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HomeMy WebLinkAbout09-0203 (2) No. 3 PROCEEDINGS OF THE CITY OF BUFFALO February 3, 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 February 3, 2009 FINAL MAYOR MAYOR – EXECUTIVE 1. Plan Bd-Notice of Completion Final EIS- Bflo Niagara Medical Campus R&F 2. Plan Bd-Negative Declaration-135 Cleveland Ave (Del) R&F 3. Plan Bd-Positive Declaration-1010-1028 Main St R&F 4- 3A Strat Plan-Perm to Designate Redeveloper True Bethel Baptist Church-858 E. Ferry(Mas) APP 5- 4. Strat Plan-Positive Declaration- Buffalo Niagara Medical Campus R&F 6- 4A Strat Plan-Req for Common Council Authorization to Approve Funding Agmt Btwn COB and BURA CD 7- 5. Strat Plan-Results Neg-54 Alma (Univ) CD 8- 6. Strat Plan-Results Neg-1418 Bailey (Lov) APP 9- 7. Strat Plan-Results Neg-44 Barton (Nia) CD 10- 8. Strat Plan-Results Neg-172 Mulberry (Ell) CD 11- 8A Strat Plan-Results Neg-83 Sussex (Mas) LEG 12- 8B Strat Plan-Utility Easement Niagara Mohawk-Use 300 S. Elmwood(Ell) APP 13- 8C Strat Plan-Utility Easement Niagara Mohawk-Use 186 E. North St(Ell) APP COMPTROLLER 14- 8D Cert of Nec-Transfer in funds Common Council R&F 15- 8E Cert of Nec -State Aid Capital Outlay FIN PUBLIC WORKS 16- 9. Change in Contract Bailey Genesee Fire Station(Lov) APP 17- 10. Change in Contract City Hall Masonry Restoration-Phase 2(Ell) FIN 18- 11. Change in Contract Museum of Science-Booster Pump(Masten) APP 19- 12. Perm to Increase Contract Bergmann Associates APP PERMITS AND INSPECTIONS 20- 13. Food Store & Meat, Fish & Poultry Licenses LEG 21- 13A Sidewalk Café License-601 Main St (Ell) LEG,CPBD, CC 22- 14. Used Car Dealer-202 Military (North) APP ADMINISTRATION AND FINANCE 23- 14A Permission to Replace Vehicle FIN CITY CLERK 24- 14B Recall Items From Mayor-CCP#’s 5,6,7 & 8 Meeting 1/20/2009 APP 25- 15. Liquor License Applications R&F 26- 15A Leaves of Absence CS 27- 16. Notices of Appointments- Temp/Prov/Perm CS MISCELLANEOUS 28- 16A Bflo Env Mngt Comm-Monthly Energy/Efficiency TIP SHEET CD 29- 17. Clean Up Plan Proposed for Buffalo Lakeside Park W/FRONT 30- 18. R. Fontana-H. Rodenberg-Alternate Parking Change Lovering Ave (Del) LEG 31- 18A M. Kearns-Development of The LaRiviere Drive Parcel W/FRONT 32- 18B M. Kearns-Update Status of South Bflo Roof Replacement Program FIN 33- 19. M. Kearns-Letter to Corporation Counsel-Req for Info PARKS O/SIGHT 34- 19A Marine Drive Apts-Req Signs Posted for No Standing 11/1 to 4/1 LEG 35- 19B Marine Drive Apts-Req Speed Limit Change Marine Dr and Front of Navel Park LEG.PW 36- 19C M. Mortenson-Request Extension or New Lease- Tift Nature Preserve FIN PETITIONS 37- 20. R. Rusch, Agent, Use 818 Elmwood aka 816 Elmwood for a Ground Sign (North)(No Pub Hrg) LEG,CPBD 38- 21. C. Hartke, Agent, Use 591 Delaware for a Pole Sign(Ell)(No Pub Hrg) LEG,CPBD 39- 22. Vulcan Supportive Apartments, Use 311 Vulcan for A HSF (North)(No Pub Hrg)LEG,CPBD RESOLUTIONS 70- 22A Fontana Excuse Councilmember Davis From 1/20/09 Meeting ADOPT 71- 22B Fontana Excuse Councilmember LoCurto From 1/20/09 Meeting ADOPT 72- 22C Fontana Excuse Councilmember Russell from 1/20/09 Meeting ADOPT 73- 22D Fontana Excuse Councilmember Smith From 1/20/09 Meeting ADOPT ------ 23. Fontana Excuse Councilmembers From 1/20/2009 Council Meeting Davis, LoCurto, Russell and Smith WITHDRAWN 74- 23A Fontana Landmark Status Nullification-76 Soldiers Pl APP 75- 23B Fontana Excuse Councilmember Davis From Meeting 2/3/09 ADOPT 76- 23C Fontana Disch Leg, CCP# 59, 10/28/2008 ADOPT D/C APP 77- 24. Golombek Expansion of the Buffalo Light Rail System ADOPT 78- 25. Golombek Removal of I90 From Waterfront ADOPT 79- 25A Kearns Increase Approp.-State Aid Capital Outlay FIN 80- 26. Kearns Disch Fin CCP# 96, 12/23/2008 ADOPT D/C APP 81- 26A Kearns Transfer in Funds Common Council APP 82- 26B Smith Accepting Monthly Real Estate Tax Payments LEG 83- 27. Smith Comm of Deeds Public Duties ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 40- 1. Com 21 Jan 20 Personal Service Contract-Develop & Administer Training & Experience Exams (Abrams)(CS) APP 41- 2. Com 27 Jan 20 Notices of Appointments-Temp/Prov/Perm(Cty Clk) R&F 42- 3. Res 62 Jan 20 Appoint Asst Legislative Aide (Lewis) ADOPT FINANCE 43- 4. Com 11 Jan 20 Comprehensive Annual Financial Report FY Ended 6/20/08(Compt) R&F 44- 5. No 29 Jan 20 Buffalo Water Board-Monthly Operations Report December 2008 R&F 45- 6. No 34 Jan 20 M. LoCurto-Complaint City Reassessments 11/1998 to 12/2008 RECOMMIT 46- 7. Com 42 Dec 9 Acceptance of Funds-Citibank ($20,000.00)(Comm Svs) APP 47- 8. Com 43 Dec 9 Acceptance of Funds From Mayors Fund to Advance Buffalo ($15,885.00)(Comm Svs) APP 48- 9. Com 44 Dec 9 Various Grants-Implement Youth Curfew and Gang/Pathways Youth Violence Prevention Project(Comm Svs) APP 49- 10. No 22 Nov 25 J. Hornung-Inventory List-EC Parks Dept City Div- Equip & Employees PARKS O/SIGHT 50- 11. Res 72 Oct 28 Req for Status Update-EC Intention to Terminate the Intermunicipal stnd Agmt to Operate & Maint COB Parklands(exc 1 & 2 res) PARKS O/SIGHT 51- 12. No 32 Oct 14 M. Kearns-J. Blidy-Concerns Deteriorating Conditions of Hilary Park PARKS O/SIGHT 52- 13. Com 9 Sept 2 City Parks Capital Funding(Compt) PARKS O/SIGHT 53- 14. No 63 Sept 2 B. Davis-J. Sisson-Cathedral Park Tower PARKS O SIGHT 54- 15. Res 163 July 22 City Parks Capital Funding PARKS O SIGHT COMMUNITY DEVELOPMENT 55- 16. Com 4 Jan 20 Results Neg-428 Bailey (Lov)(Strat Plan) APP 56- 17. No 42 Jan 20 Results Neg-359 Hudson (Ell)(Strat Plan)(#11,12/23) APP 57- 18. No 88 Sept 2 M. Kearns-H. Sledzieski & O-Cazenovia Pool Improvements R&F LEGISLATION 58- 19. No 36 Jan 20 M. Moscati, Agent, Use 335 Grider to Enlarge a HSF (Mas)(Hrg 1/27) R&F 59- 20. Com 1 Jan 20 Revised snow Removal Standard Operating Procedure 2008-2009(Mayor)RECOMMIT 60- 21. No 32 Jan 20 Hope House-Notice of Appeal-Halfway House RECOMMIT 61- 22. No 45 Jan 20 Report of Auction 2347 Bailey(Lov)(Strat Plan)(#8,12/9)(#72,12/23)(52,1/6)DENY 62- 23. No 46 Jan 20 Report of Auction 1290 East Ferry(Lov)(Strat Plan) (#9,12/9)(#73,12/23)(#53,1/6) APP 63- 24. Com 7 Jan 6 Food Store License-977 Sycamore (Fill)(EDPI) APP W/COND 64- 25. Res 58 Jan 6 Waive Asbestos Fee Removal 54 Zenner St APP 65- 26. No 56 Jan 6 Food Store License-1624 William (Lov)(EDPI)(#35,4/29)(#125,9/2) APP W/COND 66- 27. No 56 Dec 9 C. Griffasi-Req Permits-Buffalo Cultural Walk of Fame R&F 67- 28. No 45 Nov 12 M. Kearns-Folsom House Information R&F 68- 29. No 64 Oct 28 D. Smith-Request Establishing & Chairing Parks Advisory Committee (#62, 9/30) PARKS O/SIGHT 69- 30. No 81 Sept 30 J. Golombek-Elmwood Village-Info Re Their Design Standards in the Charter (#51, 4/1)(#124, 9/2) R&F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, FEBRUARY 3, 2009 AT 2:00 P.M. Present - David A. Franczyk, President of the Council, and Councilmembers: Fontana, Golombek, Kearns, LoCurto, Rivera, Russell, Smith - 8 Absent -Davis - 1 On a motion by Mr. Fontana, Seconded by Mr.Kearns , the minutes of the stated meeting held on January 20, 2009 were approved. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANN1NG BOARD NO 1 PLAN BD-NOTICE OF COMPLETION - FINAL EIS FOR THE BUFFALO NIAGARA MEDICAL CAMPUS - NORTH END DEVELOPMENT To all Involved and Interested Agencies: Pursuant to the State Environmental Quality Review Act ("SEQRA"), we are enclosing the Notice of Completion of the Final Generic Environmental Statement ("FGEIS") and an electronic copy of the FGEIS prepared by the City of Buffalo Planning Board ("Planning Board") for the Buffalo Niagara Medical Campus - North End Development Project. The Planning Board will accept comments on the FGEIS until January 26, 2009. If you should have any questions or concerns about the FGEIS or the Project, please do not hesitate to contact my office. Thank you for your courtesies and cooperation. RECEIVED AND FILED NO 2 PLAN BD-NEGATIVE DECLARATION-135 CLEVELAND AVE (DEL) NOTICE OF DETERMINATION OF NON-SIGNIFCANCE 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 Action Title: Nardin Academy Building Additions Location: 136 Cleveland Avenue Type of Action: Unlisted – Uncoordinated Description: Nardin Academy is proposing the construction of a 3,800 SF three story addition to the elementary school wing at the West side of the existing building, and a 3,300 SF addition to the High School Wing at the East side of the existing building with interior improvements on the property located at 135 Cleveland Avenue Buffalo New York. The new and re-configured space will accommodate improvements to the existing academic areas, such as the enlarged and improved High School Orchestra/instrumental Music and Art/Photography Suites, provide space for new areas of instruction and to provide improvements to support functions such as an enlarged High School Guidance Suite. There will be no increase in student of faculty population and none of the existing on site parking areas will be disturbed. New landscaping will be installed North of the proposed High School addition as well as along the parking lot on Auburn Avenue. The project is privately funded at a cost of $1,000,000. 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: This proposed project will allow Nardin Academy to continue to grow and provide a high quality education to the students it serves. 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 3 PLAN BD-POSITIVE DECLARATION-1010 – 1028 MAIN ST State Environmental Quality Review Act Involved Agency Findings Statement Findings to Approve Pursuant to Article 8 (State Environmental Quality Review Act - SEQRA) of the Environmental Conservation Involved Agency makes the following findings. Name of Action: Buffalo Niagara Medical Campus - North End Development Relocation of Kaleida Health's Community Mental Health Center Applicant: Kaleida Health SEQRA Status: Type 1, Positive Declaration Description of Action: Kaleida Health proposed to relocate its existing Community Mental Health Center ("CMHC") from the comer of Ellicott St. and Goodrich St. to the proposed site at 1010-1028 Main St., Buffalo, New York. Location: 1010-1028 Main St., Buffalo, New York Lead Agency: City of Buffalo Planning Board Agency Jurisdiction: Pursuant to §511-136 of the Charter and Code of the City of Buffalo ("Code"), the City of Buffalo Zoning Board of Appeals ("ZBA") is required to review all applications for human service facilities such as the CMHC. Date Final Generic Environmental Impact Statement Accepted: January 14, 2009 Date of Lead Agency's Findings Statement: January 27, 2009 Contact: William P. Grillo City of Buffalo Office of Strategic Planning 901 City Hall Buffalo, New York 14202 Phone: (716) 851-5086 Facts and Conclusions Relied on to Support the Decision: Kaleida Health, Ciminelli Development and the Buffalo Niagara Medical Campus submitted various applications to the City of Buffalo (City) associated with the BNMC-North End Projects. SEQRA requires state or local governments to assess the potential environmental impacts of their actions during the planning, review, and decision-making processes for those actions. The public (City County State) approvals and permits required for the individual BNMC -North End Projects constitute the "Action" subject to SEQRA. The intent of SEQRA is to ensure that governmental decision-making is a balance of social, economic, and environmental factors be considered and weighed in reaching decisions on proposed activities or actions. Therefore, Agencies must determine whether a proposed action may have a significant effect on the environment, and if so, prepare or request that an environmental impact statement he prepared. Pursuant to SEQRA, the City of Buffalo Planning Board determined that the Action was a Type I Action and sought and received concurrence from other Involved and Interested Agencies to be the Lead Agency. Then, on September 23, 2008, the Planning Board determined that cumulatively, the Projects may have a significant impact upon the environment and issued a Positive Declaration, requiring the Project Sponsors to prepare a DGEIS in accordance with the Planning Board-approved Scope. The Project Sponsors prepared and submitted the DGEIS to the Planning Board for review. On October 7, 2008, the Planning Board found the DGEIS to be in compliance with 6 NYCRR Part 617.9(b), and made a determination that it was adequate to begin public and agency review. The DGEIS was provided to all Involved and Interested Agencies and to the public at various repositories and on the City of Buffalo's website. The subsequent public comment period began on October 7, 2008 and concluded on November 18, 2008. A public hearing on the DGEIS was held at the Buffalo & Erie County Public Library on November 6, 2008. Input from the public review process was received in the form of written comments to the Planning Board throughout the public comment period and as oral/written comments received during the public hearing. The Planning Board determined that all the comments should be addressed in the form of a FGEIS. After reviewing the comments, the Planning Board requested that the Project Sponsors prepare the FGEIS. Pursuant to 6 