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HomeMy WebLinkAbout09-0414 (2) No. 8 PROCEEDINGS OF THE CITY OF BUFFALO APRIL 14, 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 April 14, 2009 FINAL MAYOR 1. Appointment Buffalo Arts Commission(Mazzone) R&F 2. Appointment Emergency Medical Services Board(Whitfield) R&F MAYOR – EXECUTIVE 3. Citizen Services-Submission of Monthly Report-March 2009 R&F 4. Plan Bd-East Side Housing Opportunities-Phase II R&F 5. Plan Bd-Neg Declaration-18 Agassiz Circle(Del) R&F 6. Plan Bd-Neg Declaration-1716 Kenmore Ave(North) R&F 7. Plan Bd-Neg Declaration-317 Maple St(Ell) R&F 8. Plan Bd-Neg Declaration-263 Michigan Ave(Ell) R&F 9. Plan Bd-Neg Declaration-7 South Michigan(Ell) R&F 10. Plan Bd-Neg Declaration-136 North Division(Ell) R&F 11. Plan Bd-Neg Declaration-210-214 Porter Ave(Nia) R&F COMPTROLLER 12. Certificate of Nec-Increased Approp-Strat Plan R&F 13. Certificate of Nec-Transfer in Funds PW R&F 14. Interfund Cash Loan APP 15. FEMA Award EMW-2008 Assistance to Firefighters Grant Program R&F PUBLIC WORKS 16. Banners Within City ROW R&F 17. Report of Bids-Coca Cola Field-Roof Reconstruction(Ell) APP 18. Report of Bids-Water Dist Improvements(South) APP 19. South Park Ave Lift Bridge Emerg Structural Repairs APP POLICE 20. Appt Crime Analyst (Perm)(Max)(Marciano) CS CORPORATION COUNSEL 21. Appt Assistant Corp Counsel II (Perm)(Inter)(Cooper) CS PERMITS AND INSPECTIONS 22. Food Store License-2594 Bailey (Lov) LEG 23. Food Store License-825 Broadway(Fill) LEG 24. Food Store License-1266 East Delavan(Univ) LEG 25. Food Store License-108 William(Ell) LEG 26. Used Card Dealer 2086 Niagara (North) APP 27. Used Car Dealer-490 Seneca St(Ell) LEG HUMAN RESOURCES 28. NYS Labor Occupational Safety & Health Training & Ed Contract APP HOUSING AUTHORITY 29. Approve MEM of Agmt Btwn BMHA and Local 264 LEG CITY CLERK 30. Notice of Intention-Petition to Change the Name of Sweet Ave to Madinah Ave(hrg 4/28) LEG 31. Liquor License Applications R&F 32. Leaves of Absence R&F 33. Notices of Appointments-Council Interns ADOPT 34. Notices of Appointments-Mayors Program R&F 35. Notices of Appointment-Seasonal R&F 36. Notices of Appointments- Temp/Prov/Perm CS MISCELLANEOUS 37. Buffalo Water Board-Monthly Operations Report March 2009 FIN 38. L.P. Ciminelli-Board Packet Documents April 2009 R&F 39. M. Kearns-CDBG Program Monitoring Report for COB-Phase 1 & 2 CD 40. M. Kearns-HUD Report CD 41. Erie Canal Harbor Devel Corp-Notice of Proposed Lead Agency Designation Proposed Buffalo Harbor Bridge LEG 42. SEQR-Proposed Buffalo Harbor Bridge LEG 43. M. LoCurto-Resubmit Req for Info Adoption Annual Action Plan 2009-10 CD 44. E. Loucks-Complaints Battaglia Construction LEG 45. A. Magierski-Town of Cktg-Adopted Resolution Amend Zoning Law R&F 46. NYSDEC-SEQR Battaglia Coordination LEG 47. NYSDEC-Update on Env Investigation-Bflo China Site LEG PETITIONS 48. Reverend R. Sessum, Agent, Use 722 William for a HSF(Fill)(no pub hrg) LEG,CPBD,ZONING 49. Reverend R. Sessum, Agent, Use 378 Box St for a HSF(Mas)(no pub hrg) LEG,CPBD,ZONING 50. J. Powers, Agent, Use 26 Wyoming for a HSF (Mas)(no pub hrg) LEG,CPBD,ZONING 51. R. McCune & O-Oppose Expansion & Operation of Battaglia Construction LEG 52. L. Fumerelle & O-Support Opening Deli 332 S. Elmwood(Niag) LEG 53. M. Drennan & O-Say No to William St Slaughterhouse LEG RESOLUTIONS 88- 54. Fontana, etc Creating a Summary of New Business License Appl-Post on Website & Forward to District CM ADOPT 89- 55. Fontana Excuse Councilmember LoCurto From Council Meeting ADOPT 90- 56. Franczyk Reduced Hours at the Broadway-Fillmore Station Post Office ADOPT 91- 57. Kearns Appt Assistant Legislative Aide II(Reyes) ADOPT 92- 58. Kearns Increased Approp-Strat Plan APP 93- 59. Kearns Transfer in Funds-PW APP 94- 60. Rivera Req Admin Draft Restore NY Appl-Prior to Pub Hrg R&F 95- 61. Smith Excuse Council Member Davis From Council Meeting ADOPT 96- 62. Smith Full Disclosure on Home Sales in COB Preservation District LEG 97- 63. Smith Comm of Deeds Public Duties ADOPT 98- 64. Smith Comm of Deeds ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 54- 1. Com 36 Mar 31 Notices of Appointments-Temp/Prov/Perm(Cty Clk) R&F FINANCE 55- 2. Res 108 Mar 31 Restore NY Comm Initiative-Municipal Grant Program(hrg 4/14) APP 56- 3. Com 9 Mar 31 Second Quarter Gap Sheet-2008-2009(Compt) BUDGET 57- 4. No 45 Mar 31 M. Kearns-R. Speth-Conditions of Caz Park and Casino CD 58- 5. No 31 Mar 17 Bflo Water System Monthly Report-Feb 2009 R&F 59- 6. Com 20 Mar 3 FEMA Award-Assistant to Firefighters Grant Program(Fire) APP 60- 7. No 50 Mar 3 BLS Course Sponsorship & Establishing New Revenue Accounts (Fire)(# 31, 12/9) APP 61- 8. Com 9 Feb 17 BLS Course Sponsorship & Est New Revenue(Compt) R&F 62- 9. No 44 Feb 17 M. Mortenson-Request Extension or New Lease-Tift Nature Preserve(#36,2/3) R&F COMMUNITY DEVELOPMENT 63- 10. No 43 Mar 31 M. Kearns-M. Razmus-Concerns-NFTA Abbott Road Bus Concern TRANS 64- 11. No 41 Mar 17 M. LoCurto-City of Buffalo Block Grant Program R&F 65- 12. No 34 Mar 3 M. Kearns-M Overdorf-NFTA ROW Parcels from Michigan to Smith St__ WFRONT 66- 13. Com 9 Jan 20 Results Neg-263 Orange(Ell)(Strat Plan) RECOMMIT 67- 14. Com 10 Jan 20 Results Neg-288 Seventh (Ell)(Strat Plan) RECOMMIT 68- 15. No 43 Jan 20 Results Neg-628,630 and 634 E. North (Ell)(Strat Plan)(#13,12/23) RECOMMIT 69- 16. No 69 Nov 12 Req Legal Ruling Re Hazardous Condition of Properties Owned By PBA (Busti)(#39, 10/28) R&F LEGISLATION 70- 17. No 52 Mar 31 S. Tocquie, Owner, Use 688 E Delavan for A Beauty Parlor(Mas)(hrg 4/7)APP 71- 18. No 53 Mar 31 S. Schneider, Owner, Use 427 Delaware For A Patio (Ell)(hrg 4/7) APP WCOND 72- 19. No 55 Mar 31 B. Vaillancourt, Agent, Use 7 Michigan South for 1 Story Masonry/Metal Panel Addition (South)(hrg 4/7) APP 73- 20. No 56 Mar 31 T. Briatico, Agent, Use 518 Niagara for an Outdoor Patio(Ell)(hrg 4/7) APP W/COND 74- 21. Com 27 Mar 31 B. Davis-Days Park Block Club Against Renewal of License 309 Hudson(Ell)(EDPI) R&F 75- 22. Com 29 Mar 31 Food Store License 721 Tonawanda(North)(EDPI) APP W/COND 76- 23. No 44 Mar 31 M. Kearns-M. Ryan-Quality of Life Concerns-Need to Enforce Law on Unlawful Posters POL OV 77- 24. No 50 Mar 31 G. Ziolkowski-Shut Down of T.J. Dulski Community Center R&F 78- 25. No 35 Mar 17 B. Davis-Days Park Block Club Against Renewal of License 309 Hudson_R&F 79- 26. Com 13 Feb 17 After Action Report Winter Storm 12/19 thru 12/22(PW) R&F nd 80- 27. No 36 Feb 17 A. Swingler, Agent, Use 2067 Niagara St-2 Floor Apt Temp Housing for HSF (North)(No Pub Hrg) APP 81- 28. No 61 Feb 17 Vulcan Supportive Apartments, Use 311 Vulcan for A HSF (North)(No Pub Hrg)(#39, 2/3) APP 82- 29. Res 68 Feb 17 HRM Req NYS Leg to Approve Bill Amending V & T Law Regarding Civil Liability of Vehicle Owners for Traffic Signal Violations in COB_ R&F 83- 30. Com 22 Mar 17 Resp-Req NYS Leg to Approve Bills Amending V&T Law Re Civil Liability of Vehicle Owners for Traffic Signal Violations in COB(Police) R&F 84- 31. No 40 Mar 3 Traffic Signal Controls and Red Light Running Articles R&F 85- 32. No 59 Feb 3 Revised Snow Removal Standard Operating Procedure 2008-2009 (Mayor)(Com #1, Jan 20) R&F 86- 33. No 75 Dec 23 B. Davis-V. Lepera-Outside Patio-88 W. Chippewa(Ell)(#54, 12/9) R&F 87- 34. No 61 Sept 30 D. Smith-News Article-City Manager R&F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, APRIL 14, 2009 AT 2:00 P.M. Present - David A. Franczyk, President of the Council, and Councilmembers: , Fontana, Golombek, Kearns, Rivera, Russell, Smith - 7 Absent - Davis, LoCurto 2 On a motion by Mr. Fontana, Seconded by Mrs. Russell, the minutes of the stated meeting held on March 31, 2009 were approved. FROM THE MAYOR NO 1 APPOINTMENT-BUFFALO ARTS COMMISSION Pursuant to Chapter 6, Article V, Section 6-26 of the Buffalo Code, I hereby appoint Thomas J. Mazzone, 88 Goethe Street, Buffalo, New York, 14206 to serve as a member of the Buffalo Arts Commission. Mr. Mazzone shall serve at the pleasure of the Mayor during his term in office. By charter term shall be concurrent with term of appointing authority. Mr. Mazzone has over 10 years of business and sales management experience including his experience as an entrepreneur and businessman in the community. He is an active member of the Federation of Italian-American Societies of Western New York and the Good Government Club of Western New York. I hereby certify that Thomas J. Mazzone is fully qualified to serve on the Buffalo Arts Commission. RECEIVED AND FILED NO 2 APPOINTMENT-EMERGENCY MEDICAL SERVICES BOARD Pursuant to Article XIX of Chapter XXV, Section 72-6, of the Code of the City of Buffalo, I hereby appoint Deputy Fire Commissioner Garnell W. Whitfield, Jr., 581 Grider Street, Buffalo, New York, 14215 to serve as Chairman of the Emergency Medical Services Board for a 3-year term commencing immediately and expiring February 29, 2012. I hereby appoint Douglas Ruffin, 703 West Ferry, Buffalo, New York, 14222 to serve as a member of the Emergency Medical Services Board for a 3-year term commencing immediately and expiring February 29, 2012. Mr. Ruffin serves as Director of Senior Services in the Department of Community Services and Recreational Programming. I hereby certify that the above named individuals are fully qualified to serve on the Emergency Medical Services Board. RECEIVED AND FILED FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO 3 SUBMISSION OF MONTHLY REPORT- MARCH 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 March 2009, as mandated by Section 6-20(c) of the City of Buffalo's City Charter. This monthly statistical report details the number and nature of inquiries, requests and complaints received. RECEIVED AND FILED FROM THE CITY PLANNING BOARD NO 4 PLAN BD-EAST SIDE HOUSING OPPORTUNITIES-PHASE II Dear Mr. Riegel: The City of Buffalo Planning Board, at a meeting held on Tuesday, March 24, 2009, considered the matter captioned above pursuant to Section 511-137 of the Buffalo Code-City Wide Site Plan Review. The Planning Board has determined that the design and site plan meets the criteria for site plan approval contained in section 511-145 and 511-146 of the Buffalo Code. A New York State Environmental Quality Review Negative Declaration has been prepared and approved by the City of Buffalo Urban Renewal Agency acting as Lead Agency. The City of Buffalo Planning Board voted to approve as presentedthe site plan, design and elevations dated February 24, 2009 for the construction of 50 units of single family homes addressed on the attached list, all located in Buffalo New York. This approval is valid until March 24, 2010. This letter is not a building permit. It is the responsibility of the owner to see that all required permits are issued prior to the commencement of the actual work. If you should have any further questions regarding the above, please feel free to contact me anytime at (716) 851-5086. Sincerely William Grillo Principal Planner COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW RECEIVED AND FILED NO 5 PLAN BD-NEG DECLARATION-18 AGASSIZ CIRCLE SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 517 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 Medaille College Location: 18 Agassiz Circle Type of Action: Unlisted- Uncoordinated Description: Medaille is proposing the construction of building additions to an existing campus building located at 18 Agassiz Circle. The proposed project is to construct two additions to Huber Hall (a college staff office building housing a library). Both additions will be one story including a 1581 sq. ft. to relocate the existing library and a 6,506 sq. ft. area to house the existing offices and student work spaces for the Student Success Center. New landscaping will be added around Huber Hall. The project will not increase the student population or parking requirements on campus. The project is privately funded by Medaille College with the estimated cost being approximately 900,000 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 the continued success of the Medaille College Community helping to provide a great education experience, 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 6 PLAN BD-NEG DECLARATION-1716 KENMORE AVE (NORTH) NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON- SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEQR), Article 8 of the New York State Environmental Conservation Law, Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Price Rite Renovation Location: 1716 Kenmore Avenue Type of Action Unlisted-Uncoordinated Description: Price Rite Supermarket is proposing the rehabilitation of the building on the property located at 1716 Kenmore Avenue, Buffalo New York. The proposed project will totally renovate the entire building by installing all new interior walls, floors, ceiling and lighting. New equipment will be installed in the total amount of 1.6 million dollars with a complete building budget of 3 million dollars, The outside of the building will be painted and repaired. The existing parking lot will be sealed and striped. Landscaping will be included along the perimeter and in the parking area. The project is privately funded with a total budget of 3 million dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will upgrade an existing vacant building in the Military/Hertel area of the City of Buffalo as well as provide employment opportunities to the neighborhood residents. The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - (716) 851-5085. RECEIVED AND FILED NO 7 PLAN BD-NEG DECLARATION-317 MAPLE ST (ELL) NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON- SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEQR), Article 8 of the New York State Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title: 317 Maple Street, New Home Location: 317 Maple Street Type of Action: Unlisted - Uncoordinated Description: Paul Lamarelli on behalf of the Wiggins Family is proposing to construct a new home on the property located at 317 Maple Street, Buffalo New York. The home will consist of a two family, two and a half story house. The Wiggins Family currently lives across the street from the site at 308 Maple and is being relocated because of the future proposed construction of a skilled nursing facility as part of the BNMC project. The double home will have Mrs. Wiggins living on the first floor and her daughter living on the second floor. Mrs. Wiggins wanted to stay in her community to continue her contact with her many friends and neighbors. The exterior finishes are architectural shingles, white vinyl siding, white vinyl windows & a vinyl railing at the front porch. A concrete driveway and landscaping is included. The project is privately funded the amount of 200,000. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: The project will allow the Wiggins family remain part of their community where they have lived for many years. The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect, Therare no e 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-NEG DECLARATION-263 MICHIGAN AVE (ELL) NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON- SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental, Quality Review Act (SEQR), Article 8 of the New York State, Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901,City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title: Michigan Transportation Museum – Façade Location: 263 Michigan Avenue Type of Action: Unlisted - Uncoordinated Description: James Sandoro is proposing to rehabilitate the facade on the property located at 263 Michigan Avenue, Buffalo New York. The Buffalo Transportation Museum is located in a one story masonry building. The proposed facade renovations are planned to occur on the north, west and south elevations of the building. At this time, there are no other improvements planned in regard to this project. Demolition activities include the removal of the existing storefronts, glazing, plywood, precast sills, precast and clay copings, and partial height concrete masonry units to receive the new brick veneer. No demolition work is scheduled for the interior. The facade improvements include new precast copings, sills, caps and frames, new architectural masonry units and modular bricks, and new canopies with prefinished metal copings. Decorative elements include new wall sconces. Eye bolts will be installed in the new masonry for the connection and display of banners. The project is funded in the amount of 400,000 dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: The project will continue the rehabilitation of the Buffalo Transportation museum that has been a successful tourist and local Buffalo attraction for many years. The building being owner occupied also guarantees that the building will have continuous maintenance. 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-NEG DECLARATION – 7 SOUTH MICHIGAN (ELL) NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON- SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEQR), Article 8 of the New York State Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Description: General Mills Inc. is proposing to construct a building addition on the property located at 7 South Michigan Avenue, Buffalo New York. The project involves an addition to the existing general office facility of General Mills Inc. The work consists of a 1360 sq ff addition to the general office facility and 272 sq ff of landscaping, 20% of the new addition. The project incorporates needed security updates to comply with homeland security standards for a port facility, visitor center, and ADA accessibility enhancements, including a handicap lift and toilet room. Also, a visitor waiting area and conference room will allow controlled access to the facility. The work does not impact parking or vehicle circulation. The project is privately funded in the amount of 400,000 dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: The project will allow General Mills to comply with Homeland Security requirements for a port facility 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. L 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- NEG DECLARATION-136 NORTH DIVISION (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 Ailing & Cory Building Location: 136 North Division Street Type of Action: Unlisted- Coordinated Description: Schneider Development, LLC is proposing the rehabilitation of the building located at 136 North Division Street Buffalo New York. The proposed includes eighty eight apartment units housing 287 students. It is proposed that the three unit types will be available for the 2010-2011 school year; Single bed studio apartment, 4 person- 2 bed apartment and 4 person-4 bed apartments. State of the art security will be provided throughout the complex. Interior and exterior community areas will be provided for student use and an on site store will provide basic food staples. Shared laundry facilities will be installed. The site will provide on site gated parking for 59 vehicles in the south lot and for an additional 35 spaces in a semi gated north lot. Landscaped green area will he provided throughout the site. Additional parking will be provided to all full time ECC students residing in the apartment building at all surrounding ECC lots. Permanent project financing will be provided by the private non governmental source; The Community Preservation Corporation. A Phase I Environmental Assessment Study was completed on the property in 2001 and only minor amounts of asbestos were found. The study will be updated by LCS (Lending and Construction Services of Buffalo). The asbestos will be removed as part of the construction process. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse effect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will assist with the continued success of the many new development in Downtown Buffalo bringing individuals to the area to take advantage of the many opportunities available, The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect, There are no actions, which will have a significant adverse impact on the environment, For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851-5085 RECEIVED AND FILED NO 11 PLAN BD-NEG DECLARATION-210-214 PORTER AVE (NIA) NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON- SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEQR), Article 8 of the New York State Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title JDM Citgo, LLC Location 210-214 Porter Avenue Type of Action Unlisted-uncoordinated Description: JDM Citgo is proposing the construction of a building addition on the property located at 210-214 Porter Avenue, Buffalo New York. The proposed project includes the construction of a 14.5 X10.25 addition to an existing building for the purpose of installing an ADA Accessible Bathroom and a Management Office for the gas station and minimart. The existing minimart floor space will be rearranged to provide room for a kitchen consisting of a grill, pizza oven and fryer for the preparation of various take- out meals. The project is expected to begin in May of 2009 and be complete in July 2009. The project is privately funded in the amount of 60,000 dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: The project will allow the owner to continue the success and growth of a business that has been located in this area for many years. The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - (716) 851-5085. RECEIVED AND FILED FROM THE COMPTROLLER NO 12 CERTIFICATE OF NEC-INCREASED APPROP-STRAT PLAN AIM Strategic Planning We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20-11 of the Charter, that an increase in the sum of $162,000 in the estimate for the fiscal year beginning July 1, 2008 is necessary in Strategic Planning to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from increased revenue in the account titled NYS Aid Incentive to Municipalities, not otherwise appropriated for any other purpose. The details of the requirements are set forth below: That, the Comptroller be and hereby is authorized and directed to increase the revenue estimate for account: From: 10700010 - 335009 NYS Aid Incentive to Municipalities (AIM) $162,000 To: To meet the increased appropriation as set forth below: 10309006 480000 Strategic Planning Other Services $162,000 Dated: Buffalo, NY, March 20, 2009 RECEIVED AND FILED NO 13 CERTIFICATE OF NEC-TRANSFER IN FUNDS PW We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20-12 of the Charter, that it is necessary that the sum of $320,000 be transferred and reappropriated within the Public Works, as set forth below: From: Engineering 13111005 - 466200 - Road Supplies $ 75,000 13112006 - 443100 - Road Repairs $245,000 To: 13296003 441004 Buildings – Telephone $130,000 13365006 - 480000 Telecommunications - Other Services $ 90,000 15030005 -461106 Streets - Salt & Sand $100,000 Dated: Buffalo, NY, March 11, 2009 RECEIVED AND FILED NO 14 INTERFUND CASH LOAN Certain Federal and State aided programs require a cash advance until the program is operating and reimbursement is received. I have reviewed the program listed below and determined the cash needs to be warranted. I have approved an interfund cash loan to be made in the maximum amount of $600,000 as needed subject to your approval. Loan is payable at date of reimbursement. FROM: 1000-General Fund TO: 3181 - 1318 Niagara St Remediation GRANT TITLE: City of Buffalo - 1318 Niagara St Remediation #C304067 GRANT AGENCY: New York State Department of Environmental Conservation GRANT AMOUNT: $666,000.00 LOAN AMOUNT: Maximum of $600,000.00 Estimated Date of Repayment: June 30, 2010 Brian Reilly, Commissioner of Economic Development, Permit & Inspection Services Mr. Fontana moved: That the above communication from the Comptroller dated April 6, 2009, be received and filed; and That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the Genera! Fund to the City of Buffalo - 1318 Niagara Street Remediation #C304067 in the amount of $600,000. The loan will be payable at date of reimbursement. PASSED AYES - 7 NOES - 0 NO 15 FEMA AWARD EMW-2008-F0-10698 ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM (AFG) PRIOR COUNCIL REFERENCE: (IF ANY) Item No. 20, C.CP. 3/3/09 The Common Council has forwarded this item to my office for a response. My office does not receive information on grants or a request to establish an account until the acceptance of the grant has been approved by the Common Council and the Buffalo Fiscal Stability Authority. In addition, we also require the final grant agreement signed by the grantor agency before allowing any grant disbursements. At this time, I have no reason to object to the City accepting the Assistance to Firefighter Grant from FEMA for $948,000. Since a match is required, I recommend that you make sure City funds will be available as my office will require that the match funds be transferred to the grant account at the inception of the grant. RECEIVED AND FILED FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO 16 BANNERS WITHIN CITY RIGHT OF WAY The Department of Public Works, Parks & Streets has reviewed the following requests to hang banners and has no objection provided all conditions provided to the applicants by the Division of Engineering are met. 1. Item #123, CCP 3/17/09 "Permission to Hang "The Hellenic Festival" Banner 2. Item #72, CCP 3/17/09 "Permission to Hang a Banner across Delaware Ave. in front of Trinity Episcopal Church" RECEIVED AND FILED NO 17 REPORT OF BIDS-COCA COLA FIELD-ROOF RECONSTRUCTION (ELL) I advertised for on January 9, 2009, and received the following formal sealed bids for the Coca Cola Field, Roof Reconstruction (Partial), which were publicly opened and read on January 23, 2009. The Commissioner of Public Works, Parks & Streets has declared an emergency and is entering into an agreement with Jameson Roofing Co., Inc. to do this work. Jameson Roofing Co., Inc $45,477.00 3761 East Lake, Dunkirk, NY 14048 Jos. A. Sanders & Sons $49,178.00 P O Box 814, Buffalo, NY 14240 Grove Roofing $50,750.00 131 Reading, Buffalo, NY 14220 Progressive Roofing $96,350.00 331 Grote, Buffalo NY 14207 I hereby certify that the foregoing is a true and correct statement of all bids received and that Jameson Roofing Co., Inc., with a base bid of Forty Five Thousand Four Hundred Seventy Seven and 00/100 Dollars ($45,477.00), is the lowest responsible bidder in accordance with the plans and specifications. Because this roof was under warranty, a claim was made with Chubb Federal Insurance and a check in the amount of $35,780.42 was received on 02/27/09. This money was put into account 39320806 445100. The City of Buffalo will only be responsible for $9,696.58, which is available in 39320806 445100, Buildings. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April 3, 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 Coca Cola Field, Roof Reconstruction (Partial), to Jameson Roofing Co., Inc., the lowest responsible bidder, in the amount of $45,477.00. The City of Buffalo's funds for the project in the amount of $9,696.58 are available in account 39320806 445100, Buildings. PASSED AYES - 7 NOES - 0 NO 18 REPORT OF BIDS-WATER DIST IMPROVEMENTS (SOUTH) Report of Bids for Water Distribution System Improvements South, Various Location-2 South District This is to advise your Honorable Body that I have advertised for and received bids on April 3, 2009 for water distribution system improvement -South (Various location). The following bids received: 1-Visone Construction, Inc. $1,399,092.65 79 Sheldon Ave. Depew, NY 14043 2-Kandey Company, Inc. $1,433,315.00 19 Ransier Dr. West Seneca, NY 14224 3-Destro Brothers Concrete Company, Inc. $1,507,138.50 411 Ludington St. Buffalo, NY 14206 4-Mar-Wal Construction Co., Inc. $1,640,278.18 440 Gould Ave. Depew, NY 14043 5-Sicar Management & Construction, Inc. $1,686,105.25 1128 Jamison Rd. Elma, NY 1405 Engineer estimate: $ 1,718,980.00 I hereby certify that the lowest responsible bidder is Vissone. Also, I respectfully recommend that your Honorable Body authorize a contract award in the amount $ 1,539,001.91(Based Bid $ 1,399,092.65+ a $139,909.27-10% unit bid increase$ 1,539,001.92). The funds are available in a Division of Water account 53210716-445100. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April 6, 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 Water Distribution System Improvements - South (Various locations-2), to Vissone Construction, Inc., the lowest responsible bidder, in the amount of $1,539.001.91 (Base Bid $1,399,092.65 + $139,909.27-10% unit bid increase = $1,539,001.92. Funds for the project are available in a Division of Water account 53210716-445100. PASSED AYES - 7 NOES - 0 NO 19 SOUTH PARK AVE LIFT BRIDGE EMERGENCY STRUCTURAL REPAIRS On a recent inspection of the South Park Avenue Lift Bridge the New York State Department of Transportation issued structural flags to two cracked deck beams on the bridge. Due to the scope and magnitude of the necessary repairs I hereby declared an emergency situation. As TVGA Consulting Engineers recently completed work on the bridge and do to their familiarity with the bridge I retained their firm to conduct an investigation of the cracked beams and design a repair detail that would satisfy the New York State Department of Transportation. Emergency Bids were opened on April 3, 2009 as follows: Hohl Industrial Services $38,400.00 770 Riverview Blvd. Tonawanda, New York 14150 Contour Erection & Siding Systems Inc. $38,625.00 7254 Southwestern Boulevard Eden, New York 14057 Oakgrove Construction No Bid 6900 Seneca Street P.O. Box 103 Elma, New York 14059 I am hereby requesting your Honorable Body order the work thereof and approve payment to Hohl Industrial Services in the amount of $38,400.00. In addition approve payment to TVGA Consulting Engineers for the time and material for the design and inspection of the repair of the bridge in an amount not to exceed $16,500.00. Funds for this work are available in the Capital Highway Improvement Fund 30032106 and Emergency Bridge Repair Account 31310606. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April 8, 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 South Park Lift Bridge - Emergency Repairs, to Hohl Industrial Services, in the amount of $38,400.00 and to TVGA Consulting Engineers for the time and material for the design and inspection of the repair of the bridge in an amount not to exceed $16,500.00. Funds for the project are available in the Capital Highway Improvement Fund 30032106 and Emergency Bridge Repair Account 31310606. PASSED AYES - 7 NOES - 0 FROM THE COMMISSIONER OF POLICE NO. 20 CERTIFICATE OF APPOINTMENT Appointment Effective 3/18/2009 in the Department of Police, Division of Admin & Communications to the Position of Crime Analyst, Permanent at the Maximum Salary of $53,584.00 Kathleen Marciano, 458 Parkside Avenue, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CORPORATION COUNSEL NO. 21 CERTIFICATE OF APPOINTMENT Appointment Effective March 26, 2009 in the Department of Law to the position of Assistant Corporation Counsel II, Permanent Non- Competitive appointment at the Intermediate Salary of $61,212.00 Cindy Cooper, 174 Richmond Avenue, Buffalo, NY 14222 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 22 FOOD STORE (NEW) 2594 BAILEY (LOVEJOY) 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 2594 Bailey (Schreck Grocery) 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. 23 FOOD STORE LICENSE 825 BROADWAY (FILLMORE) 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 825 Broadway (Broadway Lucky 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. 24 FOOD STORE (NEW) 1266 EAST DELAVAN (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 1266 East Delavan (Sunoco Food 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. 25 FOOD STORE (NEW) 108 WILLIAM (ELL) 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 108 William (Sunrise 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. 26 USED CAR DEALER 2086 NIAGARA ST. (NORTH) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that l have examined the attached application for a Used Car Dealer License located at 2086 Niagara St. and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of John Cretacci. The attached thereto for John Cretacci dba/Niagara Auto Sales Inc.. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated April 1, 2009, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Used Car Dealer license to John Cretacci d/b/a Niagara Auto Sales, Inc. located at 2086 Niagara Street. PASSED AYES -7 NOES - 0 NO. 27 USED CAR DEALER 490 SENECA ST. (ELLICOTT) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 490 Seneca St. and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Peter Pena. The attached thereto for Peter Pena dba/Porky's Automotive Repair.. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF HUMAN RESOURCES NO. 28 NEW YORK STATE OF LABOR OCCUPATIONAL SAFETY AND HEALTH TRAINING AND EDUCATION CONTRACT NUMBER T013129 Please find attached the copy of the contract for the 2008/2009 Occupational Safety & Health Training and Education contract. The City of Buffalo has been successful in obtaining grant funds for an employee Safety and Health Training Program through the New York Department of Labor-Contract Number TO 13129. The amount of the grant is award is $10,786.00. There is no City match involved with this grant. The safety training grant was sought in order to protect our employees by training them to prevent injury and also to migrate the costs associated with injury. The funds are to be used by the Department of Human Resources for an employee safety training program to be conducted by Erie Community College for workers in each city department including the Common Council and City Clerk. Sessions will provide training to individuals for proper techniques and use of appropriate equipment in carrying out their work responsibilities. The following topics will be covered in training sessions: Back Injury, slips and falls, job stress, protective equipment, workplace violence, hazard communication and indoor air quality. I am therefore requesting permission from your Honorable Body for the City of Buffalo to accept grant money funds from the New York State Department of Labor to implement this grant, and to set up an account receivable for this purpose. Mr. Fontana moved: That the above communication from the Director of Personnel of the Department of Human Resources dated April3, 2009, be received and filed; and That the Commissioner of Human Resources be, and she hereby is authorized to accept a grant award in the amount of $10,786.00 from the New York State Department of Labor to implement the New York State Department of Labor Occupational Safety and Health Training and Education Contract Number TO 13129 and that the Comptroller be, and he hereby is authorized to provide an account for this purpose. PASSED AYES - 7 NOES - 0 FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY NO. 29 TO APPROVE THE MEMORANDUM OF AGREEMENT BETWEEN THE BMHA AND LOCAL 264, BLUE COLLAR, WHITE COLLAR & MANAGERIAL UNITS AS WELL AS SALARY INCREASES FOR NON-REPRESENTED PERSONNEL In accordance with Section 32 of the Public Housing Law, we respectfully request that your Honorable Body consider and approve the attached Resolution No. 09462 regarding the Memorandum of Agreement between the BMHA and Local 264, Blue Collar, White Collar & Managerial Units and salary increases for non-represented personnel that was approved by the BMHA Board of Commissioners at their meeting held on April 6, 2009. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE CITY CLERK NO. 30 NOTICE OF INTENTION- PETITION TO CHANGE THE NAME OF SWEET AVENUE TO MADINAH AVENUE (CCP# -60,3/31/09) This is to advise you that the public hearing for the above item is set and will be advertised for April 28, 2009 at 2:00 p.m REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 31 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 1834 William Fontana's Ogden Restaurant Dolores L Fontana 3051 Main St Broadway Joe's Bar & Grille Bryan Parker 30 Mississippi St The Irish Way Quinn O'Brien 350 Pennsylvania Prospero Rest & Catering Peter Provenzo 1491 Broadway Jr's Lounge R. Heil 2022 Seneca St Francesca's Italian Cusine Mary Anne Manchmone 362 Military Road Miltary Road Tavern Military Road Tavern INC RECEIVED AND FILED NO. 32 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: X Police- Stacy Lewis, Molly Costantino RECEIVED AND FILED. NO. 33 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 April 7, 2009 in the Department of Common Council, Division of South District to the Position of Intern VI, Seasonal, Unclassified at the flat salary of $10.00 Michael Blake, 60 Houston St, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 34 APPOINTMENTS-MAYOR'S YOUTH OPPORTUNITY & EMPLOYMENT I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. RECEIVED AND FILED. CERTIFICATE OF APPOINTMENT Appointment Effective April 2, 2009 in the Department of Executive Division of Mayor to the Position of Intern IX, Unclassified, Non Competitive at the Hourly salary of $11.57/hr LaShandra Williams, 611 Colvin Avenue, Buffalo, NY 14216 NO. 35 NOTICES OF APPOINTMENTS - SEASONAL/FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. CERTIFICATE OF APPOINTMENT Appointment Effective March 30, 2009 in the Department of Public Works, Parks and Streets, Division of Engineering to the Position of Laborer II, Seasonal appointment at the Flat salary of $11.11/hr Erik Clements, 169 Timon Street, Buffalo, NY 14208 William Westbrooks, 204 Sanders Road, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment Effective April 6, 2009 in the Department of Administration and Finance, Policy & Urban Affairs, Division of Parking Enforcement to the Position of Laborer II, Seasonal appointment at the Flat salary of $11.57/hr Robert Nespal Jr., 72 Heward Avenue, Buffalo, NY 14207 NO. 36 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. CERTIFICATE OF APPOINTMENT Appointment Effective March 16, 2009 in the Department of Law to the Position of Assistant Corporation Counsel I (Muni) permanent, Non Competitive at the minimum salary of $50,604.00 Robert Quinn, 140 Linwood Ave Apt A-3, Buffalo, NY 14209 CERTIFICATE OF APPOINTMENT Appointment Effective March 30, 2009 in the Department of Public Works, Parks & Streets, Division of Streets to the Position of Truck Driver, Provisional Appointment at the minimum salary of $31,295 Gregory Leonard, 149 Cushing Street, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment Effective March 30, 2009 in the Department of Public Works, Parks & Streets, Division of Streets to the Position of Motor Equipment Mechanic, Permanent Appointment at the minimum salary of $32,690 Brian R. Yox, 116 Trowbridge Street, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment Effective April 6, 2009 in the Department of Public Works, Parks & Streets, Division of Streets to the Position of Motor Equipment Mechanic, Permanent Appointment at the minimum salary of $32,690 Mark R. Lewandowski, 51 College St, Buffalo, NY 14201 CERTIFICATE OF APPOINTMENT Appointment Effective April 6, 2009 in the Department of Police, Division of Admin & Communication to the Position of Crime Analyst, Permanent Appointment at the minimum salary of $45,741 Tracy Masiello, 11 Clarendon Place, Buffalo, NY 14209 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-0FFICIAL COMMUNICATIONS NO. 37 MEMORANDUM BUFFALO WATER BOARD-MONTHLY OPERATIONS REPORT MARCH 2009 Item Available in the City Clerk’s Office REFERRED TO THE COMMITTEE ON FINANCE NO. 38 LP CIMINELLI-BOARD PACKET DOCUMENTSATTACHED ARE THE FOLLOWING DOCUMENTS FROM THE JOINT SCHOOLS CONSTRUCTION BOARD MEETING SCHEDULED ON APRIL 6, 2009: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated March 2, 2009 3. Fully Executed Phase III Application and Certificate for Payment No. 23 - February 2009 4. Phase III Application and Certificate for Payment No. 24 - March 2009 5. Phase 1V Application and Certificate for Payment No. 9 - March 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 February 2009 8. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase III - February 2009 Copy available in the City Clerk’s Office RECEIVED AND FILED NO. 39 M. KEARNS- COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM MONITORING REPORT FOR THE CITY OF BUFFALO, NY (MONITORING DATES: PHASE 1 - JUNE 16 -JULY 2, 2008; PHASE 2 - AUGUST 25 - SEPTEMBER 11, 2008) CONDUCTED BY HUD'S OFFICE OF COMMUNITY PLANNING & DEVELOPMENT IN BUFFALO, NY. I am writing to you in regards to the CDBG Monitoring Report which was recently released for the City of Buffalo, NY by your agency. As a taxpayer and legislator for the City of Buffalo, I am deeply troubled by the large number of findings and concerns noted by HUD in regard to various areas of the City's CDBG program that appear in this report, as well as the report's mention of there being "inconsistencies in reporting information identified through IDIS and numerous questions that surfaced during the review of the City's 2008-2012 Consolidated Plan submitted on March 17, 2008." According to the report, HUD "uses a risk-based approach to rate grantees, programs, and functions, including assessing the Department's exposure to fraud, waste and mismanagement" in determining which grantees will be monitored. The City of Buffalo was selected for monitoring as a result of this review. The report also makes clear that "monitoring is the principal means by which HUD ensures CDBG programs and technical areas are carried out efficiently, effectively, and that the programs comply with applicable laws and regulations . . . monitoring is not limited to a one- time review but is meant to be an ongoing process that assesses the quality of a grantee's performance over a period of time involving continuous communication and evaluation." In the report's Summary of Results and Conclusions, it states that HUD has identified nineteen findings and two concerns. Moreover, "In summary, it was noted that there is a commonality that exists among all findings identified centering on a deficiencies in the overall CDBG program management. This was evidenced by the City's lack of centralized accountability for oversight that is supported by an identifiable organizational structure and written policies and procedures to assess compliance and progress." This monitoring report makes it clear that serious problems exist with the City of Buffalo's CDBG program and that greater transparency and oversight is needed. We intend to use all powers at our disposal to ensure that any and all deficiencies in this program are addressed timely and appropriately. ;,., I respectfully request that a representative from HUD attend a meeting of the Common Council to explain in greater detail, the troubling issues addressed in this report. To this endI will. contact your office to arrange a mutually convenient meeting date and time. If you have any questions concerning this matter, please contact the undersigned at 716-851-5169. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 40 M. KEARNS MEMORANDUM HUD REPORT I would like to file the attached information for the next Common Council meeting to be held on April 14, 2009. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 41 ERIE CANAL HARBOR DEVELOPMENT CORPORATION NOTICE OF PROPOSED LEAD AGENCY DESIGNATION PROPOSED BUFFALO HARBOR BRIDGE CITY OF BUFFALO, ERIE COUNTY, NEW YORK The Erie Canal Harbor Development Corporation (ECHDC), a subsidiary of the New York State Urban Development Corporation d/b/a Empire State Development Corporation, proposes to serve as lead agency for the environmental review process to be carried out in accordance with the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations (6 NYCRR Part 617) associated with the Proposed Buffalo Harbor Bridge. Under agreement with the New York State Department of Transportation, ECHDC is leading all planning and preliminary engineering for the project, in line with its mission to help facilitate waterfront development in the City of Buffalo, New York. The project involves federal transportation funding, thus SEQRA process will be done concurrently with required environmental reviews under the National Environmental Policy Act (NEPA). The Federal Highway Administration will serve as the federal lead agency under NEPA. The proposed action has been classified as a Type 1 action under the implementing regulations for SEQRA. The proposed action involves the development of the Proposed Buffalo Harbor Bridge. The facility would be a new, moveable bridge located in one of several alternative locations within a 1.5 mile corridor extending from a northern terminus at the mouth of the Buffalo River in the vicinity of the Erie Basin Marina to a southern terminus near the southern navigation limit of the City Ship Canal west of the existing Ohio Street Bridge in the inner and outer harbor area of downtown Buffalo (containing various local streets that end short of the Buffalo River or the City Ship Canal). The bridge, a local roadway, would connect the City of Buffalo's Central Business District with the Outer Harbor. As part of the planning process for the project, a study will be conducted that will include soliciting public input/comment, investigating alternative locations and feasible bridge types (i.e., site analysis, preliminary engineering, and environmental review), and determining preliminary cost estimates. If within thirty (30) days from the mailing of this notification there are no comments, it will be assumed that your agency has no objections to ECHDC serving as lead agency for the environmental review of the project. A reply form is enclosed for your convenience. The contact person is Steven P. Ranalli, P.E., Senior Project Manager, Erie Canal Harbor Development Corporation, 95 Perry Street, Suite 500, Buffalo, New York, 14203, (716) 846-8241. A Full Environmental Assessment Form (EAF), Part 1, and a copy of this notice have been sent to: • City of Buffalo Common Council (c/o City Clerk); • City of Buffalo Department of Economic Development, Permit & Inspection Services; • City of Buffalo Department of Public Works, Streets and Parks; • Buffalo Fiscal Stability Authority; • Buffalo Sewer Authority; • Buffalo Urban Renewal Agency; • Erie County Department of Planning & Environment; • Erie County Department of Public Works; • Niagara Frontier Transportation Authority; • New York State Department of Environmental Conservation, Region 9 Director • New York State Department of Transportation, Regional Director, Region 5 • New York State Office of Parks, Recreation, and Historic Preservation - State Historic Preservation Office • New York State Department of State, Division of Coastal Resources (w/Coastal Assessment Form) • Federal Highway Administration, New York Division (for informational purposes only/no response required) • U.S. Army Corps of Engineers (for informational purposes only/no response required) • U.S. Coast Guard - Buffalo Complex (for informational purposes only/no response required) • U.S. Fish and Wildlife Service (for informational purposes only/no response required) REFERRED TO THE COMMITTEE ON LEGISLATION NO. 42 SEQRA-PROPOSED BUFFALO HARBOR BRIDGE Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable, It is also understood that those who determine significance may have little or no Formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1 : Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR USE ONLY DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: [] Part1 [] Part2 [] Part3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. B. Although the project could have a effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared. C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. *A Conditioned Negative Declaration is only valid for Unlisted Actions PROPOSED BUFFALO HARBOR BRIDGE Name of Action ERIE CANAL HARBOR DEVELOPMENT CORPORARTION Name of Lead Agency DENNIS M. MULLEN Print or Type Name of Responsible Officer in Lead Agency REFERRED TO THE COMMITTEE ON LEGISLATION NO. 43 M. LOCURTO-RESUBMIT REQ FOR INFO ADOPTION ANNUAL ACTION PLAN 2009-10 Dear Mr. Chwalinski, Please file the attached document for the upcoming Common Council session to be held on April 14, 2009. Thank you in advance for your assistance in this matter. Copy available for review in The City Clerk’s Office. Resubmitted from 3/31/2009 Council Meeting REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 44 E. LOUKS -COMPLAINTS BATTAGLIA CONSTRUCTION To Whom It May Concern, I, Edward Loucks, and my wife, Jean Loucks reside at 118 Peabody Street in the City of Buffalo. We have lived at this address since Oct. st 1 2001. Battagtia demolition has been behind us the entire time at this location. Mr. Battaglia has done some very damaging things to the area up to and including: A) He has destroyed a vacant lot which could have been used to build a house on. He has also destroyed the sidewalk which was on this property and has destroyed the curbs which surrounded this property. This property is located at the corner of Peabody and Scatchard Streets. This tot is currently being used by Battagtia demolition so that his trucks can make wide turns into his property. B) He has built a berm which will flood the houses adjacent to his property on Peabody Street. This berm was built by digging up the contaminated soil at his property and piling it up only feet from his '*neighbors" yards. C) He is now crushing concrete. It is creating a great deal of dust and Mr. Battaglia is not using water to keep the dust down. The dust from crushing concrete is known to cause respiratory damage and may contain carcinogens. He has trucks entering and leaving his business establishment loaded with product. Many of them without their loads tarped. This is a violation of local, city, state and federal laws and yet, no one seems to do anything about it. Now he wants to bring trash trains back into Buffalo. Doesn't anybody remember the fiasco a few years ago with new york city trash train. Remember the smell so bad that you couldn't open your windows. Remember the 100,000 Ib trucks destroying our streets and bridges. Remember the RATS and other vermin the size of small dogs. Not again, NEVER AGAIN. This simply cannot be allowed. I have a back room on my house that a few years ago, I paid a tot of money to renovate. The foundation was repaired and it was insulated and dry walled. This room has been perfect until late winter when Battaglia built that berm and now there are cracks in the walls of my room. My house vibrates badly when he is operating his machinery and he doesn't seem to care. He does what he wants, when he wants. Why does the City of Buffalo keep issuing permits to do anything he wants. Don't the city permits department or the inspectors care about the people living in this area. Don't they care about the quality of life that we have or in this case, don't have. Why don't you care about us? We are told by the City that we have to keep our property in a certain condition and with a few exceptions, we do. Many people in this neighborhood take great care in how their property looks and spend a Lot of money fixing and repairing our houses on[y to have Battaglia demolition slowly destroy them. I make good money and could live anywhere in Western New York. I choose to live here because the neighbors are friendly, honest, down to earth people. We watch each others property and a[ways try to help each other. Air except one. The neighbor who resides at 1037 Seneca Street. Battaglia Demolition. We, the people of Seneca Babcock area, hereby request that the City of Buffalo find Battaglia Demolition another location to do his business. Perhaps where the old Republic steel plant used to be. We request that all of his permits to conduct business in the City of Buffalo be temporarily suspended until such time as another property suitable for his use and away from any houses be found and secured and he moves his ENTIRE operation out of the Seneca Babcock area. Thank you for your consideration in this matter. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 45 A. MAGIERSKI-TOWN OF CKTG-ADOPTED RESOLUTION AMEND ZONING LAW Dear Gerald Chwalinski: Please be advised that the Town Board, at a meeting held on April 6, 2009 6:45 PM, considered the following resolution(s): Resolution RES-2009-162 Adopted [Unanimous] Call for Public Hearing - Amend Site Plan Provisions of Zoning Law RECEIVED AND FILED NO. 46 S. DOLESKI- SEQR LEAD AGENCY COORDINATION BATTAGLIA TRANSFER STATION 1037-1055 SENECA STREET The New York State Department of Environmental Conservation (the Department) received the section of the Buffalo City Charter and Code which was provided to our Division of Environmental Permits by facsimile on April 2, 2009. The information provided relates to the need for the Battaglia Transfer Station to obtain a Transfer Station License for the proposed acceptance of municipal solid waste and other changes to the Battaglia facility. Thank you for clarifying the City of Buffalo's Transfer Station License authority. Based upon that clarification, the Department concurs with the designation of the Common Council of the City of Buffalo as lead agency for the review of this action under the State Environmental Quality Review Act. Thank you for your cooperation. If you have any questions, please contact me at REFERRED TO THE COMMITTEE ON LEGISLATION NO. 47 NYSDEC-UPDATE ON ENV INVESTIGATION-BFLO CHINA SITE FACT SHEET Update on Ongoing Environmental Investigation Activities at Buffalo China Site March 2009 Site Number C915209 Introduction The New York State Department of Environmental Conservation (NYSDEC) would like to update you on ongoing environmental investigation activities at the Former Buffalo China Site located at 51 Hayes Place in Buffalo. Work at the site is being conducted through the New York State Brownfield Cleanup Program, a program that encourages current or potential property owners to voluntarily clean up brownfields so they may be returned to productive use. Brownfields are typically former industrial properties that may be impacted by contamination. During previous site investigation activities, elevated levels of chemicals called volatile organic compounds (VOCs), in particular Trichloroethene (TCE), were found in the bedrock on and some off-site areas. Additional rock wells will be installed to determine the extent of contamination, and potential exposure pathways (i.e., how people might come into contact with contamination) will be assessed. For more information on TCE, visit the ToxFAQ page on the Agency for Toxic Substances and Disease Registry website, http://www.atsdr.cdc.gov/t facts 19.html. Site Background The Buffalo China site comprises approximately 8 acres and is bounded on the north by Conrail railroad tracks, on the east by the adjoining former Buffalo China Warehouse and other commercial/industrial facilities, and on the south and west by residential properties. A former school and playground are located a few hundred feet to the southeast, but children no longer attend the school. The nearest body of water is the Buffalo River, located approximately ¼ mile south and east of the site. Previous environmental investigations at the site indicate that the site's soil and shallow groundwater have been impacted by volatile organic compounds and lead. The Buffalo China site has historically been the location of china and mirror manufacturing. The particular chemical detected, TCE, is commonly used in mirror manufacturing. What Will the Environmental Investigation Involve? To complete the investigation and to ensure the safety of the public, more rock wells will be drilled on both the Buffalo China property and the surrounding off-site area. Nearby properties will be assessed for potential exposure pathways. Any investigation work extending beyond Site boundaries onto private property will be conducted with appropriate permission or authority. Private properties identified that require necessary vapor sampling will be contacted individually and provided with additional information by NYSDEC and NYS Department of Health. A final draft Remedial Investigation and Remedial Action Report is expected to be available by Fall 2009. It will summarize all the environmental data collected and evaluate alternatives to clean up the site. Any information indicating impacts to nearby properties will be disclosed to affected property owners as soon as possible. Fact sheets similar to this one will continue to be sent throughout the project to keep you updated and informed on the project's progress. Who Should I Call If I Have Questions About the Site? Questions regarding the investigation of this site are welcome. Should you have any questions, please contact the following representatives: Project-related Questions Ms. Christine Barton Conestoga-Rovers & Assoc. 285 Delaware Ave Suite 500 Buffalo, NY 14202 (716) 856-2142 East Clinton Branch Library 1929 East Clinton Street Buffalo, NY 14206 (716) 823-5626 Environmental related Questions: Line .... NYSDEC Region 9 Office 270 Michigan Avenue Buffalo, NY 14203 (716) 851-7220 NYSDEC Region 9 Office 270 Michigan Avenue Buffalo, NY 14203 (716) 851-7220 Health-related Questions: M Cameron O’Connor NYSDOH 584 Delaware Avenue Buffalo, New York 14202 (716) 847-4385 More information may be found at http://www.dec.ny.gov/chemieal/37554.html. Look for the Buffalo China entry under the Erie County heading. REFERRED TO THE COMMITTEE ON LEGISLATION PETITIONS NO. 48 REVEREND RONALD SESSUM, AGENT, USE 722 WILLIAM ST FOR A HSF (FILL)(NO PUB HRG ) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS NO. 49 REVEREND RONALD SESSUM, AGENT, USE 378 BOX ST FOR A HSF (MAS)(NO PUB HRG ) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS NO. 50 J. POWERS, AGENT, USE 26 WYOMING FOR A HUMAN SERVICE FACILITY (MAS)(NO PUB HRG ) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS NO. 51 R. MCCUNE @ O-OPPOSE EXPANSION & OPERATION OF BATTAGLIA CONSTRUCTION To Whom It May Concern it has been brought to my attention that the proprietor of 1037 Seneca street Buffalo N.Y. 14210 intends to have garbage and various sorts of rubbish trucked into his facility adding to the already heaw loaded tractor trailer traffic to Peabody Street. Within the last few years I have noticed some of my walls cracking as I believe is due to not only heavy truck traffic but the pounding of the large exuviating equipment used on a daily basis'. I have been a resident and home owner of Peabody Street for 34 years. And have lived in the city of buffalo all my life. I wish to see no business in any community fail. But if the owner of the above mentioned address intends to truck garbage into my back yard. I must and do protest this action and request that if this is in fact his intention every resource be utilized in relocating his business from this location. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 52 L. FUMERELLE & O-SUPPORT OPENING OF DELI 332 SOUTH ELMWOOD(NIA) REFERRED TO THE COMMITTEE ON LEGISLATION REFERRED TO THE COMMITTEE ON LEGISLATION NO. 53 M. DRENNAN & O-SAY NO TO WILLIAM ST SLAUGHTERHOUSE REFERRED TO THE COMMITTEE ON LEGISLATION REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO 54 NOTICES OF APPOINTMENTS-TEMP/PROV/PERM CCP# 36, 3/31 That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (MICHAEL P. KEARNS, CHAIRMAN) NO 55 RESTORE NY COMMUNITIES INITIATIVE - MUNICIPAL GRANT PROGRAM (ITEM NO. 108, C.C.P., MAR. 31, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. nd By Councilmember Mr. Fontana: Motion to open public hearing, 2 by Mr. Kearns Appearances: Brian Reilly, Susan Miller, William Seaman, Sam McGavern, CM Kearns, Terrance Robinson, Ruth Lamke, CM Rivera, Eric Bartley, Anthony Armstrong. Motion by Mr. Fontana to close the public hearing, seconded by Mrs. Russell. nd Motion to approve, 2 by Councilmember Rivera Mr. Kearns moved: That the Mayor be, and he hereby is authorized to execute any and all documentation necessary to apply, accept and administer the Restore NY Communities Imitative grant funding. PASSED AYES - 7 NOES - 0 NO 56 SECOND QUARTER GAP SHEET-2008-2009(COMPT) CCP# 9, 3/31 That the above item be the same and hereby is Referred to the Committee on Budget ADOPTED NO 57 CONDITION OF CAZENOVIA PARK AND CASINO (ITEM NO. 45, C.C.P., MAR. 31, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the above-mentioned item be and the same is hereby referred to Community Development. Adopted. NO 58 BFLO WATER SYSTEM MONTHLY REPORT-FEB 2009 CCP# 31, 3/I7 That the above item be the same and hereby is Received and Filed ADOPTED NO 59 FEMA AWARD EMW-2008-FO-10698 ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM (ITEM NO. 20, C.C.P., MAR. 3, 2009) That the Commissioner of Fire be, and he hereby is authorized to accept and expend the grant award of $948,000.00 from FEMA's Assistance to Firefighters Grant Program. The City of Buffalo will provide a 20% match to secure funds, the matching portion of the award is $189,600.00. Funding will be provided from the clothing budget of the Department of Fire. PASSED AYES - 7 NOES - 0 NO 60 BLS COURSE SPONSORSHIP & ESTABLISHING OF NEW REVENUE ACCOUNTS (ITEM NO. 31, C.C.P., DEC. 9, 2008) (ITEM NO. 50, C.C.P., MAR. 3, 2009) That the Commissioner of Fire be, and he hereby is authorized to request permission to establish new revenue accounts to allow the Department to receive and disburse funds accordingly as a Basic Life Support (BLS) Course Sponsor. PASSED AYES - 7 NOES - 0 NO 61 BLS COURSE SPONSORSHIP & EST NEW REVENUE (COMPT) CCP# 9, 2/17 That the above item be the same and hereby is Received and Filed ADOPTED NO 62 M. MORTENSON-REQUEST EXTENSION OR NEW LEASE-TIFT NATURE PRESERVE(#36,2/3) CCP# 70, 10/14 That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (MICHAEL J. LOCURTO, CHAIRMAN) NO 63 M. KEARNS-M. RAZMUS-CONCERNS-NFTA ABBOTT ROAD BUS CONCERN (#43, 3/31) That the above item is here by referred to the Special Committee on Transportation. ADOPTED NO 64 M. LOCURTO-CITY OF BUFFALO BLOCK GRANT PROGRAM (#41, 3/17) That the above item be the same and hereby is Received and Filed. ADOPTED NO 65 M. KEARNS-M OVERDORF-NFTA ROW PARCELS FROM MICHIGAN TO SMITH ST (#34,3/3) That the above item is hereby referred to the Special Committee on Waterfront Development. ADOPTED NO 66 RESULTS OF NEGOTIATIONS - 263 ORANGE (ITEM NO. 9, C.C.P., JAN. 20, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved that the above item be recommitted to the Committee on Community Development ADOPTED NO 67 RESULTS OF NEGOTIATIONS - 288 SEVENTH (ITEM NO. 10, C.C.P., JAN. 20, 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 68 RESULTS OF NEGOTIATIONS - 628, 630 AND 634 EAST NORTH STREET (ITEM NO. 13, C.C.P., DEC. 23, 2008) (ITEM NO. 43, C.C.P., JAN. 20, 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 69 REQ LEGAL RULING RE HAZARDOUS CONDITION OF PROPERTIES OWNED BY PBA (BUSTI) (#39, 10/28)(#69, 11/12) That the above item be the same and hereby is Received and Filed. ADOPTED LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRMAN) NO 70 S. TOCQUIE, PETITION TO USE 688 E. DELAVAN FOR A BEAUTY PARLOR (ITEM NO. 52, C.C.P., MAR. 31, 2009) That after the public hearing before the Committee on Legislation on April 7, 2009, the petition of S. Tocquie, owner, for permission to use 688 E. Delavan Avenue for a two-chair residential beauty parlor be, and hereby is approved. PASSED AYES – 7 NOES - 0 NO 71 S. SCHNEIDER, PETITION TO USE 427 DELAWARE AVENUE FOR A PATIO (ITEM NO. 53, C.C.P., MAR. 31, 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 April 7, 2009, the petition of S. Schneider, owner, for permission to use 427 Delaware Avenue for a 20' wide x 8' deep patio at the front of a restaurant be, and hereby is approved. With the following conditions: 1. License is for current Owner Only 2. License cannot be transferred if Business is sold or is another Operator takes over PASSED AYES - 7 NOES - 0 NO 72 B. VAILLANCOURT, PETITION TO USE 7 MICHIGAN SOUTH FOR A 1 STORY MASONRY/METAL PANEL ADDITION (ITEM NO. 55, C.C.P., MAR. 31, 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 April 7, 2009, the petition of B. Vaillancourt, owner, for permission to use 7 Michigan South for a 1 Story Masonry/Metal Panel Addition be, and hereby is approved. PASSED AYES - 7 NOES - 0 NO 73 T. BRIATICO, PETITION TO USE 518 NIAGARA FOR AN OUTDOOR PATIO (ITEM NO. 56, C.C.P., MAR. 31, 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 April 7, 2009, the petition of T. Briatico, agent, for permission to use 518 Niagara Street for a 27' x 34' patio to the side of an existing sit-in bar/restaurant be, and hereby is approved. With the following conditions 1. License is for current Owner Only 2. License cannot be transferred if Business is sold or if another Operator takes over PASSED AYES - 7 NOES - 0 NO 74 B. DAVIS-DAYS PARK BLOCK CLUB AGAINST RENEWAL OF LICENSE 309 HUDSON (EI1)(EDPI) (#27, 3/31) That the above item be the same and hereby is Received and Filed. ADOPTED NO 75 FOOD STORE LICENSE - 721 TONAWANDA (ITEM NO. 29, C.C.P., MAR. 31, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Sami Abdulla located at 721 Tonawanda (Sammy's Discount) provided he meet the following conditions: 1. The food store must close at 11pm every night 2. A trash receptacle must be placed outside the main entrance at all times and emptied regularly 3. No trespassing and loitering signs shall be affixed to the exterior of the building 4. No vehicles shall be parked on the sidewalk abutting the store 5. No outside banners shall be hung outside of the building 6. Surveillance cameras trained on the front door shall be installed inside and outside of the building PASSED AYES - 7 NOES - 0 NO 76 M. KEARNS-M. RYAN-QUALITY OF LIFE CONCERNS NEED TO ENFORCE LAW ON UNLAWFUL POSTERS (CCP# 44, 3/31) Mr. Golombek moved That the above mentioned item be and the same is hereby referred to the Special Committee on Police Oversight ADOPTED NO 77 G. ZIOLKOWSKI-SHUT DOWN OF T.J. DULSKI COMMUNITY CENTER (#50, 3/31) That the above item be the same and hereby is Received and Filed. ADOPTED NO78 B. DAVIS-DAYS PARK BLOCK CLUB AGAINST RENEWAL OF LICENSE 309HUDSON (#35, 3/17) That the above item be the same and hereby is Received and Filed. ADOPTED NO 79 AFTER ACTION REPORT WINTER STORM 12/19 THRU 12/22 (PW) (#13, 2/17) That the above item be the same and hereby is Received and Filed. ADOPTED NO 80 ND A. SWINGLER, PETITION TO USE 2067 NIAGARA STREET - 2FLOOR APT. TEMPORARY HOUSING FOR HSF (ITEM NO. 36, C.C.P., FEB. 17, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the above-mentioned item be and the same is hereby Approved PASSED AYES - 7 NOES - 0 NO 81 VULCAN SUPPORTIVE APARTMENTS, PETITION TO USE 311 VULCAN FOR A HUMAN SERVICE FACILITY (ITEM NO. 39, C.C.P., FEB. 3, 2009)(ITEM NO. 61, C.C.P., FEB. 17, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the above-mentioned item be and the same is hereby Approved PASSED AYES - 7 NOES - 0 NO 82 HRM REQ NYS LEG TO APPROVE BILL AMENDING V & T LAW REGARDING CIVIL LIABILITY OF VEHICLE OWNERS FOR TRAFFIC SIGNAL VIOLATIONS IN COB (#68, 2/17) That the above item be the same and hereby is Received and Filed. ADOPTED NO 83 RESP-REQ NYS LEG TO APPROVE BILLS AMENDING V & T LAW RE CIVIL LIABILITY OF VEHICLE OWNERS FOR TRAFFIC SIGNAL VIOLATIONS IN COB(POLICE) (#22, 3/17) That the above item be the same and hereby is Received and Filed. ADOPTED NO 84 TRAFFIC SIGNAL CONTROLS AND RED LIGHT RUNNING ARTICLES (#40, 3/3) That the above item be the same and hereby is Received and Filed. ADOPTED NO 85 REVISED SNOW REMOVAL STANDARD OPERATING PROCEDURE 2008-2009 (MAYOR) (#1, 1/20)(#59, 2/3) That the above item be the same and hereby is Received and Filed. ADOPTED NO 86 B, DAVIS-V. LEPERA-OUTSIDE PATIO-88 W. CHIPPEWA (ELL) (#75, 12/23)(#54, 12/29) That the above item be the same and hereby is Received and Filed. ADOPTED NO 87 D. SMITH-NEWS ARTICLE-CITY MANAGER (#61, 9/30) That the above item be the same and hereby is Received and Filed. ADOPTED RESOLUTIONS NO 88 BY: MR. FONTANA, MR. FRANCZYK, MR. KEARNS, MR. RIVERA, MR. SMITH, MRS. RUSSELL CREATING A SUMMARY OF NEW BUSINESS LICENSE APPLICATIONS TO BE POSTED ON THE CITY OF BUFFALO WEBSITE AND FORWARDED TO DISTRICT COUNCIL MEMBERS WHEREAS, The opening of a new business can have a significant impact on the quality of life of those who live in the vicinity of that business. Often, this impact is positive because residents are provided with an additional, and often more convenient, option for obtaining goods or services. Occasionally, however, the opening of a new business can have a negative effect on the surrounding community; and WHEREAS, Applying for a business license in the City of Buffalo involves a multi-step review process and all applications will eventually require Common Council approval; and WHEREAS, The Council Member who represents the District in which the applicant is seeking to open a business frequently first becomes aware of the application when it actually comes before the Common Council for approval; and WHEREAS, As a result, Common Council approval of a business license application is frequently delayed while the appropriate District Council Member does their due diligence to determine whether granting the license is likely to be beneficial or detrimental to the community. This typically includes obtaining input from residents of the community where the proposed business would be located; and WHEREAS, If a summary of all new business license applications that are filed with the City was made available, both to the Common Council and the public, specifying the type of license requested, proposed business location, and the name of the applicant, the public would be afforded an opportunity to make comment and the Common Council would be afforded an opportunity to approve or disapprove a business license application much more quickly. NOW, THERFORE BE IT RESOLVED, That the City Clerk is directed to forward a copy of this resolution to the Mayor and Departments of Economic Development, Permit & Inspection Services, Management Information Systems, and Law for review. NOW, THERFORE BE IT FUTHER RESOLVED, That the Common Council respectfully requests that the aforementioned parties provide an opinion on the feasibility of: • Compiling a summary of all new business license applications that are filed with the City specifying the type of license requested, proposed business location, and the name of the applicant, • Filing updated versions of this summary with the City Clerk for review by the Common Council in advance of each of this honorably body's regularly scheduled meetings, and • Making an updated versions of this summary available to the public by posting it online using the City of Buffalo website ADOPTED NO 89 BY: MR. FONTANA EXCUSE COUNCILMEMBER LOCURTO FROM COUNCIL MEETING ON APRIL 14, 2009 Whereas: Michael J. LoCurto, Delaware District Councilmember, requests permission to be excused from the April 14, 2009, meeting of the Common Council. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo excuses Michael J. LoCurto, Delaware District Councilmember, from the April 14, 2009, meeting of the Buffalo Common Council. ADOPTED NO 90 BY: DAVID FRANCZYK RE: REDUCED HOURS AT THE BROADWAY-FILLMORE STATION POST OFFICE Whereas: The United States Postal Service (USPS) recently announced that it would be cutting hours at its branch offices across the country. Also announced was the elimination of positions and staffing levels at branch offices; and Whereas: The USPS has announced new hours effective April 27, 2009, at the Broadway-Fillmore Station. The new office hours would see the customer service window closed on or before 2:30 p.m. everyday, in addition to being closed during lunch hours. Some residents and businesses in the area have expressed a desire to see the hours open extended to 3:30 p.m. on at least one day per week; and Whereas: Serving the Broadway Fillmore business district and residents of the East Side of Buffalo, this postal station serves as a vital part of the community, offering services to businesses in the area, and to residents, many whom do not have cars and may not be able to travel to the other post office locations. The nearest station on William Street is about two miles away; and Whereas: The impending hour reduction also limits chances for customers to purchase stamps, supplies and services from the post office, thus further reducing revenue producing opportunities for the post office; and Whereas: While everyone understands the need to control and cut costs, a schedule needs to be in place so that the postal service can met the needs of the businesses and residents of the community; Now, Therefore be it Resolved: That the Common Common Council of the City of Buffalo urges the United States Postal Service to reconsider the new proposed window service hours at the Broadway-Fillmore Station, scheduled to begin on April 27, 2009, and to consider keeping the service window open until 3:30 pm on at least one day per week; and Now, Therefore be it Further Resolved: That the Common Common Council of the City of Buffalo requests United States Postal Service representatives meet with the local business community and residents of the Broadway-Fillmore neighborhood to discuss hours of operation at the Broadway-Fillmore Station before any hours are changed. ADOPTED NO 91 BY MR. KEARNS APPOINTMENT ASSISTANT LEGISLATIVE AIDE II The Common Council hereby moves approval of the appointment of Luis A. Reyes 70 Fuller St, Buffalo, New York 14207 to the position of Assistant Legislative Aide II pursuant to Section 27 of the Charter of the City of Buffalo to be effective April 28, 2009. Seconded by ADOPTED. AYES – Fontana, Franczyk, Golombek, Kearns, Rivera, Russell 6 NOES – Smith 1 NO 92 BY: MR. KEARNS INCREASED APPROPRIATION-STRAT PLAN AIM Strategic Planning That, Pursuant to §20-11 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in Strategic Planning for the current fiscal year, be and the same hereby is increased in the sum of $162,000. The increased appropriation will be met from AIM money. That, the Comptroller be and hereby is authorized and directed to increase the revenue estimate for account: From: 10700010-335009 NYS Aid Incentive to Municipalities (AIM) $162,000 To: To meet the increased appropriation as set forth below 10309006-480000 Strategic Planning - Other Services $162.000 That the increased appropriation specified herein be used exclusively to provide funding to Bethesda CDC for the Main-Utica Square Project as set forth in Item #4 CCP 3/31/09 PASSED AYES - 7 NOES - 0 NO 93 BY: MR. KEARNS TRANSFER OF FUNDS-PUBLIC WORKS That pursuant to §20-12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $320,000 be and the same is hereby transferred within the Department of Public Works and said sum is hereby reappropriated as set forth below: From: Engineering 13111005 - 466200 - Road Supplies $ 75,000 13112006 - 443100 - Road Repairs $245,000 To: 13296003 - 441004 Buildings – Telephone $130,000 13365006 -480000 Telecommunications - Other Services $ 90,000 15030005 - 461106 Streets - Salt & Sand $100,00 PASSED AYES - 7 NOES - 0 NO 94 BY MR. RIVERA REQUESTING THE ADMINISTRATION HAVE A DRAFT RESTORE NY APPLICATION AVAILABLE PRIOR TO THE RESTORE NY PUBLIC HEARING WHEREAS, Restore NY is a program designed to encourage economic development and neighborhood growth by providing municipalities with financial assistance for revitalization of commercial and residential properties; and WHEREAS, In order to qualify to receive Restore NY funding, municipalities must submit an application to New York State; and WHEREAS, Prior to submission, the program mandates that municipalities seeking funding must first hold a public hearing to discuss the Restore NY application; and WHEREAS, The City of Buffalo has applied for and received Restore NY funding in each round it was available and will apply for the latest round of Restore NY funding; and WHEREAS, The City of Buffalo has been criticized in the past for not taking full advantage of the Restore NY program by focusing too heavily on demolition of abandoned structures and not enough on rehabilitation of salvageable buildings; and WHEREAS, Lack of creativity in projects is often cited as a contributing factor by State officials as the reason the City has historically received only a fraction of funding requested; and WHEREAS, Improving input from the public may be one way the City can find more creative projects to request Restore NY dollars for; and WHEREAS, A public hearing is scheduled for April 14, 2009 at 2PM to discuss the city's application for the latest round of Restore NY dollars and would be beneficial to the city if interested residents had access to the draft application prior to the public hearing. NOW, THEREFORE, BE IT RESOLVED, The City of Buffalo Common Council does hereby request that the administration: * Have available in the Office of the City Clerk a copy of the draft application for Restore NY funding by 9AM of April 14, 2009; • Place on the City of Buffalo homepage an announcement of the April 14, 2009 Restore NY Public Hearing immediately and have a link to a draft application by April 13, 2009 at 4:3OPM. RECEIVED AND FILED NO 95 BY: MR. SMITH COUNCIL MEMBER BRIAN C. DAVIS EXCUSED FROM COUNCIL MEETING Resolved: That Council Member Brian C. Davis, be hereby excused from attendance at the Common Council Meeting of April 14, 2009. ADOPTED NO 96 BY: MR. SMITH FULL DISCLOSURE ON HOME SALES IN CITY OF BUFFALO PRESERVATION DISTRICTS Whereas: The City of Buffalo has seven Historic Preservation districts: Hamlin Park, Allentown, Delaware Avenue, Linwood Avenue, Linwood Oxford, West Village and Joseph Ellicott districts; and Whereas: The Buffalo Preservation board is charged with the oversight of preservation districts and all what happens to properties located in preservation districts; additionally the Preservation Board is to advise the Common Council concerning acceptance, acquisition, option, purchase and administration of property, development rights and easements pertaining to the purpose of the Preservation code; and Whereas: New or first-time Homes buyers in the City who purchase homes in the Preservation District are subject to the Preservation Code of the City of Buffalo, which has set certain restrictions and requirements for any rehab or repairs, which must be done within the Preservation Code; and Whereas: New or first-time home buyers may not be aware of the Preservation Code of the City or that their property is even in a preservation district; and Now, Therefore, Be It Resolved That: The Buffalo Common requests the Preservation Board, Division of Real Estate submit comments to the Council regarding providing full disclosure to any homeowner purchasing property in any of the City's seven Preservation Districts, and Be It Further Resolved that the Council would also welcome comments from the real estate community and residents who reside in preservation districts; and Be It Further Resolved That: That the Common Council does here request that the Buffalo Preservation Board and the Division of Real Estate file their comments on full disclosure to city residents when purchasing property in Preservation districts with City Clerk within thirty (30) days of passage of this resolution; and Be It Finally Resolved That: Copies of this resolution be forwarded to the John Hannon, Director of Real Estate REFERRED TO THE COMMITTEE ON LEGISLATION NO 97 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following persons 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 Glenn E. Belton, Sr. Tina Marie Maglietto Christopher J. Zeth TOTAL 3 ADOPTED NO 98 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: Amy Gardner Timothy Sheldon Daniel M. Salatka Jessica Y. Capps Karen D. Middleton Deborah A. Kantor Bernadette A. Elia Everett Hardy Patricia A. Hover Sharon Sims Fanchon R. Pratcher TOTAL 11 ADOPTED NO 99 ANNOUNCEMENT OF COMMITTEE MEETINGS h The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13!floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, April 21, 2009 at 9:45 o'clock A.M. Committee on Finance Tuesday, April 21, 2009 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, April 21, 2009 at 1:00 o'clock P.M. Committee on Legislation Tuesday, April 21, 2009 at 2:00 o'clock P.M. Special Committees Committee on Transportation Wednesday, April 22, 2009 at 11:00 o'clock A.M. (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware; therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO 100 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mrs. Russell, the Council adjourned at 3:27 pm GERALD CHWALINSKI CITY CLERK April 14, 2009