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Home My WebLink About06-0404No.7 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO AP RI L 4 2006 SPECIAL SESSIONS MARCH 27, 2006 MARCH 28, 2006 MAYOR Hon. Byron W. Brown COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL FILLMORE DISTRICT David A. Franczyk PRESIDENT PRO TEMPORE UNIVERSITY DISTRICT Bonnie E. Russell MAJORITY LEADER NIAGARA DISTRICT DOMINIC J. BONIFACIO JR DISTRICT COUNCIL MEMBERS BRIAN C. DAVIS - ELLICOTT RICHARD A. FONTANA - LOVEJOY ANTOINE M. THOMPSON - MASTEN MICHAEL J. LO CURTO - DELAWARE JOSEPH GOLOMBEKJR. - NORTH MICHAEL P. KEARNS - SOUTH REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Brian C. Davis, Richard A. Fontana, Michael J. LoCurto - Members CLAIMS COMMITTEE: Michael Kearns Chairman, Dominic J. Bonifacio Jr., Richard A. Fontana, Joseph Golombek,Jr.,- Members COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr. Chairman, Richard A. Fontana, Michael J. LoCurto, Bonnie E. Russell, Antoine M. Thompson - Members FINANCE COMMITTEE: Brian C. Davis, Chairman, Dominic J. Bonifacio, Jr., Michael Kearns, Michael J. LoCurto, Bonnie E. Russell - Members. LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Dominic J. Bonifacio Jr., Joseph J. Golomberk Jr., Michael P. Kearns, Bonnie E. Russell - Members RULES COMMITTEE: David A. Franczyk, Chairman, Dominic J. Bonifacio Jr., Bonnie E. Russell - Members BUDGET COMMITTEE: Dominic J. Bonifacio, Jr., Chairman, Brian C. Davis, Richard A Fontana, Joseph Golombek, Jr. Bonnie E. Russell - Members MINORITY BUSINESS ENTERPRISE COMMITTEE - Antoine M. Thompson, Chairman Brian C. Davis, Richard A. Fontana, Bonnie E. Russell Members EDUCATION COMMITTEE ;Antoine M. Thompson, Chairman, Michael P. Kearns, Bonnie E. Russell Members WATERFRONT DEVELOPMENT COMMITTEE — Michael P. Kearns, Chairman, Brian C. Davis, Richard A. Fontana, Joseph J. Golombek, Jr. - Members CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, APRIL 4, 2006 AT 2:00 P.M. PRESENT — David A. Franczyk, President of the Council, and Council Members Bonifacio, Fontana, Golombek, Kearns, LoCurto, Russell and Thompson — 8. ABSENT — Davis -1 On a motion by Mr. Bonifacio seconded by Mr.Fontana, the minutes of the stated meeting held on March, 7 2006 were approved. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE BOARD OF PARKING NO. 1 BUFFALO CIVIC AUTO RAMPS INC. MANAGEMENT AGREEMENT At its regular monthly meeting of March 29, 2006 the Board of Parking accepted and approved the attached response prepared by BCAR Inc to the questions forwarded by the Common Council Finance Committee. REFERRED TO THE COMMITTEE ON FINANCE. NO. 2 CITY OF BUFFALO BOARD INFORMATION RES. #99 CCP MARCH 7, 2006 At the regular month Board of Parking meeting held March 29, 2006, the Board unanimously approved the above stated item and agreed to provide agenda's and minutes to the Chief of Staff of the Common Council. RECEIVED AND FILED NO. 3 COMFORT SUITE PARKING MODIFICATION AUGSPURGER PARKING RAMP The Board of Parking at its regular monthly meeting of March 29, 2006 unanimously approved the attached resolution. RESOLUTION OF PARKING BOARD Request from Comfort Suites for Update, Clarification and Long Term Extension of Agreement Regarding Hotel Parking Arrangements at the Augspurger Parking Ramp WHEREAS, Comfort Suites (the "Hotel ") has made a request to extend and otherwise modify that certain 1992 Long Term Parking Agreement (the "LTPA "), WHEREAS, the Hotel's request was submitted through the City of Buffalo Law Department to the City of Buffalo Common Council on December 8, 2005, WHEREAS, the Common Council thereafter referred the Hotel's request to the Common Council Finance Committee and to the Parking Board for review and recommendations, WHEREAS, the Parking Board through a subcommittee of the Parking Board has met with representatives of the Hotel and has reviewed the history and evolution of the LTPA and the subject parking arrangements and is now prepared to issue the Parking Board's recommendations to the Common Council with respect to the Hotel's request. Now, therefore, be it resolved that the Parking Board hereby makes the following recommendation to the Common Council with regard to the Hotel's request. The extension of the parking arrangements should be based upon and also include the following conditions: The Hotel should be required to pay a minimum of $55,000.00 per year to the City of Buffalo starting in the year 2006 without any right for the Hotel to offset any portion of the yearly payment obligation, Upon execution of this agreement and satisfaction of the terms outlined in section E, the term of the agreement will be ten (10) years with two five (5) year extension. Beginning with the execution of the agreement the payment will increase by the amount of $2000 per year for each and every year throughout the term agreement. Only registered guests of the Hotel shall be permitted to utilize the subject parking spaces. No employees or management of the Hotel (or Hotel related businesses such as the TGIF Restaurant) shall be entitled to use the parking spaces, The extension of the parking arrangements is not assignable by the current owner of the Hotel if the Hotel is sold or otherwise placed under new management /ownership. A change in ownership or management of the Hotel shall result in the automatic expiration and termination of the extension of the parking arrangements, The parking arrangements extension agreement shall not be executed by the City of Buffalo until the 1994 $2,200,000.00 loan from Buffalo Economic Renaissance Corporation (formerly known as The Buffalo Enterprise Development Corporation) to Market Arcade Restaurant Development Corporation has either been brought current or a work -out arrangement satisfactory to the Commissioner of Permits, Inspections and Economic Development has been made. REFERRED TO THE COMMITTEE ON FINANCE. NO. 4 REPAIR & PREVENTIVE MAINTENANCE AT THE CHARLES R. TURNER, MOHAWK & HSBC PARKING RAMP The City of Buffalo Board of Parking advertised for bidders for the repair and preventive maintenance of the Charles R. Turner, Mohawk & HSBC parking ramp on March 5, 2006. A public bid opening was held on March 28, 2006 at 11:00 a.m. in the offices of the Board of Parking, 1801 City Hall. The results are as follows: Crane -Hogan Structural Systems, Inc 3001 Brockport Road Spencerport, NY 14559 $1,457,730.00 Base Bid 209,000.00 Alt #1 Elevator Replacement at Charles R. Turner 42,900.00 Alt #2 Waterproof- Coating Exterior of Charles R.Turner 4880.50 Alt #3 Night Work - Charles R. Turner 3563.00 Alt #5 Night Work - HSBC $1,718,073.50 Total Bid National Restoration Systems Inc. 75 Forbes Blvd Mansfield, MA 02048 Base Bid $ 2,172,000 Alt #1 Elevator Replacement at Charles R. Turner 240,000 Alt #2 Waterproofing - Coating Exterior of Charles R. Turner 180,000 Alt #5 Night Work — HSBC 46,600 Total Bid $ 2,724,400 The Board of Parking at its regular monthly meeting of March 29, 2006 voted unanimously to recommend to your Honorable Body the bid of Crane -Hogan Structural Systems Inc. be accepted in the amount of $1,718,073.50 Furthermore, that the Board of Parking be authorized to enter into a contract with Crane -Hogan Structural Systems Inc. as follows: Repair & Preventive Maintenance of the Charles R. Turner, Mohawk & HSBC Parking Ramp. $1,457,730.00 Base Bid 209,000.00 Alt # 1 - Elevator Replacement - Charles R. Turner Ramp 42,900.00 Alt #2 - Waterproofing Coating - Exterior - Charles R. Turner Ramp 4,880.50 Alt #3 - Night Work - Charles R. Turner Ramp 3,563.00 Alt #5 - Night Work - HSBC $ 1,718,073.50 Total of Bids Received The Engineer estimate for repairs was $1,810,000. Funds are available in Enterprise Fund Parking 1820 Capital Reserves - Capital Outlay account No. 470010 BCAR Capital Expenditures Mr. Bonifacio moved: That the above communication from the Board of Parking dated March 29, 2006, be received and filed; and That the Chairman of the Board of Parking, be, and he hereby is authorized to award a contract for the Charles R. Turner, Mohawk & HSBC Parking Ramps, Repair & Preventive Maintenance, to Crane -Hogan Structural Systems, Inc., the lowest responsible bidder, in the amount of $1,718,073.50. Funds for the project are available in Enterprise Fund Parking 1820 Capital Reserves - Capital Outlay account No. 470010 BCAR Capital Expenditures. PASSED AYES —8 NOES - 0 FROM THE OFFICE OF STRATEGIC PLANNING NO. 6 BNRC AUDITED FINANCIAL STATEMENTS Your Honorable Body has requested information regarding the status of audits for the Buffalo Neighborhood Revitalization Corporation for the period 6/30/03, 6/30/04 and 6/30/05. Please be advised that BNRC is under audit for the period ending 6/30/03. As of October 2003 all employees were eliminated from the payroll of BNRC and BNRC's loan collection activities were folded into the Buffalo Urban Renewal Agency per HUD's direction. Due to this lack of activity in years 2004 and 2005 it is not anticipated that an audit for these time periods will be required. Upon completion of the audit, a copy will be forwarded to your Honorable Body. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 6 ENVIRONMENTAL PROJECTS CONFERENCE (ITEM NO.62 , C.C.P. MARCH 21, 2006) Your Honorable Body has requested information regarding the New York State Funding Opportunities available to support environmental projects and advised the departments of an upcoming state sponsored conference. Please be advised that City officials are keeping current on the programs that will be the subject of the conference. However, in order to keep up to date, staff from OSP will attend the session in Lancaster. The City is currently working on two Brownfield Opportunity (BOA) Grant applications for the next round of funding. The BOA grants will focus on the area immediately north of the Buffalo River as well as the Tonawanda Corridor. Both areas have been heavily impacted by the significant number of brownfields in each project area. Funding through this program will assist the City in creating a master plan for these areas; a plan created through significant citizen participation. Designation by the State as a Brownfield Opportunity Area will also give the project area priority for future funding opportunities at both the State and Federal level. Last year the City applied for and received approval of $600,000 to undertake planning activities for 1800 acres of property from the City line to the Buffalo River. This BOA grant awarded to the City of Buffalo was the largest grant awarded by New York State. RECEIVED AND FILED FROM THE COMPTROLLER NO. 7 AUDIT OF BOARD OF EDUCATION JULY 1, 2003- DECEMBER 31, 2005 BOE: RESPONSES AUDIT FOLLOW -UP TO RESPONSE BOE ADDITIONAL INFORMATION MARCH 21, 2006, ITEM #15 The following sets of documents are included: The Audit of Board of Education for the period July 1, 2003- December 31, 2005 Summary Council Item is included along with the Board of Education Responses to the Audit Findings is the first attachment. These were filed together on the official Council Proceedings on the March 21, 2006, as Item #15 under the Comptroller's submissions, It was referred to Finance Subsequently, the Comptroller issued an Audit Follow -up to the Board of Education Replies. "The Comptroller's Department issued a report based on the fmdings uncovered in our audit. Two specific findings are unresolved." This should appear on the Council's April 7 Agenda. The new document is from the Board, and is a "letter in response to the remarks included in the Summary section of the City of Buffalo Audit Report Follow -upJL. In addition it is noted that: These will be filed with the Annual Audit Report to the State Comptroller's Office in Albany, as well as to the State Education Department in Albany. This is pursuant the State Finance Law Reporting, Section 34 -A. These will all be included in the audits on the Comptroller's Web REFERRED TO THE SPECIAL COMMITTEE ON BUDGET, BOARD OF EDUCATION. NO. 8 BUFFALO MUNICIPAL WATER FINANCE AUTHORITY BASIC FINANCIAL STATEMENTS AND REQUIRED SUPPLEMENTARY INFORMATION AS OF AND FOR THE YEARS ENDED JUNE 30, 2005 AND 2004 This is to advise that copies of the Audited Financial Statements and Other Financial Information of the Buffalo Water Finance Authority for the years ended June 30, 2004 and 2005 with Report of Independent Auditors, Deloitte & Touche, LLP, have been distributed to members of the Buffalo Water Board, the Buffalo Fiscal Stability Authority, the City Clerk, the Mayor, the Comptroller, the Division of Accounting and the Budget Office. This report is available as a public record for inspection by all interested parties. Pursuant to Section 35 of the General Municipal Law, the Common Council of the City of Buffalo may, at its discretion, prepare a written response to the report of external audit and file such response with the City Clerk as a public record for inspection by all interested persons. REFERRED TO THE COMMITTEE ON FINANCE NO. 9 COMPTROLLER BUFFALO WATER BOARD BASIC FINANCIAL STATEMENTS AND REQUIRED SUPPLEMENTARY INFORMATION AS OF AND FOR THE YEARS ENDED JUNE 30, 2005 AND 2004 This is to advise that copies of the Audited Financial Statements and Other Financial Information of the Buffalo Water Board for the years ended June 30, 2004 and 2005 with Report of Independent Auditors, Deloitte & Touche, LLP, have been distributed to members of the Buffalo Water Board, the Buffalo Fiscal Stability Authority, the City Clerk, the Mayor, the Comptroller, the Division of Accounting and the Budget Office. This report is available as a public record for inspection by all interested parties. Pursuant to Section 35 of the General Municipal Law, the Common Council of the City of Buffalo may, at its discretion, prepare a written response to the report of external audit and file such response with the City Clerk as a public record for inspection by all interested persons. REFERRED TO THE COMMITTEE ON FINANCE NO. 10 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS 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 $623,900 be transferred and reappropriated from General City Charges to various accounts, as set forth below: 17301001-411002 Duty Disability $263,900 17422008 - 487300 Muni Bond Bank $160,010 17422008 - 487293 Capital Lease Payments $199,990 $ 623,990 10314005 - 466000 Real Estate - Building Supplies $ 3,900 11412006 - 480000 PVB Other Services $ 45,000 10546006 432003 - Law- Legal Services $200,000 17221008 480205 Prior Year Claims $375,000 $623,900 RECEIVED AND FILED NO. 11 MOVING EXPENSE POLICY My office, in order to provide consistent and reasonable standards for city job candidates, has developed a moving expense policy that will be the standard going forward. I am filing a copy of the policy to the legislative and executive branches of city government for their information. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 12 REQUIRE INDIVIDUALS OR ENTITIES LOCATED OUTSIDE THE STATE OF NEW YORK WHO PURCHASE CITY -OWNED PROPERTIES TO SECURE BOND WITH CITY OF BUFFALO RES #130 CCP MARCH 21, 2006 The Comptroller's Office has reviewed the above - mentioned resolution. If the Law Department determines that the City of Buffalo can require individuals to secure a bond when purchasing properties from the City, our office will work with the administration to establish procedures on holding the bonds, determining when the bonds can be surrendered, and transferring the bond proceeds to the appropriate accounts. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE PRESIDENT OF THE COUNCIL NO. 13 UPDATED COMMITTEE ASSIGNMENTS Please be advised that the following Common Council committee assignment adjustments will take place immediately: Council Member Michael LoCurto will replace Council Member Bonifacio on the Community Development Committee; Council Member LoCurto will replace Council Member Kearns on the Civil Service Committee; Council Member LoCurto will also be assigned to the Finance Committee; Council Member Michael Kearns Hill fill the vacancy on the Legislation Committee; Council Member Richard Fontana will fill the vacancy on the Budget Committee; and, Council Member Brian C. Davis will fill the vacancy on the Waterfront Development Committee. Mr. Bonifacio moved: That the above communication from Council President David A. Franczyk dated March 30, 2006, be received and filed; and That the Updated Committee Assignments for the Common Council be, and hereby is adopted. ADOPTED FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 14 REQUIRE INDIVIDUALS OR ENTITIES LOCATED OUTSIDE NEW YORK STATE WHO PURCHASE CITY -OWNED PROPERTIES TO SECURE A BOND WITH THE CITY OF BUFFALO CCP: MARCH 21, 2006 ITEM NO. 130 This is in response to the Resolution sponsored by Niagara District Councilmember Dominic J. Bonifacio, Jr. to "Require Individuals or Entities Located Outside of the State of New York Who Purchase City -Owned Properties to Secure a Bond with the City of Buffalo." The Department of Assessment and Taxation does not object to any safeguards providing they are not contrary to the Real Property Tax Law and would not be discriminatory or in violation of the Real Property Tax Law. The New York State Real Property Tax Law governs and establishes the specifics of the foreclosure process. It should be noted that the Real Property Tax law mandates that any sale of foreclosed properties shall be at public auction and all procedures instituted must be applied equally to all purchasers and bidders. To implement this procedure may require changes in State laws governing foreclosures. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 16 NOTIFICATION SERIAL # 10049 PERMISSIVE PARKING - REPEAL ON ELMWOOD AVENUE, EAST AND WEST SIDES BETWEEN VIRGINA STREET AND BRYANT STREET NIAGARA DISTRICT PERMISSIVE PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days alter the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following PERMISSIVE PARKING PERMISSIVE PARKING LOCATION PERIOD OF PERMISSIVE PARKING -DAILY Elmwood Avenue, east and west sides 2 hour parking 7A.M. to 7P.M. Except Sunday between Virgina Street and Bryant Street (excluding existing No Parking and No Standing zones) This action is being taken to clarify zones and rates for metered parking. NOTIFICATION SERIAL #10050 PERMISSIVE PARKING - REPEAL ON ELMWOOD AVENUE EAST AND WEST SIDES BETWEEN BRYANT STREET AND LEXINGTON AVENUE NIAGARA DISTRICT PERMISSIVE PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days atter the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PERMISSIVE PARKING PERMISSIVE PARKING LOCATION PERIOD OF PERMISSIVE PARKING - DALLY Elmwood Avenue, east and west sides between 2 hour parking 7A.M. to 7P.M. Bryant Street and Lexington Avenue Except Sunday (excluding existing No Parking and No Standing zones) This action is being taken to clarify zones and rates for metered parking. NOTIFICATION SERIAL # 10051 PERMISSIVE PARKING - REPEAL ON ELMWOOD AVENUE, EAST AND WEST SIDES BETWEEN LEXINGTON AVENUE AND WEST FERRY STREET ELLICOTT /NIAGARA DISTRICT PERMISSIVE PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PERMISSIVE PARKING PERMISSIVE PARKING LOCATION PERIOD OF PERMISSIVE PARKING - DAILY Elmwood Avenue, east and west sides 2 hour parking between Lexington Avenue and West.Ferry Street 7A.M. to 7P.M. (excluding existing No Parking and No Standing zones) Except Sunday This action is being taken to clarify zones and rates for metered parking. NOTIFICATION SERIAL # 10053 INSTALL PERMISSIVE PARKING ON ELMWOOD AVENUE, EAST AND WEST SIDES BETWEEN VIRGINIA STREET AND ALLEN STREET ELLICOTT DISTRICT PERMISSIVE PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: PERMISSIVE PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD - DAILY Elmwood Avenue, east and west sides 2 hour parking between Virginia Street and Allen Street 8A.M. to 5P.M (excluding existing No Parking and No Standing zones) Except Sunday This action is being taken to clarify zones and rates for metered parking. NOTIFICATION SERIAL # 10054 INSTALL METERED PARKING ON ELMWOOD AVENUE, EAST AND WEST SIDES BETWEEN ALLEN STREET AND SUMMER STREET (EXCLUDING EXISTING NO PARKING AND NO STANDING AREAS) ELLICOTT /NIAGARA DISTRICT PERMISSIVE PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 29 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: METERED PARKING Metered Parking Locations Period of Metered Parking Rate of Metered Parking Elmwood, east and west side 2 Hour Parking Rate B between Allen Street and 8 am to 5 pm $.50 per hour Summer Street (excluding existing Monday — Saturday 2 hour maximim No Parking and No Standing areas) This action is being taken to clarify zones and rates for metered parking. NOTIFICATION SERIAL #10066 INSTALL PERMISSIVE PARKING ON ELMWOOD AVENUE, EAST SIDE BETWEEN SUMMER STREET AND TO A POINT 360 FEET SOUTH OF BRYANT STREET NIAGARA DISTRICT PERMISSIVE PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: PERMISSIVE PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD - DAILY Elmwood Avenue, east side 2 hour parking between Summer Street 8A.M. to 5P.M and to a point 350 feet south of Bryant Street Except Sunday (excluding existing No Parking and No Standing zones) This action is being taken to clarify zones and rates for metered parking. NOTIFICATION SERIAL #10066 INSTALL PERMISSIVE PARKING ON ELMWOOD AVENUE, WEST SIDE BETWEEN SUMMER STREET AND TO A POINT 276 FEET SOUTH OF BRYANT STREET NIAGARA DISTRICT PERMISSIVE PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: PERMISSIVE PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD - DALLY Elmwood Avenue, west side 2 hour parking between Summer Street 8 A.M. to 5 P.M and to a point 275 feet south of Bryant Street Except Sunday (excluding existing No Parking and No Standing zones) This action is being taken to clarify zones and rates for metered parking. NOTIFICATION SERIAL #10067 INSTALL METERED PARKING ON ELMWOOD AVENUE, EAST SIDE BETWEEN A POINT 360 FEET SOUTH OF BRYANT STREET AND LEXINGTON AVENUE (EXCLUDING EXISTING NO PARKING AND NO STANDING AREAS) NIAGARA DISTRICT PERMISSIVE PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: PERMISSIVE PARKING Metered Parking Locations Period of Metered Parking Rate of Metered Parking Elmwood Avenue, east side 2 Hour Parking Rate B between a point 350 feet south8 am to 5 pm $.50 per hour of Bryant Street and Lexington Monday — Saturday 2 hour maximum Avenue(excluding existing No Parking and No Standing areas) This action is being taken to clarify zones and rates for metered parking. NOTIFICATION SERIAL #10058 INSTALL PERMISSIVE PARKING ON ELMWOOD AVENUE, WEST SIDE BETWEEN A POINT 275 FEET SOUTH OF BRYANT STREET AND LEXINGTON AVENUE (EXCLUDING EXISTING NO PARKING AND NO STANDING AREAS) NIAGARA DISTRICT PERMISSIVE PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: PERMISSIVE PARKING Metered Parking Locations Period of Metered Parking Rate of Metered Parking Elmwood Avenue, west side 2 Hour Parking Rate B between a point 275 feet south8 am to 5 pm $.50 per hour of Bryant Street and Lexington Avenue Monday — Saturday 2 hour maximum (excluding existing No Parking and No Standing areas)) This action is being taken to clarify zones and rates for metered parking. NOTIFICATION SERIAL #10059 INSTALL PERMISSIVE PARKING ON ELMWOOD AVENUE, EAST AND WEST SIDES BETWEEN LEXINGTON AVENUE AND WEST FERRY STREET DELAWARE /NIAGARA DISTRICT PERMISSIVE PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: PERMISSIVE PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD - DALLY Elmwood Avenue, east and west sides between 2 hour parking Lexington Avenue and West Ferry Street 