons of iron per day. In 1982 Hanna Furnace Corporation shut down all operations at the plant, and by 1985 most of the plant's structures had been dismantled. In 1998 the City of Buffalo took title of the property for non-payment of taxes. In 2001 and 2002 the remainder of site structures was demolished to make way for redevelopment of the site. Possible Health Impacts Petroleum-impacted subsurface soil/fill is present at the site, as are slightly elevated concentrations of cyanide• Currently, access is unrestricted because of the unattractive nature of the vacant site, and there is little evidence of past trespassing or illegal use of the site. Anyone illegally accessing the site could be exposed to site related contamination identified in certain areas of the site. The proposed cleanup plan will address areas of known contamination. What Does the Draft Remedial Work Plan Involve? Elements of the Remedial Work Plan include: • Cleaning and sealing or removing a petroleum-containing pipeline; • Removing and managing petroleum impacted soil/fill; • Placing a cover system over the entire site; • Placing institutional controls, such as an environmental easement, to restrict future use of the site; and • Completing routine site inspections and maintenance. Next Steps NYSDEC will consider public comments before it approves and finalizes the Remedial Work Plan. The approved plan will be available for public review at the locations listed below and on the NYSDEC website (link provided below). After it is approved, 200 Ship Canal Parkway, LLC may proceed with the environmental cleanup work at the site. The environmental cleanup work is expected to be completed in the fall of 2009. Site redevelopment construction will begin next year and should be completed in the fall of 2010. NYSDEC will keep the public informed about significant project milestones at the 200 Ship Canal Parkway Site through fact sheets similar to this one. Who Should I Call If I Have Questions About the Site? Environmental Questions Development Questions Health Questions Mr. David Locey Timothy Greenan Mr Cameron O Connor Project Manager Project Manager Public Health Specialist NYSDEC Savarino Companies NYSDOH 270 Michigan Avenue 26 Mississippi Street, Suite 100 584 Delaware Avenue Buffalo, NY 14203 Buffalo, New York 14203 Buffalo, NY 14202 (716) 851-7220 (716) 332-5959 (716) 847-4385 Locations to View Project Documents To keep you informed, NYSDEC has set up two locations at which you may view project documents. These locations include: Buffalo and Erie County Public Library NYSDEC Region 9 Office JP Dudley Branch 270 Michigan Ave 2010 South Park Ave Buffalo New York 14203 Buffalo, New York 14220 Phone: (716) 851-7220 Phone: (716) 823-1854 (Please call for appointment) You can also view project documents online at the Region 9 Environmental Remediation Project Information page (http://www.dec.nv.gov/chemical/37554.html). Look for the 200 Ship Canal entry under the Erie County heading. RECEIVED AND FILED NO 63 OLMSTED PARKS-DUATHLON & PICNIC IN THE PARK Friday, June 5, 2009 4p.m. – 8 p.m. Cazenovia Park, near Caz Casino (race starts at 6pm in South Park, ends in Cazenovia Park) Picnic in the Park is a springtime afternoon celebration of family-oriented entertainment and activities taking place from 4 p.m. to 8 pm on June 5 in Cazenovia Park. Admission is free! Highlights: Buffalo Bills alumnus, Will Grant, will be present for games and autograph signing. Children’s activities include face painting, arts and crafts, story-telling, kick-off of summer reading with dog ears bookstore, 1 mile run and more! Plus, live music by Mudda Nature and Local school bands. Participating restaurants from South Buffalo are: Pete’s Field, Pete-n-Paul’s, Caz Coffee Café, and Leo’s Pizzeria. Adult beverages provided by Labatt USA and Barefoot Wine. Olmsted Duathlon is the first dedicated duathlon in Buffalo and the first ever to be held within the historic Buffalo Olmsted park system. It starts at 6pm with 3K run around South Park lake, a 15K bike race on McKinley and Red Jacket Parkways, and a 5K run in Cazenovia Park. The course is certified by USAT. Sponsored by: Councilmember Michael “Mickey” Kearns, Runner’s Roost, Bert’s Bikes and Fitness, Mike Roeder’s Basil Resale South, Shark Energy Drin, Chip Time Results, TriWNY, Coca-Cola, Consumer’s and Cappelli’s Pizzeria. Photo opportunities available. Visual opportunities for TV. RECEIVED AND FILED NO 64 J PAJAK-R. KOWSKY-LETTER OF SUPPORT-HEATH HOUSE & DAVIDSON HOUSE Dear Mr. Chwalinski, Please file the attached document for the upcoming Common Council Session to be held on June 23, 2009. Thank you in advance for your assistance in this matter. Sincerely, James S. Pajak Chief of Staff Dear Common Council members: I would like to voice my support for designating Frank Lloyd Wright's Heath House and Davidson House as local landmarks. These two buildings are among the most important architectural monuments in Buffalo. With the Darwin Martin House, they form a group of buildings that epitomizes