Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
06-0530
No.11 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO MAY 30, 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 30, 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 16, 2006 were approved. 9:161LVi09.1=me]LViI 4:4N NO.1 Apollo Media Employees agreement with Wellness Institute Item No. 12, C.C.P. 6/16/06 Item No. 12, C.C.P. 5/16/06 includes a DRAFT agreement with the Wellness Institute who agrees to administratively manage the personnel at the Apollo Media Center who are engaged in Telecommunications. At this point the agreement between the City and the Wellness Institute has not been reviewed by the Corporation Counsel's Office. The Wellness Institute is a 501 c (3) corporation, which is eligible to handle the elements of this agreement with the City. Telecommunications and Public Works officials have evaluated the Institute's ability to perform and will implement procedures to pay for these services under the agreement The personnel will become employees of the Wellness Institute. The weekly cost of the gross payroll is approximately $2,000 (plus Employer FICA cost and other payroll insurance expenses) A is our recommendation that all expenditures related to the operation of the Apollo Media Center be charged to the Telecommunications function in the General Fund. These charges will be offset by a transfer in from the monies provided by Adelphia to fund this operation in the same manner we currently cover the director's salary.. This will allow for full and transparent recording of the gross revenues and expenses. The budget for all the expenditures and related revenue should be included in the July 1, 2006 - June 30, 2007 budget REFFERED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL AND THE COMMISSIONER OF PUBLIC WORKS NO. 2 Flood Zone Classification Fee Res #118 CCP May 2, 2006 My office performed a review of the flood zone classification fees collected by the City for performance of a survey to determ ine if a property lies within the Zone AE flood plain. This review revealed that the City only collected 4 such survey fees during 2005 and only one such fee in 2006. Based on our review and projections of this revenue, it appears that a separate fee for this survey is unwarranted. RECEIVED AND FILED FROM THE PRESIDENT OF THE COUNCIL NO. 3 INFO TIMES ARTICLE THE CAMERA NEVER BLINKS BUT IT MULTIPLIES ITEM AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW RECEIVED AND FILED �: Z�] d i r fi. I� K�] d i l d i l 6Y.9 [�] ►1 �: Z�]� G [.Y.9 X.Y.9 d d�► r r G 1►1 � � � G �:I G � fi[� 7 ►1 NO. 4 L Grear-Est. of E. Lidge Deed in Lieu of Foreclosure 160 & 162 Pratt St Item 60, C.C.P. 6/16/06 This is in response to your Honorable Body's request to review the April 10, 2006 communication from Hogan & Willig, PLLC, attorneys for the Estate of Eva Ann Lidge, the owner of parcels assessed as t50 Pratt and 152 Pratt. The Estate of Eva Ann Lidge wishes to convey the parcels to the City of Buffalo by Deed in Lieu of Foreclosure for outstanding taxes owed on the two parcels. According to the records of the Department of Assessment and Taxation we have the parcels assessed as residential vacant lots and all City Tax and Sewer Rent is paid and current for both parcels. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO.6 Notification Serial #10120 Install Alternate Parking - Type II Florence Avenue between Main Street and Parkside Avenue Delaware District NO PARKING (ALTERNATE- TYPE 11) — 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 Florence Avenue, north side between Main Street and Parkside Avenue 9:00 a.m. - 4:00 p.m. Monday, Tuesday, Wednesday Florence Avenue, south side between Main Street and Parkside Avenue 9:00 a.m.- 4:00 p.m. Thursday, Friday This action is being taken at the request of the Delaware District Councilmember, and the Parkside Community Association. Notification Serial #10121 Permissive Parking- Repeal on Florence Avenue, north side between a point 100 feet west of Main Street and a point 100 feet west therefore Delaware 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 there from the following: PEPMISSIVE PARKING on Florence Avenue, north side between a point 100 feet west of Main Street and a point 100 feet west therefore PERIOD OF PERMISSIVE PARKING -DAILY 2 HOUR PARKING 7AMTO7PM RECEIVED AND FILED NO.6 Report of Bids Block Masonry Wall (Security) Auto Impound Yard 166 Dart Street North District I advertised for on May 2, 2006 and received the following formal bids for the Auto Impound Yard, 166 Dart St., Construction of Block Masonry Wall (Security), on May 23, 2006. Base Bid AIt#1 Alt#2 Alt#3 Miller Enterprises 12NeNlield, Buffalo, NY $71,400 $4,000 $14,000 $15,00 Wilsandra Construction 300Camden, Buffalo, NY $79,000 $2,000 $16,400 $19,700 Allgaier Construction 4790 Thompson, Clarence, NY NO BID RECEIVED Add Alternate #1 - New steel man door, frame, hardware and exterior luminary. Add Alternate #2 - New concrete block wall and reinforcement; columns 29 to 41. Add Alternate #3 - New concrete block wall and reinforcement; columns 41 to 52. 1 hereby certify that the foregoing is atrue and correct statement of al! bids received and that Miller Enterprises, with a Base Bid of $71,400, add Alt. #1 for $4,000, add Alt. #2 for $14,000, add Alt. #3 for 15,000, for a total of One Hundred Four Thousand Four Hundred and 00/100 Dollars ($104,400.00), 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 36321206445100- Division of Buildings. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 25, 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 Auto Impound Yard, to Miller Enterprises the lowest responsible bidder, with a Base Bid of $71,400, add Alt. #1 for $4,000, add Alt. 82 for $14,000, add Alt. #3 for $15,000, for a total of $104,400.00. Funds for the project are available in 36321206 445100 - Division of Buildings. Passed. AYES —8 NOES —1 AYES — BONIFACIO, DAVIS, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RUSSELL AND THOMPSON -8 NOES — FONTANA -1 NO. 7 REPORT OF BIDS COLVIN /LINDEN FIRE STATION DISEL FUEL STATION JOB NO 0629 1 advertised for on May 3, 2006 and received the following formal bids for the Colvin /Linden Fire Station, Diesel Fuel Station, on May 17, 2006 Empire State Mechanical Contractors $99,585.00 3055 Sherwood, Palmyra, NY 14522 Nature's Way Environmental $120,760.00 3553 Crittenden, NY 14038 Orchard Earth & Pipe $122,988.00 550 Charles, Solvay, NY 13209 1 hereby certify that the foregoing is a true and correct statement of all bids received and that Empire State Mechanical Contractors, with a bid of Ninety Nine Thousand Five Hundred Eighty Five and 00/100 Dollars ($99,585.00), 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 23 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 Colvin Linden Fire Station, to Empire State Mechanical Contractors, the lowest responsible bidder, for a total of $99,585.00. Funds for the project are available in 39320406 445100 - Division of Buildings. Passed. AYES -9 NOES -0 No. 8 Report of Bids M.L. King JR o Park Site Improvements (Multi4nodal Grant) (Masten) (Item No. 19, C.C.P. 1/25/05) 1 advertised on May 2, 2006 and have received the following bids for the construction of ML King Park Site Improvements, which were publicly opened & read on May 23, 2006 General Contractor Base Bid Alternate 7 Scott Lawn Yard $394,000.00 $6,000.00 5552 Townline Rd Sanborn, NY 14132 Birch Grove Landscaping $407,000.00 $7,200.00 PO Box 117 East Aurora, NY 14052 Thomann Asphalt $428,900.00 $2,000.00 56 Gunnville Rd Lancaster, NY 14086 Titan Development $455,000.00 $1,500.00 8534 Seaman Rd Gasport, NY 14067 C.Destro Development $670,000.00 $0 2255 Bailey Ave Buffalo, NY 14211 1 hereby certify the foregoing is a true and correct statement of the bids received and that Scott Yard Lawn is the lowest responsible bidder in accordance with the plans and specifications; and that the contract amount is the base bid of $394,000.00 and acceptance of alternate 7 in the amount of $6,000 for a total contract amount of $400,000.00.1 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 through an interfund loan. The project is being funded through a NYS Multi -Modal Grant which the Council has already approved and accepted. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 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 construction of M.L. King Park Site improvements, to Scott Lawn Yard, the lowest responsible bidder, for the base bid of $394,000.00 and acceptance of alternate 7 in the amount of $6,000 for a total contract amount of $400,000.00. Funds for the project are being funded through a NYS Multi -Modal Grant which the Council has already approved and accepted. Passed. AYES -9 NOES -0 No. 9 REPORT OF BIDS PLAYGROUND IMPROVEMENTS SCHILLER/JH WILLIAMS (NORTH/LOVEJOY) I advertised on May 2, 2006 and have received the following bids for the construction of Schiller & JH Williams Park Playground Improvements, which were publicly opened & read on May 17, 2006. Genera! Contractor Base Bid Titan Development $44,500.00 8534 Seaman Rd $385,530.86 Gasport, NY 14067 Gleason's Nursery $54,472.00 4780 Sheridan Dr $480,947.50 Williamsville, NY 14221 Gardenvi!!e Landscape & Nursery $68,087.76 3069 Clinton St. $526,752.60 West Seneca, NY 14224 1 hereby certify the foregoing is a true and correct statement of the bids received and that Titan Development is the lowest responsible bidder in accordance with the plans and specifications; and that the contract amount is $44,500.001 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 Bond Fund number 39400106. Mr. Bonifacio moved: That the above communication from the Commissioner of Pubiic Works, Parks and Streets dated May 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 construction of Playground Improvements Schiller /JH Williams, to Titan Development, the lowest responsible bidder, for the amount of $44,500.00. Funds for the project are available in Bond Fund number 39400106. PASSED AYES -9 NOES -0 No. 10 Report of Bids Replacement of Site Specific Sidewalks- 2006 Groupe #666 P & J Construction Co Inc This is to advise your Honorable Body that I have advertised and received bids In obtaining bids for the above project, t have asked for bids on a unit price covering %e various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received I hereby certify that the lowest responsible bidder for the above project is P & J Concrete Co., hc. respectfully recommend that your Honorable Body authorize a contract award m the amount of $385,530.86 ($350,482.60 Base Bid + 10% unit price increase $35,048.26 = Total Award $385,530.86 ). Funds for this work will be established in the future Capital Project Account's #39311106 & 30032106. The engineer's established far this work is $380,000.00 The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by July 1 st, 2006. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Bonifacio moved: Base Bid Unit Price Increase P & J Construction Co., Inc $350,482.60 $385,530.86 709 Pleasant View, Lancaster, NY 14086 Titan Development, Inc. $437,225.00 $480,947.50 8534 Seaman Road, Gasport, NW 14067 A& A Concrete, L.L.C° $478,866.00 $526,752.60 3407 Delaware Avenue, Kenmore, NW 14217 I hereby certify that the lowest responsible bidder for the above project is P & J Concrete Co., hc. respectfully recommend that your Honorable Body authorize a contract award m the amount of $385,530.86 ($350,482.60 Base Bid + 10% unit price increase $35,048.26 = Total Award $385,530.86 ). Funds for this work will be established in the future Capital Project Account's #39311106 & 30032106. The engineer's established far this work is $380,000.00 The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by July 1 st, 2006. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 22, 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 Replacement of Site Specific Sidewalks- 2006, Group #655, to P & J Construction Co., Inc., the lowest responsible bidder, for the amount of $385,530.86 ($350,482.60 Base Bid + 10% unit price increase $35,048.26 = Total Award $385,530.86). Funds for the project are available in the future Capital Project Account's #39311106 & 30032106. PASSED AYES -9 NOES -0 No. 11 Report of Bids Replacement of Street Light Standards Group 660 Ashland Ave., Tifft St., Various Citywide This is to advise your Honorable Body that I have advertised for and received public bids on May 17, 2006 for the Replacement of Street Light Standards - Group 650. In obtaining bids for the above project, I have requested bids on a unit price basis covering the various items of work and materials, which will be performed. The final cost of the work will be based on the actual measured quantities of material entering into the work and may be either more or less than the total bid. The following bids were received: Contractor Total Bid Price Spoth Enterprises, Inc $208,150.00 8746 Lakeshore Rd Angola NY 14006 O'Connell Electric Co. $261,500.00 929B Ransom Road Lancaster NY 14207 South Buffalo Electric, Inc No Bid 21 Foundry Street Buffalo NY 14086 I hereby certify that the lowest bidder for the above project is Spoth Enterprises, Inc with a base bid amount of $208,150.00. 1 respectfully recommend that Your Honorable body authorize a contract award to Spoth Enterprises, Inc in the amount of $228,965.00 ($208,150,00 Base Bid + 10% Unit Price Increase of $20,815.00 equals $228,965.00). The engineer's estimate for this work is $250,000.00 and the funds are available in Capital projects Accounts 30032106, 35310806, 38310506 & 393! 