NYCRR Part 617.9(b)(8), the Planning Board reviewed the FGEIS prepared by the Applicants and determined that the FGEIS was complete on January 13, 2009. On January 15, the FGEIS was provided to all Involved and Interested Agencies and to the public at various repositories and on the City of Buffalo's website. The FGEIS addresses specific substantive comments raised during the public comment period and discusses mitigation measures which should be used to minimize potential negative impacts from the Projects to the maximum extent practicable. The Zoning Board of Appeals, as an Involved Agency in this process, received and reviewed all of the documentation analysis cited above. On December 2, 2008, Kaleida Health ("Applicant" or "Kaleida"), pursuant to §511-136 of the Charter and Code of the City of Buffalo ("Code"), submitted a Letter of Intent ("LOI"), a Full Environmental Assessment Form ("FEAF") and other relevant exhibits to the City of Buffalo Zoning Board of Appeals ("ZBA"). Kaleida is seeking a Restricted Use Permit for Human Services Facilities to relocate its existing Community Mental Health Center ("CMHC") from its current location at the corner of Ellicott and Goodrich Streets to the proposed site at 1010-1028 Main Street, Buffalo, New York ("Project Site"). Kaleida has provided information in its LOI supporting its position that the CMHC needs to be relocated to accommodate the construction of the proposed Global Vascular Institute ("GVI"). The new location will provide more modern facilities and easier access for patients. All of the services are outpatient only and are currently operating at the existing facility. The relocation of these services will not result in an increase in services offered in the neighborhood and the New York State Department of Health specifically required Kaleida to relocate the CMHC within close proximity to its existing facility. The ZBA has, pursuant to Code§ 511-136(C) received and reviewed a detailed description of the proposed use including an estimation of the number of individuals to be served at the facility over a stated time period; the number of residents to be housed; the activities and programs anticipated at the facility, the hours of operation; and the degree of supervision at the facility, as follows: st Adult Mental Health Outpatient Clinic- 1Floor- East-- (40-50 clients a day-- Hours: 8 a.m. - 4:30p.m. (Mon., Weds., Thurs. and Fri.); 8 a.m. - 7 p.m. Tues)) Providing comprehensive outpatient treatment services provided by skilled counselors, psychiatric nurse practitioners and psychiatrists, including: daily mental health intake assessments (no appointment necessary); individual and group counseling; medication evaluation and monitoring; treatment for a wide array of psychiatric disorders, including, but not limited to: depression, anxiety, obsessive-compulsive disorder and schizophrenia, utilizing evidence-based therapy modalities.) nd rd Case Management Program- 2and 3Floor- East and West-- (125 clients a day---Hours: 8 a.m. – 4 p.m. (Mon. - Fri.) Providing Case Management (case managers provide ongoing services to individuals or groups with chronic behavioral health issues; services include monitoring, advocacy, linkage and referral); (counselors provide treatment to individuals Dually diagnosed treatment who are diagnosed with a mental illness and chemical dependency; treatment includes one-to-one sessions and therapies: cognitive behavioral in dialectical behavior therapy); (this specialized treatment has been Post Traumatic Syndrome Disorder treatment developed to address the unique needs of men and women who struggle with symptoms due to having the dual diagnoses of PTSD and addiction; therapists are trained in specific protocols to deal with PTSD in both one-to-one sessions and group therapy; Clozaril clini(the medication 'Clozaril' has been successful in the treatment of schizophrenia; nurse counselors manage the care of these individuals in one-to-one sessions, group treatment and monitoring of routine blood work); MICAIDprogram (the MICAID Program seeks to help patients avoid the need for hospitalization through intensive services to individuals who are diagnosed with a mental illness and chemically dependency; the goal is to assist with compliance, stabilization and linkage for appropriate ongoing treatment; assistance with entitlements and community needs are also provided.) rd Continuing Day Treatment Program- 3Floor- East --(40-50 clients per day/all day; Hours: 8:30 a.m. -4:30 p.m. (Mon.- Fri.)) Providing a comprehensive array of services for rehabilitation and recovery from mental illness (consumers attend the program two- three times per week with the goal of returning to work, school or volunteer placement, and treatment is provided by a multi- disciplinary team through individual and group treatment modalities.) rd Partial Hospital Program- 3Floor- East --(18-25 clients per day--Hours: 8:30 a.m.-4:30 p.m. (Mon.---Fri.)) Providing stabilization of acute psychiatric symptoms as an outpatient alternative to hospitalization (consumers attend the program for up to six hours a day, five days per week for up to three weeks.) no Addiction Clinic- 2Floor- West --(60 clients per day-- Hours: 9 a.m. - 7 p.m. (Mon. - Thurs.); 9 a.m. -5 p.m. (Fri.)) Offering outpatient assessment and treatment to individuals and families suffering from alcohol or drug addictions. All clinics are certified by the New York State Office of Alcoholism and Substance Abuse Services. The clinics work closely with physicians, community agencies and the criminal justice system; and, The ZBA, pursuant to Code §511-136(C), after receiving and reviewing a detailed description of the proposed use as detailed above, and fully reviewing and discussing this matter, concludes that: the proposed facility at 1010-1028 Main Street is a relocation of the existing CMHC located at 80 Goodrich Street; the move is necessitated by the need to construct Kaleida's proposed Global Vascular Institute adjacent to Buffalo General Hospital; the existing CMHC is only 750 linear feet from the Project Site, and as such, the relocation will not bring new services to the neighborhood; the New York State Department of Health specifically required that the CMHC be kept in this neighborhood; and, the Project Site keeps the CMHC in the neighborhood and establishes a new state-of-the- art facility in close proximity to Kaleida's facilities on the Buffalo Niagara Medical Campus. The ZBA, based on all of the foregoing, concludes, pursuant to Code §511-136(C), that the there is a pressing need for such use at the proposed location and that this use will not adversely impact the nature and character of the area in which the facility is to be based. Additionally, the ZBA has, pursuant to Code §511-136(D) received and reviewed a detailed description of the impact of the proposed use on the area in which the facility is to be based, including the concentration of existing regulated uses, including the: Research Institute on Addictions, 1021 Main Street; the Salvation Army, 960 Main Street; EPIC, Main: 1000 Main Street; and The Center for Hospice & Palliative Care, 892 Main Street. The ZBA, based on all the foregoing, pursuant to Code §511-136(D), concludes that the relocation of the CMHC to Main Street will be consistent with existing uses in this block of Main Street; that the CMHC is already operating in this neighborhood and is consistent with surrounding uses; and, that relocating the CMHC to Main Street will not affect the character of the neighborhood. Pursuant to the State Environmental Quality Review Act, Article 8 of New York Environmental Conservation Law and 6 NYCRR Part 617 ("SEQRA"), a governmental agency is required, prior to taking action on an application, to undertake an environmental review of a project to assess whether the action has the potential to have significant adverse environmental impacts. The Project Sponsors have prepared a Draft Generic Environmental Impact Statement ("DGEIS") and Final Generic Environmental Impact Statement ("FGEIS") for the entire North End Development on the Buffalo Niagara Medical Campus. The City of Buffalo Planning Board ("Planning Board"), as Lead Agency, has reviewed the DGEIS and FGEIS and deemed them complete. Pursuant to the process set forth in the DGEIS, FGEIS and the Findings Statement, the Applicant has prepared and submitted to the ZBA the aforementioned FEAF specifically for the relocation o f the CMHC to 1010-1028 Main Street to assist the ZBA in reviewing the potential impacts of this request. The DGEIS and FGEIS also specifically analyzed the potential impact of relocating the CMHC to the Project Site and found that the impacts were minimal. As such, the proposed relocation of the CMHC was fully analyzed as part of the Planning Board's SEQRA review and the Zoning Board of Appeals has determined and concurs that the requested Restricted Use Permit is consistent with the analysis and findings of the City of Buffalo Planning Board as evidenced by its Findings Statement dated January 27, 2009. Therefore, the ZBA joins in the determination of the Planning Board that the potential environmental impacts of relocating the CMHC to the Project Site are minimal. Kaleida Health will be required to comply with all mitigation measures identified in the Planning Board's Finding Statement. CONCLUSION After evaluating the cumulative environmental, economic, and social impacts of the proposed relocated Community Mental Health Center at 1010-1028 Main St., in the City of Buffalo, New York, the City of Buffalo Zoning Board of Appeals is adopting a feasible, prudent, and practicable alternative which best balances environmental impacts with social, economic, and other essential considerations, and that allows for mitigation of all environmental impacts to the greatest extent reasonable and practicable. Certification to Approve: Having considered the DGEIS, FGEIS, FEAF and the Findings Statement of the City of Buffalo Planning Board, as Lead Agency, and having considered the proceedings, facts, and conclusions relied on to meet the requirements of 6 NYCRR Part 617 (State Environmental Quality Review Act [SEQRA]) the Statement of Findings certifies that: 1. The City of Buffalo Zoning Board of Appeals has considered the relevant environmental impacts, facts, and conclusions disclosed in the DGEIS and the FGEIS and their supporting materials; 2. The City of Buffalo Zoning Board of Appeals has weighed and balanced the relevant environmental impacts with social, economic, and other considerations; 3. The City of Buffalo Zoning Board of Appeals, as and Involved Agency, has provided a rationale for its decision; 4. The requirements of Article 8 of the Environmental Conservation Law and the implementing regulations, 6 NYCRR Part 617 (State Environmental Quality Review Act [SEQRA]) have been met; and 5. Consistent with social, economic, and other essential considerations from among the reasonable alternatives available, the actions to be carried out are those which avoid or minimize, to the maximum extent practicable, adverse environmental impacts disclosed in the DGEIS, FGEIS and FEAF; and 6. That adverse environmental impacts will be minimized or avoided to the maximum extent practicable by incorporating, as conditions to this decision, those mitigating measures which were identified as practicable in the Planning Board's Findings Statement dated January 27, 2009. Filing: The City of Buffalo Zoning Board of Appeals' designees are hereby directed to file and distribute this Findings Statement as required by Article 8 of the Environmental Conservation Law and the implementing regulations, 6 NYCRR Part 617 (State Environmental Quality Review Act [SEQRA]). Certification: These findings were adopted by majority vote of the City of Buffalo Zoning Board of Appeals at a duly called meeting held on January 28, 2009. RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO 4 STRAT PLAN- PERMISSION TO DESIGNATE REDEVELOPER TRUE BETHEL BAPTIST CHURCH 858 EAST FERRY The Office of Strategic Planning, Division of Real Estate, has received a request from True Bethel Baptist Church to acquire the property known as 858 East Ferry. In 1992, the City of Buffalo acquired 858 E. Ferry through tax foreclosure. The property is a vacant former industrial site consisting of approximately 3.32 acres of land and is triangular in shape with with 514 feet of frontage along East Ferry Street. The property is zoned M-1 and is encumbered by an easement for the Scajaquada Creek Drain that cuts through the middle of the property. The Property was part of a recent Ten Million Dollar New York State Dept. of Environmental clean-up of this site and off-site properties. It is remediated for unrestricted use (see attached letters from NYSDEC dated January 8, 2009. True Bethel Baptist Church has engaged a design/construction consultant to construct a new 30,000 sq. ft, sanctuary at their present location located at 907 E. Ferry and construct a 50 unit Senior Complex at 858 E. Ferry. To date they have received a bank commitment for the sanctuary and are proposing to start construction