8 A.M. to 5 P.M Except Sunday (excluding existing No Parking and No Standing zones) This action is being taken to clarify zones and rates for metered parking. NOTIFICATION SERIAL# 10060 INSTALL METERED PARKING ON ELMWOOD AVENUE, EAST AND WEST SIDES BETWEEN WEST FERRY STREET AND LANCASTER AVENUE (EXCLUDING EXISTING NO PARKING AND NO STANDING AREAS) DELAWARE DISTRICT PERMISSIVE PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 29 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: METERED PARKING Metered Parking Locations Period of Metered Parking Rate of Metered Parking Elmwood Avenue -, east and 2 Hour Parking Rate B west sides between West 8 am to 5 pm $.50 per hour Ferry Street and Lancaster Avenue Monday — Saturday 2 hour maximum (excluding existing No Parking and No Standing areas) This action is being taken to clarify zones and rates for metered parking. NOTIFICATION SERIAL #10061 INSTALL PERMISSIVE PARKING ON ELMWOOD AVENUE, EAST AND WEST BETWEEN LANCASTER AVENUE AND WEST DELAVAN AVENUE DELAWARE /NORTH DISTRICT PERMISSIVE PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: PERMISSIVE PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD - DAILY Elmwood Avenue , east and west sides 2 hour parking between Lancaster Avenue and West 8A.M. to 5P.M Delavan Avenue Except Sunday (excluding existing No Parking and No Standing zones) This action is being taken to clarify zones and rates for metered parking. NOTIFICATION SERIAL # 10062 INSTALL METERED PARKING ON ELMWOOD AVENUE, EAST AND WEST SIDES BETWEEN WEST DELAVAN AVENUE AND FOREST AVENUE (EXCLUDING EXISTING NO PARKING AND NO STANDING AREAS) NORTH DISTRICT PERMISSIVE PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 29 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: METERED PARKING Metered Parking Locations Period of Metered Parking Rate of Metered Parking Elmwood Avenue, east and 2 Hour Parking west sides between West 8 am to 5 pm Delavan Avenue and Forest Avenue Monday - Saturday (excluding existing No Parking and No Standing areas) This action is being taken to clarify zones and rates for metered parking. NOTIFICATION SERIAL #10063 PERMISSIVE PARKING - REPEAL ON BRYANT STREET NORTH SIDE BETWEEN ELMWOOD AVENUE AND ASHLAND AVENUE NIAGARA DISTRICT PERMISSIVE PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PERMISSIVE PARKING PERMISSIVE PARKING LOCATION PERIOD OF PERMISSIVE PARKING - DAILY Bryant Street north side between 2 hour parking Elmwood Avenue and Ashland Avenue 7A.M. to 7P.M. Except Sunday (excluding existing No Parking and No Standing zones) This action is being taken to clarify zones and rates for metered parking.. NOTIFICATION SERIAL # 10064 INSTALL METERED PARKING ON BRYANT STREET, NORTH SIDE BETWEEN ELMWOOD AVENUE AND ASHLAND AVENUE (EXCLUDING EXISTING NO PARKING AND NO STANDING AREAS) NIAGARA DISTRICT PERMISSIVE PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 29 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: METERED PARKING Metered Parking Locations Period of Metered Parking Rate of Metered Parking Bryant Street, north side 2 Hour Parking Rate B between Elmwood Avenue 8 am to 5 pm $.50 per hour and Ashland Avenue Monday — Saturday 2 hour maximum (excluding existing No Parking and No Standing areas) This action is being taken to clarify zones and rates for metered parking. NOTIFICATION SERIAL #10065 PERMISSIVE PARKING - REPEAL ON TONAWANDA STREET EAST & WEST SIDES BETWEEN HUNT AVENUE AND CROWLEY AVENUE NORTH DISTRICT PERMISSIVE PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision25 Section 15 of Chapter479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PERMISSIVE PARKING PERMISSIVE PARKING LOCATION PERIOD OF PERMISSIVE PARKING - DAILY Tonawanda Street east & west sides 2 hour parking between Hunt Avenue and Crowley Avenue7A.M. to7P.M. (excluding existing No Parking Except Sunday and No Standing zones) This action is being taken to clarify zones and rates for metered parking.. DEPARTMENT: Public Works, Parks, and Streets NOTIFICATION SERIAL# 10066 INSTALL METERED PARKING ON TONAWANDA STREET, EAST AND WEST SIDES BETWEEN HUNT AVENUE AND CROWLEY AVENUE (EXCLUDING EXISTING NO PARKING AND NO STANDING AREAS) NORTH DISTRICT PERMISSIVE PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 29 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: METERED PARKING Metered Parking Locations Period of Metered Parking Rate of Metered Parking Tonawanda Street, east and 2 Hour Parking Rate B west sides between Hunt 8am to 5pm $.50 per hour Avenue and Crowley Avenue Monday — Saturday 2. Hour maximum (excluding existing No Parking and No Standing areas) This action is being taken to clarify zones and rates for metered parking. NO. 16 AMEND LEASE AGREEMENT - 406 PRATT ST. ITEM NO. 9, C.C.P. 03/21/06 The referenced Item was sent to this department for comment. This department does not have any objections to the changes in the Lease being proposed by the Office of Strategic Planning. We do, however, suggest that the Item be referred to the Commissioner of Administration and Finance to determine the impact of the cost of utilities on the City's budget. REFERRED TO THE COMMITTEE ON FINANCE NO. 17 294 FRANKLIN STREET; AWNING WITHIN CITY RIGHT OF WAY ( ELLICOTT DISTRICT) Mr. Mark Croce, owner of the Buckin' Buffalo Saloon, located at 294 Franklin Street, has requested permission to install a wooden canopy, which would encroach City right of way at said address. The proposed canopy would measure 50 feet in length and project approximately 5 feet from the building face into City right of way. The Department of Public Works, Parks and Streets has reviewed this application pursuant to Chapter 413 -56 (awnings, canopies and marquees) of the City Charter and has no objection to Your Honorable Body authorizing the Commissioner of Public Works, Parks and Streets to issue a "Mere License" for said installation provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the canopy be installed exactly as shown on plans submitted to and approved by the Department of Inspection and Permit Services. That the applicant be responsible for maintenance of said canopy as long as it remains within City right of way. That the applicant supply the City of Buffalo with a five thousand dollar construction in street bond or certificate of insurance, which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use or removal of said canopy. Mr. Bonifacio moved: That the above communication from the Department of Public Works, Parks and Streets dated March 2, 2006 be received and filed; and That the Commissioner of Public Works, Parks and Street be, and he hereby is authorized to issue a "mere license" to Buckin' Buffalo Saloon, located at 294 Franklin Street, to install a 50 foot in length and project approximately 5 feet from the building face which would encroach city right -of -way at said address, subject to the conditions as listed above. PASSED AYES — 8 NOES - 0 NO. 18 REPORT OF BIDS ERIE CANAL HARBOR STREETS PHASE I - COMMERCIAL STREET PIN #5755.04 ELLICOTT DISTRICT This is to advise Your Honorable Body that I have advertised for and received public bids on March 29, 2006 for construction of Erie Canal Harbor Streets -Phase I. This project involves construction of historic Commercial Street between Marine Dr., and the Buffalo River with recycled cobblestone pavement, stone sidewalks, granite curbs, new drainage systems, street lighting, traffic signs and landscaping. The following bids were received: North America Construction, Inc. $ 752,347.80' Man O'Trees $ 791,300.00 Surianello $ 821,822.87 Donald J. Braasch $ 876,883.00 Pinto Construction $ 918,174.15 Accadia Site Construction $ 943,256.12 Nichols, Long & Moore $ 996,838.50 Sicar, Inc. $1,027,767.70 'Adjusted Total Engineers estimate I hereby certify that the lowest responsible bidder is North America Construction Inc., and I respectfully recommend that Your Honorable Body authorize a contract award in the amount of $827,582.58 (Base Bid $752,347.80 + 75,234.78 - 10% Unit Bid increase = $827,582.58). This project is funded by FHWA and the city of Buffalo as part of the Local Transportation Program (T.I.P.) and the City's share of costs are 5 %. Funds for this project will be available in a future Capital Project account established specifically for this project. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 30, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Erie Canal Harbor Streets, Phase I - Commercial Street, PIN #5755.04 to North America Construction, Inc., the lowest responsible bidder, in the amount of $827,582.58 (Base Bid $752,347.80 + $75,234.78 - 10% Unit Bid increase = $827,582.58). Funds for the project are available in a future Capital Project account established specifically for this project. PASSED AYES -8 NOES - 0 NO. 19 REPORT OF BIDS RICHMOND /FERRY CIRCLE CURB REPLACEMENT - 2006 GROUP #653 A & A CONCRETE ITEM #126, C.C.P. 3/3/98 This is to advise your Honorable Body that I have advertised and received bids In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Unit Price Increase A & A Concrete $75,500.00 $83,050.00 3407 Delaware Ave. Kenmore, NY 14217 P & J Construction Co., Inc. $95,450.00 $103,000.00 79 Pleasant View Drive, Lancaster, NY 14086 Campobello Construction Co., Inc. $137,687.50 $145,237.50 3407 Delaware Ave., Suite 224, Kenmore, NY 14217 Scott Lawn Yard, Inc. $208,700.00 $216,250.00 5552 Townline Road, Lancaster, NY 14086 1 hereby certify that the lowest responsible bidder for the above project is A & A Concrete. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $83,050.00 ($75,500.00 Base Bid + 10% unit price increase $7,550.00 = Total Award $83,050.00 ). Funds for this work are in Capital Project Accounts # 30032106, #36310906 & #36310806. The engineer's estimate for this work is $ 85,000.00. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contact is not made by May 12, 2006. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated February 2, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Richmond /Ferry Circle Curb Replacement - 2006, Group #653 to A & A Concrete, the lowest responsible bidder, in the amount of $83,050.00 ($75,500.00 Base + 10% unit price increase $7,550.00 = Total Award $83,050.00). Funds for the project are available in Capital Project Accounts #30032106, #36310906 & #36310806. PASSED AYES — 8 NOES - 0 NO. 20 REPORT OF BIDS 2006 TREE TRIMMING (CITY WIDE) I advertised on February 22, 2006 and have received the following bids for the 2006 Citywide Tree Trimming contract, which were publicly opened & read on March 22, 2006. General Contractor Base Bid Unit Bid Increase Scott Lawn Yard, Inc. $389,250.00 $428,175.00' 5552 Townline Road Sanborn, NY 14132 The Davey Tree Expert Company 1500 N. Mantua Street Kent, OH 44240 'Bid was rejected due to incomplete bid documents. I hereby certify the foregoing is a true and correct statement of the bids received and that Scott Lawn Yard, Inc. of Sanborn, NY is the lowest responsible bidder in accordance with the plans and specifications; and that the contract amount is $428,175.00 ('$389,250 + 10% = $428,175). 1 request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. The Engineer's estimate for this work was $350,000 and funds for this work are available in accounts #37400206 & 38400206. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 27, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the 2006 Citywide Tree Trimming, to Scott Lawn Yard, Inc., the lowest responsible bidder, in the amount of $428,175.00 ($389,250 + 10% = $428,175. Funds for the project are available in #37400206 & 38400206. PASSED AYES - 8 NOES -0 NO. 21 CHANGE IN CONTRACT DELAVAN FILLMORE FIRE STATION CONSTRUCTION JOB #0433 MASTEN DISTRICT I hereby submit to Your Honorable Body the following changes for the Delavan Fillmore Fire Station, Construction, General Construction, Picone Construction, C #92010963. 1. Furnish and install "Sure Clean - Siloxane WB Concentrate" water repellent to exterior masonry walls from grade up to and including horizontal decorative block couse. Add $ 2,300.00 2. Furnish and install stainless steel drying racks in Room 118 Add $ 4,513.75 3. Delete grout at interior non - bearing masonry walls. Deduct $ 900.00 The foregoing change results in a net increase in the contract of Five Thousand Nine Hundred Thirteen and 75/100 Dollars ($5,913.75). Current Contract Amount $1,489,321.29 Amount of This Change Order ( #6) $ 5,913.75 Revised Contract Amount $1,495,235.04 Costs have been reviewed by the Consulting Architect (Foit Albert Associates) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 30062206 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 22, 2006, 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. 6, to Picone Construction, an increase in the amount of $5,913.75, as more fully described in the above communication, for work relating to Job No. 0433, Delavan Fillmore Fire Station, Construction, C #92010963. Funds for this project are available in 30062206 445100 - Division of Buildings. PASSED AYES - 8 NOES -0 NO. 22 CHANGE IN CONTRACT NORTH JEFFERSON LIBRARY CONSTRUCTION JOB #0324 MASTEN DISTRICT I hereby submit to Your Honorable Body the following changes for the North Jefferson Library, Construction, General Construction, Patrick Development of WNY, Inc., C #92010833. 1. Furnish and install steel decking and angles for hatch infill work. Add $ 2,210.36 The foregoing change results in a net increase in the contract of Two Thousand Two Hundred Ten and 36/100 Dollars ($2,210.36). Current Contract Amount $3,106,457.36 Amount of This Change Order ( #19) $ 2,210.36 Revised Contract Amount $3,108,667.72 Costs have been reviewed by the Consulting Architect (Robert Traynham Coles, Architect, PC) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 38321006 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 23, 2006, 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. 19, to Patrick Development of WNY, Inc., an increase in the amount of $2,210.36, as more fully described in the above communication, for work relating to Job No. 0324, North Jefferson Library, Construction, C #92010833. Funds for this project are available in 38321 006 445100 - Division of Buildings. PASSED AYES - 8 NOES -0 NO. 23 CHANGE IN CONTRACT NORTH JEFFERSON LIBRARY CONSTRUCTION JOB #0324 MASTEN DISTRICT I hereby submit to Your Honorable Body the following changes for the North Jefferson Library, Construction, General Construction, Patrick Development of WNY, Inc., C #92010833. 1. Additional concrete sidewalk work required RFI #168, #158, #148). Add $ 32,976.60 The foregoing change results in a net increase in the contract of Thirty Two Thousand Nine Hundred Seventy Six and 60/100 Dollars ($32,976.60). Current Contract Amount $3,108,667.72 Amount of This Change Order ( #20) $ 32,976.60 Revised Contract Amount $3,141,644.32 Costs have been reviewed by the Consulting Architect (Robert Traynham Coles, Architect, PC) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 38321006 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 29, 2006, 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. 20, to Patrick Development of WNY, Inc., an increase in the amount of $32,976.60, as more fully described in the above communication, for work relating to Job No. 0324, North Jefferson Library, Construction, C #92010833. Funds for this project are available in 38321 006 445100 - Division of Buildings. PASSED AYES - 8 NOES -0 NO. 24 CITY OF BUFFALO BOARD INFORMATION ITEM NO. 99, C.C.P. 03/07/06 Please be advised that the Buffalo Water Board, and the Buffalo Water Finance Authority will honor the Common Council's request to send meeting notices, agendas and minutes to the Council's Chief of Staff. RECEIVED AND FILED NO. 26 LEASE REVISION - FRIENDS OF THE ELDERLY, YOUTH & FAMILY CENTER ITEM NO. 63, C.C.P. 03/21/06 The referenced Item was sent to this department for comment. This department does not have any objections to the changes in the Lease being proposed by the Friends of the Elderly, Youth & Family Center. We do, however, suggest that the Item be referred to the Commissioner of Administration and Finance to determine the impact of the cost of utilities on the City's budget. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND URBAN AFFAIRS NO. 26 PERMISSION TO RETAIN CONSULTANT CITY SPRAY GROUNDS DOH ENGINEERING REPORTS (CITY WIDE) Permission is requested from your Honorable Body to hire a consultant for design services related to City Spray Grounds, State Mandated Engineering Reports. This project is being done per the new State Sanitary Code Section 6 -3. Fees for this work are not expected to exceed $50,000 and are available in Bond Account 38400106. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 30, 2006 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire a consultant for design services related to City Spray Grounds, State Mandated Engineering Reports. Funds for this project are not to exceed $50,000 and are available in Bond Account 38400106. PASSED. AYES -8. NOES -0. NO. 27 CERTIFICATE OF APPOINTMENT Appointment Effective 3/27/06 in the Department of Public Works, Parks & Streets - Engineering, to the position of Engineering Inspector, Maximum, at the maximum starting starting salary of $41,150. Eric D. Schmarder 46 Camden Avenue Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF POLICE NO. 28 DRUG ASSET FORFEITURE WIRE TRANSFERS ITEM NO. 104, C.C.P. 2/2/88 05 -DEA- 457835 C2 -05 -0144 $ 2,016.49 05 -DEA- 457847 C2 -05 -0146 1,976.89 05 -DEA- 457849 C2 -05 -0149 10,805.89 05 -DEA- 457850 C2 -05 -0149 5,828.89 06 -DEA- 458716 C2 -06 -0012 2,924.29 06 -DEA- 459072 C2 -06 -0019 1,539.42 TOTAL $ 25,091.87 The Drug Enforcement Administration (DEA) has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000- 389001. These funds will be placed into one or more of the following accounts as deemed by the Commissioner of Police: Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624. RECEIVED AND FILED. NO. 29 PERMISSION TO PURCHASE UNMARKED VEHICLES ITEM NO.68 ,C.C.P. 9/7/04 APPROVED ITEM NO. 75, C.C.P. 11/30/04) The Buffalo Police Department hereby requests approval from your Honorable Body to purchase seven (7) used, unmarked vehicles to be utilized by our Narcotics /Vice Unit. These vehicles will encompass various years, makes and models. The purchase of these unmarked vehicles will be funded with existing Drug Asset Forfeiture Funds. These vehicles will replace seven (7) existing unmarked vehicles, which are scheduled for auction, and the replacement vehicles will be used by undercover police officers that work covert narcotics and vice operations in dealing with the criminal element within the City of Buffalo. The purchase of these vehicles is necessary because the existing undercover vehicles become "stale" and therefore require periodic replacement, and we need to provide officers with the tools necessary to carry out these types of undercover operations. Each individual vehicle will be under $10,000. We are finding it more difficult to seize vehicles because of changes in the laws governing the confiscation of property used by offenders. As a result, it is necessary to- purchase used vehicles for our undercover work. If you require additional information, please contact Inspector Joseph Strano at 851 -4879 or Lieutenant Daryl Ricigliano at 851 -5645. Thank you for your immediate attention to this matter. REFERRED TO THE COMMITTEE ON FINANCE AND COMMISSIONER OF ADMINISTRATION, FINANCE AND URBAN AFFAIRS. NO. 30 CERTIFICATE OF APPOINTMENT Appointment Effective March 17, 2006 in the Department of Police to the position of Detective, Contingent Permanent, Promotion, at the flat starting salary of $59,909. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. David M. Piech 32 Forestville Drive Williamsville, NY 14221 James W. Panus 296 Westbrook Drive Cheektowaga, NY 14225 Joseph S. Ahmed 161 Della Drive Lackawanna, NY 14218 NO. 31 CERTIFICATE OF APPOINTMENT Appointment Effective March 17, 2006 in the Department of Police to the position of Detective Sergeant, Contingent Permanent, Promotion, at the flat starting salary of $62,423. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. John McGrath Jr. 149 Villa Maria West Seneca, NY 14224 Brenda M. Callahan -Moll 70 North Pearl St. Buffalo, NY 14202 NO. 32 CERTIFICATE OF APPOINTMENT Appointment Effective February 27, 2006 in the Department of Police to the position of Report Technician, Temporary Appointment, at the Intermediate Starting Salary of $30,213. REFERRED TO THE COMMITTEE ON CIVIL SERVICE Michele Pieri 31 Marine Drive — Apt 6 Buffalo, NY 14202 FROM THE CORPORATION COUNSEL NO. 33 AMENDMENT OF ADOPTED URBAN RENEWAL PLAN (ELLICOTT URBAN RENEWAL PLAN) At the Legislation Committee meeting on March 28, 2006, Committee Chairman Richard Fontana requested that the Law Department outline the process to amend a previously adopted Urban Renewal Plan. The process to adopt an Urban Renewal Plan is well - settled and set forth in General Municipal Law Article 15. This statute does not expressly set forth a process to amend a previously adopted Urban Renewal Plan. However, adopted Urban Renewal Plans often contain language that specify the procedures for changing the plan. In this case, the Ellicott Urban Renewal Plan states "'the provisions of this Redevelopment Plan may be modified or amended or additions made thereto at any time by the City Council of the City of Buffalo provided that any such changes, amendments or additions made subsequent to the sale or lease of land in the project area by the City of Buffalo shall be concurred in by the purchasers or lessees of land abutting on the project land to be affected by such changes, amendments, or additions to this Redevelopment Plan." In view of this language and the absence of an express statutory procedure for amending a previously adopted Urban Renewal Plan, the preferable course of action (COA) is to run proposed amendments through the well - settled adoption process of General Municipal Law Article 15. The advantage to this COA is that it would ensure that amendments meet all the requirements of a complete adopted Urban Renewal Plan. Also, his process would be consistent with the practice of the City of Buffalo when we have previously amended adopted urban renewal plans. In other words, when the City has amended previously adopted urban renewal plans, it has generally treated such amendments as requiring a full blown adoption process. The General Municipal Law Article 15 process to adopt an Urban Renewal Plan entails at a minimum: • Creation of an Urban Renewal Plan by BURA • Review by the City Planning Board • Necessary Findings that the area is appropriate for urban renewal • Compliance with the State Environmental Quality Review Act Some of the steps do involve required public hearings. Please call me at 851 -4331 with any questions or concerns. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 34 50 COURT STREET PROJECT - VOTES ITEM NO. 8 & 134,C.C.P., 3/21/06 Attached please find an opinion from the Law Department regarding the above referenced subject. RECEIVED AND FILED FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 35 FOOD STORE LICENSE 473 DELAVAN EAST (MASTEN) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 473 Delavan East and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Bonifacio moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated March 20, 2006, be received and filed; and 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 Yousif Alezi, located at 473 Delavan East. PASSED. AYES -8. NOES -0. NO. 36 FOOD STORE LICENSE 468 NIAGARA (ELLICOTT) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 468 Niagara and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Bonifacio moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated March 20, 2006, be received and filed; and 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 Manuel Muana -Moxi, located at 468 Niagara Street with the conditions that there be no sales of alcoholic beverages and cigarettes allowed and that there be no loitering, hanging out and trespassing on the premises allowed. PASSED. AYES -8. NOES -0. NO. 37 FOOD STORE LICENSE 281 PARKSIDE (DELAWARE) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 281 Parkside and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Bonifacio moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated March 20, 2006, be received and filed; and 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 Daniel Shanahan, located at 281 Parkside. PASSED AYES -8. NOES -0. NO. 38 FOOD STORE LICENSE 1199 SENECA ('LOVEJOY) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1199 Seneca and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 39 FOOD STORE LICENSE 729 SYCAMORE (FILLMORE) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 729 Sycamore and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office 1 find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 40 FOOD STORE LICENSE 243 WALDEN (FILLMORE) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 243 Walden and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 41 DANCE LICENSE (RENEWAL) 248 ALLEN (ELLICOTT) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 248 Allen for which said renewal application for a Restaurant Dance Class III license is being sought and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 42 RESTAURANT DANCE LICENSE (RENEWAL) 33 FERRY EAST (ELL) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 33 Ferry East for which said renewal application for a Restaurant Dance Class III license is being sought and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Bonifacio moved: That the above communication from the Department of Economic Development, Permit and Inspections Services be, and he hereby is authorized to renew a Restaurant Dancing Class III License to Trunnis Goggins, d /b /a Wall Street, located at 33 Ferry East. PASSED. AYES -8. NOES -0. NO. 43 RESTAURANT DANCE LICENSE (RENEWAL) 1285 HERTEL (DELAWARE) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 1285 Hertel for which said renewal application for a Restaurant Dance Class III license is being sought and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Bonifacio moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated March 23, 2006, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to renew a Restaurant Dancing Class III License to Sunmer Nichols, d /b /a Gabel's, located at 1285 Hertel Avenue. PASSED. AYES -8. NOES -0. NO. 44 RESTAURANT DANCE CLASS III 946 ELMWOOD (NORTH) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Restaurant Dance Class In License located at 946 Elmwood and find that as to form is correct. I have caused an investigation into the premises for which said application for a Restaurant Dance Class III license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of David Putnam. The attached thereto for David Putnam d /b /a McGarrets. This request is submitted for your approval or whatever action you deem appropriate. Mr. Bonifacio moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated March 20, 2006, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Restaurant Dancing Class III License to David Putnam, d /b /a McGarrets, located at 946 Elmwood Avenue. PASSED. AYES -8. NOES -0. NO. 45 USED CAR DEALER 1338 WEST AVE. (NIAGARA) 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 1338 West Ave and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of John Rodriquez. The attached thereto for John Rodriquez d /b /a Jrodz Auto Sales. This request is submitted for your approval or whatever action you deem appropriate- REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 46 WHOLESALE JUNK DEALER 41 HANNAH (FILLMORE) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Wholesale Junk Dealer License located at 41 Hannah and find that as to form is correct. I have caused an investigation into the premises for which said application for a Wholesale Junk Dealer License is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws.- I have caused an investigation by the Police Department into the moral character of Michael Diamond. The attached thereto for Michael Diamond d /b /a Alliance Auto Recycling LLC. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE AND URBAN AFFAIRS NO. 47 "FREE SATURDAY PARKING AT METERS IN DOWNTOWN [: BUSINESS DISTRICT" RES #140 C.C.P. 03/21/06 This is to advise Your Honorable Body that the response for the resolution will be sent by the Department of Public Works. RECEIVED AND FILED NO. 48 OUTSTANDING ACCOUNT RECEIVABLES Please find enclosed a list of non - profit organizations that have outstanding utility payments owed to the City of Buffalo. I have obtained information from John Harmon, Director of Real Estate and Tom Tarapacki, Director of Telecommunications verifying their contractual agreements as well as outstanding balances owed to the City of Buffalo. After speaking with Mr. Tarapacki I believe all of the listed non - profit organizations are being billed appropriately and these agencies are not fulfilling their financial obligations to the City of Buffalo. I do not recommend forwarding these outstanding accounts to our outside collection agency (Mercantile) due to the sensitivity to the district Council Members and possibly the Mayor. It is my recommendation to have each non - profit organization have all utilities placed in their names making them responsible the companies direct. Should you have any questions or concerns, please feel free to contact me at your earliest convenience regarding my recommendation. REFERRED TO THE COMMITTEE ON FINANCE. ly: l6] LTilr9a =1111= i1J affil 1ESI&IIWITI4 :Nil 1119aCN11 Will NO. 49 CITY OF BUFFALO BOARD INFORMATION ITEM #99, CCP - MARCH 7, 2006 The aforementioned item was referred to the Buffalo Sewer Authority. Please be advised that Council Staff had previously contacted the Buffalo Sewer Authority. As per their direction, the February and March Board Agendas were sent to the Common Council Chief of Staff. We will continue sending our Board Agendas and in the future, the Board Minutes will also be sent. If the Buffalo Sewer Authority can be of any further assistance, please do not hesitate to notify me. RECEIVED AND FILED a:16LTAIr9:I=11115d11 WLd44NN NO. 50 MINUTES OF THE BOARD OF ETHICS Attached please find the minutes of the January 10, 2006 Board of Ethics Meetings. Copy in Clerk's Office. RECEIVED AND FILED. NO 51. HAZARDOUS CONDITIONS The City Clerk's Office has filed: Item #56 CCP March 21, 2006 -Haz. Tree -303 Willett; Item #51 -CCP March 21, 2006 - Seneca Babcock Comm. Assn. -Haz. Sideewalk -1168 Seneca St. In Our Hazardous Conditions Records and have forwarded them to the appropriate Departments for their response. RECEIVED AND FILED. NO. 52 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 161 Elmwood Avenue No Name Given Christian J. DiFiglia 1853 Clinton Street Otto Misso 391 Washington Street DAT Entertainment Inc. 445 Delaware Avenue Snooty Fox Lounge, LLC Jan Scaruto RECEIVED AND FILED. NO. 53 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Police -D. Cordone, M. Lalley, L. Valvo RECEIVED AND FILED. NO. 54 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings. Buffalo Sewer Authority- 3/15/06 RECEIVED AND FILED. NO. 55 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Bonifacio moved the approval of the appointments to the position of Council Intern. ADOPTED. Appointment Effective March 24, 2006 in the Department of Common Council, to the position of Intern VI, Seasonal, Non - Competitive, at the flat starting salary of $10.00 /hr. Margaret Sullivan 156 Harding Road Buffalo, New York 14220 NO. 56 APPOINTMENTS - MAYOR'S YOUTH OPPORTUNITY & EMPLOYMENT I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Program. RECEIVED AND FILED. Appointment Effective March 27, 2006 in the Executive Department, Division of Mayor, to the position of Intern VI, Seasonal, Non - Competitive, at the flat starting salary of $10.00 /hr. Margaret Szczepaniec 51 St. Florian Buffalo, NY 14207 NO. 57 NOTICES OF APPOINTMENTS - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in the various departments. RECEIVED AND FILED. DEPARTMENT OF PUBLIC WORKS, PARKS AND STREETS Appointment Effective March 20, 2006 in the Department of Public Works, Parks & Streets, Division of Streets, to the position of Seasonal Laborer 11, Seasonal Appointment, at the flat starting salary of $8.15/hr. Suzanne M. Schuster 7 Zittle Street Buffalo, NY 14210 NO. 58 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. DEPARTMENT OF ADMINISTRATION, FINANCE AND URBAN AFFAIRS Appointment effective March 27, 2006 in the Department of Administration, Finance and Urban Affairs, Division of Parking Enforcement, to the position of Junior Traffic Clerk, Temporary Appointment, at the minimum starting salary of $25,162. Tonya S. Stewart 69 Rother Avenue Buffalo, NY 14212 DEPARTMENT OF AUDIT & CONTROL Appontment Effective March 24, 2006 in the Department of Audit & Control, Division of Accounting, to the position of Supervising Accountant, Temporary Appointment, at the minimum starting salary of $43,723. Frank J. Faber 369 South Ogden Street Buffalo, NY 14206 DEPARTMENT OF POLICE Appointment Effective March 20, 2006 in the Department of Police, to the position of School Crossing Guard, Temporary, Non - Competitive, at the minimum starting salary of $7.09 /hr. Yvonne Annarino 8 Lakeview Ave. Buffalo, NY 14201 Bertha Day 324 Leroy Ave. Buffalo, NY 14214 Marlene Lavango 225 Hartwell Rd. Buffalo, NY 14216 Darlene Muhammad 472 Spring St. Buffalo, NY 14204 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 69 AVERY T. BATES INFO. -CITY EMPLOYMENT Please file (clock -in) this document to the Common Council. Thank you. Avery T. Bates Dear Mayor Brown: Enclosed please find a Petition of Support for Avery T. Bates, which includes the signatures of fifty -one (51) business owners, taxpayers and citizens of the City of Buffalo. The same represents business owners with whom I had direct contact with during my tenure as an employee of the City of Buffalo from July 2001 through March 2005. This letter and Petition comes to you as a result of our telephone conversation on March 20, 2006. During that conversation I asked you about possible employment within the Buffalo Municipal Housing Authority. You stated that after a recent inquiry you were informed that my dismissal in February 2005 (Masiello Administration) was as a result of unethical practices, i.e. demands for favors as a prerequisite to receive business consultation or a grant from the Buffalo Economic Renaissance Corporation. Mr. Mayor, even without the opportunity to confront my alleged accuser(s), I was prepared to let "by -gones be by- gones ". But, enough is enough. As I am sure you can relate, in the end all I have is my name and reputation. As a Business Owner, Block Club President, community activist, husband and father, I can not and will not allow for this character assassination to continue. In view of the above, I hereby formally request that a full investigation be made into these unfounded allegations, one which would include an opportunity for me to finally face my accuser(s). Petitions & Documents attached -filed in Clerk's Office RECEIVED AND FILED NO. 60 D. BONIFACIO -COB INTENSIVE LEVEL HISTORIC BLDGS.- SURVEY Please file this item for the next meeting of the Common Council on April 4, 2006. March 27, 2006 Copy in Clerk's Office RECEIVED AND FILED. NO. 61 D. BONIFACIO -B. SNYDER - SENECA BUFFALO CREEK CASINO FUNDING REQUEST FOR CONSTRUCTION OF PUBLIC RIGHT OF WAY IMPROVEMENTS AND REQUEST FOR AIR RIGHTS OVER FULTON STREET OR ABANDONMENT OF FULTON STREET TO THE SENECA NATION OF INDIANS This letter is to follow up on our discussions held at the Seneca Niagara Casino & Hotel on February 24, 2006 between Seneca Erie Gaming Corporation, Deputy Mayor Casey, Common Council members Bonifacio, Russell and Golombek, Commissioner of Public Works Joseph Giambra and both of you. The discussions began laying the foundation for building a premier gaming facility on the Buffalo Creek Territory within the City of Buffalo, which will create at least 1,000 new jobs and hundreds of good - paying union construction jobs. Furthermore, our proposed Seneca Buffalo Creek Casino will deliver millions of dollars to the City of Buffalo through the revenue share agreement, create a vehicle to help stop the flow of Buffalo gaming business to Fort Erie, Canada and help spur further economic development in the Inner Harbor area of downtown Buffalo. As we discussed during our meeting, certain traffic, roadway and infrastructure improvements need to be made in order to facilitate our approximately $125 million project and to maximize the development around the Buffalo Creek Territory. Rajat Shah outlined our specific requests and immediately after the meeting provided to each of you, via electronic mail, a hard copy of the specific improvements and associated dollar amounts. I have attached another copy of the specific funding and improvement requests as Exhibit A to this letter. Based on the reports provided by our traffic and engineering consultants, we believe these improvements to City roadways and lands are necessary for us to fully build out our $125 million project and maximize the development around the Buffalo Creek Territory. As we discussed with you, the Seneca Erie Gaming Corporation will pay for all improvements on the Buffalo Creek Territory and on Fulton Street, if the City of Buffalo abandons Fulton Street to the Seneca Nation of Indians. In addition, we have already stated to the City of Buffalo Department of Public Works that in exchange for the City funding the capital improvements on City land off the Buffalo Creek Territory, the Seneca Erie Gaming Corporation would prepare and pay for all designs for such capital improvements. As you know we have recently engaged Thalden Boyd Architects to design the Seneca Buffalo Creek Casino and we have been in intense discussions with them regarding the design of our world -class project. However, these discussions are significantly impacted by the City's decision to either fund the traffic improvements, abandon Fulton Street or provide air rights over Fulton Street. We are proceeding with our design plans and would appreciate a prompt answer so we can truly determine the type of project we build in Buffalo. As we stated at the meeting, we intend to fully work with you to build and design a project that maximizes the benefits for the City of Buffalo and its residents, and we are relying on your leadership and vision to help reinvigorate the Inner Harbor area. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS. NO. 62 M. CAPPUCCITTI- PERMIAN PROPERTIES NY, INC. REQ. ABATEMENT -36 GLENDALE I am writing today to ask for an abatement of a bill that was sent to me back in early 2004, and is a situation that has degraded into somewhat of an upsetting episode in my career rebuilding homes in Buffalo. The enclosed exhibit letters will chronicle the stages of this dispute, but in a nutshell, here is my recap of the events chonologically: • October of 2003: Purchased 36 Glendale from the City Tax Foreclosure • December 10, 2003: Wrote to inspector Richard Balesteri outlining my intentions for the homes I bought. • December 19, 2003:36 Glendale apparently boarded up by city. I received no indication this would happen and further, never received a response from Inspector Balesteri for my letter dated 10 days before the boarding up took place. Do you not think that an inspector should have responded to my letter and informed me of the immediate needs the city had for this house? • February 21, 2004: Received bill for house board -up at my address, but in the name of SHERWOOD AND STEPHANIE SMITH, the previous owners of house. Was I supposed to assume a bill in someone else's name was mine to pay? • August 10, 2004: After numerous discussions with Bruna Michaux and Jay Duderwick, drafted a letter with the same date asking for final forgiveness of this bill. Upon submission of this letter, Mr. Duderwick informed me the matter was resolved. I requested it in writing, yet never received it in writing. Did not hear another thing about it, until... • March of 2006: Received another bill, this time, in my company's name, not the names of the previous owners. Called Bruna Michaux one last time, and sent bill back with a note regarding Mr. Duderwick's non - performance. • March21,2006: response threatening a collection agency for overdue bills. Now, after all this, I'd like to simply say that after four years and more than $750,000.00 buying, repairing, re- occupying, and restarting tax payments on eleven properties in the city of Buffalo, do you not find it a little disturbing that an out -of- town landlord (who's not even an American, but Canadian) who has done nothing but good for the city is being harassed for a ridiculous bill that was unfairly dropped on him? I hope the four example pictures enclosed will get my point across regarding some of the work I've done. If, after all this, the city insists on receiving payment for this board -up, I will pay it. But please note that I will also withdraw all my interest from your city. I have successfully sold five of my properties, and will immediately put the rest up for sale and take my will and my determination to another city in the United States that embraces people like me. Perhaps you will read this and chuckle, assuming that Buffalo can survive without me, and maybe that's true. But, Buffalo best be careful about scaring away the people that actually care, and instead embracing idiots like Scott Wising who leave nothing but destruction and homelessness in their path. You scare away enough people like me, and you will see how far the city gets. I love Buffalo, but nonsense like this is enough to turn me off for good. Finally, if anyone needs a character reference for me, please direct yourself to Bruno Michaud and the rest of the Department of Assessment and Taxation. They all know me, because my book has open to them since Day One, and that's something I can guarantee is not true for 100% of the other absentee and homegrown landlords in Buffalo. I look forward to your response, and thank you for your time. REFERRED TO THE COMMITTEE ON FINANCE AND COMMISSIONER OF ASSESSMENT /TAXATION. NO. 63 B. DAVIS -R. MCCAULEY- INFO.- REDEVELOPMENT OF 878 MAIN STREET Please file the attached item for further discussion at the next Common Council session to be held April 4, 2006. Thank in advance for your assistance in this matter. I write to express my interest in purchase and development of property owned by the Buffalo Urban Renewal Agency known as 878 Main Street, Buffalo New York. I first contacted your office about this parcel in the fall of 2004, and subsequently inspected the property with two City of Buffalo employees. After expressing a desire to purchase and develop the parcel, your office suggested I wait two or three months because a potential purchaser was submitting a proposal for redevelopment. During a second inquiry six weeks later, I was informed that the property had been sold, that transfer of property was pending and "on the agenda" of BURA's next board meeting (although no information regarding the agenda was available to me at that time), R is disheartening that the City of Buffalo Office of Strategic Planning would discourage participation in what is supposed to be a fair and competitive process, More disheartening still is the prospect that the current proposal may include demolition of the existing structure for a parking lot- This is not development. My husband and I have resided in the Buffalo area most of our lives. We both hail from families who have owned businesses in the City of Buffalo and employed hundreds of local residents over the years. I believe that residents like myself deserve the same development opportunities the Office of Strategic Planning affords out -of -town employers and large developers. My plan for 878 Main Street encompasses a state -of- the -art project that will serve to enhance the economy and quality of life in the surrounding neighborhood for generations to come. It does not include demolition. I welcome the opportunity to discuss my plan for redevelopment of the parcel with you. Thank you in advance for your consideration. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT & DIRECTOR OF STRATEGIC PLANNING. NO. 64 B. DAVIS -G. GAWRYS -LAKE SHORE BEHAVORIAL HEALTH, INC. Please file the attached item for further discussion at the next Common Council session to be held April 4, 2006. Thank in advance for your assistance in this matter. Lake Shore Behavioral Health provides behavioral health and vocational services to a diverse client population. Some our most vulnerable clients attend the vocational training program located at 254 Franklin Street and are transported by agency vans. Since this section of Franklin Street returned to two -way traffic, we are finding it increasingly difficult to load and unload clients at this location. Vehicles parked at the meters in front of our building mean our clients with limited mobility must disembark in the street and attempt to navigate around these parked ears to get into the building. We are asking that the parking spots directly in front of 254 Franklin be designated as a loading zone, during weekday business hours, with a'No Parking Between Signs' designation. Please call me if you need any further information. Thank you, in advance, for your assistance in this matter. REFERRED TO THE COMMITTEE ON LEGISLATION & COMMISSIONER OF PUBLIC WORKS, PARKS & STREETS. NO. 66 B. DAVIS -H. NOWAK- FUNDING FOR RECEIVERSHIP REVOLVING LOAN FUND I recently learned that the budget for the Community Development Block Grant has been approved for the next fiscal year. Also, I was told there was no allocation for a Receivership Revolving Loan Fund, despite the enclosed October 18, 2005 resolution. The request for this Fund was not simply a proposal to offer assistance to City residents, like many of the fine programs funded by the Block Grant or others implemented by this Court. Instead, it presents a unique opportunity to revamp the City's Housing policy in order to directly and proactively stabilize neighborhoods, reduce homelessness, and diminish the need for demolition throughout our City. Housing Court appoints not - for - profit organizations 1 as receivers for the City's benefit. Currently, these receivers intercept rental income from properties and use that income to bring the properties up to code. Therefore, the costs of repairs are actually borne by absentee landlords, not City taxpayers or the not - for - profit agencies. Despite its limited use at this time, it is still the most effective tool for each of you to use to guarantee that an absentee landlord can no longer profit from properties that are not up to code. For a receivership to succeed, the income stream from the property is critical. Without it, there are no funds to make repairs. At this time, receiverships are successful only when the properties are occupied at the outset with compliant, paying tenants. However, thousands of City properties do not have compliant, paying tenants 2 Therefore, at this time none of these properties are good candidates for the receivership program, regardless of their condition. If the owners do not voluntarily repair them, they are all, ultimately, destined for demolition, unless they can be transferred before they deteriorate to that point. Unless there is a way for the City to begin making repairs or assist the receivers in generating an income stream before there is significant deterioration - when we need to simply fix the furnace, turn on the water, or help the occupants obtain the rental assistance for which they qualify - these properties have no solution other than to await demolition. This is why you need a Receivership Revolving Loan Fund. 1. The receivers appointed by the Court include FLARE, CAO, the Lt. Col. Matt Urban Center, the West Side NHS, the University Heights CDA, the Lovejoy NRS, and the Black Rock/Riverside NHS. We have had discussions with other CBO's about acting as receivers for the properties in the areas they are targeting. 2 This does not mean that they are unoccupied - in fact, they often are occupied with individuals who need considerable assistance with housing, employment, mental health treatment, addiction treatment and other available services. As discussed further in this letter, an additional benefit of the Receivership Revolving Loan Fund is the ability to identify and assist this population, before the City incurs further costs, typically by police and fire departments. 3. Despite our efforts in Housing Court, the best tool for the City to transfer these properties is through the annual in rem sale. But there must be one year of arrears in taxes, water bills or user fees for a property to be scheduled for the in rein sale, and a second year to notice all necessary parties prior to sale. After the two years, many of the properties need to be demolished, and many more are adjourned because there are no bids. The Receivership Revolving Loan Fund would be used according to a standard protocol. The typical scenario is as follows. The Inspections Department brings an occupied property to Housing Court that needs some work, but does not yet require demolition. The owner fails to appear and cannot be brought under the jurisdiction of the court because, for example, he lives outside of Erie County or is in a nursing home or other institution. After an interior inspection, the inspector believes that the property is neither worthy of demolition nor suitable for habitation, but that it could be safe for the occupants with modest repairs. More funds would be necessary to bring the property fully up to code. With a Receivership Revolving Loan Fund, a receiver is appointed to "stand in the shoes" of the absentee landlord. He or she makes contact with any occupants to let them know that they may be able to stay in the property and can contribute to its rehabilitation. The receiver would borrow a small amount from the fund to make immediate repairs so that the property may be habitable and rentable. The property cannot be sold without leave of court while the receivership is in place, and, in addition, the receivers' loan is filed as a lien against the property to ensure repayment. After maximizing any rental assistance or other benefits for which the occupants may qualify (such as SSI, food stamps, emergency housing assistance, substance abuse rehab, etc.), the receiver collects rent and uses it to pay back the fund, month -by- month. After the loan is repaid, the receivership stays in place and the monthly rent is used to gradually make all the remaining repairs necessary to bring the property up to code. Demolition is avoided and the community is stabilized. The program directly reduces homelessness, blight, and criminal activity by preventing the abandonment of properties by both landlords and tenants. Without a Receivership Revolving Loan Fund, any occupants would have to be vacated for their own personal safety and would move on to homeless shelters, other substandard housing, or alternative living arrangements. The property would sit vacant, continue to deteriorate, probably be vandalized, generate no property taxes, adversely affect the surrounding neighborhood, and could require significant attention and expense from our police and fire departments. The Court would likely order a board -up of the premises and issue an order to vacate that would remain on the property until it is rehabilitated or demolished. Ultimately, demolition would be likely, at taxpayer expense. We are all well aware of the enormous need for demolitions in the City. It would be nearsighted, to say the least, to miss this opportunity to drastically reduce the need for demolitions, especially for houses that can be easily repaired and managed with the Court's supervision. Therefore, I was surprised that this Fund was not prioritized when designing the budget for the Block Grant, particularly in light of the apparent support that the Common Council expressed when they passed the resolution in support of it. Perhaps there are alternative sources for the necessary "seed money" to set up the Receivership Revolving Loan Fund. Regardless of how it is funded, these revolving loans would be supervised both by Housing Court and by the City of Buffalo to ensure prompt repayment. While Housing Court would appoint the not - for - profit receivers, the City would be free to designate the person, agent, or organization that would be best suited to manage the fund and process the loans in the most expedient manner. Moreover, your attorney Gregory Heeb, Esq. has offered to administer such a fund for properties throughout the City, due to his involvement in the receivership program as housing prosecutor for the City of Buffalo. You may contact either Mr. Heeb (851 -4326) or Cindy Cooper, the Housing Court Executive Director (845- 2648), to discuss further details of the program or the proposed use of the fund. REFERRED TO THE SPECIAL COMMITTEE ON BUDGET AND DIRECTOR OF STRATEGIC PLANNING. NO. 66 130 SOUTH ELMWOOD NIAGARA CENTER Dear Mr. Davis: I am the building manager for the Niagara Center located at 130 South Elmwood. Our tenant base consists of several GSA tenants including the IRS, VA and SBA. Several months ago, we opened a 600 car - parking ramp and surface parking lot servicing out tenants. In a recent building security meeting, several agencies raised concerns over the flow of traffic when leaving from the ramp. The ramp and surface lots exit onto a very busy section of Niagara Street. We would like to request that the signal at Georgia Street and Niagara Street be converted to a functioning traffic light, especially during the morning and afternoon rush hours. I would be happy to discuss this issue with you at your earliest convenience. I can be reached at 716 - 204 -3570. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS PARKS AND STREETS NO. 67 FEDERAL FUNDS SURVEILLANCE CAMERAS Attached available for review in The City Clerk's Office. RECEIVED AND FILED NO. 68 PASTOR F GELSEY SR REQ FOR CHANGE OF PARKING N. BROADWAY BETW 938 -950 BROADWAY Dear Mr. Chwalinski: Please have the attached item filed for the next Common Council meeting. Thank you. Per our telephone conversation on 3/14/06 1 am sending you a request for change of parking on North Broadway between 938 -950 Broadway. We the congregation of One In Christ Ministries are requesting change of parking for the following reasons: 1. We are the only legitimate business on that side of the street. 2. On the opposite side of the street there is 2 hour parking. 3.There is not adequate parking within the vicinity. We are generally in service on the following days Wednesday, Friday and Sunday. To accommodate our needs we will appreciate the following options: 1.2 hour parking 2. Parking after 6:00 p.m. or etc. 3. Or Weekend parking Please consider our request and notify us if you need any additional information. I may be reached at (716) 852 -6521 or (716) 570 -9573. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS PARKS AND STREETS NO. 69 50 COURT STREET Dear Council Members: It is has come to my attention that there are items on the agenda for tomorrow afternoon's Common Council meeting relating to the 50 Court Street site. As you are aware, Violet Realty, Inc. has submitted a proposal to purchase the site for 1.275 minion dollars, $575,000 more than what is called for in the proposed Land Disposition Agreement. Violet has offered to develop a parking structure that will assure the continued viability of the historic buildings in our downtown core as well as promote the redevelopment of other underutilized buildings. One of the redevelopment proposals before you offers to use private money for a public benefit, whereas the other seeks public money for a private benefit I hope that as stewards of the City's assets you will do what is right for the City and " community, not individual, benefit- assure that its assets are managed in a manner that generates the most community, not individual, benefit Thank you for your consideration. RECEIVED AND FILED NO. 70 INFO FOOD STORE LICENSE 468 NIAGARA To Whom It May Concern: I, Manuel Muana Moxi, the undersigned manager and owner of the grocery store "God is Love La Reference" certify that we will not sell the following items: 1. Alcoholic Beverages (such as beer, vodka...) 2. Cigarettes Also, no one is authorized to hang out outside, a sign of no loitering and no trespassing will be putted in front of the store. This declaration is true and sincere. RECEIVED AND FILED NO. 71 INFO SEQR ELMWOOD VILLAGE PROJECT Dear President and Entire Council Body: Regarding the Elmwood Village Hotel, I viewed the SEQR on the project in the Planning office yesterday. There are several glaring material inconsistencies and inaccuracies in the papers filed and prepared in the City Office of Planning for the project. The project site is located directly across the street from The Richardson Towers and Olmsted land, both listed on the National Registry of Historic Places. Part 617 of Title 6 of NY Code of Rules and Regulations dictates that a SEQR be required for this proposed hotel because of its contiguous location to 2 historic sites. Despite the fact the project was downsized to 4 floors and 72 rooms, attributable to community concessions, the Description of Action in the SEQR says, "4 Y2 story, 80 hotel rooms ". The Site Description under reports the "grass area ". The SEQR says the proportion of grassy area is less than a tenth the acreage (.06) of the buildings and roads (.51). The untutored eye can see the grass area is larger in proportion to that; Y4, perhaps 1/3? In Part II of the SEAR, p.11 of 21, reads, "Project Impacts and their Magnitude" These are yes or no questions. "Impact on Land - Will the proposed action result in the physical change of the project site ?" The report answers "No ". "2. Will there be an effect to any unique land forms found on the site (i.e. cliffs, dunes, geological formations) ?" There is a hill, on the site. The report answers "No ". Page 17 of 21 says "3. Will proposed Action affect the quantity or quality of existing or future open spaces as recreational opportunities." The report answers, "No ". Considering the fact that the Planning Office crafted the Special Development Plan that rezones this property, rather than let the existing Elmwood Special Business District codes stand as the law, the following is most disturbing. From the report, P.20 of 21., "Impact on Growth and Character of Community or Neighborhood ", it asks, "Proposed Action will set and important precedent for future projects." Report does not check this off. Article 78 of State Law exists to reminds this body not to take inappropriate action knowingly. Rather than stand by existing building codes as the standard by which all projects should be measured, the action of rezoning gives sole jurisdiction to this body alone. The Planning Office makes this Council responsible for any ultimate action on this proposed plan. Considering the fact that your actions reward a slumlord, Hans Mobius by passing this project, instead of forcing housing code compliance upon Mr. Mobius. He has a lengthy and notorious reputation for getting out of housing court cases, please consider this carefully, gentlemen, as the truth emerges. RECEIVED AND FILED NO. 72 OPPORTUNITIES TO ELMWOOD VILLAGE HOTEL PROJECT Attached available for review in the City Clerk's Office RECEIVED AND FILED NO. 73 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ADELPHIA COMMUNICATIONS CORPORATION, ET CHAPTER 11 CASES ADELPHIA CASE NO. 02-4 1729 (REG) NOTICE OF ADJOURNMENT OF SECTION 341 MEETING OF CREDITORS PLEASE TAKE NOTICE that the meeting of creditors of the debtors and debtors in possession in the above - captioned cases (the "Debtors ") — pursuant to section 341 of title 11 of the United States Code, scheduled for May 30, 2006 at 2:00 p.m. at the Office &the United States Trustee for the Southern District of New York, located at 80 Broad Street, Second Floor, New York, New York 10004, has been adjourned to May 31, 2006 at 2:00 p.m. at the same location. The Debtors include (i) all of the Debtors that filed voluntary petitions for relief on June 10, 2002 and June 25, 2002; (ii) ACC Properties 1, LLC; ACC Properties 103, LLC; ACC Properties 105, LLC; ACC Properties 109, LLC; ACC Properties 121, LLC; ACC Properties 122, LLC; ACC Properties 123, LLC; ACC Properties 130, LLC; ACC Properties 146, LLC; ACC Properties 154, LLC; ACC Properties 156, LLC; ACC Properties Holdings, LLC; Century -TCI Distribution Company, LLC; Pamassos Distribution Company I, LLC; and Pamassos Distribution Company 11, LLC, each of which filed a voluntary chapter 11 petition on October 6, 2005, and whose case is being jointly administered with these cases by order dated October 11, 2005; and (iii) Palm Beach Group Cable, Inc. which filed a voluntary chapter 11 petition on November 15, 2006, and whose case is being jointly administered with these cases by order dated November 16, 2005. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL AND THE OFFICE OF TELECOMMUNICATIONS NO. 74 B. SNYDER SR SENECA NATION OF INDIANS PRESS RELEASE BUFFALO COMMON COUNCIL STATEMENT FROM BARRY E, SNYDER SR, PRESIDENT OF THE SENECA NATION OF INDIANS AND CHAIRMAN OF THE SENECA GAMING CORPORATION REGARDING RECENT ACTION BY THE BUFFALO COMMON COUNCIL IRVING, NEW YORK - "I was recently notified, via a letter mailed to my office, of certain actions recently taken by the Buffalo Common Council." "At their March 7 meeting, the Council approved a resolution that called for limitations on the amount of land the Seneca Nation of Indians could purchase for our Seneca Buffalo Creek Casino, and further demanded that, in return for the Council's support of the project, the Nation enter into a legally binding agreement stating that our acquisitions would be limited to our 9 -acre site in the Inner Harbor area of downtown Buffalo. "I continue to be disappointed in the lack of leadership and respect which City officials to display throughout this process. The Council's have displayed and continue actions clearly underscore the fact that, rather than take the time to understand thej processes which govern our casino developments, the City leadership would rather take an antagonistic a project will deliver millions of dollars in role In the development of which much - needed revenue to a struggling municipality." "What is most insulting about the Council resolution, aside from the complete absence of: discussion surrounding it and the manner in which I was Informed, is the fact that I have publicly stated on numerous occasions that our casino acquisitions in Buffalo are complete with our chosen 9 -acre site." "On February 22, 2006 - two weeks before the Council took its action - I met with U.S. Congressman Brian Hlgglns to discuss the issue of our land acquisitions in the City of Buffalo. At that time, I told Congressman Higgins - and the public - that the Nation had acquired all of the land necessary for eveloping Seneca Buffalo Creek Casino." "Two days later, on February 24, 1 clearly reiterated this statement in a meeting with Mayor Byron Brown, Deputy Mayor Steve Casey, Council President David Franczyk, and Council members Dominic Bonifacio, Bonnie Russell and Joseph Golombek, who coincidentally, sponsored the Council resolution of March 7. A subsequent letter was sent to Mayor Brown following this meeting, "The fact that the common Council failed to take me at my word is Insulting not only to me personally, but also to the Seneca Nation of Indians as a sovereign government." "What the Council obviously fails to understand is that the Nation entered Into a legally binding agreement governing our casino development efforts when we negotiated in good faith the Nation' State Gaming Compact with New York State In 2001. This agreement, which was approved by both houses of the New York State Legislature and signed by Governor Pataki and is readily available for review, sets very clear guidelines for what casino - related developments the Nation can undertake on our sovereign territories in Niagara Falls and Buffalo." "it is also clear by their actions that the Common Council fails to understand the Seneca Settlement Act - a Federal law - which clearly governs the acquisition of lands by the Nation for economic development purposes. We see no need for further legal agreements beyond the Seneca Settlement Act and the Nation -State Gaming Compact." , "As for the Council's threat to withhold support for Seneca Buffalo Creek Casino, ] d this to be nothing more the act. The Seneca Nation has all of the approvals necessary, as outlined in the Seneca Settlement Act and the Nation -State Gaming Compact, to move forward with developing a world -class gaming facility on our Buffalo Creek Whether the Council decides to support a project that will create 1,gO0 new Jobs, hundreds of good - paying union construction jobs, and a much - needed new revenue stream while helping to create a critical mass of visitors to the Inner Harbor area, is strictly up to them. It has no bearing on the Nation's commitment to move forward with a project that has clear benefits for our people and for the residents of Buffalo as well." RECEIVED AND FILED NO. 76 SPLASH PADS & SPRAY POOLS Dear Mr. Chwalinski: Please file the attached document for the next Common Council Meeting scheduled for Tuesday, April 3, 2006. We were notified by the New York State Department of Health, that as of January 18 2006 all Recreational Aquatic Spray Grounds that recirculates water will fall under the New York State Sanitary Code subpart 6 -3. With these new regulations Cazenovia, Stachowski, and Martin Luther King Splash pads will not be able to open without major changes to these facilities. I along with two City of Buffalo employees (David Homing, Architects office and Edward Porter from Community Development) attended a training seminar on Recreational Aquatic Spray Ground Design Standards. It was determined that as per Ed Porter the City of Buffalo would put out to bid to hire a engineering consultant to look at all splash pads and spray pools. The bid was awarded to Sterns & Wheeler, and they are meeting with the City on March 30 to negotiate the contract. They should be starting sometime in the beginning of April. I will keep you informed of the progress. RECEIVED AND FILED PETITIONS NO. 76 N QUARANTILLO AGENT USE 311 BRYANT — CONTINUED USE OF SIT IN RESTAURANT HRG 4/11 REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE CORPORATION COUNSEL NO. 77 G. WILLIAMS, AGENT, USE 118 AKA 118 -120 MICHIGAN BILLBOARD SIGNS HRG 4/11 REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE CORPORATION COUNSEL NO. 78 W. NEWTON, AGENT, USE 197 ALLEN RESTAURANT USE ELLICOTT HRG 4/11 REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE CORPORATION COUNSEL NO. 79 C. PANZICA, OWNER, USE 220 DELAWARE AVE SIDEWALK CAFE (ELL)(THE CHOCOLATE BAR) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE CORPORATION COUNSEL NO. 80 J. CHILDS USE 900 MAIN STREET ADD OUTDOOR CAFE(NIAGARA) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE CORPORATION COUNSEL NO. 81 PETITION TO STOP HOTEL DEVELOPMENT AT ELMWOOD AND FOREST We the undersigned petition the Mayor of the City of Buffalo and its Planning and Zoning Boards to stop the development plans at the comer of Elmwood and Forest Avenues for the Elmwood Village Hotel. We ask that variances or re- zoning not be granted to this out of scale project, that the restriction of size be observed in the Elmwood Special Zoning District. We recognize that though a hotel might be desirable in the Elmwood Village, this proposed hotel design is not in character with, or appropriate for this space, the gateway to the Elmwood commercial corridor. RECEIVED AND FILED REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 82 APPOINTMENT DATA PROCESSING EQUIPMENT OPERATOR (INTER #3) (MIS) (ITEM NO. 20 -MAR. 21, 2006) That Communication 20, March 21, 2006 be received and filed and the temporary appointment of Richele Edwards stated above at the intermediate starting salary of $30,598.00 effective on March 13, 2006 is hereby approved. PASSED AYES - 8 NOES -0 NO. 83 APPOINTMENT - DETECTIVE (MAX) (POL) ( #30,3/21) That the above item be and the same hereby is received and filed. ADOPTED NO. 84 APPOINTMENT - DETECTIVE SERGEANT (MAX) (POL) ( #31,3/21) That the above item be and the same hereby is received and filed. ADOPTED NO. 85 APPOINTMENT - POLICE CAPTAIN (MAX) (POL) ( #32,3/21) That the above item be and the same hereby is received and filed. ADOPTED NO. 86 APPOINTMENT - POLICE LIEUTENANT (MAX) (POL) ( #33,3/21) That the above item be and the same hereby is received and filed. ADOPTED NO. 87 NOTICES OF APPOINTMENTS - TEMP. /PROV. /PERM. (C. CLK.) That the above item be and the same hereby is received and filed. ADOPTED FINANCE (BRIAN C. DAVIS, CHAIRMAN) NO. 88 Vacating Ladder No. 12 (North) (Strat. Plan. ( #14,3/21) That the above item be and the same hereby is received and filed. ADOPTED. NO. 89 DRUG ASSET FORFEITURE WIRE TRMASFERS (POL) ( #29,3/21) That the above item be and the same hereby is received and flied. ADOPTED NO. 90 INCREASED APPROP. -MAYOR ( #105, 3/7) ( #71,3/21) Mr. Davis moved that the above item be recommitted to the Committee on Finance. ADOPTED. NO. 91 PERMISSION TO ACCEPT FUNDS FROM BUILDING A BETTER BUFFALO FUND (ITEM NO. 1, C.C.P., MAR. 7, 2006) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Davis moved: That the Mayor be, and hereby is authorized to accept funds from the Building a Better Buffalo Fund, to execute all necessary agreements to execute this grant and to set up an appropriate account for this purpose. Passed. AYES -8. NOES -0. NO. 92 D. BONIFACIO -BLDG. A BETTER BUFFALO PHILANTHROPIC FUND AGREEMENT ( #50,3/7) That the above item be and the same hereby is received and filed. ADOPTED NO. 93 BSA - SINGLE SOURCE & SOLE SOURCE CONTRACTS -AUDIT UPDATE TO JULY 2005 (COMPT) ( #7,12/27) That the above item be and the same hereby is received and filed. ADOPTED NO. 94 BSA - SINGLE SOURCE & SOLE SOURCE CONTRACTS -AUDIT UPDATE TO JULY 2005 (BSA) (#48,2/7) That the above item be and the same hereby is received and filed. ADOPTED. NO. 95 VACATING OF LADDER 12 FACILITY - GRANT /AMHERST STREET (FIRE) ( #29,3/7) That the above item be and the same hereby is received and filed. ADOPTED. NO. 96 J. GOLOMBEK -N. POLANSKI - LACKAWANNA - TRAFFIC SIGNAL - REGIONALISM - SHARED MUNICIPAL SERVICES ( #60,2/7) That the above item be and the same hereby is received and filed. ADOPTED NO. 97 