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Home My WebLink About06-0613No.12 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO June 13, 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, JUNE 13, 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 30, 2006 were approved. y :IQ r i 111! 9. 1 =111 L r i/ Wks] N NO. 1 BY; MR. THOMPSON: ORDINANCE AMENDMENT CHAPTER 96, BONDS AND CONTRACTS The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 96 of the Code of the City of Buffalo be amended to read as follows: § 96 -13 (G)(1) Apprenticeship Training Program Pursuant to New York State Labor Law 816 -b, the City of Buffalo hereby requires all contractors and subcontractors entering into any construction contracts with the City of Buffalo, to have established apprenticeship agreements appropriate for the type and scope of work to be performed under the contract, that has been approved by the NYS Commissioner of Labor. Construction contracts shall mean any contract, which involves construction, reconstruction, improvement, rehabilitation, installation, alteration, renovation, demolition, or otherwise providing for any building, facility, or physical structure of any kind with a value in excess of [$250,000] $100,000. § 96 -13 U Workforce Development and Diversification Apprenticeship Training Program Definitions: "Worker Training Program" shall mean: a state registered apprenticeship program through New York State Department of Labor that includes the following standards: (a) An organized, written plan in place that embodies the terms and conditions of employment, and the training and supervision of one or more workers: and (b) A schedule of wages to be paid to the worker consistent with the skills required and approved by the New York State Department of Labor: and (c) Equal opportunity and affirmative action plans: and (d) Workforce development and diversification goals ensuring that the contractor will work toward a minority workforce goal of 25 %, and women workforce goal of 5% combined in project personnel including trades people, trainees, journeymen, apprentices, and supervisory staff: and (e) A minimum often (10 %) percent of the workforce employed by any and all contractors and subcontractors be done by a person or persons participating in an apprenticeship program which has been registered with and approved by the New York State Commissioner of Labor in accordance with Article 23 of the NEW YORK LABOR LAW: and (f) Residency goals ensuring that the contractor will work toward a minimum of twenty -five (25 %) percent of the workforce to include qualified residents from the City of Buffalo. "Commissioner" shall mean the Commissioner of the City of Buffalo Department of Public Works. "Construction contract" shall mean any contract to which the City of Buffalo shall be a signatory, which involves the construction, reconstruction, improvement, rehabilitation, installation, alteration, renovation, demolition, or otherwise providing for any building, facility, roads, highways, bridges, or physical structure of any kind. "Construction subcontract" shall mean any subcontract between a contractor who has a construction contract with the City of Buffalo which involves the construction, reconstruction, improvement, rehabilitation, installation, alteration, renovation, demolition, or otherwise providing for any building, facility, roads, highways, bridges, or physical structure of any kind. "Contractor" or "subcontractor" shall mean a contractor or subcontractor that directly employs workers under a construction contract or construction subcontract, as defined herein, for which a worker - training program, registered through New York State Department of Labor is required. "Construction worker" shall mean an individual directly involved in the construction, reconstruction, improvement, rehabilitation, installation, alteration, renovation, demolition, or otherwise providing for any building, facility, roads, highways, bridges, or physical structure of any kind. (1) Requirements and Exceptions (a) Any contractor, prior to entering into a construction contract, as defined herein, with the City of Buffalo, or any subcontractor entering into a construction contract as defined herein, with a contractor who has a construction contract, as defined herein with the City of Buffalo, is required to have in place at the time of bid a NYS Department of Labor apprenticeship training program, as defined herein, either internally to the contractor or subcontractor and /or through an organization servicing several contractors or subcontractors, appropriate for the type and scope of work to be performed. (b) The Commissioner shall file reports on a quarterly basis with the Mayor of Buffalo and the Common Council as the training of workers and certification. ( c) Any contractor with the City of Buffalo, or any subcontractor entering into a construction subcontract with a contractor who has a Construction contract with the City of Buffalo, is required to ensure that the workforce which it engages to perform work in execution of the contract or subcontract meets the minimal workforce diversification standards as defined above, such contractors and /or shall provide the Commissioner or designated compliance officer with the following_ (1) A monthly workforce census and such other employment and /or payroll records necessary to verify achievement of the workforce diversitygoals and the demonstrate compliance with the minimum standards. (ii) Access and cooperation to the project compliance officer to review records on -site and /or at worksite premises to validate workforce participation. (Iii) With bid submission, a statement committing to providing apprenticeship training opportunities to workers, as well as details of workforce diversification recruiting programs directed at attracting candidates to fill positions to meet such requirements. (2) Rules & Regulations The Commissioner of the City of Buffalo Department of Public Works is hereby authorized to promulgate such rules and regulations that are lawful, necessary and appropriate to implement, enforce, or otherwise carry out the purpose of this section. (3) Equal Employment Opportunity Oversight The Commissioner of Community Services and Recreational Programming for the City of Buffalo shall conduct oversight and review functions over apprenticeship training programs operated in accordance with the provisions of this section to ensure compliance with federal, state, and local laws and regulations concerning minority and women participation, and shall report to the Common Council annually concerning such compliance. (4) Penalties Violation of any provision of this section may constitute cause, grounds or other legal justification for termination of any contractual agreement with any contractor or subcontractor engaged in a construction contract or construction subcontract with the City of Buffalo, in accordance with city, county, and state laws, rules, and regulations governing the termination of such contractual agreements. (5) Severability If any clause, sentence, paragraph, subdivision, section or part of this section or the application thereof, to any person, individual, corporation, firm, partnership, entity or circumstance, shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional such order of judgement shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this section or in its application to the person individual corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such judgement or order shall be rendered. (6) Expiration The Apprenticeship Training Program ordinance as contained in § 96 -13(G) and § 96 -13(H) of this chapter, and all enforcement thereof shall expire on July 1, 2007. The Common Council, by a majority vote, may extend this ordinance and its enforcement beyond the expiration date. It is hereby certified pursuant to 3 -19 of the City Charter that the immediate passage of this ordinance is necessary APPROVED AS TO FORM Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. PASSED AYES - DAVIS, FONTANA, FRANCZYK, LOCURTO, RUSSELL, THOMPSON — 7 NOES — BONIFACIO, GOLOMBER - 2 NO. 2 BY; MR. THOMPSON: RE: ORDINANCE AMENDMENT CHAPTER 96, BONDS AND CONTRACTS The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 96 of the Code of the City of Buffalo be amended to read as follows: § 96 -13 (G)(1) Apprenticeship Training Program Pursuant to New York State Labor Law 816 -b, the City of Buffalo hereby requires all contractors and subcontractors entering into any construction contracts with the City of Buffalo, to have established apprenticeship agreements appropriate for the type and scope of work to be performed under the contract, that has been approved by the NYS Commissioner of Labor. Construction contracts shall mean any contract, which involves construction, reconstruction, improvement, rehabilitation, installation, alteration, renovation, demolition, or otherwise providing for any building, facility, or physical structure of any kind with a value in excess of [$250,000] $100,000. § 96 -13 U Workforce Development and Diversification Apprenticeship Training Program . Definitions: "Worker Training Program" shall mean: a state registered apprenticeship program through New York State Department of Labor that includes the following standards: (a) An organized, written plan in place that embodies the terms and conditions of employment, and the training and supervision of one or more workers: and (b) A schedule of wages to be paid to the worker consistent with the skills required and approved by the New York State Department of Labor: and (c) Equal opportunity and affirmative action plans: and (d) Workforce development and diversification goals ensuring that the contractor will work toward a minority workforce goal of 25 %, and women workforce goal of 5% combined in project personnel including trades people, trainees, journeymen, apprentices, and supervisory staff: and (e) A minimum often (10 %) percent of the workforce employed by any and all contractors and subcontractors be done by a person or persons participating in an apprenticeship program which has been registered with and approved by the New York State Commissioner of Labor in accordance with Article 23 of the NEW YORK LABOR LAW: and (f) Residency goals ensuring that the contractor will work toward a minimum of twenty -five (25 %) percent of the workforce to include qualified residents from the City of Buffalo. "Commissioner" shall mean the Commissioner of the City of Buffalo Department of Public Works. "Construction contract" shall mean any contract to which the City of Buffalo shall be a signatory, which involves the construction, reconstruction, improvement, rehabilitation, installation, alteration, renovation, demolition, or otherwise providing for any building, facility, roads, highways, bridges, or physical structure of any kind. "Construction subcontract" shall mean any subcontract between a contractor who has a construction contract with the City of Buffalo which involves the construction, reconstruction, improvement, rehabilitation, installation, alteration, renovation, demolition, or otherwise providing for any building, facility, roads, highways, bridges, or physical structure of any kind. "Contractor" or "subcontractor" shall mean a contractor or subcontractor that directly employs workers under a construction contractor construction subcontract as defined herein, for which a worker - training program, registered through New York State Department of Labor is required. "Construction worker" shall mean an individual directly involved in the construction, reconstruction, improvement, rehabilitation, installation, alteration, renovation, demolition, or otherwise providing for any building, facility, roads, highways, bridges, or physical structure of any kind. (1) Requirements and Exceptions for Any contractor, prior to entering into a construction contract, as defined herein, with the City of Buffalo, or any subcontractor entering into a construction contract as defined herein, with a contractor who has a construction contract, as defined herein with the City of Buffalo, is required to have in place at the time of bid aNYS Department of Labor apprenticeship training program, as defined herein, either internally to the contractor or subcontractor and /or through an organization servicing several contractors or subcontractors, appropriate for the type and scope of work to be performed. (to The Commissioner shall file reports on a quarterly basis with the Mayor of Buffalo and the Common Council as the training of workers and certification. (c) Any contractor with the City of Buffalo, or any subcontractor entering into a construction subcontract with a contractor who has a construction contract with the City of Buffalo, is required to ensure that the workforce which it engages to perform work in execution of the contract or subcontract meets the minimal workforce diversification standards as defined above, such contractors and /or shall provide the Commissioner or designated compliance officer with the following_ (1) A monthly workforce census and such other employment and /or payroll records necessary to verify achievement of the workforce diversity goals and the demonstrate compliance with the minimum standards. (ii) Access and cooperation to the project compliance officer to review records on -site and /or at worksite premises to validate workforce participation. (iii) With bid submission, a statement committing to providing apprenticeship training opportunities to workers, as well as details of workforce diversification recruiting programs directed at attracting candidates to fill positions to meet such requirements. (2) Rules & Regulations The Commissioner of the City of Buffalo Department of Public Works is hereby authorized to promulgate such rules and regulations that are lawful, necessary and appropriate to implement, enforce, or otherwise carry out the purpose of this section. (3) Equal Employment Opportunity Oversight The Commissioner of Community Services and Recreational Programming for the City of Buffalo shall conduct oversight and review functions over apprenticeship training programs operated in accordance with the provisions of this section to ensure compliance with federal, state, and local laws and regulations concerning minority and women participation, and shall report to the Common Council annually concerning such compliance. (4) Penalties Violation of any provision of this section may constitute cause, grounds or other legal justification for termination of any contractual agreement with any contractor or subcontractor engaged in a construction contract or construction subcontract with the City of Buffalo, in accordance with city, county, and state laws, rules, and regulations governing the termination of such contractual agreements. (5) Severabilitv If any clause, sentence, paragraph, subdivision, section or part of this section or the application thereof, to any person, individual, corporation, firm, partnership, entity or circumstance, shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional such order of judgement shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this section or in its application to the person individual corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such judgement or order shall be rendered. (6) Expiration The Apprenticeship Training Program ordinance as contained in § 96 -13(G) and § 96 -13(H) of this chapter, and all enforcement thereof shall expire on July 1, 2007. The Common Council, by a majority vote, may extend this ordinance and its enforcement beyond the expiration date. (7) Exemption: That (96 -13G) and (96 -13H shall not apply to companies of seven U employees or more It is hereby certified pursuant to 3 -19 of the City Charter that the immediate passage of this ordinance is necessary Approved as to Form NOTE: Matter underlined, is new, matter in brackets is to be deleted. LOST AYES — FONTANA, FRANCZYK, GOLOMBEK— 3 NOES BONIFACIO, DAVIS, KEARNS, LOCURTO, RUSSELL, THOMPSON — 6 NO. 3 FOUR YEAR FINANCIAL PLAN Available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON BUDGET NO. 4 APPOINT DONNA J. ESTRICH COMMISSIONER - DEPARTMENT OF ADMINISTRATION FINANCE AND URBAN AFFAIRS Pursuant to Article 10, section 10 -2 of the Charter of the City of Buffalo, I hereby appoint Donna J. Estrich, 31 Ashland Avenue Buffalo, NY 14222 to the position of Commissioner of Administration, Finance and Urban Affairs of the City of Buffalo, at a salary of $83,000. Ms. Estrich earned a Bachelor of Science degree in 1979 from the State University College at Buffalo. Over the past ten years, Ms. Estrich worked her way through the ranks from Assistant Management Analyst to her current position as Principal Management Analyst. Ms. Estrich has done an outstanding job in that capacity and has earned the appointment to Commissioner of Administration, Finance and Urban Affairs. As the chief assistant to the former Commissioner, Ms. Estrich developed a broad understanding not only of the fiscal operations of the City of Buffalo, but also acquired the necessary knowledge and comprehension of the interaction with various State departments, the County of Erie, bond rating agencies, the Common Council, the Buffalo Fiscal Stability Authority, and the Office of the City of Buffalo Comptroller. Furthermore, Ms Estrich has demonstrated that she has a keen understanding of all the divisions within the Department of Administration, Finance and Urban Affairs, as well as all City Departments and agencies. I hereby certify that Donna J. Estrich is well qualified to discharge the duties of Commissioner of Administration, Finance and Urban Affairs of the City of Buffalo, and I am proud to appoint her to this position. I urge this Honorable Body to confirm Ms. Estrich as the Commissioner of Administration, Finance and Urban Affairs at its earliest opportunity. Mr. Bonifacio moved: That the above communication from the Mayor dated June 12, 2006, be received and filed; and That the appointment of Donna J. Estrich, residing at 31 Ashland Avenue as Commissioner of the Department of Administration, Finance and Urban Affairs, be and is hereby approved. PASSED AYES - 9 NOES -0 assed FROM THE OFFICE OF STRATEGIC PLANNING NO. 6 ABANDONMENT AND SALE OF FAIRFIELD LIBRARY - 1669 AMHERST DELAWARE DISTRICT The Office of Strategic Planning, Division of Real Estate, has received a request from Casey Kratt of 64 Amherst Street (P.O. Box 745) Buffalo, New York 14207 to purchase the former Fairfield Library located at1659 Amherst Street. Mr. Kratt intends to use the premises for his residence and for his photography business. Your Honorable Body may authorize the sale of the property In accordance with Article 27, Section 27 -5 of the City Charter - Sale by Appraisal. I am requesting that Your Honorable Body authorize the abandonment /sale of the property by appraisal and direct this office to negotiate the sale and report the results of negotiations with Your Honorable Body for final approval. Mr. Bonifacio moved: That the above communication from the Department of Strategic Planning, Division of Real Estate dated June 6, 2006 be received and filed; and That the City of Buffalo does hereby abandon 334 East Utica Street in accordance with Article 27, Section 27 -5 of the Charter - Sale by Appraisal of the City of Buffalo; and That the Director of Real Estate be, and he hereby is authorized to negotiate a sale with Casey Krat, and that the recommendations of the Appraisal Review Board and results of negotiations be reported back to the Common Council for final approval of the sale of 1659 Amherst - Fairfield Library. PASSED AYES - 9 NOES -0 NO. 6 ARISE MINISTRIES REQUEST TO USE CITY -OWNED LOT 341 FOURTEENTH, N COR. RHODE ISLAND LOT SIZE: 128'X 116'(A// The Office of Strategic Planning, Division of Real Estate, has received a request from Pastor Frank Vitello of Arise Ministries, 25 Calumet Place, Buffalo, New York 14207 to use the City -owned vacant lot at 341 14th Street. The purpose is to hold a camp revival meeting open to the public beginning on Thursday, August 10 ,2006 through Tuesday, August 15, 2006. Arise Ministries has agreed to clean the lot before and after their use and will provide proof of liability insurance coverage in the amount of $1,000,000, holding the City of Buffalo harmless from any accident or injury, which may result from their use of the property. I am recommending that Your Honorable Body approve the request of Arise Ministries to use 341 Fourteenth Street upon the above terms and conditions. Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning dated May 22, 2006, be received and filed; and That the Director of Real Estate be, and he hereby is authorized to grant permission to Pastor Frank Vitello of Arise Ministries, 25 Calumet Place to use City -owned vacant lot at 341 Fourteenth Street on Thursday, August 10, 2006 through Tuesday, August 15, 2006 upon the above terms and conditions. PASSED AYES - 9 NOES -0 NO. 7 IGLESIA DEDIOS - ALCANSE REQUEST TO USE CITY -OWNED LOT \ 341 FOURTEENTH, N COR. RHODE ISLAND) LOT SIZE: 128' X 116' (NIAGARA) The Office of Strategic Planning, Division of Real Estate, has received a request from Pastor Pedro Juarez of Iglesia DeDios - Alcanse, 331 Normal Avenue, Buffalo, New York 14213 to use the City -owned vacant lot at 341 Uth Street. The purpose is to a hold revival meeting open to the public beginning on Thursday, July 27 ,2006 through Saturday, July 29 , 2006. Iglesia DeDios - Alcanse has agreed to clean the lot before and after their use and will provide proof of liability insurance coverage in the amount of $1,000,000, holding the City of Buffalo harmless from any accident or injury, which may result from their use of the property. I am recommending that Your Honorable Body approve the request of Iglesia DeDios - Alcanse to use 341 Fourteenth Street upon the above terms and conditions. Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning dated May 22, 2006, be received and filed; and That the Director of Real Estate be, and he hereby is authorized to grant permission to Pastor Pedro Juarez of Iglesia DeDios - Alcanse, 331 Normal Avenue to use City -owned vacant lot at 341 Fourteenth Street on Thursday, July 27, 2006 through Saturday, July 29, 2006 upon the above terms and conditions. PASSED AYES - 9 NOES -0 NO. 8 AUDITED FINANCIALS FOR THE BUFFALO NEIGHBORHOOD REVITALIZATION CORPORATION (BNRC) Dear Mr. Davis: I am in receipt of your letter requesting the audited financial statements for the Buffalo Neighborhood Revitalization Corporation (BNRC) for the years 2003, 2004 and 2005. Unfortunately, there seems to be some confusion with our previous conversations about this matter. I have on several occasions informed you and Council Staff that the audited financial statements for BNRC for the years 2003, 2004 and 2005 are not yet completed. I have informed Mr. Belliotti of the Comptrollers Office and at last check they are waiting, as we all are, for the audits to be completed. It is now standard practice, for us to forward a copy of the completed statements, as well as the management letters as soon as they are approved by the BNRC Board of Directors. There is no spending plan for BNRC since BNRC has no revenue source, outside of the repayment of loans and sale of land. The Buffalo Urban Renewal Agency (BURA) recaptures all of the revenue proceeds to repay HUD -1 -8 and EDI funds, as required by the U.S. Department of Housing and Urban Development (HUD). Attached is a list of current BNRC Board of Directors members. We are currently reviewing a strategy for BNRC in the future and will not be filling any Board seats until the audits are completed and a future strategy is developed and approved by the Administration and BURA Board of Directors. At this point BNRC has no staff, no consultant contracts, and one lease at 34 Dorris street. No other leases for property or equipment. BNRC was a subrecipient of the Buffalo Urban Renewal Agency (BURA) therefore HUD does not monitor the organization, BURA does. Any reports of failure to follow regulatory requirements by HUD or any other funding agency was addressed by BURA and in the case of housing funding, has already been reported to Common Council, the Administration at the time of the event, and to the Control Board. This also is standard practice and will continue to ensure BURA monitors its subrecipients as required. 920 City Hall • 65 Niagara Square • Buffalo, New York 14202 -3376 • (716) 851 -5035 • FAX: (716) 854 -0172 BNRC did manage the Homeownership Zone in the past. However, this responsibility has been turned over to the BURA because of BNRC funding problems identified by new BURA management three years ago. Under separate cover you will receive the following: 1. Detailed listing of outstanding loans in the loan portfolio that will include information on the delinquent as well as discharged loans. This should include the remaining information that you requested in your letter dated June 6, 2006. You should receive this information no later than June 16, 2006. If you have any questions please feel free to call me at 851 -5035 or email me at tanamaker @city- buffalo.com Sincerely, Timothy E. Wanamaker Executive Director cc: Byron W. Brown, Mayor REFERRED TO THE COMMITTEE ON FINANCE NO. 9 PERMISSION TO ACCEPT TITLE - PORTION OF 26 FOURTH ST. SEQR NEGATIVE DECLARATION This item is a request for the City to accept title to a portion of 25 Fourth Street from the City of Buffalo Urban Renewal Agency (BURA). The property consists of approximately 5,720 sq.ft. with a small portion of the Waterfront School building encroaching on it (see attached aerial map). In the late 1960's and early 1970's, BURA acquired several parcels of land pursuant to the Waterfront Redevelopment Project NYR -35 Urban Renewal Plan for the construction of the Waterfront School at 95 Fourth Street. As part of the assemblage, BURA acquired, in May 1975, a portion of 25 Fourth Street from National Fuel Gas for the school construction. When the construction of the Waterfront School was completed, the school was transferred to the State Urban Development Corporation and in 1995, the school was transferred to the City. According to National Fuel Gas, however, the deed to a portion of 25 Fourth Street was never recorded in the Erie County Clerk's Office. National Fuel Gas recently transferred the remaining portion of 25 Fourth Street to Duke HN New York for the construction of the Health Now Building. The title discrepancy was discovered when the property was surveyed for the Health Now project This transfer will clean -up title to the property. The City is the owner of the Waterfront School at 95 Fourth Street. BURA authorized the transfer of the property to the City at their June 8, 2006 Board meeting. In accordance with State Environmental Quality Review (SEAR), the requirements of the New York State Quality Review Act (SEAR) must be satisfied. The project, as defined under SEAR, is an "Unlisted Action ". An uncoordinated review has been completed by BURA. BURA has determined that the project will not have a significant adverse effect on the environment, and an Environmental Impact Statement will not be prepared. In accordance with Section 617.12 of SEAR, BURA hereby files a copy of the Negative Declaration for this action with the Common Council. I am requesting that your Honorable Body approve the transfer of a portion of 25 Fourth Street from BURA to the City once BURA accepts title from National Fuel Gas. I am further recommending that the Corporation Counsel prepare the necessary documents for the acquisition of title and that the Mayor be authorized to execute the same. NO. 10 REFUND DEPOSIT PURCHASE OF 24 MANHATTAN (MASTEN DISTRICT) ITEM #12, C.C.P. 3/21/06 In the above referenced item Your Honorable Body authorized the sale of a City owned single family dwelling at 24 Manhattan to Mrs. Willie Louis Wright, 40 Deerfield Avenue, Buffalo, New York 14215, for the sales price of Six Thousand Dollars ($6,000). Mrs. Wright was purchasing the property to help out an unemployed family member who was going to do most of the repair work and reside at the property. However the unemployed family member has found employment outside the area and will not be able to repair the property. Due to these circumstances, Mrs. Wright has requested to rescind the sale and refund her deposit of Six Hundred Dollars ($600.) 1 am recommending that Your Honorable Body approve the rescission of the sale, transfer of the parcel back to the City, and refund the deposit of Six Hundred Dollars ($600.) to Mrs. Willie Louis Wright. Mr. Bonifacio moved: That the communication from the Department of Strategic Planning, dated June 1, 2006, be received and filed; and That the Executive Director of Strategic Planning be, and he hereby is authorized to rescind the sale of 24 Manhattan, and forfeit the deposit in the amount of six hundred dollars ($600.00) to Mrs. Willie Louis Wright and to return the property to inventory for resale. PASSED AYES - 9 NOES -0 NO. 11 RENEW LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND THE NEIGHBORHOOD FOOD PANTRY FOR USE OF A PORTION OF 70 VINCENNES (A.K.A. 62 REPUBLIC) — FILLMORE DISTRICT ITEM NO. 62, C.C.P. 6/16/01 Pursuant to Item No. 52, C.C.P. 5/15/01, Your Honorable Body authorized a five (5) year lease agreement between the City of Buffalo and the Neighborhood Food Pantry for use of a portion of 70 Vincennes (a.k.a. 62 Republic). A portion of the facility is designated for a food pantry and kids cafe, known as the Neighborhood Food Pantry within the confines of the Old 1� Ward Community Center. This lease was for the period of June 1, 2001 through May 31, 2006. The Office of Strategic Planning, Division of Real Estate, has received a request from Veronica Lopez the Director of the Neighborhood Food Pantry to renew their lease for an additional five (5) -year period to commence on June 1, 2006 and expire on May 31, 2011. All other terms and conditions of said lease agreement shall remain the same including but not limited to the following: 1. Lessee shall pay utility cost allocated by the Old 1 sc Ward Community Center based on a formula of square footage occupied to the total squarefootage of the building. Said bills shall be paid by the Food Pantry for the term of this lease or terms of any renewals thereof, to the Old 1 sc Ward Community Center. 2. The Food Pantry shall maintain the leased premises at its sole expense during the term of this lease and shall comply with all requests and instructions from the City concerning the upkeep and maintenance of the demise premises. 3. Either party may terminate the lease upon thirty (30) days written notice served personally or by certified mail. This office recommends that Your Honorable Body renew their lease agreement for an additional five (5) year period to commence on June 1, 2006 and expire May 31, 2011. 1 am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 12 RENEW LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND WAYNE D. ROBINS (BET -ALL NUMBERS AND NEWS) FOR USE OF A PORTION OF THE CORNER OF BROADWAY AND FILLMORE FILLMORE DISTRICT ITEM NO. 104, C.C.P. FEBRUARY 20, 2001 Pursuant to Item No. 104, C.C.P. 2/20/2001, Your Honorable Body authorized a five (5) year lease between the City of Buffalo and Wayne D. Robins for use of a portion of the corner of Broadway and Fillmore. This lease commenced on March 1, 2001 and expired on February 28, 2006. The Office of Strategic Planning, Division of Real Estate, has received a request from Mr. Wayne D. Robins requesting to renew his lease agreement for an additional five (5) year period. This lease shall include a rental increase of five (5) percent per annum. All other terms and conditions of the lease shall remain the same. This office recommends that Your Honorable Body renew their present lease agreement for an additional five -(5) year period commencing March 1, 2006 and expiring on February 28, 2011. 1 am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning dated May 18, 2006, be received and filed; and That the Director of Real Estate be, and he hereby is authorized to renew the lease between the City and Wayne D. Robbins, for use of a portion of the corner of Broadway and Fillmore for an additional five (5) year term commencing on March 1, 2006 and expiring February 28, 2011. All other terms and conditions of said lease agreement shall remain the same. That the Corporation Counsel be authorized to prepare the necessary lease and that the Mayor be authorized to execute the same. PASSED AYES - 9 NOES — 0 NO. 13 LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND LAMAR OUTDOOR ADVERTISING FOR USE OF VARIOUS CITY OWNED PROPERTIES DISTRICTS: ELLICOTT, FILLMORE, LOVEJOY & MASTEN ITEM NO. 49, C.C.P. 2/3/04 Pursuant to Item No. 49, C.C.P. 2/3/04, Your Honorable Body authorized a three (3) year lease between the City of Buffalo and Lamar Outdoor Advertising in reference to various city owned properties. This lease was for the period of November 1, 2002 through October 31, 2005. Lamar Outdoor Advertising was also assigned the lease agreement for the billboards located at 166 Dart Street. The City assumed this lease when we purchased 166 Dart Street (Auto Impound) in 1999. This lease was for the period of May 1, 1996 -April 30, 2006. The Office of Strategic Planning, Division of Real Estate, have negotiated a proposed lease with Lamar Outdoor Advertising that combines the two lease agreements into one agreement. We have agreed to the following terms and conditions: 1. The lease will commence retroactively on May 1, 2006 and expire on April 30, 2009. 2. A rental increase of 5% will take effect upon the expiration date of each of two existing leases. This lease shall include a forty -five (45) day written notice by either party. 3. If for any reason a billboard at any particular site or location becomes useless by reason of an obstruction caused or created by City or any third party, tenant shall have the right to remove such billboard at the site or location affected, with a pro rata adjustment and reduction of total rent due under this agreement in accordance with Schedule "A ". 5. A list of properties that are being leased is attached Schedule "A ". Lamar Outdoor Advertising is leasing space for 13 units at $997.50 ($12,967.50), 1 unit at $3,150 and 6 units at $4,911.90 ($29,471.40) for a total cost of 45,588.90. This office recommends that Your Honorable Body approve the lease agreement for a three (3) year period commencing retroactively from May 1, 2006 through April 30, 2009. 1 am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the lease agreement and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE. NO. 14 RESULTS OF NEGOTIATIONS 144 BRECKENRIDGE, 70.33' W DEWITT LOT SIZE: 27X125' ASSESSED VALUATION: $3,300. (NIAGARA DISTRICT) PRIOR COUNCIL REFERENCE: The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 144 Breckenridge Street from Ms. Jane C. Gapinski, 146 Breckenridge, Buffalo, New York 14213. Ms. Gapinski intends to use the vacant lot for additional green space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no outstanding taxes, building code violations, or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar residential vacant lots in the subject area. Sales prices range from Fifty Cents ($.50) to One Dollar and Fifty Cents ($1.50), per square foot. The results of our negotiations are that Ms. Gapinski is prepared to pay Two Thousand Five Hundred Dollars ($2,500), Seventy -Five Cents ($ .75) per square foot, for the vacant parcel. Ms. Gapinski has also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 144 Breckenridge Street to Ms. Jane Gapinski in the amount of Two Thousand Five Hundred Dollars ($2,500). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated June 6, 2006, be received and filed; and That the offer from Ms. Jane C. Gapinski, residing at 146 Breckenridge, in the sum of two thousand and five hundred dollars ($2,500.00) for the purchase of 144 Breckenridge, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES -0 NO. 15 RESULTS OF NEGOTIATIONS 186 CHICAGO, S COR. FULTON VACANT LOT: 28'X 100' ASSESSED VALUATION: $1,800. 83 FULTON, 100 - W CHICAGO VACANT LOT: 33'X 102' ASSESSED VALUATION: $1,800 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 186 Chicago and 83 Fulton from Mr. Anthony J. Prendergast, 35 McClellan Circle, Buffalo, New York 14220. Mr. Prendergast owns a one family home at 184 Chicago, which is adjacent to 186 Chicago and 83 Fulton and intends to use these vacant parcels for additional green space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar residential parcels in the subject area. Sale prices range from Forty Cents ($.40) to Eighty Cents ($ .80), per square foot. The results of our negotiations are that Mr. Prendergast has agreed and is prepared to pay Three Thousand Six Hundred Dollars ($3,600), Fifty Cents ($. 50) per square foot for the subject properties. Mr. Prendergast has also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal descriptions. I am recommending that Your Honorable Body approve the sale of 186 Chicago and 83 Fulton Street to Mr. Prendergast in the amount of Three Thousand Six Hundred Dollars ($3,600). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated June 1, 2006, be received and filed; and That the offer from Anthony J. Prendergast, residing at 35 McClellan Circle, in the sum of three thousand and six hundred dollars ($3,600.00) for the purchase of 186 Chicago and 83 Fulton, be and they hereby are accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES — BONIFACIO, FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RUSSELL, THOMPSON — 8 NOES FONTANA -1 NO. 16 RESULTS OF NEGOTIATIONS 17 COE, 154'E MAIN VACANT LOT: 27'X76' ASSESSED VALUATION: $1,200. 23 COE, 208' E MAIN VACANT LOT: 27'X79' ASSESSED VALUATION: $1,200 29 COE, 241' W ELLICOTT VACANT LOT: 27'X83' ASSESSED VALUATION: $1,200 ( ELLICOTT DISTRICT) PRIOR COUNCIL The Office of Strategic Planning, Division of Real Estate has received a request to purchase 17, 23 and 29 Coe from Belmont Shelter Corporation, Mr. Michael Riegel, Vice President of Finance & Administration, 1195 Main Street, Buffalo, New York 14209. Belmont Shelter has its business office located at 1195 Main Street, which is adjacent. They intend to use the vacant parcels for green space and or future parking. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar residential parcels in the subject area. Sale prices range from Forty -Five Cents ($.45) to Seventy -Five Cents ($ .75), per square foot. The results of our negotiations are that Belmont Shelter Corporation has agreed and is prepared to pay Three Thousand Nine Hundred Dollars ($3,900), Sixty Cents ($. 60) per square foot for the subject properties. Belmont Shelter Corporation has also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal descriptions. I am recommending that Your Honorable Body approve the sale of 17, 23 and 29 Coe Street to Belmont Shelter Corporation in the amount of Three Thousand Nine Hundred Dollars ($3,900). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 17 RESULTS OF NEGOTIATIONS 2038FILLMORE,125'SGESL LOT SIZE: 31'X 125' ASSESSED VALUATION: $3,300. (MASTEN DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 2038 Fillmore Avenue from Ms. Rosemary Cruell, 45 Wade Avenue, Buffalo, New York 14214. Ms. Cruell owns a two family dwelling at 2036 Fillmore and intends to use this vacant lot for additional green space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City by the purchaser. The Division of Real Estate has investigated the sale of similar residential vacant lots in the subject area. Sale prices range from Fifty Cents ($ .50) to One Dollar ($1.00), per square foot. The results of our negotiations are that Ms. Cruell has agreed and is prepared to pay One Thousand Nine Hundred Dollars ($1,900), Fifty Cents ($ .50) per square foot, for the subject property. Ms. Cruell has also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 2038 Fillmore to Ms. Rosemary Cruell in the amount of One Thousand Nine Hundred Dollars ($1,900). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated June 6, 2006, be received and filed; and That the offer from Ms. Rosemary Cruell, residing at 45 Wade, in the sum of one thousand nine hundred dollars ($1,900.00) for the purchase of 2083 Fillmore, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES -0 NO. 18 RESULTS OF NEGOTIATIONS 24 GARNER, 19V E DEWITT LOT SIZE: 25'X 140' ASSESSED VALUATION: $3,900. (NIAGARA DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 24 Garner Street from Ms. Lohre Ortolano, 26 Garner Street, Buffalo, New York 14213. Ms. Ortolano owns and resides at 24 Garner, which is adjacent and intends to use the vacant parcel for additional green space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City by the purchaser. The Division of Real Estate has investigated the sale of similar residential vacant lots in the subject area. Sale prices range from Seventy cents ($ .70) to One Dollar and Fifty Cents ($1.50)per square foot. The results of our negotiations are that Ms. Ortolano has agreed and is prepared to pay Three Thousand Nine Hundred dollars ($3,900), One Dollar and Sixteen Cents ($1.16) per square foot, for the subject property. Ms. Ortolano has also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 24 Garner Street to Ms. Lohre Ortolano in the amount of Three Thousand Nine Hundred dollars ($3,900). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated June 1, 2006, be received and filed; and That the offer from Ms. Lohre Ortolano, residing at 26 Garner Street, in the sum of three thousand and nine hundred dollars ($3,900.00) for the purchase of 24 Garner Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES -0 NO. 19 RESULTS OF NEGOTIATIONS 475 KOONS, 131.54 S GENESEE LOT SIZE: 30'X 101' ASSESSED VALUATION: $2,500 The Office of Strategic Planning, Division of Real Estate has received a request to purchase 475 Koons Avenue from Evangelical Lutheran Church of Resurrection, Pastor Gary C. Steeves, 3 Doat Street, Buffalo, New York 14211. The Church owns properties in the area that include 1605 Genesee, 24 Rustic Place, and 477 Koons. The Church intends to purchase the vacant lot at 475 Koons for expansion of the existing parking lot. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City by the purchaser. The Division of Real Estate has investigated the sale of similar residential vacant lots in the subject area. Sales prices range from Eight -Two Cents ($ .82) to Two Dollars ($2.00) per square foot. The results of our negotiations are that Evangelical Lutheran Church of Resurrection has agreed to a sales price of Two Thousand Five Hundred dollars ($2,500), Eighty -Two Cents ($ .82) per square foot, for the subject property. The church has also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 475 Koons Avenue to Evangelical Lutheran Church of Resurrection in the amount of Two Thousand Five Hundred dollars ($2,500). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated June 2, 2006, be received and filed; and That the offer from Pastor Gary C. Steeves, Evangelical Lutheran Church of Resurrection, 3 Doat Street, in the sum of two thousand and five hundred dollars ($2,500.00) for the purchase of 475 Koons, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES — 0 FROM THE COMPTROLLER NO. 20 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS COMMON COUNCIL - LEGISLATIVE We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that it is necessary that the sum of $19,000 be transferred and reappropriated within Common Council Legislative, as set forth below: Legislative - Personal Services 10105001-411001 Salary $19,000 To: Common Council Legislative 10102001 - 412002 Hourly Salary $4,600 1 01 02006 - 432004 Engineering & Technical $14,600 RECEIVED AND FILED NO. 21 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS MAYOR & EXECUTIVE - ASSESSMENT We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that it is necessary that the sum of $48,273 be transferred and reappropriated, as set forth below: From: 10311001 - 411001 Salary $26,000 10318001 - 411001 Salary $23 To: 10314001-411001 Salary $26 10314001 - 413001 Overtime 1 1 0647001- 41 2002 Hourly $16,480 10647001 - 413001 Overtime 6,000 RECEIVED AND FILED NO. 22 INTERFUND CASH LOAN Certain Federal and State aided programs require a cash advance until the program is operating and reimbursement is received. I have reviewed the program listed below and determined the cash needs to be warranted. I have approved an interfund cash loan to be made in the maximum amount of $500,000 as needed subject to your approval. Loan is payable at date of reimbursement. FROM: 1000 - General Fund TO: 3159 - Capital Projects Fund - Martin Luther King Park Improvements GRANT TITLE: City of Buffalo - Construction /Reconstruction of Lighting & Pathway in MLK Park #MA2256.30A GRANT AGENCY: New York State Department of Transportation GRANT AMOUNT: $500,000 LOAN AMOUNT: $500,000 Estimated Date of Repayment: June 30, 2007 Mr. Bonifacio moved: That the above communication from the Comptroller dated May 25, 2006, be received and filed; and That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $500,000 for Construction /Reconstruction of Lighting & Pathway in Martin Luther King Park #MA2256.30A. The loan will be payable at date of reimbursement. PASSED AYES -9 NOES -0 NO. 23 TRANSFER OF INTEREST- AMH BUSINESS IMPROVEMENT DISTRICT ASSOCIATION ITEM #49, C.0 -P. 5/3G/06 In order to transfer the balance of interest revenue at 6/30/05, in the amount of $31,926.86, the Administration needs to adopt an amended 2006/2007 budget that includes the prior interest revenue as a resource. It should be noted that our contract with the Association has expired. We recommend that the contract be updated to include language that permits use of the interest revenue when formally included as a revenue source in the annual adopted budget. The budget should detail the revenues, specifically from collections of special assessment fees and prior year interest revenue, as well as expenditures. Every year the Administration should adopt a budget that includes the interest and penalty balance from the prior fiscal year -end. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 24 B. RUSSELL -REQ. TRANSFER OF INTEREST- BAILEY AMHERST BUS. IMPR. DIST. ASSN. AGREEMENT WITH COB ITEM #49, C.C.P. MAY 30, 2006 The Common Council has referred the above item to the Department of Assessment and Taxation for response. The Department of Assessment and Taxation's function with respect to the Bailey Amherst Business Improvement District is to issue a bill for the Bailey Amherst Special Assessment Charge pursuant to the Agreement between the City of Buffalo and the Bailey Amherst Business Improvement District. All monies collected by the City under the said Agreement for parcels located within the District are disbursed by the Comptroller's Office and the Department of Assessment and Taxation has no involvement in disbursing said funds. That being said, the Department of Assessment and Taxation has no objection to the disbursement of interest collected on late payments to the District and believes they are entitled to the interest provided the proper procedures are followed. REFERRED TO THE COMMITTEE ON FINANCE. NO. 25 NOTIFICATION OF CITY ORDINANCES FOR HOME OWNERS & RESIDENTS RES #116, C.C.P. MAY 30, 2006 This is in response to the Resolution sponsored by University District Councilmember, Bonnie E. Russell, adopted May 30, 2006, requesting information from each City Department as to the manner in which it notifies City home owners and residents of new Ordinances approved by the City. When the City of Buffalo adopts a Local Law pertaining to real property taxes, assessment or exemption matters, the Department of Assessment and Taxation incorporates the Local Law into the City Tax and Sewer Rent Bill. Other methods of notification utilized by the Department of Assessment and Taxation include press releases in newspapers, announcements placed on the government access television channel, announcements and updated relevant forms placed on the City's website, as well as mailings to taxpayers. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 26 REQUEST APPROVAL OF CERTIFICATE OF ADJUSTED BASE PROPORTIONS 2006 ROIL Attached find Certificate of Adjusted Base Proportions. I am respectfully requesting that Your Honorable Body approve the aforementioned Certificate pursuant to Article 19 of the Real Property Tax Law. Article 19 was added to the Real Property Tax Law in 1981 for the purpose of mitigating the shift of taxes to residential property as a result of reassessment in municipalities with a homestead and a non - homestead taxing system. A proportional ratio is established between the two classes in the base year, the roll used for certification as an approved assessing unit. For the City of Buffalo our base year is 1991. Thereafter each successive roll is adjusted for changes in the number and values of parcels in the two classes and the ratio is applied to determine the amount of the levy to be collected from each class of properties. This Certificate was prepared by this department with the assistance of the New York State Office of Real Property Service, pursuant to the Real Property Tax Law and the Rules and Regulations of the Office of Real Property Service. Upon approval of this Certificate, kindly direct the City Clerk to sign, date and forward said Certificate to the New York State Office of Real Property Service, Equalization Rate Bureau, 16 Sheridan Avenue, Albany, New York 12210 -2714. Also, kindly direct the City Clerk to furnish this department with a copy of the approved Certificate. Mr. Bonifacio moved: That the communication from the Commissioner of Assessment and Taxation, dated June 6, 2006, be received and filed; and That the Common Council approves the Certificate of Adjusted Base Proportions 2006 Roll as attached to the above communication, pursuant to Article 19 of the Real Property Tax Law. That the City Clerk be, and he hereby is authorized to sign, date and forward said Certificate to the New York State Office of Real Property Service, Equalization Rate Bureau, 16 Sheridan Avenue, Albany, New York 12210 -2714 and that the City Clerk provide the Department of Assessment and Taxation with a copy of the approved Certificate. PASSED AYES -9 NOES -0 NO. 27 REQUEST APPROVAL OF CERTIFICATE OF CURRENT BASE PROPORTIONS 2006 ROLL Attached find Certificate of Base Percentages, Current Percentages and Current Base Proportions. I am respectfully requesting that Your Honorable Body approve the aforementioned Certificate pursuant to Article 19 of the Real Property Tax Law. Article 19 was added to the Real Property Tax Law in 1981 for the purpose of mitigating the shift of taxes to residential property as a result of reassessment in municipalities with a homestead and a non - homestead taxing system. A proportional ratio is established between the two classes in the base year, the roll used for certification as an approved assessing unit. For the City of Buffalo our base year is 1991. Thereafter each successive roll is adjusted for changes in the number and values of parcels in the two classes and the ratio is applied to determine the amount of the levy to be collected from each class of properties. This Certificate was prepared by this department with the assistance of the New York State Office of Real Property Service, pursuant to the Real Property Tax Law and the Rules and Regulations of the Office of Real Property Service. Upon approval of this Certificate, kindly direct the City Clerk to sign, date and forward said Certificate to the New York State Office of Real Property Service, Equalization Rate Bureau, 16 Sheridan Avenue, Albany, New York 12210 -2714. Also, kindly direct the City Clerk to furnish this department with a copy of the approved Certificate. Mr. Bonifacio moved: That the communication from the Commissioner of Assessment and Taxation, dated June 6, 2006, be received and filed; and That the Common Council approves the Certificate of Current Base Proportions 2006 Roll as attached to the above communication, pursuant to Article 19 of the Real Property Tax Law. That the City Clerk be, and he hereby is authorized to sign, date and forward said Certificate to the New York State Office of Real Property Service, Equalization Rate Bureau, 16 Sheridan Avenue, Albany, New York 12210 -2714 and that the City Clerk provide the Department of Assessment and Taxation with a copy of the approved Certificate. PASSED AYES -9 NOES -0 NO. 28 USER FEES ARREARS - 278 BRINKMAN ITEM #25, C.C.P. MAY 30, 2006 The Common Council has referred the above item to the Department of Assessment and Taxation for response. We have reviewed our tax records for 278 Brinkman and we do show an unpaid 2005 -2006 City Tax and Sewer Rent in the amount of $557.15 with interest computed to June 30, 2006. This property is not on the City of Buffalo In Rem 40 Foreclosure Sale scheduled for October 2006. The issue of forgiveness of User Fees is between the Department of Public Works, Parks & Streets and the Common Council. However, real property taxes are governed by the Real Property Tax Law and, if the Common Council chooses to forgive the User Fee arrears for 278 Brinkman it cannot include forgiveness of the City Tax and Sewer Rent arrears since there is no provision in the Real Property Tax Law permitting waiver of real property taxes. Therefore, if transfer of title to the property occurs, the 2005 -2006 unpaid City Tax and Sewer Rent arrears will transfer with the property and become the responsibility of the new owner. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 29 APOLLO MEDIA CENTER J APOLLO MEDIA EMPLOYEES- AGREEMENT WRCH WELLNESS INSTITUTE (COM 1 MAY 30) Attached is the revised agreement for the operation of the Apollo Media Center. Approval of this agreement is requested of this Honorable Body. The goal of this affiliation agreement is to assist the Apollo Media Center in achieving its mission with the support of the non - profit 501(c)3 Wellness Institute of Greater Buffalo & Western New York, Inc. This affiliation agreement between the Wellness Institute of Greater Buffalo & WNY, Inc. and the Department of Public Works Parks and Streets, Division of Telecommunications, Utilities and Franchises, clarifies the fiscal agreement for a period starting June 19, 2006 and ending September 30, 2006. This agreement can be extended by mutual consent for a period of up to one year. It is the City's intention to issue a Request For Proposals for these services during that time. This Agreement dated is made by and between the Wellness Institute of Greater Buffalo & WNY, Inc ( "WI ") and the City of Buffalo Department of Public Works Parks and Streets, Division of Telecommunications, Utilities and Franchises ( "City ") pertaining to the Apollo Media Center WHEREAS: The City operates the Apollo Media Center for Public, Educational and Government Access Television facility; and WHEREAS: The City is in the process of preparing an RFP in order to solicit entities to help the City run the Apollo Media Center; and WHERAS: It is anticipated that is will take until September 2006 to prepare and issue this RFP and the City has an immediate need to designate an entity to help run the Apollo; and WHEREAS: WI has stepped forward and offered its assistance and is willing to designate certain WI employees to work at the Apollo; and WHEREAS: The City desires to accept this offer by WI to fill this interim period until the RFP process can take place and believes that this arrangement will enhance efficiencies at the Apollo and expand eligibility for outside funding; and WHEREAS: WI is a non - profit 501(c)3 organization and has as its mission creating an integrated combination of initiatives to positively impact the region's social, environmental, economic, and human capital; and WHEREAS: WI has become active in such initiatives as the Buffalo Niagara All- America City Committee, the Civic Empowerment Awards Program, and the National Civic League and has employees that it can and will designate to work at the Apollo; and WHEREAS: WI is a respected and well -run organization that has had various affiliate agreements, such as the one with the Massachusetts Avenue Project, and has earned a reputation for innovation, effectiveness, and inclusiveness; and WHEREAS: An Agreement between the City and WI will help enhance the overall operation of the Apollo, while not significantly impacting the day -to -day operations of the facility; and WHEREAS: The City and WI wish to set forth their mutual understandings with respect to this Agreement; Both the City and WI have read and agree to the following terms: 1. The WI employees that work at the Apollo under this Agreement will be considered employees of WI and shall not be considered employees of the City. 2. This Agreement shall be for a period commencing on June 19, 2006 and expiring on September 30, 2006. This Agreement may be extended for an additional three (3) month period upon the mutual consent of both WI and the City. In the event that WI desires an extension, they shall submit a written request to the Common Council on or before September 20, 2006 for the City's unilateral consideration. In no event shall this Agreement be extended beyond December 31, 2006. 3. The cost of this Agreement shall not exceed $40,000.00. WI shall comply fully with the City's Living Wage Ordinance. 4. WI employees' duties at the Apollo are expected to include video production services including taping and editing and providing studio production training. 5. WI also agrees to assist in promoting the Apollo through a website listing on the WI website; providing the City assistance with grant applications as may be requested, and proving program evaluations. 6. The City, through the Apollo Media Center, will track the attendance and hours worked of the WI employees working at the Apollo and provide WI Institute a monthly record of documented work hours to ensure that WI employees are paid for time worked. 7. The WI will assume no fiscal liability for money beyond what the City provides to WI for payment of the WI employees operating under this Agreement. 8. An administrative charge of 6% will be charged by the WI to the amount of money that the City provides to WI for payment of the WI employees operating under this Agreement. The City will provide this funding from an already established Public, Education and Government ( "PEG ") Trust and Agency Account. 9. Both parties agree that all federal, state & local regulations regarding management of staff payroll, civil rights and non - profit guidelines shall be met. 10. Both parties agree that all federal, state and local regulations regarding the provision of PEG Access TV shall be met. 11. WI will provide basic business insurance coverage. The City of Buffalo will be named as an additional insured on this coverage. Any special events or additional insurance requirements cost will be the responsibility of the City but the City is not required to purchase any insurance in view of their self- insured status. 12. By mutual agreement. WI may provide additional services to the City at cost but the City must agree to the provision of these services in writing and in no event shall the cost of these additional services plus the cost of the services under the Agreement exceed the $40,000.00 cap referenced in paragraph 3 above. 13. The City, through the Apollo, agrees to provide one overview of its activities, maintain an inventory list of equipment purchased for insurance purposes, and provide any outcomes/ existing documents detailing the City's mission and membership/ leadership/ operating guidelines at the Apollo to WI. The City, through the Apollo, agrees to follow the policies and procedures for access operations adopted by the Community Access Advisory Board. 14. The laws of the State of New York shall control any disputes regarding this Agreement. 15. Either party may terminate the Agreement for any reason whatsoever by at least 30 days written notice to the other party. Phil Haberstro, Executive Director, Wellness Institute of Greater Buffalo and WNY, Inc. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 6, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets, Division of Telecommunications, Utilities and Franchises be, and they hereby are authorized to enter into a revised agreement with the Wellness Institute of Greater Buffalo & WNY, Inc. to assist the City in running the Apollo Media Center. PASSED AYES - 9 NOES -0 NO. 30 APPRENTICESHIP PROGRAM This office has been asked to provide data regarding the number of contracts issued at various levels. Please be advised that in the last 12 months the Department of Public Works has issued the following contracts: Number of ContractsAmount 22 over $250,000 16 $100,000 to $250,000 23 $25,000 to $100,000 The biggest concern for this department involves the administration of any ordinance that requires an approved apprenticeship program. No one currently employed by this department holds a Civil Service Title whose duties include monitoring such compliance. In order to insure compliance with the apprenticeship program, the Minority and Women Business Enterprise requirements, and the workforce requirements we suggest that at least two Contract Compliance Monitors be assigned to the Human Services Department. RECEIVED AND FILED. NO. 31 REPORT OF BIDS COURTIMPROVEMENTS M.L. KING /GLENNY /KINGSLEY (MASTEN/ELLICOTT) I advertised on May 18, 2006 and have received the following bids for the construction of MLK/ Glenny / Kingsley Park Court Improvements, which were publicly opened & read on June 1, 2006. General Contractor Base Bid Titan Development 8534 Seaman Rd Gasport, NY 14067 $39,735.00 Del Prince and Sons 580 Cayuga Rd. Cheektowaga, NY 14225 $40,750.00 Gleason's Nursery 4780 Sheridan Dr Williamsville, NY 14221 $41,124.00 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 $39,735.00 1 request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. Funds for this work will be available in Bond Fund number 39400106. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 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 Court Improvements at Martin Luther King, Glenny and Kingsley Park, to Titan Development, the lowest responsible bidder, in the amount of $39,735. Funds for the project are available in Bond Fund 39400106. Passed. AYES - Q ninFC -n NO. 32 REPORT OF BIDS FOURTIMPROVEMENTS PHOSHONE /GAY /JH WILLIAMS (NORTH /UNIVERSITY) Iadvertised on May 15, 2006 and have received the following bids for the construction of Shosone/Gay/J H Williams Park Court Improvements, which were publicly opened & read on May 30, 2006. General Contractor Base Bid Titan Development 8534 Seaman Rd Gasport, NY 14067 $53,500.00 Gleason's Nursery 4780 Sheridan Dr Williamsville, NY 14221 $64,671.00 Thomann Asphalt 58 Gunnville Rd Lancaster, NY 14086 $66,325.00 Del Prince and Sons 580 Cayuga Rd. Cheektowaga, NY 14225 $66,210.00 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 $53,500.00 1 request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. Funds for this work will be available in Bond Fund number 39400106. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 30, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Court Improvements at Shoshone, Gay, JH Williams Parks to Titan Development, the lowest responsible bidder, in the amount of $53,500. Funds for the project are available in Bond Fund 39400106. Passed. AYES -9. NOES -0 NO. 33 REPORT OF BIDS EMERGENCY PAVEMENT REPAIRS, GR. #657 #1 - SOUTH OGDEN TRANSFER STATION #2 - BROADWAY BARNS PARKING LOT THOMANN ASPHALT PAVING CORP. ITEM #126, C.C.P. 3/3/98 This is to advise your Honorable Body that I have advertised and received bids In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Unit Price Increase Thomann Asphalt Paving Corp. $162,812.50 $179,093.75 56 Gunville Road, Lancaster, NY 14086 Destro & Brothers Concrete Co., Inc. $192,200.00 $208,481.25 411 Ludington, Buffalo, NY 14206 Amherst Paving, Inc. $220,630.00 $236,911.25 330 Meyer Road, Amherst, NY 14226 1 hereby certify that the lowest responsible bidder for the above project is Thomann Asphalt Paving Corp. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $179,093.75 ($162,812.50 Base Bid + 10% unit price increase $16,281.25= Total Award $179,093.75). Funds for this work will be established in Capital Project Account's #39311106 & 30032106. The engineer's estimate for this work is $200,000.00. 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 22 "d , 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 June 7, 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 Emergency Pavement Repairs, Group #657, to Thomann Asphalt Paving Corp., the lowest responsible bidder, in the amount of $179,093.75 ($162,812.50 Base Bid + 10% unit price increase $16,281.25 = Total Award ($179,093.75). Funds for the project are available in Capital Project Account's #39311106 & 30032106. Passed. AYES -9. NOES-0 NO. 34 REPORT OF BIDS NICHOLS COURT IMPROVEMENTS [: DELAWARE PARK (DELAWARE) I advertised on May 22, 2006 and have received the following bids for the construction of Delaware Park Nichols Court Improvements, which were publicly opened & read on June 6, 2006. General Contractor Base Bid American Paving $41,540.00 5880 Thompson Rd Clarence Center, NY 14032 Armor Fence $45,995.00 PO Box 745 Orchard Park, NY Nagle Seal Coating $49,995.00 7709 Maltlage Dr. Liverpool, NY 13090 Del Prince and Sons $53,310.00 580 Cayuga Rd. Cheektowaga, NY 14225 Titan Development $56,500.00 8534 Seaman Rd Gasport,NY 14067 Gleason's Nursery $62,687.00 4780 Sheridan Dr Williamsville, NY 14221 1 hereby certify the foregoing is a true and correct statement of the bids received and that American Paving is the lowest responsible bidder in accordance with the plans and specifications; and that the contract amount is $41,540.00 1 request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. Funds for this work will be available in Bond Fund number 39400106. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 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 Nichols Court Improvements at Delaware Park to American Paving, the lowest responsible bidder, in the amount of $41,540. Funds for the project are available in Bond Fund 39400106. Passed AYES -9. NOES -0. NO. 35 REPORT OF BIDS RICHMOND /FERRY CIRCLE & GATES CIRCLE GROUPE #656 C. DESTRO DEVELOPMENT CO., INC ITEM #126, C.C.P. 3/3/98 This is to advise your Honorable Body that I have advertised and received bids In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Unit Price Increase C Destro Development Co., Inc. $248,175.00 $272,992.50 2255 Bailey Avenue, Buffalo, NY 14211 Thomann Asphalt Paving Corp. $313,200.00 $338,017.50 56 Gunville Road, Lancaster, NY 14086 Amherst Paving, Inc. $393,172.50 $417,990.00 330 Meyer Road, Amherst, NY 14226 1 respectfully recommend that your Honorable Body authorize a contract award in the amount of $ 272,992.50 ($248,175.00 Base Bid + 10% unit price increase $24,817.50 = Total Award $272,992.50). Funds for this work will be established in Capital Project Account's #39311106 & 30032106. The engineer's estimate for this work is $250,000.00. 