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HomeMy WebLinkAbout06-0516No.10 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO MAY16 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, MAY 16, 2006 AT 2:00 P.M. PRESENT — David A. Franczyk, President of the Council, and Council Members Bonifacio, Davis, Fontana, Golombek, Kearns, LoCurto, Russell and Thompson — 9. ABSENT —None On a motion by Mr. Bonifacio seconded by Mr.Fontana, the minutes of the stated meeting held on May 2, 2006 were approved. FROM THE MAYOR FROM THE MAYOR- EXECUTIVE DEPARTMENT NO.1 TRAILBLAZING SIGNS IN HONOR OF SISTER KAREN KLIMCZAK The Office of the Mayor respectfully requests Your Honorable Body's approval in authorizing the Department of Public Works to install trailblazing signs along Grider Street between East Delavan Avenue and Litchfield Avenue to read "Sister Karen Klimczak Way" in honor of Sister Karen Klimczak, who tragically lost her life last month. Sister Karen's lifelong pursuit of peace and commitment to nonviolence was unequaled and an inspiration to us all. As a Sister of St. Joseph and leader of the Bissonette House in the City of Buffalo, Sister Karen's mission was greater than community service- it was about changing lives. She loved and helped when others would not. She never lost faith and her spirit was never broken. Sister Karen embodied the truest spirit of the City of Good Neighbors," for which we are all eternally grateful. Sister's Karen's life was cut short, but her memory and mission will carry on. Mr. Bonifacio moved: That the above communication from the Mayor dated May 10, 2006, be received and filed; and That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to install trailblazing signs beneath the existing street signs on Grider Street between East Delavan and Litchfield Avenues proclaiming that portion as "Sister Karen Klimczak Way." Passed AYES — 9 NOES — 0 FROM THE DIVISION OF CITIZEN SERVICES NO. 2 CITY OF BUFFALO FAIR HOUSING OFFICE REPORT OF INCEDENTS OF BIAS 1996 -2006 Report to the Buffalo City Council 5/12/2006 From the Buffalo Fair Housing Office Reported complaints of alleged discrimination 1996 - 2005 1996 -11 Complaints 1997 -12 Complaints 1998 - 8 Complaints 1999 - 8Complaints 2000 -11 Complaints 2001 - 9 Complaints 2002- 7Complain1s 2002 - 9 Complaints 2003 -10 Complaints 2004 -11 Complaints 2005- 70omplairis 2006- 30omplairis Note: In 2005 the Fair Housing received 1056 request for assistance from the citizens of Buffalo from that number it was determined that only7 ofthecallswere possible incident of bias and they immediately sent on to the Fair Housing contract agencies Housing Opportunities Made Equal or Neighborhood Legal Services for review and action on complaint, all other calls were handled in house or referred to a appropriate agency. The Buffalo Fair Housing does not has the ability to test a Fair Housing case or to prepare a case for court action; our third party contractors currently carry this out. Please also note that we have attached Housing Discrimination complaint information from two contract agencies. COPYAVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE CITY PLANNING BOARD No. 3 SAVARINO DEVELOPMENT REZONE " EB" AMD "R3" TO "C2" SPECIAL DEVELOPMENT PLAN NO 33 ITEM NO 73 CCP 3/7/2006 ITEM NO 87 CCP 3/21/2006 The City Planning Board has received comments from the Erie County Division of Planning dated March 27, 2006, with respect to the proposed Elmwood Hotel Project, attached to this communication for your information. The City Planning Board had previously received this item from the Erie County Division of Planning., The City Planning Board at its regular meeting held on May 9, 2006 discussed and reviewed Erie County's comments. The Planning Board, as Lead Agency, has determined that the comments of the Erie County Division of Planning were considered and reviewed as part of the prior environmental review conducted with respect to this project pursuant to the SEQRA process and the previously adopted Negative Declaration. The City Planning Board does not recommend or propose any modifications to its Negative Declaration as to this project and reasserts its approval of the project. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE OFFICE OF STRATEGIC PLANNNG NO. 4 Results of Negotiations 1199 East Delavan, East Cor. Ericson Lot Size: 66'x 118' Assessed Valuation: $6,500 1201 East Delavan, 55'E Ericson Lot Size: 30'x 117' Assessed Valuation: $4,200 The Office of Strategic Planning, Division of Real Estate has received a request from The Church of Pentecost, USA, Inc., Buffalo Assembly, Elder Seth Asante, 313 Tremaine Avenue, Kenmore, New York 14217, to purchase 1199 and 1201 East Delavan Avenue. The Church intends to use 1199 and 1201 East Delavan for development in conjunction with the church located at 1219 East Delavan Avenue. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City by the purchaser. The Division of Real Estate has investigated the sale of similar residential properties in the subject area. Sales prices range from One Dollar ($1.00) to Two Dollars ($2.00) per square foot. The results of our negotiations are that The Church of Pentecost, USA, Inc. has agreed and is prepared to pay Ten Thousand Dollars ($10,000), One Dollar ($1.00) per square foot, for the subject properties. The Church has also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal descriptions. I am recommending that Your Honorable Body approve the sale of 1199 and 1201 East Delavan Avenue in the amount of Ten Thousand Dollars ($10,000) to The Church of Pentecost USA, Inc., Buffalo Assembly. I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated May 9, 2006, be received and filed; and That the offer from The Church of Pentecost, USA, Inc., Buffalo Assembly, Elder Seth Asante, 313 Tremaine Avenue, Kenmore, in the sum often thousand dollars ($10,000.00) for the purchases of 1199 and 1201 East Delavan, 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 -9 NOES-0 NO.6 Response - Marge Cole Request to Purchase 126 Grace Street Item #46, C.C.P. 5/2106 The above referenced item has been favuarded to this office fora response. The item is a letter from Marge Cole of 120 Grace regarding her interest in acquiring 126 Grace Street from the City of Buffalo. The property was acquired by the City of Buffalo through tax foreclosure in October 2005. The property consists of a 11/2 story single family dwelling in poor condition and is scheduled for demolition. The lot is 32 x68' and is assessed at $2,900. The combined City and County taxes for the vacant lot would be approximately $81. peryear. The Division of Real Estate will contact Ms. Cole and advise her on how to obtain the vacant lot through purchase. RECEIVED AND FILED FROM THE COMPTROLLER NO. 6 Certificate of Necessity Transfer of Funds Fringe Benefits - Human Resources 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 $250,000 be transferred from Fringe Benefits and reapproriated to Human Resources, as set forth below FROM 17305002 -426000 WORKERS COMPENSTION $100,000 17301002 -421001 HEALTHCARE — RETIREES $150,000 TO 12555006-432002 MEDICAL SERVICES $250,000 RECEIVED AND FILED NO. 7 Certificate of Necessity Increased Appropriation Mayor Gifts and Donations - Human Resources We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -11 of the Charter, that an increase in the sum of $15,000 in the estimate for the fiscal year beginning July 1, 2005 is necessary in the Human Resources Department to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from increased revenue in the Mayor's Gifts & Donations account, not otherwise appropriated for any other purpose. The details of the requirements are set forth below: That, the Comptroller be and hereby is authorized and directed to increase the revenue estimate for account: From: To: To meet the increased appropriation as set forth below: 12553006 - 456011 Recruiting and Employment Expense $15 000 RECEIVED AND FILED NO.8 Mayor's Proposed 2006/2007 Budget We have reviewed the Mayor's proposed budget and are filing our review and summation as required under the Citys Charter. It is our opinion that the Budget appears reasonable in its estimate of the Citys revenues and expenditures. The budget has increased 7% over the prior year, however, most of the increased spending relates to fixed costs such as health care and pension costs as well as utility and overtime costs. We did note that the budget appears conservative in its estimate of duty disability and New York State employee retirement costs, given the actual increases in these categories throughout 2005/2006. The difference between projected actual and historical actual is not material to the financial statements, however, and, as such, are deemed reasonable. Additionally, Payment in Lieu of Taxes (PILOT) has decreased. I would expect, therefore, that property taxes would increase proportionately, however, the budget does not reflect this. The difference, again, is immaterial to the financial statements as a whole. As it is a conservative estimate, it is deemed reasonable. t should also be noted that the Budget uses $7.1 million of fund balance as a resource due to the Buffalo Fiscal Stability Authoritys intercept of $12.7 million of State Aid. This State Aid is intercepted for use in reducing the real property tax burden or for initiatives to permanently reduce or minimize the cost of city government. The use of fund balance allows the Administration to hold property taxes while still covering current expenditures. The use of $7.1 million of State Aid will keep us within GFOA's recommended unreserved fund balance of 5% -15 % of general fund revenues. Based on our review, the Mayor's budget appears conservative both in its' estimate of revenues and of expenditures and is deemed overall to be reasonably stated. REFERRED TO THE SPECIAL COMMITTEE ON BUDGET AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO.9 THIRD QUARTER GAP We have reviewed the Administration's third quarter Gap report and are filing our review and summation as required underthe Citys Charter. It is our opinion that the third quarter Gap report fairly and reasonably represents the Citys revenues and expenditures. On a budgetary basis, the Gap reports a surplus of $3.58 million. This surplus assumes the use of resources of $1.8 million for demolitions and reengineering efforts as well as BFSA assistance of $4.5 million that we cannot include as revenues in the current fiscal year as they were accounted for as revenues in the prior fiscal year, in accordance with Generally Accepted Accounting Principles (GAAP). We still concur, however, on a GAAP basis, that the surplus estimate is reasonable based on the current available information. REFERRED TO THE SPECIAL COMMITTEE ON BUDGET Ia:161kho9:I 1-1-111610 *I-Irril4011 ref kilIlk lffl#Xil NO. 10 Establish a Senior Citizen's Discount for the Buffalo Sewer Fee CCP: May 2, 2006, Item #122 This is in response to the Resolution sponsored by Masten District Councilmember Antoine M. Thompson to "Establish a Senior Citizens Discount for the Buffalo Sewer Fee" As of May 1, 2006, there are 9,595 parcels receiving the Enhanced STAR real property tax exemption which includes 7,231 low- income senior citizens who are also receiving the Senior Citizens real property tax exemption. if this program is approved, we are unable to implement the discount for fiscal year 2006-07 as specified in the Resolution since the taxable status date of December 1, 2005 has passed. The discount if approved will first appear on the July 1, 2007 City Tax and Sewer Rent bill. The sewer "fee" that is attached to the city's tax bill is actually a sewer rent, not a fee, which is predicated on the assessed valuation of a parcel. The Department of Assessment and Taxation provides a service to the Buffalo Sewer Authority of assessing and billing the sewer rent. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 11 Notification Serial #10103 Permissive Parking - Repeal on Bailey Avenue east side between Westminister Avenue and E.Amherst Street University 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 Bailey Avenue eastside between Westminster Ave and E Amherst St 2 hour parking 7 am to 7 pm 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 # 10104 Install Metered Parking on Bailey Avenue, east side between Westminster Avenue and E.Amherst Street (excluding existing No Parking and No Standing areas) University 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 Rate of Metered Parking Period of Metered Parking Rate of Metered Parking Bailey Ave, eat side 2 hr parking Rate B Between Westminster Ave 8 am to 5 pm $.50 per hour and E.Amherst Street Monday- Saturday 2 hr maximum (excluding existing No Parking and No Standing areas) This action is being taken to clarify zones and rates for metered parking. Notification Serial #10106 Permissive Parking- Repeal on Bailey Avenue west side between Midway Avenue [and E.Amherst Street University 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 Bailey Ave west side 2 hour parking Between Midway Ave 7A.M. to 7P.M. And E Amherst St 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 # 10106 InstallMetered Parking on Bailey Avenue, west side between Midway Avenue and E.Amherst Street (excluding existing No Parking and No Standing areas) University 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 This action is being taken to clarify zones and rates for metered parking. Metered Parking Locations Period of Metered Parking Rate of Metered Parking Bailey Ave, west side 2 Hour Parking Rate B between Midway Ave 8:00 am to 5:00 pm $50 per day and EAmherst St Monday — Friday 2 hour maximum (excluding existing No Parking and No Standing areas) Notification Serial #10107 Permissive Parking- Repeal on Bailey Avenue both sides between E.Amherst Street and Hewitt Avenue University District PERMISSIVE PARKING - REPEALIn 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 excluding existing No Parking and No Standing zones) This action is being taken to clarify zones and rates for metered parking.. PERMISSIVE PARKING PERIOD OF PERMISSIVE PARKING -DAILY Bailey Ave both sides 2 hour parking Between E Amherst St 7 am to 7pm And Hewill Ave Except Sunday Notification Serial # 10108 Install Metered Parking on Bailey Avenue, both sides between E.Amherst Street and Hewitt Avenue (excluding existing No Parking and No Standing areas) University 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 Bailey Ave, both side 2 Hour Parking Rate B between E Amherst St 8:00 am to 5:00 pm $50 per day and Hewittt St 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 # 10109 Install No Parking on Auburn Avenue, north side between Delaware Avenue and a point 170 feet west therefrom Delaware District NO 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 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Auburn Avenue, north side At all times between Delaware Avenue and a point 170 feet west therefrom This action is being taken at the request of Kaleida Health to provide safer ingress and egress at this location. NO STANDING - 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 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD West Seneca Street, north side between Pearl Street At all times. Notification Serial # 10110 Repeal No Standing on West Seneca Street, north side between Pearl Street