1!06. Mr. Bonifacio moved That the above communication from the Commissioner of Public Works, Parks and Streets, 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 Replacement of Street Light Standards, Group 650, Ashland Avenue, Tifft Street, Various Citywide, to Spoth Enterprises, Inc., the lowest responsible bidder, for the amount of $228,965.00 ($208,150.00 Base Bid + 10% Unit price Increase of $20,815.00 equals $228,965.00). Funds for the project are available in Capital projects Accounts 30032106, 3510806, 38310506 & 39311106 PASSED AYES -9 NOES -0 NO. 12 Report of Bids Settled Water Conduit Rehabilitation Project - Contract 19 Ellicott Plans and specifications were prepared and sealed proposals accepted for the Settled Water Conduit Rehabilitation Project - Contract 19 located at the Colonel Ward Treatment and Pumping Plant. I submit the attached report of bids received which were opened in my office at 10:00 a.m on April 11, 2006. STC Construction, Inc. $1,329,385.00 P.O. Box 459 Springville, NY 14141 Kandey Company $1,373,000.00 19 Ransier Dr. West Seneca, NY 14224 Donald Braasch Construction. Inc. $1,521,000.00 1661 Lakeview Road Lakeview, NY 14085 Crane Hogan Structural Systems $1,859,392.00 3001 Brockport Road Spencerport, NY 14559 1 certify that foregoing is a true and correct statement of all bids received and that STC Construction, Inc. is the lowest responsible bidder complying with the specifications. I respectfully request that your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to enter into a contract with STC Construction, Inc. for the cost thereof to be charged to the Division of Water capital bond account 53200706 for a total encumbrance in the amount of $1,329,385.00. Mr Bonifacio moved That the above communication from the Commissioner of Public Works, Parks and Streets dated May 16, 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 Settled Water Conduit Rehabilitation Project- Contract 19 located at the Colonel Ward Treatment and Pumping Plant, to STC Construction, Inc., the lowest responsible bidder, for a total of $1,329, 385.00. Funds for the project are available in Division of Water capital bond account 53200706. PASSED AYES — 9 NOES — 0 NO. 13 Change in Contract Delavan Fillmore Fire Station Construction Job #0433 Masten District I hereby submit to Your Honorable Body the following changes for the Delavan Fillmore Fire Station, Construction, Plumbing Work, L & D Johnson Plumbing & Heating, C #92010962. 1. Furnish and install emergency drench shower, mixing valve and cabinet in the Decon Room. Add $5,760..00 2 Furnish and install four (4) 24 long "mini" drains at the ends of the current trench drains. Add $4,800.00 The foregoing change results in a net increase in the contract of Ten Thousand Five Hundred Sixty and 00/100 Dollars ($10,560.00). Summary Current Contract Amount $220,454.25 Amount of This Change Order ( #4) Add $ 10,560.00 Revised Contract Amount $231,014.25 Costs have been reviewed by the Consulting Architect (Foit Albert Associates) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 30062206 445100- Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor asset forth above. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 23, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 4, to L & D Johnson Plumbing & Heating, an increase in the amount of $10,560.00, as more fully described in the above communication, for work relating to Job No. 0433, for Plumbing Work, C #92010962. Funds for this project are available in CPF 30062206 445100 - Division of Buildings. PASSED AYES — 9 NOES — 0 No. 14 Change in Contract Delavan Fillmore Fire Station Construction Job #0433 Masten District I hereby submit to Your Honorable Body the following changes for the Delavan Fillmore Fire Station, Construction, HVAC Work, Parise Mechanical, Inc., C #92010968. to Furnish and install one (1) Cargocaire, Model HC -150R. The foregoing change results in a net increase in the contract of Five Thousand Three Hundred Fifty Three and 00/100 Dollars ($5,353.00). Summary Current Contract Amount $175,559.00 Amount of This Change Order ( #4) Add $5,353.00 Revised Contract Amount $180,912.00 Costs have been reviewed by the Consulting Architect (Foit Albert Associates) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 30062206 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mr Bonifacio moved That the above communication from the Commissioner of Public Works, Parks and Streets dated May 23, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 4, to Parise Mechanical, Inc., an increase in the amount of $5,353.00, as more fully described in the above communication, for work relating to Delavan Fillmore Fire Station Construction, Job No. 0433, for HVAC Work, C #92010968. Funds for this project are available in 30062206 445100 - Division of Buildings. Passed AYES — 9 NOES — 0 NO. 16 Change in Contract Delavan Fiilmore Fire Station Construction Job #0433 Masten District I hereby submit to Your Honorable Body the following changes for the Delavan Fillmore Fire Station, Construction, Electrical Work, Tunney EJectdc, Inc., C #92010960. 1. Install two (2) 4' Schedule 80 PVC conduits from Verizon pole on Buell St. to the fire station. Add $8,083.12 2. Install four (4) additional duplex outlets in Kitchen. Add $1,610.22 3. Install electrical power to booster pumps. Add $733.88 4. Replace circuit breaker and wiring for vehicle exhaust system. Add $1,231.15 5. Payment of National Grid power biids from 911/05-11!9/05 in lieu of City paying. Add $369.70 6. Install electrical power to new dehumidification unit in Drying Room. Add $1,125.00 The foregoing change results in a net increase in the contract of Thirteen Thousand One Hundred Fifty Three and 07/100 Dollars ($13,153.07). Summary Current Contract Amount $156,014.40 Amount of the Change Order (2) Add $13,153.07 Revised Contract Amount $169,167.47 Costs have been reviewed by the Consulting Architect (Foit Albert Associates) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 30062206 445100 - Division of Buildings request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change orderto the contractor as set forth above. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 23, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 2, to Tunney Electric, Inc., an increase in the amount of $13,153.07, as more fully described in the above communication, for work relating to Delavan Fillmore Fire Station Construction, Job No. 0433, for Electrical Work, C #92010960. Funds for this project are available in 30062206 445100 - Division of Buildings. PASSED AYES — 9 NOES — 0 NO. 16 Change in Contract Keinhans Music Hall Restoration Job#0501 Niagara District I hereby submit to Your Honorable Body the following changes for Meinhans Music Hall, Restoration, General Construction, All State Development, Inc., C #92011042. 1. Refinish existing concrete beams in the north and south emergency stair with Dexo -O -Tex Resistant Micro - Topping and a decorative and protective copolymer cementious coating in a smooth light gray finish. Add $957.44 The foregoing change results in a net increase in the contract of Nine Hundred Fifty Seven and 44/100 Dollars ($957.44). Summary Current Contract Amount $57,205.81 Amount of This Change Order (#2) Add $957.44 Revised Contract Amount $58,163.25 Costs have been reviewed by the Consulting Architect (Hamilton Houston Lownie Architects) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 34322206 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 May 25, 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. 2, to All State Development, Inc., an increase in the amount of $957.44, as more fully described in the above communication, for work relating to Kleinhans Music Hall Restoration, Job No. 0501, for General PASSED AYES — 9 NOES —0 NO. 17 CHANGE IN CONTRACT/ SPLASH PAD MODIFICATIONS C.DESTRO DEVELOPMENT CONTRACT #92011047 I hereby submit to Your Honorable Body the following change order for the subject Contract. This change order is necessary to make emergency repairs to the Splash Pads at Martin Luther Kink Park, Cazenovia Park, and Stachowski Park. These repairs are necessary due to new requirements mandated by the New York State Health Department regarding recycling splash pads. These splash pads are being converted to non - recycling splash pads. The associated costs are shown below: Martin Luther King Park: Funds are available in the City park bond fund account 39400106 - 445100 I hereby certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue said change order to C. Destro Development. Bid figures available for review in the City Clerk's Office Mr. Bonifacio moved That the above communication from the Commissioner of Public Works, Parks and Streets dated May 24, 200(5, be received and flied; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to C. Destro Development, an increase in the amount of $233,404.00, as more fully described in the above communication, for work relating to Splash Pad Modifications, C #92011047. Funds for this project are available in City park bond fund account 394001 06 445100. PASSED AYES -9 NOES -0 NO. 18 INCREASE IN CONTRACT MARTIN LUTHUR KING PARK CCAP GRANT IMPROVEMENTS PHASE 1 We are requesting permission of your Honorable Body to increase the above contract with Titan Development in tile amount of $2517.00. This change order was necessitated due to additional work to repair the large picnic shelter in the park and make it usable for this season. The price has been found to be fair and reasonable by our consultant, Wendel Duchscherer. Funds for this work are available in Bond Account 38400106. SUMMARY Contract Amount- $74,997.00 Change Order - $2517.00 New Contract Amount - $77,514.00 Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 22, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to Titan Development, an increase in the amount of $2,517.00, as more fully described in the above communication, for work relating to Martin Luther King Park. Funds for this project are available in Bond Account 38400106. PASSED AYES - 9 NOES -0 NO. 19 FLOOD ZONE CLASSIFICATION FEE ITEM NO 118 CCP 5/2/06 The referenced item was sent to this department for comment. We would not have any objection to the elimination of the $45.00 fee charged by the City for the certification that a property is outside the 100 year flood plain. RECEIVED AND FILED NO. 20 NEW YORK STATE THRUWAY AUTHORITY(NYSTA) RIGHT OF ENTRY RELEASES ELLICOTT DISTRICT In order to facilitate construction of storm drainage improvements and shoulder widening of the 1 -190 north thruway our department is in receipt of Right of Entry releases from the NYSTA. These releases deal with NYSTA contractors accessing City owned lands adjacent to the West Side Rowing Club and the recently completed berm to the west of the Hope VI housing development. Copies of the right of entry releases are attached and our department recommends that Your Honorable Body authorize execution of these documents. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 25, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to execute Right of Entry releases from the New York State Thruway Authority for City owned lands adjacent to the West Side Rowing Club and the berm to the west of the Hope VI housing development. PASSED AYES -9 NOES -0 NO. 21 PERMISSION TO RETAIN CONSULTANT MASSACHUSETTS AVENUE PROJECT FIRE REEONSTRUCTION (NIAGARA) Permission is requested from your Honorable Body to hire a consultant for design services related to Reconstruction of the fire damaged Massachusetts Avenue Project Community Center. I have previously requested proposals from Stieglitz Snyder, Foit - Albert, Carmina & Woods, Macon Chaintreuil & Stark, and Architectural Resources. On May 23, 2006 ! received proposals from Stieglitz Snyder and Foit - Albert. Upon review of the proposals Department of Public Works Staff has recommended retaining Stieglitz Snyder. I hereby request permission to enter into a design contract with Stieglitz Snyder for $51,000 funds for this work are available in Bond Account 39320506 Mr. Bonifacio moved" That the above communication from the Commissioner of Public Works, Parks and Streets dated May 25, 2006 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire a consultant for design services related for Reconstruction of the damaged Massachusetts Avenue Project Community Center to Stieglitz Snyder for $51,000.00. Funds for this project are available in Bond Account 39320506. PASSED AYES - 9 NOES -0 NO. 22 J. PETERS -BFNC -USE OF MASTEN PLAYGROUND CCP# 54 5/2/2006 The referenced item was sent to this office for comment. This department has no objection to the use of Masten Park by the BFNC, but they must also solicit the approval of the County of Erie Parks Department. RECEIVED AND FILED NO. 23 ORDINANCE AMENDMENT CH. 437, TAXICABS AND LIVERIES The referenced item was sent to this department for comment. The Department of Public Works, Parks and Streets has no jurisdiction over rates charged by taxicabs or liveries. We, therefore, have no comment on the proposed ordinance changes. RECEIVED AND FILED NO. 24 RIGHT OF ENTRY AGREEMENT US ARMY CORPS SOUTH PARK LAKE RESTORATION PROJECT SOUTH DISTRICT In order to facilitate continuing studies by the Department of the Army related to the South Park Aquatic and Wetland Restoration Project our department has received a license for right of entry (copy attached) in the park for survey, exploration and testing. The proposed time of