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 8 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 June 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 Richmond /Ferry and Gates Circles to C. Destro Development Co., Inc., the lowest responsible bidder, in an amount of $272,992.50 ($248,175.00 Base Bid + 10% unit price increase $24,817.50 = Total Award $272,992.50). Funds for this project are available in Capital Project Account's #39311106 & 30032106. Passed. AYES -9. NOES -0. NO. 36 REPORT OF BIDS STREET CUT REPAIRS - 2006, GROUP #652 THOMANN ASPHALT PAVING CORP. ITEM #126, C.C.P. 3/3/98 This is to advise your Honorable Body that I have advertised and received bids In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Unit Price Increase Thomann Asphalt Paving Corp. $349,997.50' $384,997.25 56 Gunville Road, Lancaster, NY 14086 Amherst Paving, Inc. $649,775.00 $684,774.75 330 Meyer Road, Amherst, NY 14226 Base Bid $ 349,997.50' $ 649,775.00 Unit Price Increase $ 384,997.25 $ 684,774.75 'Adjusted Amount I hereby certify that the lowest responsible bidder for the above project is Thomann Asphalt Paving Corp. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $ 384,997.25 ($349,997.50 Base Bid + 10% unit price increase $34,999.75 Total Award $384,997.25). Funds for this work will be established in Capital Project Account's #39311106 & 30032106. The engineer's estimate for this work is $350,000.00. 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 22 "d , 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 June 7, 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 Street Cut Repairs - 2006, Group #652, to Thomann Asphalt Paving Corp., the lowest responsible bidder, in an amount of $384,997.25 ($349,997.50 Base Bid + 10% unit price increase $34,999.75 = Total Award $384,997.25). Funds for this project are available in Capital Project Account's #39311106 & 30032106. Passed. AYES -9. NOES -0. NO. 37 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. National Fuel Gas charges for service up to 01 /10 /06.Add $ 4,648.05 The foregoing change results in a net increase in the contract of Four Thousand Six Hundred Forty Eight and 05/100 Dollars ($4,648.05). Summary: Current Contract Amount $231,014.25 Amount of This Change Order ( #5) Add $ 4,648.05 Revised Contract Amount $235,662.30 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 June 7, 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. 5, to L & D Johnson Plumbing & Heating, an increase in the amount of $4,648.05, as more fully described in the above communication, for work relating to Job No. 0433, Delavan Fillmore Fire Station Construction, Plumbing Work, C #92010962. Funds for this project are available in 30062206 445100 - Division of Buildings. PASSED. AYES -9. NOES -0. NO. 38 CHANGE IN CONTRACT SENECA STREET GARAGE SAFETY MONITORING EQUIPMENT JOB #0516 LOVEJOY DISTRICT I hereby submit to Your Honorable Body the following changes for the Seneca Street Garage, Safety Monitoring Equipment, Weydman Electric, C #92011071. 1. Supply and install additional green strobe light at vicinity of Boiler Room, Rear Garage. Program into system as required. Add $ 1,300.00 2. Replace exhaust fan starter. Add $ 600.00 The foregoing change results in a net increase in the contract of One Thousand Nine Hundred and 00/100 Dollars ($1,900.00). Summary: Current Contract Amount $ 77,747.00 Amount of This Change Order ( #1) Add $ 1,900.00 Revised Contract Amount $ 79,647.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 38321106 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 June 7, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to Weydman Electric, an increase in the amount of $1,900.00, as more fully described in the above communication, for work relating to Job No. 0516, Seneca Street Garage, Safety Monitoring Equipment, C #92011071. Funds for this project are available in 38321106 445100 - Division of Buildings. Passed AYES -9. NOES -0. NO. 39 K. GIOULEKAS -WATER SERVICE -246 GENESEE ST. ITEM NO. 43, C.C.P. 06/30/06 The referenced item was sent to this office for comment. Mr. Gioulekas has previously presented his arguments to the Buffalo Water Board, and the Board has determined that all billings for water service at 246 Genesee St. were proper and in accordance with the rules and regulations of the Board. The Board refused to waive any portion of the charges for this account. Mr. Gioulekas also challenged the billings in Small Claims Court. That challenge was dismissed by the Court. At the present time $4,037.70 is currently owed on this account. No reductions will be considered, and interest charges and other authorized penalties will continue to be applied. REFERRED TO THE COMMITTEE ON FINANCE. NO. 40 P. MILLIGAN - PROMOTION OF RECYCLING PROGRAM ITEM NO. 46, C.C.P. 06/30/06 This item was referred to this department for comment. We currently have a cooperative effort with the County of Erie Department of Environment and Planning for recycling education. I suggest that Ms. Milligan be asked to contact Mr. Andrew Goldstein, the Assistant Recycling Coordinator with the County, to coordinate efforts. Mr. Goldstein can be reached at 858 -4988. RECEIVED AND FILED NO. 41 NOTIFICATION OF CITY ORDINANCES ITEM NO. 116, C.C.P. 06/30/06 The referenced item was sent to this department for comment. It is the understanding, of this department, that Sections 3 -14 and 3 -25 of the City Charter requires the City Clerk to notify all appropriate persons of actions approved by the Common Council. We will, however, defer to a contrary opinion from the Corporation Counsel. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 42 PERMISSION TO ENTER INTO AGREEMENTS W /NYSDOT PROVIDE MATCHING FUNDS [: CN RAILROAD BRIDGE OVER RT 1 -190 THRUWAY REHABILITATION OF ROADWAY PORTION [: PIN #6767.20 Permission is requested from Your Honorable Body to authorize the Mayor of the City of Buffalo to enter into all necessary agreements with the New York State Department of Transportation (NYSDOT) to administer, design, bid and inspect the structural rehabilitation of the vehicular traffic lane of the CN Railroad Bridge. This bridge is the only access to Squaw Island Park and heavy commercial truck access to the Buffalo Sewer Authority Treatment Plant. In addition, permission is requested for our department to hire an engineering consultant utilizing an FHWA / NYSDOT approved selection process and also to commit funding necessary for first instance costs and all related Federal and Non - Federal shares of project costs. Costs estimates for the work, including engineering are $2.25 million dollars and the City's share of costs will be 5% or approximately $112,500.00 and will be available in our Capital Account for Local Match Reserve. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 2, 2006, be received and filed; and That the Mayor be, and he hereby is authorized to enter into all necessary agreements with the New York State Department of Transportation to administer, design, bid and inspect the structural rehabilitation of the vehicular traffic lane of the CN Railroad Bridge. The City's share of costs will be 5% approximately $112,500.00 and will be available in Public Works' Capital Account for Local Match Reserve. Passed AYES -9. NOES -0. NO. 43 PETITION FOR LASALLE (CENTENNIAL) POOL ITEM NO. 62, C.C.P. 06/30/06 The referenced item was sent to his department for comment. The 2006 Capital Budget authorized $650,000 for the reconstruction of Centennial Pool in LaSalle Park. The Comptroller recently sold the bonds for this project, and funds are now available for the improvements. This department has sent out Requests for Proposals to qualified architectural firms to begin the design. We expect to have all work associated with the project completed and the pool reopened by July 1, 2007. REFERRED TO THE COMMITTEE ON FINANCE. NO. 44 210 ELLICOTT STREET REQUESTS PERMISSION TO ENCROACH DARROW ALLEY RIGHT OF WAY ( ELLICOTT DISTRICT) Mr. C. Jacob Schneider of 210 Ellicott Holdings LLC, owners of the property located at 210 Ellicott Street, has requested permission to encroach City right of way with a concrete landing and steps. The seven story building at that location is being converted from a warehouse to office space and luxury lofts. The concrete landing and steps would provide a needed extra exit from the building. The concrete landing would measure approximately 20' in length, project approximately 5' from the building face and have 3 concrete steps. The building and steps would be located on the west side of the property and encroach the Darrow Alley right of way. The Department of Public Works, Parks and Streets has reviewed this application pursuant to Chapter 413, Section 67 (Encroachment Regulations) of the City Charter and recommends that Your Honorable Body refer this item to the Planning Board for the necessary site plan review and approval. If approved by the Planning Board and Your Honorable Body the Commissioner will issue a "Mere License" for said encroachment provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary. 2. That the encroachment be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3. That the applicant be responsible for maintenance of said encroachment as long as it remains within City right of way. 4. That, in the event that the Commissioner of Public Works, Parks and Streets determines the encroachment must cease as a result of factors effecting the health, safety and welfare of the public, or the needs of the City, said commissioner may order the immediate removal of the encroachment as described in Chapter 413 -67(F) of the City Charter. 5. That the applicant supply the department of Public Works, Parks and Streets with a certificate of insurance, in an amount deemed sufficient by the Corporation Council, which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use or removal of said encroachment. Mr. Bonifacio moved: That the above communication from the Department of Public Works, Parks and Streets dated June 9, 2006 be received and filed; and That the Commissioner of Public Works, Parks and Street be, and he hereby is authorized to issue a "mere license" to Mr. C. Jacob Schneider of 210 Ellicott Holdings LLC, owners of 210 Ellicott Street, applicants, located at 210 Ellicott Street, to install a concrete landing would measure approximately 20' in length, project approximately 5' from the building face and have 3 concrete steps which would encroach the Darrow Alley right of way, subject to the conditions as listed above. Passed. AYES -9. NOES -0. NO. 46 SIDE STREET SPEED LIMIT ITEM NO. 110, C.C.P. 06/30/06 The referenced item was sent to this department for comment. Article 39, Section 1643 of the New York State Vehicle and Traffic Law gives the City the power to set a speed limit at not less than twenty -five (25) miles per hour (except for school zones) on designated streets within the City. According to City ordinances, such a change would need to be proposed by the City Engineer, and the new speed limit, on the designated streets, would need to be ordinance by the Common Council. The New York State Manual of Traffic Control Devices requires that proper signs would need to be posted at the entrance to each block with the lower speed limit. The estimated cost of the installation of such signage would be $500 per block. It is the opinion of this department that without strict enforcement, the establishment of a twenty -five mile per hour speed limit would not obtain the desired effect. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 46 CERTIFICATE OF APPOINTMENT Appointment Effective May 26, 2006 in the Department of Public Works, Parks & Streets, Division of Streets, to the position of Assistant Engineer, Permanent, Competitive, at the intermediate starting salary of $42,830. Michael G. Murphy 93 Parkside Court Buffalo, NY 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. NO. 47 COMPUTER DONATION The Buffalo Police Department is in possession of out dated computers, monitors, keypads, mice and assorted cable wires that no longer meet our needs. Because these items are considered "hazardous waste ", they cannot be disposed of in a routine manner. American Document and Destruction, contracted by City of Buffalo, charges $15.00 per monitor. Remaining items would be charged standard tote disposal, if hard drives are removed from the computers. As an alternative to costly destruction, I respectfully request this equipment be donated to COMPUTERS FOR CHILDREN. CFC is dedicated to enhancing the learning opportunities for schoolchildren by increasing their access to information technology. CFC helps train high school students and college interns to refurbish and rebuild computers that are then donated to needy schools. The lack of computer availability in schools has caused many children to grow up without exposure to current technology. Therefore, they are greatly disadvantaged when entering higher education or employment. Computers For Children aims to eliminate this career obstacle and potential limitation that children face. The current national goal for schools' computer -to- school ratio is 1:4. Unfortunately, schools in Western New York fall far below this standard. In fact, the average school in the Buffalo area is approximately five times behind the national target. Computers For Children of AMERICA (CFCA) is bringing together many of the grass root, community based, computer and technology refurbishing organizations that are scattered across the country into one national association, headquartered out of Buffalo. Currently, CFCA has established groundwork with over 25 affiliates across the country. Any K -12 school in Western New York is eligible to apply for free computer equipment. The computer hard drives will be erased and no information specific to the City of Buffalo or the Buffalo Police Department will be recoverable. A list of computers and monitors is attached. Any consideration given to this request is greatly appreciated. Mr. Bonifacio moved: That the above communication from the Commissioner of Police dated May 29, 2006, be received and filed; and That the Commissioner of Police and the Director of Purchase be and they hereby are authorized to dispose of various computer equipment to American Document and Destruction at $ 15.00 per monitor and the remaining items would be charged standard tote disposal. Passed AYES -9. NOES -0. TOTAL $ 8,060.33 The Drug Enforcement Administration (DEA) has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000- 389001. These funds will be placed into one or more of the following accounts as deemed by the Commissioner of Police: Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624. Mr. Bonifacio moved: That the communication from the Commissioner of Police dated May 24, 2006, be received and filed; and That the Commissioner of Police be, and he hereby is authorized to accept the Drug Enforcement Administration forfeited above - referenced property. The funds were received by the Police Department in the amount of $8,060.33 through wire transfers and duly deposited in the Trust & Agency Account, #20010000 - 389001. PASSED AYES -9 NOES -0 NO. 49 DRUG ASSET FORFEITURE WIRE TRANSFERS ITEM NO. 104, C.C.P. 2/2/88 01 -DEA- 388194 C2 -01 -0009 NO. 48 06 -DEA- 459894 DRUG ASSET FORFEITURE WIRE TRANSFERS 05 -DEA- 452776 C2 -05 -0104 $ 6,168.68 06 -DEA- 461148 C2 -06 -0018 195.08 06 -DEA- 459892 C2 -06 -0027 1,405.09 06 -DEA- 462254 C2 -05 -0012 291.48 TOTAL $ 8,060.33 The Drug Enforcement Administration (DEA) has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000- 389001. These funds will be placed into one or more of the following accounts as deemed by the Commissioner of Police: Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624. Mr. Bonifacio moved: That the communication from the Commissioner of Police dated May 24, 2006, be received and filed; and That the Commissioner of Police be, and he hereby is authorized to accept the Drug Enforcement Administration forfeited above - referenced property. The funds were received by the Police Department in the amount of $8,060.33 through wire transfers and duly deposited in the Trust & Agency Account, #20010000 - 389001. PASSED AYES -9 NOES -0 NO. 49 DRUG ASSET FORFEITURE WIRE TRANSFERS ITEM NO. 104, C.C.P. 2/2/88 01 -DEA- 388194 C2 -01 -0009 $ 9,621.78 06 -DEA- 459894 C2 -06 -0026 3,902.89 06 -DEA- 459812 C2 -05 -0079 3,640.77 06- DEA - 460845 C2 -06 -0029 1,473.55 06 -DEA- 462722 C2 -06 -0046 1,541.39 TOTAL $20,180.38 The Drug Enforcement Administration (DEA) has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000- 389001. These funds will be placed into one or more of the following accounts as deemed by the Commissioner of Police: Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624. Mr. Bonifacio moved: That the communication from the Commissioner of Police dated May 31, 2006, be received and filed; and That the Commissioner of Police be, and he hereby is authorized to accept the Drug Enforcement Administration forfeited above - referenced property. The funds were received by the Police Department in the amount of $20,180.38 through wire transfers and duly deposited in the Trust & Agency Account, #20010000 - 389001. PASSED AYES -9 NOES -0 NO. 50. CERTIFICATE OF APPOINTMENT Appointment Effective: May 16, 2006 in the Department of: Police Division of: Detective Bureau to the Position of: Detective Sergeant, Contingent Permanent at the flat starting salary of $62,423.00 Jonathan D. Walton, 341 Kavmar Drive, Amherst. NY 14228 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 51 CERTIFICATE OF APPOINTMENT Appointment Effective: May 16,2006 in the Department of: Police, Division of Detective Bureau, to the Position of: Detective Sergeant, Permanent at the flat Starting Salary of: $ 62,423 Sallie A. Biersch, 3685 Marlowe Avenue, Buffalo, NY 14219 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE DEPARTMENT OF FIRE NO. 52 BFD RESCUE SERVICE FEE INCREASE The Buffalo Fire Department is requesting Council approval to increase our current Fire Rescue Service rates (charges to private insurance companies for motor vehicle accident response) as follows: Current Fire Department Rates: Light Duty Vehicle Accident $350.00 Heavy Duty Vehicle Accident $600.00 Industrial Response $700.00 The above rates were set in 2001 and have not been raised since. However, cost to the Department (manpower, fuel, etc) for response to these incidents, as well as associated medical costs (EMS supplies, etc) have increased over the past 5 years. With this in mind, I am proposing the below new rate structure to help offset costs to the city and the Buffalo Fire Department: Proposed New Rates: Light Duty Vehicle Accident $450.00 Heavy Duty Vehicle Accident $700.00 Industrial Response $800.00 Mr. Bonifacio moved: That the communication from the Commissioner of Fire, dated June 5, 2006, be received and filed; and That the Corporation Counsel be, and he hereby is authorized to prepare an Ordinance Amendment to increase the current Fire Rescue Service rates (charges to private insurance companies for motor vehicle accident response). PASSED AYES -9 NOES -0 NO. 53 COLLISION REPAIR ENGINE 23 On March 2, 2006, Engine 23 was involved in an auto accident. The driver of the auto was insured through Allstate with a limit of $10,000.00. The paperwork has been sent to the Law Department. We are requesting Council approval for American LaFrance to repair Engine 23 at a cost of $23,352.00. This vehicle needed to be repaired on an emergency basis in order to return to service as soon as possible. We are requesting the Division of Budget transfer funds to our Collision Repair Account to cover the invoice. Mr. Bonifacio moved: That the communication from the Commissioner of Fire, dated June 5,2006, be received and filed; and That the Commissioner of Fire be, and he hereby is authorized to repair Engine 23 with American LaFrance at a cost of $23,352.00, That the Division of Budget be, and they hereby are authorized to transfer funds to the Department of Fire's Collision Repair Account. PASSED AYES -9 NOES -0 NO. 54 RENEWAL OF CONTRACT FOR FIREFIGHTER PHYSICALS WE ARE REQUESTING COUNCIL APPROVAL TO RENEW THE MEDICAL SERVICES PROVIDER CONTRACT WITH UNIVERSITY EMERGENCY MEDICAL SERVICES OCCUPATIONAL AND TRAVEL HEALTH (UEMS) FOR FISCAL 2006 -07. FOR AN ANNUAL FEE OF $119,000.00 UEMS AGREES TO PROVIDE THE CITY OF BUFFALO FIRE DEPARTMENT WITH A COMPREHENSIVE OCCUPATIONAL HEALTH PROGRAM FOR ALL UNIFORM PERSONNEL BASED ON NFPA 1582, 2003 EDITION. WE CURRENTLY HAVE $106,793.00 IN OUR MEDICAL ACCOUNT TO COVER THIS ALL INCLUSIVE AGREEMENT AND HAVE IDENTIFIED THE BALANCE OF THE FUNDS THROUGH A SAVINGS IN OUR FOAM APPROPRIATION. Mr. Bonifacio moved: That the communication from the Commissioner of Fire, dated June 8, 2006, be received and filed; and That the Commissioner of Fire be, and he hereby is authorized to renew the medical services provider contract with University Medical Services Occupational and Travel Health for fiscal year 2006 -2007 for an annual fee of $119,000.00. PASSED AYES -9 NOES -0 NO. 55 RETURN FROM LEAVE OF ABSENCE Be advised that Lieutenant Charles Mayer has returned from his unpaid military leave of absence as of June 5, 2006. Respectfully submitted, RECEIVED AND FILED NO. 56 RETURN FROM LEAVE OF ABSENCE Be advised that Firefighter Anna Krause has returned from her unpaid leave of absence as of June 9, 2006. RECEIVED AND FILED NO. 57 CERTIFICATE OF APPOINTMENT Appointment effective May 23, 2006 in the Department of Fire, Division of Administration to the position of Senior Typist, Permanent Promotion at the intermediate starting salary of $28,128.00 Pamela Zawistowski, 164 Alabama Street, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CORPORATION COUNSEL NO. 58 MUNICIPAL CODE VIOLATIONS REPORT (ITEM NO. 96. C.CP. 