and Main Street (Ellicott District) and Main Street This action is being taken in order to provide new short term metered parking spaces in conjunction with the Downtown Buffalo Parking Infrastructure Task Force study to provide more user - friendly on- street parking in Downtown Buffalo. Notification Serial # 10111 Repeal No Parking on Seneca Street, north side between Main Street and Washington Street (Ellicott District) NO PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Seneca Street, north side between Main Street At all times and Washington Street This action is being taken in order to provide new short term metered parking spaces in conjunction with the Downtown Buffalo Parking Infrastructure Task Force study to provide more user - friendly on- street parking in Downtown Buffalo. Notification Serial # 10112 Install Metered Parking on West Seneca Street, north side [between Pearl Street [and Main Street [(excluding existing No Parking [and No Standing areas) (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 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 W Seneca St, North side side 2 Hour Parking Rate C between Pearl St 8:00 am to 5:00 pm $2.00 per day and Main St Monday — Friday 2 hour maximum (excluding existing No Parking and No Standing areas) This action is being taken in order to provide new short term metered parking spaces in conjunction with the Downtown Buffalo Parking Infrastructure Task Force study to provide more user - friendly on- street parking in Downtown Buffalo. Notification Serial # 10113 Install Metered Parking on Seneca Street, north side between Main Street and Washington Street (excluding existing No Parking and No Standing areas) (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 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 Seneca St, North side side 2 Hour Parking Rate C between Main St 8:00 am to 5:00 pm $1.00 per day and Washington St Monday — Friday 2 hour maximum (excluding existing No Parking and No Standing areas) This action is being taken in order to provide new short term metered parking spaces in conjunction with the Downtown Buffalo Parking Infrastructure Task Force study to provide more user - friendly on- street parking in Downtown Buffalo. Notification Serial # 10114 Repeal Metered Parking on Main Street, east side between East Tupper Street and Goodell Street (excluding existing No Parking and No Standing areas) PERMISSIVE PARKING — REPEAL Inconformity with Section 49 of Chapter 479 opf the Ordinances of the City of Buffalo, the City Engineer herby notifies Your Honorable Body of the action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordiances, 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 Chapter 479 of Ordiances of the City of Buffalo be supplemented be repealing there from the following METERED PARKING Metered Parking Locations Period of Metered Parking Rate of Metered Parking Main St east side 8 Hour Parking Rate D between East Tupper St 9:00 am to 5:00 pm $2.00 per day and Goodell St Monday — Friday (excluding existing No Parking and No Standing areas) This action is being taken in conjunction with the Downtown Buffalo Parking Infrastructure Tassk Force study to provide more user friendly on- street parking in Downtown Buffalo Notification Serial # 10116 Install Metered Parking on Main Street, east side between East Tupper Street and Goodell Street (excluding existing No Parking and No Standing areas) 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 Rate of Metered Parking Period of Metered Parking Metered Parking Locations This action is being taken in conjunction with the Downtown Buffalo Parking Infrastructure Task Force study to provide more user - friendly on- street parking in Downtown Buffalo. Notification Serial # 10116 Repeal Metered Parking on Main Street, west side Between West Tupper Street and a point 260' north of West Tupper Street This action is being taken in conjunction with the Downtown Buffalo Parking Infrastructure Task Force study to provide more user - friendly on- street parking in Downtown Buffalo. (excluding existing No Parking and No Standing areas) 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 29 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: METERED PARKING Metered Parking Locations Period of Metered Parking Rate of Metered Parking Main Street, west side 8 Hour Parking Rate D between West Tupper Street 9:00 am to 5:00 pm $2.00 per day and a point 260' north of West Tupper Street Monday - Friday (excluding existing No Parking and No Standing areas) This action is being taken in conjunction with the Downtown Buffalo Parking Infrastructure Task Force study to provide more user - friendly on- street parking in Downtown Buffalo. Notification Serial # 10117 Install Metered Parking on Main Street, west side Between West Tupper Street and a point 260' north of West Tupper Street (excluding existing No Parking and No Standing areas) 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 Main Street, west side 2 Hour Parking Rate B between West Tupper Street 9:00 am to 5:00 pm $0.50 per hour and a point 260' north of West Tupper Street Monday - Friday 2 hour maximum (excluding existing No Parking and No Standing areas) This action is being taken in conjunction with the Downtown Buffalo Parking Infrastructure Task Force study to provide more user - friendly on- street parking in Downtown Buffalo. Notification Serial # 10118 Repeal Metered Parking on Main Street, west side between a point 260 R north of West Tupper Street and Pearl Street (excluding existing No Parking and No Standing areas) 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 29 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: METERED PARKING Metered Parking Locations Period of Metered Parking Rate of Metered Parking Main Street, west side 2 Hour Parking Rate B between a point 260 ft north of West Tupper Street 9:00 am to 5:00 pm $0.50 per hour and Peari Street Monday - Friday 2 hour maximum (excluding existing No Parking and No Standing areas) This action is being taken in conjunction with the Downtown Buffalo Parking Infrastructure Task Force study to provide more user - friendly on- street parking in Downtown Buffalo. Notification Serial # 10119 Install Metered Parking on Main Street, west side between a point 260 ft north of West Tupper Street and Pearl Street (excluding existing No Parking and No Standing areas) 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 Main Street, west side 2 Hour Parking Rate D between a point 260 ft north of West Tupper Street 9:00 am to 5:00 pm $2.00 per hour and Pearl Street Monday - Friday (excluding existing No Parking and No Standing areas) This action is being taken in conjunction with the Downtown Buffalo Parking Infrastructure Task Force study to provide more user - friendly on- street parking in Downtown Buffalo. RECEIVED AND FILED WAIVE 45 DAYS 10109 -10119 10103 -10108 TO COMMITTEE ON LEGISLATION NO. 12 APOLLO MEDIA CENTER Approval of the attached agreement for operation of the Apollo Media Center is requested of this Honorable Body. The agreement would help address concerns raised by the City's Division of Audit, yet not significantly change or impact current staffing and operations at the Apollo. It would be in effect through June 30, 2006 and not exceed $12,500. It is anticipated that the City will issue an RFP for these services within the next year REFERRED TO THE COMMITTEE ON FINANCE. CORPORATION COUNSEL AND COMPTROLLER. NO. 13 REPORT OF BIDS FIRE ALARM OFFICE ROOF RECONSTRUCTION JOB NO. 0620 ELLICOTT DISTRICT I advertised for on April 17, 2006 and received the following formal bids for the Fire Alarm Office, Roof Reconstruction, on May 9, 2006. Progressive Roofing, Inc. $129,947.00 331 Grote,Buffalo, NY Grove Roofing Services $145,800.00 131 Reading, Buffalo, NY Weaver Metal & Roofing $146,000.00 40 Appenheimer, Buffalo, NY Jameson Roofing Co. Inc. $159,392.00 1649 Fillmore, Buffalo, NY Jos. A. Sanders & Sons $189,643.00 P.O. Box 814, Buffalo, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Progressive Roofing, Inc., with a bid of One Hundred Twenty Nine Thousand Nine Hundred Forty Seven and 001100 Dollars ($129,947.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. Funds for this project are available in 39320406 445100 - Division of Buildings. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 10, 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 Fire Alarm Office, Roof Reconstruction, to Progressive Roofing, Inc., the lowest responsible bidder, in the amount of $129,947.00. Funds for the project are available in 39320406 445100 - Division of Buildings. Passed. AYES -9. NOES -0. NO. 14 REPORT OF BIDS FIRE ENGINE 1, LADDER2 ROOF RECONSTRUCTION JOB N0.0622 ELLICOTT DISTRICT I advertised for on April 25, 2006 and received the following formal bids for Fire Engine 1, Ladder 2, on May 9, 2006. Grove Roofing Services $185,000.00 131 Reading, Buffalo, NY Progressive Roofing, Inc. $186,250.00 331 Grote, Bufalo, NY Jameson Roofing Co. Inc. $226,000.00 1649 Fillmore, Buffalo, NY Weaver Metal & Roofing $232,000.00 40Appenheimer, Buffalo, NY Jos. A. Sanders & Sons $252,473.00 P.O. Box 814, Buffalo, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Grove Roofing Services, with a bid of One Hundred Eighty Five Thousand and 00/100 Dollars ($129,947.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. Funds for this project are available in 39320406 445100 - Division of Buildings. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 10, 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 Fire Engine 1, Ladder 2, Roof Reconstruction, to Grove Roofing Services, the lowest responsible bidder, in the amount of $185,000.00. Funds for the project are available in 39320406 445100 - Division of Buildings. Passed. AYES -9. NOES -0. NO. 16 REPORT OF BIDS FIRE ENGINE #3 ROOF RECONSTRUCTION JOB NO. 0605 ELLICOTT DISTRICT I advertised for on April 17, 2006 and received the following formal bids for Fire Engine #3, Roof Reconstruction, on May 9, 2006. Progressive Roofing, Inc. $115,200.00 331 Grote, Buffalo. NY Grove Roofing Services $115,600.00 131 Reading, Buffalo, NY Weaver Metal & Roofing $129,500.00 40Appenheimer, Buffalo, NY Jos A. Sanders & Sons $129,574.00 P.O. Box 814, Buffalo, NY Jameson Roofing Co., Inc. $131,225.00 1649 Fillmore, Buffalo, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Progressive Roofing, Inc., with a bid of One Hundred Fifteen Thousand Two Hundred and 00 /100 Dollars ($115,200.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. Funds for this project are available in 39320406 445100 - Division of Buildings. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 10, 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 Fire Engine #3, Roof Reconstruction, to Progressive Roofing, Inc., the lowest responsible bidder, in the amount of $115,200.00. Funds for the project are available in 39320406 445100 - Division of Buildings. Passed. AYES -9. NOES -0. NO. 16 REPORT OF BIDS FIRE ENGINE #4 ROOF RECONSTRUCTION JOB NO. 0623 SOUTH DISTRICT I advertised for on April 25, 2006 and received the fdlowing formal bids for Fire Engine #4, Roof Reconstruction, on May 9, 2006. Progressive Roofing, Inc. $136,920.00 331 Grote, Buffalo, NY Grove Roofing Services $145,300.00 131 Reading, Buffalo, NY Weaver Metal & Roofing $151,000.00 40Appenheimer, Buffalo, NY Jameson Roofing Co. Inc. $175,500.00 1649 Fillmore, Buffalo, NY Jos A. Sanders & Sons $190,103.00 PO Box 814, Buffalo, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Progressive Roofing, Inc., with a bid of One Hundred Thirty Six Thousand Nine Hundred Twenty and 00/100 Dollars ($136,920.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. Funds for this project are available in 39320406 445100 - Division of Buildings. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 10, 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 Fire Engine #4, Roof Reconstruction, to Progressive Roofing, Inc., the lowest responsible bidder, in the amount of $136,920.00. Funds for the project are available in 39320406 445100 - Division of Buildings. Passed. AYES -9. NOES -0. NO. 17 REPORT OF BIDS FRANCZYK PARK ENVIRONMENTAL REMEDIATION & PARK RECONSTRUCTION (FILLMORE) I advertised on April 19, 2006 and have received the following bids for the environmental remediation and reconstruction of Franczyk Park, which were publicly opened & read on May 10, 2006. General Contractor Base Bid & Alternates Unit Price Increase' Nature's Way Env. Contractors $1,519,746.75 $1,671,721.43 3553 Crittenden Road Crittenden, NY 14038 Zoladz Construction Co., Inc. $1,910,491.00 $2,101,540.10 PO Box 157 Alden, NY 14004 Pinto Construction Services, Inc. $2,103,084.90 $2,313,393.39 1 Babcock Street Buffalo, NY 14210 1 hereby certify the foregoing is a true and correct statement of the bids received and that Nature's Way Environmental Contractors 3553 Crittenden Road, Crittenden, New York 14038 is the lowest responsible bidder in accordance with the plans and specifications; and that the contract amount is $1,671,721.43" '($1,519,746.75 Base Bid + 10% unit price increase $151,974.68 = Total $1,671,721.43). 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 Engineers estimate for this project was $1,500,000. Funds for this work are available in account 38310206-445100. The New York State Department of Environmental Conservation has awarded a State Assistance Grant, which will reimburse 90% of environmental remediation costs, to the City for this project. These funds will be received upon completion of the project. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 1 1, 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 environmental remediation and reconstruction of Franczyk Park, to Nature's Way Environmental Contractors, the lowest responsible bidder, in the amount of $1,661,721.43 ($1,519,746.75 Base Bid + 10% unit price increase $151,974.68 = Total $1,671,721.43). Funds for the project are available in 38310206- 445100. The New York State Department of Environmental Conservation has awarded a State Assistance Grant, which will reimburse 90% of environmental remediation costs, to the City for this project. Passed. AYES -9. NOES -0. NO. 18 REPORT OF BIDS PLAYGROUNDIMPROVEMENTS DEWEY & ROBERSON (MASTEN) [ advertised on April 28, 2006 and have received the following bids for the construction of Lincoln & Johnson Park Playground Improvements, which were publicly opened & read on May 11, 2006. General Contractor Base Bid Gardenville Landscape & Nursery $75,777.00 3069 Clinton St. West Seneca, NY 14224 Titan Development $84,231.00 8534 Seaman Rd Gasporrt, NY 14067 Gleason's Nursery $92,577.00 4780 Sheridan Dr Williamsville, NY 14221 1 hereby certify the foregoing is a true and correct statement of the bids received and that Gardenville Landscape & Nursery is the lowest responsible bidder in accordance with the plans and specifications; and that the contract amount is $75,777.00 I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. Funds for this work will be available in Capital Project Account #39400106- 445100 Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 11, 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 construction of Lincoln & Johnson Park, to Gardenville Landscape & Nursery, the lowest responsible bidder, in the amount of $75,777.00. Funds for the project are available in Capital Project Account #39400106445100. Passed. AYES -9. NOES -0. NO. 19 REPORT OF BIDS PLAYGROUNDIMPROVEMENTS LINCOLN & JOHNSON PARKS ( ELLICOTT & FILLMORE) [ advertised on April 26, 2006 and have received the following bids for the construction of Lincoln & Johnson Park Playground Improvements, which were publicly opened & read on May 10, 2006. General Contractor Base Bid Gleason's Nursery $79,678.00 4780 Sheridan Drive Williamsvilre, NY 14221 Titan Development $85,975.00 8534 Seaman Road Gasport, NY 14067 1 hereby certify the foregoing is a true and correct statement of the bids received and that Gleason's Nursery is the lowest responsible bidder in accordance with the plans and specifications; and that the contract amount is $79,678.00 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. Funds for this work will be available in Capital Project Account #39400106- 445100. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 11, 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 construction of Lincoln & Johnson Park improvements, to Gleason's Nursery, the lowest responsible bidder, in the amount of $79,678.00. Funds for the project are available in Capital Project Account #39400106- 445100. Passed. AYES -9. NOES -0. NO. 20 REPORT OF BIDS POLICE GARAGE RECONSTRUCT FIRE PROTECTION SYSTEM JOB NO. 0613 ELLICOTT DISTRICT I advertised for on March 28, 2006 and received the following formal bids for the Police Garage, Reconstruct Fire Protection System, on April 18, 2006. Simplex Grinnell $64,850.00 1999 Mt. Read Blvd, Rochester, NY Life Safety Engrd. Systems No Bid 25Tyrd, Buffalo, NY There were no other bids received for this project. I hereby certify that the foregoing is a true and correct statement of all bids received and that Simplex Grinnell, with a bid of Sixty Four Thousand Eight Hundred Fifty and 00 /100 Dollars ($64,850.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. Funds for this project are available in 38321106 445100 - Division of Buildings. Mr. Bonifacio moved: That the above communication -from the Commissioner of Public Works, Parks and Streets dated May 8, 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 Police Garage, Reconstruct Fire Protection System, to Simplex Grinnell, the lowest responsible bidder, in the amount of $64,850.00. Funds for the project are available in 38321106 445100 Division of Buildings. Passed. Ayes -9. Noes -0. NO. 21 CHANGE IN CONTRACT CITY COURT LOBBY CEILING RENOVATIONS JOB #0543 ELLICOTT DISTRICT I hereby submit to Your Honorable Body the following changes for City Court, Lobby Ceiling Renovations, Miller Enterprises, Inc., C #92011093. 1. Level and reconstruct parts of existing oak plank ceiling. Add $ 3,259.00 2 Drywall ceiling to the parking garage. Add $ 603.00 3. Frame in vertical soffit adjacent to the revolving doors and install) an access door. Add $ 700.00 The foregoing change results in a net increase in the contract of Four Thousand Five Hundred Sixty Two and 00/100 Dollars ($4,562.00). Summary: Current Contract Amount $35,000.00 Amount of This Change Order ( #1) Add $ 4,562.00 Revised Contract Amount $39,562.00 Costs have been reviewed by the Consulting Architect (Barton, Hovey, Nardini & Tries) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 35320806 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 April 27, 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. 1, to Miller Enterprises, Inc., an increase in the amount of $4,562.00, as more fully described in the above communication, for work relating to Job No. 0543, City Court, Lobby Ceiling Renovations, C #92011093. Funds for this project are available in 35320806 445100 - Division of Buildings. Passed AYES -9. NOES -0. NO. 22 OHIO STREET LIFT BRIDGE EMERGENCY ROOF REPAIRS FILLMORE DISTRICT After a recent hind wind event a large portion of the rubber roof on the south tower of the Ohio Street Lift Bridge tore and blew off. Due to the scope and magnitude of the necessary repairs, our department took emergency bids as follows: Grove Roofing $40,650.00 Jameson Roofing $49,929.00 Progressive Roofing $74,150.00 hereby certify that the lowest responsible bidder for the above project is Grove Roofing Services, Inc. and respectfully recommend that Your Honorable Body order the work. I am requesting the cost thereof to be charged to the O &M Account #13111006-443200, in the amount of $44,715.00 ($40,650.00 + 10% unit price increase of $4,065.00). Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 11, 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 Ohio Street Lift Bridge, to Grove Roofing Services, Inc., the lowest responsible bidder, in the amount of $44,715.00 ($40,650.00 + 10% unit price increase of $4,065.00). Funds for the project are available in O &M Account #13111006 443200. Passed. AYES -9. NOES -0. NO. 23 USE OF PARKING LOT -WALDEN NEAR BAKOS BLVD. ITEM NO. 60, C.C.P. 04118/06 The referenced Item was sent to this office for comment. The parking lot referred to in the March 31, 2006 communication from Laidlaw Education Services is part of Scajaquada Park. Responsibility for this park was transferred to the County of Erie as part of our Intermunicipal Agreement. I suggest that Laidlaw be referred to the Erie County Parks Commissioner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 24 RESOLUTION FOR THE MARGARET L. WENDT FOUNDATION GRANT FOR M.L.K. WADING POOL RESTORATION (MASTEN) This Department has been awarded a $500,000.00 Grant for Phase II of the Martin Luther King Jr. Wading Pool Restoration from The Margaret L. Wendt Foundation. In order for the City to receive the $500,000.00 grant, a resolution to accept these funds must be approved as follows: LET IT BE RESOLVED: That the Commissioner of Public Works, Parks and Streets of the City of Buffalo is hereby authorized and directed to execute an agreement for funds in an amount not to exceed $500,000.00 with the Margaret L. Wendt Foundation for financial assistance to the City of Buffalo for supporting Phase I I of the Martin Luther King Jr. Park Wading Pool Restoration. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 11, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets of the City of Buffalo, be, and he hereby is authorized and directed to execute an agreement for funds in an amount not to exceed $500,000.00 with the Margaret L. Wendt Foundation for financial assistance to the City for supporting Phase II of the Martin Luther King Jr. Park Wading pool Restoration. Passed. AYES -9. NOES -0. NO. 25 RESUBMISSION- VULCAN ST. RECONSTRUCTION PAY CITY OF BUFFALO COST SHARE NORTH DISTRICT #83 OF 11/29/03 This item is a resubmission by our department in order to pay the City share of costs for the reconstruction of Vulcan St. between Kenmore Ave. and Tonawanda St. The total costs to be paid by the city to Erie County, amount to $641,241.29 and the total cost of the project was $1,968,189.94. The City share of costs consists of the $500,000.00 Capital Budget item and an additional $141,241.29 in environmental remediation costs. Permission is therefore being requested from Your Honorable Body to authorize a one time final payment to Erie County in the amount of $641,241.29. Funds are available in Capital Project Accounts #38310706,38310206 and 30032106. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 11, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized and directed to a one time final payment to Erie County in the amount of $641,241.29 for the City's share of costs for the reconstruction of Vulcan Street. Funds for this project are available in Capital Project Accounts #38310706, 38310206 and 30032106. This payment is conditioned upon the County providing a response no later than June 16, 2006 to the City's request for information on the status of the County's obligation for reimbursing the City for repair and maintenance including snow plowing of various roadways in the City. In the event the County does not respond, the City reserves all rights and legal remedies with respect to this payment. Passed. AYES -9. NOES -0. NO. 26 CERTIFICATE OF APPOINTMENT Appointment Effective May 8, 2006 in the Department of Public Works, Parks & Streets, Division of Water, to the position of Assistant Filtration Plant Operator, Temporary at the maximum starting salary of $33,350. Richard Ammerman 289 Abby Street Buffalo, New York 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Iy :IQ L Vi11111:1NEK6Lrihril1-1-11IQ0114ZKOIaa1:7:4 NO. 27 PURCHASE OF EMS VEHICLE We are requesting approval to purchase a Suburban for the on-duty Emergency Medical Services Officer of the Buffalo Fire Department. This vehicle will be for on -duty department use only and not assigned to an individual to take home. The funds are available through our capital outlay EMS budget. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE CORPORATION COUNSEL NO. 28 BOARD OF EDUCATION'S USE OF RECORD CENTER - 85 RIVER ROCK DRIVE ITEM NO. 48, C.C.P., FEB. 21, 2006 The attached agreement is in response to the Council's request that the Corporation Counsel draft a legal document on behalf of the City Clerk's Office to enter into an agreement with the Buffalo Board of Education for their use of the Buffalo City Clerk's Record Center located at 85 River Rock Drive, Suite 300B. Mr. Bonifacio moved: That the Common Council hereby authorizes the City Clerk to execute the Memorandum of Understanding with the Buffalo Board of Education regarding the sublet and record storage fees at 85 River Rock Drive. PASSED. AYES -9. NOES -0. FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 29 103 and 105 Doat street Item No. 64, C.C.P. 4/18/2006: I am in receipt of the above stated Common Council Communication and wish to supply your Honorable Body with the following information. 101 Doat Street has been identified for demolition and is awaiting a survey for asbestos containing material. 105 Doat has been written for housing court and has a warrant issued for the arrest of the owner. 101 Doat Street will be entered into the system and will be demolished after bids are taken in July. 105 Doat will be referred back to housing court for a possible demolition hearing. As you are aware we have a large inventory of buildings to be demolished and we will make every attempt to accommodate this request REFERRED TO THE COMMITTEE ON LEGISLATION NO. 30 FOOD STORE LICENSE 905 ELMWOOD (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 905 Elmwood 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 April 26, 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 Leon Sereday, located at 905 Elmwood Avenue. PASSED AYES - 9 NOES -0 NO. 31 FOOD STORE LICENSE 529 FILLMORE AVE. ( 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 529 Fillmore Ave. 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. 32 FOOD STORE LICENSE 819 GENESEE 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 819 Genesee 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. 33 FOOD STORE LICENSE 260 RHODE ISLAND NIAGARA Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 260 Rhode Island 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 May 9, 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 Mohammed Ahmed, located at 260 Rhode Island. PASSED AYES -9 NOES -0 NO. 34 FOOD STORE LICENSE 827 TONAWANDA (NORTH) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 827 Tonawanda 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 Common Council hereby approves the Food Store License application of Cindy Norton at 827 Tonawanda PASSED AYES - 9 NOES -0 NO. 35 RESTAURANT DANCE LICENSE (RENEWAL) 274 DELAWARE 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 274 Delaware for which said renewal application for a Restaurant Dance Class 1 V 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. 36 RESTAURANT DANCE LICENSE (RENEWAL) 1 MAIN ELLICOTT HARBOR CLUB 100 MAIN CONCOURSE Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 1 Main 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 Apri111, 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 isaulhor¢edto grant a Restaurant Dancing Class III License to Harbor Club 100 Main Concourse, located at 1 Main Street. PASSED AYES -9 NOES —0 NO. 37 RESTAURANT DANCE LICENSE (RENEWAL) 1MAIN EILICOTT) HARBOR CLUB LEVEL 200 Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 1 Main 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 April 11, 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 Harbor Club Level 200, located at 1 Main Street. PASSED AYES -9 NOES -0 NO. 38 SIDEWALK CAFE LICENSE 307 BRYANT NIAGARA The Common Council approved a sidewalk caf6 for the restaurant located at 307 Bryant on June 14, 2005 (C.C.P. #43). The restaurant, formerly known as Vincent's Just Pasta Plus, is now owned by Nicholas Quarantillo and called Just Pasta. Mr. Quarantillo has requested permission to install a similar car& The Department of Permit & Inspection Services has no objection to you Honorable Body authorizing the Commissioner to issue a "mere license" to encroach City right of way provided all conditions in the above mentioned approval are met. Mr. Bonifacio moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated April 26, 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 a "mere license" to Nicholas Quarantillo, applicant, located at 307 Bryant, to install a similar 29 x 9 sidewalk cafe, which would encroach city right -of -way at said address, subject to the conditions as, requested by the Commissioner. PASSED AYES -9 NOES -0 NO. 39 USED CAR DEALER 2331 BAILEY (LOVEJOY) 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 2331 Bailey and fmd 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 David Marion. The attached thereto for David Marion dib /a First Choice Resale. 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 May 11, 2006, be received and filed; and 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 David Marion d /b /a First Choice Resale, located at 2331 Bailey. PASSED AYES -9 NOES -0 NO. 40 USED CAR DEALER 227 PADEREWSKI (FILLMORE) 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 227 Paderewski 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 Jerome Skulski. The attached thereto for Jerome Skulski d /b /a JW Skulski Showroom & Used Car. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 41 USED CAR DEALER 321 HAMPSHIRE(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 321 Hampshire 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 Anthony LaBoy. The attached thereto for Anthony LaBoy d /b /a Excel Motors. This Tvoe Department Head Name: RICHARD M. TOBE Mr. Bonifacio moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated May 1 I, 2006, be received and filed; and 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 Anthony Laboy d /b /a Excel Motors, located at 321 Hampshire with the anticipation that it is used for selling cars and not storage of vehicles PASSED AYES -9 NOES -0 NO. 42 USED CARDEALER 2186 SOUTH PARK (SOUTH) 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 2186 South Park 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 songht 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 Brandi Clark. The attached thereto for Brandi Clark d /b /a GFY Motor Cars. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 43 USED CAR DEALER 285 SWAN ELLICOTT Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 285 Swan 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 Fred it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into themoral character of Robert Leon. The attached thereto for Robert Leon d /b /a Leon's Auto Sales & Service. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL NO. 44 THIRD QUARTERLY REPORT 2005 -2006 ON THE DIVISION OF SUBSTANCE ABUSE SERVICES Rttached, please find the Third Quarterly Report 2005 -2006 on the Division of Substance Abuse Services. REFERRED TO THE SPECIAL COMMITTEE ON BUDGET FROM THE COMMISSIONER OF HUMAN RESOURCESN NO., 45 IOD REPORTS Per your request attached you will find a redacted IOD report for police and fire, effective today, satsdbyla*d neoff. Offt 95 police officers currently on IOD they have lost a total of 60,921 calendar days, the equivalent of 167 full time police officers working a full year. Attached is available for review in The City Clerk's Office REFERRED TO THE COMMITTEE ON BUDGET NO. 46 CONCERNS - NELGHBORHOOD SCHOOLS" (ITEM #60, C. C. P. 5/2/06) Thank you kindly for your correspondence regarding Lincoln Ellicott's application for placement at the Discovery School. Superintendent James A. Williams forwarded Mrs. Ellicott's letter to my attention to be researched and responded to. Please be advised of the following: 1) Kindergarten seats are limited because of Pre -K students that move up. 2) Sibling preference is applicable to those applications that are submitted on time and requested on the application. 3) Proximity preference is applicable for a 1.5 mile radius to those applications that are submitted on time and requested on the application. Discover School #67 assigns 50% of all available seats to neighborhood students and 50% of all seats to city- wide students. - Two (2) Kindergarten scats were available for the 2006/07 school year;, one (1) scat was assigned during the Computerized lottery process to a neighborhood sibling and one (1) seat was assigned to a city -wide sibling. 'The city wide sibling resided on Hillside Avenue14210. -One hundred five (105) students applied for Kindergarten. - Eighteen (18) students are in the neighborhood waiting pool and Thirty -nine (39) students are in the city wide waiting pool. • Lorraine Academy #72 is a city -wide school. -Four (— Kindergarten seats were available for the 2006/07 school year; all four seats were assigned based on proximity preference. -Sixty -one (6 t) students applied for Kindergarten. -Thirty (30) students are in the waiting pool. • Southside Elementary #93 is a city -wide school. -There were no 0— seats available for the 2006/07 school year. - Seventy-six (76) students applied for Kindergarten. - Thirty -four (34) students are in the waiting pool. Although the Ellicott's reside within .7 miles of the school, regrettably their son, Lincoln, was not one of the students selected during the computerized lottery process. I would like to take this opportunity to share with you that School #43, located at 161 Benzinger, will become a Discovery School this fall. School #43, while not as closely located to the Ellicott's home, currently has nine (9) available Kindergarten seats for the fall and would be delighted to have Ellicott join that classroom in September. If I may provide this great City Council with additional information regarding this matter, please do not hesitate to contact me at one of the above locations. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION FROM THE BUFFALO SEWER AUTHORITY NO. 47 BUFFALO SEWER AUTHORITY THOMPSON EST A SENIOR CITIZEN DISCOUNT FOR THE BUFFALO SEWER FEE ITEM #122, C.C.P. 5/2/2006 The following information is provided in response to your letter of May 3, 2006: The Board of the Buffalo Sewer Authoritypassed its 2006/07 budget that includes increased costs for operations. The largest increase in costs is attributable to utilities, chemicals, and health care benefits. The schedule of sewer rents used to balance this budget does not include an increase to the sewer rents for fiscal year 2006/07. There is no provision in the schedule of sewer rents for a senior exemption at this time. However, the Buffalo Sewer Authority does appreciate the financial hardship on our senior citizens. In that regard, the Authority will continue to explore ways to cut costs and improve efficiencies so that we can possibly offer a senior citizen exemption in the future. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE BUFFALO WATER BOARD NO. 48 WATER RATE ANALYSIS & PRELIMINARY PROJECTIONS Attached available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON BUDGET FROM THE CITY CLERK NO. 49 DISPOSITION OF RECORDS The City Clerk's Office, Records Management Division has disposed of 1577 cubic feet of obsolete records, 1,091 cubic feet from the Inactive Records and Research Facility located at 85 River Rock Dr., Suite 301 and 486 cubic feet of records from Buffalo Police Headquarters. The City of Buffalo adopted the New York State Records Retention and Disposition Schedule MU -1 in the year 1991, which is the guide the records program utilized to determine the life of records held within its facility. All rules and regulations are followed during the preparation for destruction of said records and signatures are obtained from each department head whose records are listed below. Records Management also checks with the Department of Audit and Control prior to disposing of any and all financial records scheduled for destruction to ensure that they have been audited prior to obtaining proper signatures. Please note that the Division of Records Management moved into its new location outside of City Hall in 2003. This move required records management staff to coordinate and re- catalog approximately 50,000 cubic feet of records. This placed records management staff two years behind in working on the destruction of obsolete records. The numbers below reflect records that had actually expired in the years 2003 - 2005. Staff is currently working on the year 2006. The following is a list of departments having records scheduled for destruction for the years 2003 -2005 (in cubic feet) Public Works - 48 cu. ft. Administration & Finance - 499 cu. Assessment & Taxation - 3 cu. ft. Common Council - 136 cu. ft. Community Services - 116 cu. ft. Corporation Counsel - 177 cu. ft. Permit & Inspections - 33 cu. ft. Police - 486 cu. ft. Audit & Control - 16 cu. ft. Strategic Planning - 2 cu. ft. Sewer Authority - 35 cu. ft. Human Resources - 16 cu. ft. Community Development - 10 cu. ft. All divisions serviced within each department listed above are included in the overall count (per department) RECEIVED AND FILED. NO. 50 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 1864 Clinton St. No Name Given K. Jones 2126 Seneca St. Brandy's Pub D. Rowland 88 W. Chippewa St. No Name Given J. Alfieri 1680 Elmwood Ave. No Name Given D. Gugino 218 -221 Grant St. Vyce's Liquor R. Pankoke 1435 Hertel Ave. Ace Rangers 11, Inc. No Name Given 117 W. Chippewa St. No Name Given A. D'Aloisio RECEIVED AND FILED NO. 51 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: Public Works, Parks & Streets -D. Sole Police -D. DiVito, R. Delaney RECEIVED AND FILED. NO. 52 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 - 5/3/06 RECEIVED AND FILED. NO. 53 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 May 5, 2006 in the Department of Common Council, Division of City Clerk, to the position of Intern V, Seasonal, at the flat starting salary of $8.00 /hr. Shauna Martin 406 Bird Avenue Buffalo, NY 14213 NO. 64 NOTICES OF APPOINTMENTS - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. ADMINISTRATION, FINANCE & URBAN AFFAIRS Appointment Effective May 8, 2006 in the Department of Administration, Finance and Urban Affairs, Division of Inventory & Stores, to the position of Laborer II, Seasonal, Non - Competitive, at the flat starting salary of $8.15/hr. Michael Brown 293 Woodward Ave. Buffalo, NY 14214 PUBLIC WORKS, PARKS AND STREETS Appointments Effective May 8, 2006 in the Department of Public Works, Parks & Streets to the positions of Laborer II, Seasonal, Non - Competitive, at the flat starting salary of $8.15/hr. Andrew Boyce 131 Eckhert Street Buffalo, NY 14207 Ronnie D. Cason, Jr. 560 Spring Street Buffalo, NY 14204 NO. 66 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 ASSESSMENT AND TAXATION. Appointment Effective May 15, 2006 in the Department of Assessment and Taxation to the position of Junior Data Control Clerk, Temporary Appointment, at the minimum starting salary of $25,677. Keiattiaye Chinn 249 Hoyt Street Buffalo, NY 14213 DEPARTMENT OF COMMUNITY SERVICES Appointment Effective May 1, 2006 in the Department of Community Services, Division of Substance Abuse Services, to the position of Counselor III, Provisional, at the minimum starting salary of $30,555. Lamont Burley 1544 E. Delavan Avenue Buffalo, NY 14215 DEPARTMENT OF PUBLIC WORKS, PARKS AND STREETS Appointment Effective May 9, 2006 in the Department of Public Works, Parks and Streets, to the position of Street Repair Supervisor I, Provisional, at the minimum starting salary of $30,072. Joseph R. LoTempio 34 Rugby Road Buffalo, NY 14216 Appointment Effective May 15, 2006 in the Department of Public Works, Parks and Streets, Division of Water, to the position of Meter Reader, Temporary, at the minimum starting salary of $26,562.00. Cynthia A. Whalen 648 McKinley Pkwy. Buffalo, NY 14220 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NO. 66 BEMC'S REQUEST TO ARRANGE A N —TING TO DISCUSS POSSIBLE COLLABORATION EFFORTS ON SEQRA RELATED ACTIONS Dear Mr. Chwalinski: Please file this letter from the Buffalo Environmental Management Commission at the next meeting of the Common Council on Tuesday May 16, 2006. Thank you. Very Truly Yours, Dominic J. Bonifacio, Jr. Majority Leader Niagara District Couneilmember REFERRED TO THE COMMITTEE ON LEGISLATION NO. 57 LP CIMINELLI BOARD PACKET DOCUMENTS 5/1/06 Attached are the following documents from the May 1, 2006 Joint Schools Construction Board Meeting: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated April 3, 2006 3 Fully executed Phase II Application and Certificate for Payment No. 18 - March 2006 4 Phase ll Applicabon and CertificEte ibr Payment No. 19 -Ap il2006 5 Program Packaging and Development Services (PPDS) Provider Update 6 Phase II Procurement Schedule dated April 21, 2006 7. Phase I I Buffalo Public Schools Program Bid Package Schedule / Target Dates / Status 8 Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase 11 Project - March 2006 9. Summary of Career Path Meeting of April 6, 2006 RECEIVED AND FILED NO. 58 HYDRO AIR COMPONENTS, INC. PROJECT SEQR LEAD AGENCY DESIGNATION Dear Councilman Franczyk: As you are aware, prior to the implementation of the above - referenced project, the requirements of the New York State Environmental Quality Review Act (SEAR) must be satisfied. The project, as defined by SEAR, is a Type I Action for which a coordinated review will be completed. As per Section 617.6 of the regulations, an agency responsible for determining the effect of this project on the environment must be designated from among the involved agencies within 30 calendar days of the date of this letter. You have been identified as an interested or involved agency. The ECIDA proposes to assume Lead Agency status for this project. The project Environmental Assessment Form is enclosed for your review. If your agency has no objections to the designation of ECIDA as Lead Agency, please sign this letter and return it to my office at 275 Oak Street, Buffalo, New York 14202. In addition, if you are agreeable to ECIDA acting as Lead Agency please forward all questions, comments or concerns regarding the project to my attention. Please also advise if you agency has initiated any environmental analysis of this project to date. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, AND THE COMMISSIONER OF ECONOMIC DEVELOPMENT, PERMITS AND INSPECTIONS NO. 59 ALLENTOWN ASSOCIATION REAUTHORIZATION OF CHAPTER 511 - ARTICLE XXVII- RESTRICTED USE PERMIT Dear Mr. Chwalinski, Please file the attached item for further discussion at the next Common Council session to be held May 16, 2006. Thank in advance for your assistance in this matter. Sincerely, Brian C. Davis Ellicott District Councilmember We write you today in reference to the proposed reauthorizaflon of Chapter 511- Article XXVII - Restricted Use Permit. This piece of legislation is crucial to providing citizen input and review of development affecting their neighborhoods. The intent of this article is very much in line with the efforts of the Office of Strategic Planning's Good Neighbors Planning Alliance, which gives voice to communities that for too long have had their fates decided by parties that may not hold a vested interest in the well being of the places where neighbors live, work, and play. However, there are proposed amendments to Article XXVII which the Board of Directors of the Allentown Association has given earnest consideration. Many of the changes recommended by ITF not only bring clarity to the law, but also recognize the important and necessary role that human services facilities provide within our city. There are other changes to the article which may serve to undermine and even erase the legislative intent, which is to provide a balanced distribution of human services in a manner which benefits recipients while holding harmless the communities in which these related facilities reside. It is our belief that the suggested 5% parcel allowance for community service facilities has not been sufficiently justified as an appropriate and meaningful standard and has the potential to render the legislation functionally obsolete by excluding nearly all suggested locations from further review. It is the position of the Board of Directors of the Allentown Association that the original language of the article should be reanthorized for a six - month period. During this time, the council should facilitate collaboration of concerned parties - representing neighborhood organizations, social service agencies, the office of strategic planning, and members of the common council - to produce legislation that is not only legally sound, but serves the best interest of all city residents. Six months will allow for sufficient review of existing conditions across Buffalo, and for and objective analysis of the effects of human service facilities on the social and economic landscape of our city. We do not believe that the interests of each of the groups concerned with Article XXVII are mutually exclusive, nor even dissimilar. We all strive for healthy, safe communities that benefit the well being and advancement of all of our residents and visitors. It is our fear that rushing a long term reanthorization of this ordinance will cause undue conflict, and ultimately, costly legal action. Thank you for your consideration. REFERRED TO ThE COMMITTEE ON LEGISLATION NO. 60 RE: ESTATE OF EVA ANN LIDGE, DECEASED Please file the attached item for further discussion at the next Common Council session to be held May 16, 2006. Thank in advance for your assistance in this matter. Dear Sirs: Please be advised that this office represents the above - referenced Estate of Eva Ann Lidge, Deceased. The estate owns two small parcels of vacant real estate in the City of Buffalo: 150 Pratt (Assessor's Parcel Number: 140200 111.57 -3 -9, and 152 Pratt (Assessor's Parcel Number: 140200 111.57 -3 -8. We would like to be able