LACKAWANNA- TRAFFIC SIG NAL- REGIONLISM-SHARED MUNICIPAL SERVICES (AFUA) (#40,3/7) That the above item be and the same hereby is received and filed. ADOPTED NO. 98 J. GOLOMBEK -NEWS ARTICLE SUBURBS OPEN TO MERGING SEWER SERVICES ( #66,2/21) That the above item be and the same hereby is received and filed. ADOPTED NO. 99 L. KELLY & O -REQ. DEMO. OF MURPHY'S BAR -577 S. PARK AVE. & HAZ. COND. -586 S. PARK AVENUE ( #94,2/21) (#46,1/24) That the above item be and the same hereby is received and filed. ADOPTED LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 100 L. RUNG, PETITION TO USE 494 FRANKLIN STREET - SIT -IN RESTAURANT - OUTDOOR PATIO (ITEM NO. 66, C.C.P., MAR. 21, 2006) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved: That after the public hearing before the Committee on Legislation on March 28, 2006, the petition of L. Rung, Agent, for permission to use 494 Franklin Street for a sit -in restaurant /outdoor patio expansion be, and hereby is approved. PASSED. AYES -8. NOES -0. NO. 101 S. HERMANN -USE 360 DINGENS STREET - ACCESSORY POLE SIGN (PLAN. BD.) ( #5,3/21) That the above item be and the same hereby is received and filed. ADOPTED NO. 102 J. STRASSER- INQUIRY -PKG. REGULATIONS (PW) ( #27,3/21) That the above item be and the same hereby is received and filed. ADOPTED. NO. 103 CURRENT STATUS OF PKG. REGULATIONS IN COB (LAW) ( #35,3/21) That the above item be and the same hereby is received and filed. ADOPTED NO. 104 USED CAR DEALER - 880 FILLMORE AVENUE (RESUBMITTED) (ITEM NO. 37, C.C.P., MAR. 21, 2006) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved: That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services Permit be, and he hereby is authorized to grant a Used Car Dealer license to Muhannad Abdellatif d /b /a Quality Auto Sales, located at 880 Fillmore Avenue. That approval is conditioned on compliance with all applicable law, rules and regulations, and specifically the City of Buffalo's Noise Ordinance (Chapter 293) and the City of Buffalo's Nuisance Abatement Law (Chapter 294). PASSED. AYES -8. NOES -0. NO. 105 LOCAL LAW INTRO. NO. 8 (2006) DEPARTMENT OF LAW (ITEM NO. 112, C.C.P., MAR. 7, 2006) (ITEM NO. 91, C.C.P., MAR. 21, 2006) That after the public hearing before the Committee on Legislation on March 14, 2006, the Local Law as contained in Item No. 112, C.C.P., March 7, 2006, be and the same hereby is approved. PASSED. AYES -8. NOES -0. NO. 106 ORDINANCE AMENDMENT - CHAPTER 414 SPECIAL EVENTS (ITEM NO. 117, C.C.P., MAR. 7, 2006) (ITEM NO. 96, C.C.P., MAR. 21, 2006) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved: That after the public hearing before the Committee on Legislation on March 14, 2006, the Ordinance Amendment as contained in Item No. 117, C.C.P., March 7, 2006, be and the same hereby is approved. PASSED. AYES -8. NOES -0. NO. 107 C. CAULFIELD, PETITION TO USE 1313 MAIN STREET - OVERSIZED GROUND SIGN (ITEM NO. 67, C.C.P., FEB. 7, 2006) That after the petition of C. Caulfield, agent, for permission to use 1313 Main Street for an oversized ground sign 8' high x 4' wide be, and hereby is approved. PASSED. AYES -9. NOES -0. NO. 108 J. STRASSER- INQUIRY -PKG. REGULATIONS ( #54,3/7) That the above item be and the same hereby is received and filed. ADOPTED NO. 109 PROVIDE PROP. TAX RELIEF FOR OWNER OCCUPIED NON - HOMESTEAD PROPERTIES ( #77,2/7) ( #8,12/27) That the above item be and the same hereby is referred to the Committee on Finance. ADOPTED NO. 110 CHANGING THE MAKEUP OF BURA BOARD OF DIRECTORS (EXC. 1 & 3 RES) ( #133,6/14) That the above item be and the same hereby is received and filed. ADOPTED. NO. 111 HOLD OVER BOARD APPOINTMENTS (4 RES) ( #112,11/1 That the above item be and the same hereby is received and filed. ADOPTED NO. 112 HOLD OVER BOARD APPOINTMENTS (LAW) ( #34,11/29) That the above item be and the same hereby is received and filed. ADOPTED. NO. 113 COB ANIMAL SHELTER -BI ANNUAL REPORT TO COUNCIL (PW) ( #27,2/21) That the above item be and the same hereby is received and filed. ADOPTED NO. 114 USED CAR DEALER - 742 KENSINGTON AVENUE (ITEM NO. 37, C.C.P., MAR. 7, 2006) That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services Permit be, and he hereby is authorized to grant a Used Car Dealer license to William Brooks d /b /a Brother's Auto Sales, located at 742 Kensington. PASSED. AYES -8. NOES -0. ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRMAN) NO. 115 LDA -50 COURT STREET ( #134, 3/21/06) (HRG. 4/4) Mr. Golombek moved: That the above item be returned to the Common Council without recommendation. Joseph Golombek Jr., Chairperson, Community Development Committee A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of Same has been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mr.Bonifacio seconded by,Mr. Kearns, the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances Tim Wanamaker,Exec Director Strat Planning, Art Robinson, Robert Knoer, Attny Opposition, Patrick Hotung, Gen Mngr Main Place Mall, M. Kearns, Paul Gregory, Ellicott Dev Co, A. Thompson, Eric Favre Mr. Golombek moved: That 1097 Group, LLC and /or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the qualified and eligible Redeveloper of 50 Court Street in the Downtown Renewal Phase 1 /Urban Renewal Area; and That the Mayor, the Chairman, Vice - Chairman, or any officer of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other documents necessary to convey land described in the proposed "Land Disposition Agreement" to 1097 Group, LLC and /or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein. PASSED AYES — BONIFACIO, FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RUSSELL — 7 NOES — THOMPSON -1 NO. 116 LDA 50 COURT STREET (STRAT. PLAN.) (ITEM NO. 8, C.C.P., MAR. 21, 2006) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That 1097 Group, LLC and /or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the qualified and eligible Redeveloper of 50 Court Street in the Downtown Renewal Phase I /Urban Renewal Area; and That the Mayor, the Chairman, Vice - Chairman, or any officer of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other documents necessary to convey land described in the proposed "Land Disposition Agreement" to 1097 Group, LLC and /or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein. PASSED AYES - 8 NOES -0 NO. 117 RESULTS OF NEGOTIATIONS - 31, 35 & 37 HOWARD STREET (ITEM NO. 11, C.C.P., MAR. 21, 2006) That the offer from Ms. Laurletha Jackson, residing at 193 Howard Street, in the sum of three thousand and seven hundred dollars ($3,700.00) for the purchase of the house at 35 Howard Street and two thousand and four hundred dollars ($2,400.00) for the lots at 31 and 37 Howard Street, 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 Corporation Counsel 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. 118 R. KNOER -50 COURT ST. PROJECT ( #61,2/7) That the above item be and the same hereby is received and filed. ADOPTED NO. 119 LIMITING THE AMOUNT OF SOVEREIGN LAND FOR A BUFFALO CASINO (ITEM NO. 109, C.C.P., MAR. 7, 2006) 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 Community Development. ADOPTED NO. 120 RESULTS OF NEGOTIATIONS - 79 GATEHELL (ITEM NO. 9, C.C.P., FEB. 21, 2006) (ITEM NO. 91, C.C.P., MAR. 7, 2006) That the offer from Mr. Ella Agkavanakis, residing at 19 Argyle Avenue, Amherst, in the sum of four thousand and five hundred dollars ($4,500.00) for the purchase of 79 Gatchell, 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 Corporation Counsel 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. 121 RESULTS OF NEGOTIATIONS -90 PULLMAN (ITEM NO. 10, C.C.P., FEB. 21, 2006) (ITEM NO. 92, C.C.P., MAR. 7, 2006) That the offer from Mr. Ella Agkavanakis, residing at 19 Argyle Avenue, Amherst, in the sum of one thousand and five hundred dollars ($1,500.00) for the purchase of 90 Pullman, 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 Corporation Counsel 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 SPECIAL COMMITTEES BUDGET COMMITTEE (DOMINIC J. BONIFACIO JR., CHAIRMAN) NO. 122 GENERAL FUND GAP SHEET SECOND QUARTER 2005 -06 (AFUI) ( #46, 2/7) That the above item be and the same hereby is received and filed. ADOPTED NO. 123 SECOND QUARTER GAP REPORTS (COMPT) ( #14, 2/21) That the above item be and the same hereby is received and filed. ADOPTED NO. 124 SECOND QUARTER GAP (AFUI) ( #41, 3/7) That the above item be and the same hereby is received and filed. ADOPTED NO. 125 REQ, MAYOR BROWN /BFSA HIRE ADDL. POLICE OFFICERS TO ASSIST THE BMHA (EXC. FINAL RES.) ( #119, 3/7) That the above item be and the same hereby is received and filed. ADOPTED NO. 126 M. COPPOLA -BFSA YEARLY REPORT ( #56, 2/7) That the above item be and the same hereby is received and filed. ADOPTED NO. 127 SECOND QUARTERLY REPORT 2005 -2006 BEG. 10/2/05 -SUB. ABUSE SERVICES (COMM. SVS.) ( #31, 1/24) That the above item be and the same hereby is received and filed. ADOPTED NO. 128 THE TRANSFER OF ERIE CO. -BFLO. DIV. OF FORESTRY BACK TO COB PUBLIC WORKS (# 111,11/1) ( #73, 11/15) That the above item be and the same hereby is received and filed. ADOPTED NO. 129 FISCAL IMPL. OF BFSA IMPOSED WAGE FREEZE (EXC. 1 & 2 RES.) (#131,12/13) That the above item be and the same hereby is received and filed. ADOPTED NO. 130 FISCAL IMPL. OF BFSA IMPOSED WAGE FREEZE (A &F) ( #36, 12/27) That the above item be and the same hereby is received and filed. ADOPTED NO. 131 UPDATE ON CITY HEALTHCARE PLAN (4 RES) ( #121, 11/3) That the above item be and the same hereby is received and filed. ADOPTED NO. 132 DIRECT CC TO COMMENCE LEG. ACTION RE: 1% SALE TAX OWED TO COB ( #179, 9/7) That the above item be and the same hereby is received and filed. ADOPTED NO. 133 CREATION OF A COB LIBRARY BOARD (#72,12/27) ( #100,10/4 ( #190, 9/20) That the above item be and the same hereby is received and filed. ADOPTED NO. 134 CREATION OF LIBRARY BOARD ( #80,1/10) ( #39,12/13) That the above item be and the same hereby is received and filed. ADOPTED RESOLUTIONS NO. 135 BY: MR. BONIFACIO IMPLEMENT PUSH CART VENDING PILOT PROJECT ON GRANT STREET Whereas: The City of Buffalo supports the establishment and implementation of a Push Cart Vending Pilot Project within the Grant Street boundaries, to be governed by the West Side Business & Taxpayer's Association in cooperation with the City of Buffalo; and Whereas: The terms and conditions of this Pilot Project are contained within the body of this resolution as cited below; and Now, Therefore Be It Resolved: That the Grant Street boundaries shall begin at the comer of Grant Street at its intersection with West Ferry Street; thence northerly along Grant Street to the northeast intersection with Forest Avenue; and Be It Further Resolved: That the City of Buffalo approve the implementation of a Push Cart Vending Pilot Project, within the Grant Street boundaries, under the supervision of the West Side Business & Taxpayer's Association or its designated agent, and in compliance with all applicable City laws, codes, roles, and restrictions as administered by the Office of Licenses; and Be It Further Resolved: That each application for a push cart vending license within the Grant Street boundaries must first obtain the approval of the West Side Business & Taxpayer's Association or its designated agent, prior to the issuance of said license by the City of Buffalo Office of Licenses; and Be It Further Resolved: That the West Side Business & Taxpayers Association may impose reasonable conditions and restrictions upon the issuance of the approval in consultation with the Office of Licenses; and Be It Further Resolved: That all peddling and /or vending activity to be conducted within the Grant Street boundaries not in conjunction with the Grant Street Push Cart Vending Pilot Project shall be suspended until the conclusion of the Pilot Project; and Be It Further Resolved: That the Grant Street Push Cart Vending Pilot Project shall begin on April 5, 2006 and shall conclude on October 1, 2006, at which time the City may determine to continue the Pilot Project under existing conditions, make modifications to the Pilot Project, make permanent the Pilot Project, or cease the Pilot Project in its entirety; and Be It Finally Resolved: That the City of Buffalo reserves the right to suspend or cease this Pilot Project prior to the scheduled conclusion date as it may see fit. PASSED AYES - 8 NOES -0 NO. 136 BY. MR. BONIFACIO, MR. FONTANA AND MR. GOLOMBEK ADULT USE PERMIT INSPECTIONS Whereas The City of Buffalo issues Adult Use Permits in accordance with the provisions of Chapter 511 -95. "Adult uses; uses subject to special regulation "; and Whereas The Director of Inspections, Licenses and Permits issues his determination to approve or deny the Adult Use Permit application based on his investigation of the planning and zoning issues relative to the location; and Whereas Chapter 511 -95 (4) "Enforcement" gives the Director of Inspections, Licenses and Permits and the Commissioner of Police the authority to inspect the premises during operating hours to enforce only the provisions of this particular section; Whereas It would seem appropriate that the City of Buffalo in addition to enforcing the provisions of Chapter 511 -95, also be empowered to ensure that any location issued an Adult Use Permit operate in compliance with all local, state, and federal rules, regulations, laws and that Adult Use Permits be suspended, revoked or not renewed for instances of gross non - compliance of Chapter 511 -95 and /or local, state, federal rules, regulations and /or laws; and Whereas It would also seem appropriate that any locations issued an Adult Use Permit be inspected for said compliance on at least an annual basis; and Now, Therefore, Be It Resolved: That the Common Council hereby requests the Corporation Council to amend Chapter 511 -95 to allow for the enforcement of all local, state and federal rules, regulations, laws. Additionally, that the Departments of Economic Development Permit and Inspection Services in conjunction with the Buffalo Police Department implement a coordinated plan for at least the annual inspection of all locations that are issued an "Adult Use' Permit. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL NO. 137 BY: MR. BONIFACIO EXCUSE COUNCILMEMBER DAVIS FROM COUNCIL MEETING ON APRIL 4, 2006 Whereas: Brian C. Davis, Ellicott District Councilmember requests permission to be excused from the April 4, 2006, meeting of the Buffalo Common Council; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo excuses Brian C. Davis, Ellicott District Councilmember from the April 4, 2006, meeting of the Buffalo Common Council. ADOPTED NO. 138 By: Mr. Bonifacio LENGTH OF TIME PERMISSIBLE TO HANG BANNER IN CITY OF BUFFALO Whereas: The City of Buffalo routinely permits community groups, civic associations, area schools, religious organizations, businesses and others to hang banners across City of Buffalo property in order to promote themselves and upcoming events; and Whereas: The City of Buffalo proudly supports these groups efforts to promote themselves and the upcoming events in the community, the City also recognizes in order to preserve the integrity of the neighborhood there needs to be a limit on the length of time these banners may hang; and Whereas: Currently the City of Buffalo has no written policy in place regarding the length of time a banner may hang on City of Buffalo property and ultimately allows a banner the opportunity to hang on City property for years, it therefore seems appropriate that the City of Buffalo should put in place a written policy limiting the length of time a banner may hang; and Now Therefore Be It Resolved: That City of Buffalo proudly supports the rights of community groups, civic associations, area schools, religious organizations, businesses and others to hang banners across City of Buffalo property to promote themselves and upcoming events in the community; and Be It Further Resolved: That this item goes before the Common Council's Legislation Committee with representatives of the Department of Public Works, Parks, and Streets and the Corporation Counsel's office for further discussion. ADOPTED 1 ST RESOLVE; REMAINDER - REFERRED TO THE COMMITTEE ON LEGISLATION AND COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS. NO. 139 By: Mr. Bonifacio ORDINANCE AMENDMENT CHAPTER 511, ZONING (HRG. 4/18/06) The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 511 of the Code of the City of Buffalo be amended to read as follows: § 511 -136. Use permit required for human service facilities. A. Legislative findings and intent. It is recognized that human service facilities exist in locations throughout the City of Buffalo. It is further recognized that there exists a concentration of such facilities in certain areas of the city despite application of the current Zoning Ordinances of the City of Buffalo. The continuing placement of such facilities in areas which are already over - concentrated serves to defeat the community integration goals of these facilities and may alter the nature and character of affected areas to the detriment of both the users of such facilities and the community in general. Further regulation is therefore necessary to balance the interests of the users of such facilities and the community in general. B. Regulated uses. Effective July 1, [ 1995] 2006 no public or private entity shall establish a food pantry, soup kitchen, substance abuse community or residential treatment facility, walk -in or drop -in center, counseling center, detention center, temporary or short -term shelter, transient housing, residential treatment facility established for penal or correctional purposes or similar facilities, in the City of Buffalo without first obtaining permission from the Zoning Board of Appeals. The requirements of this article shall apply to regulated uses existing prior to the effective date of this article which are enlarged or extended after the effective date of this article. C. Application to Zoning Board. Applicants seeking to establish uses regulated under this section shall submit to the Zoning Board a detailed description of the proposed use, including but not limited to 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. The applicant shall also submit a demonstration of the need for such use at the proposed location and a detailed explanation of how this use will not adversely impact the nature and character of the area in which the facility is to be based. The applicant shall also submit the information required under this subsection to both the Common Council and the City Planning Board for their review and advisory recommendation, if any. The Zoning Board of Appeals, Common Council, or City Planning Board may also require other information as may reasonably be necessary to ascertain the impact of the proposed facility on public safety, health and welfare. D. Standards. In addition to a consideration of the effect of the proposed use on the public health, safety, and aesthetics, the Zoning Board shall consider the impact of the proposed use on the area in which the facility is to be based, including the concentration of existing regulated uses. The Zoning Board shall consider any recommendation from the Common Council or the City Planning Board, but it is not bound by these recommendations. Within 120 days after receiving an application, the Zoning Board of Appeals shall either approve the application without conditions, approve the application with conditions or deny the application. E. Conditions on approval. In the event of an approval, the Zoning Board may attach such conditions as are necessary or desirable in its judgment to ensure the compatibility of the proposed use with surrounding property and overall development of the community. Such conditions shall be expressly set forth in the Zoning Board approval. Nothing contained herein shall preclude the Zoning Board from making reasonable accommodations in rules, policies, practices or services as are necessary to allow the users of a regulated facility to use and enjoy such facility. F. Denial of application. The Zoning Board shall deny an application if it is determined that the nature and character of the area in which the facility is to be based would be substantially altered as a result of the establishment of the facility. In the event of a denial, the Zoning Board shall issue a written decision specifying the basis for the denial. G. Abandonment of use. All approvals issued under this article shall expire and terminate upon the cessation or abandonment of the permitted use for a one -year period. H. Termination. All approvals shall be deemed to be personal to the holder and shall terminate upon the transfer of title or ownership of the property or change of operator, tenant or occupant or a change of use. I. Exemption. The requirements of this article shall not apply to hospitals, sanitariums or other institutions governed by § 511 -12H of this chapter. The requirements of this article shall not apply to those facilities whose site selection is comprehensively regulated by state or federal law and when such regulation is intended to preempt local regulation of site locations as contained in this article. J. Effective date and expiration. This article shall take effect on July 1, [1995] 2006 and shall expire on July 1, [20041 2011 K. Severability. If any word, clause, sentence, paragraph, subsection, section or part of this article included in this article now or through supplementation shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the word, clause, sentence, paragraph, subsection, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. APPROVED AS TO FORM David State Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 140 By: Mr. Davis TRANSFER OF FUNDS 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 $623,900 be and the same is hereby transferred from General City Charges to various accounts and said sums are hereby reappropriated as set forth below: 17301001-411002 Duty Disability $263,900 17422008 - 487300 Muni Bond Bank $160,010 17422008 - 487293 Capital Lease Payments $ 199,990 $623,990 10314005 - 466000 Real Estate Building Supplies $ 3,900 11412006 - 480000 PVB - Other Services 10546006 - 432003 - Law - Legal Services 17221008 - 480205 Prior Year Claims PASSED. AYES -8. NOES -0. $ 45,000 $200,000 $ 375,000 $623,900 NO. 141 By: Mr. Fontana DISCHARGE ITEM FROM THE LEGISLATION COMMITTEE - -(NO 90, CCP MAR 21, 2006) "LOCAL LAW INTRO #7(2006) -DEPT. OF COMM. SVS. & RECR. PROGRAM.( #111/3/7)" Whereas: No 90, CCP Mar 21, 2006, "Local Law I ntro#7(2006)- Dept. of Comm. Svs. & Recr. Program.( #111/3/7) "" is currently before the Committee on Legislation; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore, Be It Resolved: That the Common Council does hereby discharge the Legislation Committee from further consideration of NO 90, CCP Mar 21, 2006 "Local Law Intro #7(2006) -Dept. of Comm. Svs. & Recr. Program.( #111/3/7)" and said item is now before the Council. Mr. Bonifacio moved: That the Local Law Intro. No. 7 (2006) - Department of Community Services & Recr. Program as contained in Item No. 111, C.C.P., March 7, 2006, be and the same hereby is approved. PASSED. AYES -8. NOES -0. NO. 142 By: Mr. Fontana INVITING REPRESENTATIVES OF THE MUNICIPAL BOND BANKING AGENCY (MBBA) & JER REVENUE SERVICES TO MEET WITH THE BUFFALO COMMON COUNCIL REGARDING THEIR PROPERTIES IN THE CITY OF BUFFALO Whereas: The Municipal Bond Banking Agency (MBBA) was created in 1972. The goal of MBBA is to purchase delinquent tax liens from municipalities in the State of New York, such as the City of Buffalo to provide a significant and on -going vehicle for municipalities to more efficiently manage fiscal activities through present realization of revenue and relief from the costs and burdens of delinquent real estate tax collections; and Whereas: In September 2003 MBBA bought tax liens on 1499 properties from 2001 and prior delinquent tax years from the City of Buffalo for approximately $4.1 million dollars. In order to realize revenues to support bonds used to purchase these tax liens, the MBBA hired JER Revenue Services of Connecticut, to collect back taxes on these properties; and Whereas: JER Revenue Services has been unsuccessful in collecting back taxes or in selling these properties on which it has foreclosed since September 2003. Only 55 tax liens properties were sold at an auction held by JER Revenue Services. Partly in part because, the liens often far exceed the value of the houses to which they are attached, therefore leaving many abandoned and neglected properties throughout the City of Buffalo; and Whereas: The Buffalo Common Council is committed to strengthening our neighborhoods through homeownership and neighborhood beautification projects. The inability of MBBA and JER Revenue Services to address hundreds of vacant and neglected properties is having a negative effect upon neighborhoods throughout the City of Buffalo; and Now, Therefore, Be It Resolved That: This Common Council requests that a representative of the Municipal Bond Banking Agency (MBBA) and JER Revenue Services appear before the Buffalo Common Council to address the growing problem of abandoned and neglected houses that are owned by MBBA in the City of Buffalo; and Be It Further Resolved That: Once adopted the City Clerk forward certified copies of this Resolution to Tracy Oats, Vice President of Policy & Planning, Municipal Bond Banking Agency, 641 Lexington Avenue, 4"' Floor, New York, NY 10022 and to Peter Fester, Vice President, JER Revenue Services, 6 Divine Street, North Haven, CT 06473; and Be It Finally Resolved: That this item is referred to an appropriate Committee of the Council for further consideration. ADOPTED 1 sc & 2 " Resolves; Remainder - Referred to the Special Committee on Budget, Corporation Counsel & Commissioner of Assessment /Taxation. NO. 143 By: Mr. Franczyk SUPPORT OF NYS ASSEMBLY BILL A9807 /SENATE BILL $6787 TO HALT THE PUBLIC SERVICE COMMISSION FROM ITS CURRENT PROCEEDINGS TO ELIMINATE TELECOMMUNICATION CONSUMER PROTECTIONS. Whereas: Universal access to affordable quality telephone service and consumer protection have been longstanding objectives of New York State; and Whereas: The Public Service Commission, (PSC), issued a report entitled "COMP III" to change the telecommunication landscape for decades to come and yet did so with virtually no public input from local and state officials; and Whereas: The PSC plans to raise the price of basic phone service; and Whereas: The PSC plans through "pricing flexibility" to allow major price increases for all New York consumers; and Whereas: The PSC plans to further weaken service quality requirements; and Whereas: The PSC plans to eliminate consumer protections as well as the penalties on companies that violate traditional service quality standards; and Whereas: The PSC will leave broadband entirely unregulated, leaving many New York consumers without assurance that affordable broadband will be available; and Whereas: The PSC plans to lift consumer protections and price caps will hurt New York consumers, especially rural, low - income urban, and seniors; and Whereas: The PSC has not adequately studied the impact of their proceedings on New York's most vulnerable communities; and Whereas: Assembly Bill 9807 /Senate Bill 6787 would halt the PSC proceedings until a comprehensive study is done to determine the impact on New York consumers of lifting price caps and protections; and Whereas: The Buffalo Common Council is committed to ensuring affordable quality telecommunication services for all of our residents; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo does hereby support the passage of NYS Assembly Bill 9807 /Senate Bill 6787 and calls on the Public Service Commission to immediately halt their proceedings that stand to hurt City of Buffalo Residents and all New Yorkers until an adequate study can be done of the potential impact of those proceedings. ADOPTED NO. 144 BY: Mr. Kearns HAVING A COUNCIL REPRESENTATIVE SERVE ON THE ERIE CANAL HARBOR DEVELOPMENT CORPORATION Whereas: The development of the waterfront is a vital part of revitalizing the City of Buffalo; and Whereas: The Erie Canal Harbor Development Corporation ( ECHDC) was formed to serve as a focal point for overseeing the planning and development of Buffalo's waterfront including serving as the lead contact for the Bass Pro project; and Whereas: The overall investment in the Buffalo waterfront is expected to exceed $100 million and include state, federal, local and private dollars; and Whereas: When first formed the ECHDC Board of Directors consisted of seven individuals, six of which were from the private sector; and Whereas: Recently the ECHDC Board of Directors was expanded to include the Erie County Executive and the Mayor of Buffalo; and Whereas: Given the importance of developing Buffalo's waterfront and the fact that Bass Pro and other waterfront projects will require some form of Common Council approval, additional representation by the Common Council on ECHDC would be helpful in terms of providing communication to the Council regarding waterfront projects ; and Now Therefore Be It Resolved: That the Common Council hereby requests the Erie Canal Harbor Development Corporation to consider placing representation from the Common Council on their Board of Directors. Be It Further Resolved: That a copy of this resolution be forwarded to the Erie Canal Harbor Development Corporation for their comments. ADOPTED 1 sT & 2 ND RESOLVES; REMAINDER - REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT. NO. 146 By Mr. LoCurto APPOINTMENT OFFICE STAFF TO COUNCILMEMBER LOCURTO The Common Council hereby moves approval of the appointment of Joel Feroleto to the position of Senior Legislative Assistant, and William Licata to the position of Legislative Assistant to Councilmember LoCurto pursuant to Section 27 of the Charter of the City of Buffalo to be effective March 28, 2006. ADOPTED. NO. 146 BY: Ms. Russell BUDGET AND PERSONNEL AMENDMENT 66 - DEPARTMENT OF COMMUNITY SERVICES 1301 - ADMINISTRATIVE The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 55 - 1301 Department of Community Services - Administrative which currently reads: 1 Typist $ 25,162 - $ 27,847 Is hereby amended to read: 1 Confidential Secretary to the Commissioner $ 29,138 That a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position JAMES B MILROY Ph.D., COMMISSIONER OF ADMINISTRATION, FINANCE AND URBAN AFFAIRS, AND TANYA PERRIN- JOHNSON, COMMISSIONER OF COMMUNITY SERVICES, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. Approved As To Form Alisa Lukasiewicz Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE & COMMISSIONER OF HUMAN RESOURCES. NO. 147 By: Mrs. Russell Co- Sponsors: Mr. Davis, Mr. Franczyk, Mr. Kearns & Mr. LoCurto C.O.P.S. INFORMATION Whereas: In the early 1990's, the Buffalo Police Department, in conjunction with community groups, initiated neighborhood Community Oriented Police Stations, (C.O.P.S.); and Whereas: The C.O.P.S. Satellite program initially had two stations in the City and through additional funding grew to five stations. Funding for the C.O.P.S. came from local community groups and various grants secured by the Buffalo Police Department; and Whereas: The C.O.P.S. Satellite program was initiated to improve quality of life and day to day nuisances such as illegal parking, noise, abandoned cars, graffiti, problem properties and suspected drag trafficking; and Whereas: Since their inception, the satellite offices have been a valuable neighborhood resource. They allow residents to report quality of life and non - emergency issues in person or by phone and allow for resolutions at the community level; and Whereas: The C.O.P.S. stations were staffed by civilian volunteers, interns from local schools and a paid Site Coordinator. Community Police Officers worked with the satellite staff in evaluating and resolving community complaints; and Whereas: It appears that a new direction for the neighborhood C.O.P.S. Offices has occurred in that they now primarily provide disaster training programs rather than assistance for quality of life concerns; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo does hereby request that the Buffalo Police Department provide a report as to the present use of the C.O.P.S. satellite offices and intended future uses. The report should also include an overview of the C.O.P.S. program, funding sources for the employees and the program, the identity of and the number of police officers assigned to the C.O.P.S. as well as the number of Community Police Officers and their assigned locations throughout the City, the contact information for each C.O.P.S. office and any other pertinent information; and Now, Therefore, Be It Further Resolved: That the report requested above be filed with the Common Council no later than 2:OOpro, on April 13, 2006: Now, Therefore, Be It Finally Resolved: That this resolution be referred to the appropriate Council Committee for further consideration. ADOPTED 1 sT & 2 ND RESOLVES; REMAINDER - REFERRED TO THE COMMITTEE ON FINANCE AND COMMISSIONER OF POLICE. NO. 148 By: Mr. Thompson APPOINTMENT AS LEGISLATIVE ASSISTANT TO COUNCILMEMBER THOMPSON The Common Council hereby moves approval of the appointment of Scott Steinwald as Legislative Assistant to Councilmember Thompson pursuant to Section 27 of the Charter of the City of Buffalo to be effective March 28, 2006. ADOPTED NO. 149 BY: MR. THOMPSON ORDINANCE AMENDMENT CHAPTER 96, BONDS AND CONTRACTS The Common Council of the city of Buffalo does hereby ordain as follows: That Chapter 96 of the Code of the City of Buffalo be amended to read as follows: 96 -13 (G), Apprenticeship Training Program Pursuant to New York State Labor Law 816 -b, the City of Buffalo hereby requires all contractors and subcontractors entering into any construction contracts with the City of Buffalo, to have established apprenticeship agreements appropriate for the type and scope of work to be performed under the contract, that has been approved by the NYS Commissioner of Labor. Construction contracts shall mean any contract, which involves construction, reconstruction, improvement, rehabilitation, installation, alteration, renovation, demolition, or otherwise providing for any building, facility, or physical structure of any kind with a value in excess of $25,000. Section (2) Short Title This Local Law shall be known as "The City of Buffalo Workforce Development and Diversification Apprenticeship Training Program." Section (3) Definitions: A. "Worker Training Program" shall mean: a state registered apprenticeship program through New York State Department of Labor that includes the following standards: (a) An organized, written plan in place that embodies the terms and conditions of employment, and the training and supervision of one or more workers; and (b) A schedule of wages to be paid to the worker consistent with the skills required and approved by the New York State Department of Labor; and (c) Equal opportunity and affirmative action plans; and (d) Workforce development and diversification goals ensuring that the workforce includes at least 30% minority (25 %) and female (5 %) combined in project personnel including trades people, trainees, journeymen, apprentices, and supervisory staff, and (e) A minimum often (10 %) percent of the workforce employed by any and all contractors and subcontractors be done by a person or persons participating in an apprenticeship program which has been registered with and approved by the New York State Commissioner of Labor in accordance with Article 23 of the NEW YORK LABOR LAW anything in Section 103 of the NEW YORK GENERAL MUNICIPAL LAW to the contrary notwithstanding; and (f) A minimum of twenty -five (25 %) percent of the workforce to include qualified residents from the City of Buffalo. B. "Commissioner" shall mean the Commissioner of the City of Buffalo Department of Public Works. C. "Construction contract" shall mean any contract to which the City of Buffalo shall be a signatory, which involves the construction, reconstruction, improvement, rehabilitation, installation, alteration, renovation, demolition, or otherwise providing for any building, facility, roads, highways, bridges, or physical structure of any kind. D. "Construction subcontract" shall mean any subcontract between a contractor who has a construction contract with the County of Erie which involves the construction, reconstruction, improvement, rehabilitation, installation, alteration, renovation, demolition, or otherwise providing for any building, facility, roads, highways, bridges, or physical structure of any kind. E. "Contractor" or "subcontractor" shall mean a contractor or subcontractor that directly employs workers under a construction contract or construction subcontract, as defined herein, for which a worker - training program, registered through New York State Department of Labor is required. "Construction worker" shall mean an individual directly involved in the construction, reconstruction, improvement, rehabilitation, installation, alteration, renovation, demolition, or otherwise providing for any building, facility, roads, highways, bridges, or physical structure of any kind. Section (4) Requirements and Exceptions A. Any contractor, prior to entering into a construction contract, as defined herein, with the City of Buffalo, or any subcontractor entering into a construction contract as defined herein, with a contractor who has a construction contract, as defined herein with the City of Buffalo, is required to have in place at the time of bid a NYS Department of Labor apprenticeship training program, as defined herein, either internally to the contractor or subcontractor and /or through an organization servicing several contractors or subcontractors, appropriate for the type and scope of work to be performed. B. The Commissioner shall file reports on a quarterly basis with the Mayor of Buffalo and the Common Council as the training of workers and certification. C. Any contractor with the City of Buffalo, or any subcontractor entering into a construction subcontract with a contractor who has a construction contract with the City of Buffalo, is required to ensure that the workforce which it engages to perform work in execution of the contract or subcontract meets the minimal workforce diversification standards as defined in section 3 (A subparagraph e) above, such contractors and /or shall provide the Commissioner or designated compliance officer with the following: (a) A monthly workforce census and such other employment and /or payroll records necessary to verify achievement of the workforce diversity goals and the demonstrate compliance with the minimum standards. (b) Access and cooperation to the project compliance officer to review records on -site and /or at worksite premises to validate workforce participation. (c) With bid submission, a statement committing to providing apprenticeship training opportunities to workers, as well as details of workforce diversification recruiting programs directed at attracting candidates to fill positions to meet such requirements. Section (5) Rules & Regulations The Commissioner of the City of Buffalo Department of Public Works is hereby authorized to promulgate such rules and regulations that are lawful, necessary and appropriate to implement, enforce, or otherwise carry out the purpose of this Local Law, provided that the Common Council, by simple majority, has not voted to disapprove such rule or regulation within sixty (60) days from the Commissioner's written notice to the Common Council that such rule or regulation has been promulgated. Section (6) Equal Employment Opportunity Oversight The Commissioner of Community Services for the City of Buffalo shall conduct oversight and review functions over apprenticeship training programs operated in accordance with the provisions of this Local Law to ensure compliance with federal, state, and local laws and regulations concerning minority and women participation, and shall report to the Common Council annually concerning such compliance. Section (7) Penalties Violation of any provision of this Local Law shall constitute cause, grounds or other legal justification for termination of any contractual agreement with any contractor or subcontractor engaged in a construction contract or construction subcontract with the City of Buffalo, in accordance with city, county, and state laws, rules, and regulations governing the termination of such contractual agreements. Section (8) Severability If any clause, sentence, paragraph, subdivision, section or part of this Local Law or the application thereof, to any person, individual, corporation, firm, partnership, entity or circumstance, shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional such order of judgement shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this Local Law or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such judgement or order shall be rendered. Section (9) Applicability This Local Law shall apply to construction contracts advertised for bids on or after the effective date. Section (10) Effective Dates This Local Law shall take effect upon its filing with the Secretary of State, in accordance with Section 27 of the New York State Municipal Home Rule Law. Matter underlined is new. Matter in brackets to be deleted. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 150 By: Mr. Thompson ORDINANCE AMENDMENT CHAPTER 154, DISCRIMINATION The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 154 of the Code of the City of Buffalo be amended to read as follows: § 154 -12, Fair Housing Ordinance, Legislative Intent It is the goal of the City of Buffalo to continue efforts to revitalize and strengthen its neighborhoods. The City finds it necessary- to protect the rights of its citizens to equal access to housing, which will help prevent the decline in property values yet ensure housing choices for all residents. 154 -13, Definitions a) Advertising - printing, circulating placing or publishing or causing to be placed or published any written statement, including electronic media, with respect to the availability for sale or rent of a housing accommodation or the listing of a housing accommodation with any person, business or entity which maintains a referral list of available housing_ b) Disability - a physical, mental or medical impairment which substantially limits one or more major life activities: or a record of having such an impairment: or a condition regarded by others as such an impairment: or an association with a person with such an impairment. c) Familial Status - any person who is pregnant or has a child or is the process of obtaining legal custody of an individual who has not attained the age of eighteen years: or one or more individuals who have not attained the age of eighteen years domiciled with a parent or another person having legal custody of such individual or the designee thereof d) Housing Accommodation - any building, structure or portion thereof located within the City of Buffalo which is occupied, intended or designed for occupancy as the home, residence, or sleeping place of one or more persons sharing living quarters. e) Landlord - an owner, lessor, sub - lessor, owner's or lessor's assignee, or managing agent, or other person having the right to sell, rent or lease a housing accommodation constructed, or to be constructed, or any agent or employee thereof. f) Marital Status - single, married, divorced, separated or widowed. g) Military- Status - a person's participation in the United States military or the military- of a state h) National Origin - ancestry. i) Person - one or more individuals, partnerships, associations, corporations, their agents, assigns and representatives. I) Rent - to lease, sublease, to let or to otherwise grant for a consideration the right to occupy a premises not owned by the occupant. k) Sexual Orientation - A person's actual or perceived homosexuality, heterosexuality, or bisexuality. 