duration is from 6/1/06 to 9/30/2008 with a 90 day written termination clause. Our department has no objection to this agreement as the owner of South Park and recommends that Your Honorable Body authorize execution of this agreement Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 25, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to execute a License for Right of Entry for Survey and Exploration from the Department of the Army for City owned South Park Lake for the proposed time of duration from 6/1/06 to 9/30/2008 with a 90 day written termination clause. PASSED AYES - 9 NOES -0 NO. 25 USER FEE ARREARS 278 BRINKMAN Attached is a request from the Legal Aid Bureau of Buffalo, Inc. asking that the City forgive $1,073.87 in outstanding User Fee charges. If the fees were forgiven, the property would be transferred to Lovejoy Neighborhood Housing Service for rehabilitation. This item is being sent to the Council for whatever the Council feels appropriate. This office represents the property owner at the above referenced address in matter regarding property code violations. This property is currently in Housing Court. As a resolution to the violations we are seeking to donate the property to Lovejoy Neighborhood Housing Services. They are interested in rehabbing this property and placing a low- income homeowner in it. The obstacles to this transfer occurring are the existing liens on the property. It is my understanding that New York State Real Property Law will not allow the City to forgive the taxes. The statute may not, however, preclude the forgiveness of fees, This property has outstanding User Fees in the amount of approximately $1,050.00. It is our hope that these arrears can be forgiven. This is not being requested to alleviate my client's financial obligation. She can simply allow the arrears to accrue and loose the house at in -rem. It is being requested in the service of the NHS seeking to mitigate the conditions at the property and in the surrounding neighborhood. Forgiveness of the fees will allow a deteriorating property that is adversely affecting the stability of the surrounding neighborhood to be rehabilitated by a not - for - profit agency that is being funded by public dollars to accomplish such neighborhood revitalization goals. And it will help a low- income family realize the dream of homeownership. Any assistance or advice you can provide in this matter would be greatly appreciated. I can be reached at 853 -9555 ext 555. REFERRED TO THE COMMITTEE ON FINANCE THE CORPORATION COUNSEL AND THE COMMISSIONER OF ASSESSMENT y :IQ VA& 9:1 *Ke]LVihVi1 1.1-11 IQ 0 1 14:Z6] a y 1:1 :4 NO. 26 VACATING ENGINE 24 FACILITY- 108 LEROY AND ENGINE 33 FACILITY- 273 KEHR STREET Please be advised that the Buffalo Fire Department has vacated the old Engine 24 building located at 108 Leroy and Engine 33 located at 273 Kehr Street. This property may be turned over to the Division of Real Estate. REFERREDTOTHECC"JFfEECN FlNA NCETHECORPCRATIONCOUNSELANDTHEEOR FROM THE CORPORATION COUNSEL NO. 27 MUNICIPAL CODE VIOLATIONS REPORT ITEM NO -95, C.C.P. 02/21/06 Your Honorable Body has asked the Bureau of Administrative Adjudication to file a monthly report indicating the total number of violations cited by the violation type for each department, division and/or office charged with issuing violation notices. Attached is the requested report for violations cited during the months of March and April, 2006. As you can see from the report, the various departments issued 651 summonses in March and 602 summonses in April. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 28 NEW YORK POWER AUTHORITY The New York Power Authority's License to operate the Niagara Power Project ( "Project) will expire on August 31, 2007° The Power Authority has filed an application with the Federal Energy Regulatory Commission seeking a 50 year New License for the continued operation and maintenance of the Project. In order for FERC to determine what the environmental impacts are of this specific project, NYPA has prepared an environmental- assessment that is designed to assess the economic and environmental impacts of operating the Niagara Power Project as NYPA proposes° In December 2005, the City of Buffalo filed a Motion to Intervene with the Federal Energy Regulatory Commission contending that NYPA failed to adequately review the impacts of their Project, in particular, the City contends that NYPA failed to study the economic and environmental impacts of the ice boom on the City of Buffalo. NYPA, in consideration of the City supporting the issuance of the License, has offered the following in settlement (see attached Settlement Agreement)" 1. Commencing with a new 50 year federal license for the Niagara Power Project, in September 2007, NYPA will contribute $2,000,000 annually (for 50 years), to a Greenway Fund to finance projects selected by a committee comprised of the City, the County, NYPA and Buffalo Olmsted Parks to implement the Niagara River Greenway Master Plan. 2. Commencing with a new federal license, NYPA will contribute an annual payment (for 50 years) totaling at least $2,500,000 to establish a Buffalo Waterfront Development fund. Each annual payment will consist of a) $1,000,000 and 2) a contribution in an amount equal to the net value of 5 megawatts of power. 3. NYPA will also contribute $2,000,000 in 2006 and $2,000,000 in 2007 to the Erie Canal Harbor Development Corporation for the purposes of a waterfront development and revitalization activities° 4. In addition, $1,000,000 annually (for 50 years), commencing upon the receipt of a new license, will be contributed from the Empire State Development NYPA will also commit to undertaking a study for the relocation of the ice boom which is currently stored on 14 acres of waterfront property adjacent to the Times Beach preserve= Upon relocation of the ice boom, NYPA will commit to transferring title to the property to the Erie Canal Harbor Development Corporation REFERRED TO THE WATERFRONT COMMITTEE, THE BUFFALO WATER BOARD AND THE CORPORATION COUNSEL NO. 29 USED CAR DEALER 461 TONAWANDA 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 461 Tonawanda 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 Robert Grimmer. The attached thereto for Robert Grimmer d /b /a H & G Used Cars Inc. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY NO. 30 MINUTES OF THE MEETING OF MEMBERS OF THE BUFFALO MUNICIPAL HOUSING AUTHORITY The Buffalo Municipal Housing Authority convened in regular session on the 20 day of April 2006, at 12 "00 Noon, at 300 Perry Street, Buffalo, New York, with the Pledge to the Flag. Attendance The meeting was called to order by the Chairman. The Secretary called the roll. Those present and excused were as follows: Members Present: Members Excused: Michael A. Seaman, Chairman None Aqiel Qadir, Vice - Chairman Mary Rogers, Member Charles Flynn, Member Betty Calvo- Torres, Member Ronald Brown, Member Hal D. Payne, Member Staff: Gillian D. Brown, Interim Executive Director and Secretary Thomas A. Williams, Jr., Assistant Executive Director and Assistant Secretary Modesto Candelario, Assistant Executive Director Cheryl MacMillan, Director of Administration and Finance Susan M. Grzechowiak, Director of Management and Family Support Services Robert Bukowski, Director of Maintenance and Operations Theresa Spagna, Deputy Executive Director of Personnel Vincent Barrile, Audit Administrator Linda Gleason, Administrator for Employment and Training Paula KJ'egg, Director of Public Safety Tim Quider, Assistant Director for MtS John Fischer, Supervising Contract Coordinator John Walters, Accounting Analyst Russell J. Sciandra, Safety Officer Carol Wilhehn, Grants Coordinator Celeste Slaughter, Contract Compliance Monitor Carmen Arroyo, Senior Accountant John DelMonte, Associate Accountant Pamela Tyler, Senior Accountant Sharon Nelson, Clerk Aide Audrey Cannizzaro, Executive Secretary Others: Deidre Williams, Reporter, Buffalo News Bertha Mitchell, Buffalo Fiscal Stability Authority Darryl McPherson, Buffalo Fiscal Stability Authority Ron Cianciosi, U.S. Department of Housing and Urban Development Joe Raimond, U.S. Department of Housing and Urban Development Mary Ann Kierra, U.S. Department of Housing and Urban Development Michelle Bauer, U.S. Department of Housing and Urban Development Frank Belliotti, City Auditor, City of Buffalo Louis Biondi, Auditor, City of Buffalo Leonard Williams, resident, Kenfield Homes Ms. Calvo- Torres made a motion to approve the Minutes of the Authority Meeting held March 17, 2006, Mr. Payne seconded, and the item was carried unanimously. Finance Committee 1. Submitted by Susan M. Grzechowiak, Director of Management and Family Support Services, to Authority Commissioners, was a request for approval of write -off of 154 Federal Suspense Accounts in the total amount of $136,282.70, with the stipulation that staff will within 60 days present a report to the Board addressing the following: 1. the feasibility of performing quarterly or random EIV checks for residents, including an estimation of the resources necessary to accomplish stone; 2. the possibility of implementing an incentive program for residents with acceptable payment histories, and a description of the necessary approvals for such a program; 3 the possibility of approval from HUD to allow a one time forgiveness of retroactive rent owed by residents who make payment in full of their outstanding balance and the first month's rent at the newly calculated amount based on their verified income; and 4. staff recommendations regarding re- instituting reasonable security deposits, including the necessary steps, the procedures to be followed in calculating security deposits, and a discussion of the relative merits and concerns involved with re- instituting security deposits. Ms. Rogers made a motion to approve this item; Mr. Payne seconded, and the item was carried unanimously 2. Submitted by Gillian D. Brown, Interim Executive Director, to Authority Commissioners, was a request for approval of payment of three invoices for services provided to the Authority by City of Buffalo Departments for the period July 1, 2005 to June 30, 2006, as follows: Fee for Data Processing services rendered by Management $58,690.00 Information Services to the Authority Fee for Personnel Services rendered by Civil Service to the $48,690.00 Authority Fee for Indirect Costs provided by various City of Buffalo $22,786.00 Departments to the Authority Mr. Brown made a motion to table this item; Ms Calvo -Torres seconded, and the item was unanimously carried 3. Submitted by Gillian D. Brown, Interim Executive Director, to Authority Commissioners, was a request for approval to enter into lease agreements with Cricket Communications to allow them to lease space for cell antennae at both L.B.J Apartments (roof) and the stack at 39 Tower Street. Their engineers have submitted drawings showing placement of equipment and related cables, etc., at both locations, and the Authority has approved these plans, since there would be no facilities on rooftops themselves. Lease prices were negotiated for both locations and Cricket has agreed to a long -term lease at the rate of $1,500 per location, per month. It should be noted that this price is higher than any other leases we have with other companies for cell antennae at various other locations. Cricket shall insure their facilities on site and the hold the Authority harmless from any damages or claims, and merely require access for normal maintenance. Ms. Calvo- Torres made a motion to approve this item; Mr. Brown seconded, and the item was carried unanimously. 4. Submitted by Gillian D. Brown, Interim Executive Director, to Authority Commissioners, was a request for approval to renew the lease agreement with Lamar Advertising with respect to the freestanding billboard located on Authority property at 476 Louisiana Street. The Current lease provides for annual rental payment of $4.,000.00 through the end of the lease period, which is June 30, 2007. Lamar has approached the Authority to renew the lease earlier, beginning June 1, 2006, for a ten -year period. After extensive negotiations, Lamar has agreed to annual rental payments of $8,500 for the ten year period. Upon researching similar billboard signs at various locations in the area, it has been determined that the $8,500.00 figure is consistent and reasonable. This will allow the Authority additional income since the renewal price would begin 13 months earlier than originally planned. Ms. Rogers made a motion to approve this item; Mr. Payne seconded, and the item was carried unanimously. 5. Submitted by Gillian D. Brown, Interim Executive Director, to Authority Commissioners, was a request for approval to enter into lease agreements between this Authority and the Erie County Board of Elections for their use of our space as polling places on Tuesday, February 28, 2006 for the Senatorial Election. For their use of this space, the Board of Elections will compensate the BMHA at the rate of $130.00 per day for each polling place with (1) election district; $160:00 per day for each polling place with two (2) elections districts; $190.00 per day for each polling place with three (3) election districts; $220.00 per day for each polling place with four (4) election districts; and $250.0 -0 per day for each polling place with five (5) election districts. Approval is also requested for the maintenance agreements entered into between this Authority and the various tenant councils where community space will be utilized as a polling place location. The amount paid for such maintenance service shall not exceed the amount received by the Buffalo Municipal Housing Authority from the Erie County Board of Elections. Mr. Payne made a motion to approve this item; Mr. Brown seconded, and the item was carried unanimously. 6. Submitted by Susan M. Grzechowiak, Director of Management and Family Support Services, to Authority Commissioners, was a request for approval to revise Section 9.3, Appendix 11 of the Federal Management Resolution, electric figures available for review in The City Clerk's Office RECEIVED AND FILED FROM THE CITY CLERK NO. 31 :NOTICE OF INTENTION - :RENAMING THE NORTH BUFFALO COMMUNITY CENTER :THE HONORABLE ROBERT RYAN NORTH BUFFALO COMMUNITY CENTER (CCP #127 - 6/16/06) Per your resolution, this is to advise you that the public hearing for the above item is set and will be advertised for June 13, 2006 at 2:00 p.m. RECEIVED AND FILED NO. 32 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 1389 Delaware Ave 1389 Delaware Brian J Nelson 257 Franklin 257 Franklin Buffalo Pub Concepts 643 Main Street Bijou Grille NCM Trophey's Inc RECEIVED AND FILED NO. 33 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Police - Carolyn Odojewski, Shellie Maraschiiello, Debra Cordone, Patricia Gentzler RECEIVED AND FILED. NO. 34 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 RECEIVED AND FILED NO. 36 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. CERTIFICATE OF APPOINTMENT Appointment effective June 1, 2006 in the Department of Common Council to the position of Intern VI, Seasonal at the flat rate of $10.00 /hr George E. Stokes Jr, 183 Weston Ave, Buffalo, NY 14215 CERTIFICATE OF APPOINTMENT Appointment effective May 15, 2006 in the Department of Common Council to the position of Intern IVI, Seasonal at the flat rate of $6.75/hr Shawn K. Morris, 324 Watson St, Buffalo, NY 14212 CERTIFICATE OF APPOINTMENT Appointment effective May 15, 2006 in the Department of Common Council to the position of Intern VI, Seasonal at the flat rate of $10.00 /hr Michael Nlazgajewski, 192 Condon Ave, Buffalo, NY 14207 CERTIFICATE OF APPOINTMENT Appointment effective May 15, 2006 in the Department of Common Council to the position of Intern VI, Seasonal at the flat rate of $10.00 /hr RoseMarie Lakatos, 198 Commonwealth Ave, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment effective May 24, 2006 in the Department of Common Council, Delaware District to the position of Intern VI, Seasonal at the flat rate of $10.00 /hr Mark Brown, 683 Columbus Parkway, Buffalo, NY 14213 CERTIFICATE OF APPOINTMENT Appointment effective May 22, 2006 in the Department of Common Council, Delaware District to the position of Intern VI, Seasonal at the flat rate of $10.00 /hr Jessica Neubauer, 25 Robie St, Buffalo, NY 14214 CERTIFICATE OF APPOINTMENT Appointment effective May 10, 2006 in the Department of Common Council, Delaware District to the position of Intern VI, Seasonal at the flat rate of $10.00 /hr Lauren Lozano, 15 Winston Road, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment effective May 10, 2006 in the Department of Common Council, to the position of Intern V, Seasonal at the flat rate of $8.00 /hr Kelly Krug, 43 Ward Court, Buffalo, NY 14220 NO. 36 APPOINTMENTS - MAYOR'S YOUTH OPPORTUNITY & EMPLOYMENT I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. RECEIVED AND FILED. CERTIFICATE OF APPOINTMENT Appointment Effective May 18, 2006 in the Department of Mayor to the position of Intern VI, Seasonal non competitive at the flat rate of $10.00 per hour Barbara W. Kloberdanz, 50 Abbottsford Place, Buffalo, NY 14213 NO. 37 APPOINTMENTS - MAYOR'S YOUTH OPPORTUNITY & EMPLOYMENT I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. RECEIVED AND FILED. CERTIFICATE OF APPOINTMENT Appointment Effective May 23, 2006 in the Department of Mayor to the position of Intern III, Seasonal non competitive at the flat rate of $8.15 per hour TIFFANY JONES, 42 WAD E AVE., BUFFALO 14214 Milisha Joseph, 81 Harmonia St, Buffalo, NY 14211 CORDELL NELSON, 59 WILLIAM PRICE PKWY, BUFFALO 14214 DANIELLE CAHEE, 6 WOODLEY RD, BUFFALO 142t5 ALTINISE GARNER, 246 RODNEY, BUFFALO 14214 DeVAUGHN JONES, 1780 BAILEY, BUFFALO 14211 Xavier Hunter, 528 Best Street, Buffalo, NY 14208 Calvin Fonville, 82 W. Humboldt, Buffalo, NY 14214 Jane!!e R. Reed, 14 Amsterdam St., Buffalo, NY 14215 James S. Pennington, 147 Davidson Ave., Buffalo, NY 14215 Cierra IVI. Hawkins, 204 Millicent Ave., Buffalo, NY 14215 Robert Cabbagestalk, Jr., 60 Huntley, Buffalo, NY 14215 Tearra Rhodes, 1296 East Delavan Ave., Buffalo, NY 14215 Ja'Nay I. Carswell, 92 Wood, Buffalo, NY 14211 Chanquana N. Gayle- Jones, 194 Wyoming Ave., Buffalo, NY 14215 Morgan A. Nevilles- Moore, 138 Butler, Buffalo, NY 14208 Briana N. Freeman, 24 Highgate Ave., Buffalo, NY 14214 Janay IVI. Barker, 58 Decker St., Buffalo, NY 14215 Katlin Velz, 56 Congress, Buffalo, NY 14213 NO. 38 NOTICES OF APPOINTMENTS - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. CERTIFICATE OF APPOINTMENT Appointment effective May 8, 2006 in the Department of Administration and Finance & Urban Affairs, Division of Inventory and 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 14214 CERTIFICATE OF APPOINTMENT Appointment effective May 16, 2006 in the Department of Public Works, Division of Engineering to the Position of Laborer II, Seasonal at the flat starting salary of $8.15/hr Gerald Brinkworth, 47 Marine Dr Apt 11 F, Buffalo, NY 14202 CERTIFICATE OF APPOINTMENT Appointment effective May 22, 2006 in the Department of Public Works, Division of Engineering to the Position of Laborer II, Seasonal at the flat starting salary of $8.15/hr Larry B. Caver, 36 Ernst Avenue, Buffalo, NY 14215 Richard M. Finnegan Jr, 582 Marilla St, Buffalo, NY 14220 Wallace Owens, 237 Pine St, Buffalo, NY 14204 Neal Mack, 707 Walden Ave, Buffalo, NY 14211 No. 39 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 TP THE COMMITTEE ON CIVIL SERVICE Certificate of Appointment Appointment Effective May 22, 2006 in the department Administration, Finance and Urban Affairs Division of Parking Enforcement to the Position of Clerk Provisional, Appointment, Minimum Starting Salary of $25,162 Tiffany L. Chmiel 76 Vandalia st Buffalo 14204 CERTIFICATE OF APPOINTMENT Appointment Effective May 04, 2006 in the department Administration, Finance and Urban Affairs Division of Inventory & Stores -Print Shop to the Position of Assistant Print Shop Supervisor, Appointment, Permanent Minimum Starting Salary of $29,409 Antonio Difiglia 127 Kenefick Ave Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment Effective: May 23, 2006 in the Department of: Human Resources Division of: Compensation & Benefits to the Position of: Workers Compensation Analyst Temporary Appointment, Minimum starting Salary of: $33,830 Heather Williams 401 Forest Ave Buffalo, NY 14213 Certificate of Appointment Appointment Effective May 5, 2006 in the Department of Law to the Position of Legal Secretary Temporary, Appointment, Minimum $29,179.00 Deana Marie LoVallo Lindbloom 444 Lincoln Parkway Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT APPOINTMENT EFFECTIVE May 22, 2006 in the Department of Police to the Position of School Crossing Guard Temporary, Non - Competitive at the Minimum Starting Salary of $7.09 per hour Marcia Vasquez 5 Hope Way Buffalo, NY 14201 CERTIFICATE OF APPOINTMENT APPOINTMENT EFFECTIVE May 25, 2006 in the Department of Public Works, Parks a & Streets in the Division of Streets to the Position of Truck Driver Temporary, Competitive at the Minimum Starting Salary of $27,646 Clayton Reed 161 Dundee St Buffalo, NY 14220 NO. 40 CERTIFICATE OF APPOINTMENT APPOINTMENT EFFECTIVE May 26, 2006 in the Department of Administration, Finance and Urban Affairs in the Division of Treasury to the Position of Treasury Administrator Provisional, Promotion at the Minimum Starting Salary of $37,913 Charlene Bucino 57 Redmond Buffalo, NY14216 CERTIFICATE OF APPOINTMENT APPOINTMENT EFFECTIVE May 26, 2006 in the Department of Administration, Finance and Urban Affairs in the Division of Treasury to the Position of Treasury Administrator Provisional, Promotion at the Minimum Starting Salary of $37,913 Darlene Lapinski 51 Wood Avenue Buffalo, NY 14211 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 41 27 SWINBURNE STREET This letter shall serve to put you on formal written notice that a hazardous condition exists at 27 Swinburne Street in the City of Buffalo. This structure is vacant, abandoned, and in dilapidated condition. It poses a very serious safety and fire threat to passersby, neighborhood children, and nearby properties. This property at 27 Swinburne needs to be demolished without delay. This information is being furnished to your office so that it may be forwarded to the appropriate department for corrective action, Thank you for your kind consideration in this matter. REFERRED TO THE COMMITTEE ON LEGISLATION THE EDPI AND THE CORPORATION COUNSEL NO. 42 REQUEST DEMO- 209 MACKINAW I am writing you this letter in regards to the house next door, 209 Mackinaw Street. This house is in deplorable conditions and has a putrid stench. I can not sit outside in my yard when the weather is warm because of the foul musty smell that emanates from this house. The house at 209 Mackinaw Street has raccoons„ birds and mice that have found a home for themselves. I had to make a gate to keep my dog from going in between the two houses because of falling shingles and other falling debris that come from this house. I've called the Mayor's hotline and they told me they would send somebody down to bait the house but that was about two months ago. ! was approved for a AHC Grant loan to improve my house this spring. In 2004 1 went through B.U.R.A. and received a loan and put some work already into my house which included a new roof, new front stairs and some new heating and plumbing. Then in 2006, 11 went through N.H.S. for weatherization for my house and a few other procedures done. Now if something happens to my house when ! get all done with these grants and loans to improve my home, it will be a great disappointment. What good will my loans be if 209 Mackinaw is burned down or continues to deteriorate ? Will the city pay my repayment and interest? ! don't know what else I can do but my next step in trying to get something done is to cal! the television stations and see if they can help on this disgusting, foul smelling house that keeps me from enjoying the house I worked hard to purchase. Thank you for your time. Feel free to reach me at the address above or at my home via phone at 845 -62t I after 5pm. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE EDPI No. 43 WATER SERVICE 246 GENESEE ST BUFFALO, NY ACCT# 03091800 1 am in receipt of your turn off notice regarding water services for the above address. Please be advised that the only outstanding amount on this account is the amount that has been in dispute since 2003. 1 have made all payments except the three quarters in 2003 that are in dispute. In order to bring resolution in this matter I am willing to meet you half way and pay 50% of the outstanding amount minus any late fees, interest or other miscellaneous charges. It is unfortunate that this continues to be an unresolved matter especially since I am willing to work with you to bring closure to this. Enclosed you will find a $250.00 payment to be applied towards the principle only. This is a good faith payment towards resolution in this matter. I hope to hear a response from you shortly and do not expect an interruption in my water service as my current bill minus the disputed amount is paid in full. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS NO. 44 REQUEST COPERATION FROM MAYOR AND OFFICE WEDNESDAY NIGHT BLUES, BIKES & BBQ This letter will confirm that the Crocodile Bar on Chippewa St will be holding a Wednesday Night, Blues, Bikes & BBQ from May thru September. This promotion has been held on Wednesday nights for the past 3 years and has brought a substantial weekly crowd into the downtown area of Buffalo. All of the bikes have been parked legally and no streets have been closed to traffic. To my knowledge there have been no reported incidents in connection with this promotion. The Crocodile Bar has numerous local businesses who sponsor this happening as a promotional opportunity. This promotion has grown into a credible regional happening that has gained national recognition in restaurant, bar and motorcycles trade magazines. I sincerely appreciate the cooperation of the Mayor's office. This great weekly promotion will continue to bring people into the city during the summer of 2006. 1 would like to state that this promotion is a substantial source of the Crocodile Bar's summer income. Any street closings for any reason other than parking motorcycles would be detrimental to their already established business and income. Should you have any questions or concerns, please do not hesitate to contact me at my office. RECEIVED AND FILED NO. 45 J KAREK INFO 209 MACKINAW ST This letter is in regards to a property located at 209 Mackinaw St Buffalo, NY 14204 the old first community. This is an abandoned property. The condition of this property is an eye sore to the community. If a short walking or driving tour where taken, it will show that the houses are well kept up in the area. The previous tenants had 5 pit bulls, snakes and lizards. The pit bulls stayed outside and did their business outside. Now smells emanate on hot days from in the back yard. The inside of the house is strewn with garbage of every sort. The roof, on windy days gets blown off in pieces. There are also holes in the roof. I am a 50 year resident of the old first ward and plan to be here for my life. I am asking that the City of Buffalo or the powers that be, to tear down the structure at 209 Mackinaw St. The structure (2 flats) is to far gone to put money into it. I can safely say nobody would ever buy this property and put money into it. All my neighbors feel the same way as I do, and most ate long time residents of the ward. Please put 209 Mackinaw on the fast track for demolition. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE EDPI NO. 46 P MILLER PROMOTION OF RECYCLING PROGRAM I am a citizen activist interested in helping to promote the city recycling program. By first approaching the media, I would attempt to locate like- minded individuals in order to form a core group with whom to brainstorm for creative ways to engage the public's attention about this issue. I believe am eventual involvement with the schools, civic groups and other interested parties as welt as an emphasis on the positive outcome to be realized might produce a more concerted effort on the part of all of our citizenry. The backing of the Common Council for this effort would be most appreciated, as I believe that would give the endeavor more weight and credibility. Also, some of you have worked on this issue and may have some ideas to share+ Please tell me how to proceed with this. Thank you for your consideration of this important matter and any help you can give. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS NO. 47 ACQ OF LAND BE SENECA NATION OF INDIANS Thank you for your letter of March 15, 2006, to Secretary Norton enclosing a copy of Resolution No. 109, adopted by the Common Council of the City of Buffalo on March 7, 2006, regarding the acquisition of restricted fee land by the Seneca Nation in the City of Buffalo, New York, pursuant to the Seneca Nation Lands Settlement Act.lt is our understanding that the Seneca Nation does not intend to have any other parcels in the City of Buffalo placed in restricted fee pursuant to the Seneca Nation Lands Settlement Act. However, should we receive such an application, the views of the Common Council expressed in Resolution No. 109 will be taken into consideration in any determination by the Department of the Interior regarding this matter. RECEIVED AND FILED No. 48 VULCAN STREET PROJECT AND ERIE COUNTY SHOW REMOVAL AID The City of Buffalo Common Council at its regularly scheduled meeting of May 16, 2006 passed a resolution approving the payment of approximately $641,241.29 to the County of Erie, as the City's contractual share of costs for the reconstruction of Vulcan Street also known as the Vulcan Street Project. Pursuant to a joint agreement, project costs were to be split equally by the County of Erie, the City of Buffalo, and the Town of Tonawanda, and the County was to fund the project and seek The Council's approving motion was however, contingent on the City sending a letter to the County and their response, as to the arrears status of City billings for "Snow Removal Aid" for the City's fiscal periods dated July 1, 2002 to June 30, 2005. During the cited period, approximately $232,058 was billed annually for a total of $696,174 (see Invoice copies attached). Please note that the current years billing has not yet been rendered and would increase the amount owed to $928,232. The Snow Removal Aid was intended to reimburse the City of Buffalo for its snow plowing and 65 Niagara Square, Room 1413 removal costs associated with County roads that continue on into the city's corporate limits. The City received Snow Removal Aid payments during the County's 1996 -2001 fiscal years before ending abruptly in 2003. Since that time, the City has received differing explanations of the existence of County funding for this purpose. Hopefully your response to the following question will help all parties to resolve this matter: Are any monies currently appropriated or reserved for the payment of the cited invoices? What is the status of the EC Legislature action in 2003 to appropriate $200,000 for City Snow Removal costs? Will your office pay the cited invoice and when? If not, why not? The City has and will continue to honor its agreements, your response however, is a necessary prerequisite to the Vulcan Street Project payment cited herein. Please review this matter and file your response with the City of Buffalo, City Clerk, Room 1301 City Hall, Buffalo, NY 14202 as soon as possible. If you have any questions concerning this matter, please contact James Pajak of our Council Staff at 851 -4047. Thank you in advance for your patience and assistance in this matter. REFERRED TO THE COMMITTEE ON FINANCE NO. 49 Bailey Amherst Business improvement District Association Agreement with the City of Buffalo I have instructed Mr. Robert Cohen, President of the Bailey Amherst Business Improvement District Association to write a letter to your office requesting that the interest earned for the Bailey Amherst Business Improvement District Association be transferred into the Association's account The Buffalo Common Council has approved the budget for the Association. Also, the Agreement will be coming before the Common Council for approval on Tuesday, June 13, 2006° [ have discussed the above matter with Commissioner Bruna Michaux and she is making arrangements to have the assessments ready for mailing in time for the July 2006 billing cycle. if you have any questions regarding this correspondence, please feel free to contact me at (716) 851 -5165. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ASSESSMENT AND THE COMPTROLLER NO. 60 S. BUSCAGLIA, OWNER, USE 446 DELAWARE - EXTENSION OF OUTDOOR CAFIE & RELATED CHANGES (ELL) (HRG. 6/6) REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 61 K. Cangianiello, Use 1662 Elmwood for a Sidewalk Cafe (No Pub Hrg) (North) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE CORPORATION COUNSEL NO. 62 Petition's for Lasalle Pool and Father Belle Center Please fib the attached item for further discussion at the next Common Council session to be held May 30, 2006. Copies of the petitions can be fc in the City Clerks office for review if necessary. Thank in advance for your assistance in this matter. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS Regular Committees CiViL SERVICE (Bonnie E. Russell, Chairperson) NO. 63 Appointment Asst. Filtration Plant Operator (Max) (PW) (Item No. 26 -May 16, 2006) That Communication 26, May 16, 2006 be received and filed and the temporary appointment of Richard Ammerman stated above at the maximum starting salary of $33,350.00 effective on May 8, 2006 is hereby approved. PASSED AYES — 9 NOES — 0 NO. 54 Notices of Appt.- Temp. /Prov. /Perm. (C. Clk.) ( #55,5/16) That the above item be and the same hereby is received and filed. ADOPTED NO. 55 Est. a Senior Citizen Discount for the Buffalo Sewer Fee ( #122,5/2) That the above item be and the same hereby is received and filed. ADOPTED NO. 56 Bailey Amherst Business Association — Budget Item No. 67, C.C.P., Apr. 18, 2006) That the Bailey Amherst Business Association Budget for July 1, 2006 - June 30, 2007 be, and he hereby is approved as more fully described in the above communication. Passed. AYES — 9 NOES — 0 No. 57 Joe Golombek -M. Cole -Req. Purchase- 126 Grace (#46,5/2) That the above item be and the same hereby is received and filed. ADOPTED LEGISLATION RICHARD A. FONTANA, CHAIRMAN NO. 58 M. PIJANOWSKI, PETITION TO USE 478 ELMWOOD- EATING /DRINKING ESTABLISHMENT (ITEM NO. 69, C.C.P., MAY 16, 2006) That after the public hearing before the Committee on Legislation on May 23, 2006, the petition of M. Pijanowski, agent, for permission to use 478 Elmwood Avenue for an eating /drinking establishment be, and hereby is approved. PASSED AYES - 9 NOES -0 NO. 59 M. PIJANOWSKI, PETITION TO USE 478 ELMWOOD- ENCLOSED IRON FENCED SIDEWALK CAFE (ITEM NO. 70, C.C.P., MAY 16, 2006) That after the public hearing before the Committee on Legislation on May 23, 2006, the petition of M. Pijanowski, agent, for permission to enclose 478 Elmwood Avenue with an iron fence 42" high and a sidewalk caf6 11' 5" x7, be, and hereby is approved. PASSED AYES - 9 NOES -0 NO. 60 W. CHOY, PETITION TO USE 752 ELMWOOD- SIDEWALK CAFE (ITEM NO. 71, C.C.P., MAY 16, 2006) That after the public hearing before the Committee on Legislation on May 23, 2006, the petition of W. Choy, owner, for permission to use 752 Elmwood Avenue for a sidewalk caf6 11'6" x 7' 9" with 2 tables, 6 chairs be, and hereby is approved. PASSED AYES - 9 NOES -0 NO. 61 B. ANDREWS, PETITION TO USE 1953 SENECA STREET- RESTAURANT /ICE CREAM PARLOR/OUTDOOR CAFE W /TWO TABLE (ITEM NO. 72, C.C.P., MAY 16, 2006) That after the public hearing before the Committee on Legislation on May 23, 2006, the petition of B. Andrews, owner, for pemaission to use 1953 Seneca Street for a sidewalk caf6 with 2 tables be, and hereby is approved. PASSED AYES - 9 NOES -0 NO. 62 C. FAUST, PETITION TO USE 807 ELMWOOD- OUTDOOR/PATIO /CAFE (ITEM NO. 73, C.C.P., MAY 16, 2006) That after the public hearing before the Committee on Legislation on May 23, 2006, the petition of C. Faust, agent, for permission to use 807 Elmwood Avenue for an outdoor patio /caf6 8' x 40' which encroaches on the city right -of -way in the Elmwood Avenue Special District be, and hereby is approved. PASSED AYES - 9 NOES -0 NO. 63 G. GIKAS, PETITION TO USE 189 DELAWARE - PLACE AWNING OVER SIDEWALK CAFE (ITEM NO. 75, C.C.P., MAY 16, 2006) That the petition of G. Gikas, agent, for permission to use 189 Delaware Avenue to place an awning over an existing sidewalk cafe, 27' 9" instead of 21' 8" be, and hereby is approved and an amended license is required PASSED AYES - 9 NOES -0 NO. 64 J. CHILDS - PETITION TO USE 900 MAIN STREET- OUTDOOR CAF — (ITEM NO. 83, 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 J. Childs, owner, for permission to use 900 Main Street for a sidewalk cafe be, and hereby is DENIED NO. 65 ORDINANCE AMENDMENT- CHAPTER 96- BONDS AND CONTRACTS (ITEM NO. 130, C.C.P., MAY 16, 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 recommitted to the Committee on Legislation ADOPTED. NO. 66 ORDINANCE AMENDMENT - CHAPTER 96 - BONDS AND CONTRACT (ITEM NO. 123, 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 recommitted to the Committee on Legislation ADOPTED. AYES — BONIFACIO, DAVIS, FONTANA, FRANCZYK, GOLOMBEK, KEARNS, RUSSELL - 7 NOES — LOCURTO, THOMPSON -2 NO. 67 ORD. AMEND.- CHAPTER 437 - TAXICABS & LIVERIES ( #120,5/2) That the above item be and the same hereby is received and filed. ADOPTED NO. 68 CLAR THOMAS & O CONCERNS RATE FOR TAXICABS ( #59,5/2) That the above item be and the same hereby is received and filed. ADOPTED NO. 69 B. DAVIS -A. GOLDBERG - ALLENTOWN ASSN. REAUTHORIZATION OF CHAPTER 511 -ART. XXVII- RESTRICTED USE PERMIT ( #59,5/16) That the above item be and the same hereby is received and filed. ADOPTED NO. 70 D. BONIFACIO -W. BERRY -ORD. AMEND.- CHAPTER 511 - ZONING -USE PERMIT REQ. ( #56,4/18) That the above item be and the same hereby is received and filed. ADOPTED NO. 71 ORD. AMEND.- CHAPTER 51 L- ZONING - 511 - 116 -GEN. PROV. (HRG. 9/21) ( #266,7/20) (# 125,9/21) That the above item be and the same hereby is received and filed. ADOPTED NO. 72 LOCAL LAW INTRO #6 (2006)- BOARDS & COMMISSIONS (# 110,3/7) ( #89,3/21) That the above item be and the same hereby is received and filed. ADOPTED NO. 73 LOCAL LAW INTRO #9 (2006)- EXECUTIVE DEPT. (# 113,3/7) ( #92,3/21) That the above item be and the same hereby is received and filed. ADOPTED NO. 74 LOCAL LAW INTRO# 10 (2006) -MIS DEPT. (# 114,3/7) ( #93,3/21) That the above item be and the same hereby is received and filed. ADOPTED NO. 75 LOCAL LAW INTRO# 11 (2006)- PUBLIC WORKS (# 115,3/7) ( #94,3/21) That the above item be and the same hereby is received and filed. ADOPTED NO. 76 BUDGET /PERSONNEL AMENDMENT -COMM. SERVICES (# 116,3/7) ( #95,3/21) That the above item be and the same hereby is received and filed. ADOPTED NO. 77 D. SHEEHAN -NYS DEC -LIST OF ENV. PROJECTS ( #62,3/21) That the above item be and the same hereby is received and filed. ADOPTED NO. 78 COMPREHENSIVE REVIEW OF CITY ZONING ORDINANCE ( #128,2/7) That the above item be and the same hereby is received and filed. ADOPTED NO. 79 STRENGTHENING REGULATION OF SOLID WASTE TRANSPORTING ( #124,10/4) That the above item be and the same hereby is received and filed. ADOPTED NO. 80 S. HALPERN -COB LIVING WAGE COMM.- COMMENTS - RURAL /METRO MEDICAL SERVICES' CONTRACT ( #65,5/16) That the above item be and the same hereby is received and filed. ADOPTED NO. 81 S. MAGAVERN II- COMMENTS - RURAL /METRO EXEMPTION ( #67,5/16) That the above item be and the same hereby is received and filed. ADOPTED NO. 82 S° MAGAVERN II -COB LIVING WAGE COMM. -RULES & PROCEDURES FOR HRGS. RURAL /METRO MED. SVS. ( #53,5/2) That the above item be and the same hereby is received and filed. ADOPTED NO. 83 F. PEREZ -COB FAIR HOUSING OFFICE -RPT. OF INCIDENTS OF BIAS- 1996 -2006 (CIT. SVS.) ( #2,5/16) That the above item be and the same hereby is received and filed. ADOPTED NO. 84 SAVARINO DEVELOPMENT REZONE "EB" AND "R3" TO —'C2" - SPECIAL DEV. PLAN NO. 33 (ITEM NO. 3, C.C.P., MAY 16, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the above - mentioned item be and the same is hereby received and filed. ADOPTED NO. 85 REQ. DEMO -103 & 105 DOAT ST. (ECPI) ( #29,5/16) That the above item be and the same hereby is received and filed. ADOPTED NO. 86 FOOD STORE LICENSE- 819 GENESEE (ITEM NO. 32, C.C.P., MAY 16, 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 is hereby denied ADOPTED NO. 87 FOOD STORE LICENSE- 1200 HERTEL AVENUE (ITEM NO. 110, C.C.P., MAY 16, 2006) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved" That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit & Inspections Services be, and he hereby is authorized to grant a Food Store License to Nagi Berman, located at 1200 Hertel Avenue. PASSED AYES - 9 NOES -0 NO. 88 RESTAURANT DANCING CLASS IV- 274 DELAWARE AVENUE (ITEM NO. 35, C.C.P., MAY 16, 2006) That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit & Inspection Services be, and he hereby is authorized to grant a Restaurant Dancing Class IV license to Andrew Gay, d /b /a Underground, located at 274 Delaware Avenue. PASSED AYES - 9 NOES -0 NO. 89 USED CAR DEALER- 227 PADEREWSKI (ITEM NO. 40, C.C.P., MAY 16, 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 recommitted to the Committee on Finance ADOPTED NO. 90 NOTIF. SERIALS #10103 -10108 (PW) ( #11,5/16) That the above item be and the same hereby is received and filed. ADOPTED NO. 91 DR. L. PEELER -REQ. FOR DEMOLITIONS -101 & 103 DOAT ST. ( #64,4/18) That the above item be and the same hereby is received and filed. ADOPTED NO. 92 UTILITY REPAIR COORDINATION - PUBLIC WORKS ( #131,10/4) That the above item be and the same hereby is received and filed. ADOPTED NO. 93 RESTAURANT DANCING CLASS IV RENEWAL- 2897 BAILEY AVENUE (ITEM NO. 36, C.C.P., MAR. 7, 2006) (ITEM NO. 98, C.C.P., MAR. 21, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved That pursuant to Chapter ! 50 of the City Code, the Commissioner of Economic Development, Permit & Inspection Services be, and he hereby is authorized to renew a Restaurant Dancing Class IV license to Keith McFayden, d /b /a Caribbean Experience located at 2897 Bailey Avenue. PASSED AYES - 9 NOES — 0 NO. 94 RESTAURANT DANCE CLASS IV LICENSE- 228 FRANKLIN (ITEM NO. 41, C.C.P., FEB. 21, 2006) That the Commissioner of Economic Development, Permit and Inspections Services Permit be, and he hereby is authorized to deny a Restaurant Dance Class IV License to Mary Giamo d /b /a Utopia, located at 228 Franklin Street. Denied ADOPTED NO. 95 SIDEWALK CAF4 LICENSE- 3112 -3114 MAIN STREET (ITEM NO. 32, C.C.P., MAY 2, 2006) That the Commissioner of Public Works, Parks and Street be, and he hereby is authorized to issue a "mere license" to Robert Ryan, owner of Vado Pazzo, located at 3112 - 311 "4 Main Street, to install a 21 x 9 sidewalk caf4 which would encroach city right -of -way at said address, subject to the conditions as listed above. PASSED AYES - 9 NOES -0 NO. 96 R. CONNORS -DANGEROUS TRAFFIC SIGNAL - GENESEE & ELLER (#47,3/2 1) That the above item be and the same hereby is received and filed. ADOPTED NO. 97 M. KEARNS -E. KOLODZIEJ -PKG. ON CHOATE AVENUE ( #55,3/21) That the above item be and the same hereby is received and filed. ADOPTED NO. 98 A. THOMPSON -D. SMITH -STOP SIGN INSTALLATION OF LITCHFIELD & WYOMING ( #57,12/27) That the above item be and the same hereby is received and filed. ADOPTED NO. 99 A. THOMPSON -BPD POLICY ON DEATH NOTIFICATION ( #60,5/2 ) That the above item be and the same hereby is received and filed. ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRMAN) NO. 100 M. KEARNS -R. BINKO- PRESENTATION ON SENECA NATION OF INDIANS COMPACT ( #66,5/16) That the above item be and the same hereby is referred to the Special Committee on Waterfront Development. ADOPTED NO. 101 USE OF PKG. LOT - WALDEN NEAR BAKOS BLVD. (PW) ( #23,5/!6) That the above item be and the same hereby is received and filed. ADOPTED NO. 102 SEQR LEAD AGENCY DESIGNATION - HYDRO AIR COMPONENTS, INC. PROJECT (ITEM NO. 58, C.C.P., MAY 16, 2006) Mr. Golombek moved that the above item be recommitted to the Committee on Community Development. ADOPTED NO. 103 M. KEARNS- SURVEY - HICKORY WOODS NEIGHBORHOOD (#49,5/2) That the above item be and the same hereby is received and filed. ADOPTED NO. 104 DESIGN. ENTIRE MASTEN DIST. AS URB. REN. AREA - PROMOTE HOMESTEADING OF VACANT LOTS ( #110,10/18)( #85,11/15) That the above item be and the same hereby is received and filed. ADOPTED NO. 105 D. BONIFACIO- BROADWAY FILLMORE ALIVE PROP. -USE ECKHARDT BLDG. FOR PRESIDENTIAL LIBRARY ( #57,4/18) That the above item be and the same hereby is received and filed. ADOPTED NO. 106 R. FONTANA -J. ADELL - LAIDLAW -REQ. USE OF PKG. LOT - WALDEN NEAR BAKOS BLVD.- EMPLOYEE PKG. ( #60,4/18) That the above item be and the same hereby is received and filed. ADOPTED RESOLUTIONS NO. 107 MR. BONIFACIO & MR. LOCURTO MEMORIALIZATION IN SUPPORT OF NEW YORK STATE SENATE BILL #79!9 AMENDING THE REAL PROPERTY TAX LAW IN RELATION TO ESTABLISHING A THREE -YEAR ASSESSMENT OF REAL PROPERTY IN THE CITY OF BUFFALO Whereas The City of Buffalo conducts property value studies and research to determine the value of taxable parcels in order to assess yearly property taxes; and Whereas- The governing guidelines in which local municipalities are required to abide by in determining property values and the method by which a municipality may use in its collection of property taxes are set by the New York State Rem Property Tax Law; and Whereas: Property values are set by the marketplace and are in fact determined by a number of different aspects; and Whereas: The real estate market is vulnerable to the fluctuation of the economy and that the values of property can just as easily be affected by this fluctuation, it would seem appropriate to set the value of property based on a three year average, and Whereas: By implementing such a process we would give taxpayers a more just value over the long -term and not subject taxpayers to possible spikes in the market or other factors that may result in an unjust assessment of the true value of their property; and Now Therefore Be it Resolved: That the Co - -on Council does hereby commit its full support behind New York State Senate Bill #7919 amending the Real Property Tax Law in relation to establishing a three -year assessment of Real Property in the City of Buffalo; mad Be It Finally Be Resolved: That certified copies of this resolution be sere to Governor George Pataki, NYS Senate Majority Leader Joseph Bruno, Assembly Speaker Sheldon Silver, and the Western New By" Mr. Davis: ADOPTED NO. 108 BY MR. DAVIS .RE: 49TK ANNUAL AILENTOWN ART FESTIVAL WHEREAS, The Allentown Village Society, Inc., has requested permission to conduct the 49th Annual Allentown Art Festival on the Weekend of June 10 and 11 th WHEREAS, The purpose of the festival is to promote fine arts and crafts and support those talented individuals who create such work; and WHE —AS, The Allentown Village Society seeks to heighten public awareness of the fine arts and crafts and to heighten public awareness of all that the Allentown District of the City of Buffalo has to offer; and WHEREAS, Each year the Allentown Art Festival attracts hundreds of thousands of people to the City of Buffalo, including hundreds of talented artists and craftspeople; and WHEREAS, The Special Events Advisory Committee, a committee established pursuant to Chapter 414 of the Charter & Code of the City of Buffalo, has reviewed and duly considered the application of the Allentown Village Society to hold the 49th Annual Allentown Art Festival; and WHEREAS, The Special Events Advisory Committee is recommending that the Common Council approve the same. NOW, THEREFORE, BE IT RESOLVED, This Common Council hereby grants to the Allentown Village Society, Inc. permission to conduct the 49th Annual Allentown Art Festival subject to the terms and conditions contained herein as well as any additional terms and conditions established by the Special Events Advisory Committee. BE IT FURTHER RESOLVED, Date and Time of Event, The event shall take place the weekend of June 10th and 1 Ith, 2006, between the hours of 11:00 A.M. 6:00 P.M. each day and the streets will be closed to general traffic from 8:00 a.m. until 8:00 p.m,. BE IT FURTHER RESOLVED, Event Area. The event area shall be defined as follows: The area bounded by Summer Street on the north, Elmwood Avenue and South Elmwood Avenue (east side) on the west, Tracy Street (extended easterly) on the south, and Main Street (west side) on the east. BE IT FURTHER RESOLVED, Event Participants. The following terms and conditions shall apply to the event area: 1. Art and Craft Exhibitors. Art and /or craft exhibitors shall be permitted at the following locations only: Delaware Avenue between Noah Street and Tupper Street (east and west sides); Franklin Street between Allen Street and Virginia Street (one side only); —ten Street from Elmwood Avenue to Franklin Street (one side only); Virginia Street between Delaware Avenue and Franklin Street (one side only); and Edward Street between Elmwood Avenue and Delaware Avenue (south side only). 2. Approval Process. Only art and craft exhibitors approved in accordance with the Allentown Village Society' s application and selection process will be permitted to participate in the event within the event area defined above, No more than 465 art and —, craft exhibitors will be permitted, Exhibitors engaged in the exhibition or sale of so- called "pseudo" art and commercial exhibitors not engaged in the exhibition or sale of arts and /or crafts shall not be included in that total. No Commercial Vehicles or Large vending stands shall block the northern intersection of Franklin St. and Allen St. Approve as Amended 3. Food Concessionaires and Vendors. Only food concessionaires and vendors approve6 in accordance with the Allentown Village Society's application and selection process will be permitted to participate in the event within the event area defined above. Such approved food concessionaires and vendors shall be located in an area determined by " the Allentown Village Society in accordance with the recommendation of the Commissioner of Police or his or her designee and the Fire Commissioner of Fire or his or her designee. Food concessionaires and vendors will not be permitted to operate outside of the event area. 4. Promotional Items. The Allentown Village Society at its sole discretion, may select and designate a single vendor employing a reasonable number of persons to vend balloons in the event area. The Allentown Village Society may also select and designate a single vendor to produce and sell Art Festival T- shirts, sweatshirts or similar merchandise. Such vendors shall be located by the Allentown Village Society in accordance with the recommendation of the Commissioner of Police or his or her designee and the Commissioner of Fire or his or her designee. 5. Compliance with Existing Laws. Notwithstanding the above, participant concessionaires and vendors are required to comply with all applicable city, county and state licensing and health code requirements. Nothing herein is intended to limit the lawful operation of sidewalk cafe's operating in accordance with Section 413 -59 of the Charter & Code of the City of Buffalo. BE IT FINALLY RESOLVED, 1. Remote Broadcasts. Radio and television broadcasts from remote broadcast units located outside of a building regularly occupied by a radio or television station may be permitted within the event area at the discretion of the Allentown Village Society. No such remote broadcast or telecasts shall be permitted on the public streets or out -of -doors on adjacent private property without the permission of the Allentown Village Society. Promotional activities other than those permitted by the Allentown Village Society are strictly prohibited. 2. Vendor and Exhibitor Identification. The AVS shall provide all participants with suitable identification expressly indicating that each is an authorized participant in the event. Except as herein provided, there shall be no other participants within the event area during the event whether on public streets or out -of -doors on adjacent private property, including, but not limited to, exhibitors, concessionaires, vendors, and performers, individuals engaged promotional activities, fundraising activities, displays of good or otherwise. Performances are prohibited within the event area. 3. Inflatable Devices. All temporary inflatable devices used to advertise or direct attention to a business, service, product and /or activity shall also be excluded from the event area. The property of Chameleon West Studios at 510 Franklin Street shall not be subject to the foregoing provisions. The "Music Is Art" event may also occupy one side of Franklin Street from a point beginning at the south comer of the driveway of 510 Franklin Street naming northerly to the south line of North Street; there shall also be an unoccupied "buffer zone" beginning at the south comer of the aforementioned driveway and running southerly 15 feet along the west curb -line of Franklin Street, then running easterly parallel with the north curb -line of Allen St. to the east curb -line of Franklin Street. The "Music Is Art' event shall be subject to the terms and conditions contained herein as well as any additional terms and conditions established by the Special Events Advisory Committee. HON. BRIAN C. DAVIS PASSED AYES - 9 NOES -0 NO. 109 RE: MUSIC IS ART FESTIVAL WHEREAS, The Music Is Art Foundation (M —A) requests permission to conduct the Music is Art Festival on June 10 and 11, 2006; and WHEREAS, MIA— and Chameleon West Studios plans to record acts as part of a CD /DVD release to be sold locally to raise funds for several non - profit charities; and WHEREAS, The Special Events Advisory Committee (SEAC), established pursuant to City Code Chapter 414, has reviewed and approved the application of MIS to hold said Music is Art Festival; and NOW, THER —FORE, BE IT RESOLVED, This Common Council hereby grants to the Music is 6— Foundation permission to conduct the Music Is Art Festival subject to the terms and conditions contained herein as well as any additional terms and conditions established by the Special Events Advisory Committee. BE IT FURTHER RESOLVED, Date and Time of Event. The event shall take place the weekend of June 10th and 11 Ith, 2006, between the hours of 1 "00 PM and 10:00 PM. BE IT FURTHER RESOLVED, Event Area. The event area shall be defined as follows: The property of Chameleon West Studios at 510 Franklin Street and on Franklin Street at a point beginning at the south corner of the driveway of the aforementioned premises running northerly along the west line of Franklin Street to the south line of North Street, to be occupied on one side only; there shall also be an unoccupied "buffer zone" beginning at the south corner of the aforementioned driveway and running southerly 15 feet along the "west curb -line of Franklin Street, then running easterly parallel with the north curb -line of Allen St. to the east curb -line of Franklin Street. BE IT FINALLY RESOLVED, The following terms and conditions shall apply to the event and must be strictly adhered to: 1. MIA shall forward copy of its security plan and agreement for the Music Is Art Festival to the Special Events Advisory Committee. Security personnel provided under the agreement shall be assigned to MIA event area only. Said plan is subject to the approval of the Special Events Advisory Committee. In order to address concerns of the residents on Franklin Street and the concerns of the Allentown Village Society, Inc., the Honorable Brian C. Davis, Ellicott District Council Member, the City of Buffalo Special Events Coordinator, a representative of the Music Is Art Foundation, and a representative of the Allentown Village Society will meet to gauge the sound levels of the Music Is Art Festival in order to set acceptable sound levels for the Music Is a— Festival. Notwithstanding the above, the sound levels must be in compliance with the Charter & Code of the City of Buffalo. MIA shall submit to the Special Events Advisory Committee a map indicating locations of alcoholic beverages, barricades (with copy of barricade vendor agreement) and barmers, etc. 4. MIA shall submit to the Special Events Advisory Committee a copy of the letter to the Niagara Frontier Transportation Authority, notifying the Authority of the Music Is Art Festival. 5. MIA shall submit to the Special Events Advisory Committee a copy of EMS arrangements for the Music Is Art Festival. Said plan is subject to the approval of the Special Events Advisory Committee. No Commercial Vehicles or Large vending stands shall block the northern intersection of Franklin St. and Allen St. Approve as Amended PASSED AYES - 9 NOES -0 No. 110 RESOLUTION By Mr. Fontana, Mr. Bonifacio, Mr Kearns Re: Side Street Speed Limit Whereas: Current speed limits allow drivers to travel at speeds of up to 30 mph on narrow and congested neighborhood streets; and Whereas: In many cases a legal speed limit of 30 mph is unsafe due to the existence of parked cars, children crossing, bicyclists and other potential obstructions in the roadway; and Whereas: A vehicle traveling at a speed of 30 mph needs 200 feet inclusive of reaction time of breaking distance to come to a complete stop; and Whereas: Lowering the legal speed limit of local streets to 25 mph would shave off 50 ft of braking distance from that of a 30 mph speed limit; and Whereas" In an unpredictable driving situation, 50 feet could easily make the difference in a pedestrian being struck or any other dangerous accidents; and Whereas" In the event of a pedestrian being hit by a car traveling at 25 mph or less as opposed to higher rates of speed, the chances at of a fatality are greatly reduced; and Whereas- The existence of speed limits exist to protect the public. While most drivers use common sense driving practices and lower their speed accordingly to the situation, many drivers will always drive the max and in this case a max speed of 30pmh on narrow local streets is potentially unsafe. Now, Therefore Be It Resolved That" This Common Council requests that the Commissioner of Public Works report back advising on the feasibility of implementing a 20 -25 mph speed limit on the City's side streets. Be It Further Resolved That: This resolution be sent to the appropriate committee for further consideration. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS, THE CORPORATION COUNSEL AND THE COMMISSIONER OF POLICE NO. 111 By: Mr. Fontana Re- Discharge Legislation Committee Item #116 C.C.P. May 16, 2006 "Food Store Liense -1199 Seneca (Lovejoy) ( #38, 4/4)" WHEREAS: THE ABOVE ITEM IS CURRENTLY IN THE LEGISLATION COMMITTEE; AND WHEREAS; It is no longer necessary for this item to be considered by that committee; Now, Therefore Be it Resolved: That this Common Council does hereby discharge the Legislation Committee from further consideration of Item 116, C.C.P. May 16, 2006, "Food Store License -1199 Seneca (Lovejoy) ( #38, 4/4)" and said item is now before the Common Council for its consideration. Mr. Bonifacio moved: That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Entesar Alkaatari located at 1199 Seneca Street. Passed. AYES -9 NOES -0 By: Mr. Fontana NO. 112 Re: Ordinance Amendment Chapter 265, Property Managers The Common Council of the City of Buffalo does hereby ordain as follows That Chapter 265 of the Code of the City of Buffalo be amended to read as follows: Chapter 265, Property Managers § 265 -1. Legislative Findings and Intent. The Common Council of the City of Buffalo hereby finds and declares that the management and rental of residential properties constitutes a business which impacts upon the public health, safety and general welfare of the people of the C of Buffalo. The intent of this chapter is to regulate the management of residential rental properties to protect the public health, safety and general welfare of the people of the City of Buffalo. 265-2. Definitions. "PROPERTY MANAGER" an individual or entity who engages in the property management of more than three (3) residential properties in the City of Buffalo for a fee or salary. A residential property occupied by its owner shall not be included in any calculation to determine property manager stares. "PROPERTY MANAGEMENT" the engaging on behalf of an owner of residential property of those activities commonly associated with the operation and rental of more than three U residential properties including but not limited to: the advertising or soliciting of apartments or rental units for rent: tenant review and screening: the collecting and /or oversight of rental profits: and /or the conducting of and /or arranging for general repairs and maintenance of residential properties in the City of Buffalo. § 265 -3. License Required. No person or entity shall act as a property manager or engage in property management activities within the meanings of this chapter without first obtaining a license from the Commissioner of Economic Development, Permits and inspections Services. § 265 -4. Applications: filing of required information. A. Every applicant for a license issued pursuant to this chapter shall submit the following information" 1.The name, address, and telephone number of the individual or entity applying for the license: 2. A description of all properties proposed to be managed by the applicant including the street addresses, owners, and number of units. 3. Proof of insurance in amounts satisfactory to the Department of Economic Development, Permits and Inspections Services. 4. Other reasonable information as required by the Department of Economic Development, Permits and Inspections Services. B. Such information shall be filed and updated annually with the Department of Economic Development, Permits and Inspections Services. § 265 -5. Referral of license application, All applications for licenses and renewals thereof shall be referred by the Commissioner of Economic Development, Permits and Inspections Services to the City of Buffalo Common Council and the Buffalo Police Department for approval. Upon receipt of said referral, the Buffalo Police Department shall promptly cause an investigation to be made into the background and reputation of the applicant and shall promptly report to the Commissioner of Economic Development, Permits and Inspections Services as to whether or not approval and issuance of the license is recommended. If approval is not recommended, such report shall state the reasons therefore. 265 -6. Conditions. The City of Buffalo may impose reasonable conditions upon any license issued pursuant to this chapter. § 265 -7 Expiration All licenses issued pursuant to this chapter shall expire on the thirty -first (31) day of December after issuance. Each applicant for re- issuance or renewal shall be required to submit a new application in accordance with the requirements set forth in this chapter. § 265 -8. Inspections. The City of Buffalo, its departments, and agents may inspect any property managed by a licensee at any reasonable hour. 265 -9. Revocation of license A license issued pursuant to this chapter may be revoked, or renewal thereof refused for cause by the Commissioner of Economic Development, Permits and Inspections Services after notice and hearing. Any violation of or failure to comply with any of the laws or ordinances applicable to the management of residential properties shall be cause for revocation or non - renewal. The Commissioner may consider such factors, including, but not limited to, the nature and disposition of any notices of violation from the Bureau of Administrative Adjudication issued for conduct at the property: and the nature and frequency of complaints about the property generated from, among other sources, Police Department incident reports, 911 calls, property inspection reports and other verifiable information reported to the City, § 265 -10. Transferability. Licenses issued hereunder are not transferable. 265 -11. Violations. Any individual or entity engaging activity in violation of this chapter shall be subjected to the penalties provided in § 1 -15 of the City of Buffalo Charter and Code. 4 266 -12. Fees. The fees for licenses issued pursuant to this chapter shall be as provided in Chapter 175, Fees. APPROVED AS TO FORM NOTE" Matter underlined is new, matter in brackets is to be deleted. REFERRED TO THE COMMITTEE ON LEGISLATION AND EDPI NO. 113 Nr Golombek [Display Banner for Open Air Film Festival] Dolce Far Niente Siempre, Inc. will present the Fifth Annual "Sotto Le Stelle -Free Open Air Film Festival" each Friday in July 2006, and To promote this event the organizers have requested permission to display a banner on Elmwood Avenue; and, The banner will be hung across Elmwood Avenue between Pole #215 and the building located at 820 Elmwood Avenue. The organizers would like to hang the banner starting on June 10th, 2006 and will have it taken down by July 29th, 2006 Now, Therefore, Be It Resolved: This Common Council recognizes the importance of cultural events that support neighborhood business districts by attracting people. The organizers of the "Sotto Le Stelle - Free Open Air Film Festival" are granted permission by this Honorable Body to hang a banner, pursuant to the conditions set forth by the Commissioner of Public Works, at the above location from, June 10th, 2006 to July 29th, 2006. PASSED AYES -9 NOES -0 NO. 114 By: Mr. Golombek (Savarino Development, Rezone "EB" and "R3" to —'C2" Special Development Plan No. 33)(Elmwood Village Hotel Project) WHEREAS: On May 11, 2006, the City Planning Board filed a communication with the Common Council addressing comments it had received from the Erie County Division of Planning dated March 27, 2006 regarding the proposed Elmwood Village Hotel Project and they filed the Erie County Division of Planning's comments dated March 27, 2006 with the Common Council; Whereas: This communication stated that the City Planning Board had discussed and reviewed Erie County's comments and that the City Planning Board did not recommend or propose any modifications to its Negative Declaration and reasserted its approval of the project; Whereas On May 23, 2006, William Grillo, Principal Planner for the City of Buffalo and senior staff to the City Planning Board appeared at the Common Council's Committee on Legislation meeting and explained the Planning Board's communication and detailed how the Planning Board looked at and examined the County's comments; Now, Therefore, Be It Resolved: That the Common Council having reviewed the communication from the City Planning Board; the comments from Erie County Division of Planning dated March 27, 2006; and having heard from William Grillo, and after due deliberation and consideration thereon, hereby reaffirms its previous adoption of the City Planning Board's SEQRA Negative Declaration and approval of the Special Development Plan Serial #33 Rezoning Petition with the condition that there be 72 guest rooms as the maximum number allowed. PASSED AYES — 9 NOES -0 NO. 116 RESOLUTION Sponsor: Michael J. LoCurto 2006 Greater Buffalo Italian Heritage and Food Festival Whereas: The North- Buffalo Community Development Corporation. Hertel North Buffalo Business Association, and the West Side Business and Taxpayers Association, Inc. have requested permission to, again, jointly conduct the Greater Buffalo Italian Heritage and Food Festival from- July 13 through July 16, 2006, on Hertel Avenue; and Whereas: These groups are also requesting that Hertel Avenue be closed to vehicular traffic between Delaware and Cotvin Avenues during the above dates, and that cross streets between Colvin and Delaware Avenues, and also Linden and Tacoma between Colvin and Delaware Avenues, be designated festival areas; and Whereas: This festival will be a major expression of kalian Heritage which includes culture, customs, and foods and wilt once again attract people from hundreds of miles away; and Whereas: The Italian Festival Committee wilt continue the drastic changes that were made in 2002 in an effort to focus more on Italian Heritage. The changes are as follows" (A) The festival will run from Thursday, July 13, 2006, to Sunday, July 16, 2006 (4 days) (B) The hours of operation will be from 11:00 AM to 11:00 PM on Thursday, Friday, and Saturday, and from 11:00 AM to 10:00 PM on Sunday. (C) The Festival Committee shall control the area bounded by Delaware Ave. from Linden to Tacoma Ave., Tacoma Ave. from Delaware Ave. to Colvin Ave., Colvin Ave. From Tacoma Ave. to Linden Ave., Linden Ave. from Colvin Ave. to Delaware Ave. (D) Within the above area, the festival will operate from just west of Virgil Ave. to just east of Crestwood Ave. shortening the operating area by approximately three blocks. (E) All large amusement rides and al! games of chance will be eliminated. (F) Where and when possible, al! residents and businesses on Hertel Ave. between Delaware Avenue and Virgil Ave. will have access to their property. The Festival Committee will maintain the increased level and presence of security throughout the area agreed to by you and the Festival Board. (G) Electrical power provided by private source will eliminate large and noisy diesel generators with a whisper quiet electrical generators which eliminate al! hazardous wires criss-crossing the street. (H) The Festival Committee will be eliminating most non -food vendors thereby re- focusing our attention on ethnic and cultural areas. Now Therefore Be It Resolved: The North Buffalo Community Development Corp., Hertel North Buffalo Business Assn., and the West Side Business and Taxpayers Assn., Inc. are hereby granted permission to join@ conduct the 2006 Greater Buffalo Italian Heritage and Food Festival subject to the following conditions: (A) The Festival shall be conducted on Hertel Avenue from July 13, through July 16,2006, between the hours of 11:00 AM and 1 t:00 PM, except Sunday when the hours are 11:00 AM to !0:00 PM with Tuesday July 11, 2006 after 6:00 PM and Wednesday, July 12, 2006 to be used only as set up days, and Monday, July 17, 2006, to be used only as a breakdown day with traffic to recommence by 6:00 AM of that day; (B) Hertel Avenue, between Crestwood and Tennyson Avenues, shall be dosed to vehicular and bicycle traffic, and dogs and other animals shall be prohibited during the festival. In addition, cross streets bounded by Colvin, Linden, Delaware, and Tacoma Avenues, including those boundary streets, shall be part of the festival area subject to its rules and regulations. Permitees with the cooperation of and at the direction of the Police Department will furnish and locate barriers to be placed at the beginning time of the festival and to be removed at the end of the festival; ©That the city -owned residential area parking lot, located behind 1180 Hertel shall be closed to general use and shall be reserved solely forthose residents of Hertel Avenue residing within the festival area, and this restriction shall be enforced strictly by the city and festival committee; (D) That the festival committee be, and hereby is, authorized to erect appropriate banners and fittings on street lamp posts on Hertel Avenue from the easterly side of Colvin to the westerly side of Delaware, and to hang a banner across Hertel and at Sorrento's on South Park, all within conditions specified by the Department of Public Works; (F) Permitees shall furnish to the City of Buffalo proper liability insurance as determined by Special Events Committee and Corporation Counsel; Permitees shall assume complete responsibility for removing barriers, pennants, decorations, barricades, stands, equipment and any trash or debris in the area arising out of the festival; (G) Permitees shall assume complete responsibility for conducting the festival in compliance with all laws and ordinances applicable, and with all directives of the various city departments, including Police, Fire, Street Sanitation, Transportation, and Public Works; (H) Permission is hereby granted for the above under such terms and conditions so as to protect the interest of the City- of Buffalo, as set forth bythe Special Events Committee. ADOPTED LViIZRI:111*11 =II NO. 116 Notification of City Ordinances for Home Owners & Residents Whereas The Common Council, as the Legislative Body for the City of Buffalo, routinely enacts ordinances on behalf of the residents of the City of Buffalo; and Whereas Often, Ordinances approved by the Common. Council and Mayor of the City of Buffalo, not only change the practice or procedure -by which many residents have operated in the City of Buffalo for years but also include a fine for violation of the City' Ordinance; and Whereas At the time the ordinance amendment is passed, it is often mentioned briefly in local media outlets, but quickly passed over and forgotten, until enforcement and fines are issued; and Whereas The method by which residents and home owners are notified of new Ordinances and /or Amendments needs to be reviewed to be sure that all residents are sufficiently notified; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo does hereby request that copies of this resolution be forwarded to the Mayor's Office, all City of Buffalo Department Heads, and the City Clerk for a response as to how each. department notifies the public of new Ordinances and Ordinance Amendments pertaining to their departments; and Now, Therefore, Be It Further Resolved: That this resolution be referred to the appropriate Council Committee for further consideration. ADOPT 1 ST RESOLVE THE REMAINER TO THE COMMITTEE ON LEGISLATION Bonnie Russell No. 117 BUDGET AND PERSONNEL AMENDMENT 05- DEPARTMENT OF LAW 1046 -ADMINISTRATION The Common Council of the City Of Buffalo does ordain as follows" That part of Section 1 of Chapter 3 5 of the Code of the City of Buffalo, relating to 05 - Department of Law 1046- Administration which currently reads" 1 Senior Deputy Corporation Counsel $ 73,192 Is hereby amended to read" 1 Senior Deputy Corporation Counsel for Municipal Law and Administrative Adjudication $78,192 IT IS HEREBY CERTIFIED, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. JAMES B MILROY Ph.D., COMMISSIONER OF ADMINISTRATION, FINANCE AND URBAN AFFAIRS, AND ALISA A. LUKASIEWICZ, CORPORATION COUNSEL, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, pursuant of Section 24 -15 the Charter of the City of Buffalo hereby certify that contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be sub served by the increase in compensation provided for the positions set forth in the foregoing ordinance. PASSED AYES — 9 NOES — 0 APPROVED AS TO FORM Ms. RUSSELL NO. 118 BUDGET AND PERSONNEL AMENDMENT 55- DEPARTMENT OF COMMUNITY SERVICE 1301 - ADMINISTRATION The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 55 - Department of Community Service 1301 - Administration which currently reads: 1 Commissioner of Community Services $ 73,335 Is hereby amended to read: 1 Commissioner of Community Services & Recreational Programming $79,335 This shall be effective January 1, 2006 IT IS HEREBY CERTIFIED, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. JAMES B MILROY Ph.D., COMMISSIONER OF ADMINISTRATION, FINANCE AND URBAN AFFAIRS, AND BYRON W. BROWN, MAYOR, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, pursuant of Section 24 -15 the Charter of the City of Buffalo hereby certify that contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be sub served by the increase in compensation provided for the positions set forth in the foregoing ordinance. APPROVED AS TO FORM PASSED AYES — 9 NOES — 0 NO. 119 RESOLUTION By: Mr. Thompson Re: Request to create an Olmsted High School Whereas: Parents of Buffalo Public School Students have previously requested to have Frederick Law Olmsted Educational Programming instituted in additional BPS grammar schools and high schools; and Whereas: As magnet schools, there are very few openings for new student placement; and Whereas- Currently, only PS #56 Frederick Law Olmsted exists as a grammar school and only City Honors School and Hutchinson Technical Institute exist as prepped high schools; and Now, Therefore Be It Resolved That: This Common Council hereby requests that the Buffalo Board of Education conduct a study of the feasibility of creating an Olmsted High School to open for the 2007 -2008 academic year; and Now, Therefore Be It Finally Resolved That: This Common Council also hereby requests that this item be referred to the Committee on Education, in addition to seeking responses from the Board of Education for the next Common Council Meeting scheduled for Tuesday, June 13, 2006. ADOPTT 1 sT RESOLVE THE REMAINDER REFERRED TO THE COMMITTEE ON EDUCATION AND THE BOARD OF EDUCATION NO. 120 By: Mr. Thompson Re: Request to Hang Banners on Fillmore & North Parade and Fillmore & Best Whereas: Buffalo's Juneteenth Festival, Inc. is celebrating its 31 st Anniversary; and Whereas -The City of Buffalo's Juneteenth Festival is the 3 -d largest Juneteenth Festival throughout the United States; and Whereas: The Juneteenth Festival!, Inc. has requested to hang banners approximately two (2 ") feet wide by seventy -two (72 ")feet tall! and be installed with double bracketed poles; and Whereas: Ace Flag, a contractor of both Forest Lawn Cemetery and Canisius College, has been chosen to provide the banners and their respective installation; and Whereas- The banners will be placed on light poles at the intersection of Fillmore Avenue and Best Street, and on light poles at the intersection of Fillmore Avenue and North Parade Avenue; and Now, Therefore Be It Resolved That: This Common Council hereby requests that the Department of Public Works grant the necessary permission to Buffalo's Juneteenth Festival, Inc. to install banners along Fillmore Avenue and Best Avenue. PASSED AYES -9 NOES -0 NO. 121 By: Mr Thompson Re: Amend Friends to the Elderly Community Center's aka FTE'S Lease Agreement Whereas: Many of the community centers in the City of Buffalo receive a majority of their funding through CDBG; and Whereas: Friends to the Elderly Community Center aka FTE has not received any form of CDBG funding since 2002; and Whereas: As compensation, Friends to the Elderly Community Center would like to respectfully request retroactive relief from 100% of utility services: water, electric, and gas; and Whereas" Upon Friends to the Elderly Community Center securing funding from the City of Buffalo under CDBG, the parties will enter into a percentage arrangement commensurate with and for the duration of such funding. Now, Therefore Be It Resolved That: This Common Council hereby requests that the Law Department amend Friends to the Elderly's lease agreement to include payment of 100% of utilities by the City of Buffalo. Now, Therefore Be It Finally Resolved That: This Common Council also hereby requests that this item be sent to the Committee on Finance and the Law Department, seeking a response by the next meeting of the Common Council of Tuesday, June 13, 2006. REFERRED TO THE COMMITTEE ON FINANCE No. 122 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 Mr Mark P Cazzara By Councilmember Kearns, Franczyk, Chwalinski ADOPTED No. 123 ANTOINE M. THOMPSON Appointments Commissioner of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2006, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Joseph Kelly Laurence Adamczyk RemyOrffeo Michael Charlebois Alexis Oberlander Ann Gemerek Thomas Gwitt Linda King Michael Fahey Monicqa Lorrence Dorothy Furtney Guy Marlette Lisa Januszkiewicz Total 13 ADOPTED BY ANTOINE THOMPSON No. 124 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 Jonathan Rivera Carol Burns Evelyn Rodriguez Francisco Guzman TOTAL4 ADOPTED NO. 126 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. Regular Committees Committee on Civil Service Tuesday, June 6, 2006 at 9 "45 o'clock A.M. Committee on Finance following Civil Service Tuesday, June 6, 2006 at 10 "00 o'clock A.M. Committee on Comm Dev Tuesday, June 6, 2006 at 1:00 o'clock P.M. Committee on Legislation Tuesday, June 6, 2006 at 2:00 o'clock P.M. Special Committees Special Civil Service Mtg. Wednesday, May 31, 2006 at 10:30 o'clock A.M. in Room 1417 City Hall on Pension Benefits for Mr. D'Amico. Special Leg. Comm. Mtg. Wednesday, May 31, 2006 at 2:00 o'clock P.M. in Room 1417 City Hall on Possible Collaboration Efforts on SEQRA Related Actions. Waterfront Development Wednesday, June 7, 2006 at 10:00 o'clock (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware: therefore, unless we receive notice from the respective Chairmen, we can only make notification of what "we are made aware. NO. 126 Adjournment On a motion by Mr. Bonifacio, Seconded by Mrs. Russell, the Council adjourned 3:OOPM