to close the probate estate proceedings; however, we must first resolve the real estate issues. Our attempts to sell the parcels have not been successful and the decedent's surviving spouse does not wish to take title to these parcels. There are outstanding taxes owed on these two parcels of real estate. Rather than wait for the City of. Buffalo to foreclose on the real estate for non - payment of taxes, the estate would be willing to provide a Deed in Lieu of Foreclosure to convey the parcels back to the City of Buffalo. We Would like to get this transaction completed so that we may move forward with closing the decedents estate. Please take this matter under review and advise me of your response. Thank you for your assistance in this matter. Sincerely REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 61 FUNDING FOR BUFFALO PLACE Dear Mr. Chwalinski, Please file the attached item for further discussion at the next Common Council session to be held May 16, 2006. Thank in advance for your assistance in this matter. I am writing to you on behalf of the Board of Directors of Buffalo Place requesting your support and assistance in securing funding for Buffalo Place in this year's City Contract. As you know, Buffalo Place performs many missions in Downtown, delivering services that are supplemental to what property owners would normally expect for their tax dollars, by way of a special charge levied against property owners m tile 24 -block business improvement district. Buffalo Place also delivers basic services that the City would otherwise be required to provide. We do so in exchange for a fee for services, evidenced by contracts between Buffalo Place and the City of Buffalo. In 2004, as you are aware, the former administration eliminated our funding. In recent meetings with the Brown administration it is apparent that an oversight has taken place that needs to be amended in 1 he Council budget deliberations. I am requesting that you help secure a $60,000.00 City contract for services, which Buffalo Place problems. Please feel free to contact Peter K. Cutler in the Mayor's office for confirmation. If you should have any questions please give me a call. I look forward to your anticipated help in this matter. Thank you. REFERRED TO THE COMMITTEE ON BUDGET NO. 62 B DAVIS 2006 26 BIG CITIES Dear Mr. Chwalinski, Please file the attached item for further discussion at the next Common Council session to be held May 16, 2006. Thank in advance for your assistance in this matter. Sincerely, RECEIVED AND FILED NO. 63 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DIVISION OF ENVIRONMENTAL PERMITS, REGION 9 PROPOSED EMERGENCY REHABILITATION VEHICULAR TRAFFIC PORTION OF THE CANADIAN NATIONAL RAILWAY BRIDGE OVER ROUTE 1 -190 & THE BLACK ROCK CHANNEL CITY OF BUFFALO, ERIE COUNTY This will acknowledge receipt of the "Design Report' dated March 22, 2006 that you submitted for the above -noted project. Thank you for the submission and your patience in answering my questions about the proposed project. The report indicates that the work involved will include replacing deficient structural members, replacing the existing open grate steel bridge deck, replacing bridge railings and curbs, reconstruction of the backwalls at the roadway section only and a mill and overlay on the bridge approach. Please be advised of the following: Please note the Black Rock Channel is classified as navigable and, therefore, regulated under the navigability provisions in Article 15, Title 5 (Protection of Water) of the NYS Environmental Conservation Law. No fill may be excavated from or placed into any navigable waters of the state without a permit issued pursuant to this law. In addition, other structures, such as possible temporary. bridge crossings, mentioned in the report, that may impede or change the flow in the channel or affect the immediate channel banks must be reviewed in advance by this Department for possible required approvals. However, please be aware that project activities (either directly or indirectly) cannot cause contravention of water quality standards. Therefore, appropriate soil and erosion control measures must be utilized during project construction and post construction until the site has been stabilized. The presence of lead found in older paints (pre -1980) is a concern of the Department. The report references that the contractor is to assume that all paint is lead based. Any lead based paint generated during the proposed project should be properly contained so there is no contamination of the surrounding land or water. For guidance on lead, its proper handling and disposal, please contact Mr. Thomas Corbett of this Department (716/851- 7220). You may wish to contact the United States Department of the Army Corps of Engineers' (COE) Buffalo District Office and the U.S. Coast Guard respectively at: (716) 8794330 and (716) 8439315, concerning those agencies jurisdictions or other required approvals. Although the project is identified as an "emergency', it remains unclear whether the vehicular span of the bridge has been or will be dosed to traffic for safety concerns. When will access over the bridge be stopped because of the apparent emergency status required for repairs? Initially, it appears that the proposed emergency repair of the Canadian National Railway Bridge will not require a permit from the Department of Environmental Conservation. I would like written confirmation regarding any proposed temporary access in order to ensure that no Department permits are necessary. Thank you for providing this office the opportunity to review the proposed project. If you have any questions, please feel free to contact Mr. Frank Price of my staff or me at (716) 851 -7165. Respectfully, RECEIVED AND FILED NO. 64 REQ DEMO 209 MACKINAW ST AVAILABLE FOR REVIEW IN THE CITY CLERK'S OFFICE REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF ECONOMIC DEVELOPMENT PERMITS AND INSPECTIONS NO. 66 LEGAL OPINION RURAL /METRO Issue: Does Rural /Metro Medical Services' contract with the City of Buffalo qualify for an exemption from the Living Wage Ordinance? Brief Answer: No, Rural /Metro's contract does not meet any of the three exemption categories. Discussion: Under the Living Wage Ordinance, an employer may be exempted only if it meets one of three criteria: (J) the employer is a non - profit; (ii) the employer is running a seasonal youth program; (iii) application of the Ordinance would violate state or federal law. This last exemption reads as follows "exemptions may be granted where application of this section to a particular contract is found by the city to violate specific state or federal statutory, regulatory or constitutional provision or provisions, and Common Council approves the exemption on that basis." [Emphasis supplied.] In her opinion dated April 23, 2006, the Corporation Counsel states that Rural/Metro "seems to qualify for an exemption;' based on its collective bargaining agreement (CBA) with its employees- She states that "[f]orcing Rural /Metro to renegotiate such a contract would directly violate and interfere with both state and federal law, concerning collective bargaining agreements' In particular, she argues that the National Labor Relations Act (NLRA) provides that a unilateral change in a provision of a CBA, involving a mandatory subject such as wages, is an unfair labor practice because it violates the duty to bargain collectively in good faith. 29 US.C.A.156(d). She does not cite any state laws that would be violated. A city, in its regulatory role, cannot commit an "unfair labor practice' Unfair labor practices are defined as acts committed by employers. 29 U.S.C.A. 158(a). Therefore, Counsel's argument appears to be that by applying its Ordinance, the City would be forcing Rural/Metro to commit an unfair labor practice by paying its employees more than is required by their CBA. [t is an odd idea that an employer complying with a local ordinance requiring it to give its lowest -paid employees a raise would be committing an unfair labor practice- Perhaps the situation would be slightly murkier if the Ordinance had been passed after the City's contract with Rural /Metro and Rural /Metro's CBA with its employees- But the Ordinance preceded them both- In addition, the Ordinance only applies to Rural /Metro because Rural /Metro voluntarily chose to bid for a contract with the City of Buffalo covered by the Ordinance- If the Corporation Counsel's argument were correct, then employers could negotiate collective bargaining agreements violating state minimum wage laws and a host of other state worker protection laws, and then argue that to apply those laws to them would somehow violate the NLRA. The Second Circuit Court of Appeals considered the same issue in a context very similar to that of the Living Wage, when it ruled that sections of New York State's prevailing wage laws dealing with "supplements" were not pre - empted by the NLRA. Following the Supreme Court, the Second Circuit explained that minimum labor standards affecting union and non -union employees alike did not conflict with the collective bargaining process. Conclusion The Supreme Court has made it clear that the application of laws such as the Living Wage Ordinance does not conflict with the NLRA. Hence, applying the Ordinance to Rural /Metro would not "violate" a state or federal law, and Rural /Metro does not qualify for an exemption. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL NO. 66 M KEARNS - SENECA NATION COMPACT Please have the attached presentation from Richard S. Binko filed for the next Common Council meeting. Sincerely, South District Council Member Attached available for review in The City Clerk's Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 67 S. MAGAVERN II- RURAL METRO EXEMPTION Thank you for the opportunity to address the Legislative Committee on the issue of Rural /Metro Medical Services' request for an exemption from the Living Wage Ordinance. At the Common Council Meeting on May 2, some council members posed the question of how we came to be in the current situation, so I would As you know, since 2002 the Living Wage Commission has been charged with monitoring and enforcing the Living Wage Ordinance. To do its job, the Commission has developed forms and procedures and trained all the relevant City departments in their use. One of our main goals, of course, is that every time the Living Wage applies to a contract that the City makes, the Living Wage is a part of the RFP and contracting process. Unfortunately, despite our training efforts, some contracts that are covered or appear to be covered by the Ordinance have been signed without any discussion of the Living Wage. The way we monitor compliance is to review all the City contracts that we can get access to and see if they fall under the Ordinance. If they appear to fall under the Ordinance, we get more information from the City and the employer to make sure. If we think, after this review, that the Ordinance applies, we begin talks with the employer about complying with the Ordinance. To give you a sense of numbers, in 2005 we looked at 134 contracts, of which 3 required investigation. Through this process, a number of employers have come into voluntary compliance with the Ordinance, including Buffalo Civic Auto Ramps, Central Parking, Pro Park, BFI Waste Systems, and Mercantile Adjustment. Their compliance has resulted in raises for roughly 160 employees. All of these employers, once we ex )lained the law fully to them and answered all their questions, complied voluntarily - even though the Living Wage Ordinance had not companies, their contract with the City required them to pay the City, rather than the City paying them. Back on November 8, 2004, the Commission trained then Fire Commissioner D'Orazio on the Living Wage Ordinance. Unfortunately, just two days later, the Fire Department, the Emergency Services Implementation Task Force, and the Mayor's office issued an RF P for ambulance services without including the Living Wage Application for Contract form. The Citythen signed a contract with Rural/Metro with an effective date of March 1, 2005 - again, apparently without discussing the Living Wage. The Living Wage Commission first learned of the contract through a newspaper article in the summer of 2005. After reviewing the contract, the Commission wrote to Rural/Metro on September 19, asking them to come into compliance with the Ordinance. The Commission met with Rural/Metro on October 12, 2005 and February 8, 2006 to attempt to resolve the issue. Rural /Metro took the position that the Ordinance did not apply to them because they were paying the City under the contract, rather than the City paying them. The Commission's legal counsel examined this position at length, but reaffirmed the conclusion that Rural/Metro is covered, because the Ordinance as amended in 2002 explicitly states that it applies to contract in which the City pays or receives over $50,000. Rural /Metro also raised the point that the City apparently did not discuss the Living Wage with them in doing the RFP and Contract. Our counsel reviewed that issue and concluded that, as is nearly always the case with any law, it was Rural /Metro's responsibility to know the City's laws and follow them, without the need for any additional notice from the City. While it certainly would have been good policy for the City to have made the Living Wage a part of the RFP and Contract, the City's failure to do so does not relieve Rural/Metro of its duties under the law. On March 8, 2006, the Commission made a preliminary finding that the Ordinance applies. However, since Rural/Metro still did not agree, the Commission reasoned to hold a public hearing to give Rural /Metro a final opportunity to make its legal arguments and present any evidence it wished that the Ordinance does not apply, before the Commission made final findings and recommendations to the City. That hearing was scheduled for May 10. As you know, Rural /Metro also asked Mayor Brown to request an exemption from the Ordinance from the Common Council, and the Mayor did so, based on an opinion from the Corporation Counsel that Rural /Metro qualified for an exemption because to apply the Ordinance to them would violate state and federal labor laws. Because the Living Wage Commission did not receive this opinion until May 1, we asked the Council on May 2 for time to research that issue and respond. It is not a legal theory that Rural /Metro has ever advanced, and it was new to us. Since May 2, our legal counsel has reviewed it and given us an opinion that Rural /Metro does not qualify for an exemption, because it would not violate any state or federal law to apply the Ordinance to them. We were planning to hold our hearing on May 10. However, on May 8, we received eight grievances from Rural /Metro employees stating that they do not receive a living wage. Therefore, we have offered Rural/Metro to delay the hearing fortwo weeks to give them a chance to respond to this new fact. We will learn soon if they wish for the delay. We have also begun settlement discussions with Rural /Metro and the City to see if there is a new way to resolve the situation. In view of these new developments, and in view of our strong conviction that it would violate the Living Wage Ordinance to grant an exemption, we respectfully request that you table the exemption request. Thank you. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 68 REQ TRAILBLAZING SIGN CLINTON Dear Council President Franczyk and Councilmembers: I am writing on behalf of the Board of Directors and staff of Buffalo Place Inc. to ask for your assistance on an initiative relating to Downtown Buffalo. Having served on the Buffalo Place Board with the late C. Stuart Hunt, I know you are aware that Stuart was a role model and mentor to our Buffalo Place family. C. Stuart Hunt served as Chairman of the Board of Directors of Buffalo Place from 1994 through 1998. Under Mr. Hunt's chairmanship Buffalo Place enjoyed phenomenal growth. Our organization went from a $1.8 million organization to a $3.2 million organization. Beginning in 1997, under Mr. Hunt's leadership and direction, a strong emphasis was placed on increasing landing for special event production. The success of the Thursday at the Square concert series then exploded. Today the concert series continues to reinforce a positive image for Downtown Buffalo. It also provides tens of thousands of Western New Yorkers with a memorable experience throughout the summer months. The economic impact from Thursday at the Square represents $4.4 million annually into the Downtown economy. With Mr. Hunt in the leadership chair a number of other successful initiatives were launched, including Buffalo police Rocks the Harbor, the Americorps Ranger Escort Program and the Park N Go Shuttle Program. Mr. Hunt also supported many of the important access issues that have provided Downtown workers and visitors with a more accessible Downtown. Most notably the list includes the conversion of major streets from one -way to two -way traffic and the creation of both on- street and off - street parking spaces. IB is professional life, Mr. Hunt served as Chairman of Hunt Commercial Real Estate and under Iris leadership the Hunt organization grew into one of the largest commercial /residential real estate organizations in Upstate New York. During the 21 st century the Hunt name became synonymous with Downtown Buffalo. Stuart Hunt's father, Charles Stanley Hunt, made his own mark in real estate and was a difficult in the Brisbane Building for more than 47 years. In 1984 Stuart purchased the Brisbane Building and began a tireless restoration of that beautiful building - a fitting tribute to his late father. Stuart's career spanned more than half a century. His work ethic and professionalism have placed him at the top of the list of most beloved civic leaders of our time. His advancing Downtown Buffalo never wavered. As C. Stuart Hunt made a difference in Downtown Buffalo, we would like to honor his name in a lasting and appropriate way. We are asking your support in adding a trail blazing sign at the corner of Main and Clinton Street. Our intention is not to rename Lafayette Square only the street next to the Square, which would be Clinton Street (between Main Street and Washington Street) along the Brisbane Building to: Stuart Hunt Way I know that you will agree that this is a fitting way to remember our friend. Please let me know if there is any more information 1 can provide you with in an effort to expedite this tribute. RECEIVED AND FILED PETITION NO. 69 M. PIJANOWSKI, AGENT, USE 478 ELMWOOD- EATING /DRINKING ESTABLISHMENT (NIAGARA) (HRG. 5/23) REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARDAND CORPORATION COUNSEL. NO. 70 M. PIJANOWSKI, AGENT, USE 478 ELMWOOD- ENCLOSED IRON FENCED SIDEWALK CAFE (NIAGARA) (HRG.&23) REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARDAND CORPORATION COUNSEL. NO. 71 W. CHOY, OWNER, USE 752 ELMWOOD "KIBARASHI RESTAURANT " - SIDEWALK CAFI— (DEL) (HRG.5/23) REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 72 B. ANDREWS, OWNER, USE 1953 SENECA ST.- RESTAURAWACECREAMPAMIR /OUMOORCAFE W /TWO TABLES (HRG. 5/23) REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 73 C. FAUST, AGENT, USE 807 ELMWOOD- OUTDOOR PATIO /CAFE (DELAWARE) (HRG. 5/23) REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 74 J. ZUEFLE, AGENT, USE 517 WASHINGTON- OUTDOOR PATIO (ELLICOTT) (Name of Agent, Owner) (Address) - (Project) (Phone #)(716) (481 -2529) The attached is for Common Council Approval; but per Permits, no public hearing is required. REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 75 G. GIKAS, AGENT, USE 189 DELAWARE -PLACE AWNING OVER SIDEWALK CAFE (ELLICOTT) (Name of Agent, Owner) (Address) - (Project) (Phone #)(716) (856 -9262) The attached is for Common Council Approval; but per Permits, no public hearing is required. REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 76 CAROL D. COLLARD & O OPPOSE HIGH RISE BUILDING - COLONIAL CIRCLE Please place the enclosed letter /memo on the Common Council Agenda for the May 16, 2006 meeting. I am filing this at the request of my councilman, Michael LoCurto. Thank you. Petition on file in Clerk's Office. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 77 APPOINTMENT EQUIPMENT OPERATOR (INTER) (PW) (ITEM NO, 21 -MAY 2, 2006) That Communication 21, May 2, 2006 be received and filed and the provisional promotion of Charles L. Feldman stated above at the intermediate starting salary of $30,009.00 effective on April 17, 2006 is hereby approved. PASSED AYES -9. NOES -0. NO. 78 APPOINTMENT EQUIPMENT OPERATOR (MAX) (PW) (ITEM NO. 22-MAY 2, 2006) That Communication 22, May 2, 2006 be received and filed and the provisional promotion of William T. Orr, Jr. stated above at the maximum starting salary of $3!,638.00 effective on April 17, 2006 is hereby approved. PASSED AYES -9. NOES -0. NO. 79 APPOINTMENT TRUCK DRIVER (STREETS) (MAX) (PW) (ITEM NO. 23-MAY 2, 2006) That Communication 23, May 2, 2006 be received and filed and the provisional promotion of Shannon V. Long stated above at the maximum starting salary of $30,793.00 effective on April 17, 2006 is hereby approved. PASSED AYES -9. NOES -0. NO. 80 APPOINTMENT REPORT TECHNICIAN (MAX) (POL) (ITEM NO. 27-MAY 2, 2006) That Communication 27, May 2, 2006 be received and filed and the temporary appointment of Carrie Price stated above at the maximum starting salary of $30,213.00 effective on April 3, 2006 is hereby approved. PASSED Ayes -9. Noes -0. FINANCE (BRIAN C. DAVIS, CHAIRMAN) NO. 81 USE CITY -OWNED LOTS - SHINING LIGHT APOSTOLIC MINISTRIES, INC. (ITEM NO. 8, C.C.P., MAY 2, 2006) That the Executive Director of Strategic Planning be, and he hereby is authorized to grant permission to Deacon Kevin Roberson of Shining Light Apostolic Ministries, Inc., 179 Ontario Street, for use of 849 and 853 Tonawanda Street on August 11, 2006 through August 22, 2006, under the terms and conditions as listed in Item No. 8, C.C.P., May 2, 2006 and as contained in the Noise Ordinance with no amplification allowed. Passed. AYES -9. NOES -0. NO. 82 M. CAPPUCCITTI -REQ. ABATEMENT -36 GLENDALE (ASSESS /TAX) ( #19,5/2) That the above item be and the same hereby is referred to the Committee on Claims. ADOPTED NO. 83 DRUG ASSET FORFEITURE WIRE TRANSFERS - $12,614.90 (POL) ( #24,5/2) That the above item be and the same hereby is received and filed. ADOPTED NO. 84 CONTRACTS FOR PARKING MANAGEMENT SERVICES - BUFFALO CIVIC AUTO RAMPS (BCAR) (ITEM NO. 33, C.C.P., NOV. 29, 2005) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Davis moved: That the above item be and the same hereby is recommitted to the Committee on Finance. ADOPTED. NO. 85 COMFORT SUITE PKG. MODIFICATION- AUGSPURGER PKG. RAMP (PKG. BD.) ( #3,4/4) That the above item be and the same hereby is received and filed. ADOPTED NO. 86 PROP. PKG. AGREE. MOD.- COMFORT SUITES /FORMERLY JOURNEY'S END HOTEL /DOWNTOWN BFLO. (#42,12/13) (LAW) ( #61,1/10) That the above item be and the same hereby is received and filed. ADOPTED NO. 87 AMEND LEASE - COMMUNITY ACTION ORGANIZATION, INC. - 422 PRATT STREET (ITEM NO. 9, C.C.P., MAP, 21, 2006) That the Executive Director of Strategic Planning be and he hereby is authorized to amend the lease between the City of Buffalo and the Community Action Organization, Inc., for use of city -owned property located at 422 Pratt Street, subject to the conditions listed in Item No. 9, C.C.P., March 21, 2006 and under the same terms and conditions as the previous lease. That the Corporation Counsel be, and he hereby is authorized to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. Passed. Ayes -9. Noes -0. NO. 88 AMEND LEASE AGREE -422 PRATT ST. ( #16,4/4) (LAW) ( #82,4/18) That the above item be and the same hereby is received and filed. ADOPTED NO. 89 LEASE REVISION - FRIENDS OF THE ELDERLY, YOUTH & FAMILY CTR. (#25,4/4) (LAW) ( #83,4/18) That the above item be and the same hereby is received and filed. ADOPTED NO. 90 LEASE REVISION - FRIENDS TO THE ELDERLY, YOUTH & FAMILY CENTER (#53,3/21) That the above item be and the same hereby is recommitted to the Committee on Finance. ADOPTED NO. 91 OUTSTANDING ACCOUNT RECEIVABLES (A &F) (#48,4/4) That the above item be and the same hereby is received and filed. ADOPTED NO. 92 CERTIORARI PROCEEDINGS - BTNH, INC., DDB /A DELAWARE HEIGHTS NURSING CENTER - 1014 DELAWARE AVENUE (ITEM NO. 30, C.C.P., APR. 18, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Davis Moved: That the Corporation Counsel be, and she hereby is authorized to settle the BTNH, Inc. 2004 -05 certiorari proceeding on 1014 Delaware Avenue by reducing the assessment from $5,000,000 to $4,100,000. The taxpayer will be entitled to a refund of $35,765.89 for the 2004 -2005 tax year. Passed. AYES -9. NOES -0. NO. 93 CERTIORARI PROCEEDINGS - NATIONAL FUEL GAS DISTRIBUTION, INC. - 161 ELM STREET (ITEM NO. 31, C.C.P., APR. 18, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Davis Moved: That the Corporation Counsel be, and she hereby is authorized to settle the National Fuel Gas Distribution, Inc. 2004 -05 and 2005- 2006 certiorari proceeding On 161 Elm Street by reducing the assessment from $220,000 to $200,000. Passed. AYES -9. NOES -0. NO. 94 CERTIORARI PROCEEDINGS - NATIONAL FUEL GAS DISTRIBUTION, INC. - 447 MAIN STREET (ITEM NO. 32, C.C.P., APR. 18, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Davis Moved: That the Corporation Counsel be, and she hereby is authorized to settle the National Fuel Gas Distribution, Inc. 2004 -2005 and 2005 -2006 certiorari proceeding on 447 Main Street by reducing the assessment from 2004 -2005 assessment from $4,000,000 to $1,200,000 and the 2005 -2006 assessment from $4,000,000 to $2,000,000. Passed. AYES -9. NOES -0. NO. 95 CERTIORARI PROCEEDINGS -TOPS MARKETS, LLC - 1716 KENMORE AVENUE (ITEM NO. 33, C.C.P., APR. 18, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Davis Moved: That the Corporation Counsel be, and she hereby is authorized to settle the Tops Markets, LLC 2005 -2006 certiorari proceeding on 1716 Kenmore Avenue by reducing the assessment from $1,200,000 to $975,000. Passed. Ayes -9. Noes -0. NO. 96 BOARD OF EDUCATION'S USE OF RECORD CENTER -300 RIVER ROAD (C. CLK.) (#48,2/21) That the above item be and the same hereby is received and filed. ADOPTED LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 97 M. GOLDMAN, PETITION TO USE 244 ALLEN STREET - SIDEWALK CARE (ITEM NO. 68, C.C.P., APR. 18, 2006) (ITEM NO. 79, C.C.P., MAY 2, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the petition of M. Goldman, agent, for permission to use 244 Allen Street for aside walkcare be, and hereby isapproved. Passed. Ayes -9. Noes -0. NO. 98 D. WILCOX, PETITION TO USE 827 TONAWANDA - ILLUMINATED POLE SIGN (ITEM NO. 70, C.C.P., APR. 18, 2006) (ITEM NO. 81, C.C.P., MAY 2, 2006) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved: That the petition of D. Wilcox, agent, for permission to use 827 Tonawanda Street for an illuminated pole sign 5' x 10' by 20' high to read "Dollar General ", be, and hereby is denied. Adopted. NO. 99 LOCAL LAW INTRO. NO. 12 (2006) DEPARTMENT OF ECONOMIC DEVELOPMENT AND PERMIT AND INSPECTION SERVICES (ITEM NO. 111, C.C.P., MAY 2, 2006) That after the hearing before the Committee on Legislation on May 9, 2006, the Local Law as contained in Item No. 111, C.C.P., May 2, 2006, be and the same hereby is approved. Passed Ayes -9. Noes -0. NO. 100 ORDINANCE AMENDMENT - CHAPTER 194 -FOOD STORES (ITEM NO. 113, C.C.P. MAY 2,2006) That after the hearing before the Committee on Legislation on May 9, 2006, the Ordinance Amendment as contained in Item No. 113, C.C.P., May 2, 2006, be and the same hereby is approved. Passed AYES -9. NOES -0. NO. 101 EXEMPTION FROM LIVING WAGE ORDINANCE FOR RURAL /METRO MEDICAL SERVICES REQUEST (ITEM NO. 1, C.C.P., MAY 2, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Bonifacio made a motion to have Councilmember Fontana abstain from voting. Seconded by Mrs. Russell ADOPTED Ayes -9. Noes -0. Mr. Bonifacio made a motion to recommit said item to the Committee on Legislation. Seconded by Mr. Davis. ADOPTED Ayes - Bonifacio, Davis, Franczyk, Kearns, Russell -5 Noes - Golombek, LoCurto, Thompson -3. NO. 102 R. FONTANA -NEW SEX - OFFENDER LAW MANDATES RELOCATION (#44,5/2) That the above item be and the same hereby is received and filed. ADOPTED NO. 103 J. AZZARELLA- FOREVER ELMWOOD- SPECIAL USE LAW- ZONING ( #39,5/2) That the above item be and the same hereby is received and filed. ADOPTED NO. 104 S. BISSONETTE -CAZ. REC. SYSTEMS, INC. -SPEC. RESTRICTED USE PERMIT (#40,5/2) That the above item be and the same hereby is received and filed. ADOPTED NO. 105 H. LANEY -PEER CON NECTION - COMMENTS -OPP. RESTRICTED USE PERMIT ( #51,5/2) That the above item be and the same hereby is received and filed. ADOPTED NO. 106 L. STEPHENS -USE PERMIT FOR HUMAN SERVICES FACILITIES ( #58, 5/2) That the above item be and the same hereby is received and filed. ADOPTED NO. 107 C. THOMAS - ARGUMENT AGAINST THE PROP. BFLO. REST. USE ORDINANCE ( #58,5/2) That the above item be and the same hereby is received and filed. ADOPTED NO. 108 S. VAN DE GENACHTE- COMMENTS - RESTRICTED USE PERMIT ORDINANCE (#62,5/2) That the above item be and the same hereby is received and filed. ADOPTED NO. 109 P. WES P-COM M ENTS-RESTRICTED USE PERMIT ORDINANCE ( #63,5/2) That the above item be and the same hereby is received and filed. ADOPTED NO 110 FOOD STORE LICENSE -1200 HERTEL (ITEM NO. 28, C.C.P., MAY 2, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the above item be and the same hereby is recommitted to the Committee on Legislation. ADOPTED NO. 111 M. RODRIGUEZ - RENEWAL OF TELECOM MUNICAITONS LICENSE (ITEM NO. 66, C.C.P., MAY 2, 2006) That the Director of the Office of Telecommunications, Utilities and Franchises, pursuant to Section 3.1 of the present license be, and he hereby is authorized to renew the Telecommunications License with Fibertech Networks and the City for a consecutive five(5) years. Passed. AYES -9. NOES. NO. 112 RECYCLING AT LARGE EVENTS (ITEM NO. 126, C.C.P., OCT. 4, 2005) That this Common Council will work with other city departments and agencies to create effective large event recycling legislation that would reduce the demand for costly landfill space and encourage the conservation of valuable natural resources. Adopted. NO. 113 ORDINANCE AMENDMENT - CHAPTER 511 - ZONING ( #139,4/4) (HRG. 4/18) That the above item be and the same hereby is received and filed. ADOPTED NO. 114 K. PETERSON - PARKSIDE COMM. ASSN. -SUPP. ARTICLE XXVII- SECTION 511 -136 ZONING ORDINANCES ( #65,4/18) That the above item be and the same hereby is received and filed. ADOPTED NO. 115 FOOD STORE LICENSE- 1304 JEFFERSON (ITEM NO. 33, C.C.P., DEC. 27, 2005) That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Yousef Yafai located at 1304 Jefferson Avenue. Passed. AYES -9. NOES -0. NO. 116 FOOD STORE LICENSE - 1199 SENECA STREET (ITEM NO. 38, C.C.P., APR. 4, 2006) That the above item be and the same hereby is recommitted to the Committee on Legislation. ADOPTED. COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRMAN) NO. 117 RESPONSE - LAIDLAW REQ. -USE PKG. LOT - WALDEN AVE. (LOVEJOY) (STRAT. PLAN.) ( #9,5/2) That the above item be and the same hereby is received and filed. ADOPTED NO. 118 B. DAVIS -R. MCCAULEY- INFO.