1) Gender Identity and Expression shall include a person's actual or perceived gender, as well as a person's gender identity, self- image, appearance, expression or behavior, whether or not that gender identity, self- image, appearance, expression or behavior is different than that traditionally associated with the person's sex at birth. m) Source of Income - payments from a lawful occupation or employment, as well as other payments including, but not limited to, public assistance, supplemental security income, pensions, annuities, unemployment benefits, government subsidies such an Section 8 or other housing subsidies. § 154 -14 - Rights of Landlords This chapter does not prohibit a landlord from refusing to rent a housing accommodation to a person if one or more of the following conditions are met: a) The person's source of income is unstable, or insufficient to pay the rent orthe source, of said income is from an unlawful source: or b) The tenant has been unable to make timely rental payments in all or part of the, preceding eighteen months: or c) The person has been the source of past complaints from neighbors in all or part of the preceding eighteen months, except where those complaints can be reasonably attributed to harassment or discriminatory intent: or d) The person intends to occupy the housing accommodation with a larger number of persons than can be accommodated under occupancy standards established by law: or e) For any other reason not prohibited by the laws of the United States, the State of New York or the discriminatory practices set forth in this Chapter, provided that such refusal is based upon legally permitted criteria and those criteria are applied equally to all prospective tenants. § 1154 -15, Promotion of Fair Housing Goals Within 120 days of the effective date of this Ordinance, all landlords owning more than. 20 rental units within the City of Buffalo, and all real estate offices within the City of Buffalo, selling more than 20 residential housing accommodations within a calendar year, shall be required to use the equal opportunity logotype or a statement of equal opportunity housing on applications and marketing materials, and to display in rental or real estate offices a public notice of equal opportunity in housing, § 154 -16, Notification to Multiple Dwelling Owners Every- owner required to obtain a certificate of occupancy as detailed in Buffalo Code §129 -6 shall also complete a certification prior to said certificate of occupancy may be issued that the owner is fully aware of the Fair Housing Ordinance for the City of Buffalo, and has received a copy of said Ordinance. The Department of Permit and Inspection Services shall ensure that such owners receive a copy of the Fair Housing Ordinance § 154 -17 - Unlawful Discriminatory Practices It shall be unlawful for any person or entity engaged in the sale or rental of housing to do the following_ a) Refuse to sell, rent, lease, make unavailable for inspection, sale or rental, or otherwise to deny or withhold from any person or persons housing accommodation because of race, creed, color, national origin, sex, disability, familial status, marital status, age, sexual orientation, gender identity and expression, military status or source of income. b) Discriminate against any person in the terms, conditions or privileges of sale, rental or lease of any housing accommodation or in the furnishing of facilities or services in connection therewith because of race, creed, color, national origin, sex, disability, familial status, marital status, age, sexual orientation, gender identity and expression. military status or source of income. c) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form or application for the purchase, rental or lease of a housing accommodation or to make any record or inquiry in connection with the prospective purchase, rental or lease of a housing accommodation which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, sex, disability, familial status, marital status, age, sexual orientation, gender identity and expression, military status or source of income. d) To induce or attempt to induce any person to sell or rent any housing accommodation by representations regarding the entry or prospective entry into the neighborhood of persons of a particular race, creed, color, national origin, sex, disability, familial status, marital status, age, sexual orientation, gender identity and expression, military- status or source of income. e) Refusal to permit, at the expense of a person with disabilities, reasonable modifications of existing premises, if such modifications may be necessary to afford such person full enoyment of the housing accommodation, and a refusal to make reasonable accommodations in rules, policies, practices or services which may be necessary to afford a person with disabilities equal opportunity to use and end the housing accommodation. f) To incite, compel or coerce the doing of any acts forbidden by this Chapter, or to retaliate or discriminate against any person or entity because that person or entity has filed a complaint or testified or assisted in any proceeding commenced under this g) For any bank, savings or loan association, insurance company or other entity whom— business consists in whole or part of the making of loans and arranging of financing for housing or secured by real property or the issuance of property insurance to discriminate in the issuance or terms and conditions of a loan or insurance policy because of race, creed, color, national origin, sex, disability, familial status, marital status, age, sexual - orientation, gender identity and expression, military status or lawful source of income. § 154 -18, Exemptions The provisions of this Chapter shall apply to all housing accommodations within the Cil3— of Buffalo as well as land zoned for residential uses except the following_ The rental of a housing accommodation in a building that contains housing accommodations for not more than two households living independently if the owner resides in one of the dwelling units: b) The restriction of the rental of rooms in a housing accommodation to persons of the same sex. c) The rental of a room or rooms in a housing accommodation designed in such a way that the occupants would be required to share part of their living quarters with another occupant or occupants not of their own choice: and d) Restriction of the sale, rental or lease of a housing accommodation exclusively to persons 55 years of age or older and their spouses with respect to age and familial status only: 154 -19. Enforcement a) The Mayor of the City of Buffalo shall designate a Fair Housing Officer to receive, investigate and /or refer complaints under this Chapter to a qualified fair housing enforcement agency certified to investigate and handle fair housing complaint. b) Any person or organization, whether or not an aggrieved party, may file with the Fair Housing Officer a complaint alleging violation of this Chapter within one year from the: date of the occurrence. Such complaint shall be in writing, and in such form as required by the Fair Housing Officer. c) The Fair Housing Officer shall notify the accused party within thirty (30) days of the date of the filing of the complaint, and request the accused party to answer the complaint in writing within twenty (20) days after the mailing of such notice. The date of the mailing of the Fair Housing Officer's notification shall be endorsed thereon. The Fair Housing Officer shall, thereafter, make a prompt investigation in connection with the: complaint sufficient to determine whether there is probable cause to establish discriminatory conduct. d) If, in the judgment of the Fair Housing Officer, a conciliation agreement would satisfactorily resolve the complaint, he /she shall include in such agreement provisions requiring the accused party to refrain from unlawful discriminatory practices, and may include such compensation and /or affirmative relief as is agreed upon by the parties. Conciliation agreements shall not be subject to confidentiality agreements. e) Within 120 days of the date of the filing of the complaint, the Fair Housing Officer shall conclude the investigation and determine whether there is probable cause to support a finding of discriminatory conduct by the accused party under this Chapter, and refer the matter as detailed in section 154 -20 below. 154 -20, Penalties Upon certification by the Fair Housing Officer that there has been an affirmative finding of probable cause of discriminator7 practice, the Fair Housing Officer may_ a) request the Corporation Counsel to file an action against the accused party, in a court of competent jurisdiction, seeking the imposition of the following penalties: 1) A fine not exceeding One Thousand Five Hundred Dollars ($1,500) for each offense, with each act of discrimination being considered a separate offense: and /or 2) Revocation or suspension of any license of permit issued by the City of Buffalo, necessary to the operation of the housing accommodation(s) in question. and any other equitable relief necessary to effect the purposes of this Chapter: and /or 3) All costs, expenses and disbursements incurred by the City of Buffalo in effecting compliance with this Chapter: and /or 4) Such other relief directed by a court of appropriate jurisdiction; and /or b) request a qualified fair housing enforcement agency to commence a civil action or proceeding for injunctive relief, damages, and other appropriate relief in law or equity against a person who violates this Chapter. In any such action or proceeding, the court, in its discretion may allow the party- commencing such action or proceeding, if such party prevails, a reasonable attorney's fee as part of the costs. c) The Corporation Counsel may seek a Contempt Order from a court of appropriate jurisdiction if necessary', to enforce a conciliation agreement or penalties imposed under this Chapter. § 154 -21, Annual Report The Fair Housing Officer shall prepare an annual report detailing the work performed including a statistical analysis of the caseload, a summary of dispositions of complaints filed and /or referred to housing agencies, and recommendations regarding fair housing practices. This report shall be submitted to the Mayor and filed with the City Clerk no later than March 1st of each year. Copies shall also be sent to the Commissioner of the New York State Division of Human Rights, the Attorney General of the State of New York, and the Secretary of the United States Department of Housing and Urban Development. §154 -22, other Remedies Nothing in this Chapter shall limit or abridge the right of a Complainant to pursue any other remedies that may be available under the laws of the State of New York, the United States or any other applicable jurisdiction §154 -23, Construction Nothing in this Chapter shall be construed to invalidate or limit any law of the State of New York, the United States or any other jurisdiction that grants, guarantees or protects the same rights that are granted, guaranteed or protected by this Chapter. § 154 -24, Severability If a court of competent jurisdiction to be invalid shall for any reason, adjudge any part of this Chapter, such judgment shall not impair or invalidate the remainder of this Chapter. It is hereby certified pursuant to Section 3 -19 of the Charter of the City of Buffalo, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Alisa A. Lukasiewicz Corporation Counsel Matter underlined is new. Matter in brackets to be deleted. REFERRED TO THE COMMITTEE ON LEGISLATION. By: Mr. Thompson NO. 151 ORDINANCE AMENDMENT (AMENDED) CHAPTER 154, DISCRIMINATION The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 154 of the Code of the City of Buffalo be amended to read as follows: § 154 -12, Fair Housing Ordinance, Legislative Intent It is the goal of the City of Buffalo to continue efforts to revitalize and strengthen its neighborhoods. The City finds it necessary- to protect the rights of its citizens to equal access to housing, which will help prevent the decline in property values yet ensure housing choices for all residents. 154 -13, Definitions a) Advertising- printing, circulating, placing or publishing or causing to be placed or published any written statement, including electronic media, with respect to the availability for sale or rent of a housing accommodation or the listing of a housing accommodation With any person, business or entity which maintains a referral list of available housing_ b) Disability - a physical, mental or medical impairment which substantially limits one or more major life activities: or a record of having such an impairment: or a condition regarded by others as such an impairment: or an association with a person with such an impairment. c) Familial Status - any person who is pregnant or has a child or is the process of obtaining legal custody of an individual who has not attained the age of eighteen years: or one or more individuals who have not attained the age &eighteen years domiciled with a parent or another person having legal custody of such individual or the designee thereof d) Housing Accommodation - any building, structure or portion thereof located within the City of Buffalo which is occupied, intended or designed for occupancy as the home, residence, or sleeping place of one or more persons sharing living quarters. e) Landlord - an owner, lessor, sub - lessor, owner's or lessor's assignee, or managing agent, or other person having the right to sell, rent or lease a housing accommodation constructed, or to be constructed, or any agent or employee thereof f) Marital Status - single, married, divorced, separated or widowed. g) Military Status - a person's participation in the United States military or the military 9f a state h) National Origin - ancestry. i) Person - one or more individuals, partnerships, associations, corporations, their agents, assigns and representatives. I) Rent - to lease, sublease, to let or to otherwise grant for a consideration the right to occupy a premises not owned by the occupant. k) Sexual Orientation - A person's actual or perceived homosexuality, heterosexuality, or bisexuality. 1) Gender Identity and Expression shall include a person's actual or perceived gender, as well as a person's gender identity, self- image, appearance, expression or behavior, whether or not that gender identity, self- image, appearance, expression or behavior is different than that traditionally associated with the person's sex at birth. m) Source of Income - payments from a lawful occupation or employment, as well as other payments including, but not limited to, public assistance, supplemental security income, pensions, annuities, unemployment benefits, government subsidies such as Section 8 or other housing subsidies. § 154 -14 - Rights of Landlords This chapter does not prohibit a landlord from refusing to rent a housing accommodation to a person if one or more of the following conditions are met: a) The person's source of income is unstable, or insufficient to pay the rent or the source &said income is from an unlawful source: or b) The tenant has been unable to make timely rental payments in all or part of the preceding eighteen months: or c) The person has been the source of past complaints from neighbors in all or part of the preceding eighteen months, except where those complaints can be reasonably attributed to harassment or discriminatory intent: or d) The person intends to occupy the housing accommodation with a larger number of persons than can be accommodated under occupancy standards established by law: or e) For any other reason not prohibited by the laws of the United States, the State of New York or the discriminatory practices set forth in this Chapter, provided that such refusal is based upon legally permitted criteria and those criteria are applied equally to all prospective tenants. § 154 -15, Promotion of Fair Housing Goals Within 120 days of the effective date of this Ordinance, all landlords owning more than 20 rental units within the City of Buffalo, and all real estate offices within the City of Buffalo, selling more than 20 residential housing accommodations within a calendar year, shall be required to use the equal opportunity logotype or a statement of equal opportunity housing on applications and marketing materials, and to display in rental or real estate offices a public notice of equal opportunity in housing. §154 -16, Notification to Multiple Dwelling Owners Every- owner required to obtain a certificate of occupancy as detailed in Buffalo Code § 129 -6 shall also complete a certification prior to said certificate of occupancy may be issued that the owner is fully aware of the Fair Housing Ordinance for the City of Buffalo, and has received a copy of said Ordinance. The Department of Permit and Inspection Services shall ensure that such owners receive a copy of the Fair Housing Ordinance. § 154 -17 - Unlawful Discriminatory Practices It shall be unlawful for any person or entity engaged in the sale or rental of housing to do the following_ a) Refuse to sell, rent, lease, make unavailable for inspection, sale or rental, or otherwise to deny or withhold from any person or persons housing accommodation because of race, creed, color, national origin, sex, disability, familial status, marital status, age, sexual orientation, gender identity and expression, military status or source of income. b) Discriminate against any person in the terms, conditions or privileges of sale, rental or lease of any housing accommodation or in the furnishing of facilities or services in connection therewith because of race, creed, color, national origin, sex, disability, familial status, marital status, age, sexual orientation, gender identity and expression, military- status or source of income. c) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form or application for the purchase, rental or lease of a housing accommodation or to make any record or inquiry in connection with the prospective purchase, rental or lease of a housing accommodation which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, sex, disability, familial status, marital status, age, sexual orientation, gender identity and expression, military status or source of income. d) To induce or attempt to induce any person to sell or rent any housing accommodation by representations regarding the entry or prospective entry into the neighborhood of persons of a particular race, creed, color, national origin, sex, disability, familial status, marital status, age, sexual orientation, gender identity and expression, military- status or source of income. e) Refusal to permit, at the expense of a person with disabilities, reasonable modifications of existing premises, if such modifications may be necessary to afford such person full enoyment of the housing accommodation, and a refusal to make reasonable accommodations in rules, policies, practices or services which may be necessary to afford a person with disabilities equal opportunity to use and end the housing accommodation. f) To incite, compel or coerce the doing of any acts forbidden by this Chapter, or to retaliate or discriminate against any person or entity because that person or entity has filed a complaint or testified or assisted in any proceeding commenced under this M For any bank, savings or loan association, insurance company or other entity whose business consists in whole or part of the making of loans and arranging of financing for housing or secured by real property or the issuance of property insurance to discriminate in the issuance or terms and conditions of a loan or insurance policy because of race, creed, color, national origin, sex, disability, familial status, marital status, age, sexual orientation, gender identity and expression, military status or lawful source of income. § 154 -18, Exemptions The provisions of this Chapter shall apply to all housing accommodations within the City of Buffalo as well as land zoned for residential uses except the following_ a) The rental of a housing accommodation in a building that contains housing accommodations for not more than two households living independently if the owner resides in one of the dwelling units; b) The restriction of the rental of rooms in a housing accommodation to persons of the same sex; c) The rental of a room or rooms in a housing accommodation designed in such a way that the occupants would be required to share part of their living quarters with another occupant or occupants not of their own choice; and d) Restriction of the sale, rental or lease of a housing accommodation exclusively to. persons 55 years of age or older and their spouses with respect to age and familial status only. 154 -19, Enforcement a) The Mayor of the City of Buffalo shall designate a Fair Housing Officer to receive, investigate and /or refer complaints under this Chapter to a qualified fair housing enforcement agency certified to investigate and handle fair housing complaints. b) Any person or organization, whether or not an aggrieved party, may file with the Fair Housing Officer a complaint alleging violation of this Chapter within one year from the date of the occurrence. Such complaint shall be in writing, and in such form as required by the Fair Housing Officer. c) The Fair Housing Officer shall notify the accused party within thirty (30) days of the date &the filing of the complaint, and request the accused party to answer the complaint in writing within twenty (20) days after the mailing of such notice. The date of the mailing of the Fair Housing Officer's notification shall be endorsed thereon. The Fair Housing Officer shall, thereafter, make a prompt investigation in connection with the complaint sufficient to determine whether there is probable cause to establish discriminatory conduct. d) If, in the judgment of the Fair Housing Officer, a conciliation agreement would satisfactorily resolve the complaint, he /she shall include in such agreement provisions requiring the accused party to refrain from unlawful discriminatory practices, and may include such compensation and /or affirmative relief as is agreed upon by the parties. Conciliation agreements shall not be subject to confidentiality agreements. e) Within 120 days of the date of the filing of the complaint, the Fair Housing Officer shall conclude the investigation and determine whether there is probable cause to support a finding of discriminatory- conduct by the accused party under this Chapter, and refer the matter as detailed in section 154 -20 below. 154 -20, Penalties Upon certification by the Fair Housing Officer that there has been an affirmative finding of probable cause of discriminatory practice, the Fair Housing Officer may_ a) request the Corporation Counsel to file an action against the accused party, in a court &competent jurisdiction, seeking the imposition &the following penalties: 1) A fine not exceeding One Thousand Five Hundred Dollars ($1,500) for each offense, with each act of discrimination being considered a separate offense: and /or 2) Revocation or suspension of any license of permit issued by the City of Buffalo, necessary to the operation of the housing accommodation(s) in question. and any other equitable relief necessary to effect the purposes of this Chapter: and /or 3) All costs, expenses and disbursements incurred by the City of Buffalo in effecting compliance with this Chapter: and /or 4) Such other relief directed by a court of appropriate jurisdiction; and /or b) request a qualified fair housing enforcement agency to commence a civil action or proceeding for injunctive relief, damages, and other appropriate relief in law or equity against a person who violates this Chapter. In any such action or proceeding, the court, in its discretion may allow the party commencing such action or proceeding, if such party prevails, a reasonable attorney's fee as part of the costs. c) The Corporation Counsel may seek a Contempt Order from a court of appropriate jurisdiction if necessary, to enforce a conciliation agreement or penalties imposed under this Chapter. d) The aggrieved party may commence a civil action or proceeding for injunctive relief, damages, and other appropriate relief in law or equity against a person who violates this Chapter. In any such action or proceeding, the court, in its discretion, may allow for the party commencing such action or proceeding, if such party prevails, a reasonable attorney's fee as part &the costs. § 154 -21, Annual Report The Fair Housing Officer shall prepare an annual report detailing the work performed including a statistical analysis of the caseload, a summary of dispositions of complaints filed and /or referred to housing agencies, and recommendations regarding fair housing practices. This report shall be submitted to the Mayor and filed with the City Clerk no later than March 1 St of each year. Copies shall also be sent to the Commissioner of the New York State Division of Human Rights, the Attorney General of the State of New York, and the Secretary of the United States Department of Housing and Urban Development. 154 -22, Other Remedies Nothing in this Chapter shall limit or abridge the right of a Complainant to pursue any other remedies that may be available under the laws of the State of New York, the United States or any other applicable jurisdiction. 154 -23, Construction Nothing in this Chapter shall be construed to invalidate or limit any law of the State of New York, the United States or any other jurisdiction that grants, guarantees or protects the same rights that are granted, guaranteed or protected by this Chapter.§ 154 -24, Severability If any part of this Chapter shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not impair or invalidate the remainder of this Chapter. It is hereby certified pursuant to Section 3 -19 of the Charter of the City of Buffalo, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Matter underlined is new. Matter in brackets to be deleted. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 152 BY: MR. THOMPSON ORDINANCE AMENDMENT CHAPTER 154, DISCRIMINATION (AMENDED The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 154 of the Code of the City of Buffalo be amended to read as follows: § 154 -12, Fair Housing Ordinance, Legislative Intent It is the goal of the City of Buffalo to continue efforts to revitalize and strengthen its neighborhoods. The City finds it necessary to protect the rights of its citizens to equal access to housing, which will help prevent the decline in property values vet ensure housing choices for all residents. 154 -13, Definitions a) Advertising - printing, circulating placing or publishing or causing to be placed or published any written statement, including electronic media, with respect to the availability for sale or rent of a housing accommodation or the listing of a housing accommodation with any person, business or entity which maintains a referral list of available housing_ b) Disability - a physical, mental or medical impairment which substantially limits one or more major life activities: or a record of having such an impairment: or a condition regarded by others as such an impairment: or an association with a person with such an impairment. c) Familial Status - any person who is pregnant or has a child or is the process of obtaining legal custody of an individual who has not attained the age of eighteen years: or one or more individuals who have not attained the age of eighteen years domiciled with a parent or another person having legal custody of such individual or the designee thereof. d) Housing Accommodation -any building, structure or portion thereof located within the City of Buffalo which is occupied, intended or designed for occupancy as the home, residence, or sleeping place of one or more persons Sharing living quarters. e) Landlord - an owner, lessor, sub - lessor, owner's or lessor's assignee, or managing agent, or other person having the right to sell, rent or lease a housing accommodation constructed, or to be constructed, or any agent or employee thereof. f) Marital Status - single, married, divorced, separated or widowed. M Military Status - a person's participation in the United States military or the military -of a state h) National Origin - ancestry. i) Person - one or more individuals, partnerships, associations, corporations, their agents, assigns and representatives. I) Rent - to lease, sublease, to let or to otherwise grant for a consideration the right to occupy a premises not owned by the occupant k) Sexual Orientation - A person's actual or perceived homosexuality, heterosexuality, or bisexuality. 1) Gender Identity and Expression shall include a person's actual or perceived gender, as well as a person's gender identity, self- image, appearance, expression or behavior, whether or not that gender identity, self- image, appearance, expression or behavior is different than that traditionally associated with the person's sex at birth. m) Source of Income - payments from a lawful occupation or employment, as well as other payments including, but not limited to, public assistance, supplemental security income, pensions, annuities, unemployment benefits, government subsidies such as Section 8 or other housing subsidies. § 154 -14 - Rights of Landlords This chapter does not prohibit a landlord from refusing to rent a housing accommodation to a person if one or more of the following conditions are met: a) The person's source of income is unstable, or insufficient to pay the rent or the source of said income is from an unlawful source: or b) The tenant has been unable to make timely rental payments in all or part of the preceding eighteen months: or c) The person has been the source of past complaints from neighbors in all or part of the preceding eighteen months, except where those complaints can be reasonably attributed to harassment or discriminatory intent: or d) The person intends to occupy the housing accommodation with a larger number of persons than can be accommodated under occupancy standards established by law: or e) For any other reason not prohibited by the laws of the United States, the State of New York or the discriminatory practices set forth in this Chapter, provided that such refusal is based upon legally permitted criteria and those criteria are applied equally to all prospective tenants. 1154 -15, Promotion of Fair Housing Goals Within 120 days of the effective date of this Ordinance, all landlords owning more than 20 rental units within the City of Buffalo, and all real estate offices within the City of Buffalo, selling more than 20 residential housing accommodations within a calendar year, shall be required to use the equal opportunity logotype or a statement of equal opportunity housing on applications and marketing materials, and to display rental or real estate offices a public notice of equal opportunity in housing. 154 -16, Notification to Multiple Dwelling Owners Every owner required to obtain a certificate of occupancy as detailed in Buffalo Code 129 -6 shall also complete a certification prior to said certificate of occupancy mat be issued that the owner is fully aware of the fair housing ordinance for the City of Buffalo and has received a co of said Ordinance The Department of Permit and in section Services shall ensure that such owners receive a co of the Fair Housing Ordinance. § 154 -17 - Unlawful Discriminatory Practices It shall be unlawful for any person or entity engaged in the sale or rental of housing to do the following" a) Refuse to sell, rent, lease, make unavailable for inspection, sale or rental, or otherwise to deny or withhold from any person or persons housing accommodation because of race, creed, color, national origin, sex, disability, familial status, marital status, age, sexual orientation, gender identity and expression, military status or source of income. b) Discriminate against any person in the terms, conditions or privileges of sale, rental or lease of any housing accommodation or in the furnishing of facilities or services in connection therewith because of race, creed, color, national origin, sex, disability, familial status, marital status, age, sexual orientation, gender identity and expression, military status or source of income. c) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form or application for the purchase, rental or lease of a housing accommodation or to make any record or inquiry in connection with the prospective purchase, rental or lease of a housing accommodation which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, sex, disability, familial status, marital status, age, sexual orientation, gender identity and expression, military status or source of income. d) To induce or attempt to induce any person to sell or rent any housing accommodation by representations regarding the entry or prospective entry into the neighborhood of persons of a particular race, creed, color, national origin, sex, disability, familial status, marital status, age, sexual orientation, gender identity and expression, military status or source of income. e) Refusal to permit, at the expense of a person with disabilities, reasonable modifications of existing premises, if such modifications may be necessary to afford such person full enoyment of the housing accommodation, and a refusal to make reasonable accommodations in rules, policies, practices or services which may be necessary to afford a person with disabilities equal opportunity to use and end the housing accommodation. f) To incite, compel or coerce the doing of any acts forbidden by this Chapter, or to retaliate or discriminate against any person or entity because that person or entity has filed a complaint or testified or assisted in any proceeding commenced under this M For any bank, savings or loan association, insurance company or other entity whose business consists in whole or part of the making of loans and arranging of financing for housing or secured by real property or the issuance of property insurance to discriminate in the issuance or terms and conditions of a loan or insurance policy because of race, creed, color, national origin, sex, disability, familial status, marital status, age, sexual orientation, gender identity and expression, military status or lawful source of income. § 154 -18, Exemptions The provisions of this Chapter shall apply to all housing accommodations within the City of Buffalo as well as land zoned for residential uses except the following_ a) The rental of a housing accommodation in a building that contains housing accommodations for not more than three households or less living independently if the owner resides in one of the dwelling units; b) The restriction of the rental of rooms in a housing accommodation to persons of the same sex c) The rental of a room or rooms in a housing accommodation designed in such a way that the occupants would he required to share part of their living quarters with another occupant or occupants not of their own choice; and d) Restriction of the sale, rental or lease of a housing accommodation exclusively to persons 55 years of age or older and their spouses with respect to age and familial status only. 154 -19, Enforcement a) The Mayor of the City of Buffalo shall designate a Fair Housing Officer to receive, investigate and /or refer complaints under this Chapter to a qualified fair housing enforcement agency certified to investigate and handle fair housing complaints. b) Any person or organization, whether or not an aggrieved party, may file with the Fair Housing Officer a complaint alleging violation of this Chapter within one year from the date of the occurrence. Such complaint shall be in writing, and in such form as required by the Fair Housing Officer. c) The Fair Housing Officer shall notify the accused party within thirty (30) days of the date of the filing of the complaint, and request the accused party to answer the complaint in writing within twenty (20) days after the mailing of such notice. The date of the mailing of the Fair Housing Officer's notification shall be endorsed thereon. The Fair Housing Officer shall, thereafter, make a prompt investigation in connection with the complaint sufficient to determine whether there is probable cause to establish discriminatory conduct. d) If, in the judgment of the Fair Housing Officer, a conciliation agreement would satisfactorily resolve the complaint, he /she shall include in such agreement provisions requiring the accused party to refrain from unlawful discriminatory practices, and may include such compensation and /or affirmative relief as is agreed upon by the parties. Conciliation agreements shall not be subject to confidentiality agreements ..... e) Within 120 days of the date of the filing of the complaint, the Fair Housing Officer shall conclude the investigation and determine whether there is probable cause to support a finding of discriminatory conduct by the accused party under this Chapter, and refer the matter as detailed in section 154 -20 below. 154 -20, Penalties Upon certification by the Fair Housing Officer that there has been an affirmative finding of probable cause of discriminatory practice, the Fair Housing Officer may_ a) request the Corporation Counsel to file an action against the accused party, in a court of competent jurisdiction, seeking the imposition of the following penalties: 1) A fine not exceeding One Thousand Five Hundred Dollars ($1,500) for each offense, with each act of discrimination being considered a separate offense; and /or 2) Revocation or suspension of any license of permit issued by the City of Buffalo, necessary to the operation of the housing accommodation(s) in question, and any other equitable relief necessary to effect the purposes of this Chapter; and /or 3) All costs, expenses and disbursements incurred by the City of Buffalo in effecting compliance with this Chapter; and /or 4) Such other relief directed by a court of appropriate jurisdiction; and /or b) request a qualified fair housing enforcement agency to commence a civil action or proceeding for injunctive relief, damages, and other appropriate relief in law or equity against a person who violates this Chapter. In any such action or proceeding, the court, in its discretion may allow the party commencing such action or proceeding, if such party prevails, a reasonable attorney's fee as part of the costs. c) The Corporation Counsel may seek a Contempt Order from a court of appropriate jurisdiction if necessary, to enforce a conciliation agreement or penalties imposed under this Chapter. d) The aggrieved party may commence a civil action or proceeding for injunctive relief, damages, and other appropriate relief in law or equity against a person who violates this Chapter. In any such action or proceeding, the court, in its discretion, may allow for the party commencing such action or proceeding, if such party prevails, a reasonable attorney's fee as part of the costs. § 154 -21, Annual Report The Fair Housing Officer shall prepare an annual report detailing the work performed including a statistical analysis of the caseload, a summary of dispositions of complaints filed and /or referred to housing agencies, and recommendations regarding fair housing practices. This report shall be submitted to the Mayor and filed with the City Clerk no later than March 1 of each year. Copies shall also be sent to the Commissioner of the New York State Division of Human Rights, the Attorney General of the State of New York, and the Secretary of the United States Department of Housing and Urban Development. 154 -22, Other Remedies Nothing in this Chapter shall limit or abridge the right of a Complainant to pursue an,[ other remedies that may be available under the laws of the State of New York, the United States or any other applicable jurisdiction. 154 -23, Construction Nothing in this Chapter shall be construed to invalidate or limit any law of the State of New York, the United States or any other jurisdiction that grants, guarantees or protects the same rights that are granted, guaranteed or protected by this Chapter. § 154 -24, Severability If any part of this Chapter shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not impair or invalidate the remainder of this Chapter. It is hereby certified pursuant to Section 3 -19 of the Charter of the City of Buffalo, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Matter underlined is new. Matter in brackets to be deleted Corporation Counsel Alisa A. Lukasiewicz REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 153 BY: MR. THOMPSON AND MR. DAVIS RE: REQUEST FOR CITY OF BUFFALO TO PERFORM M/WBE UTILIZATION DISPARITY STUDY Whereas: The Buffalo Common Council adopted and the Mayor signed into law on January 1, 2005 an Ordinance Amendment to Chapter 96 of the Code of the City of Buffalo; and The new amendment read as follows: The advertisement inviting bids for doing work or improvements or the furnishings of machine, supplies, or equipment shall be among other things state that the bidder must submit with a bid a statement indicating that the bidder will work toward a minority workforce goal of 25% and women workforce goal of 5 %. In addition, a statement must be submitted indicating that the bidder will work toward a business utilization goal for minority business enterprise of 25% and women business enterprise of 5 %. These goals shall be utilized for all purchasing, professional services, and construction contracts. In addition, all departments and the City of Buffalo agencies must include in all bid specifications the minority workforce and business utilization goals as stated in this section; and Whereas: Quarterly reports should be generated to monitor performance; and Whereas: These reports should ultimately identify areas of strengths as well as areas of needed improvement within the City of Buffalo. Now, Therefore Be It Resolved That: This Common Council hereby requests that the Mayor and the Law Department create a MM/BE Utilization Disparity Study to be presented in April 2006 regarding all respective City of Buffalo departments, agencies, and offices; and Now, Therefore Be It Finally Resolved That: This Common Council also hereby requests that this item be referred to the Committee on Legislation, the Law Department, the Department of Public Works, BURA, BERC, BMHA, the Board of Education, and the Buffalo Sewer Authority for their responses by the next meeting of the Common Council on Tuesday, April 18, 2006. Antoine M. Thompson REFERRED TO THE SPECIAL COMMITTEE ON MBEC, THE CORPORATION COUNSEL, THE COMMISSIONER OF PUBLIC WORKS, BURA, BERC, BMHA, AND THE BOARD OF EDUCATION NO. 154 BY: MR. THOMPSON RE: REQUEST OF BOND FUNDS FOR DEMOLITION OF KENSINGTON HEIGHTS Whereas: The Kensington Heights property, located at 32 Glenny Drive, is owned by the Buffalo Municipal Housing Authority and the State of New York, and has been vacant for over 20 years; and Whereas: The site has been a haven for illegal dumping, vermin infestation, illegal and criminal activity, asbestos, lead paint, and much more; and Whereas: The vacant and dilapidated property not only serves as an aesthetic eyesore to the surrounding community which includes ECMC, Dr. Lydia T. Wright School of Excellence, Gleuny Park, but also as a public safety hazard; and Whereas: The Dr. Lydia T. Wright School of Excellence P.S. #89 was a multi - million dollar renovation under Phase I of the JSCB Project; and Whereas: The property is needed for community and economic redevelopment. Now, Therefore Be It Resolved That: This Common Council hereby requests that the City of Buffalo Comptroller's Office, the Commissioner of Economic Development, the Executive Director of Strategic Planning, and the Mayor of Buffalo make $5 million dollars available in Bond Funds for demolition of Kensington Heights; and Now, Therefore Be It Finally Resolved That: This Common Council also hereby requests that copies of this resolution are forwarded to the Comptroller's Office, the Office of Demolition, the Office of the Commissioner of Economic Development, the Erie County Industrial Development Agency, The City of Buffalo Control Board, the Buffalo Niagara Partnership, the Buffalo Municipal Housing Authority, the Office of Strategic Planning, and the Mayor's Office. Antoine M. Thompson REFERRED TO THE SPECIAL COMMITTEE ON BUDGET NO. 155 BY: ANTOINE M. THOMPSON 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, 2006, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo Scott Steinwald John Shred Jr William Licata Laurie Sears Michael LoCurto Kim Petrie ADOPTED NO. 166 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hail, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, April 11, 2006 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, April 11, 2006 at 10:00 o'clock A.M. Committee on Legislation Tuesday, April 1 I, 2006 at 2:00 o'clock P.M Committee on Comm. Dev. A.M. Wednesday, April 12, 2006 at 10:30 o'clock Special Committees MBEC A.M. in Room 1417 City Hall Monday, April 10, 2006 at 10:00 o'clock (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. 167 ADJOURNMENT On a motion by Mr. Bonifacio, Seconded by MR. Fontana the Council adjourned at 3:45 pm GERALD CHWALINSKI CITY CLERK CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO SPECIAL SESSION MONDAY, MARCH 27, 2006 AT 10:30 A.M. PRESENT : Council President Franczyk and Council Members Bonifacio, Davis, Fontana, Kearns -5 ABSENT: Councilmembers Golombek, Russell & Thompson -3. NO. 1 CALL FOR SPECIAL SESSION Mr. Gerald A. Chwalinski City Clerk 1308 City Hall Buffalo, New York Dear Mr. Chwalinski: Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated March 22, 2006 presented to you herewith, I hereby call a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on March 27, 2006 at 10:30 A.M. for the following purposes: To receive and take appropriate action on All Items Relating To 1. Appoint Delaware District Councilmember Yours very truly, David A. Franczyk President of the Council Mr. David A. Franczyk President, Common Council Dear Sir: We, the undersigned members of the Common Council, hereby request that you call a Special Meeting of the Common Council, pursuant to Section 3.9 of the Charter of the City of Buffalo, for the following purpose: To receive and take appropriate action on All items pertaining to 1. Appoint Delaware District Councilmember We request that this Special Meeting be held on March 27, 2006 at 10:30 A.M. Richard Fontana Michael Kearns Dominic J. Bonifacio Jr. Antoine Thompson Bonnie E. Russell Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit: DOMINIC BONIFACIO BRIAN DAVIS RICHARD FONTANA JOSEPH GOLOMBEK JR. MICHAEL KEARNS BONNIE E. RUSSELL ANTOINE THOMPSON hereby agrees that he /she received twenty -four (24) hours' notice of the time and purpose of the Special Meeting of the Common Council duly called to be held on March 27, 2006 at 10:30 a.m. STATE OF NEW YORK COUNTY OF ERIE) ss: CITY OF BUFFALO) On this 22nd day of March 2006, before me, the subscribers, personally appeared All Councilmembers To me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same. Gerald A. Chwalinski My Commission Expires 12/31/06 TO EACH MEMBER OF THE COMMON COUNCIL: YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated February 21, 2006, DAVID A. FRANCZYK, President of the Common Council, has called a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on Monday, March 27, 2006 at 10:30 A.M. for the following purpose: To receive and take appropriate action on all items relating to 1) Appoint Delaware District Councilmember. Yours very truly, Gerald A. Chwalinski City Clerk RECEIVED AND FILED NO. 2 RECESS On a motion by Mr. Bonifacio, seconded by Mr. Davis, the Council recessed until Tuesday, March 28, 2006 at 1:00 P.M. to continue the deliberations on filling the Delaware District Councilmember vacancy. ADOPTED. GERALD A. CHWALINSKI CITY CLERK CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO SPECIAL SESSION MONDAY, MARCH 28, 2006 AT 1:00 P.M. PRESENT : Council President Franczyk and Council Members Bonifacio, Davis, Fontana, Kearns, Golombek, Russell & Thompson -8. NO. 1 RECONVENE RECESSED SESSION At 1:00 P.M., the Common Council reconvened with the following members present: Councilmembers Bonifacio, Davis, Fontana, Franczyk, Golombek, Kearns, Russell, Thompson -8. Absent -0. Seconded by Mrs. Russell CARRIED RECEIVED AND FILED BY: MR. BONIFACIO NO. 2 DISCHARGE COW- VARIOUS -REQ. TO FILL VACANT DELAWARE SEAT (ITEM #57, CCP 3/21/06) (ITEM #58, CCP 3/21/06) (ITEM #63, CCP #3/21/06) (ITEM #53, CCP 3/7/06) Mr. Bonifacio moved that Whereas, the above item is currently tabled in the Committee of the Whole and, Whereas, it is no longer necessary for these items to be considered by that committee, Now Therefore Be It Resolved, that this Common Council does hereby discharge the Committee from further consideration of these items, and these items are now before the Common Council for its consideration. Seconded by Mr. Golombek Mr. Bonifacio now moved to Adopt Discharge and Receive and File the above items. Seconded by Mr. Thompson ADOPT By: Mr. Bonifacio NO. 3 APPOINTMENT OF DELAWARE DISTRICT COUNCILMEMBER WHEREAS: Section 25 of the Charter of the City of Buffalo authorizes the Common Council to fill a vacancy in the office of District Councilmember by appointment of a qualified resident of the same political party and district as the district councilmember whose place is vacant; and WHEREAS: A vacancy exists in the office of the Delaware District Councilmember; and Mr. Bonifacio placed in nomination the name of Mr. Michael LoCurto for the office of Delaware District Councilmember, Seconded by Mr. Fontana The Council now voted on the Nomination of Michael LoCurto as Councilmember for the Delaware District. A vote being taken, each member of the Common Council, as their name was called, announced their choice as follows: Mr. Bonifacio Mr. Davis Mr. Fontana Mr. Franczyk Mr. Golombek Mr. Kearns Mrs. Russell Mr. Thompson Mr. Michael J. LoCurto having received the majority of votes is hereby elected as Councilmember of the Delaware District. ADOPTED. NO. 4 ADJOURNMENT On a motion by Mr. Bonifacio, seconded by Mr. Mr. LoCurto , the Council adjourned at 1 :20 P.M. GERALD A. CHWALINSKI CITY CLERK