the Prairie Style of architecture and represents an important part of the legacy of the Larkin Company. It is appropriate that the community should protect these nationally recognized resources for present and future generations. If these houses cannot pass the test of significance, few other structures in the city will. With designation, the owners can rest assured that the value of their property will be protected, and the community can be confident that a significant portion of its history will be preserved. As someone who lives in a house listed on the National Register of Historic Places, I would urge the owners of these properties to embrace landmark designation. Moreover, because of the controversy that arose concerning construction of a high rise apartment building on Gates Circle, residents of Soldiers Place, especially, should be alert to the merit of landmark designation. Sincerely, Francis R. Kowsky REFERRED TO THE COMMITTEE ON LEGISLATION NO. 65 C. PALADINO-CONCERNS ISSUES MUNICIPAL PARKING I have your memo of June 8, 2009. I would be happy to debate the issue with you before the Common Council or at any other forum that you feel appropriate. I'm sorry that you took exception to my remarks. They were meant both to educate and be responsive to the arrogant memos that you authored and that I have read and to the discussion at the last Parking Board meeting. REFERRED TO THE COMMITTEE ON FINANCE NO. 66 R. PEKARSKI-VERIZON WIRELESS CHANGE ANTENNAS 1502 NIAGARA ST 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 proposes to remove two sets of panel-type antennas and replace them with three sets of panel-type antennas in the same location on the roof of the Bison Storage building at 1502 Niagara Street in the City of Buffalo, N.Y. Additional equipment will be placed in the existing interior equipment room. The project site has been highlighted on the portion of the USGS Buffalo NW Quad Sheet (attached) for your review. In addition, tire 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 x1189. 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 RECEIVED AND FILED NO. 67 J. RUSHTON-J. ANIELLO-REG ITEM 93 FROM COMMON COUNCIL MEETING 6/9/09 This letter is to acknowledge receipt of your letter dated June 12, 2009 asking the Department to comment on Resolution #93 adopted by the Buffalo Common Council on June 9, 2009. Please be advised that the Department declines to comment or otherwise become involved in what is essentially a local matter between the Mayor and City Council REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 68 CITY OF BUFFALO CELLBLOCK PAYMENTS TO ERIE COUNTY (SECOND REQUEST) Dear Mayor Brown and Comptroller SanFilippo: On May 20, 2009 I sent you a letter requesting that the City of Buffalo ("City") pay outstanding amounts due and owed to Erie County ("County") pursuant to the 2004 agreement between the City and County regarding the County Sheriffs assumption of the Buffalo Police Cellblock function ("Agreement"). The total amount owed to the County was $140,519.12. On June 12, 2009 my office received a City payment of $70259.56. Thank you for that partial payment. The City still owes the County ~259.56. As stated above, your June 12, 2009 payment is a partial payment: it solely covers four (4) of the eight (8) quarters for which the City failed to make the escalation payment associated with the Cellblock pursuant to the Agreement. The County's acceptance of this partial payment shall not be deemed as payment in full of the entire amount due and owing. As such, this letter serves as the County's formal written request that the City immediately pay the remaining $70,259.56 due and owing to the County under the Agreement. Pursuant to the guidance of our legal counsel, the Erie County Department of Law, we demand payment of the $70 259.56 within thirty (30) days of the date of this letter. Erie County Comptroller Office Letter on Cellblock to City of Buffalo If you have any questions, please contact me at 858-8404. Thank you for your timely consideration and cooperation. Sincerely yours, Lorne Steinhart Deputy Comptroller RECEIVED AND FILED NO. 69 J. WILLIAMS-REDEVELOPMENT FORMER COLOR SITE SOUTH PARK & WLK Dear Resident: On behalf of South Buffalo Development LLC (SBD), I am pleased to inform you that the cleanup and redevelopment of the former Buffalo Color site located at South Park Avenue and Elk Street has begun. SBD, which recently purchased the property, will demolish the buildings, clean up the site under the supervision of the New York State Department of Environmental Conservation (DEC), and redevelop it for light industrial/commercial use. SBD is working with Honeywell on the remediation. Allied Chemical sold the site in 1977 to Buffalo Color Corporation. Honeywell is Allied Chemical's successor and as a result is supporting SBD's cleanup efforts. Honeywell is still an active Buffalo business and community member with its Buffalo Research Laboratory located on Peabody Street and a manufacturing facility in nearby Tonawanda. Extensive