- REDEVELOPMENT OF 878 MAIN ST. ( #63,4/4) That the above item be and the same hereby is received and filed. ADOPTED RESOLUTIONS NO. 119 By: Mr. Davis REGULATING BOUNCERS /DOORMEN Whereas: The City of Buffalo's Common Council has been notified as to numerous instances of excessive force being used by "Bouncers /Doormen" in nightclubs and bars within the City of Buffalo that have resulted in serious injuries; and Whereas: Recently, in New York City an ex- convict on parole working as a Bouncer /Doorman in a nightclub/barwas indicted for the murder of a young woman; and Whereas: While the majority of Bouncers /Doormen working within the City of Buffalo perform their jobs in a law abiding manner, it is also apparent that there is a need to regulate and perform criminal record checks for all Bouncers/Doormen working within City of Buffalo nightclubs and bars; and Now, Therefore, Be It Resolved: That the Common Council hereby requests the Corporation Council to research the legality of enacting an ordinance to regulate all Bouncers /Doormen working in nightclubs and bars within the City of Buffalo and if legal, to prepare and file such an ordinance with the Common Council for their examination; and Be It Further Resolved: That this resolution remain in the appropriate committee of the Common Council until otherwise no longer necessary; and Be It Finally Resolved: That this resolution be forwarded to the Buffalo Police Department and other City Department deemed appropriate for their input. ADOPTED 1 ST RESOLVE; REM - REFERRED TO THE COMMITTEE ON LEGISLATION, CORPORATION COUNSEL, COMMISSIONER OF POLICE, AND COMMISSIONER OF ECONOMIC DEVELOPMENT, PERMITS AND INSPECTIONS. NO. 120 By: Brian C. Davis Trailblazing Signage on Washington Street as "Stuart Hunt Way" Whereas: C. Stuart Hunt served as Chairman of the Board of Directors of Buffalo Place from 1994 through 1998. During such time the organization went from a $1.8 million organization to a $3.2. Million organization; and Whereas: Beginning in 1997, under Mr. Hunt's leadership, the Thursday at the Square concert series exploded, offering $4.4 million annually into the Downtown economy; and Whereas: Under his leadership such initiatives as Buffalo Place Rocks the Harbor, AmeriCorps Ranger Escort Program and the Park N Go Shuttle Program were successfully launched; and Whereas: Mr. Hunt also served at Chairman of Hunt Commercial Real Estate, which grew into one of the largest commercial /residential real estate organizations in Upstate New York under his leadership; and Whereas: In 1984, he purchased the Brisbane Building and began tireless restoration of such a beautiful building - a fitting tribute to his late father. Now, Therefore, Be It Resolved: That the Buffalo Common Council honors C. Stuart Hunt in a lasting and appropriate way by approving the installation of trailblazing signs proclaiming Washington Street, the north -east comer at Clinton Street and the north -west comer at Eagle Street; and Be It Further Resolved: That two additional trailblazing signs have been requested by Buffalo Place and should be given to them for their personal storage. Moreover, Buffalo Place has submitted a check to the City of Buffalo in the amount of $411.00, thetotal cost of four signs; and Be It Finally Resolved: That the Buffalo Common Council requests that the Department of Public Works to install two trailblazing signs, located on Washington Street at the comers of Clinton and Eagle Streets, that read "Stuart Hunt Way ". PASSED. AYES -9. NOES -0. No. 121 By: Mr. Davis TRANSFER OF FUNDS] FRINGE BENEFITS - HUMAN RESOURCES 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 $250,000 be and the same is hereby transferred from Fringe Benefits and said sum is hereby reappropriated as set Path below. From: 17305002 - 426000 Workers' Compensation $100,000 17301002 - 421 001 Heath Care — Retirees $150,000 TO: 12555006-432002 Medical Services $250,000 PASSED. AYES -9. NOES. NO. 122 By: Mr. Davis INCREASED APPROPRIATION MAYOR GIFTS AND DONATIONS - HUMAN RESOURCES That, Pursuant to §20 -11 of the Charter and the Certificate of the Mayor and the Comptroller submitted tothe Common Council, the appropriation in the Budget for the current fiscal year, be and the same hereby is increased in the sum of $15,000. Frorn: That, the Comptroller be and hereby is authorized and directed to increase the revenue estimateibrawount 10030030 - 365003 Mayor Gifts and Donations $15,000 To: To meet the increased appropriation as set forth below: 12553006 - 456011 Recruiting and Employment Expense $15,000 PASSED AYES -9. NOES -. NO. 123 By: Mr. Golombek ASSET CONTROL AREA PROGRAM WHEREAS, the United States Department of Housing and Urban Development administers an Asset Control Area Program which sells to local and non profit corporations deeply discounted HUD owned properties obtained through foreclosure in designated revitalization areas, WHEREAS, the properties are then rehabilitated and resold to low to moderate income families; WHEREAS, participation in this program will provide the City with an increased opportunity to revitalize targeted census tracts in the City of Buffalo; and WHEREAS, participation in this program will increase homeownership opportunities for low to moderate income persons within the City, further strengthening our neighborhoods WHEREAS, participation in this program will enable the /cityto apply its reinforcement strategy in census tract areas where almost all of the structures have been well maintained WHEREAS, participation in this program will enable the City to take steps to revitalize residential areas where a moderate number of original structures have been lost, in these neighborhoods, demolition s will accompany the rehabilitation strategy WHEREAS, participation in this program will enable the City to rebuild residential areas where a significant number if the original structures have been lost, in such places, the opportunity exists for strategic demolition and the redesign of the physical environment, in these neighborhoods it would be appropriate to create new parks, recreational spaces and the greening of commercial corridors. NOW THEREFORE BE IT RESOLVED that the Mayor is hereby authorized to enter into an agreement with the United States Department of Housing and Urban Development for City participation the Asset Control Area Partnership Program BE IT FURTHER RESOLVED that this Honorable Body approves the Application, including the Affordable Housing Plan and Business Plan to implement the ACA Program BE IT FURTHER RESOLVED this Honorable Body further approves the acquisition of residential real estate from HUD and the resale of said real estate to eligible purchasers through the ACA program without further Council approval. BE IT FURTHER RESOLVED this Honorable Body further approves the cancellation of outstanding City taxes and other charges against said parcels, upon their acquisition from HUD and extending through the date of their resale by the City. PASSED. AYES -9. NOES -0. NO. 124 By: Mr. Kearns NEW YORK STATE BROWNFIELD OPPORTUNITY AREAS PROGRAM WHEREAS: On June 8, 2004, CCP 131, the Common Council approved a resolution requesting funding on behalf of the City of Buffalo as a Brownfield Opportunity Area. (BOA); and WHEREAS: City of Buffalo herein called the "Applicant', after thorough consideration, has hereby determined that certain work, as described in its application and attachments, herein called the "Project', is desirable; and WHEREAS: §970 -r of the General Municipal Law authorizes State assistance to municipalities and community based organizations for Brownfield Opportunity Areas Grants by means of a State Assistance Contract (SAC) and the municipality or community based organization deems it to be in the public interest and benefit under this law to enter into a contract therewith; NOW, THEREFORE, BE IT RESOLVED THAT: The City of Buffalo is the representative authorized to act in behalf of the applicant in all matters related to State assistance under §970 -r of the General Municipal Law for the Project; and NOW, THEREFORE, BE IT FINALLY RESOLVED THAT: The Mayor of the City of Buffalo is authorized to execute the State Assistance Contract (SAC) request SAC reimbursements, redistribute SAC reimbursements as appropriate, submit Project documentation, and otherwise act for all applicants in all matters related to the Project and to State assistance. PASSED. AYES -9. NOES -0. NO. 125 SPONSOR: MICHAEL J. LOCURTO URGING THE NEW YORK STATE LEGISLATURE TO ADOPT S.B. 1378/AB 2571 REVISING THE LEGAL DEFINITION OF THE ERIE CANAL TO INCLUDE THE HISTORIC EASTERN AND WESTERN END POINTS OF ALBANY AND BUFFALO. Whereas The Common Council requests the New York State Legislature to enact S.B. 1378/A.B. 2571 revising the legal definition of the Erie Canal tondudethehist eastern aid wastern end poiisofAbanyand Buffalo respectively; and Whereas The legislation would amend the canal law extending the boundaries of the Erie Canaltoindudethepationofthe canal systemcanectingthe Hudson River at Lock Number 1inAlbanywith the Niagara River at Buffalo, i dofWaerfordastheeasterntarninsaidTorxAuandaasthewastern brnirL4 and Whereas The proposed legislation also would amend the State Finance Law and Public Authorities Law to incorporate the revised definition regarding the canal recreation way commission and the New York State canal system development fund; and Whereas The revisionswould make Albany and Buffalo eligible forsomeofthe hundreds of millions of dollars available through the federal Department of Housing and Urban Renewal for revitalization and redevelopment western endsofft Erie Canal system would notbeleltoutofeffaisto improve it; Now Therefore Be It Resolved: Thatthe Buffalo Common Council urgesthe New York State Legislature to enact S.B. 1378/A. B. 2571 to revise the legal definition of the Erie anaki tJ�axM nerdpdisdA lay ad Be It Further Resolved: That copies of this resolution be forwarded to Governor Patald, Senate Majority Leader Joseph Bruno and Assembly Speaker Sheldon Silver. ADOPTED NO. 126 SPONSOR: MIKE LOCURTO Permission to Hang "The Shakespeare in Delaware Park" Banner. Whereas The Shakespeare in Delaware Parka theatre company is celebrating its A nual "Shakespearein Ddanrare Pak'season; aid VNiaem Represatabvesfromthe Shakespeare h Dekvuare PakTheate Company have requested permission to hang their banner across Elmwood Avenue south of Bidwell Avenue and attached to Caf6 Aroma and Talking Leaves Bookstore on the east side of Elmwood Avenue and a street lamppost on the west side of Elmwood avenue from June 1, 2006 until the season ends on August 25, 2006; VV omTheShal rehDda&aePakTheEkeConparyWEsat ;ae familiar with the banner requirements and will purchase the necessary bond before the banner is installed; Now Therefore Be It Resolved: That the Common Council does hereby grant permission to the Shakespeare in Delaware Park Theatre Companyto hang a banner celebrating its Annual "Shakespeare in Delaware Park" season, located at Elmwood Avenue south of Bidwell Avenue and attached to Car6 Aroma and Talking Leaves Bookstore on the east side of Elmwood Avenue and a street lamppost on the west side of Elmwood avenue from June 1, 2006 until the season ends on August 25,20D6. PASSED AYES - 9 NOES -0 NO. 127 SPONSOR: MICHAEL J. LOCURTO RE : RENAMING THE NORTH BUFFALO COMMUNITY CENTER THE HEN. ROBERT RYAN NORTH BUFFALO COMMUNITY CENTER Whereas: The late Robert Ryan was born in Buffalo, New York in 1939; Whereas: He attended Our Lady of Perpetual Help School, Bishop Timon High School, Canisius College and Siena College, where he also played basketball; Whereas: He was married on April 23, 1971 to Jeanie Ryan and had six children, Kevin, Molly, Sarah, Robert, Scan and Melissa; Whereas: Mr. Ryan was known as "Mr. North Buffalo" and served 17 years as Executive Director of the North Buffalo Community Center; Whereas: A dedicated citizen to Buffalo he coached youth football and baseball for more than 35 years, coaching all of his sons and his grandson and he also coached Hertel North Park League Baseball; Whereas: He was the co-founder of the Erie County Junior Football League and the founder of a Summer High School Basketball League at the North Buffalo Community Center, which was later named after him; Whereas: He was a strong advocate for the North Buffalo Community Center and through his dedication and hard work turned a single store front operation into a mufti purpese- multimillinn dollar facility; Whereas: Mr. Ryan was named Man of the Year by the North Buffalo Jaycees and the Hertel -North Park Business Association in 1978 and 1988 respectively; he received numerous citations from the state legislature for his work in obtaining grants for Hertel Avenue fagade program and restoration of the North Park theatre's marquee; Whereas: Such works are truly deserving of our acknowledgement and recognition. Now Therefore Be It Resolved: That the Common Council does hereby approve the request to rename the North Buffalo Community Centerthe Hun. Robert Ryan North Buffalo Conununity Center; and Be It Further Resolved: That the City Clerk be directed to file a notice of intention which directs a public hearing on the proposed renaming in accordance with Chapter 286 of the City Code; Be It Further Resolved: That the Common Council hereby approves renaming the North Buffalo Community Center the Hen. Robert Ryan North Buffalo Community Center. ADOPT 1'� AND 2 RESOLVE THE REMAINDER REFERRED TO THE COMIMITTIEE ON LEGISLATION. BY: MS. RUSSELL NO. 128 BAILEY AMHERST BUSINESS ASSOCIATION ANNUAL BUDGET Whereas: The Amherst Bailey Business Association is required to submit their annual budget by April 1 st of each year for Common Council approval; and Whereas: The Amherst Bailey Budget is currently in the Council's Finance Committee and will be marked for approval and appear before the full Common Council meeting on May 30, 2006; and Whereas: Until the Bailey Amherst Business Association service charge can be executed and billed, a new agreement governing the service charge process must be executed between the City of Buffalo and the Bailey Amherst Business Association as the previous agreement expired on June 30, 2005; and Whereas: The Bailey Amherst Business Association budget must be approved by the Common Council and the new agreement must be executed in time for the billing of the service charge by July 1, 2006; and Now Therefore be it Resolved That:The Common Council approve the Bailey Amherst Business Association's Budget which is currently in the Finance Committee and will be before the Council Members at the May 3d 2006 Council meeting; and Now, Therefore, Be It Further Resolved That: The Corporation Council and Strategic Planning hereby execute a new agreement on behalf of the City of Buffalo with the Bailey Amherst Business Association and file this agreement with this Council by May 3d 2006. PASSED AYES - 9 NOES -0 NO. 129 BY: MR. THOMPSON DESIGNATE 1290 JEFFERSON AVENUE AS A BANKING DEVELOPMENT DISTRICT FOR A NEW BRANCH OF THE M &T BANK Whereas: The M &T Bank (M &T), is a full- service bank, with branches located throughout the City of Buffalo. Whereas: M &T is proposing to establish a bank branch on Jefferson Avenue, an area located in the New York State Empire Zone, the Federal Renewal Community and the City's CARE area. Whereas: This area of Jefferson, although home to a 35% poverty rate, that has seen recent economic growth along the Jefferson corridor with investments from TOPS Supermarket Whereas: The proposed branch will be an economic development catalyst by serving as the anchor tenant for a small business incubator being built by a local faith based initiative, the Jeremiah Partnership Whereas: There is a demonstrated need for an establishment of a M &T Bank branch to serve the local community by providing a safe and profitable banking environment that fosters the achievement of personal financial goals, homeownership and business growth; and Now, Therefore Be It Resolved: The Common Council hereby supports the creation of a banking district along Jefferson Avenue and the establishment ofa M &T Bank branch to be located at 1290 Jefferson Avenue; and Be It Further Resolved: This Common Council hereby authorizes the Mayor to take any and all steps reasonable and necessary to support or join in the application for a banking district to be designated at and around Jefferson for the establishment of a M &T Bankbranch; and ADOPTED BY; MR. THOMPSON: NO. 130 RE: 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)(1) 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 [$250,000] $25,000. 4 96 -13 (H) Workforce Development and Diversification Apprenticeship Training Program. Definitions: "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 contractor will work toward a minority workforce goal of 25 %, and women workforce goal of 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; and (f) Residency_goals ensuring that the contractor will work toward a minimum of twenty - five (25 %) percent of the workforce to include qualified residents from the City of Buffalo. "Commissioner" shall mean the Commissioner of the City of Buffalo Department of Public Works. "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. "Construction subcontract" shall mean any subcontract between a contractor who has a construction contract with the City of Buffalo 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. "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. (1) Requirements and Exceptions (a) Any contractor, prior to entering into a construction contract, as defined herein, with the City of Buffalo, or any subcwtactor entering into acon &uctioncaihact asdefined 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 above, such contractors and /or shall provide the Commissioner or designated compliance officer with the following: (i) 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. (ii) Access and cooperation to the project compliance officer to review records on -site and /or at worksite premises to validate workforce participation. (iii) 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. (2) 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 section. (3) Equal Employment Opportunity Oversight The Commissioner of Community Services and Recreational Programming for the City of Buffalo shall conduct oversight and review functions over apprenticeship training programs operated in accordance with the provisions of this section 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. (4) Penalties Violation of any provision of this section may 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 regulation— governing the termination of such contractual agreements. (5) Severability If any clause, sentence, paragraph, subdivision, section or part of this section 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 section or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such judgment or order shall be rendered. APPROVED AS TO FORM Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 131 BY: MR. THOMPSON RE: REQUEST FOR A SPECIAL PUBLIC HEARING ON THE SENECA NATION BUFFALO CREEK CASINO Whereas: A public hearing would provide residents, business and community stakeholders with an opportunilyto have dialogue regarding the proposed Buffalo Creek Casino; and Whereas: Man ymsiderlsthAsupport aid opposethecasho have questionsregardngthecasho, Whereas: A public hearing would answer questions, provide dialogue, and engage the public in thswyi patartmelte;arxl Now, Therefore Be It Resolved That: This Common Council hold a public hearing to be scheduled for Wednesday, June 28, 2006 at 6:OOpm in Council Chamber with the Seneca Nation and other involved parties to address the Senecafs BuffaloCreekCasho; and Now, Therefore Be It Finally Resolved That: This Common Council requests the attendance of the following organizations: the Seneca Nation, the WNY State delegation, New York Governor George A. Patald, the Empire State Development Corporation, the Mayor of Buffalo, the Mayor of Niagara Falls, the City of Niagara Falls Common Council, the City of Buffalo's Office of Strategic Planning, the City of Buffalo's Deparhnent of Economic Development, Permits, and Inspections, the Buffalo Niagara Partnership, Buffalo Place, the Buffalo Niagara Convention Center &Visitors Bureau, and the Niagara Falls Chamber of Commerce. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 132 BY: MR. THOMPSON RE: REQUESTING THAT THE GOVERNOR AND NEW YORK STATE LEGISLATURE LIFT THE WAGE FREEZE & PHASE OUT THE CONTROL BOARD IN BUFFALO, NEW YORK Whereas: City of Buffalo employee labor unions and representatives have undertaken vast Reform practices which include consolidating to single healthcare providers, single officer patrol cars; and Whereas: The City of Buffalo's wage freeze has had a significant negative impact on employee morale and productivity overthe last few years; and Whereas: Employee morale is at its lowest since the increase in reserves show an ability to & portvRgeha a Whereas: TheCiyofB- fthe.-sba *hoeasedksfroalresavesaxlrr�bcredit rating; and Whereas: Overtime in the Buffalo Police Department is estimated to cost almost $3 million and Almost $5 million for the Buffalo Fire Department for Year 32 (200(=2007 fiscal years and Whereas: The hiring of additional City of Buffalo employees would decrease the respective Overtime costs within each respective department, decreasing individual workloads, and in Now, Therefore Be It Resolved That: This Common Council hereby requests that Governor Pataki, the New York State Legislature, aid Complroller Hevesi aBate a financial strategyto implemertthe removal offt\Aeigeteeze and phase out the Buffalo Fiscal StabilityAulhorily (Control Board) in the City of Buffalo; and Now, Therefore Be It Further Resolved That: This Common Council hereby requests that Governor Patald, the New York State Legislature, and Comptroller Hevesi phase out and change the Buffalo Fiscal StabilityAulhority from a control board to an advisory board effective July 1, 2006; and Now, Therefore Be It Finally Resolved That: This Common Council hereby requests that copies of this resolution be forwarded to the WNY New York State Delegation, New York State Governor George E. Patald, and New York State ConodaA -nG.Heiesaxisedcr ;fromtmer gmdj�eolfr:eskiienEkC -ncI Session scheduled for Tuesday, May 23, 2006. REFERRED TO THE COMMITTEE ON BUDGET NO. 133 BY MR THOMPSON TRAILBLAZER REQUEST FOR MR. EDWARD CATO GAYLES III Whereas Mr. Edward Cato Gayles II I is one of seventeen brothers and sisters who have contributed their lives through singing as the Gayles Family Singers and Whereas Mr. Edward Care Gayles,lll I has been an asset to the Glenwood Avenue Community by utilizing his guidance, love, patience, wisdom and understanding to reduce drug trafficking, illegal gangs, and death threats between Main Street and Michigan Avenue by speaking softly and displaying love for all mankind; and WHEREAS: Mr. Edward Cato Gayles,lll did not hesitate to put his life on the line in order to intervene in illegal activity with his quiet and gentle manner.; and WHEREAS: Not ever once was he threatened with violence against himself and he prayed that violence would soon end in his community; and WHEREAS: Such works are truly deserving of our acknowledgement and recognition; In recognition of the contributions to the City of Buffalo, the members of Glenwood Avenue Block Club have requested that Glenwood Avenue, specifically between Main Street and Michigan Avenue, be named in honor of Mr. Edward Cato Gayles, III; and WHEREAS: The Mr. Edward Cato Gayles, III has agreed to cover all installation and purchase fees for the placement of two (2) signs on the comer of Glenwood Avenue & Michigan Avenue and Glenwood Avenue & Main Street; NOW THEREFORE BE IT THEREFORE RESOLVED THAT: The Common Council of the City of Buffalo does hereby recommend that Glenwood Avenue, specifically between Main Street and Michigan Avenue, be named in honor of Mr. Edward Cato Gayles, II I REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 134 MR. THOMPSON TRAILBLAZER REQUEST FOR DR. KENNETH LEE GAYLES Dr. Kenneth Lee Gayles is one of seventeen brothers and sisters who have contributed their lives through singing as the "Gayles Family Singers "; and Dr. Kenneth Lee Gayles' family was stricken with poverty; unable to send any of their children to school, Kenneth enrolled himself in the University of Buffalo; and WHEREAS: Due to a combination of his strong work ethic, keen study habits, and focused determination, Dr. Kenneth Lee Gayles has become one (1) of two (2) African - American Cardiologists in the Western New York area; and WHEREAS: A mentor and role model for youth throughout the City of Buffalo, Dr. Kenneth Lee Gayles uses his talents and abilities to assist others in need; and WHEREAS: Such works are truly deserving of our acknowledgement and recognition; In recognition of the contributions to the City of Buffalo, family, friends, and the community have requested that the Eastern side of Humboldt Parkway, specifically between East Delavan Avenue and Northampton Avenue, be named in honor of Dr. Kenneth Lee Gayles; and The Dr. Kenneth Lee Gayles has agreed to cover all installation and purchase fees for the placement of five (5) signs on the comer of Northampton & Humboldt; East Utica & Humboldt; Woeppel & Humboldt; East Ferry & Humboldt; and East Delavan & Humboldt; and NOW THEREFORE BE IT THEREFORE RESOLVED THAT: The Common Council of the City of Buffalo does hereby recommend that the eastern side of Humboldt Parkway, specifically between Northampton Avenue and East Delavan Avenue, be named in honor of Dr. Kenneth Lee Gayles. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS 101 [0111111181.1 SPONSOR: MR. THOMPSON TRAILBLAZER REQUEST FOR MRS. PAMELA ANN GAYLES JOHNSON WHEREAS Mrs. Pamela Ann Gayles Johnson is one of seventeen brothers and sisters who have contributed their lives through singing as the "Gayles Family Singers "; and A member of First Shiloh Missionary Baptist Church, Prince of Peace C.O.G.I.C., and Greater Love Fellowship, Mrs. Pamela Ann Gayles Johnson made significant contributions to their respective music ministries through her unique style of choir direction; and WHEREAS: Mrs. Pamela Ann Gayles Johnson graduated Cum Laude from Medaille College, earning her Bachelor's Degree in Science and receiving her Masters Degree in Educational Administration; and WHEREAS: A teacher and administrator in the Buffalo Public School System for more than twenty -five (25) years, Mrs. Pamela Ann Gayles Johnson has become one (1) of two (2) African- American Cardiologists in the Western New York area; and A mentor and role model for youth throughout the City of Buffalo, Mrs. Pamela Ann Gayles Johnson used her talents and abilities to expose her students and their parents to cultural trips throughout the United States, Canada, Bahamas, and Jamaica. Maximizing every opportunity, her dedication and guidance has inspired her students to excel at any task that they encountered; and WHEREAS: Such works are truly deserving of our acknowledgement and recognition; In recognition of the contributions to the City of Buffalo, family, friends, students, and the community have requested that the western side of Humboldt Parkway, specifically between Main Street and East Ferry Street, be named in honor of Mrs. Pamela Ann Gayles Johnson; and The Mrs. Pamela Ann Gayles Johnson's family has agreed to cover all installation and purchase fees for the placement of five (5) signs on the comer of Main & Humboldt; Loring & Humboldt; East Delavan & Humboldt; Brunswick & Humboldt; and East Ferry & Humboldt; and NOW THEREFORE BE IT THEREFORE RESOLVED THAT: The Common Council of the City of Buffalo does hereby recommend that the western side of Humboldt Parkway, specifically between Main Street and East Street, be named in honor of Mrs. Pamela Ann Gayles Johnson. Antoine M. Thompson Masten District Council Member REFERRED TO THE COMMITTEEON LEGISLATION. AND THE COMMSISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 136 BY MR. THOMPSON FELICITATIONS /IN MEMORIAM attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Robert B. Wegman By Councilmember All ADOPTED NO. 137 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 Donna Berry Mark Fitzpatrick Salvatore Los Charles Miltello Patrick O'Rourke Sandra Smith Marlyn Wisniewski Charles Carter Williman Hageman Joseph Makowski III Donna Militello Timothy Ring Brian Strobele Deborah Zdon Thomas Donovan Jenyne Langhorne Jeanne Meyler- Pirk Thomas O'Brien Pa ckRoberls James Watkins TOTAL 20 ADOPTED NO. 138 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13� City Hall, Buffalo, New York, unless otherwise noted. R egular Committees Committee on Civil Service Tuesday, May 23, 2006 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, May 23, 2006 at 10:00 o'clock A.M. Committee on Comm. Dev. P.M. Tuesday, May 23, 2006 at 1:00 o'clock Committee on Legislation Tuesday, May 23, 2006 at 2:00 o'clock P.M. Special Committees (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 wherebv the Citv 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. 139 ADJOURNMENT On motion by Mr. Bonifacio, Seconded by Mrs. Russell, the Council adjourned at 3:10 pm GERALD CHWALINSKI CITY CLERK BOARD OF POLICE AND FIRE PENSION PROCEEDINGS #5 OFFICE OF THE MAYOR -201 CITY HALL MAY 18, 2006 Present: Byron W. Brown, Mayor; David A. Franczyk, Council President; Frank Belliotti, Deputy Comptroller; H. McCarthy Gipson, Commissioner of Police -4 The journal of the last meeting was approved. NO. 1 1 transmit herewith the Pension Payroll for the Fire Pension Fund for the month of May 2006 amounting to $5,610.00, and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes -4. Noes -0. NO. 2 1 transmit herewith the Pension Payroll for the Police Pension Fund for the month of May 2006 amounting to $6,565.00, and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes -4. Noes -0. NO. 3 On motion by Mr. Belliotti, the City of Buffalo Police and Fire Pension Board meeting adjourned at 11:10 a.m.