in the Spring of 2009. They will be applying to HUD to fund a 202 senior citizen apartment complex. I therefore respectfully request that Your Honorable Body designate True Bethel Baptist Church and or corporation, partnership, or other legal entity to be formed as Redeveloper of the subject property for a period of six months subject to the following conditions: a. Submission by the Redeveloper of a detailed site plan for approval by the City of Buffalo Planning Board and construction pans, including landscaping, for approval by the City. b. Submission of a colored rendering of the property suitable for presentation to the City Common Council which shall be submitted prior to the Common Council approval of LDA. c. Submission by the Redeveloper of evidence of equity capital and mortgage financing necessary for the completion of the project which shall be submitted prior to closing. d. Payment of a designation fee of Five Hundred Dollars ($500.00) per month by Redeveloper to the City, payable within five (5) days from the date of designation and due thereafter the first day of every month. In the event Redeveloper shall exercise its option to acquire said property pursuant to the Land Disposition Agreement (LDA) to be negotiated by Redeveloper and the City, said option fee shall be applied as a credit towards the purchase price. In the event Redeveloper shall not proceed with the redevelopment of the property within the designation period, Redeveloper shall forfeit all monies paid on account and the City shall retain all such monies. e. Redeveloper is responsible for performing any soil borings and soil investigations, as per a license agreement to be granted by the City, for the purpose of determining, to developer's satisfaction, the suitability of the site f. for its intended use, and the presence or absence of hazardous substances as such term is used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (C. E.R.C.L.A) 42 USC ss 9601 et seq.: The Hazardous Materials Transportation Act, as amended, 49 USC ss 1801 et seq.: The Resource Conservation and Recovery Act, as amended, 42 USC ss 6901 et seq.: Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulation rule ordinance, by-law, policy guidance, procedure, interpretation, decision, order, or directive, whether existing as of the date hereof, previously enforced or subsequently enacted. g. The successful negotiation of a Land Disposition Agreement for approval by the Common Council by no later than six months from the date the Common Council approves the designation. The purchase price shall be negotiated based upon a real estate appraisal to be obtained and paid for by the purchaser. h. Upon signing of LDA, payment by the Redeveloper to the City of a non- refundable deposit, in the amount of ten percent (10%) of the agreed to selling price. i. Individuals and or corporations having outstanding taxes, water bills, parking tickets, user fee and/or demolition liens or any other liens owned to the City of Buffalo, or if code violations exist on any property owned by them they are ineligible for designation. The City of Buffalo may terminate this designation should the Redeveloper fail to meet any of the deadlines set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure to meet a timely deadline, the City will first allow the Redeveloper two (2) weeks to cure by written notice. This designation will expire six (6) months from the date the Common Council approves the designation. I am requesting that your Honorable Body approve the designation of True Bethel Baptist Church as the Redeveloper of 858 E. Ferry upon the above terms and conditions; authorize the Executive Director of the Office of Strategic Planning to prepare the necessary agreements for the redevelopment of 858 E. Ferry, and forward to the Common Council for final approval of agreements for the transfer of title. Mr. Fontana moved: That the Common Council hereby approves the designation of True Bethel Baptist Church as a Redeveloper of 858 E. Ferry Street upon the terms and conditions spelled out in the attached item and authorize the Executive Director of the Office of Strategic Planning to prepare the necessary agreements for the redevelopment of 858 E. Ferry St., forward the Common Council for final approval of agreements for the transfer of title. PASSED AYES - 8 NOES - 0 NO 5 STRAT PLAN-POSITIVE DECLARATION-BUFFALO NIAGARA MEDICAL CAMPUS State Environmental Quality Review Act Lead Agency Findings Statement Findings to Approve Date: January 27, 2009 Pursuant to Article 8 of the New York Environmental Conservation Law and the implementing regulations, 6 NYCRR Part 617 (State Environmental Quality Review Act [SEQRA]), The City of Buffalo Planning Board, as SEQRA Lead Agency, issues the following Findings Statement. Name of Action: Buffalo Niagara Medical Campus - North End Development Project Sponsors: Buffalo Niagara Medical Campus Ciminelli Development, Inc. Kaleida Health SEQRA Status: Type 1, Positive Declaration Description of Action: There are four proposed projects which are proposed for the Buffalo Niagara Medical Campus - North End ("BNMC - North End"). The four proposed projects (collectively hereinafter referred to as the "Projects") include a Global Vascular Institute ("GVI") and an updated Emergency Department adjacent to Buffalo General Hospital ("BGH"); a new Medical Office Building ("MOB") across from Buffalo General; a Skilled Nursing Facility ("SNF"); and a 1,200-1,600-space multi-modal transportation structure ("MMTS") in the vicinity of GVI, BGH, MOB and SNF. The four proposed projects are summarized as follows: • The Global Vascular Institute and updated emergency department for Buffalo General Hospital. This building will be 500,000 to 600,000 square feet (sq. ft.). • A new Medical Office Building, which will be a maximum of 300,000 sq. ft. • The Skilled Nursing Facility at a maximum of 225,000 sq. ft. • A multi-modal transportation structure that can accommodate 1,200 to 1,600 cars. Location: Each of these Projects will be sited on the BNMC - North End. This area is generally bounded by East North Street to the north, Main Street to the west, High Street to the south and Maple Street to the East. Date FGEIS Accepted as Complete: January 13, 2009 William P. Grillo, Principal Planner City of Buffalo Office of Strategic Planning 901 City Hail Buffalo, New York 14202 Phone: (716) 851-5086 COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW RECEIVED AND FILED NO 6 STRAT PLAN-REQ FOR COMMON COUNCIL AUTHORIZATION TO APPROVE FUNDING AGMT BTWN COB AND BURA SUBJECT: Request for Common Council authorization to approve a Funding Agreement between the City of Buffalo and Buffalo Urban Renewal Agency (BURA) in which BURA provides the City of Buffalo with $95,000, representing 10% in local match funds required to establish two new Brownfield Opportunity Areas in the City of Buffalo. Common Council authorization is also sought for the City of Buffalo to receive these funds from BURA and enter into the State Assistance Contracts with New York State to initiate project activities. PRIOR COUNCIL REFERENCES: 5/2/06 (No. 119) The State of New York Brownfield Opportunity Area Program provides financial and technical assistance, up to 90% of eligible project costs, for each approved Brownfield Opportunity Area, to complete site assessments, revitalization plans and implementation strategies for areas affected by the presence of brownfield sites. The State of New York has approved grant applications from the City of Buffalo to establish two new Brownfield Opportunity Areas (the "Buffalo River Corridor Brownfield Opportunity Area, a $525,000 project with 90% State of New York funding, and the "Tonawanda Street Corridor Brownfield Opportunity Area", a $425,000 project with 90% State of New York funding) and begin Step 2 project activities. Step 2 project activities are "an in-depth and thorough description and analysis, including an economic and market trends analysis, of existing conditions, opportunities, and reuse potential for properties located in the proposed Brownfield Opportunity Area with an emphasis on the identification and reuse potential of strategic sites that are catalysts for revitalization. Step 2 project activities conclude with a description of key findings and recommendations to advance redevelopment of strategic sites and to revitalize the area." The State of New York Brownfield Opportunity Area Program requires a 10% local match for each BOA. BURA has approved a Funding Agreement to provide the 10% local match funding to the City of Buffalo for each BOA. I am recommending that your Honorable Body authorize the Mayor to approve the Funding Agreement between the City of Buffalo and BURA in which BURA provides the City of Buffalo with $95,000, representing 10% in local match funds required to establish these two new Brownfield Opportunity Areas, receive the funds, and enter into State Assistance Contracts with New York State to initiate project activities. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 7 STRAT PLAN-RESULTS OF NEGOTIATIONS 54 ALMA (UNIVERSITY DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Dorothy Brown, 52 Alma, Buffalo, New York 14215 to purchase 54 Alma. Ms. Brown owns and resides at 52 Alma, which is adjacent to 54 Alma. She intends to use the vacant lot for extra green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Cents ($.40) to One Dollar ($1.00) per square foot. The results of our negotiations are that Ms. Brown has agreed and is prepared to pay One Thousand Eight Hundred Dollars ($1,800.00), Forty Five Cents ($.45) per square foot for the subject property. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 54 Alma to Ms. Dorothy Brown in the amount of One Thousand Eight Hundred Dollars ($1,800.00). I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 8 STRAT PLAN-RESULTS OF NEGOTIATIONS 1418 BAILEY & 1422 BAILEY (LOVEJOY) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Edward Janowski, Custom Sheet Metal, 303 Central Avenue, Buffalo, New York 14206 to purchase 1418 and 1422 Bailey. Mr. Janowski resides, owns and operates his sheet metal business at 303 Central, which is adjacent to 1418 and 1422 Bailey. He intends to use the vacant lots for green space around his business. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from One Dollar Cents ($1.00) to One Dollar and Eight Five Cents ($1.85), per square foot. The results of our negotiations are that Mr. Janowski has agreed and is prepared to pay Six Thousand Dollars ($6,000.00), One Dollar ($1.00) per square foot for the subject properties. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 1418 and 1422 Bailey to Mr. Edward Janowski in the amount of Six Thousand Dollars ($6,000.00). I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated January 23, 2009, be received and filed; and That the offer from Mr. Edward Janowski, Custom Sheet Metal, 303 Central Avenue, in the sum of six thousand dollars ($6,000.00) for the purchases of 1481 and 1422 Bailey, be and they hereby are accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfers of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 8 NOES - 0 NO 9 STRAT PLAN-RESULTS OF NEGOTIATIONS 44 BARTON (NIAGARA DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Marcello Troncone of M & K Investments LLC, 25 Cranburne Court, Amherst, New York 14221 to purchase 44 Barton. Mr. Troncone intends to renovate the dwelling and use as a rental income property. The estimated cost of renovation is Forty Five Thousand Dollars ($45,000.00). He has provided proof of financial ability to complete the purchase and repair of the property. The property consists of 1,192 square feet, one and one half story frame, one family dwelling in poor condition situated on a lot 35' x 50'. The property was acquired by the City through In Rem #41 in October 2007. There have been no serious offers for the property, since being acquired by the City. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar properties in the subject area. Sales range from Two Dollars and Twenty Five Cents ($2.25) to Three Dollars and Sixty Five Cents ($3.65), per square foot of living area. The results of our negotiations are that Mr. Troncone has agreed and is prepared to pay Five Thousand Dollars ($5,000.00), Three Dollars ($3.00) per square foot of living area for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 44 Barton to Mr. Marcello Troncone of M & K Investments, LLC in the amount of Five Thousand Dollars ($5,000.00). I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 10 STRAT PLAN-RESULTS OF NEGOTIATIONS 172 MULBERRY (ELLICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Benjamin Cashaw, 66 Kemp Avenue, Cheektowaga, New York 14225 to purchase 172 Mulberry. Mr. Cashaw intends to renovate the dwelling and use as a rental income property. The estimated cost of renovation is Fourteen Thousand One Hundred Dollars ($14,100.00). He has provided proof of financial ability to complete the purchase and repair of the property. The property consists of 1,112 square feet, one and one half story frame, one family dwelling in poor condition situated on a lot 30' x 100'. The property was acquired by the City through In Rem #41 in October 2007. There have been no serious offers for the property, since being acquired by the City. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar properties in the subject area. Sales range from Two Dollars and Twenty Five Cents ($2.25) to Eight Dollars and Sixty Five Cents ($8.65), per square foot of living area. The results of our negotiations are that Mr. Cashaw has agreed and is prepared to pay Four Thousand Nine Hundred Dollars ($4,900.00), Four Dollars and Forty Two Cents ($4.42) per square foot of living area for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 172 Mulberry to Mr. Benjamin Cashaw in the amount of Four Thousand Nine Hundred Dollars ($4,900.00). I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 11 STRAT PLAN- RESULTS OF NEGOTIATIONS 83 SUSSEX (MASTEN DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Debbie Allen, 80 Radcliffe Road, Buffalo, New York 14214 to purchase 83 Sussex. Ms. Allen intends to renovate the dwelling and use as a rental income property. The estimated cost of renovation is Eighteen Thousand Five Hundred Dollars ($18,500.00). She has provided proof of financial ability to complete the purchase and repair of the property. The property consists of 1,332 square feet, two story frame, one family dwelling in poor condition situated on a lot 32' x 103'. The property was acquired by the City through In Rem #41 in October 2007. There have been no serious offers for the property, since being acquired by the City. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar properties in the subject area. Sales range from Five Dollars and Sixty Eight Cents ($5.68) to Ten Dollars and Twenty Cents ($10.20), per square foot of living area. The results of our negotiations are that Ms. Allen has agreed and is prepared to pay Eight Thousand Five Hundred Dollars ($8,500.00), Six Dollars ($6.00) per square foot of living area for the subject property. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 83 Sussex to Ms. Debbie Allen in the amount of Eight Thousand Five Hundred Dollars ($8,500.00). I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON LEGISLATION NO 12 STRAT PLAN-UTILITY EASEMENT AGREEMENT NIAGARA MOHAWK FOR USE OF 300 S. ELMWOOD - SCHOOL NO. 76 (ELL) The Office of Strategic Planning, Division of Real Estate, has received a request from the Board of Education to approve the attached easement agreement for Niagara Mohawk. The request is being made in order to allow and provide for electrical upgrades to School No. 76, located at 300 South EImwood, as described and shown in the attached proposed legal description and map. This office has contacted the Department of Public Works, Parks & Streets and the Land Use Planning Committee and they have no objections to this easement. I am recommending that Your Honorable Body approve the attached easement agreement pursuant to Corporation Counsel review and approval as to form. I am further requesting Your Honorable Body to authorize the Mayor to execute the same. Mr. Fontana moved: That the Common Council approves the attached easement agreement pursuant to the Corporation Counsel’s and Mayor’s approval upon the terms and conditions contained therein for the use of 300 S. Elmwood – School No. 76 PASSED AYES - 8 NOES - 0 NO 13 STRAT PLAN-UTILITY EASEMENT AGREEMENT NIAGARA MOHAWK FOR USE OF 186 E. NORTH STREET - SCHOOL NO. 195 (ELL) The Office of Strategic Planning, Division of Real Estate, has received a request from the Board of Education to approve the attached easement agreement for Niagara Mohawk. The request is being made in order to allow and provide for electrical upgrades to School No. 195, located at 186 E. North Street, as described and shown in the attached proposed legal description and map. This office has contacted the Department of Public Works, Parks & Streets and the Land Use Planning Committee and they have no objections to this easement. I am recommending that Your Honorable Body approve the attached easement agreement pursuant to Corporation Counsel review and approval as to form. I am further requesting Your Honorable Body to authorize the Mayor to execute the same. Mr. Fontana moved: That the request from the Board of Education to approve the attached easement agreement from Niagara Mohawk is approved upon the terms and conditions contained therein for the use of 186 E. North Street-School No. 195 PASSED AYES - 8 NOES - 0 FROM THE COMPTROLLER NO 14 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS COMMON COUNCIL - LEGISLATIVE 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 $14,500 be transferred and reappropriated within the Common Council Legislative, as set forth below: From: Councilmember 3 10104001 - 411001 Annual Salary $14,500 To- Common Council Legislative 10102001 - 412002 Hourly Salary $14,500 RECEIVED AND FILED NO 15 CERTIFICATE OF NECESSITY INCREASED APPROPRIATION STATE AID CAPITAL OUTLAY 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 $10,000,000 in the estimate for the fiscal year beginning January 1, 2009 is necessary in Capital Outlay 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 State Aid, 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 - 335006 State Aid $10,000,000 To: To meet the increased appropriation as set forth below: 16550007 - 471010 Permits & Inspections - Land Improvements $10,000,000 REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO 16 CHANGE IN CONTRACT BAILEY GENESEE FIRE STATION CONSTRUCTION JOB #0722 LOVEJOY DISTRICT I hereby submit to Your Honorable Body the following changes for the Bailey Genesee Fire Station, Construction, HVAC Work, John W. Danforth Co., C #93000110. 1. Increase in contract due to delayed start in construction And escalation of construction materials. Add $ 7945.00 The foregoing change results in a net increase in the contract of Seven Thousand Nine Hundred Forty Five and 00/100 Dollars ($7,945.00) Summary: Original Contract Amount $250,800.00 Amount of This Change Order (#1) Add $ 7,945.00 Revised Contract Amount $258,745.00 Costs have been reviewed by the consulting architect (Chaintreuil Jensen Stark) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 30320106 445100 – Division of Buildings Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated January 20, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to John W. Danforth Co., an increase in the amount of $7,945.00, as more fully described in the above communication, for work relating to Job No. 0722, Bailey Genesee Fire Station Construction, C #93000110. Funds for this project are available in 30320106 445100 - Division of Buildings. PASSED NO. 17 CHANGE IN CONTRACT CITY HALL MASONRY RESTORATION - PHASE 2 JOB #0746 EILICOTT DISTRICT I hereby submit to you Honorable Body the following changes for City Hall Masonry Restoration Phase 2, Graciano Corp c# 93000112 1. Reset new ceramic tile (Floor and wall wainscot) Add $10,537.00 In existing 10’6” x 9’0” bathroom (City to Provide All required tile) The foregoing change results in a net increase in the contract of Ten Thousand Five Hundred Thirty Seven and 00/100 Dollars ($10,537.00) Summary Original Contract Amount $3,191,970.00 Change Order# 1 Add $ 1,857.25 Amount of this change order Add $ 10,537.00 Revised Contract Amount $3,204,364.25 Costs have been reviewed by the consulting Architect (DiDonato Associates) and the Department of Public Works, Parks and Streets and were found to be fair and equitable. Funds for this work are available in 30320506 445100-Division of Buildings. REFERRED TO THE COMMITTEE ON FINANCE NO. 18 CHANGE IN CONTRACT MUSEUM OF SCIENCE BOOSTER PUMP & SERVICE REPLACEMENT JOB #0801 MASTEN DISTRICT I hereby submit to Your Honorable Body the following changes for the Museum of Science, Booster Pump & Service Replacement, L & D Johnson Plumbing & Heating, C #93000167. 1. Furnish and install additional 4" Type "L" copper pipe, fittings, hangers, rod, anchors, insulation and miscellaneous items to relocate the new booster pump from the intended location to around the corner under an existing stairway. Add $ 3,982.00 The foregoing change results in a net increase in the contract of Three Thousand Nine Hundred Eighty Two and 00/100 Dollars ($3,982.00). Summary Original Contract Amount $61,926.00 Amount of This change order Add $3,982.00 Revised Contract Amount $65,908.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 30320806 445100 - Division of Buildings. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated January 21, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to L & D Johnson Plumbing & Heating, an increase in the amount of $3,982.00, as more fully described in the above communication, for work relating to Job No. 0801, Museum of Science, Booster Pump & Service Replacement, C #93000167. Funds for this project are available in 30320806 445100 - Division of Buildings. PASSED AYES - 8 NOES - 0 NO. 19 PERMISSION TO INCREASE CONTRACT BERGMANN ASSOCIATES CONTRACT #92011215 Honorable Body the following change for this contract. Bergmann Associates is the engineering consultant for the GIS Implementation Project for the City of Buffalo. The project included detailed design, modeling, application and data development and software integration. This increase is necessary for incorporation of work being done for the Office of Strategic Planning into the City's GIS system. I respectfully certify that this increase is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said increase for $5,000.00. The funds are available in Capital Projects account 31655806 445100. Original Contract $341,220.00 Change Orders to Date $159,855.00 Change Order #3 $5,000.00 Revised Contract Amount $506,075.00 Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated January 27, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 3, to Bergman Associates, an increase in the amount of $5,000.00, as more fully described in the above communication, for work relating to GIS Implementation Project, C #92011215. Funds for this project are available in Capital Projects account 31655806 445100. PASSED AYES - 8 NOES - 0 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 20 FOOD STORE & MEAT, FISH & POULTRY LICENSES Dear Members of the Buffalo Common Council: In accordance with an agreement between your Honorable Body and the Office of Licenses I am attaching a master list of Food Store Licenses and Meat, Fish and Poultry Licenses that are to expire April I, 2009 for your review. Please notify the Office of Licenses in writing as to which address/addresses you have concerns with and the reason for your concern. Respectfully submitted, REFERRED TO THE COMMITTEE ON LEGISLATION NO. 21 SIDEWALK CAFÉ LICENSE 601 MAIN ELLICOTT The Common Council approved a sidewalk café for the restaurant located at 601 Main. The restaurant, known as TGI Fridays is now owned by Steven Grossman (SRAC Casual Dining LLC). Mr. Grossman has requested permission to install a similar café. The Department of Permit & Inspection Services has no objection to you Honorable Body authorizing the Commissioner to issue a “mere license” to encroach City right of way provided all conditions in the above mentioned approval are met. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE CORPORATION COUNSEL NO. 22 USED CAR DEALER 202 MILITARY (NORTH) 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 202 Miltary and find that as to form is correct. 1 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 Timothy Eckstein & Clay Hubert. The attached thereto for Timothy Eckstein & Clay Hubert dba/Military Motors. 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 January 27, 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 Timothy Eckstein & Clay Hubert d/b/a Military Motors located at 202 Military. PASSED AYES - 8 NOES - 0 NO. 23 PERMISSION TO REPLACE VEHICLE The division of purchase has received a request from the department of fire to replace two (2) of its vehicles that were auctioned (f- 002 and p-484-f), with two vehicle that are no longer of use in the police department (p-517 & p-519) both 2005 crown vic's that were slated for auction. The department of street sanitation would also like to replace four (4) of its vehicles that were auctioned ( s-245, s- 254, gs-03-x, s-237) with vehicles that were slated for auction from police (p-105-2001 crown vic,p-330-2003 crown vic,p-325-2003 crown vic,p-336-2003 crown vic), the rotation of vehicles allows for us to dispose of vehicle's that are to costly to repair while updating the fleet from assets already owned.. Updating of the above is of no cost to the city, versus the cost of repairs needed on the older vehicles. REFERRED TO THE COMMITTEE ON FINANCE FROM THE CITY CLERKS OFFICE NO. 24 RECALL ITEMS FROM MAYOR RESULTS OF NEGOTIATIONS- 16 HIRSCHBECK (ITEM NO. 5 C.C.P. 1/20/09) RESULTS OF NEGOTIATIONS- 119 LATHROP (ITEM NO. 6, C.C.P. 1/20/09) RESULTS OF NEGOTIATIONS- 48 LOWELL (ITEM NO. 7, C.C.P. 1/20/09) RESULTS OF NEGOTIATIONS- 27 NEWELL (ITEM NO. 8, C.C.P. 1/20/09) Mr. Fontana moved that Items No. 5, 6, 7, 8 C.C.P. January 20, 2009be and the same are hereby recalled for the purpose of reconsideration and for taking such further action thereon as the Council may deem to be appropriate. Seconded by Mrs. Russell ADOPTED Mr. Fontana moved to Approve the above Items. Seconded by Mrs. Russell NO. 25 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 228 Franklin St The Panic Room Steven G. Seminara RECEIVED AND FILED NO. 26 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- RT Jeyne Langhorne REFERRED TO THE COMMITTEE ON CIVIL SERVICE. NO. 27 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: 01/12/2009 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer Temporary appointment at the flat salary of $11.11 William Gallagher, 194 Culver Road, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment Effective 01/13/2009 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer, Temporary appointment at the flat salary of $11.11/hr Paul E. Fitzpatrick, 23 Heussy Avenue, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment Effective 01/21/2009 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer, Temporary appointment at the flat salary of $11.11/hr Louis Carbone, 212 Geary Street, Buffalo, NY 14220 Michael A. McCool, 53 Oakhurst Road, Buffalo, NY 14220 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NO. 28 BFLO ENV MNGT COMM.