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 month of May 2006. As you can see from the report, the various departments issued 1,097 summonses during the month of May, an 83% increase over April. In particular, the Police summonses issued in May increased 160 %. RECEIVED AND FILED NO. 59 NOTIFICATION OF CITY ORDINANCES FOR HOME OWNERS & RESIDENTS (ITEM NO, 116. C.GP. 05/30/06) The Bureau of Administrative Adjudication's function is to process summonses and conduct hearings for quality of life summonses that are issued by several city departments. It is the responsibility of the respective departments to ensure that city residents and homeowners are notified of new or amended ordinances relating to their department. At our hearings the question is often raised about how a resident or homeowner was made aware of certain ordinances, in particular ordinances that relate to trash violations as those frequently change. At our hearings we point to various brochures and notifications that are sent out periodically with User Fee bills notifying homeowners of rules and regulations regarding proper disposal of trash and point out that updated Local Laws for Refuse are accessible on the city web page. I agree that additional measures should be taken to ensure that the public is notified of new or modified ordinances and that a comprehensive plan should be implemented. Additionally, I recommend that a cohesive process notifying appropriate departments of new or amended ordinances that have been enacted by Council should be revisited. Oftentimes quality of life ordinances are passed without input from this Bureau or the respective department and without notification of the passage of the ordinance. This Bureau would be happy to work with departments to ensure that accurate and complete ordinance information is contained in notices involving quality of life ordinances as it relates to our department. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 60 RESTAURANT DANCE LICENSE (RENEWAL) 26 ALLEN (ELLICOTT) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 26 Allen for which said renewal application for a Restaurant Dance Class IV license is being sought and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Bonifacio moved That a Restaurant Dance Class IV license is approved for 26 Allsen Street as applied for by Walter Ward PASSED AYES - 9 NOES -0 NO. 61 SECOND HAND DEALER 868 TONAWANDA (NORTH) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 868 Tonawanda and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand 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 Armayeth Aljabouri. The attached thereto for Armayeth Aljabouri d /b /a Tonawanda Home Appliance. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 62 USED CAR DEALER 771 MILITARY (NORTH) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 771 Military 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 Vernon The attached thereto for Robert Vernon d /b /a Economotors Inc. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 63 VACATING FACILITIES - ENGINE #24 AND ENGINE #33 ITEM #26, C.C.P. 5/30/06 The above referenced item has been forwarded to the Department of Economic Development Permits and Inspection Services for a response. The above referenced item is a communication from the Fire Commissioner advising that the fire facilities located at 110 Leroy (AKA 108 Leroy) and 275 -279 Kehr (AKA 273 Kehr) are being abandoned for public use. City owned real property abandoned for public use is transferred to the jurisdiction of the Office of Strategic Planning, Division of Real Estate, to be disposed of in accordance with Article 27 of the City Charter. Please be advised this Office and the Office of Strategic Planning, Division of Real Estate, are currently reviewing the City inventory of Pubic Buildings recently abandoned for public use. We will be forwarding to the Common Council within the next thirty (30) days a Marketing Plan to dispose of these pubic buildings. Therefore, I am recommending that Your Honorable Body authorize the transfer of the above properties to the Office of Strategic Planning, Division of Real Estate, to be disposed of in accordance with Article 27 of the City Charter. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE & URBAN AFFAIRS NO. 64 VEHICLE AUCTION THE DIVISION OF PURCHASE IS REQUESTING PERMISSION TO DISPOSE OF BY MEANS OF AUCTION OR SCRAP THE ATTACHED ATTENTATIVE LIST OF ASSETS. VEHICLES MAY BE REMOVED OR ADDED TO THIS LIST UPON REVIEW WITH THE DEPARTMENTS. Mr. Bonifacio moved: That the above communication from the Commissioner of Police dated June 5, 2006, be received and filed; and That the Director of Purchase be, and she hereby is authorized to auction or scrap the vehicles as listed. PASSED AYES - 9 NOES -0 FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING NO. 65 CERTIFICATE OF APPOINTMENT Appointment effective June 1, 2006 in the Department of Community Services Contract Administration to the position of Secretary to the Commissioner of Community Services (Exempt, Permanent appointment at the flat starting salary of $ 29,138 Lizbeth Gonzalez, 1786 Kenmore Ave., Apt #A, Buffalo, 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF HUMAN RESOURCES 01 low:11 CONTRACT FOR ENTRANCE LEVEL POLICE OFFICER EXAM Attached is a contract with 1/0 Solutions for preparation and administration of our next entrance -level Police Officer examination. This contract is a result of the RFP process and in accordance with the revised procedures to comply with the District Court's 1979 Order on hiring entry -level Police Officers. REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 67 RESIDENCE WAIVER M. LOMBARDO In January 2006, Michael Lombardo, Commissioner of Fire was granted a residency waiver by the Common Council and Commissioner of Human Resources. Please be advised that Commissioner Lombardo has established residence at 22 Cleveburne PL, Buffalo, NY 14222 and has presented proof of same. Thank you. RECEIVED AND FILED a:l6]Lrilr 9:1 =1111 Y67M N exel0 =I 111L97A I NI LI NO. 68 REQUEST TO CREATE AN OLMSTED HIGH SCHOOL" RES #119 CCP. MAY 30, 2006 ITEM NO. RES # 119 CCP. I would like to thank all the Common Council Members for their continued interest in the education of the Buffalo Public School children. Specifically, as to the study and feasibility of creating an Olmsted High School, Dr. Williams and his staff are considering and implementing many new programs. Olmsted's success warrants discussion on expansion and the District will keep the Council informed on the future plans of Olmsted as well as the other District schools. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION FROM THE BUFFALO SEWER AUTHORITY NO. 69 SUBJEC NOTIFICATION OF CITY ORDINANCES FOR [: HOME OWNERS & RESIDENTS ITEM # 116, C.C.P. MAY 30, 2006 The following information is provided in response to your letter of June 1, 2006: The Buffalo Sewer Authority utilizes the Plumbing Code, the Building Code, and the Health Ordinances of the City of Buffalo to regulate to a substantial degree the construction and use of house or building service sewers and the disposal of sewage and wastes. Any changes or additions to these ordinances would be handled directly by the City of Buffalo. The Buffalo Sewer Authority is governed by the Buffalo Sewer Authority Sewer Use Regulations. These Regulations are considered supplementary to the Plumbing Code, the Building Code, and the Health and other applicable ordinances of the City of Buffalo. Any change or modification made to these regulations would require the Buffalo Sewer Authority to inform the public through legal notice. The document would be available for review for a specific amount of time followed by a public hearing and comment period. Subsequently, there is a response to the comments, and finally adoption of the regulations by the Board of the Buffalo Sewer Authority. The procedure used to inform the public of changes, additions, deletions etc. are set forth in Title 40, Volume 1 Code of Federal Regulations 25- Public Participation. Additionally, the Authority must follow the procedures set forth in the Constitution of the State of New York, Article IV, Section 8. Modifications to the regulations that pertain to the Clean Water Act require the approval of the EPA. REFERRED TO THE COMMITTEE ON LEGISLATION. y :IQ Lri1119:1=1111= iIJ affil ItelLriDl0 ila:KWII10 [Hel1j9 11 VA NO. 70 RESPONSE BMHA AUDITS Dear Mr. Wolf: Please accept this letter as the Buffalo Municipal Housing Authority's response to Item #18, CCP, 2/7/06: BMHA Audits - 2006 (Compt.). FINDING #1 -The overall Internal Control on travel and travel related expenses is poor RESPONSE: The BMHA intends to revise its travel policy. The revised policy will be in compliance with Internal Revenue Service (I.R.S.) regulations. The policy will reflect reimbursements to the traveler similar to the continental United States rate for domestic travel. By using this approach the need for producing receipts will be eliminated. All travel costs will be fully detailed and disclosed in its annual budget submission to HUD. A copy of this annual submission will also be sent to the Mayor's office. FINDING #2 -BMHA pays tax on airline tickets and other travel purchases RESPONSE: We concur with the City Auditor's recommendation and will provide each traveler with a letter stating the tax - exempt status of the BMHA. This letter must be used only for the purpose of tax exemption for the costs related to the traveler's trip expenses, (i.e. airline expenses, hotel costs and incidentals). FINDING #3- Internal Audit recommendations were not implemented RESPONSE: The BMHA chairman will select a team of commissioners to serve on the Audit Committee. The chairman will also seek to fill a position on this committee with a member from an outside agency that has regulatory oversight of the BMHA. At least (1) member of this committee will have an extensive background in Accounting or strong business practices. The Internal Audit Department will continue to examine, on a test basis, all fiscal and operational activities of the BMHA. The results of the reviews will be documented and submitted to the BMHA management. The BMHA management will be responsible to make sure the noted deficiencies are corrected in a timely manner. The BMHA Internal Audit Department will have free and unrestricted access to all BMHA records and files. FINDING #4- Complete lack of controls over fuel consumption for a six month interval RESPONSE: The BMHA will pursue training for the use of the Fuelmaster System. The BMHA will make every effort possible to utilize the features of the system. Although we do not disagree with the substance of the finding, it must be noted that a limited number of staff have "BMHA is an Equal Opportunity /Affirmative Action Employer" Paul W. Wolf June 7, 2006 Page Two access to the gasoline pumps, which are located in a fenced area of the Production, Planning and Control (PPC) garage, located in the Kenfield /Langfield development. The pumps are in full view of the Technical Operations Department management, and are under video surveillance. We were able to discern no evidence of excessive gasoline consumption during the period when the system was inoperable. The BMHA will also make an appropriation of funds necessary to repair any deficiency to the system. FINDING #5- Employee contracts not adhered to (a timing issue - payment for unused vacation etc. prior to departure date as stipulated in the specific contract) RESPONSE: The former Executive Director's contract was apparently incorrectly written. The language for the contracts for the Executive Director, Assistant Executive Director and General Counsel should have been the same in content with regards to unused vacation language. This is an apparent oversight. We concur with the Auditor that the former Executive Director does not need to refund the payments since vacation credit was earned under the terms of the contract; all future contracts for executive staff will be approved by all appropriate oversight bodies. FINDING #6- Approvals by Executive Director for herself RESPONSE: The Executive Director should have maintained a log detailing all expenditures relating to an expense account. The log should have been submitted to the board for its approval. In addition to the log, a copy of the credit card statement should have been submitted. Any expenses incurred on the BMHA credit card should have been related to conducting business on behalf of the BMHA. However, it must be noted that this is no longer an issue, as the current Executive Director does not make use of an expense account. FINDING #7 -Use of purchase orders for small dollar expenditures RESPONSE: We concur with the Auditor's finding and fully intend to adhere to the BMHA procurement policy that purchases under $40.00 will be made out of petty cash. FINDING #8 -Two errors in payroll approvals of a minor nature RESPONSE: We concur with the Auditor's recommendation. Staff will be reminded of the necessary due diligence that is required in payroll tasks. All staff assigned to the payroll function will again be reminded of the necessity of reviewing the transactions related to payroll preparation. We also believe the errors discovered were immaterial and correctable. FINDING #9- Questioned lack of verifiable residency address for "opt out" annual payment RESPONSE: We concur with the method that the Auditor used during their review. The BMHA's Personnel Department works very closely with the City of Buffalo's Civil Service Department to ensure compliance with the residency requirements. In addition, the BMHA's Personnel Department and Internal Audit Department conducted a payroll audit requiring each employee to sign for their paycheck. At that time relevant employee information was verified. This audit took place in fiscal year 2005. In addition, the BMHA's Executive, Legal and Internal Audit Departments collaboratively engaged a private investigator to assist in surveillance activities to substantiate several employee abuses relating to the residency requirements. Unfortunately, one of the cases involving a long -term employee was not successful in terminating this employee who was believed to be abusing the policy. Since then the private investigator's contract was terminated due to lack of funds. However, it should be noted that the BMHA management still tries to ensure that all employees are in compliance with this requirement. FINDING #10 -Minor accounts payable invoice errors noted RESPONSE: We concur with the Auditor's recommendations and plan to train all staff in the processing of payables to be aware of the areas that auditors reviewed. In addition, the Internal Audit Department will continue to review the payables area, on a test basis, and report any deficiencies to BMHA management. It will be the responsibility of the BMHA management to ensure any deficiencies found are addressed and corrected in a timely fashion. 1. FINDING #11 -The Section 8 program sample of Tenants and Landlords uncovered few issues RESPONSE: The first paragraph's issues (sub -lease of Executive Director's apartment and question of a commissioner in a specific unit size) do not relate to the Section 8 Program, but rather the Low Income Public Housing program. As a point of clarification, the Section 8 Program does not exclusively serve "former BMHA tenants ", but is open to any income qualified person, whether or not they are or were low income housing tenants. The final paragraph of this item states "issues developed from the above examination were not material and are covered in other audit comments ". The BMHA requests further clarification of this finding's issues. FINDING #12 -Some tenant self - sufficiency shortcomings RESPONSE: We concur with the Auditor's comments. The BMHA Executive staff in conjunction with the Employment and Training Department will submit reports to the Board of Commissioners outlining the results of they programs they are administering. Timely submission of these reports to will allow the Board to evaluate the effectiveness of each program. Goals and objectives of these programs should be reviewed monthly by the program and evaluation committee. FINDING #13- Change order substantiation missing authorization RESPONSE: The BMHA Purchasing Department will review all of its procurement procedures to ensure all procurement is done properly. The BMHA's management if fully aware of the Auditor's concern for change order abuse. However, the Phase III expenditures were very large and were monitored by BMHA staff and the Hope VI coordinator, who is a private contractor. We encourage the Auditor to demonstrate to the BMHA management that an abuse was incurred on this project. It is our opinion that the only change orders which lacked authorization were those which our HOPE VI coordinator denied. The BMHA management is engaged in a review requested by HUD of its own bidding procedures to ensure that proper specifications are being written and cost proposals are reviewed. The BMHA will try to use the 15% threshold as recommended by the Auditor. Paul W. Wolf June 7, 2006 Page Four I trust this satisfies your request. We appreciate the efforts of the Comptroller's Office in performing this audit, and we hope this process results in our being able to improve our operation and the delivery of vital services to our tenants. Should you need any further information or additional details, please feel free to contact me at: 855 -6711, extension 204 REFERRED TO THE COMMITTEE ON FINANCE. FROM THE CITY CLERK NO. 72 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Public Works, Parks & Streets -M. Merkl Police -R. Delaney, L. Valvo, K. Joyce, K. Vona Administration, Finance & Urban Affairs -M. Hansen -Hill RECEIVED AND FILED. NO. 73 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Bonifacio moved the approval of the appointments to the position of Council Intern. ADOPTED. Appointment Effective 5/22/06 in the Department of Common Council, North District, to the position of Intern V, Seasonal, Non - Competitive, at the flat starting salary of $8.00 /hr. Marc G. Amigone 24 Argyle Park Buffalo, NY 14222 Appointment Effective 5/30/06 in the Department of Common Council, Delaware District, to the position of Intern VI, Seasonal, Non - Competitive, at the flat starting salary of 10.00 /hr. Nicholas Heidinger 172 Alabama St. Buffalo, NY 14204 NO. 74 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. DEPARTMENT OF ASSESSMENT AND TAXATION Appointment Effective 6/19/06 in the Department of Assessment and Taxation, to the position of Clerk, Seasonal, at the flat starting salary of $8.15/hr. Maryann Alongi 87 Rebecca Park Buffalo, NY 14207 DEPARTMENT OF PUBLIC WORKS, PARKS AND STREETS Appointment Effective 6/12/06 in the Department of Public Works, Parks & Streets, Division of Streets, to the position of Clerk, Seasonal, at the flat starting salary of $8.15/hr. Sherry Sherrill- Patton 22 Niagara Falls Boulevard Buffalo, NY 14214 Appointment Effective 5/26/06 in the Department of Public Works, Parks & Streets, Division of Streets, to the position of Laborer II, Seasonal, at the flat starting salary of $8.15/hr. Michael F. Schroeder 98 Coolidge Road Buffalo, NY 14220 Daniel S. Skura 112 Argus Street Buffalo, NY 14207 Dominic A. Daniels 238 Townsend Street Buffalo, NY 14212 NO. 75 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Appointment Effective 5/26/06 in the Department of Public Works, Parks & Streets, to the position of Street Worker, Temporary, at the minimum starting salary of $26,779. Richard G. LaFrano 160 N. Ogden St. Buffalo, NY 14206 NO. 71 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 228 Franklin St. No Name Given E. Audet 70 W. Chippewa St. Subzero Niteclub J. Balconi RECEIVED AND FILED. NO. 72 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Public Works, Parks & Streets -M. Merkl Police -R. Delaney, L. Valvo, K. Joyce, K. Vona Administration, Finance & Urban Affairs -M. Hansen -Hill RECEIVED AND FILED. NO. 73 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Bonifacio moved the approval of the appointments to the position of Council Intern. ADOPTED. Appointment Effective 5/22/06 in the Department of Common Council, North District, to the position of Intern V, Seasonal, Non - Competitive, at the flat starting salary of $8.00 /hr. Marc G. Amigone 24 Argyle Park Buffalo, NY 14222 Appointment Effective 5/30/06 in the Department of Common Council, Delaware District, to the position of Intern VI, Seasonal, Non - Competitive, at the flat starting salary of 10.00 /hr. Nicholas Heidinger 172 Alabama St. Buffalo, NY 14204 NO. 74 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. DEPARTMENT OF ASSESSMENT AND TAXATION Appointment Effective 6/19/06 in the Department of Assessment and Taxation, to the position of Clerk, Seasonal, at the flat starting salary of $8.15/hr. Maryann Alongi 87 Rebecca Park Buffalo, NY 14207 DEPARTMENT OF PUBLIC WORKS, PARKS AND STREETS Appointment Effective 6/12/06 in the Department of Public Works, Parks & Streets, Division of Streets, to the position of Clerk, Seasonal, at the flat starting salary of $8.15/hr. Sherry Sherrill- Patton 22 Niagara Falls Boulevard Buffalo, NY 14214 Appointment Effective 5/26/06 in the Department of Public Works, Parks & Streets, Division of Streets, to the position of Laborer II, Seasonal, at the flat starting salary of $8.15/hr. Michael F. Schroeder 98 Coolidge Road Buffalo, NY 14220 Daniel S. Skura 112 Argus Street Buffalo, NY 14207 Dominic A. Daniels 238 Townsend Street Buffalo, NY 14212 NO. 75 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Appointment Effective 5/26/06 in the Department of Public Works, Parks & Streets, to the position of Street Worker, Temporary, at the minimum starting salary of $26,779. Richard G. LaFrano 160 N. Ogden St. Buffalo, NY 14206 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 76 G BERNAS- BUFFALO ENVIRONMENTAL TASK FORCE -FINAL REPORT & COMMENTS Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council session to be held on June 13, 2006. The report from the Buffalo Environmental Review Task Force was completed and originally filed with the Common Council in July 2002. Also attached is a copy of the response and recommendations from Greg Bernas, Assistant Environmental Program Coordinator with the City of Buffalo, Department of Public Works. The topic was discussed at the Special Legislation Committee meeting held on May 31, 2006, where collaboration on SEQR related issues was discussed. Thank you for your attention to this matter. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 77 MEMORANDUM REGARDING:BOARD PACKET DOCUMENTS 6/5/06 Attached are the following documents from the June 5, 2006 Joint Schools Construction Board Meeting 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated May 1, 2006 3. Fully executed Phase II Application and Certificate for Payment No. 19 — April 2006 4. Phase II Application and Certificate for Payment No. 20 - May 2006 5. Program Packaging and Development Services (PPDS) Provider Update 6. Phase II Procurement Schedule dated May 24,2006 7. Phase II Buffalo Public Schools Program Bid Package Schedule / Target Dates /Status 8. Buffalo Niagara JOBS Initiative Update dated May 26, 2006 9. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase II Project - April 2006 10. Summary of Career Path Meeting of May 4, 2006 RECEIVED AND FILED NO. 78 RE: PARKING ON VIRGINIA PLACE Dear Mr. Chwalinski, Please file the attached item for further discussion at the next Common Council session to be held June 13,2006. Copies of the petitions can be found in the City Clerks office for review if necessary. Thank in advance for your assistance in this matter. Sincerely, Dear Councilman Davis - I am writing about an issue I am having on Virginia Place. I live on Virginia Place and there is an issue with the parking. The street is posted as 2 -hour parking from 7am to 7pm Monday through Saturday. Most of the time this is not an issue as I work during the day. The problem is that the police have randomly been enforcing the parking regulations and if I am home sick or take a day off from work there is no place for me to park. My boyfriend has been ticketed twice since March since he would ride his bike to work, an environmentally friendly alternative to driving. He has been laid off from his job and is currently home everyday. Thus being the target for parking tickets. In October 2005, the Allentown Association had a meeting with residents, business owners and Len Sciolino from the parking division. Many options were discussed at the meeting including changing one side of Virginia Place to all -day parking and leaving the other side 2 hour parking. The meeting ended with the decision that they would not ticket on Virginia Place until a decision was made on how to handle the problem. We have not heard anything from the association or the city since this meeting. But the police have been ticketing. I have no problem with the police enforcing the law but what are residents supposed to do. Everyone talks about how they want people to live in the City but situations like this make it very difficult to stay. In fact it has caused me to look for houses, not just outside of Allentown but outside of the City all together. I don't want to move but I and my boyfriend can afford to be ticketed every time we are home during the day. There are no close parking options either. Delaware and Allen have parking meters with 2 hour limits, Virginia Street and Franklin have 2 -hour limits as well. I am not sure where we are supposed to park. I have been told, we it was like that when you moved there, but the truth is it was never enforced and everybody knew it. I would appreciate if you could look into this situation. It is not right that residents shouldn't be able to park within a block of their home for 12 hours a day, 6 days a week. I know that residence parking permits have to be addressed through the state government, but something needs to be done before more people are chased out of the city. Thank you for your time. Sincerely, Lisa Keeney REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS AND THE DIRECTOR OF REAL ESTATE NO. 79 A DECK - MILLER - BUSINESS FIRST ARTICLE RETRAINING GETTING BACK TO BOCES Article available for review in The City Clerk's Office RECEIVED AND FILED NO. 80 S. GEHL -HOME ENDORSE PASSAGE GENDER IDENITY NON DISCRIMINATION ACT Ms. Mary H. Baldwin Legislative Staff Manager Buffalo Common Council 1413 City Hall Buffalo, NY 14202 Dear Ms. Baldwin: We are in receipt of your letter regarding the resolution by Messrs. Bonifacio, Golombek and Thompson urging amendment of the New York State Human Rights Law to prohibit "discrimination against transgendered individuals" [Resolution #110 CCP 5/2/06]. The Board of Directors of Housing Opportunities Made Equal has endorsed passage of the Gender Identity Non - Discrimination Act, legislation now pending in the Assembly (A.7438) and Senate (S.4794), to accomplish this goal. Thank you. Sincerely, Scott W.Gehl Executive Director RECEIVED AND FILED NO. 81 VULCAN STREET AGREEMENT DEAR COUNCILMEMBERS: . This letter is in response to Common Council Chief -of -Staff Paul W. Wolf s letter of May 25, 2006 to the undersigned concerning the terms of payment by the City of Buffalo ( "City ") to the County -of Erie ( "County ") for the City's share of the reconstruction costs of Vulcan Street, as well as questions pertaining to the County's snowplowing assistance in the city. Pursuant to Mr Wolfs letter, on May 16, 2006 the Common Council by resolution approved paying the City's legal obligation to Erie County in the foil amount of $641,241,29 (the City's share of the cost for the reconstruction of Vulcan Street). The letter and resolution also allege that the county has failed to pay the city for snowplowing assistance during a three -year period. However, in authorizing payment your Honorable Body has made the City's payment contingent upon the County's formal written response to three questions: (1) Are any monies currently appropriated or reserved for the payment of the cited invoices; (2) What is the status of the EC Legislature action in 2003 to appropriate $200,000 for City Snow Removal costs; and (3) Will your office pay the cited invoice and when? If not, why not? This letter shall serve as the County's formal response to your questions. Vulcan Street Reconstruction In 2003 the County' City, and Town of Tonawanda ( "Town entered into an agreement to reconstruct Vulcan Street, a thoroughfare bordering the City and Town and jointly owned by those two municipalities (the "Project "). Under the terms of that agreement, the County, Town, and City agreed to reconstruct Vulcan Street at a cost of $1,500,000, subject to any change orders, with the County administering the Project and providing the funds up- front. In return, the City and Town each agreed to pay $500,000 for the project, with the State of New York ( "State ") also contributing $500,000. The Project was completed and the Town and State have reimbursed AA A the County and fulfilled their obligations. However, the City has not paid the County for its AH /jr\ Vulcan Street Letter to Buffalo Common Council June 12, 2006 Page 2 of 4 share of the Project. Due to change orders and contingencies that developed during construction, the City's cost is $641,241.29. The County's Department of Public Works sent invoices to the City in letters dated October 22,2004 and May 25,2005 requesting payment of the total amount due. Those requests went unfulfilled In April 2006, my office became aware of this matter and initiated efforts with the office of Buffalo City Comptroller Andrew SanFilippo to secure payment- The City Comptroller has acknowledged the availability of bond proceeds to pay this obligation. Snowplowing Assistance Starting in the mid- 1990s, the County began appropriating funds to the three cities in Erie County for snowplowing assistance. Those payments were as follows: City of Buffalo: $300,000 in 1996, $232,058 in 1997, 1998, 1999, and 2000 and $232 in 2001; City of Lackawanna: $70,000 in 1996.and $35,000 in 1997, 1998,1999, 2000 and 2001; and City of Tonawanda: $70,000 in 1996 and $35,000 in 1997, 1998, 1999, 2000 and 2001. Those payments took the form of public benefit appropriations, i.e., grants, from the County to each city and were identified as such in the County's annual budgets under the account "Extraordinary County Aid to Local Governments." In Erie County fiscal years 2002, 2004, 2005 and 2006, no funding was budgeted, appropriated or allocated for snowplowing assistance for any city. In late 2002, the Erie County Legislature amended the County Executive's proposed 2003 budget to include $200,000 for "Buffalo Snow Removal . This funding was never memorialised by a contract between the City and County and the appropriation has since lapsed Based on three invoices recently provided to my office, and unbeknownst to this office (those invoices were apparently sent to the County's Division of Budget, Management and Finance in past years) the City has apparently been billing the County for "County snow removal aid reimbursement for snow plowing of county roads within the City of Buffalo limits" in city fiscal years 2002 - 2003,2003 - 2004, and 2004 - 2005 at a rate of $232,058 per year, for a total of $696/174. The letter signed by Mr. Wolf also references a "current year billing" of $232,058 which has not yet been rendered. Our office has researched this issue, and we also requested a legal opinion /review by the Erie County Department of Law. The Erie County Attorney has reviewed the status of snowplowing assistance to the City of Buffalo for the years 2002 - 2006. The County Attorney has stated that his office is "not aware of any contracts, agreements or memoranda of agreement by and between the County of Erie and the City of Buffalo which purport to obligate the County of Erie to pay the City for the years 2002, 2003, 2004, 2005 and /or 2006 in connection with snowplowing costs incurred by the City." . Additionally, Mr. James Pajak of the Common Council staff has stated to a representative of this office that City personnel have been unable to locate any signed contracts, agreements or of understanding committing the County to provide such snowplowing assistance. y, this office believes that absent any signed contracts, agreements, or memoranda of understanding between the County and City, the County was not obligated to provide any snowplowing financial assistance to the City. In short absent any legal agreements to do so. and lacking any reserved and /or appropriated funds (both in those past fiscal years, as well as in the County's current 2006 fiscal year), the County cannot and will not pay any such invoices In summation and in response to the specific questions posed in Mr, Wolfs letter of May 25,2006: Q. Are any monies currently appropriated or reserved for the payment of the cited invoices? A, No. Q. What is the status of the EC Legislature action in 2003 to appropriate $200,000 for City Snow Removal costs? A. In 2002, the Erie County Legislature amended the County Executive's 2003 budget to include $200,000 for "Buffalo Snow Removal." This funding was never memorialized by a contract between the City and County and the. appropriation has since lapsed. Q. Will your office pay the cited invoice and when? If not, why not? A. No. As mentioned above, the County has no legal obligation to pay for such amounts, and has no money reserved or appropriated for this purpose. Demand for Payment Accordingly, we hereby formally demand that the City immediately pay to the County $641,24129 as payment in full for the City's share of the Project's costs. Please note at this time we are not demanding interest from the City. However, if the City's fails to pay the County the full amount owed by Friday, June 23, 2006, the County will be compelled to pursue all avenues of collection, including, but not limited to, commencing litigation against the City for the full amount owed plus interest - Thank you in advance for your assistance. If you have any questions, please contact my office at 858 -8404. Suggested working of Council action regarding CCP # 81 -77A dated June 13, 2006: Received and Filed; and that the Comptroller is hereby authorized to release payment to Erie County for the Vulcan Street Project as stated in CCP #25 dated May 16, 2006. RECEIVED AND FILED NO. 82 JOB CREATION EFFORT IS QUESTIONED CITY HAS NO WAY OF ASSESSING IMPACT OF APPRENTICESHIP RULES FOR CONTRACTORS By MIKE GOODWIN StaffWriter SCHENECTADY - The City Council two years ago altered city contracting rules to require companies with contracts worth $200,000 or more to have apprenticeship Programs, saying the measure would ensure the creation of trade jobs. But two years after the legislation was passed, city officials admit they have no idea whether apprentices have been hired for work in Schenectady or, if so, how many. Qty Council member Joseph Allen, one of the measured most prominent supporters, said the lack of oversight prevents the city from determining whether it's actually creating jobs in Schenectady. The council passed the measure over the veto of former Mayor Albert P. JurczynsM in early 2003. Allen said fellow Democratic Mayor Brian U. Stratton and colleagues on the Qty Council have ignored the need to check on whether the program is creating local jobs. "The overall attitude of the administration and the council is (that) they're not interested," Allen said. Stratton's supporters said the city's legislation simply requires contractors to show certificates that they use apprentice programs. Stratton said it's not the responsability of the city to keep track of whether apprentices are actually hired. "We're not required to do that. I think (the Department of) Labor should be tracking that," said Stratton. The program was a major initiative for Stratton, who in early 2003 was courting the support of labor unions for his successful run for mayor later that year. The Labor Department sets the regulations for the certification of apprenticeship programs. Labor unions provide much of the region's apprentice training and critics of the proposal called the measure a thinly veiled attempt to ensure that work went only to contractors who employed union workers. Qty Council member Cathy Lewis, the council's sole Republican, was the only lawmaker to vote against the measure. She said she has had the same concerns as Allen since the legislation passed. She said the legislation should have required contractors to make a regular accounting of how many apprentices they hire and how many go to work in Schenectady. "How do you know if they hired anybody ?" Lewis said. "I voted against it There was no accountability." RECEIVED AND FILED NO. 83 REQ ALT PARKING REGENT STREET I am writing to you with a concern about the parking on Regent St. This street is very difficult to park on. There is a Police Satellite Station as well as a ball park located here. At any given time, there are 5 -10 police cars parked on the street. Sometimes they are on both sides of the street. When there is a sporting event going on, parking is at a premium. People who have more than one vehicle, or work past 4:OOP.M. on Wednesdays and Sundays also face a problem. They are not home in time to move the vehicles that are on the switching side, and therefore they get ticketed. I am proposing 24/7 parking on one side of the street with alternate parking on the other side. My neighbors and I feel that itwould be a very beneficial solution to an on -going problem to have the 24/7 parking on one side with alternate parking on the other as many of the other streets in our area are set. I appreciate your taking the time in this matter. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 84 P. HOAK - APPRENTICSHIP UTILIZATION LANGUAGE CORRESPONDENCE AVAILABLE FOR REVIEW IN THE CITY CLERK'S OFFICE RECEIVED AND FILED NO. 85 REQUEST TO DETERMINE WHETHER ACTIONS OF BMHA COMMISSIONERS AND STAFF CONSTITUTES CRIMINAL ACTIVITY THAT SHOULD BE PROSECUTED / Dear Mr. Clark: On March 1, 2006,1 forwarded a letter to you with very specific information regarding the conduct of Buffalo Municipal Housing Authority Commissioners and staff. The question I posed in my letter was whether the specific conduct of BMHA Commissioners and staff constituted criminal activity that could be prosecuted. I would greatly appreciate receiving a response to my March 1, 2006 inquiry. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 86 RTE 5 BRIDGE PAINTING /CONCRETE SEALING Dear Mr. Chwalinski: This is to advise you that the completed work on the above -noted contract was officially accepted by the New York State Department of Transportation on May 25, 2006. As per the Project Proposal for D259223, Page 100: After acceptance of this contract, the State will resume maintenance of the highway. All intersecting roads, highways, or streets not on the State highway system shall be maintained by the agency or local unit of government having jurisdiction beyond the outside edge of shoulder, curb line, or back of ditch of the State highway across the intersection. This letter serves as a courtesy to notify you that the contractor for this project, Liberty Maintenance, Inc., is no longer directly involved in roadway maintenance. Very truly yours, ALAN E. TAYLOR, P.E. REGIONAL DIRECTOR RECEIVED AND FILED NO. 87 INFO BETHLEHEM STEEL SITE INTRODUCTION The U.S. Environmental Protection Agency (EPA) and New York State Department of Environmental Conservation (DEC) invite you to attend a public meeting to discuss environmental investigation results for the former Bethlehem Steel Corporation site located along the Lake Erie shoreline, in the City of Lackawanna, Erie County. See box at left for additional meeting details. EPA and DEC believe that site investigations required under an EPA administrative order have been completed. At the meeting, EPA and DEC will propose that the administrative order can now be terminated. The meeting will focus on this proposal, but will also include an opportunity for you to ask questions about this work and to comment on the proposal. If time allows, updates on site redevelopment activities (brownfield projects, wind farm) will also be provided. This fact sheet explains the proposed action, how to provide comments, and how to obtain more information. SITE BACKGROUND In 1990 EPA and Bethlehem Steel Corporation signed an agreement (administrative order) requiring investigation of environmental conditions at and near the approximately 1600 acre Lackawanna site. The investigations were conducted primarily by Bethlehem Steel Corporation, before the company filed for bankruptcy in 2001. In 2003 International Steel Group (ISG) purchased Bethlehem Steel Corporation's assets. Tecumseh Redevelopment Inc., a wholly owned - subsidiary of ISG, completed and submitted the final site investigation report in 2005. The investigation focused on 104 areas where waste management or disposal reportedly occurred and six water courses within or next to the site. The investigation was completed in several phases and involved groundwater, Bethlehem Steel Lackawanna Site surface water, waste, soil and sediment testing at the site and in adjacent water courses, including Smokes Creek, Blasdell Creek and Lake Erie. Investigation results indicate that significant groundwater contamination is present in several areas of the site including the area near the coke ovens, the area near the mouth of Smokes Creek, and the area near a former tank farm north of Smokes Creek. Waste and contaminated soil are mainly in the slag fill area in the western part (Lake Erie side) of the site, where Bethlehem disposed waste from iron, steel making and the coking operation. Contaminated sediment was also found to be present in several of the water courses, including Smokes Creek and Blasdell Creek. The investigation identified a number of areas of soil, groundwater and sediment contamination that will require clean up. As an interim cleanup action, Tecumseh Redevelopment, Inc. (the current owner of most of the site) installed a groundwater collection and treatment system in the benzol yard, near the south end of the coke batteries, that began operating in 2005. WHAT IS THE PROPOSED ACTION? -EPA plans to approve the site investigation report and terminate the consent order that required the investigation. The EPA order only addressed the investigation phase of the cleanup activities at the site. DEC will be the lead agency for future site cleanup activities. NEXT STEPS Based on the investigation results, EPA and DEC recommend that 43 waste management areas and 5 water courses be further evaluated to identify possible cleanup methods. Future cleanup of the site is anticipated and will be planned and overseen by DEC. DEC is currently working with Tecumseh Redevelopment Inc. to prepare legal agreements directing cleanup work. DEC expects to finalize the cleanup agreement during 2006. OPPORTUNITIES FOR PUBLIC INPUT EPA and DEC welcome your input on the tentative determination that the site investigation required under EPA's consent order has been completed. A public meeting will be held on June 13, 2006 at 6:30 PM at the Lackawanna Senior Citizens Center on Martin Road in Lackawanna to discuss the proposed action. At the meeting, EPA and DEC representatives will be available to answer questions and accept public comments. Written comments regarding the proposed action can also be sent to EPA at the address listed below. In order to be considered, comments need to be received by EPA by July 10, 2006. WHO TO CONTACT IF YOU HAVE QUESTIONS ABOUT THE SITE For more information about activities at the site, we encourage you to contact the representatives listed below with any questions, comments or concerns. If you know of anyone who would like to be added to the mailing list to receive project updates, please have them contact one of the representatives listed below. Project documents can also be viewed at the locations listed under "Site Related Project Questions." To view documents, please call for an appointment. Site - Related Project Questions Mr. Stanley Radon Mr. Larry Thomas Mr. James Reidy NYS DEC Region 9 Office NYS DEC Central Office US EPA Region 2 Office 270 Michigan Avenue 625 Broadway 290 Broadway Buffalo, -NY 14203 Albany, NY 12233 -7258 New York, NY 10007 -1866 (716)851 -7220 (518)402 -8594 (212)637 -4172 Site - Related HealthOuestions Cameron O'Connor, Public Health Specialist NYS Department of Health 584 Delaware Avenue Buffalo, NY 14202 (716)847 -4385 RECEIVED AND FILED NO. 88 WORKER TRAINING ORDINANCE May 30,2006 Hon. David Franczyk 1315 Gay Hall Buffalo, NY 14202 Dear Council President Franczyk: On behalf of the Buffalo Niagara Partnership, representing 2,500 business members in the Buffalo Niagara region, I am writing today to urge you to oppose the proposed expansion of the Qt /s current worker training law, which would require any construction company with a contract with the Qty of Buffalo greater than $25,000 to provide an apprentice - training program approved by NYS Department of Labor. In today's Buffalo News, there is a very well- stated editorial asking state leaders to help rid upstate New York of burdensome regulations and taxes that have made our region uncompetitive. The recommendations in the editorial echo those in the "Unshackle Upstate" program, an effort championed by the upstate business community. I ask you, however - how can advocacy efforts on behalf of our community succeed when our own local governments are imposing the same sorts of regulations that are hurtful to business? Lowering the threshold on the city's current worker training regulations will serve only to alienate smaller businesses - both union and non -union - from competing for public contracts. For many businesses that provide necessary services, implementation of a NYSDOL- approved training program is extremely burdensome, if not impossible. The result: higher costs to taxpayers. A study compiled in September 2000 by engineering and management consultant Paul G. Carr concluded that for every lost bid on a project, the increase in cost is 3.228 %. Eliminating more businesses from the bidding process on city contracts will have a detrimental effect not only on the business community, but on the cit /s bottom line. The Buffalo Niagara Partnership strongly opposes the expansion of the Qty of Buffalo's current worker training regulations, and urges you to do the same. The negative impact of the law outweighs any potential benefits. Thank you for your consideration. Sincerely, RECEIVED AND FILED NO. 89 A.RUDNICK INTERPRETATION OF COB'S WORKER TRAINING ORDINANCE Item unable to scan properly on file in Clerk's Office. RECEIVED AND FILED. NO. 90 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK NOTICE OF SALE OF SUBSTANTIALLY ALL OF THE DEBTORS' ASSETS TO TIME WARNER NY CABLE LLC AND COMCAST CORPORATION PURSUANT TO SECTIONS 105, 363, 365 AND 1146 OF THE BANKRUPTCY CODE AND RULES 2002, 6004, 6006 AND 9014 OF THE FEDERAL RULES OF BANKRUPTCY PROCEDURE PLEASE TAKE NOTICE THAT on April 20, 2005, Adelphia Communications Corporation, one of the above - captioned debtors and debtors in possession (collectively, the " Debtors "), entered into asset purchase agreements (the " Purchase Agreements ") with Time Warner NY Cable LLC ( " Time Warner ") and Comcast Corporation ( " Comcast " and, together with Time Warner, the " Buyers ") pursuant to which the Buyers agreed to purchase substantially all of the Debtors' assets. PLEASE TAKE FURTHER NOTICE THAT the Debtors initially proposed to sell their assets to the Buyers pursuant to a plan of reorganization in the Debtors' cases, most recently in the Debtors' Modified Fourth Amended Joint Plan of Reorganization, dated April 28, 2006 (the " April Plan "). The Debtors, with the exception of the Parnassos Debtors and the Century -TCI Debtors (as such terms are defined in the April Plan and, collectively, the " Joint Venture Debtors "), have now determined to seek authority to sell their assets to the Buyers pursuant to section 363 of title 11 of the United States Code (the " Bankruptcy Code "), rather than under a plan or plans of reorganization. PLEASE TAKE FURTHER NOTICE THAT on May 26,2006, the Debtors filed a Motion Pursuant to Sections 105, 363, 365 and 1146(c) of the Bankruptcy Code and Rules 2002, 6004, 6006, and 9014 of the Federal Rules of Bankruptcy Procedure Seeking Approval of: (1) a Form of Notice Regarding Certain Hearing Dates and Objection Deadlines; (11) New Provisions for Termination and for the Payment or Crediting of the Breakup Fee; (111) the Sale of Substantially All Assets of Adelphia Communications Corporation and its Affiliated Debtors (the " Sale ") Free and Clear of Liens, Claims, Encumbrances, and Interests and Exempt from Applicable Transfer Taxes; (IV) the Retention, Assumption and /or Assignment of Certain Agreements, Contracts and Leases; and (V) the Granting of Related Relief (the " Motion "). PLEASE TAKE FURTHER NOTICE THAT, pursuant to the Motion, the Debtors are seeking authority to sell substantially of their assets (except as set forth above) to the Buyers, free and clear of all liens, claims, interests and encumbrances, including but not limited to all Encumbrances and Liabilities (other than Permitted Encumbrances securing Assumed Liabilities) (each as defined in the Purchase Agreements), with any such liens, claims, encumbrances, or interests to attach to the net sale proceeds of the Sale, subject to further order of the Bankruptcy Court (as defined below). PLEASE TAKE FURTHER NOTICE THAT on May 26, 2006, the Honorable Robert E. Gerber, United States Bankruptcy Judge, United States Bankruptcy Court for the Southern District of New York (the " Bankruptcy Court ") entered an order approving the form and manner of this notice. PLEASE TAKE FURTHER NOTICE THAT the Debtors intend to propose a modified plan of reorganization for the Joint Venture Debtors (as the same may be amended and /or modified, the " Joint Venture Plan "), which will be a plan of reorganization solely for the Joint Venture Debtors. Pursuant to the Joint Venture Plan, the Debtors' equity interests in the Joint Venture Debtor Parents will be transferred to Comcast under the Joint Venture Plan. The Debtors do not believe that the modifications to the April Plan to be embodied within the Joint Venture Plan will change the treatment of the creditors and equity interest holders of the Joint Venture Debtors in a material and adverse manner. Accordingly, the Debtors do not believe they will be required to re- solicit acceptances of the Joint Venture Plan from those creditors of the Joint Venture Debtors entitled to vote on such plan. The Debtors will file a separate motion seeking approval of the modifications of the April Plan to be included within the Joint Venture Plan. PLEASE TAKE FURTHER NOTICE THAT on October 22, 2004, the Bankruptcy Court entered that certain Order Pursuant to Sections 105, 363, 503, 507 and 1123 of the Bankruptcy Code, Approving Bidding Procedures and Bid Protections in Connection with the Direct or Indirect Sale of Substantially All of the Assets of Adelphia Communications Corporation and Certain of its Affiliates (the " Bid Protections Order "). On April 21, 2005, the Bankruptcy Court entered an order supplementing the Bid Protections Order (the " Supplemental Order "). PLEASE TAKE FURTHER NOTICE THAT the Motion also seeks approval of certain changes to the provisions of the Purchase Agreements that previously had been approved by the Bid Protections Order and the Supplemental Order (the " Additional Buyer Provisions "). A hearing (the " Additional Buyer Provisions Hearing ") will be held before the Honorable Robert E. Gerber, United States Bankruptcy Judge, in Courtroom 621, United States Bankruptcy Court for the Southern District of New York, One Bowling Green, New York, New York 10004 on June 8,2006 at 9:45 a.m. (prevailing Eastern Time), or as soon thereafter as counsel can be heard, to consider entry of an order approving the Additional Buyer Provisions (the " Additional Buyer Provisions Order "). PLEASE TAKE FURTHER NOTICE that objections, if any, to entry of the Additional Buyer Provisions Order must be filed no later than 4:00 p.m. (prevailing Eastern Time) on June 5,2006 (the " Additional Buyer Provisions Objection Deadline "). Objections must: (i) be made in writing; (ii) state with particularity the legal and factual ground therefor; (iii) conform to the Bankruptcy Rules and the Local Rules of this Court; (iv) be filed with the Bankruptcy Court electronically in accordance with General Order M -182 (General Order M -182 and the User's Manual for the Electronic Case Filing System can be found at www.nvsb.uscourts.aov the official website for the Bankruptcy Court), by registered users of the Bankruptcy Court's case filing system and, by all other parties in interest, on a 3.5 inch disk preferably in Portable Document Format (PDF), Microsoft Word or any other Windows -based word processing format (with a hard -copy delivered directly to Chambers); and (v) be served upon the following parties (collectively, the " Notice Parties ") so as to actually be received by each of the Notice Parties no later than 4:00 p.m. (prevailing Eastern Time) on June 5, 2006: (a) Willkie Fair & Gallagher LLP, attorneys for the Debtors, 787 Seventh Avenue, New York, New York 10019 (Attn: Marc Abrams, Esq. and Rachel Strickland, Esq.); (b) Adelphia Communications Corporation, 5619 DTC Parkway, 8 Floor, Greenwood Village, CO 80111 (Attn: Brad Sonnenberg, Esq.); (c) counsel to the Buyers, (1) Paul, Weiss, Rifkind, Wharton & Garrison LLP, 1285 Avenue of the Americas, New York, NY 10019 -6064 (Attn: Alan W. Kornberg, Esq. and Jeffrey Saferstein, Esq.), and (2) Ballard Spain - Andrews & Ingersoll, LLP, 1735 Market Street, 51st Floor, Philadelphia, PA 19103 -7599 (Attn: William Slaughter, Esq. and Richard S. Perelman, Esq.); (d) counsel to the Official Committee of Unsecured Creditors, Kasowitz Benson Torres & Friedman LLP, 1633 Broadway, New York, New York 10019 (Attn: David M. Friedman, Esq. and Adam L. Shiff, Esq.); (e) counsel to the Official Committee of Equity Security Holders, Morgenstern Jacobs & Blue, LLC, 885 Third Avenue, New York, New York 10022 (Attn: Peter D. Morgenstern, Esq. and Gregory A. Blue, Esq.); (f) the Office of the United States Trustee for the Southern District of New York, 33 Whitehall Street, 21 sc Floor, New York, New York 10004-2112 (Attn: Tracy Hope Davis, Esq.); (g) the following counsel to the Debtors' prepetition lenders, (1) Mayer, Brown, Rowe & Maw, 1675 Broadway, New York, NY 10019 (Attn: Kenneth Noble, Esq.), (2) Milbank, Tweed, Hadley & McCloy LLP, One Chase Manhattan Plaza, New York, NY 10005 (Attn: Luc Despins, Esq.), (3) Milbank, Tweed, Hadley & McCloy LLP, One Chase Manhattan Plaza, New York, NY 10005 (Attn: Dennis F. Dunne, Esq.), (4) Haynes & Boone LLP, 901 Main Street, Suite 3100, Dallas, Texas 75202 (Attn: Robin E. Phelan, Esq.), (5) Luskin Stern & Eisler LLP, 330 Madison Avenue, New York, NY 10017 (Attn: Michael Luskin, Esq.), and (6) Simpson Thacher & Bartlett, 425 Lexington Avenue, New York, NY 10017 (Attn: Peter V. Pantaleo, Esq.); and (h) counsel to the Debtors' postpetition lenders, Davis Polk & Wardell, 450 Lexington Avenue, New York, NY 10017 (Attn: Marshall Huebner, Esq.). PLEASE TAKE FURTHER NOTICE THAT UNLESS AN OBJECTION IS TIMELY FILED AND SERVED BY THE ADDITIONAL BUYER PROVISIONS OBJECTION DEADLINE IN THE MANNER SET FORTH HEREIN, IT SHALL NOT BE CONSIDERED AT THE ADDITIONAL BUYER PROVISIONS HEARING. REFERRED TO THE COMMITTEE ON LEGISLATION AND CORPORATION COUNSEL. PLEASE TAKE FURTHER NOTICE THAT pursuant to an order of the Bankruptcy Court dated October 14, 2005 (the " Cure Procedures Order "), the Debtors have provided notice to certain contract counterparties of their intention to retain, assume and /or assign certain agreements, contracts and leases. Pursuant to the Cure Procedures Order, such parties were required to file objections ( " Cure Objections ") to the Debtors' Notice of Proposed Retention, Assumption and /or Assignment of Agreements and Proposed Cure Amounts no later than thirty (30) days after service of a Cure Notice to such counterparty.' The hearing to consider certain Cure Objections is scheduled to commence on May 31, 2006 at 10:00 a.m. (prevailing Eastern Time). PLEASE TAKE FURTHER NOTICE THAT a hearing (the " Sale Hearing ") will commence before the Honorable Robert E. Gerber, United States Bankruptcy Judge, in Courtroom 621, United States Bankruptcy Court for the Southern District of New York, One Bowling Green, New York, New York 10004 on June 27, 2006 at 9:46 a.m. (prevailing Eastern Time), or as soon thereafter as counsel can be heard, to consider the balance of the Motion and entry of a proposed order approving the Sale. PLEASE TAKE FURTHER NOTICE that objections, if any, to entry of the Sale Order must be filed no later than 4:00 p.m. (prevailing Eastern Time) on June 20, 2006 (the " Sale Objection Deadline "). Objections must be filed and served on the Notice Parties in accordance with the preceding paragraph so as to actually be received by each of the Notice Parties no later than 4:00 p.m. (prevailing Eastern Time) on June 20, 2006. UNLESS AN OBJECTION IS TIMELY FILED AND SERVED BY THE SALE OBJECTION DEADLINE IN THE MANNER SET FORTH HEREIN, IT SHALL NOT BE CONSIDERED AT THE SALE HEARING. PLEASE TAKE FURTHER NOTICE THAT copies of the Motion (a) may be obtained upon written request to Adelphia Communications Corporation Requests, c/o Bankruptcy Services LLC, 757 Third Avenue, 3 rd Floor, New York, NY 10017, and (b) also are available for viewing at the Debtors' website, www.adelphia.com Dated: New York, New York June 1,2006 WILLKIE FARR & GALLAGHER LLP Attorneys for Debtors and Debtors in Possession 787 Seventh Avenue New York, NY 10019 REFERRED TO THE COMMITTEE ON LEGISLATIONAND CORPORATION COUNSEL. 'All capitalized terms used but not defined herein shall have the meanings ascribed to them in the Motion. NO. 91 WNY AREA LABOR FEDERATION, AFL -CIO APPRENTICESHIP PROGRAMS PROMOTING ECONOMIC DEVELOPMENT AND COMMUNITY WELL -BEING For the Government • High standard public works projects. • Lower costs due to apprentice wages (usually 40 % -50% of journey worker wages). • Leveled playing field in bidding process. • Programs serve diverse populations that include minorities, women, youth, persons with disabilities, and people who have been laid off. • Proven training model for quickly getting new employees up to speed and maximizing the skill of current workforce. • State approved apprenticeship programs guarantee a workforce consistently trained at the highest skill levels to ensure quality work. • Nationally, 31,000 sponsors, including: employers, associations, labor organizations and labor- management organizations who employ 480,000 apprentices. For the Employers (Contractors) • A skilled and highly productive workforce with a strong work ethic. • Invested employees capable of exercising independent judgment who subscribe to the highest standards of professional conduct and teamwork. • Employees well versed in company policy. • Better attendance. • Improved employee morale and reduced turnover. • Enhanced recruitment. • The demographics of the aging workforce and challenges of the 21 sc century addressed. • Eligibility to pay apprentice wages (usually 40 % -50% of journey worker wages). • Possible entitlements to tax credits. • Superior Health and Safety standards resulting in decreased Workers' Compensation costs. For the Construction Workforce Stable, proud employment with advancement opportunities. Life long learning and skill improvement valued. Motivation to be highly productive. Increased loyalty to industry and specific employers. Less chance of injury and the resulting financial hardship in supporting families. Information derived from US Dept. of Labor and NYS DOL RECEIVED AND FILED. NO. 92 P. SHEEDY, AGENT, USE 304 ABBY AKA 100 ABBY - MANUFACTURING BUILDING (SOUTH) (HRG. 6/20) REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 93 C. BUCKLEY,AGENT, USE 360 PENNSYLVANIA - OUTDOOR CAFE (NIAGARA) The attached is for Common Council Approval; but per Permits, no public hearing is required. REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 94 D. THURNHERR, AGENT, USE 41 LOUISIANA -AUTO SALES (INTERNET) (FILLMORE) The attached is for Common Council Approval; but per Permits, no public hearing is required. REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD AND CORPORATION COUNSEL. REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 95 NOTICES OF APPOINTMENTS - TEMP. /PROV. /PERM. (C. CLK.) ( #39,5/30) That the above item be and the same hereby is received and filed. ADOPTED NO. 96 NOTICES OF APPOINTMENTS - TEMP. /PROV. /PERM. (C. CLK.) ( #40,5/30) That the above item be and the same hereby is received and filed. ADOPTED FINANCE (BRIAN C. DAVIS, CHAIRMAN) NO. 97 APOLLO MEDIA EMPLOYEES - AGREEMENT WITH WELLNESS INSTITUTE (COMPT) ( #1,5/30) That the above item be and the same hereby is received and filed. ADOPTED NO. 98 L. GREAR -EST. OF E. LIDGE -DEED IN LIEU OF FORECLOSURE - 150 & 152 PRATT ST. (ASSESS) (#4,5/30) That the above item be and the same hereby is received and filed. ADOPTED NO. 99 J. PETERS -BFNC -USE OF MASTEN PLAYGROUND - SUMMER 2006 ( #54,5/2) That the above item be and the same hereby is received and filed. ADOPTED NO. 100 PURCHASE OF EMS VEHICLE (ITEM NO. 27, C.C.P., MAY 16, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Davis moved: That the Commissioner of Fire be, and he hereby is authorized to purchase a Suburban for the on -duty Emergency Medical Services Officer of the Buffalo Fire Department. Funds for this purchase are available in the Department of Fire's capital outlay EMS budget. That this item is approved contingent on the Fire Commissioner filing a statement with the Common Council that all fire vehicles are marked with a City symbol as required by the City Code Chapter 52. Passed. AYES -9. NOES -0. LEGISLATION (RICHARD A. FONTANA CHAIRMAN NO. 101 RENAMING THE NORTH BUFFALO COMMUNITY CENTER THE HON. ROBERT RYAN NORTH BUFFALO COMMUNITY CENTER (HRG. 6/13) CCP #127 -MAY 16,2006 That the above item be and the same is returned to the Common Council without recommendation. A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News for two consecutive weeks, a copy of which is attached hereto. On a motion by Mr. Bonifacio, seconded by Mr. Fontana, the item is properly before the Common Council and the hearing is opened. CARRIED. Appearances: In Favor: Mark Foley, Jean Ryan, Lynn Marinelli, D. Bonifacio, Jr. Opposed: Patricia Carroll — Petition attached. Mr. Bonifacio moved that the hearing be closed. Seconded by Mr. Fontana. CARRIED. Mr. Fontana moved: That the Common Council having previously accepted and approved the Notice of Intention to rename the North Buffalo Community Center and having had a public hearing thereon; the Common Council hereby approves renaming the North Buffalo Community Center for the Hon. Robert Ryan North Buffalo Community Center. Passed. AYES -9. NOES -0. NO. 102 P. MILLIGAN- PROMOTION OF RECYCLING PROGRAM (#46,5/30) That the above item be and the same hereby is received and filed. ADOPTED NO. 103 S. BUSCAGLIA, PETITION TO USE 445 DELAWARE AVENUE - EXTENSION OF OUTDOOR CAFE & RELATED CHANGES (ITEM NO. 50, C.C.P. MAY 30, 2006) That after the public hearing before the Committee on Legislation on June 6, 2006, the petition of S. Buscaglia, owner, for permission to use 445 Delaware Avenue for an extension of an existing outdoor cafe and also replacing the existing staircase in concrete at the entrance to the multiple dwelling be, and hereby is approved. Passed. AYES -9. NOES -0. NO. 104 K. CANGIANIELLO, PETITION TO USE 1652 ELMWOOD AVENUE - SIDEWALK CAFE (ITEM NO. 51, C.C.P., MAY 30,2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the petition of K. Cangianiello, for permission to use 1652 Elmwood Avenue to create an outdoor cafe to the front of an existing sit -in restaurant be, and hereby is approved. Passed. AYES -9. NOES -0. NO. 105 ORD. AMENDMENT - CHAPTER 96 BONDS & CONTRACTS (AMENDED) ( #130,5/16) ( #65,5/30) That the above item be and the same hereby is received and filed. ADOPTED. NO. 106 ORDINANCE AMENDMENT - CHAPTER 96 - BONDS AND CONTRACT (ITEM NO. 123, C.C.P., MAY 2, 2006) (ITEM NO. 66, C.C.P., MAY 30,2006) That the Ordinance Amendment as contained in Item No. 123, C.C.P., May 2, 2006, be and the same hereby is received and filed. ADOPTED. NO. 107 USED CAR DEALER - 227 PADEREWSKI (ITEM NO. 40, C.C.P., MAY 16, 2006) (ITEM NO. 89, C.C.P., MAY 30, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the above item be and the same hereby is recommitted to the Committee on Legislation. ADOPTED. NO. 108 D. BONIFACIO- BEMC'S REQ. TO ARRANGE MTG.