precautions will be taken to protect health and safety during demolition and remediation activities. We will comply with the DEC, New York State Department of Health, New York State Department of Labor, Occupational Safety and Health Administration (OSHA), and the City of Buffalo regulations. m. Site preparation began in late April. Demolition of the first building is scheduled for June 8 Demolition is expected to last approximately one year. A dust control and air monitoring program began in April with the collection of background air monitoring. The placement of air monitors around the site provides broad coverage, regardless of wind direction. As the work proceeds along this large site, the monitors will be relocated if necessary to continue to provide broad coverage. Results from air monitoring and schedule updates can be found on our website: www.buffalocolorredevelopment.com. This project is a powerful example of how former industrial sites can be returned to productive use with the cooperation of government, environmental agencies, local developers, the community and corporate partners. We believe that the redevelopment and reuse of this site will provide significant benefits to the local community. SBD is an affiliate of Ontario Specialty Contracting - a Buffalo-based company specializing in remediation and redevelopment of former contaminated sites. SBD has been accepted into DEC's Brownfield Cleanup Program for this property. In cooperation with DEC and Honeywell we will continue to update the community. Please let us know if you have any questions or need more information. RECEIVED AND FILED PETITIONS NO. 70 J. DIGIULIO, OWNER, USE 1669 HERTEL FOR A SIT IN RESTAURANT AND SIDEWALK CAFE (DEL)(HRG 6/30) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 71 S. KOURY & O-SUPPORT OF THE PROPOSED SLAUGHTERHOUSE -1285 WILLIAM The above petition is available for review in The City clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 72 APPT SPECIAL ASSISTANT TO THE CHIEF INFORMATION OFFICER (EXEMPT)(COTTMAN)(MIS) (CCP# 8, 6/9) Mrs. Russell moved That the above mentioned item be and the same is hereby Received and Filed ADOPTED NO. 73 APPT CAULKER SUPERVISOR I (PROV)(INTER)(MCMANUS)(PW) (CCP# 17, 6/9) Mrs Russell moved That Communication 17 of June 9, 2009 be received and Filed and that the Provisional Appointment of Patrick M. McManus, 223 Dearborn St, Buffalo, NY 14207 at he Intermediate Salary of $38,580 is hereby approved. PASSED AYES - 9 NOES – 0 NO. 74 NOTICES OF APPOINTMENTS-TEMP/PROV/PERM (CTY CLK) CCP# 32 6/9 Mrs Russell moved That the above mentioned item be the same and is hereby received and filed. ADOPTED AYES – FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RIVERA, RUSSELL, SMITH - 8 NOES – DAVIS - 1 FINANCE (MICHAEL P. KEARNS, CHAIRMAN) NO. 75 CONTRACT FOR PHASE II OF THE CITYWIDE VIDEO SURVEILLANCE CAMERA PROJECT (ITEM NO. 1, C.C.P., JUNE 9, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved that the above item be recommitted to the Committee on Finance ADOPTED NO. 76 L. STEINHART-COB CELLBLOCK PAYMENTS TO ERIE COUNTY (CCP# 66,5/26) Mr. Kearns moved That the above mentioned item be and the same is hereby Received and Filed ADOPTED COMMUNITY DEVELOPMENT (MICHAEL J. LOCURTO, CHAIRMAN) NO. 77 M. LOCURTO, ETC-NEWS ARTICLE-ONE SUNSET OPERATIONS CRITICIZED (#39, 6/9) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 78 R. FONTANA - INFO ENERGY SAVINGS FROM NEW BUFFALO IMPACT (ITEM NO. 34, C.C.P., MAY 12, 2009) (ITEM NO. 62, C.C.P., JUNE 9, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the above-mentioned item be and the same is hereby recommitted to the Committee on Community Development. ADOPTED NO. 79 FILING OF ALL CORRESPONDENCE BTWN COB & HUD REG HUD'S RECENT CDBG PROGRAM (EXCEPT LAST RES) (#74, 5/12) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 80 REPORT OF SALE- 160 ORANGE (ITEM NO. 14, C.C.P., MAY 26, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved that the above item be recommitted to the Committee on Community Development ADOPTED NO. 81 REPORT OF SALE - 400 RILEY (ITEM NO. 16, 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 Mr. Robert Williams, Jr. and Mrs. Debra D. Williams, residing at 6729 Minnick Road, Lockport, NY, in the sum of Two Thousand Dollars ($2,000.00) for the purchase of 400 Riley, 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. 82 REPORT OF SALE - 282 WALNUT (ITEM NO. 19, 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 Ms. Theresa M. Billingslea, residing at 278 Walnut Street, in the sum of One Thousand and Three Hundred Dollars ($1,300.00) for the purchase of 282 Walnut Street, 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. 83 FILING OF ALL CORRESP BTWN COB & HUD'S RECENT CDBG PROGRAM (MAYOR) (#8, 5/26) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 84 GRANT PERMISSION TO ESSEX CORNER NEIGHBORHOOD ASSOCIATION TO HANG SIGNS ON ESSEX STREET (ITEM NO. 75, C.C.P., MAY 12, 2009) That the Common Council grants permission to the Essex Comer Neighborhood Association to attach signs on lampposts on the comer of Massachusetts and Essex as well as the comer of Rhode Island and Essex Street, in order to beautify and restore Essex Street and the surrounding area. That the signs must meet all requirements of pertinent city departments and that no existing laws. are violated. PASSED AYES - 9 NOES - 0 LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRMAN) NO. 85 ORDINANCE AMENDMENT - CHAPTER 341 - PROPERTY MAINTENANCE (FOWL) (ITEM NO. 11, C.C.P., JUNE 16, 2009) That the above item be, and the same hereby is, returned to the Common Council without recommendation, Mr. Golombek moved that the above item be re, committed to the Committee on Legislation ADOPTED NO 86 L. DAVIS, PETITION TO USE 637 FOURTH STREET TO CONVERT ONE STORY MASONRY TO BICYCLE SHOP, OUTDOOR TOY SALES AND HOT DOG CART ON ROW (ITEM NO. 45, C.C.P., JUNE 9, 2009) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That after the public hearing before the Committee on Legislation on June 16, 2009, the petition of L. Davis, owner, for permission to use 637 Fourth Street to Convert One Story Masonry to Bicycle Shop, Outdoor Toy Sales on Right of way be, and hereby is approved. PASSED W/COND AYES - 9 NOES - 0 NO 87 B. BERNATOVICZ, PETITION TO USE 470 SMITH PLACE - GROUND SIGN (ITEM NO. 46, C.C.P., JUNE 9, 2009) That the petition of B. Bernatovicz, agent to use 470 Smith Place for a ground sign, 118" x 63" wide, overall height is 154", be, and hereby is approved. PASSED AYES - 9 NOES - 0 NO 88 S. SHAFIE, PETITION TO USE 402 CLINTON - FOR A GROUND SIGN (ITEM NO. 47, C.C.P., JUNE 9, 2009) That the petition of S. Shafie, agent, for permission to use 402 Clinton - for a ground sign, 65" x 96", with a 30" base, total height 8', be, and hereby is approved. PASSED AYES - 9 NOES - 0 NO 89 ACCEPTING MONTHLY REAL ESTATE TAX PAYMENTS (ASSMT) (#7, 6/9) That the above item be the same and hereby is Received and Filed. ADOPTED NO 90 FOOD STORE LICENSE- 177 RILEY (ITEM NO. 21, C.C.P., JUNE 9, 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 91 RESTAURANT DANCING CLASS IV - 2897 BAILEY AVENUE (ITEM NO. 22, C.C.P., JUNE 9, 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 renew a Restaurant Dancing Class IV License to Hycinth Patterson, d/b/a Caribbean Experience located at 2897 Bailey Avenue. PASSED AYES - 9 NOES - 0 NO 92 RESTAURANT DANCING CLASS III - 681 MAIN STREET (ITEM NO. 23, C.C.P., JUNE 9, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit & Inspection Services be, and he hereby is authorized to renew a Restaurant Dancing Class HI License to Arthur Kwitchoff, dib/a Town Ballroom located 681 Main Street. PASSED AYES - 9 NOES - 0 NO 93 SLAUGHTERHOUSE LICENSE - 1285 WILLIAM (ITEM NO. 24, C.C.P., JUNE 9, 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 94 USED CAR DEALER LICENSE - 954 NIAGARA (ITEM NO. 25, C.C.P., JUNE 9, 2009) That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services Permit be, and he hereby is authorized to grant a Used Car Dealer license to James Rhodes, d/b/a JTR Motor Car, located at 954 Niagara Street. PASSED AYES - 9 NOES - 0 NO95 M. GORMAN-BUFFALO HOMECOMING 2009 CITYBRATION (#36,6/9) That the above item be the same and hereby is Received and Filed. ADOPTED NO 96 J. CREWSON, PETITION TO USE 191 GANSON STREET TO INCLUDE A CONCRETE CRUSHING PLANT (ITEM NO. 67, C.C.P., MAY 26, 2009)(ITEM NO. 64, C.C.P., JUNE 9, 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 97 J. VEGA, PETITION TO USE 2 RUSSELL FOR AN OUTDOOR PATIO (ITEM NO. 68, C.C.P., MAY 26, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved that the above item be re, committed to the Committee on Legislation ADOPTED NO 98 SECOND HAND DEALER - 3098 BAILEY AVENUE (ITEM NO. 44, C.C.P., MAY 26, 2009) That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspections Services be, and he hereby is authorized to grant a Secondhand Dealer license to Seyun Lee d/b/a Bailey Jewelry Inc. located at 3098 Bailey Avenue. PASSED AYES - 9 NOES - 0 NO 99 J. ANADOLU, AGENT, USE 500 ASHLAND FOR A HSF (DEL)(NO PUB HRG) (#58,3/31) That the above item be the same and hereby is Received and Filed. ADOPTED NO 100 FOOD STORE LICENSE - 1266 EAST DELAVAN (ITEM NO. 24, C.C.P., APR.14, 2009) That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Mohammad Faroo d/b/a Sunoco Food Market located at 1266 East Delavan. PASSED AYES - 9 NOES - 0 NO 101 FOOD STORE LICENSE - 684 LASALLE (ITEM NO. 30, C.C.P., MAR. 31, 2009) That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Ly Tharthdieu located at 684 La Salle d/b/a Peters Food Market. PASSED AYES - 9 NOES - 0 NO 102 ACCEPTING MONTHLY REAL ESTATE TAX PAYMENTS (#82, 2/3) That the above item be the same and hereby is Received and Filed. ADOPTED NO 103 DISSOLUTION OF BAILEY AMHERST DISTRICT MNGT ASSOC(ASSMT) (#5, 10/28) That the above item be the same and hereby is Received and Filed. ADOPTED NO 104 DISSOLUTION OF BAILEY/AMHERST DISTRICT MANAGEMENT ASSOCIATION (ITEM NO. 69, C.C.P., OCT. 14, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved that the above item be recommitted to the Committee on Legislation ADOPTED RESOLUTION NO 105 BY: MR. KEARNS GRANT PERMISSION TO THE GREATER SOUTH BUFFALO CHAMBER OF COMMERCE TO HANG "WE'RE SO BFLO" BANNERS ON ABBOTT ROAD Whereas: The Greater South Buffalo Chamber of Commerce, requests permission to hang "We're So Bflo" banners down Abbott Road in support of local businesses; and Whereas: The banners will be hang on June 30, 2009 and stay up indefinitely; and Whereas: The Greater South Buffalo Chamber of Commerce continues to support the local businesses and the banners will help promote each individual business in the Abbott Road area of South Buffalo; and Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo grants permission to The Greater South Buffalo Chamber of Commerce to hang informational banners down Abbott Road to promote the local businesses; and Be It Further Resolved: That the banners will hang on Abbott Road from street poles #688, #1039, #503, #842, #1016, #1166, #392, #238, #537, #613, #889, #1123 and #479; and Be It Finally Resolved: That said banners must meet all requirements of pertinent city departments and that no existing laws are violated. ADOPTED NO 106 BY: MR. KEARNS GRANT PERMISSION TO THE SENECA STREET CAR SHOW ASSOCIATION TO HANG BANNER ON SENECA STREET Whereas: The Seneca Street Car Show Association will be holding their second annual South Buffalo Car Show on August 9, 2009; and Whereas: The car show will take place along Seneca Street and will feature classic and antique cars, as well as music, raffles and other activities for all to enjoy; and Whereas: In order to promote this special event, representatives from the Seneca Street Car Show Association are seeking permission to hand and informational banner across Seneca St., at light pole 2131 and 2136; from July 9, 2008 through August 10, 2009; and Whereas: The City of Buffalo proudly supports the Seneca Street Car Show Association and their efforts to promote Seneca Street and the South Buffalo Community; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo grants permission to the Seneca Street car Show Association to hang an informational banner across Seneca Street to promote the Seneca Street Car Show; and Be It Further Resolved: That the banner will hang across Seneca Street, at light pole number 2131 and 2136, from July 9, 2009 through August 10, 2009; and Be It Finally Resolved: That said banners must meet all requirements of pertinent city departments and that no existing laws are violated. ADOPTED NO 107 BY: MR. DAVIS LL INTRO #4 AMEND ARTICLE #18-THE CHARTER OF THE COB IN RELATION TO APPTS TO THE BD OF JOHNNIE B. WILEY STADIUM Introductory No. 4 (2009) A LOCAL LAW amending the Charter of the City of Buffalo in relation to appointments to the Board of Johnnie B. Wiley Stadium. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1: That Article 18 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows: § 18-38. Board of Johnnie B. Wylie Stadium. The Board of Johnnie B. Wylie Stadium shall be the head of the Division of Johnnie B. Wylie Stadium. § 18-39. Appointment and Removal. The Mayor shall appoint, and may for reasons [seated] stated in writing, after an opportunity to be heard, remove eleven [qualified electors of the city] voting members, nine of whom must be City residents, for the term of four years from [May 15, 1994.] July 1, 2009. Members of the Common Council and Board of Education may make recommendations to the Mayor regarding such appointments. The eleven [original] members [first] appointed on or before July 1, 2009, shall be appointed for the following terms: three for four years, three for three years, three for two years and two for one year, to be designated by the Mayor, from [May 15, 1994] July 1, 2009, and their successors shall be appointed each for the term of four years. Vacancies in the board shall likewise be filled for the unexpired portion of such term. The Mayor shall designate, from among the members, the Chairman of the Board and may from time to time change such designation. The Mayor may also appoint up to three additional members to the Board to serve as nonvoting members, who can participate in Board meetings, make suggestions and recommendations to the Board, but shall not be counted as voting members for the purpose of official Board action or for the purpose of establishing a quorum so that the Board can conduct business. Section 2: Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions of this local law shall be controlling. Section 3: This local law shall take effect immediately. IT IS HEREBY CERTIFIED, pursuant to Section 3-17 of the Charter of the City of Buffalo, that the immediate passage of this Local Law is necessary. Byron W. Brown Mayor APPROVED AS TO FORM ONLY NOTE: Matter underlined is new, matter in brackets is to be deleted. PASSED AYES - 9 NOES - 0 NO 108 BY: MR. FONTANA R MORATORIUM ON ISSUANCE OF PERMITS AND LICENSES PROVIDING FOCONCRETE CRUSHING WHEREAS, The Department of Permits and Inspections Services and the Common Council have recently been approached with various applications for permits and licenses that would allow for the outdoor crushing of concrete near residential neighborhoods; WHEREAS, It has been established that the elements contained in the dust generated from the conduct of such activities outdoors can spread to surrounding neighborhoods and be harmful to human health and cause adverse health effects to the residents of the City of Buffalo and interfere with the operation of other businesses; WHEREAS, The Common Council wishes to undertake an analysis of all those permits and licenses, which provide for this activity in the City of Buffalo, in an effort to prepare and pass legislation limiting said activity to areas that do not endanger the health, safety and welfare of Buffalo residents or neighboring businesses; WHEREAS, The Common Council wishes to restrict this activity during the pendency of said investigation to insure that no pending or future applicants for licenses or permits including said activity are granted in a manner that will adversely affect residents of the City of Buffalo; WHEREAS, The Common Council further seeks to limit the adverse impact such activities may have on the City's comprehensive planning and future development, near or around sites where such activities are permitted to take place; NOW, THEREFORE BE IT RESOLVED, That this Common Council hereby decrees, declares and enacts a moratorium on the issuance of all permits and licenses providing for the outdoor crushing of concrete and to the extent that said licenses or permits embody other activities not sought to be limited by this Resolution, hereby declares a moratorium on the operation of said permits insofar as they allow for outdoor concrete crushing for a period of six months from the date of the enactment of this Resolution; BE IT FURTHER RESOLVED, That this Resolution is not intended to limit the activity of incidental, short-term, on-site concrete crushing at duly permitted construction or demolition sites to the extent necessary to accomplish the construction or demolition project as limited by the permits granted by the City of Buffalo and any other federal, state or local agency with jurisdiction over the conduct of said activities. PASSED AYES - 9 NOES - 0 NO. 109 SPONSOR: MR. LOCURTO MAIN STREET RECONSTRUCTION PROJECT MEDIAN MAINTENANCE Whereas: The City of Buffalo is currently involved in a multi-million dollar renovation of Main Street, including new streets, street furniture, crosswalks, and utility infrastructure; and Whereas: Part of this construction project involves the installation of medians containing plants, trees, and shrubbery; and Whereas: The medians were installed without a sufficient plan in place address long-term maintenance; and Whereas: There are dedicated residents and community groups in the neighborhoods abutting each section of the Main Street Reconstruction project who are dedicated to the beautification of their respective neighborhoods; and Now Therefore Be It Resolved: That this issue be referred to its appropriate committee for discussion with the Department of Public Works, the Office of Strategic Planning, City Forester, Main Street Reconstruction Project Staff, and residents of the neighborhoods surrounding the project. REFERRED TO THE COMMITTEE ON FINANCE & DEPARTMENT OF PUBLIC WORKS NO. 110 SPONSOR: MICHAEL J LOCURTO PERMISSION TO HANG A BANNER FOR THE OLMSTED PARK'S FREE CONCERT The Buffalo Philharmonic Orchestra and Delaware Park are two icons of the City of Buffalo; and The Buffalo Philharmonic will be giving a free concert on Wednesday, July 8, 2009 at 7 PM at Delaware Park; and The Buffalo Olmsted Park Conservancy would like to hang a banner across Parkside Avenue between lamp post number 63 and a freestanding pole; and Whereas: The banner will be there from June 24, 2009 to July 10, 2009; and Sponsors of this event are familiar with the banner requirements and will purchase the necessary bond before the banner is installed; Now, Therefore Be It Resolved: That the Common Council does hereby grant permission to the Olmsted Park Conservancy to hang a banner advertising the free concert of the Buffalo Philharmonic Orchestra in Delaware Park with a banner hung across Parkside Avenue from lamp post number 63 and a freestanding pole from June 24, 2009 to July 10, 2009. ADOPTED NO. 111 BY MR. SMITH FELICITATIONS/IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: In Memoriam for Sam Jarrett, Jr By Councilmember Brian C. Davis In Memoriam for Reverend James E. Beathley By Councilmember Brian C Davis ADOPTED • NO. 112 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 Michael Marcy Stacy L. Logan TOTAL 2 ADOPTED NO. 113 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: William M. Nowak Barbara Nuchereno TOTAL 2 ADOPTED NO. 114 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, June 30, 2008 at 9:45 o'clock A.M. Committee on Finance Tuesday, June 30, 2008 at 10:00 o'clock A.M. following Civil Service Committee on Community Development Tuesday, June 30, 2008 at 1:00 o'clock P.M. Committee on Legislation Tuesday, June 30, 2008 at 2:00 o'clock P.M. Special Committees Special Committee on Budget Wednesday, July 1, 2009 at 10:00 o'clock AM in Room 1417 City Hall Special Committee on Finance Wednesday, July 1, 2009 at 11:00 o'clock AM in Room 1417 City Hall (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware; therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 115 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mr. Golombek the Council adjourned at 3:00 pm GERALD CHWAL1NSKI CITY CLERK COMMON COUNCIL June 16, 2009 1:00 P.M. 1. Call For Special Session 2. Ord. Amend. Ch. 341 Property Maintenance (Chickens). 3. City Employees Receiving Multiple Salaries 4. Adjournment Present: Davis, Franczyk, Fontana, Golombek, Kearns, LoCurto, Rivera, Smith – 8 Absent: Russell - 1 NO 1 CALL FOR SPECIAL SESSION 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 June 16, 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 Tuesday, June 16, 2009 at I :00 P.M. for the following purposes: To receive and take appropriate action on : All Items Relating To 1.) Ord. Amend Chickens Ch. 341 2.) City Employees Receiving Multiple Salaries Yours very truly, David A. Franczyk President of the Council June 16, 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 June 16, 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 June 16, 2009 at 1:00 P.M. for the following purpose: To receive and take appropriate action on all items relating to 1.) Ord. Amend. - Chickens 2.) City Employees Receiving Multiple Salaries Yours very truly, Gerald A. Chwalinski City Clerk June 16, 2009 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 1i) Ord Amend Ch. 341 Chickens 2) City Employees Receiving Multiple Salaries We request that this Special Meeting be held on June 16, 2009 at 1:00 P.M. Richard A. Fontana David A. Rivera Michael J. LoCurto Michael P. Kearns David A. Franczyk 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 RICHARD FONTANA JOSEPH GOLOMBEK MICHAEL KEARNS MICHAEL LOCURTO DAVID RIVERA BONNIE E. RUSSELL 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 June 16, 2009 at 1:00 P.M. Richard A. Fontana Michael P Kearns David A Rivera David A Franzcyk Bonnie E Russell Brian C Davis Michael J LoCurto Demone A Smith Joseph Golombek Jr STATE OF NEW YORK COUNTY OF ERIE) ss: CITY OF BUFFALO) On this 16th day of June 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 RECEIVED AND FILED NO 2 BY: MR. RIVERA 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: 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 roosters shall be allowed. 4. 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. 5. Chicken hens shall be kept as pets and for personal use only; no person shall sell EGGS or engage in chicken breeding or fertilizer production for commercial purposes. 6. 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 a one-time, twenty-five dollar ($25.00) fee and after inspection and approval of the coop and cage that chicken hens are to be kept in by 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 any 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 houses 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. The addresses of all properties within a fifty (50) foot radius of the subject property §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, 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 1. The chicken hens shall be kept within both a coop and a fenced outdoor enclosure. 2. The chicken hens must be kept in the coop or fenced outdoor enclosure at all times and shall not be allowed to run free, unless the rear yard where the chicken hens are housed is completely enclosed and a responsible individual, over the age of eighteen (18) is on the premises. 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. 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 not to cause health hazards. Furthermore, chicken hens shall not be kept in a manner that is injurious 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 immediately 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 d3eems 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. 12. 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 year, 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, the 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 year, 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 any 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 any reason after the licensee and any other interested party has been given an opportunity to be heard. 5. On June 1st 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. 7. 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 Timothy A. Ball Asst. Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. REFERRED TO THE COMMITTEE ON LEGISLATION NO 3 SPONSOR: MR. LOCURTO CO-SPONSORS: MR. KEARNS, MR. RIVERA, MR. FONTANA CITY EMPLOYEES RECEIVING MULTIPLE SALARIES WHEREAS: This Council continues to review and examine in detail the expenditure of Community Development Block Grant (CDBG) funds awarded by the US. Government to eradicate poverty within the City of Buffalo, NY, the third most impoverished City in the nation; and WHEREAS: The City currently passes its allocation of CDBG monies on to and utilizes the services of, the Buffalo Urban Renewal Agency (BURA) to administer this funding; and WHEREAS: BURA administers the CDBG funding that it receives using various subcontractors such as the Buffalo Economic Renaissance Corporation (BERC) and the Buffalo Neighborhood Revitalization Corporation (BNRC); and WHEREAS: After repeated requests from the Common Council, the Media and most importantly, City taxpayers, the City Administration has finally begun to release certain salary information for individuals who provide services to the City and are paid from CDBG funds; and WHEREAS: It has recently been discovered that numerous individuals are being compensated by the City of Buffalo, as well as by other allied City organizations, and appear to be enjoying dual-employment status by virtue of receiving two salaries one from the City of Buffalo paid by City taxpayers using the City General Fund, and another salary(s) also paid by City taxpayers through federal CDBG anti-poverty funds administered by allied City Agencies; and WHEREAS: This does not represent the best use of taxpayer dollars and raises serious questions, specifically regarding the allocation of hours worked by these individuals while performing their duties. Individuals that are employed by the City in an appointed / exempt position are required by the terms of their employment to be on-call twenty four hours a day, seven days a week and three hundred sixty five days per year (24/7/365). This begs the question as to how these individuals can perform the duties associated with other positions for which they are receiving compensation and calling into question whether they are being paid twice for the same work; and WHEREAS: The multiple employment scenario also raises questions in the area of compensated leave time in the event an individual is on paid leave on the same day for multiple positions literally resulting in them being paid numerous times for the same work day while doing no work at all; and WHEREAS: Still other questions can be raised in the area of fringe benefits such as employer provided health and medical care, motor vehicles, cell phones, "Blackberrys" and similar telecommunication devices such as whether these costs are also being paid twice or allocated on a pro-rata basis between each organization; and WHEREAS: The information provided by the City Administration after lengthy delays continues to raise more questions than answers and is the subject of on-going reviews and investigations by the United States Department of Housing and Urban Development (HUD) and the City Comptroller's office. NOW, THEREFORE BE IT RESOLVED: That this Common Council does hereby request that the following information be immediately filed with this Common Council for its review at its next Common Council meeting scheduled for June 23, 2009: • Rationale for justifying the need for two separate salaries for each of the positions classified as dual-employment (e.g.: for any individual employed simultaneously by the City, BURA, BERC or any agency or entity receiving City and CDBG based funding), • The Job Specifications and/or Job Duties, minimum educational, work experience and/or other pre-requisite requirements for such positions, • Sign-In / Sign-Out sheets, leave time records and / or documents evidencing the hours worked for each employer. BE IT FURTHER RESOLVED: That this Common Council hereby directs that certified copies of this resolution be directed to the City Administration, it's Departments of Human Resources, Community Services, Corporation Counsel, and Audit and Control as well as BURA, BERC and BNRC to solicit their responses and filing of the information requested herein. BE IT FINALLY RESOLVED: That this Common Council hereby directs that this resolution be referred to its Committee on Community Development for further action and follow-up. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 4 ADJOURNMENT On a motion by Councilmember Fontana, Seconded by Mr. Smith, the Council adjourned at 1:03 P.M. GERALD A. CHWALINSKI CITY CLERK Board of Police and Fire Pension Proceedings #6 Office of the Mayor-201 City Hall June 18, 2009 Present: Hon. David A. Rodriguez, Acting Corporation Counsel Gerald Chwalinski, City Clerk Darryl McPherson, City Auditor The Journal of the last meeting was approved. No. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of June 2009 amounting to $3,740.00, and request that check be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes-3. Noes-0. No. 2 I transmit herewith the Pension Payroll for the Police Pension Fund for the month of June 2009 amounting to $3,760.00, and request that check be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes-3. Noes-0. Received and Filed No. 3 On motion by Mr. McPherson the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:05 a.m.