-MONTHLY ENERGY/EFFICIENCY TIP SHEET As part of its City Charter-defined mission to advise the Mayor and Common Council on environmental issues affecting the City, the Buffalo Environmental Management Commission submits a monthly "tip sheet" on a timely topic for your information, review and consideration. This month's tip sheet showcases the City of Toronto's Lower Don Lands Design. Last year Waterfront Toronto received the 2008 Royal Architectural Institute of Canada's (RAIC) Sustainable Development Award for the design of the Lower Don Lands. Waterfront Toronto is comprised of representatives from the Government of Canada, the Province of Ontario and the City of Toronto and was formed to oversee and lead the renewal of Toronto's waterfront. Waterfront Toronto's philosophy is driven by an integrated approach to transforming the central waterfront land and goes beyond getting the highest value for each individual parcel. Public accessibility, design excellence, sustainable development, economic development and fiscal sustainability are the key drivers of the revitalization effort. The sustainable Development award recognizes the role urban design and architectural excellence play in maintaining and enhancing the quality of life in Canadian cities. In their final analysis the National Urban Design jury members felt that the Lower Don Lands design crafted an ecologically-based and environmentally sensitive approach that will provide a long-term evolutive strategy for sustainable development. The Lower Don Lands project is just one part of Waterfront Toronto's 8000-hectare project to transform the City of Toronto's central waterfront. The design for the Lower Don Lands promises to turn unused land in Toronto's central waterfront into a sustainable "green" city, a new destination where city, lake and river interact in a dynamic and balanced relationship. If you have any questions regarding the tip sheet please contact Joe Gardella (Interim Chair, BEMC) at -¢lardellaC~.buffalo.edu or Dennis Sutton (BEMC support staff) at dsutton@,city-buffalo.com. We look forward to any input on the monthly tip sheet. BEMC members are willing to attend any meetings to promote implementation of these programs in the City of Buffalo. BEMC meets monthly, on the third Wednesday, 8:00 AM, 920 City Hall. The web site address for the BEMC is: http:llwww.ci.buffalo.ny.uslHomelCityServiceslEnvironmental-Management-Commission REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 29 FACT SHEET CLEANUP PLAN PROPOSED FOR BUFFALO LAKESIDE COMMERCE PARK- PARCEL 4 INTRODUCTION At the meeting, DEC will discuss and answer questions regarding the proposed cleanup plan for the Parcel 4 Site. The meeting is also an opportunity to present your comments on proposed cleanup activities. New York State Department of Environmental Conservation (DEC) and the Buffalo Urban Development Corporation (BUDC) invite you to attend a public meeting regarding proposed cleanup activities at the Buffalo Lakeside Commerce Park-Parcel 4 Site in Buffalo, Erie County. At the meeting, representatives from DEC, BUDC, and New York State Department of Health (DOH) will present a proposed cleanup plan for the site and be available to answer questions from the public. The proposed cleanup plan, called the "Proposed Remedial Action Plan" (PRAP) is also available for your review at the locations listed at the end of this fact sheet, and on the DEC website (see below). Public comments on the PRAP will be accepted between January 29 and March 15, 2009 and may be submitted to the DEC project manager listed on page 3 of this fact sheet. Cleanup work will be performed under the Environmental Restoration Program (ERP) established by New York State's 1996 Clean Water/Clean Air Bond Act. Through the ERP, DEC provides financial assistance to local governments for the cleanup and restoration of brownfields sites. A brownfield is currently unused, abandoned, or idle property that may have been used for industrial purposes in the past but no longer contributes to the tax base of a municipality. This fact sheet is being provided to explain why a cleanup plan for the Parcel 4 Site is being proposed, what the proposed cleanup activities will involve, and how to obtain more information. SITE BACKGRO UND Parcel 4 is a 20-acre propeJ'ty located at 1714 Fuhrman Blvd., north of the former Union Ship Canal near Route 5 at the southern part of the City of Buffalo. See site map. The property was owned by Hanna Furnace, an industrial facility that processed iron ore into iron from 1903 to 1983, when the facility closed. The last of Hanna Furnace's blast furnaces and buildings were demolished in 2003; all that remains is the Union Ship Canal. Separate cleanup and redevelopment efforts similar to those described in this fact sheet have occurred and are occurring at parcels 1, 2, and 3 shown on the site map. To determine the type and location of contamination at the site, BUDC conducted a site investigation between January 2006 and January 2007. The findings of that investigation and an evaluation of potential cleanup alternatives are described in the October 2008 Site Investigation/Remedial Alternatives report, available at the locations listed at the end of this fact sheet and the DEC website. The investigation revealed that the entire site is covered with a layer of fill material 10 to 25 feet thick. The fill is composed of disturbed, natural materials including clay, sand, silt, boulders, dredged lake sediments and shale rock, as well as the raw materials and byproducts of iron and steel production such as ash, slag, iron ore, limestone and construction/demolition debris (e.g. wood, bricks and concrete). The site is generally fiat, but there are two areas of pronounced fill material in raised fill mounds. The Debris Disposal pile, located near the center of the site, is composed of native materials including sand, gravel, cobbles and boulders and fill materials including black sand, ash, slag, brick concrete, wire rope (cable), tires, crushed stone, metal debris and various other construction and demolition debris. The Filter Cake/Flue Ash pile at the western end of the Site is composed entirely of black fine-grained ash, collected from the exhaust of the iron blast furnaces. The 45,000 to 55,000 cubic yards of ash in and around the Filter Cake/Flue Ash pile are contaminated with lead. Some samples of the ash exhibited the characteristics of a hazardous waste due to the high concentration and mobility of the contamination. The fill material which covers the entire site is contaminated with other metals and semi-volatile organic compounds (SVOCs). SVOCs are chemicals commonly produced during the combustion process of fossil fuels which do not readily evaporate. A buried pocket of cyanide-contaminated, blue-colored fill, was found at the southern edge of the site. The SI indicated that groundwater at the site is contaminated with metals, but they are not likely to significantly impact the surface water of the Union Ship Canal. DESCRIPTION OF PROPOSED CLEANUP ACTIVITIES To address the contamination present at the site, the DEC has prepared a cleanup plan called a Proposed Remedial Action Plan (PRAP). The proposed cleanup activities include: Sampling and analyzing the Filter Cake/Flue Ash pile and segregating that portion of the material which exhibits hazardous waste characteristics from the material which does not. The hazardous waste portion would be chemically stabilized on site before being disposed off site in a permitted landfill. As part of the remedial design, a determination would be made as to whether or not it would be feasible to further sort the filter cake/flue ash pile by lead contaminant concentrations. If so, a site-specific cleanup objective for just the flue ash/filter cake would be proposed which would be more cost effective but still protective of the public health and environment for tile intended use of the site. • Excavating and testing the estimated 100 cubic yards of cyanide-contaminated, blue-colored fill and properly disposing it at an off-site permitted landfill. Excavating the Debris Disposal pile and separating the debris from the soil/fill for disposal at a permitted solid waste facility. The soil/fill within the pile would be sampled and analyzed in accordance with a soil management plan. Soil/fill with contaminant concentrations below soil cleanup objectives for commercial site use would be staged on site and used as sub-grade backfill for site redevelopment. Soil/fill with contaminant concentrations in excess of the cleanup objectives would be disposed off site at a permitted landfill. Removing all other surface debris and reconstructing the site to the required elevations for redevelopment. Placing a demarcation layer of synthetic fabric between the existing fill and the clean soil cover material. The clean soil cover will be a minimum of twelve inches thick. In the areas of the site that will be covered by buildings or become roads, sidewalks or parking lots, the cover system will consist of a minimum of eight inches of pavement. Imposing an enviromnental easement on the property to restrict future use to commercial purposes. Developing a site management plan to address residual contamination, use restrictions, and maintenance of the soil cover. PUBLIC MEETING A public meeting will be held on February 17, 2009 at 7 PM at the Valley Community Center to discuss the proposed cleanup plan for the Parcel 4 Site. At the meeting, DEC and DOH representatives will be available to answer questions regarding proposed cleanup activities. WHO SHOULD I CALL IF I HAVE QUESTIONS ABOUT THE SITE? OPPORTUNITIES TO COMMENT AND LOCATIONS TO VIEW PROJECT RELATED DOCUMENTS DEC welcomes your input on the proposed cleanup plan. You may review tire PRAP, as well as other site-related documents at tile locations listed below. DEC will accept comments on the plan at the public meeting and in writing until March 15, 2009 - tile end of the 45 day comment period. Please send written comments to Mr. David Locey at DEC's Buffalo Office (address listed above). To keep you informed, DEC has established two locations at which you can view site-related project documents. These locations include: You may also wew documents on the DEC website. Go to the Region 9 - Environmental Remediation Project Information page at http://www.dec.n¥.gov/chemical/37554.html and look for the Hanna Furnace Parcel 4 entry under the Erie County heading. REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT NO. 30 R. FONTANA- .H. RODENBER~ALTERNATE PARKING CHANGE LOVERING AVE Dear Mr. Chwalinski, Please file the attached document for the upcoming Common Council Session to be held on February 3, 2009. Thank you in advance for your assistance in this matter. Sincerely, Lovejoy District Council Member Map 7 e Road Williamsville, New York 14221 Councilman Fontana City Hall Buffalo, New York 14202 Dear Mr. Fontana: I resided on Lovering Avenue in north Buffalo for fifty- five years. Countless times Sunday visitors would have to stop whatever we were doing to dash out and move their cars. It was accepted that was part of living in Buffalo. I look forward to changing alternate parking days to Mondays. That is good. Changing the hour to six p.m. is not good. I ask you to consider the thousands of seniors, frail and handicapped that would have go out in dark winter days to move their cars. They would have to deal with unshoveled snow and icy patches that could cause harm. Working people would have to move their cars shortly after arriving home and possibly interrupt dinner to do this. My strong recommendation would be to retain the four o'clock time. Working people coming home after four would be able to stay in their homes and seniors would be much more comfortable moving their cars in the daytime. This is a wonderful opportunity for Buffalo to be citizen friendly. Hopefully bureaucracy will not stand in the way. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 31 M KEARNS- RE: DEVELOPMENT OF THE LA RIVIERE DRIVE PARCEL We are writing to address the controversy surrounding the Request for Proposal ("RFP"), competing proposals submitted, development guidelines, and designation of a redeveloper by the Buffalo Urban Renewal Agency ("BURA") for parcels I and 1A located at La Riviere Drive in the Waterfront Village area. As you are well aware, BURA has been severely criticized that its handling of this site by the general public, the business community and experts in architecture and urban planning. According to BURA Board Item LOG NO 5a, dated December l, 2008, two proposals were submitted and considered by the City's Office of Strategic Planning ("OSP") and BURA for this site- one by Ciminelli Development Corporation ("Ciminelli") and the other by Specialty Restaurants Corporation ("SRC"). "The two projects represent[ed] different approaches in regards to the development parcel usage," and "[the] considerations given by the staff review included existing restrictions on the subject parcel and the surrounding BURA 'DEGRA/DADA' parcels, future plans for a potential Inner Harbor bridge, the potential straightening of Erie Street and the ability to for [sic] BURA in the future to execute additional development parcels if parking accommodations could be made nearby." At BURA's December 4, 2008 Board meeting, Corporation Council Lukasiewicz made a Motion to Approve the designation of SRC as the redeveloper of the site. Prior to this motion being made however, Council President Franczyk stated that he was never presented with the item and would need more time to review it. Council President Pro Tempore Kearns also communicated that BURA's Board had not been given enough time to evaluate the competing proposals and made a Motion to Table the item to allow time for additional review. The Motion to Table was defeated 5-3, with Council Members Kearns, Franczyk and LoCurto voting in favor, while Commissioner Reilly, Commissioner Penska, Ms. Lukasiewicz, Andrew Eszak and you voting in passed 5-3. Council the negative. Ms. Lukasiewicz promptly made her Approval Motion, which LoCurto voted in the negative, while Ms Lukasiewicz, Members Kearns, Franczyk and Commissioner Reilly, Commissioner Penska, Andrew Eszak and you voted to designate SRC redeveloper for the La Riviere parcels. Several stakeholders in the development of the La Riviere site, who are not voting members of th BURA, also raised serious concerns in regard to the SRC proposal at the December 4meeting: Frank Lysiak of the Waterfront Village Advisory Council noted that the Ciminelli project had been removed from consideration even though it had scored significantly higher than SRC's proposal; Shelly Dellebovi of the Waterfront Village Advisory Council stated that her Committee had issues with the parking and waterfront access; and, J. George Harr, Jr., President of Gull Landing Association, reported that the Association favored the Ciminelli proposal and opposed the SRC project for a variety of reasons, noting that approximately $2 million less in real estate taxes would be collected under the SRC proposal. th Public frustration over the selection of the inferior of the two competing projects:presented to BURA did not end at the December 4 BURA meeting. J. George Harr, Jr. renewed the Gull Landing Association's objection to selection of the SRC proposal, in writing, and numerous others, including Paul L. Herendeen, President of the Buffalo/WNY Chapter of the American Institute of Architects, have written to their elected officials and contacted local media outlets to voice their outrage. In a letter dated December 31, 2008, Mr. Herendeen, one of Western New York's premier architects, referred to BURA's decision to approve the SRC proposal as "completely inappropriate, counterproductive and set[ting] a poor standard for the development of our cities' [sic] urban waterfront." Mr. Herendeen went on to suggest that it "flies in the face of any reasonable design and planning processes" and "will negatively affect the future of our waterfront for decades to come." While it is common for development projects to meet some resistance, the number of complaints concerning BURNs designation of SRC as redeveloper for the La Riviere parcel are exceptional. Experts, neighboring residents and ordinary citizens continue to speak out against this decision, further fueling the perception that this project was planned in a vacuum and that a more holistic approach is needed. Further, many important questions remain unanswered in regards to this project including: Whether BURA seriously considered the impact of SRC's proposal on the property values and quality of life of residents of Waterfront Village and other nearby residential developments; e Why BURA has not worked in concert with the Erie County Harbor Development Corp. ("ECHDC") and other agencies currently overseeing planning and implementation of projects in the area to develop a comprehensive and coherent vision for development of the La Riviere and adjoining parcels, when such projects will impact our community for generations; Why BURA did not design the RFP fur the La Riviere site in a way which would evaluate all proposals on their adherence to the "Queen City Hub: A Regional Action Plan for Downtown Buffalo," "Queen City in the 21st Century: Buffalo's Comprehensive Plan," "Queen City Waterfront: Buffalo Waterfront Corridor Initiative," "Local Waterfront Revitalization Program" and other existing planning documents, as well as their application of smart growth principals, especially with the City looking to implement a Smart Code These questions must be answered before any project can realistically move forward. The Common Council, the Office of Strategic Planning and your Mayoral administration have all affirmed their desire to see a Smart Code implemented for the City. A "Smart Code," among other things, will emphasize traditional street grids, enhance interconnectivity of neighborhoods and discourage surface parking lots. The proposal of BURNs designated redeveloper, SRC, however, is characterized by exactly the type of suburban-style architecture and emphasis on surface parking that Smart Codes are meant to discourage. In order to create the type of development the Public wants and our City deserves, a Master Plan is needed for the La Riviere site as it relates to our entire waterfront. No proposal should have been selected before extensive community input and the completion of studies on the straightening of Erie Street to restore the historic connection between the Waterfront and downtown, returning a traditional urban street grid to the area, and the building of a bridge to the Outer Harbor. Furthermore, in addition to parcels 1 and 1A at La Riviere Drive, the development potential of the adjacent parcels that are currently encumbered pursuant to an agreement with the Pyramid Group, should be fully explored. These parcels are currently being operated as parking lots, far from their highest and best use, and their proximity and potential for expanding the size and marketability of the La Riviere development area should be carefully considered. At the December 4, 2008 BURA meeting, you stated that the Ciminelli project did not conform to the RFP due to its lack of compliance with height, square footage and parking restrictions. We counter, and many experts agree, that we should not be basing development decisions for our City's waterfront of tomorrow on outdated and counterproductive guidelines established in the 1960's and 1970's. The Common Council has a responsibility to make choices mad render approvals that are in the best interests of the City and its taxpayers. Unfortunately, the SRC proposal which was approved by BURA, does not meet this criterion. We, the undersigned, find the RFP, selection process and manner in which a developer was designated for the La Riviere Drive fatally flawed. We therefore will not be approving the SRC proposal should it come before the Common Council, or any other proposal, until these deficiencies are addressed. To this end we respectfully request that BURA: Rescind its designation of SRC as redeveloper of parcels 1 and 1A at La Riviere Drive Review the "Queen City Hub: A Regional Action Plan for Downtown Bufthlo," "Queen City in the 21st Century: Buffalo's Comprehensive Plan," "Queen City Waterfront: Buffalo Waterfront Corridor Initiative," "Local Waterfront Revitalization Program" and other existing planning documents for the City to determine if a new RFP needs to be drafted for creation of a Master Plan for the entire area, including the straightening of Erie Street Re-examine and update its rules and waterfront development guidelines to reflect the smart growth principles that underlie the type of Smart Code the City is looking to implement We intend to create a Planning Advisory Council, which will answer to the Common Council, to ensure that there is a forum for public input and recommendation from independent experts on development proposals. If you have any questions concerning this matter, please contact the undersigned at 716-851-5169 REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT NO. 32 M. KEARNS-SOUTH DISTRICT ROOF REPLACEMENT PROGRAM UPDATE I am writing you to provide an update on the status of the South District Roof Replacement Program. As I informed you in my last letter dated May 9th, requisite City of Buffalo approvals for this program have taken much longer than expected. Disbursement of these funds was initially delayed in part due to a request made by the City Comptroller's Office for a legal opinion from the City of Buffalo Corporation Counsel on the program. In relevant part, this opinion by the Comptroller stated that: "The Roof Replacement program is specifically designed to promote residential neighborhood stabilization while at the same time incentivizing actual homeowner private investment in upgrading the City's aging housing stock. Equally important is the fact that the replaced roofs will be safer for Buffalo Firefighters in the performance of their duties in the event that their fire fighting services are called upon at homes where roofs have been replaced." Despite the existence of this legal opinion, the Office of Strategic Planning, who is responsible for the administration of this program, is now seeking another opinion from the City's Corporation Counsel as to whether City of Buffalo employees can be reimbursed through the program. Those within the Office that have been charged with overseeing the program have been largely unresponsive to my calls and inquiries into the continued delay in distributing funds to program participants, most notably the enclosed letter to Commissioner Brian Reilly, dated November 12th, 2008. For the aforementioned reasons, I am now advising all participants in the program who remain unpaid to file claim against the City for amounts owed. For your convenience, I have enclosed a copy of the form which must be used to file your claim along with instructions for completing the claim form. I would like to thank you for the patience that you have shown during this lengthy process, and promise you that 1 will do everything in my power to ensure the City of Buffalo fully reimburses program participants for amounts owed. Please feel free to contact my office at 851-5169 if you would like assistance with the preparation of your claim form or have any other questions in regard to the status of this program. Sincerely, REFERRED TO THE COMMITTEE ON FINANCE NO 33 M. KEARNS-LETTER TO CORPORATION COUNSEL-REQUEST FOR INFORMATION Dear Mr. Chwalinski, Please file the attached document for the upcoming Common Council Session to be held on February 3, 2009. Thank you in advance for your assistance in this matter. Sincerely, Michael P. Kearns South District Council Member January 29, 2009 Ms. Alisa Lukasiewicz, Corporation Counsel Law Department 1101 City Hall Buffalo, New York 14202 Dear Ms. Lukasiewicz: The Common Council has repeatedly requested that the City Administration, the Department of Public Works, and related City Agencies file copies of any official notice that they have received from the County of Erie, NY stating their intention to terminate the existing intermunicipal agreement for the operation of City Parklands. In addition to requests made by individual Council Members and staff by phone and email, the Common Council specifically asked for the filing of this information pursuant to a resolution adopted at its Oct. 28, 2008 Meeting which was filed by Council President David A. Franczyk. As of this date, however, we have received no response and this information remains unfiled We respectfully renew our request for the above information and asked that it be filed with all expediency. Thank you for your attention to this request. Sincerely, Michael P. Kearns South District Council Member Cc: Timothy Ball REFERRED TO THE SPECIAL COMMITTEE ON POLICE OVERSIGHT NO 34 MARINE DRIVE APTS- REQ SIGNS POSTED FOR NO STANDING 11/1 TO 4/1 By virtue of this correspondence we, the Marine Drive Residents, are requesting that "No Standing from Nov 1 to April 1 from 9 AM to 5PM Mon. through Fri." signs be posted around the Marine Drive. It has become increasing difficult to have our streets plowed during the winter because either the cars are stuck there most of the winter resulting from the first heavy snow fall or the city plows don't come down at all. Although we do not have Metro buses that use the Marine Drive streets, we do have school buses that use this route. We cannot and do not have alternate side parking because of the handicap parking that is situated facing the buildings. Having the signs posted would allow the city ample time to plow Marine Drive thereby making the street passable for both the school buses and the regular vehicle traffic. Respectfully, The Residents of Marine Drive Apartments. REFERRED TO THE COMMITTEE ON LEGISLATION NO 35 MARINE DRIVE APTS-REQ SPEED LIMIT CHANGE MARINE DR AND FRONT OF NAVEL PARK By virtue of this correspondence we, the Marine Drive Residents, are requesting that the speed limit on Marine Drive and the block in front of the Navel Park be changed from 30 mph to 20 mph. With the increase of motor vehicle traffic that has resulted from the many beautiful improvements to the Waterfront we find that it is becoming more and more dangerous, not only for our residents but also to visitors to the Waterfront, to cross the streets around Marine Drive. Respectfully Submitted, The Residents of the Marine Drive Apartments REFERRED TO THE COMMITTEE ON LEGISLATION AND PUBLIC WORKS NO36 M. MORTENSON-REQUEST EXTENSION OR NEW LEASE-TIFFT NATURE PRESERVE Mr. Hannon, Over the last two years we have obtained foundation and grant support to dramatically improve operations at Tifft Nature Preserve. As of August 31, 2008, our lease for Tifft Nature Preserve has expired. Having an expired lease severely limits ongoing improvement plans that we have for Tifft Nature Preserve because funders require a current lease. At this point, we have 2 grants for the New York Power Authority and one grant for NYS DEC that cannot be submitted due to our expired lease. This leaves between $10,000 to $100,000 of potential funding on hold. I request your immediate attention to the Tifft Nature Preserve lease so that we can submit these proposals as soon as possible so that we can continue the custodianship of this important regional resource. I have also included our prior requests for lease renewal at Tifft Nature Preserve. In addition, I have enclosed our previous request to extend the lease at the Buffalo Museum of Science location, 1020 Humboldt Parkway. I have not received a response from your office. As previously noted, extending this lease is vital for our ongoing fundraising efforts. Thank you in advance for your immediate attention to these matters. Sincerely, Mark Mortenson President and CEO Buffalo Society of Natural Sciences REFERRED TO THE COMMITTEE ON FINANCE PETITIONS NO 37 R. RUSCH, AGENT, USE 818 ELMWOOD A.K.A. 816 ELMWOOD FOR A GROUND SIGN (NORTH)(NO PUB HRG) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO 38 C. HARTKE, USE 591 DELAWARE FOR A POLE SIGN (ELL)(NO PUB HRG) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO 39 VULCAN SUPPORTIVE APARTMENTS, USE 311 VULCAN FOR A HSF (NORTH)(NO PUB HRG) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO 40 PERSONAL SERVICE CONTRACT - DEVELOP & ADMINISTER TRAINING & EXPERIENCE EXAMS (ITEM NO. 21, C.C.P., JAN. 21, 2009) That the Commissioner of Human Resources be and she hereby is authorized to enter into an Agreement with Nancy E. Abrams, Ph.D., for the development of a testing process for selection procedures to be used to generate City's Truck Driver, Equipment Operator, and Heavy Equipment Operator, be and hereby approved. PASSED AYES - 8 NOES - 0 NO 41 NOTICES OF APPOINTMENTS-TEMP/PROV/PERM (CCP# 27, 1/20) That the above item be the same and hereby is Received and Filed. ADOPTED NO 42 APPOINT ASSISTANT LEGISLATIVE AIDE (LEWIS) (CCP# 62, 1/20) That the above item be the same and hereby is Returned to the Common Council Without Recommendation. Mrs. Russell now moved to Adopt said item. ADOPTED FINANCE (MICHAEL P. KEARNS, CHAIRMAN) NO 43 COMPREHENSIVE ANNUAL FINANCIAL REPORT FY ENDED 6/20/08 (COMPT) (CCP# 11, 1/20) That the above item be the same and hereby is Received and Filed. ADOPTED NO 44 BUFFALO WATER BOARD-MONTHLY OPERATIONS REPORT DECEMBER 2008 (CEP# 29, 1/20) That the above item be the same and hereby is Received and Filed. ADOPTED NO 45 M. LOCURTO-COMPLAINT CITY REASSESSMENTS 11/1998 TO 12/2008 (CCP# 29, 1/20) Mr. Kearns moved that the above item be recommitted to the Committee on Finance ADOPTED NO 46 ACCEPTANCE OF FUNDS - CITIBANK ($20,000) (ITEM NO. 42, C.C.P., DEC. 9, 2008) That the Commissioner of Community Services and Recreational Programming be, and she hereby is authorized to accept a grant in the amount of $20,000 from Citibank for the Mayor's youth employment program. PASSED AYES - 8 NOES - 0 NO 47 ACCEPTANCE OF FUNDS - MAYOR'S FUND TO ADVANCE BUFFALO ($15,885.00) (ITEM NO. 43, C.C.P., DEC. 9, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the Commissioner of Community Services and Recreational Programming be, and she hereby is authorized to accept of $15,885.00 from the Mayor's Fund to Advance Buffalo. PASSED AYES – Fontana, Franczyk, Golombek, LoCurto, Rivera, Russell, Smith 7 NOES - Kearns 1 NO 48 VARIOUS GRANTS - IMPLEMENT YOUTH CURFEW AND GANG/PATHWAYS-YOUTH VIOLENCE PREVENTION PROJECT (ITEM NO. 44, C.C.P., DEC. 9, 2008) That the Common Council ratifies the application and related pre-grant approval steps of the City and that the Mayor is authorized to execute the Grantee Acceptance contained in the USDOJ Grant Award Documents and that the City of Buffalo and/or the City of Buffalo's Department of Community Services & Recreational Programming is authorized to enter into contracts, agreements and or other related appropriate arrangements with the grant funding sources and partners as described in the above communication, in order to receive the U.S. Department of Justice and Buffalo Police Department grants funding and further in order to implement all the related objectives of the Program. The Commissioner of Community Services and Recreational Programming and/or the Mayor are authorized to take all such steps and actions to execute and or process such additional documentation or modifications as shall be necessary to facilitate the grants funding; that the Corporation Counsel is authorized to finalize said contracts and other necessary documentation wherever necessary for execution and Program implementation. That the City is authorized to appropriate expenditures of the "up-front" funds as are necessary in order to generate the reimbursement portion/function of the grant funding (as the U.S. Department of Justice Grant is a "reimbursable" grant). PASSED AYES - 8 NOES - 0 NO 49 J. HORNUNG-INVENTORY LIST-EC PARKS DEPT CITY EQUIP & EMPLOYEES (CCP# 22, 11/25) That the above item be the same and hereby is Referred to the Special Committee on Parks Oversight. ADOPTED NO 50 REQUEST FOR STATUS UPDATE-EC INTENTION TO TERMINATE THE INTERMUNICIPAL AGMT TO OPERATE & MAINT COBPARKLANDS ST ND (EXC 1& 2RES) (CCP# 72, 10/28) That the above item be the same and hereby is Referred to the Special Committee on Parks Oversight ADOPTED NO 51 M. KEARNS-J. BLIDY-CONCERNS DETERIORATING CONDITIONS OF HILARY PARK (CCP# 32, 10/14) That the above item be the same and hereby is Referred to the Special Committee on Parks Oversight ADOPTED NO 52 CITY PARKS CAPITAL FUNDING (COMPT) (CCP# 9, 9/2) That the above item be the same and hereby is Referred to the Special Committee on Parks Oversight ADOPTED NO 53 B. DAVIS-J. SISSON-CATHEDRAL PARK TOWER (CCP# 63, 9/2) That the above item be the same and hereby is Referred to the Special Committee on Parks Oversight ADOPTED NO 54 CITY PARKS CAPITAL FUNDING (CCP# 163, 7/22) That the above item be the same and hereby is Referred to the Special Committee on Parks Oversight ADOPTED COMMUNITY DEVELOPMENT (MICHAEL J. LOCURTO, CHAIRMAN) NO 55 RESULTS OF NEGOTIATIONS - 428 BAILEY (ITEM NO. 4, C.C.P., JAN. 20, 2009) That the offer from Robert Skerker, residing at 2615 Walden Avenue, Cheektowaga, in the sum of five hundred dollars ($500.00) for the purchase of 428 Bailey, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 8 NOES - 0 NO 56 RESULTS OF NEGOTIATIONS - 359 HUDSON (ITEM NO. 11, C.C.P., DEC. 23, 2008) (ITEM NO. 42, C.C.P., JAN. 20, 2008) That the offer from Mr. Charles HT Saunders and Mrs. Mary Simpson Saunders, residing at 17 Days Park, in the sum of three thousand dollars ($3,000.00) to purchase the property described as 359 Hudson, be and hereby is accepted; and That the purchaser has also agreed to pay for all closing costs associated with the transfer of title; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bids were submitted. PASSED AYES - 8 NOES - 0 NO 57 M. KEAMS-H. SLEDZIESKI & O-CASENOVIA POOL IMPROVEMENTS (#88, 9/2) That the above item be the same and hereby is Received and Filed. ADOPTED LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRMAN) NO 58 M. MOSCATI, PETITION TO USE 335 GRIDER TO ENLARGE A HUMAN SERVICE FACILITY (ITEM NO. 36, C.C.P, JAN. 20, 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 January 27, 2009, the petition of M. Moscati, agent, for permission to enlarge a Human Service Facility at 335 Grider be, and hereby is received and filed RECEIVED AND FILED NO 59 2008-2009 REVISED SNOW REMOVAL STANDARD OPERATING PROCEDURE (ITEM NO. 1, C.C.P., JAN. 20, 2009) Mr. Golombek moved that the above item be recommitted to the Committee on Legislation ADOPTED NO 60 HOPE HOUSE OF BUFFALO- 335 GRIDER TO ENLARGE A HUMAN SERVICE FACILITY (ITEM NO. 32, C.C.P., JAN. 20, 2009) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved that the above item be recommitted to the Committee on Legislation ADOPTED NO 61 REPORT OF AUCTION - 2347 BAILEY (ITEM NO. 8, C.C.P., DEC. 9, 2008) (ITEM NO. 45, C.C.P., JAN. 20, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the offer from Ms. Brenda J. Lewis, 188 Roslyn Street in the sum of three thousand dollars ($3,000.00) to purchase the property described as 2347 Bailey, be and hereby is accepted; and That the purchaser has also agreed to pay for all closing costs associated with the transfer of title; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bids were submitted. DENY NO 62 REPORT OF AUCTION - 1290 EAST FERRY (ITEM NO. 9, C.C.P., DEC. 9, 2008) (ITEM NO. 46, C.C.P., JAN. 20, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the offer from Ms. Brenda J. Lewis, 188 Roslyn Street in the sum of six hundred dollars ($600.00) to purchase the property described as 1290 East Ferry, be and hereby is accepted; and That the purchaser has also agreed to pay for all closing costs associated with the transfer of title; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bids were submitted. PASSED AYES - 8 NOES - 0 NO 63 FOOD STORE LICENSE - 977 SYCAMORE (ITEM NO. 7, C.C.P., JAN. 6, 2009) That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Mohammad Ali located at 977 Sycamore d/b/a A.D. Asian Variety Mart with the following conditions:  • The store will close on or before 9 pm every day. • There will be no alcohol sales at the store.  • There will be no lottery sales at the store.  Passed  AYES - 8 NOES - 0 NO 64 WAIVE ASBESTOS FEE REMOVAL FOR 54 ZENNER STREET (ITEM NO. 58, C.C.P., JAN. 6, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the Common Council grant the waiver of $3,219.00 for the asbestos removal at 54 Zenner Street; and That the City Clerk send a copy of this Resolution to the City Collection's Office to abate the $3,219.00 charge. PASSED AYES - 8 NOES - 0 NO 65 FOOD STORE LICENSE- 1624 WILLIAM (ITEM NO. 35, C.C.P., APR. 29, 2008) (ITEM NO. 56, C.C.P., JAN. 6, 2009) That the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is directed to approve a Food Store License to Bilal Yousafzai located at 1624 William with the attached conditions. CONDITIONS TO FOOD STORE LICENSE LOCATED AT 1624 William Street Item No. 35, C.C.P., April 29, 2008 Item No. 56, C.C.P., Jan. 6, 2009 The Food Store License of Bilal Yousafazi at 1624 William Street is hereby granted upon the following conditions: The owner/agent of the premises shall not sell the following items, which are commonly utilized in the use, packaging and trafficking of narcotics: Zip-lock bags ½” x ½’ Zip-lock bags 1" x 1" - 2" x 2" 3"-5" hollow rod glass rods (pipes) Crack pipes Glass Test tubes Any other drag paraphernalia It shall further be the duty of the owner/agent/licensee to: 1. Attend monthly block club meetings. 2. Restore any surface marred by graffiti to a clean state of maintenance and repair within ten days of discovery of said graffiti. 3. Remove all overgrown weeds, grass, brush, other vegetation, garbage and debris from the premises upon discovery thereof. 4. Insure that no signs or obstructions are placed in windows so as to block visual access into the inside of the store from the outside of the store. PASSED AYES - 8 NOES - 0 NO 66 C. GRIFFASI-REQ PERMITS-BUFFALO CULTURAL WALK OF FAME (#56, 12/9) That the above item be the same and hereby is Received and Filed. ADOPTED NO 67 M. KEARNS-FOLSOM HOUSE INFORMATION (#45, 11/12) That the above item be the same and hereby is Received and Filed. ADOPTED NO 68 D. SMITH-REQUEST ESTABLISHING & CHAIRING PARKS ADVISORY COMMITTEE (#64, 10/28)(#62, 9/30) That the above item is hereby referred to the Special Committee on Parks Oversight ADOPTED NO 69 J. GOLOMBEK-ELMWOOD VILLAGE-LNFO RE THEIR DESIGN STANDARDS IN THE CHARTER (#81, 9/30)(#51, 4/1)(#124, 9/2) That the above item be the same and hereby is Received and Filed. ADOPTED RESOLUTIONS NO 70 BY: MR. FONTANA COUNCIL MEMBER DAVIS EXCUSED FROM COUNCIL MEETING OF JANUARY 20, 2009 RESOLVED: That Council Member Brian Davis, be and hereby is excused from attendance at the Common Council Meeting of January 20, 2009. Under Section 24-12 of the City Charter, a two-thirds vote is required to excuse a Councilmember from attendance at a regularly scheduled meeting. The excuses were filed for the meeting, but no action on them could be considered due to a total of five members in attendance. ADOPTED. NO 71 BY: MR. FONTANA COUNCIL MEMBER LOCURTO EXCUSED FROM COUNCIL MEETING OF JANUARY 20, 2009 RESOLVED: That Council Member Michael LoCurto, be and hereby is excused from attendance at the Common Council Meeting of January 20, 2009. Under Section 24-12 of the City Charter, a two-thirds vote is required to excuse a Councilmember from attendance at a regularly scheduled meeting. The excuses were filed for the meeting, but no action on them could be considered due to a total of five members in attendance. ADOPTED. NO 72 BY: MR. FONTANA COUNCIL MEMBER RUSSELL EXCUSED FROM COUNCIL MEETING OF JANUARY 20, 2009 RESOLVED: That Council Member Bonnie Russell, be and hereby is excused from attendance at the Common Council Meeting of January 20, 2009. Under Section 24-12 of the City Charter, a two-thirds vote is required to excuse a Councilmember from attendance at a regularly scheduled meeting. The excuses were filed for the meeting, but no action on them could be considered due to a total of five members in attendance. ADOPTED. NO 73 BY: MR. FONTANA COUNCIL MEMBER SMITH EXCUSED FROM COUNCIL MEETING OF JANUARY 20, 2009 RESOLVED: That Council Member Demone Smith, be and hereby is excused from attendance at the Common Council Meeting of January 20, 2009. Under Section 24-12 of the City Charter, a two-thirds vote is required to excuse a Councilmember from attendance at a regularly scheduled meeting. The excuses were filed for the meeting, but no action on them could be considered due to a total of five members in attendance. ADOPTED. NO. 74 BY: MR. FONTANA LANDMARK STATUS NULLIFICATION FOR 76 SOLDIER'S PLACE ("HEATH HOUSE") WHEREAS, On September 2, 2008, the Preservation Board of the City of Buffalo forwarded four applications for historic landmark designation to the Common Council for approval pursuant to §337-8 of the City Charter and Code; WHEREAS, One such application sought landmark status for the property commonly known as 76 Soldier's Place, also known as "Heath House," owned by Nancy Schmid; WHEREAS, A public hearing was held by the Committee on Legislation on September 23, 2008, pursuant to §337-10 of the City Code and said landmark designation was recommended for approval by the Legislation Committee; WHEREAS, On October 28, 2008, the Common Council of the City of Buffalo approved such landmark designation for 76 Soldier's Place ("Heath House"); WHEREAS,: Shortly after said designation, counsel for the property owner contacted the Corporation Counsel's Office and indicated that his client had never received the notice required by §337-10(B) of the City Code; WHEREAS, After investigation, the Corporation Counsel's Office has verified that said statutorily required notice was never provided to the record owner of the property, and she was therefore not on notice of the September 23, 2008 public hearing, and has recommended that this body nullify said designation to avoid unnecessary litigation concerning said status; NOW THEREFORE BE IT RESOLVED, That this Common Council hereby nullifies, voids and rescinds its October 28, 2008 historic landmark designation of 76 Soldier's Place "Heath House" and; BE IT FURTHER RESOLVED, That copies of this Resolution be forwarded to the Secretary of the City of Buffalo Preservation Board, the City Clerk, the Director of the Division of Planning, the Commissioner of the Department of Public Works, the Office of the Erie County Clerk and the Corporation Counsel's Office, so that the previously recorded designation may be voided pursuant to §337- 13 of the City Code. PASSED AYES – FONTANA, GOLOMBEK, KEARNS, LOCURTO, RIVERA, RUSSELL, SMITH - 7 NOES – FRANCZYK - 1 NO. 75 BY: MR. FONTANA EXCUSE COUNCIL MEMBER DAVIS FROM COMMON COUNCIL MEETING TUESDAY, FEBRUARY 3, 2009 Whereas: Council Member Brian C. Davis respectfully requests permission to be excused from Common Council Session on Tuesday, February 3, 2009. Now therefore be it resolved that: The Common Council of the City of Buffalo does hereby grant Ellicott District Councilmember Brian C. Davis request for permission to be excused from the Common Council Meeting m Tuesday, February 3, 2009. ADOPTED NO. 76 BY: MR. GOLOMBEK DISCHARGE LEGISLATION COMMITTEE "LODGING HOUSE LICENSE 557 POTOMAC AVE (NORTH) (RE-SUBMITTED)" (NO 59, C.C.P. OCTOBER 28, 2008) Whereas: The above item is currently in the Legislation Committee; and It is no longer necessary for this item to be considered by that committee; Now, Therefore Be It Resolved: That this Common Council does hereby discharge the Legislati0)t Committee from further consideration of Lodging House License 557 Potomac Ave (North) (Re-submitted)" (No 59, C.C.P. October 28, 2008) and said item is now before the Common Council for its consideration. PASSED AYES - 8 NOES – 0 NO. 77 BY: MR. GOLOMBEK EXPANSION OF THE BUFFALO LIGHT RAIL SYSTEM Whereas In the 1970's, the City of Buffalo and the Niagara Frontier Transportation Authority planned and created a light-rail system as a form of public transportation for the citizens of Western New York; and, Whereas The system was planned to have a Buffalo line, along with extensions to the Buffalo Airport, Niagara Falls, Tonawanda and the University at Buffalo North Campus in Amherst, NY; and, Whereas In the mid-1980's, when the system was considered completed, only the six mile Buffalo line had been built; and, Whereas The University at Buffalo, with their UB 2020 Plan, has called for an extension of the light-rail to the UB North Campus in Amherst. This plan calls for a Downtown, South and North Campus with the light-rail connecting all of them; and, Whereas In an effort to revive the United States economy, President Barack Obama has called for a federal stimulus package. The President has called for some of this stimulus money to be used towards building and improving public transportation; and, Whereas The board of the Niagara Frontier Transportation Authority, is an entity that can apply for stimulus funding for public transportation projects in the Western New York area; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo calls upon the Niagara Frontier Transportation Authority to submit a request to the United States government, for federal stimulus funding, to complete the extension of the light-rail to the Buffalo Niagara International Airport, Niagara Falls, Tonawanda and University at Buffalo North Campus; and, Be It Further Resolved: That the City Clerk forward certified copies of this resolution to United States Senators Charles Schumer and Kirsten Gillibrand, Congressman Brian Higgins, Governor David A. Paterson and all members of the Niagara Frontier Transportation Authority. ADOPTED NO. 78 BY: MR. GOLOMBEK, REMOVAL OF 190 FROM WATERFRONT Whereas In the late 1950s Interstate 190 was completed along the Niagara River, effectively cutting off Black Rock from the Black Rock Channel and Riverside from the Niagara River; and Whereas Without question this unfortunate action has hastened a decline in property values as middle class families desiring to live in a neighborhood with waterfront access must move north or south of the City of Buffalo; and Whereas A comparison of the area in and around Isle View Park in the Town of Tonawanda to the area in and around Riverside Park in the City of Buffalo, easily illustrates how much of a detriment that Interstate 190 is to neighborhoods adjacent to the waterfront in the City of Buffalo; and Whereas The resources of the federal government will be necessary to correct this great mistake. Congressmen Brian Higgins has a track record that demonstrates a will to return the waterfront to the public; and Whereas Tollbooths do not stabilize neighborhoods, vehicles travelling at fifty-five miles an hour do not stabilize neighborhoods, noise and emission pollution associated with highways do not stabilize neighborhoods. Sound governmental work in response to the concerns of property owners and residents stabilizes neighborhoods. Returning valuable waterfront access to residents stabilizes neighborhoods; Now. Therefore Be It Resolved: That the Common Council of the City of Buffalo does hereby request that the officials elected to represent the City of Buffalo at the federal level commission a study that considers removing or relocating Interstate 190 from the waterfront of the City of Buffalo; and Be It Finally Resolved: That certified copies of this resolution be sent to all county, state and federal officials elected to represent the City of Buffalo. ADOPTED NO. 79 BY: MR. KEARNS INCREASED APPROPRIATION STATE AID CAPITAL OUTLAY 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 Capital Outlay for the current fiscal year, be and the same hereby is increased in the sum of $10,000,000. The increased appropriation will be met from State Aid. That, the Comptroller be and hereby is authorized and directed to increase the revenue estimate for account: From: 10700010 - 335006 State Aid $10,000.00 To: To meet the increased appropriation as set forth below: $10,000.00 16550007 - 471010 Permits & Inspections - Land Improvements REFERRED TO THE COMMITTEE ON FINANCE. NO. 80 BY: MR. KEARNS DISCHARGE FINANCE COMMITTEE "NYSDOT-REQ PERM TO USE COB STREETS AS AIR ROUTES TO PERFORM MAINTENANCE AND REPAIRS TO BRIDGES-I 90" (NO 96, C.C.P. DECEMBER 23, 2008) The above item is currently in the Finance Committee; and It is no longer necessary for this item to be considered by that committee; Now, Therefore Be It Resolved: That this Common Council does hereby discharge the Finance Committee from further consideration of Item #96, C.C.P. December 23, 2008, "NYSDOT-Req Perm to Use COB Streets as Alt Routes to Perform Maintenance and Repairs to Bridges-I 90" and said item is now before the Common Council for its consideration. ADOPT DISCHARGE PASSED AYES - 8 NOES – 0 NO. 81 BY: MR. KEARNS TRANSFER OF FUNDS COMMON COUNCIL- LEGISLATIVE 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 $14,500 be and the same is hereby transferred within the Common Council Legislative and said sum is hereby reappropriated as set forth below: From: Councilmember 3 10104001 - 411001 Annual Salary $14,500.00 To: Common Council Legislative $14,500.00 10102001 - 412002 Hourly Salary PASSED AYES - 8 NOES - 0 NO. 82 BY: MR. SMITH ACCEPTING MONTHLY REAL ESTATE TAX PAYMENTS Whereas: Tax payers normally utilize their mortgage holder to withhold so much money from each payment for real estate taxes in an escrow account; and Whereas: It would be convenient for many taxpayers to pay their own taxes on a monthly basis similar to the banking institutions; and Whereas: Individuals who pay on time would not be subjected to interest and penalties, however the City should be in the position of accepting and processing monthly payments; and Whereas: Homeowners who do not have their taxes in an escrow account have large tax payments in July and December; Now, Therefore, Be It Resolved: That this item is referred to the Corporation Counsel and the Commissioner of Assessment and Taxation for comment as to the feasibility of the City allowing monthly payments for property taxes. REFERRED TO THE COMMITTEE ON LEGISLATION, NO. 83 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 Carmen D. Clark Scott R. Malec Louis S. Ruberto Bebee J. Watts Christine J. Young Jean Billings Diane L. Kaczmarek Bruce Ty Shaw TOTAL 8 ADOPTED NO. 84 ANNOUNCEMENT OF COMMITTEE MEETINGS th The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, February 10, 2009 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, February 10, 2009 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, February 10, 2009 at 1:00 o'clock P.M. Committee on Legislation Tuesday, February 10, 2009 at 2:00 o'clock P.M. Special Committees Special Committee on Parks Oversight Wednesday, February 11, 2009 at 10:00 AM (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. 85 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mr. Rivera the Council adjourned at 2:50 pm GERALD CHWALINSKI CITY CLERK