- DISCUSS POSS. COLL.EFFORTS- SEQRA RELATED ACTIONS ( #56,5/16) That the above item be and the same hereby is received and filed. ADOPTED NO. 109 TIMON STREET TRAILBLAZER SIGNS "EDWARD CATO GAYLES II WAY" (ITEM NO. 116, C.C.P., MAY 2, 2006) That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to install trailblazing signs beneath the existing street signs on Timon and Best Streets proclaiming that portion as "Edward Cato Gayles II Way." PASSED AYES — 9 NOES - 0 NO. 110 GLENWOOD AVENUE TRAILBLAZER SIGNS "EDWARD CATO GAYLES IE WAY" (ITEM NO. 133, C.C.P., MAY 16, 2006) That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to install trailblazing signs beneath the existing street two (2) signs on the corner of Glenwood and Michigan Avenues and Glenwood Avenue and Main Street proclaiming those portions as "Edward Cato Gayles m Way." PASSED AYES - 9 NOES -0 NO. 111 HUMBOLDT TRAILBLAZER SIGNS "DR. KENNETH LEE GAYLES" (ITEM NO. 134, C.C.P., MAY 16, 2006) That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to install trailblazing signs beneath the existing street five (5) signs on the corner of Northampton & Humboldt; East Utica and Humboldt; Woeppel and Humboldt; East Ferry and Humboldt; and East Delavan and Humboldt proclaiming those portions as "Dr. Kenneth Lee Gayles." PASSED AYES - 9 NOES -0 NO. 112 HUMBOLDT TRAILBLAZER SIGNS "MRS. PAMELA ANN GAYLES JOHNSON' (ITEM NO. 135, C.C.P., MAY 16, 2006) That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to install trailblazing signs beneath the existing street five (5) signs on the corner of Main & Humboldt; Loring & Humboldt; East Delavan and Humboldt; Brunswick and Humboldt; and East Ferry and Humboldt proclaiming those portions as "Mrs. Pamela Ann Gayles Johnson." PASSED AYES - 9 NOES -0 COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRMAN) NO. 113 SEQR LEAD AGENCY DESIGNATION - HYDRO AIR COMPONENTS, INC. PROJECT (ITEM NO. 58, C.C.P., MAY 16, 2006) (ITEM NO. 102, C.C.P., MAY 30, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That pursuant to the New York State Environmental Quality Review Act (SEAR) Part 617 6NYCRR, the Erie County Industrial Development Agency is authorized to accept the designation of Lead Agency Status for the Hydro Air Components, Inc. Project. PASSED AYES - 9 NOES -0 NO. 114 C. COLLAR & 0- OPPOSE -PROP. FOR CONST. OF HIGH RISE BLDG. -GATES CIRCLE ( #76,5/16) That the above item be and the same hereby is received and filed. ADOPTED NO. 115 K. JOHNSON - VILLAGE OFKENMORE SEQR- SOLICITATION FOR LEAD AGENCY DESIGNATION - UNLISTED ACTION (#47,5/2) That the above item be and the same hereby is received and filed. ADOPTED SPECIAL COMMITTEES WATERFRONT DEVELOPMENT MICHAEL P. KEARNS NO. 116 P. HINCHY -OUTER HARBOR DEV. PLAN (STRAT. PLAN.) ( #10,3/21) ( #106,5/2) That the above item be and the same hereby is received and filed. ADOPTED NO. 117 NEW YORK POWER AUTHORITY (ITEM NO. 28, C.C.P., MAY 30, 2006) That the Mayor be, and he hereby is authorized to execute the "Erie County /City of Buffalo Relicensing Settlement Agreement' on behalf of the City of Buffalo. PASSED AYES - 9 NOES -0 NO. 118 M. KEARNS -R. BINKO- PRESENTATION ON SENECA NATION OF INDIANS COMPACT ( #100,5/30) That the above item be and the same hereby is received and filed. ADOPTED RESOLUTIONS NO. 119 BY: MR. DAVIS TRANSFER OF FUNDS COMMON COUNCIL - LEGISLATIVE That pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $19,000 be and the same is hereby transferred within Common Council Legislative and said sum is hereby reappropriated as set forth below: From: Legislative - Personal Services 10105001 - 411001 Salary $19,000 To: Common Council Legislative 10102001 - 412002 Hourly Salary $4,600 10102006 - 432004 Engineering & Technical $14,600 PASSED AYES - 9 NOES -0 NO. 120 BY: MR. DAVIS TRANSFER OF FUNDS MAYOR & EXECUTIVE - ASSESSMENT That pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $48,273 be and the same is hereby transferred and reappropriated as set forth below: From: 10311001-411001 Salary $26,000 10318001-411001 Salary $23,273 To: 10314001-411001 Salary $26,293 1 031 4001- 41 3001 Overtime $1,600 1 0647001- 41 2002 Hourly $16,480 1 0647001 - 41 3001 Overtime $6,000 PASSED AYES - 9 NOES -0 NO. 121 BY: MR. FONTANA RE: STRENGTHEN CITY OF BUFFALO SEX OFFENDER ORDINANCE Whereas: Presently, the City of Buffalo has an Ordinance restricting the residency of registered sex offenders from residing or living near areas where children regularly meet and congregate; and Whereas: The ordinance was approved as a measure to protect the best interests of all children and protect the health, safety and welfare of residents. Violation of the ordinance may result in a fine and /or imprisonment for the registered sex offender; and Whereas: The current law pertains to registered sex offenders over the age of 18, convicted of a sexual offense upon an individual age 16 or under. It prohibits the registered sex offender from residing with in 1,500 feet of the property of any school, park, playground, or day -care center, unless the residence is a supervised release program or the offender had established residents before the passage of the city ordinance; and Whereas: This law, while it covers the intent of the City of Buffalo lawmakers, with a few additions could offer more clarity for enforcement purposes; and Whereas: Specifically, definitions of the places children regularly meet, i.e.: schools, parks, playgrounds, and day -care centers, and defining the measuring points would eliminate any confusion and vagueness when a property and /or property line is not clearly defined; and Whereas: Notice of the residency restrictions policy should be readily available for registered sex offenders before they establish residency in the City of Buffalo, and a clear enforcement component; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo does hereby request that a copy of this resolution be sent to the Buffalo Police Department, the Corporation Counsel Department, The Erie County Probation Office and New York State Parole Office for their comments and suggestions; and Now, Therefore, Be It Further Resolved: That this resolution be referred to the appropriate Council Committee for further review by its' Members. ADOPT 1 ST RESOLVE THE REMAINDER REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 122 BY: MR.FRANCZYK RE: ALTERNATIVE SCHOOL AT 998 BROADWAY WHEREAS: Buffalo School officials are reportedly proposing to locate an Alternative High School for 500 students to 998 Broadway, after its initial temporary location at the now closed Lincoln Academy site on Broadway; and, WHEREAS: To date, no information has been provided to the Common Council by the School Board or the Buffalo Teacher's Federation regarding the proposed 998 Broadway Alternative School proposal; and, WHEREAS: The Broadway -Fill more community, traditionally a business and retail district, needs to assess the potential pros and cons of this Alternative School to determine the overall impact; and, WHEREAS: A well- monitored, well- supervised program in the vacant K -Mart building at 998 Broadway could bring a synergy of school employees and others to the area, thereby benefiting the Broadway Market across the street and other business, particularly if modeled on a successful alternative school in California; and, WHEREAS: On the other hand, property and business owners have queried whether or not unsupervised alternative high school students leaving the 998 Broadway site would result in an upturn in crime rates; NOWTHERFORE BE IT RESOLVED: That the Buffalo School Board, the Buffalo School Superintendent, the Buffalo Teachers Federation and ResulTech Corporation of Frederick, Maryland, provide information to the Common Council regarding plans for an Alternative High School and its management at 998 Broadway; and, BE IT FURTHER RESOLVED: That the above mentioned parties appear before the Common Council's Education Committee in regards to the proposed Alternative School at 998 Broadway. ADOPT 1 ST RESOLVE THE REMAINDER REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION AND THE BOARD OF EDUCATION NO. 123 BY: MR. FRANCZYK RE: BAN LARGE STEREO SYSTEMS IN MOTOR VEHICLES WHEREAS: An increasing number of motorists in Buffalo and elsewhere are installing large speaker stereo sound systems in their motor vehicle in order to broadcast extremely loud music up and down city streets in violation of the city noise ordinance; and, WHEREAS: These sound systems are not factory installed but are installed by vehicle owners, with large stereo speakers placed in trunks and the backs of cars, trucks and SUVs; and, WHEREAS: The exceedingly loud noise emanating from these stereo systems greatly disturbs people throughout the city at all hours of the day and night; and, WHEREAS: The projectors of this form of audio "rolling thunder" seem to have gone beyond a simple enjoyment of music in a responsible manner, but appear to revel in an aggressive form of anti - social and illegal behavior by broadcasting noise at such an extreme level; and, WHEREAS: Some of these vehicle owners have even gone so far as opening the rear hatch -back doors of their SUVs, with the stereos in full view and turned on at full blast as they cruise up and down city streets; and, WHEREAS: In many cases, the sounds are not even heard as music, but are loud, booming, window shaking electronic base rumbling emanations; and, WHEREAS: It is more difficult to issue a summons to these individuals, as the noise is moving throughout all sections of the city in a motor vehicle, as opposed to a property which is stationary and can be more easily targeted for noise violations; and, WHEREAS: The creation of this unnecessary noise greatly deteriorates the quality of life in the city, adding one more disturbing burden to people grappling with a myriad of problems in the city; NOW THEREFORE BE IT RESOLVED: That the Law Department be directed to research and draft an ordinance amendment banning the installation and use of vehicle non - factory originated large stereo sound systems, or any large stereo system, in private motor vehicles in the City of Buffalo, with possible exceptions of professional vehicles or businesses holding a city music license for sanctioned public entertainment events, which may be permitted to have such systems installed in their vehicles; and, BE IT FINALLY RESOLVED: That the Buffalo Police Department continue its summons' blitz against these vehicle owners, as well as set up check points at various city locations in order to pull over all motor vehicles violating the noise ordinance, or any other traffic or motor vehicle related ordinance n the City of Buffalo. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL AND THE COMMISSIONER OF POLICE NO. 124 BY MR. FRANCZYK RE: TAX CREDITS FOR HISTORIC PRESERVATION WHEREAS: The City of Buffalo Historic Tax Credit Act is currently before the New York State Legislature; and. WHEREAS: The bill, co- sponsored by Assemblyman Sam Hoyt and Senator Dale Volker, would provide New York State tax credits as economic incentives to rehabilitate and preserve historic buildings in Buffalo; and, WHEREAS: Buffalo has a plethora of important buildings on the National, State or Local historic registry, but costs to developers are often too high to rehabilitate these structures; and, WHEREAS: The state preservation tax credit bill provides up to 30 percent of rehabilitation costs to be reimbursed in the form of tax credit, or refund, and up to 50 percent credit for historic commercial structures when combined with federal historic tax credits; and, WHEREAS: The use of state preservation tax credits would be a tremendous incentive for developers to rehabilitate historic buildings, as well as a powerful tool to help protect and preserve Buffalo's rich architectural heritage; NOW THEREFORE BE IT RESOLVED: That the Buffalo Common Council supports the approval of the City of Buffalo Historic Tax Credit Act in the New York State Legislature. ADOPTED NO. 126 BY: MESSERS FRANCZYK, GOLOMBEK & KEARNS RE: ASSESS ASBESTOS RISK AT H -O OATS WHEREAS: The demolition of the H -0 Oats grain silos by the Seneca Nation of Indians for its casino development project has raised serious concerns about possible dust containing asbestos which has blown onto various properties in the proximity of the silo razing, including the Perry Projects, Elk Street Apartments and other homes and business; and, WHEREAS: Agents from the United States Environmental Protection Agency witnessed some of the silo dust escape into the neighborhood; and, WHEREAS: Seneca records reveal that the silver coating encasing the silos contain up to 14 percent asbestos; and, WHEREAS: Citizens have stated in published reports that their homes, cars and properties have been covered with the demolition dust; and, WHEREAS: The protection of the peoples' health, safety and welfare is the first and foremost concern of the Common Council; NOWTHERE BE IT RESOLVED: That the Common Council request a full report from the U.S. Environmental Protection Agency (EPA) on all environmental issues, problems or relevant information pertaining to the H -O Oats demolition, including whether the asbestos at the site is "friable," or potentially dangerous to human beings when released as fibers into the air; and, BE IT FURTHER RESOLVED: Although the E.P.A. as a federal agency may be the only governmental entity with jurisdiction over environmental aspects of the Seneca Nation casino project, the Common Council requests that all other germane environmental regulatory agencies, including the New York State Department of Environmental Conservation, (DEC) the Erie County Health Department, and the City of Buffalo's Environmental Management Commission investigate and report the ramifications to human health by the H -O Oats demolition; and, BE IT FURTHER RESOLVED: That even though it has no jurisdiction, the City of Buffalo Inspections Department report on whether the demolition of H -O Oats followed procedures or mandates required by the city for demolitions it does have jurisdiction over; and, BE IT FURTHER RESOLVED: That the Seneca Nation of Indians regularly share with the City of Buffalo reports from its contractor, Watts Engineering, on the casino project, or any other relevant information as it pertains to demolition or construction on the site; and, BE IT FURTHER RESOLVED: That all work on the casino as it relates to demolition be halted until the EPA deems it safe for people in the surrounding community; and, BE IT FINALLY RESOLVED: That all responses by filed with the City Clerk for appropriate action by the Buffalo Common Council. ADOPT 1 AND 2 "D RESOLVE THE REMAINDER REFERRED TO THE COMMITTEE ON LEGISLATION NO. 126 BY: MR. GOLOMBEK RE: REQUESTING THE SENECA NATION OF INDIANS TO COMPLETE A FULL ENVIRONMENTAL ASSESSMENT FORM PART 1 FOR THE PROPOSED BUFFALO CREEK CASINO Whereas: The Seneca Nation has requested an Air Rights easement over Fulton Street or in the alternative the abandonment of Fulton Street to the Seneca Nation of Indians as part of the proposed Buffalo Creek Casino; and Whereas: In an April 12, 2006 letter to Council President David A. Franczyk, Barry E. Snyder, Sr. Chairman of the Seneca Erie Gaming Board stated "If neither option is granted by the Council, our design options will be severely limited "; and Whereas: The New York State Environmental Quality Review Act requires all state and local government agencies to consider environmental impacts when making discretionary decisions such as the granting of an easement or the abandoning of a street; and Whereas: In order to properly consider the request made by the Seneca Nation of Indians, a full Environmental Assessment Form (EAF) Part 1 must be completed by the Seneca Nation and forwarded to the Buffalo Common Council for review; and Whereas: A full Environmental Assessment Form was completed as part of the Niagara Falls Casino project and the State Environmental Quality Review Act requires the same action for the proposed Buffalo Creek Casino; and Now Therefore Be It Resolved That the Buffalo Common Council in order to properly consider the request of the Seneca Nation regarding Fulton Street and in an effort to comply with the requirements of the State Environmental Quality Review Act, requests the Seneca Nation to complete a full Environmental Assessment Form Part 1 for the proposed Buffalo Creek Casino. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, AND THE CORPORATION COUNSEL AND THE COMMISSIONER OF ECONOMIC DEVELOPMENT, PERMITS AND INSPECTIONS NO. 127 SPONSOR: MR. KEARNS NEW YORK STATE DNA DATABANK Whereas: Approximately 14% of the criminals convicted in New York State each year committed a designated offense that requires their DNA fingerprints to be placed in a DNA Databank. However 43 other states and the Federal government require a DNA sample from all convicted felons; and Whereas: A recent Department of Criminal Justice Services (DCJS) study showed that offenders linked to crimes through "cold hits" had an average of 11 arrests and 5 convictions prior to their DNA qualifying conviction; and Whereas: There are 17,748 forensic crime scene samples in the DNA Databank as of June 1, 2006 which represents thousands of crime victims waiting each day for their attackers to be convicted for a designated offense; and Whereas: A study by DCJS showed that 83% of offenders linked to sexual assault cases were listed in the DNA Databank for a crime other than a sex related offense; and Whereas: The 2006 -07 New York State budget approved by the Legislature includes $20 million in additional funding to support additional capacity for DNA processing at the State Police laboratory, as well as expanded casework capacity at the State's seven local laboratories; and Whereas: "All- Crimes DNA legislation" has overwhelming bipartisan support across New York State with its supporters including Governor Pataki, the New York State Senate which passed the Governor's proposal in February 2006 with a vote of 60 -1, the Law Enforcement Council which includes Attorney General Elliot Spitzer, the District Attorney's Association, NYS Chiefs of Police and NYS Sheriffs, and numerous crime victims and crime victim advocates; and Now, Therefore, Be It Resolved: That the City of Buffalo formally memorialize and state its unequivocal support for the expansion of DNA fingerprint banking in New York State to include all persons convicted of a crime. Now, Therefore, Be It Finally Resolved: That a certified copy of this resolution be sent to the New York State Assembly's Code Committee chaired by Assemblyman ADOPTED NO. 128 SPONSOR: MRS. RUSSELL CO- SPONSOR: MR. DAVIS, MR. FONTANA, MR. KEARNS, MR. LOCURTO, MR. THOMPSON RE: AMENDING THE CITY CHARTER AND THE COUNCIL RULES TO MAKE THE PRESIDENT PRO TEMPORE APPOINTED BY THE COUNCIL PRESIDENT INSTEAD OF BEING ELECTED BY COUNCILMEMBERS Whereas: Under the current Council Rules, Councilmembers every two years as a body elect individuals to leadership positions such as the Council President, Majority Leader, and President Pro Tempore; and Whereas: The only duties of the President Pro Tempore specified in the City Charter are to act during the temporary absence of the Council President; and Whereas: Given its limited duties, the President Pro Tempore position should be appointed by the Council President and not elected by Councilmembers; and Whereas: The City Charter provides the Council President the power to appoint Committee Chairs and the Council President should have the power to appoint the President Pro Tempore to act in his or her absence when necessary. Now Therefore Be It Resolved That the Common Council supports amending the City Charter and the Council Rules to provide the Council President the power to appoint the President Pro Tempore. Be It Further Resolved That the Law Department is directed to draft an amendment to the City Charter providing the Council President the authority to appoint the President Pro Tempore effective January 1, 2008. Be It Finally Resolved That this item is referred to an appropriate Committee of the Council for further consideration. REFERRED TO THE COMMITTEE ON RULES AND THE CORPORATION COUNSEL NO. 129 BY: MRS. RUSSELL REQ REAL ESTATE TO ENTER INTO LEASE WMEST MINISTER COMMUNITY CHARTER SCHOOL Whereas: The Buffalo and Erie County Public Library has made a budgetary decision to close the Kensington Branch Library located at 22 Westminster Avenue, andWhereas: This closure has deprived the residents of that neighborhood of badly needed library services, and Whereas: Particularly impacted by the closing decision have been students attending Westminster Community Charter School, located at 24 Westminster, next door to the closed library, and Whereas: The administration of the Board of Trustees of Westminster Community Charter School have offered to re- open the Kensington Branch Library as a resource for students of the school, and Whereas: The administration and Board of Trustees of Westminster Community Charter School have also offered to construct an enclosed walkway between the library and the school in order to facilitate use of the library by students during periods of inclement weather, and Whereas: The administration and Board of Trustees of Westminster Community Charter School have expressed an interest in leasing the Kensington Branch Library from the City of Buffalo and have pledged to maintain the property as a public library, Now, Therefore, Be It Resolved: That the Division of Real Estate be authorized to enter into a lease for $1.00 per year with the Westminster Community Charter School for city -owned property located at 22 Westminster Avenue for use as a public library for the school, and Be It Further Resolved: That the City of Buffalo Corporation Counsel and the Department of Real Estate assist in the preparation of the lease and that it include a provision stating that in the event that Westminster Community Charter School ceases to continue operation at the property at 22 Westminster Avenue as a public library, that the lease shall be terminated and the property, including all improvements made by Westminster Community Charter School, shall revert to the City of Buffalo. PASSED AYES - 9 NOES -0 NO. 130 BY: COUNCILMEMBER RUSSELL CONTRACT BAILEY DISTRICT MANAGEMENT ASSN WHEREAS, the Common Council of the City of Buffalo (the "Common Council ") approved the establishment of the Bailey /Amherst Business Improvement District and the annual levy and provision of services in accordance with the District Plan in Item No. 173, CCP, January, 2000. WHEREAS, the contract between the City of Buffalo and the Bailey Amherst Improvement District expired in 2005. WHEREAS, in order to continue to implement the District Plan for the Bailey Amherst Business Improvement District it is necessary to enter into a new Agreement with the Bailey Amherst District Management Association. WHEREAS, the Contract will provide for the operating procedures, District financing, method of assessment, and a scope of services setting forth the responsibilities of the District Management Association. NOW THEREFORE BE IT RESOLVED: That the Executive Director of the Office of Strategic Planning be authorized to enter into a contract with the Bailey District Management Association for the period of January 1, 2006 through December 31, 2007. BE IT FURTHER RESOLVED: That the agreement shall be in the form and content as set forth in the attached Agreement. ADOPTED NO. 131 BY: 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: Alfred Wright Steven Cahoon Total: 2 ADOPTED NO. 132 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, June 20, 2006 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, June 20, 2006 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, June 20, 2006 at 1:00 o'clock P.M Committee on Legislation Tuesday, June 20, 2006 at 2:00 o'clock P.M. Special Committees Education Committee in the Council Chambers. Wednesday, June 21, 2006 at 2:00 o'clock P.M. (Public Disclaimer All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware: therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware.