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Home My WebLink About06-0627No.13 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO June 27, 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 AGENDA INVOCATION - PLEDGE TO FLAG MAYOR 1. Appt.- Member - Buffalo Water MAYOR - EXECUTIVE 2- 3- 4- 5- 6- 7- 8- 9- 10- 11- 12- 13- 14- R&F 15- 16- 17- 18- 19- 20- 21- 22- 23- 24- IA. Plan Bd.- Waterfront Urban Renewal Plan -Addl. Site Designation (Hrg. 7/25) 2. Strat. Plan -Appr. Contract for Sale of Improved Properties -1106 Genesee, 836 Sycamore & 182 Wilson to run Buffalo, Inc. R &F 3. do - Bailey Amherst Improvement District Agreement 4. do - Hydro -Air 4A do -Lease 106 Westminister Former Kensington Library (Univ) 5. do - Refuge Temple of Christ -West Side -Req. to Use City Owned Lot -341 Fourteenth (Niag) APP 6. do -Req. for Appr.- Accept Title of Vacant Parcel -1075 Sycamore Ave (Fill) 7. do -do -306 Sweet Ave. (Fill) 8. do -Req. to Apply for Funding from Fed. Highway Adm's Transportation Enhancements - Program for Theatre Dist. Streetscape Enhancements 9. do -Req. to Serve as Sponsor for Bflo. Bicycling Heritage Comm's App. For Grant Fndng. - through Fed. Highway Adm's Transportations Enhancements Program COMPTROLLER 10. Capital Debt Service Fund Deposits- 2006/2007 Fiscal Year 11. Notification of City Ordinances for Home Owners & Residents PUBLIC WORKS, PARKS & STREETS 12. Notif. Serial #10122 -24 (Ell) (Waive 45 days) 13. Application for State Assistance- Municipal Recycling Project R &F 14. Bids -Roof Reconst.- Mechanical Services Bldg. -Job #0631 (South) APP 15. Change in Contract -N. Jefferson Library Const. -Job #0324 ($212,993.00)(Masten) APP 16. do -do -do ($558,454.54) (Masten) APP 16A Court Street Lighting Project Trans of Ownership Conducter Wires (Ell) APP 17. Planters Within City ROW - 142 Colgate Avenue (South) APP 18. Resolution Authorizing Acq. Of ROW -NYS Em. Dom. Procedure Law - Babcock St. Bridge APP POLICE 19. Ban Large Stereo Systems in Motor Vehicles R &F 20. Strengthen COB'S Sex Offender Ordinance LEG FIRE 31- 20A. Inter - municipal Agreement w /Elma for Emerg. Services to Haz. Materials Incidents APP ECONOMIC DEVELOPMENT & PERMITS /INSPECTIONS 25- 21. Food Store License -819 Genesee (Ell) APP 26- 21A Identification of Business Entities LEG 27- 21B Food Store License 2751 Bailey (Univ) APP 28- 22. Restaurant Dance License (Renewal) -694 S. Ogden (Lovejoy) APP 29- 23. Appt. -Supv. Of Slum & Blight (Inter) CS ADMINISTRATION, FINANCE & URBAN AFFAIRS 30- 24. Appt. - Teller (Inter#3) CS 31- 25. do - Teller (Inter#4) CS CITY CLERK 32- 26. Notification of City Ordinances LEG 33- 27. Liquor License Applications R &F 34- 28. Leaves of Absence R &F 35- 29. Reports of Attendance R &F 36- 30. Notices of Appointments - Council Interns ADOPT 37- 31. Notices of Appointments - Mayor's Program R &F 38- 32. Notices of Appointments - Seasonal R &F 39- 33. Notices of Appointments - Temp. /Prow. /Perm. CS MISCELLANEOUS 40- 34. R. Brown - Friends to the Elderly- Info. - Current Lease Req. -118 E. Utica St. FIN 41- 35. M. Conway- Hydro -Air Components -ECIDA -Type 1 Negative Declaration -Abby St. R &F 42- 36. B. Davis -M. Mix - Waterfront Village Access Road LEG, PW, POL, MAYOR'S OFFICE 43- 37. do -J. Rayburg -Coe Place FIN 44- 38. do -West Village Renaisssance Group Garden Walk Cultural Expo ADOPT 45- 39. R. Fontana - Appts.- Bicycle /Pedestrian Advisory Board APP 46- 40. do - Appt.- Bike /Pedestrian Advisory Board Appointee- S.Truesdale- Disability Advisory R &F 47- 40A M. Gainer -Bflo. Youth Corps. -Req. Sponsorship for 10 Youth - Summer Job Training Program FIN 48- 40B B. Higgins -Req for Flood Insurance Rate Map Changes at Bflo NY WATERFRONT 49- 41. M. Holtz- Cheektowaga -Amend Zoning Law LEG 50- 42. L. Kelly -Req. Demo -71 & 73 Louisiana LEG, EDPI PETITIONS 51- 43. S. Vasile, Agent, Use 1028 Elmwood- Outdoor Patio (North) (Hrg. 7/5) LEG, CC, PLAN BD 52- 44. J. Lyons, Agent, Use 1318 Hertel- Outdoor Patio /Caf6 (Del) (Hrg. 7/5) LEG, CD APP APP APP APP APP R &F R &F R &F ** *Final * ** * *JUNE 27.2006*** CC, PLAN BD 53- 45. J. Liu, Owner, Use 623 Auburn & Combine 623 & 619 Auburn - Restaurant (Del) (Hrg. 7/5) LEG, CC, PLAN BD 54- 46. D. Proudman, Agent, Use 346 Hopkins -Auto Repair Shop w/ Used Car Sales (South) (No Pub Hrg. Req) LEG, CC, PLAN BD 55- 47. R. Kreuzer, Agent, Use 2677 Delaware -Pole Sign (Del) (No Pub. Hrg. Req.) LEG, CC, PLAN BD 56- 48. D. Napora & O- Oppose High Rise Bldg. Project -Park Lane Restaurant Site CD 57- 49. R. Cunningham & O -Req. Denial of Belmont Shelter Corp. to Demolish 19 Coe Place (Ell) FIN 58- 50. do -Req. COB Retain Properties -17,23 & 29 Coe Place (Ell) FIN RESOLUTIONS 102 -50A Bonifacio Require City License to Offer Check Cashing Services LEG,CC,EDPI 103 -50B do Authorize the Filing of an Application for A State Grant in Aid/Municipal Waste Reduction/Recycling Project APP 104 -50C do Transportation Enhancement Program Museums Grant APP 105 -50D do do Grant APP 106 -51. Davis Ord. Amend.- Chapter 372 - Bouncer Law LEG, EDPI, POL, CLERK 107 -52. Fontana Waive Disposal Fees - Habitat for Humanity of Bflo. -S. Ogden Transfer Station ADOPT 108 -53. Franczyk Req. for Appr. -LDA- Transfer 1106 Genesee, 836 Sycamore & 182 Wilson Sts. To Revitalizing Urban Neighborhoods, Inc. (Run Buffalo Inc.) (Hrg. 7/11) CD 109 -54. do Set Pub. Hrg. Appr. Contract -Sale /Transfer from City to BURA to Run Bflo, Inc. ADOPT 110 -55. Golombek Ord. Amend.- Chapter 437 - Taxicabs & Liveries LEG 111 -55A do Appt Legislative Assistant (North) ADOPT 112 -56. Kearns Local Law Intro #13 (2006)- Empire Zones LEG 113 -57. do Local Law Intro #14 (2006)- Vacancies in the Common Council LEG,CC 114 -58. LoCurto Waive Block Party Permits for National Night Out ADOPT 115 -59. Russell Budget /Personnel Amendment -MIS APP 116 -60. Thompson Felicitations /In Memoriums ADOPT 117 -61. do Commissioner of Deeds ADOPT 118 -62. do do ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETING CIVIL SERVICE 59- 1. Com 46 June 13 Appt. -Asst. Engineer (Inter) (PW) APP 60- 2. Com 50 June 13 Appt.- Detective Sergeant (Cont. Perm.) (Max) (Pol) R &F 61- 3. Com 51 June 13 Appt.- Detective Sergeant (Perm) (Max) (Pol) R &F 62- 4. Com 57 June 13 Appt.- Senior Typist (Inter) (Fire) APP 63- 5. Com 65 June 13 Appt. - Secretary to Commissioner (Max) (Com. Serv.) R &F 64- 6. Com 66 June 13 Contract for Entrance -Level Police Officer Exam (HR) APP 65- 7. Com 75 June 13 Notices of Appt.- Temp. /Prow. /Perm. (C. Clk.) R &F 66- 8. Com 42 May 2 M. D'Amico- Info.- Overpayment of Pension Benefits R &F FINANCE 67- 9. Com 13 June 13 Renew Lease Agree. -Lamar Outdoor Advertising for Use of Var. City Owned Properties-(Ell, Fill, Lovejoy, Masten) ( Strat. Plan.) APP 68- 10. Com 28 June 13 User Fees Arrears -278 Brinkman (Assessment /Tax) R &F 69- 11. Com 39 June 13 K. Gioulekas -Water Service -246 Genesee St. (PW) R &F 70- 12. Com 63 June 13 Vacating Facilities- Engine #24 & Engine #33 (ECPI) R &F 71- 13. No 52 May 30 B. Davis Petitions for LaSalle Pool and Father Belle Center R &F 72- 14. No 48 May 30 P. Wolf -Req Info -EC Comptroller - Vulcan St. Project & Erie Co. Snow Removal Aid R &F 73- 15. Com 12 May 16 Apollo Media Center (PW) R &F 74- 16. No 43 May 30 K. Gioulekas -Water Service -246 Genesee St DENY 75- 17. Com 25 May 30 User Fee Arrears -278 Brinkman(PW) RECOMMIT 76- 18. Com 17 Jan 24 Create Trust & Agency Account (Compt.) R &F 77- 19. Com 26 May 2 Req. Info. -COPS (Pol) R &F 78- 20. Com 26 May 30 Vacating Engine 24 Facility -108 Leroy & Engine 33 Facility -273 Kehr St (Fire) R &F LEGISLATION 79- 21. No 92 June 13 P. Sheedy, Agt., Use 304 Abby aka 100 Abby -Mfg. Bldg. (Hrg. 6/20) (So) APP 80- 22. No 93 June 13 C. Buckley, Agt., Use 350 Pennsylvania- Outdoor Cafe (Niag.)(No Pub Hrg. Req.) APP 81- 23. No 94 June 13 D. Thurnherr, Agt., Use 41 Louisiana -Auto Sales (Internet) (Fill) (No Pub Hrg. Req.) APP 82- 24. Com 61 June 13 Second Hand Dealer -868 Tonawanda (North) (ECPI) APP 83- 25. Com 62 June 13 Used Car Dealer -771 Military (North) (ECPI) RECOMMIT 84- 26. Res 125 June 13 Assess Asbestos Risk at H -O Oats (Exc. 1" & 2 ° Res.) CD 85- 27. No 90 June 13 US Bankruptcy Court- Adelphia Comm. Corp. R &F 86- 28. Res 103 Nov 15 Cite Gas Stations & Food Stores for Noise Violations ADOPT 87- 29. Com 31 May 16 Food Store License -529 Fillmore Ave. ( Fillmore) DENY 88- 30. Com 39 Apr 4 Food Store License -729 Sycamore (Fill) DENY 89- 31. Com 29 May 30 Used Car Dealer -461 Tonawanda(North)(EDPI) RECOMMIT 90- 32. No 42 May 30 C. Elliott-Req Demo -209 Mackinaw St RECOMMIT 91- 33. No 45 May 30 J. Karek- Info -209 Mackinaw St. R &F 92- 34. No 64 May 16 M. Eustace -Req. Demo. -209 Mackinaw St. R &F COMMUNITY DEVELOPMENT 93- 35. Com 9 June 13 Perm. Accept Title -Port. 01725 Fourth St. -SEQR Neg. Decl. (Ell) APP 94- 36. No 85 June 13 M. Kearns -Req. to Det. Whether Actions of BMHA Comm/ Staff Constitutes Criminal Activity That Should Be Prosecuted FIN 95- 37. No 61 Apr 4 B. Snyder- Funding Req. - Const. Of Public ROW Improv. & Req. For Air Rights Over Fulton St. or Abandonment of Fulton St. to Seneca Nation of Indians R &F 96- 38. Com 27 Apr 18 B. Snyder- Seneca Bflo. Casino -Req. for Abandonment of Fulton Street to Seneca Nation of Indians or for Air Rights over Fulton St. (Council President) R &F 97- 39. No 101 May 2 Results of Negotiations -373 Carlton (Ell) (Strat. Plan.)( #8,4/18) DENY SPECIAL COMMITTEES EDUCATION 98- 40. Com 46 May 16 M. Kearns -J. Ellicott- Concerns - Neighborhood Schools (Bd. Ed.) R &F 99- 41. No 50 May 2 M. Kearns -J. Ellicott- Concerns - Neighborhood Schools R &F 100- 42. Res 119 May 30 Req to Create an Addl Olmsted High School (Exc 1" Res) R &F 101- 43. Com 68 June 13 Req. to Create An Olmsted High School (Bd. Ed.) R &F COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, JUNE 27, 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 June 13, 2006 were approved. FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD No. 1 Appointment of Member to the Buffalo Water Board Pursuant to the authority granted me by Section 1048 -F of the title Two -B Article Five of the Public Authority law. I hereby appoint the following individual, subject to confirmation by Your Honorable Body Donna Estrich 31 Ashland Avenue Buffalo New York 14222 Donna Estrich is currently the Commissioner of Administration, Finance & Urban Affairs for the City of Buffalo. Prior to this appointment Ms. Estrich held the position of Principal Management Analyst in the Budget Office .Ms. Estrich is a resident of the City of Buffalo, who is a graduate of Penfield High School and Buffalo State College. She will fill the seat on the Water Board that was vacated by James B. Milroy. Her term will commence immediate and expire on December 31, 2006.1 hereby certify that the above named individual is fully qualified to serve as a member of the Buffalo Water Board. Mr. Bonifacio moved: That the above communication from the Mayor dated June 19, 2006, be received and filed; and That the appointment of Donna Estrich, residing at 31 Ashland Avenue as a member of the Buffalo Water Board for a term commencing immediately and expiring December 31, 2006, be and it hereby is approved. Passed AYES — 8 NOES — 0 NO. 2 Waterfront Urban Renewal Plan Additional Site Designation The City Planning Board at its regular meeting held Tuesday, June 20,2006, considered the matter captioned above pursuant to Section 502 and 504 of General Municipal Law, Urban Renewal Plan. The Office of Strategic Planning proposes to extend and expand the boundaries of the Waterfront Urban Renewal Plan area to establish a long term, comprehensive renewal program to guide redevelopment activities likely to result from the construction of the Buffalo Inner Harbor Development Project and the proposed Seneca Creek Casino. The proposed expanded urban renewal area boundaries consist of the two areas, as generally described as follows: Area I - Block bounded by Marine Drive Area II - Bounded by Exchange Street, Michigan Avenue, the Buffalo River, Main Street, South Park Avenue, Columbia Street, Perry Street and Washington Street. The City Planning Board after conducting a Public Hearing on the matter voted to give their Unqualified Approval of the Waterfront Urban Renewal Plan additional site designation as noted above and referenced on the attached maps. The City Planning Board respectively requests that the Common Council conduct a public hearing on July 25, 2006 and approve the additional site designation after such hearing. The Planning Board is also enclosing a sample public hearing advertisement which should be places at least (10) ten days prior to the Public Hearing date. REFERRED TO THE COMMITTTEE ON COMMUNITY DEVELOPMENT NO. 3 APPROVAL OF CONTRACT FOR SALE OF - IMPROVED PROPERTIES 1106 GENESEE, 836 SYCAMORE & 182 WILSON TO RUN BUFFALO, INC. The City of Buffalo Urban Renewal Agency duly designated RUN BUFFALO, INC. and /or joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject parcels. The Agency has also determined that the proposed Land Disposition Agreement negotiated by the Agency and the Redeveloper is satisfactory. Please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary for your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded separately are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Land Disposition Agreement and Transfer of Parcels from the City of Buffalo to BURA to RUN Buffalo, Inc. After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. NO.4 Bailey Amherst Improvement District Agreement RECEIVED AND FILED Your Honorable Body has requested information regarding the resolution pertaining to the Bailey Amherst Improvement District. I have reviewed the Resolution as well as the proposed Agreement with the Bailey Amherst District Management Association. Based upon the Resolution, an agreement will be entered into with the Bailey Amherst District Association in the form and content as attached in the approved resolution. The Agreement will be for the period of one year .Upon execution by both parties, a copy will be provided to your Honorable Body. Mr. Bonifacio moved: That the above communication from the Executive Director of the Office of Strategic Planning dated June 21, 2006, be received and filed; and That the Executive Director of the Office of Strategic Planning be, and he hereby is authorized to enter into an Agreement with the Bailey Amherst District Management Association for the period of July 1, 2006 through June 30, 2007. Passed AYES — 8 NOES — 0 NO. 5 Hydro -Air Hydro -Air Components, Inc. is an industry leader in the HVAC global market. Based upon the need to expand the size of its manufacturing facility, the company proposes to relocate to a brownfield in the City of Buffalo. The company intends to purchase over 3 0 acres of former steel manufacturing property for the purpose of constructing a 152,700 square foot manufacturing facility. The former Republic Steel site will be remediated under the supervision of the New York State Department of Environmental Conservation pursuant to the Brownfield Cleanup Program. The project is anticipated to retain 165 jobs and create an additional 135 jobs within the next two years. Total project costs are anticipated at over $10,000,000. The Project Developer has requested your approval of PILOT Increment Financing (PIF) to assist in building 1100 linear of feet of road extending Abby Street. A street which when completed will be owned by the City and become a public right of way. Pursuant to the proposed PIF, the City would receive, at a minimum, the amounts it would have received pursuant to a Standard ECIDA PILOT. The Certified Empire Zone entity will pay full taxes (approximately $ 224,000 /year) to ECIDA. ECIDA would allocate these taxes to the taxing jurisdictions and to the debt holder as set forth in the attached schedule. The Project will result in the following public benefits: Creation of 3 00 new jobs in the City of Buffalo Remediation and redevelopment of contaminated property Elimination of blighting influence in downtown Buffalo Significant increase in property values and property taxes generated to City Waiver of Empire Zone Benefit pursuant to Sec. 485 -e of the Real Property Tax Law (which permits a property tax exemption for improvements to real property:100% exemption years 1 -7, 75% year 8, 50% year 9, 25% year 10). Submitted for your approval is a request for authorization for the Mayor to enter into a PILOT Agreement which would allow for the diversion of $1,300,838 in PILOT payments to assist in building infrastructure for the Project. Mr. Bonifacio moved: That the above communication from the Executive Director of the Office of Strategic Planning dated June 22, 2006, be received and filed; and That the Mayor be, and he hereby is authorized to enter into a PILOT Agreement which would allow for the diversion of $1,300,838 in PILOT payments to assist in building infrastructure for the Hydro -Air Components, Inc. Project. Passed AYES — 8 NOES — 0 0 [owl Lease - 106 Westminster Former Kensington Library - University District Item No. 129, C.C.P. 6/13/06 In the above mentioned resolution Your Honorable Body authorized the Office of Strategic Planning, Division of Real Estate and Corporation Counsel to negotiate a lease between the City of Buffalo and the Westminster Charter School for the former Kensington Library located at 106 Westminster. On June 26 2006 representatives from the Office of Strategic Planning, Division of Real Estate, City Corporation Counsel Office and Westminster Charter School met and agreed to the following terms and conditions: 1. The term of the lease is for three years with two five -year options to renew. The first term of the lease to coincide with an existing lease between the Buffalo Board of Education and the Charter School. 2. The lease will be for One Dollar ($1.00) per year. 3. The tenant, Westminster Charter School, at their own expense, will be responsible for all minor interior and exterior repairs, cleaning and maintenance of the building and grounds. Tenant will be responsible for all major repairs and replacement to the building's structural components, to include, but not be limited to: repairs and replacement to heating, electrical, plumbing, roof and other structural components of the school. 4 The Tenant will be responsible for all utility costs including gas, electric, water, sewer and garbage user fees, if any. 5. The tenant will provide the City of Buffalo with liability insurance. The type and amount of insurance to be determined by the Corporation Counsel, City of Buffalo. 6. The Charter School will comply with all State and Local Building Ordinances and will obtain all permits required for the operation and maintenance of a school. 7. Westminster Charter School will provide space for community activities at the former Library Building. Such activity not to interfere with use and operation of the School and Library Building during school hours. I am recommending that Your Honorable Body approve a lease between the City of Buffalo and the Westminster Charter School. I am further recommending that the Corporation Counsel prepare the lease agreement upon the above terms and conditions and that the Mayor be authorized to execute the same. Mr. Bonifacio moved That the Mayor is authorized to execute a lease agreement for 106 Westminister as prepared by the Corporation Counsel consistent with the communication from Commissioner Tobe dated June 26, 2006 as approved by the Common Council and any terms and conditions as deemed necessary by the Corporation Counsel PASSED AYES - 8 NOES — 0 NO. 7 Refuge Temple of Christ - West Side Request to Use City -Owned Lot 341 Fourteenth, N Cor. Rhode Island Lot Size: 128' x 116' The Office of Strategic Planning, Division of Real Estate, has received a request from Pastor Daniel Pizarro of Refuge Temple of Christ - West Side , 109 Chenango Street, Buffalo, New York 14213 to use the City -owned vacant lot at 341 Tenth Street. The purpose is to a hold a community outreach open to the public beginning on Monday, August 2 8 , 2006 through Saturday, September 2 , 2006. Pastor Daniel Pizarro 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 Refuge Temple of Christ - West Side 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 June 19, 2006, be received and filed; and That the Director of Real Estate be, and he hereby is authorized to grant permission to Pastor Daniel Pizarro of Refuge Temple of Christ - West Side, 109 Chenango Street to use City -owned vacant lot at 341 Fourteenth Street on Monday, August 28, 2006 through Saturday, September 2, 2006 upon the above terms and conditions. Passed AYES — 8 NOES —0 FROM THE COMPTROLLER NO. 8 Request for Approval to Accept Title of a Vacant Parcel located at 1075 Sycamore Avenue (Item No. 127. C.C.P. 05/17/5 HOMESTEAD ACT The Office of Strategic Planning Division of Real Estate has entered into an agreement with Tahir Hameed to accept title of 1075 Sycamore Avenue from him in exchange for the City homesteading two vacant lots located at316 &318 Sweet Avenue for the construction of a Market Rate Home. The vacant lot at 1075 Sycamore is located in Phase I of the Matt Urban -Uloom AI- Madonia Project Area and will be used for future residential development. I am recommending that Your Honorable Body to authorize the acceptance of title for 1075 Sycamore Avenue from Tahir Hameed in exchange for 316 & 318 Sweet Avenue. Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning dated June 22, 2006, be received and filed; and That the Director of Real Estate be, and he hereby is authorized to accept title of 1075 Sycamore Avenue from Tahir Hameed in exchange for 316 & 318 Sweet Avenue. Passed AYES — 8 NOES — 0 NO. 9 Request for Approval to Accept Title of a Vacant Parcels located at 306 Sweet Avenue (Item No, 127. C.C.P. 06/17/6 HOMESTEAD ACT The City of Buffalo Division of Real Estate has entered into an agreement with Mian N. Ahmad to accept title of 306 Sweet Avenue from him in exchange for the City homesteading two vacant lots located at 310 & 312 Sweet Avenue for the construction of a Market Rate Home. The vacant lot at 306 Sweet is located in Phase I of the Matt Urban -Uloom AI- Madonia Project Area and will be used for future residential development. I am recommending that Your Honorable Body to approve the acceptance of title for 306 Sweet Avenue from Mian N. Ahmad. Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning dated June 22, 2006, be received and filed; and That the Director of Real Estate be, and he hereby is authorized to accept title of 306 Sweet Avenue from Mian N. Ahmad in exchange for 310 & 312 Sweet Avenue. Passed AYES — 8 NOES — 0 NO. 10 Request To Apply for Funding From the Federal Highway Administration's Transportation Enhancements Program for Theatre District Streetscape Enhancements The City of Buffalo's Office of Strategic Planning and Department of Public Works seeks to apply for the Federal Highway Administration's Transportation Enhancements Program for grant funding to design and enact landscaping and bike path improvements on Main Street in Downtown Buffalo. The Theatre District Streetscape Enhancements will serve as a compliment to the extensive work being performed to make the "Cars Sharing Main Street" project a success. RECEIVED AND FILED NO. 11 Request To Serve As Sponsor for the Buffalo Bicycling Heritage Committee's Application for Grant Funding Through the Federal Highway Administration's Transportation Enhancements Program The Bicycling & Pedaling History Museum in partnership with the Wellness Institute of Greater Buffalo, seeks to apply for the Federal Highway Administration's Transportation Enhancements Program for grant funding to develop a new facility for the Bicycling and Pedaling History Museum. The Museum wishes to relocate from their present location in Orchard Park, NY to the Inner Harbor of Buffalo, NY. The Transportation Enhancements Program requires that a municipal entity serve as Project Sponsor and facilitator of grants funds. The Wellness Institute has certified that they will provide the 20% local matching funds and provide the City of Buffalo with a 5% grant administration fee. RECEIVED AND FILED NO. 12 CAPITAL DEBT SERVICE FUND DEPOSITS - 2006/2007 FISCAL YEAR Certificate Number 1 -06/07 of the ComptroUer of the City of Buffalo, New York, relative to the Capital Debt Service Fund of said city, stating the amounts to be deposited therein and paid therefore for the period Commencing July 1. 2006 and ending June 30, 2007 I, Andrew A. San Filippo, Comptroller of the City of Buffalo, New York, in accordance with the provisions of Section 202 of the resolution entitled: "Enabling Resolution of the City of Buffalo, New York, Establishing a Capital Debt Service Fund, Determining the Terms and Conditions of Such Fund and Other Matters in Connection Therewith, and Providing for the Rights of Holders of Capital Debt Obligations of the City. "duly adopted by the Common Council on March 8, 1977, and pursuant to the duties of the chief fiscal officer set forth therein, Do Hereby Certify as follows: 1. The Capital Debt Service Fund Requirements for the fiscal year commencing July 1, 2006 and ending June 30, 2007 is $55,184,660.62. 2. The portion of said Capital Debt Service Requirement allocated to the First Collection Period (July 1, 2006 through and including November 30, 2006), is $24,939,834.19. 3. The portion of said Capital Debt Service Requirement allocated to the Second Collection Period (December 1, 2006 through and including June 30, 2007), is $30,244,826.43. 4. The First Collection Period portion of the Capital Debt Service Requirement is due and payable during the period commencing July 1, 2006 and ending December 31, 2006 on the obligations, in the amounts, on the dates, and at the place or places as set forth below: Obligation Amount Due Date Due Place Due Serial Bond $ 729,486.88 July 31, 2006 Deutsche Bank, New York, New York Serial Bond 1,630,228.76 July 31, 2006 M & T Trust, Buffalo, New York Serial Bond 18,228.76 July 31, 2006 JP Morgan- Chase, Dallas, Texas Serial Bond 197,565.00 July 31, 2006 HSBC, New York, New York Serial Bond 2,157,753.31 Aug. 15,2006 M & T Trust, Buffalo, New York Serial Bond 27,440.00 Sept. 29, 2006 JP Morgan- Chase, Dallas, Texas Serial Bond 9,180.00 Oct. 31, 2006 JP Morgan- Chase, Dallas, Texas Serial Bond 8,201,961.89 Nov. 14, 2006 M & T Trust, Buffalo, New York Serial Bond 5,085,740.85 Nov. 30, 2006 M & T Trust, Buffalo, New York Serial Bond 2,134,670.00 Nov. 30, 2006 HSBC, New York, New York Serial Bond 1,072,407.50 Nov. 30, 2006 JP Morgan- Chase, Dallas, Texas Serial Bond 922,398.75 Nov. 30, 2006 Deutsche Bank, New York, New York Serial Bond 2,752,450.00 Dec. 14, 2006 M & T Trust, Buffalo, New York $24,939,834.19 5. The aggregate amount to be deposited by the Director of the Treasury with the M &T Trust Company, Buffalo, New York, commencing on July 1, 2006 is $20,322,797.00. 6.The Second Collection Period portion of the Capital Debt Service Requirement is due and payable during the period commencing January 1, 2007, and ending June 30, 2007, on the obligations, in the amounts, on the dates, and at the place or places as set forth below: Obligation Amount Due Date Due Place Due Serial Bond $8,187,617.02 Jan. 12, 2007 M & T Trust, Buffalo, New York Serial Bond 12,210,228.76 Jan. 31, 2007 M & T Trust, Buffalo, New York Serial Bond 783,551.25 Jan. 31, 2007 JP Morgan- Chase, Dallas, Texas Serial Bond 2,222,565.00 Jan. 31, 2007 HSBC, New York, New York Serial Bond 2,086,486.88 Jan. 31, 2007 Deutsche Bank, New York New York Serial Bond 585,131.25 Feb. 15, 2007 JP Morgan- Chase, Dallas, Texas Serial Bond 147,440.00 Mar.31, 2007 JP Morgan- Chase, Dallas, Texas Serial Bond 99,180.00 Apr.28, 2007 JP Morgan- Chase, Dallas, Texas Serial Bond 1,672,179.39 May 14, 2007 M & T Trust, Buffalo, New York Serial Bond 820,278.13 May 31, 2007 M & T Trust, Buffalo, New York Serial Bond 2,327.50 May 31, 2007 JP Morgan- Chase, Dallas, Texas Serial Bond 370,045.00 May 31,2007 HSBC, New York, New York Serial Bond 358,058.75 May 31, 2007 Deutsche Bank, New York, New York Serial Bond 699,737.50 June 14, 2007 M & T Trust, Buffalo, New York 7. The aggregate amount to be deposited by the Director of the Treasury with the M &T Trust Company, Buffalo, New York, commencing on December 1, 2006 is $20,248,692.00. 8. Pursuant to Section 202 (b) of said Enabling Resolution, the Director of the Treasury shall deposit the amounts shown in Section 5 and 7 hereof in the Capital Debt Service Fund held by the Trustee, M &T Trust Company, Buffalo, New York, immediately upon receipt of any payment of or on account of any City ad valorem property taxes, until the amount deposited during each Collection Period is equal to the amount shown in Section 5 and 7, respectively. 9.1 have this day delivered a copy of Certificate Number 1 06/07 to the Director of Treasury and to the Fleet Bank, Buffalo, New York. IN WITNESS WHEREOF, I have hereunto set my hand this 19th Day of June, 2006. RECEIVED AND FILED NO. 13 Notification of City Ordinances for Home Owners & Residents REFERENCE: #116 CCP May 30,2006 TEXT: This office, in the normal course of business, does not contact the public directly concerning watchdog and financial oversight matters. However, we certainly concur with the intent of the resolution to better communicate to the public on city matters. Every effort should be made to ensure that the public is made aware of any changes in city ordinances, and we wholeheartedly support that mission. RECEIVED AND FILED FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 14 NOTIFICATION SERIAL #10122 NO STANDING - REPEAL ON FRANKLIN STREET, EAST SIDE BETWEEN EDWARD STREET AND NORTH STREET ELLICOTT DISTRICT NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTION OF HIGHWAY Franklin Street, east side between Edward Street and North Street PROHIBITED PERIOD - DAILY At all times This action is being taken as part of the proposed two sided parking to provide more on- street parking for residents and businesses on Franklin Street between Edward and North Streets, (see next two serials) NOTIFICATION SERIAL #10123 INSTALL NO STANDING ON FRANKLIN STREET, EAST SIDE BETWEEN THE SOUTH CURBLINE OF NORTH STREET AND A POINT 234 FEET SOUTH THEREFROM ELLICOTT DISTRICT NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAY Franklin Street, east side between the south curbline of North Street and a point 234 feet south therefrom PROHIBITED PERIOD At all times This action is being taken as part of the proposed two sided parking on Franklin Street between Edward and North Streets, (see previous and next serials) NOTIFICATION SERIAL # 10124 INSTALL NO PARKING ON FRANKILIN STREET, EAST SIDE BETWEEN EDWARD STREET AND ALLEN STREET ELLICOTT DISTRICT NO PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY Franklin Street, east side between Edward Street and Allen Street PROHIBITED PERIOD 1:30 a.m. to 7:00 a.m. November 15 to April 1 This action is being taken as part of the proposed two sided parking on Franklin Street between Edward and North Streets, (see previous two serials) Waive the 45 days RECEIVED AND FILED NO. 16 APPLICATION FOR STATE ASSISTANCE - MUNICIPAL RECYCLING PROJECT This department is applying to the State of New York for funds to be used for the purchase of recycling bins. The amount being requested is $4,860.00. RECEIVED AND FILED NO. 16 REPORT OF BIDS ROOF RECONSTRUCTION MECHANICAL SERVICES BLDG. JOB #0631 SOUTH DISTRICT I asked for on May 10, 2006 and received the following bids for Roof Reconstruction, Mechanical Services Building, Seneca Street, on May 24, 2006. Bids Available for review in the City Clerks Office I hereby certify that the foregoing is a true and correct statement of all bids received and that Weaver Metal & Roofing, with a Base Bid of $72,400, add Alt. #1 for $25,800, for a total of Ninety Eight Thousand Two Hundred and 00/100 Dollars ($98,200.00), is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. Funds for this project are available in 39320806 445100 - Division of Buildings. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 22, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Roof Reconstruction, Mechanical Services Building, Seneca Street, to Weaver Metal & Roofing, the lowest responsible bidder, in the Base Bid of $72,400, add Alt #1 for $25,800 for a total amount of $98,200.00. Funds for the project are available in 39320806 445100 - Division of Buildings. PASSED AYES -8 NOES -0 NO. 17 CHANGE IN CONTRACT NORTH JEFFERSON LIBRARY CONSTRUCTION JOB #0324 MASTEN DISTRICT I hereby submit to Your Honorable Body the following changes for the North Jefferson Library, Construction, Plumbing Work, W. C. Roberson Plumbing & Construction, C #92010850. 1. Replace sink in the meeting room as a result of changes in size and orientation of the countertop. Add $ 377.46 The foregoing change results in a net increase in the contract of Three Hundred Seventy Seven and 46/100 Dollars ($377.46). Summary: Current Contract Amount $212,615.54 Amount of This Change Order ( #4) Add $ 377.46 Revised Contract Amount $212,993.00 Costs have been reviewed by the Consulting Architect (Robert Traynham Coles, PC, Architect) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 38321006 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 19, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 4, to W.C. Roberson Plumbing & Construction, an increase in the amount of $377.46, as more fully described in the above communication, for work relating to Job No. 0324, North Jefferson Library Construction, C #92010850. Funds for this project are available in 38321 006 445100 - Division of Buildings. PASSED AYES -8 NOES -0 NO. 18 CHANGE IN CONTRACT NORTH JEFFERSON LIBRARY CONSTRUCTION JOB #0324 MASTEN DISTRICT I hereby submit to Your Honorable Body the following changes for the North Jefferson Library, Construction, Electrical Work, Tunney Electric, C #92010831. 1. Furnish and install additional security cameras and relocations of old cameras. Add $ 10,668.25 2. Furnish and install additional "G" fixtures in Reference Area. Add $ 3,319.79 The foregoing change results in a net increase in the contract of Thirteen Thousand Nine Hundred Eighty Eight and 04/100 Dollars ($13,9088.04). Summary: Current Contract Amount $544,466.50 Amount of This Change Order ( #21) Add $ 13,988.04 Revised Contract Amount $558,454.54 Costs have been reviewed by the Consulting Architect (Robert Traynham Coles, PC, Architect) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 38321006 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 19, 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. 21, to Tunney Electric, an increase in the amount of $13,988.04, as more fully described in the above communication, for work relating to Job No. 0324, North Jefferson Library Construction, C #92010831. Funds for this project are available in 38321006 445100 - Division of Buildings. PASSED AYES - 8 NOES -0 NO. 19 COURT ST. STREET LIGHTING PROJECT NIAGARA SQUARE TO LAFAYETTE SQUARE TRANSFER OWNERSHIP CONDUCTOR WIRES ELLICOTT DISTRICT Our department is currently involved in a project to replace street lights on Court St. During the course of construction it was revealed that the conductor wires for the system are owned by the City of Buffalo. In order to install a standard operating system under the rules of the Public Service Commission (PSC) it is mandated that National Grid own and or provide the lamps, luminaries and conductor cable. Standard, existing street lighting systems in the City comply with this, with the City owning the conduit, foundations and poles. The conductor cable in question was installed approximately 15 years ago and has been found to be in good condition. Therefore, in order to comply with PSC 214, Service Classification No. 2 and move this project forward our department is requesting Your Honorable Body to authorize transferring ownership of approximately 1500' feet of conductor cable to National Grid for $1.00. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 26, 2006, be received and filed; and That the Director of Real Estate be, and he hereby is authorized to transfer ownership of approximately 1500' feet of conductor cable to National Grid for $1.00 in order to proceed with the project to replace street lights on Court Street. PASSED AYES -8 NOES -0 NO. 20 142 COLGATE AVENUE; PLANTERS WITHIN CITY RIGHT OF WAY (SOUTH DISTRICT) Mr. Robert Moffett, President of Colgate Industries, located at 142 Colgate Avenue, has requested permission to encroach City right -of -way with planters at said address. Colgate Industries is in the process of adding a 5,000 square foot addition to their existing structure. The planters (3) would extend 6' from the building face and range from 22 to 32 feet in length. Approximately 15 feet of unobstructed sidewalk would remain after installation. The Department of Public Works, Parks and Streets has reviewed this request pursuant to Chapter 413 -67 (Encroachment Regulations) of the City Charter and has no objection to Your Honorable Body authorizing the Commissioner to issue a "Mere License" for installation of said planters provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary. 2. That the applicant be responsible for maintenance of said planters as long as they remain within City right of way. 3. That the applicant be responsible for any relocating of existing underground utilities that becomes necessary. 4. That the applicant supply the City of Buffalo a certificate of insurance, in an amount deemed sufficient by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use and removal of said planters. Mr. Bonifacio moved: That the above communication from the Department of Public Works, Parks and Streets dated June 20, 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. Robert Moffett, President of Colgate Industries, located at 142 Colgate Avenue, to install three (3) planters which would extend 6' from the building face and range from 22 to 32 feet in length which would encroach city right -of -way at said address, subject to the conditions as listed above. PASSED AYES -8 NOES -0 NO. 21 RESOLUTION AUTHORIZING THE ACQUISITION OF RIGHT -OF -WAY UNDER THE NEW YORK STATE EMINENT DOMAIN PROCEDURE LAW FOR THE BABCOCK STREET BRIDGE OVER NORFOLK SOUTHERN RAILWAY PIN #6766.66 FILLMORE DISTRICT WHEREAS, the City of Buffalo has assumed the responsibility for administering the federally aided project for the reconstruction of the Babcock Street Bridge over Norfolk Southern Railway (PIN 5756.56) in the City of Buffalo, Erie County; and WHEREAS, the City must comply with state and federal requirements for the acquisition of right -of -way for the reconstruction of the Babcock Street Bridge in the City of Buffalo; and WHEREAS, the preferred alternative for the reconstruction of the Babcock Street Bridge will require the acquisition of real property rights from seven (7) separate properties; and WHEREAS, the right -of -way acquisition process will be a cooperative and coordinated effort involving the City of Buffalo; Clough Harbour & Associates LLP, the City's engineering consultant; and R.K. Hite & Co., Inc., the City's right -of -way acquisition sub - consultant; and WHEREAS, one of said parcels of land with a tax assessment roll address of 345 Babcock Street and Tax Account No. 123.300 -3 -1, is reputedly owned by the Torah Teminah School with a mailing address of P.O. Box 153, Getzville, New York 14068 -0153; and WHEREAS, a second parcel of land with a tax assessment roll address of 331 Babcock Street and Tax Account No. 123.300 -3- 2.111, is reputedly owned by Vernon C. Lemcke with a mailing address of 1750 Kendall Road, Kendall, New York 14476; and WHEREAS, R.K. Hite & Co., Inc. has been unsuccessful in multiple attempts to contact the reputed owners regarding the proposed Babcock Street Bridge Reconstruction Project; and WHEREAS, the City has conducted searches of the real property tax accounts on both parcels and has determined the real property taxes on both parcels are substantially delinquent; and NOW, THERFORE BE IT RESOLVED, that the City Engineer is authorized to act as representative and agent of the City Council for the acquisition of right -of -way necessary for the Babcock Street Bridge Replacement Project; and BE IT FURTHER RESOLVED, that the City Council hereby authorizes and directs the City Engineer to take such steps and perform such acts as are necessary for City of Buffalo to acquire the right -of -way for the Babcock Street Bridge Replacement Project, including acquisition by exercise of the right of eminent domain in accordance with the provisions of the New York Eminent Domain Procedure Law; and Mr. Bonifacio moved: That the above communication from the Department of Public Works, Parks and Streets dated June 22, 2006 be received and filed; and That the City Engineer be, and he hereby is authorized to take such steps and perform such acts as are necessary for the City of Buffalo to acquire the right -of -way for the Babcock Street Bridge Replacement Project over Norfolk Southern Railway (PIN 5756.56, including acquisition by exercise of the right of eminent domain in accordance with the provisions of the New York Eminent Domain Law. PASSED AYES -8 NOES -0 y :IQ VA& I.I =11115K6LVihVil 1.1-11 IQ 0 1 14:ZO] 01e] 4 191:4 NO. 22 RES #123 CCP JUNE 13, 2006 "BAN LARGE STEREO SYSTEMS IN MOTOR VEHICLES" Dear Common Council, Thank you for inviting our Department's comment on the above - referenced Resolution. Please be advised that quality of life crimes are a top priority of my administration. To that end, our Department will continue to issue summonses against the operators of motor vehicles who violate the City's Noise Ordinance. Further, as our manpower allows, I will direct select police units to focus on this issue this summer. RECEIVED AND FILED NO. 23 RE: RES #121 CCP JUNE 13, 2006 "STRENGTHEN CITY OF BUFFALO SEX OFFENDER ORDINANCE" Dear Common Council, Thank you for inviting our Department's comment on the above - referenced Resolution. Our Department whole - heartedly agrees with the proposed Resolution to strengthen the City of Buffalo's Sex Offender Ordinance by including definitions of "school," "playground," "park," "day -care center," etc. We have noted that Chapter 52 of the City Charter (Alcohol Advertising) currently contains definitions of "Child Day -Care Center," "Playground" and "School Premises." Those definitions may be appropriate for the amendment of this Ordinance, and copies are attached for the Council's convenience. In terms of clarifying potential property lines, we would suggest that the Ordinance be amended to indicate that the measuring point between properties, i.e. a school and a sex offender's residence, shall be the closest real property point between the two properties. These measures will allow the prosecution of violations of the Sex Offender Ordinance to be much more effective. Lastly, in terms of whether or not a person has violated this Ordinance, the onus shall be upon the registered sex offender, just as the onus is upon all citizens to obey all laws. Thank you again for inviting our Department's comment on this Resolution. Very truly yours, REFERRED TO THE COMMITTEE ON LEGISLATION NO. 24 FROM THE COMMISSIONER OF FIRE INTER MUNICIPAL AGREEMENT WITH ELMA FOR EMERGENCY SERVICES TO HAZARDOUS MATERIALS INCIDENTS Enclosed for Your Honorable Body's consideration and approval is an Inter - Municipal agreement between the City of Buffalo and the Town of Elma. By way of this agreement, the City of Buffalo will perform emergency services related to hazardous materials incidents in the Town of Elma for an annual fee of $4,500. Mr. Bonifacio moved: That the communication from the Commissioner of Fire, dated June 21, 2006, be received and filed; and That the Mayor and the Commissioner of Fire be, and they hereby are authorized to enter into a Intermunicipal Agreement between the City of Buffalo and the Town of Elma for the provision of emergency response services to hazardous material incidents in the Town of Elma, New York for an annual fee of $4,500.00. PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 25 FOOD STORE LICENSE 819GENESEE(ELLICOTT) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 819 Genesee and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Bonifacio moved That the food store license application at 219 Genesee is hereby approved subject to the following conditions 1 The exterior of the store remain free from garbage and debris 2. A survellience Camera be installed on the exterior of the store 3. All exterior and interior code violations existing shall be corrected immediately 4. All Unattended loitering shall be prohibited 5. Property to be reinspected by all interested City Agencies or Departments in 6 months from the issuance of the License including but not limited to Departments of Economic Development, Permits and Inspections Services, The Police Dept and Buffalo Fire PASSED 6. AYES - 8NOES - 0 Councilmember Russell took her seat at 2:10 PM NO. 26 IDENTIFICATION OF BUSINESS ENTITIES ITEM NO. 120, C.C.P. 4/18/2006 1 am in receipt of the above stated Common Council Communication and wish to supply your Honorable Body with the following information. Section 122 -3 of the City Code requires that "Every owner of a commercial, industrial or business premises who is not otherwise required to obtain a license or permit under the Code of the City of Buffalo shall provide a brief description of the activities on said premises to the Commissioner of Inspections and Licenses. I have requested reports from the Permit and License offices regarding this Code section. They report that they do not now receive this information and have no record or memory of ever having done so. Establishing the program called for in this Code section would require the diversion of badly needed resources to establish, administer, enforce and advertise this program. These resources are now being put to more critical department functions. It is not likely that the incremental value of this program would justify the substantial effort that would be required. In addition, this section would impose a new burden on businesses in the City of Buffalo just as we are trying to change our reputation to become more business friendly. It should be noted that partnership, limited liability company, not -for - profit corporation and business corporation records are maintained by the New York State Department of State and "doing business as" records are maintained by the Erie County Clerk. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 27 FOOD STORE LICENSE 2751 BAILEY (UNIV) Pursuant to Chapter 194 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Food Store License located at 2751 Bailey Avenue and find that as to form is correct. I have caused an investigation into the premises for which said application for a Food Store License is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Bonifacio moved That the above communication from the Department of Economic Development Permit and Inspections Services dated June 26, 2006, be received and filed; and That pursuant to chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services, be and he hereby is authorized to grant a Food store License to James Allen, located at 2751 Bailey Avenue PASSED AYES - 9 NOES -0 NO. 28 Restaurant Dance License (RENEWAL) 694 Ogden South (Lovejoy) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 694 Ogden South for which said renewal application for a Restaurant Dance Class HI license is being sought and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Bonifacio moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated May 22, 2006, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Restaurant Dancing Class III License to Daniel Poczciwinski, d /b /a Beef Station, located at 694 Ogden South. Passed. AYES — 9 NOES — 0 NO. 29 Certificate of Appointment Appointment Effective June 12, 2006 in the Department of Economic Development, Permit & Inspection Services Division of Slum & Blight /Demolitions to the Position of Supervisor of Slum and Blight, Temporary, Appointment, Intermediate, Starting Salary of $46,849 Brian Higgins 110 Choate Ave Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE & URBAN AFFAIRS NO. 30 Certificate of Appointment Appointment Effective June 19, 2006 in the Department to of Administration, Finance and Urban Affairs Division of Treasury and Collections to the Position of Teller PROVISIONAL APPOINTMENT INTERMEDIATE Starting Salary of: $29,384.00 Madalene J. Merkl 25 Julius St Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 31 Certificate of Appointment Appointment Effective June 19, 2006 in the Department to of Administration, Finance and Urban Affairs Division of Treasury and Collections to the Position of Teller PROVISIONAL APPOINTMENT INTERMEDIATE Starting Salary of: $30,267.00 Louisa Cancilla 151 Saranac Ave Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE CITY CLERK NO. 32 NOTIFICATION OF CITY ORDINANCES CCP#41- 6/13/06 In response to this item, Section 3 -14 of the City Charter stipulates the powers of the City Clerk and requires the City Clerk to keep a journal of all proceedings and record every ordinance in a book. After each meeting, all items including ordinances are processed in a document called a proceedings, and all proceedings of every common council meeting are made accessible with the assistance of MIS to City departments on the Intranet and to everyone including the General Public on the City Home Page /Internet. In addition, with the assistance of the Telecommunications Division, extensive advertising on the public access Channels indicate to the general public that the Common Council's agenda is available on the City's website. Also, Sections 3 -14(e) & 3 -25 calls for the publication of notices, advertisings and proceedings, where required by provisions of act, law, or ordinance, and these are published according to the prescribed manner in the Buffalo News and where necessary in the City Record. Again, with the assistance of the Telecommunications Division, notices of public hearing on various topics are, when required by law, additionally advertised on the Public Access Channels. Common Council Committee Agendas are also posted on the City's website on the Internet. Through the years, this office has worked with all parties including City departments and the general public in making all information accessible according to the manner prescribed in the Charter. We have even trained City Hall personnel in various departments on how to access and research information from the proceedings. I feel that in light of the above this office exercises its obligations and responsibilities as outlined in the City Charter. As for specific ordinances, for example, as in Section 216 -14 - Placement of material for collection; penalties for offenses, the enforcement of that ordinance lies with the responsibility of the Commissioner of Public Works, Parks and Streets, " All garbage receptables shall be kept in rear yards and may not be stored in the front of properties, unless authorization is received from the Commissioner of Public Works and Streets.." According to this ordinance then, the Commissioner is the only one to determine the compliance and enforcement of this law. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 33 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 1680 Elmwood Avenue no name given A. Pagliei 1598 Bailey Avenue no name given S. Dingeldey RECEIVED AND FILED NO. 34 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 -L. Cantilla Police -S. Maraschiello, J. Langhorne RECEIVED AND FILED NO. 36 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings. Buffalo Sewer Authority- 6/14/06 RECEIVED AND FILED NO. 36 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Bonifacio moved the approval of the appointments to the position of Council Intern. ADOPTED. Appointments Effective 6/12/06 in the Department of Common Council, Division of City Clerk, to the position of Intern VI, Seasonal, at the flat rate of $10.00hr. Edwin Padilla 1223 West Ave. Buffalo, NY 14213 Gemile Hughes 497 Minnesota Ave. Buffalo, NY 14215 Christine Ruggiero 328 Downing Street Buffalo, NY 14220 Kenneth Davis 473 S. Division Buffalo, NY 14204 Michael Rivera 42 Ferguson Avenue Buffalo, NY 14213 NO. 37 APPOINTMENTS - MAYOR'S YOUTH OPPORTUNITY & EMPLOYMENT I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. RECEIVED AND FILED. Appointment Effective June 15, 2006 in the Executive Department, Division of Mayor, to the position of Intern III, Seasonal, Non - Competitive, at the flat hourly rate of $8.15. Evan Berry 495 Connecticut St. Buffalo, NY 14213 NO. 38 NOTICES OF APPOINTMENT - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. DEPARTMENT OF PUBLIC WORKS, PARKS AND STREETS Appointments Effective 6/9/06 in the Department of Public Works, Parks and Streets, Division of Engineering, to the position of Bridge Operating Engineer, Seasonal, Non - Competitive, at the starting salary of $10.25/hr flat. Lewis King Jr. 159 Chester Street Buffalo, NY 14208 Phillip D. Kreuz 257 Bedford Avenue Buffalo, NY 14216 Appointment Effective 6/19/06 in the Department of Public Works, Parks and Streets, Division of Streets, to the position of Laborer II, Seasonal, Non - Competitive, at the starting salary of $8.15/hr flat. Bernie Howard 149 Southside Parkway Buffalo, NY 14220 Appointment Effective 6/9/06 in the Department of Public Works, Parks and Streets, Division of Streets, to the position of Laborer II, Seasonal, Non - Competitive, at the starting salary of $8.15/hr flat. Kyle Murphy 399 Voorhees Avenue Buffalo, NY 14216 NO. 39 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. DEPARTMENT OF COMMUNITY SERVICES Appointment Effective 6/12/06 in the Department of Community Services, Division of Substance Abuse Services, to the position of Drug Abuse Nurse R.N., permanent, non - competitive, at the minimum starting salary of $28,930. Doreen Milligan Geary 122 Geary Street Buffalo, NY 14210 DEPARTMENT OF PUBLIC WORKS, PARKS AND STREETS Appointment Effective 6/26/06 in the Department of Public Works, Parks & Streets, Division of Buildings, to the position of Senior First Class Stationary Engineer, Temporary, at the flat starting salary of $10.25/hr. Victor A. Burgio 39 Hecla Street Buffalo, NY 14216 Appointments Effective 6/19/06 in the Department of Public Works, Parks & Streets, Division of Buildings, to the position of Senior First Class Stationary Engineer, Temporary, at the flat starting salary of $10.25/hr. Alexander Porter 137 Prospect Avenue Buffalo, NY 14201 Willliam R. Young 374 McKinley Parkway Buffalo, NY 14220 Charles A. Kulp 1015 Abbott Rd. Buffalo, NY 14220 Appointment Effective 6/16/06 in the Department of Public Works, Parks & Streets, Division of Buildings, to the position of Senior First Class Stationary Engineer, Temporary, at the flat starting salary of $10.25/hr. Keith M. Rathburn 239 Cumberland Avenue Buffalo. NY 14220 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 40 CURRENT LEASE REQUIREMENT 118 E UTICA ST Under cover, please find a letter addressed to Corporate Counsel Ms. Alisa A. Lukasiewicz Esq., in reference to our current lease requirement of obtaining building fire insurance for our leased facility at 118 East Utica Street. This informational item is forwarded to you as we await a response from corporate counsel on this matter. We expect in the near future this item will come before you for approval of an amendment to our current lease agreement. REFERRED TO THE COMMITTEE ON FINANCE NO. 41 Hydro -Air Components, Inc. Project Proposed development of manufacturing facility at the former Donner -Hanna Company site, Abby Street, Buffalo New York In accordance with our letter dated May 11, 2006, it has been agreed that Erie County Industrial Development Agency ( "ECIDA ") is to act as lead agency under the State Environmental Quality Review Act in connection with a coordinated review of the above matter. In accordance with 6 NYCRR 617.12(b)(1), enclosed please find a copy of ECIDA's Type I Negative Declaration with regard to the above - referenced matter. If you have any questions, please feel free to contact the undersigned directly. RECEIVED AND FILED NO. 42 Waterfront Village Access Road On at least four summer Sunday mornings, the residents of the Waterfront Village are unable to use the only access road to and from their homes, particularly those who live in Admiral's Walk, Portside, Harbour Pointe, Break Waters, and Lakefront Commons. In order to get to and from the Gull Landing and Rivermist a resident must use parking areas surrounding the business complex on the corner of Erie Street. Lakefront Boulevard is closed to vehicle traffic. The City, for the five years that I have resided in this community, has made it impossible for errands or church attendance by this extremely poorly planned and enforced use of race and walkathon routes and City streets, and has shown no concern for safety issues, such as fire and emergency issues. There are obvious solutions. The event participants could be restricted to one lane of this generous roadway if police enforcement were properly provided. Now, the police huddle at the Erie /Lakefront intersection and rudely inform residents to move along, denying them access to their homes. Even a winding, back way, through parking areas doesn't allow the preponderance of residents to eventually enter Lakefront Boulevard. A second alternative would be for the City to provide a gated access at the north end of Lakefront Boulevard, through Lakefront Commons and on to the eastern roadway through Lasalle Park. Police could open that access in these and other circumstances, i.e., for fire department vehicles, emergency vehicles, and these race or walk events. I write directly because the efforts of the Waterfront Village Advisory Council have gone unheard and unanswered. Waterfront Village is certainly one of the prime residential areas of Buffalo. It deserves the attention it receives from the event participants, but not at the expense of reasonable access by and even the safety of residents - citizens - voters. I intend for this correspondence to serve as official notice to the City of this hazard should the need for litigation arise to address this serious concern. REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS, COMMISSIONER OF POLICE AND MAYOR'S OFFICE NO. 43 Coe St. My name is James Rayburg and I'm an architect living in the City of Buffalo's Allentown neighborhood, 4 weeks ago I closed on three properties on Coe Place after a long purchase process. Coe Place is a street of unique character in our city for its style of architecture its scale and the residents that live on Coe. I purchased two doubles and a single family home on Coe, Ina tenet has lived there less then 9 years and the longest residing tenet has lived there for over30 years. I have started minor systems work on the interior ofsome of the houses and will start $30,000 dollars worth of investment on the exterior of the homes in a few weeks. These renovations will included new roofs, eave and original woodwork restoration, restored porches and historic paint schemes. #1 Coe which is in the worst shape on the exterior will see its original wood clapboard restored. All this is possible because of the promise ofgood thingsonthe near West Side, Artspace is investing heavily right in the backyard of Coe, and the company I work for Cannondesign, will soon see the Buffalo Academy for the Visual and Performing Arts go up just a few block away. # months ago I approached Belmont shelter about buying the Hamilton Ward house, at 19 Coe Place. It is the most significant home on the street an is the gateway to Coe Place, many articles have been written about its historic significance on Buffalo Rising and on the fixbuffaloblog. While appreciates its historic value it also has an immense amount of value to those that would like to see the neighborhood around Artspace reach its fullest potential. Belmont shelter has applied for a demolition permit and has offered the city $6,000 dollars to purchase three adjacent vacant lots on Coe, 2 next to properties I own. I would easily pay the city that same amount for the lots and have offered to buy the Hamilton Ward house from Belmont. If Belmont proceeds with there plans there will be a parking lot extending 100 feet down Coe Place irreparably damaging the fabric of a great street. I urge your help in blocking the Coe St demolition and sale of the Coe Place properties. James A. Rayburg 79 College Street Buffalo New York 14201 1 can be reached vis email atjrayburg @adelphia.net or phone at (716) 432-3667. Thank you for your time. REFERRED TO THE COMMITTEE ON FINANCE NO. 44 West Village Renaissance Group Garden Walk Cultural Expo WEST VILLAGE RENAISSANCE GROUP GARDEN WALK CULTURAL EXPO Whereas: The West Village Renaissance Group (WVRG) has endeavored to draw community interest into the Lower West Side area of Buffalo, NY since August 2004, and During these efforts the WVRG has pulled together a rich cultural mix from various organizations throughout the Lower West Side, and Recognizing the historic significance of the green of Johnson Park as our city's first established park through the efforts of Mayor Ebenezer Johnson, and that the Johnson Park Green, recognized as historic by the National Register of Historic Places, is a featured site during GardenWalk 2006, and Whereas: The WVRG wishes to celebrate and promote the activities of various organizations from the Lower West Side including Folkloric Dance Productions, youth activities from Holy Cross Church and Primevera United Church, Americorps, Citizen Preparedness Centers, and other positive activities that promote affirmative views and efforts to the approximate 1200 visitors to this specific area during the weekend of the GardenWalk 2006. Now, therefore 6e it resolved: That the City of Buffalo Common Council now commends the efforts of the West Village Renaissance Group to promote the livability of the Lower West Side along with the partnership and efforts of surrounding civic and cultural organizations through the display of these organizations on the Johnson Park Green during the weekend of Garden Walk 2006, July 29 & 30, 2006, an Be it further resolved: That, the West Village Renaissance Group has the support and commendation of the City of Buffalo Common Council to present these organizations in a positive light between the hours of 10:00 am and 4:00 pm on July 29 & 30,2006 on the Johnson Park Green. Mr. Bonifacio moved: That the above communication from Council Member Davis dated June 21, 2006, be received and filed; and That the West Village Renaissance Group has the support and commendation of the Common Council to present the organizations as listed on Johnson Park Green, July 29 & 30, 2006 between 10:00 a.m. and 4:00 p.m. providing they meet the requirements of all pertinent City Departments and ensures that no existing laws or ordinances are violated. Adopted. No. 46 APPT BICYCLE /PEDESTRAIN ADVISORY BOARD The Legislation Committee, following the approval of Local Law No. 10 (2005), "Bicycle /Pedestrian Advisory Board" ( #95 CCP Nov 2, 2005), reviewed requests from residents of the City of Buffalo for membership on the Board. After much review, that process is complete. The Legislation Committee Members are proud to submit the following individual's names for appointment to the Bicycle /Pedestrian Advisory Board: Justin Booth, Chairperson, 607 City Hall, Buffalo NY 14207 (Cyclist) William Durfee, 195 Wellington, Buffalo NY 14216 (Cyclist) Lauren Mitchell, 916 Delaware Ave, Buffalo NY 14209 (Cyclist) W. Morgan Smith, 38 Park Street, Buffalo NY 14201 (Cyclist) David Wahl, 34 Whitney Place, Buffalo NY 14201 (Cyclist) Michael Ball, 901 Washington St., Buffalo NY 14203 (Pedestrian) Suzanne Spinks, 483 Prospect Ave, Buffalo NY 14201 (Pedestrian) Cynthia VanNess, 464 Norwood Ave, Buffalo NY 14222 (Pedestrian) Blair Woods, 362 Rhode Island, Buffalo NY 14213 (Pedestrian) Steven Truesdale, 1416 Main St., Buffalo NY 14209 (Disability Advisory Council) Joseph Giambra, Commissioner, Department of Public Works, Parks & Streets Common Council Representative (Ex- Officio) Buffalo Police Department (Ex- Officio) City Traffic Engineer (Ex- Officio) Office of Strategic Planning (Ex— Officio) The Legislation Committee Members feel that these individuals bring extensive knowledge and a passionate interest to non - motorized vehicle commuting in Urban life. As a collective group, the Board's goal is finding solutions for various cycling, pedestrian and persons with disabilities transportation around the City of Buffalo. Mr. Bonifacio moved: That the above communication from Council Member Fontana dated June 14, 2006, be received and filed; and That the appointments of the above listed applicants as members to the Bicycle /Pedestrian Advisory Board of Ethics, be and they hereby are approved. Passed AYES -9 NOES -0 NO. 46 Bike /Pedestrian Advisory Board Appointee Please file the attached resume from Steven Truesdale for the next Council Meeting. Mr. Truesdale is interested in serving on the Bicycle /Pedestrian Advisory Board and filling the member position for the Disability Advisory Council. STEVEN TRUESDALE Objective Use of my Media, Advocacy, Networking and Corporate Communications expertise to maximize your company's growth & success. Use of this teamwork experience as an opportunity to build commensurate personal success. Experience 2003 -2004 WNY Independent Living Project, Inc. Buffalo, NY Coordinator, Consumer Directed Personal Assistance Program Networked with other Providers nationwide to develop best practices. Researched, wrote & prepared Program Manual for distribution Outreach to both the Consumer base and the Social Services network to develop the program and promote its use. 2003 WNY Independent Living Project, Inc. Buffalo, NY Coordinator, Leadership Development Education Project Developed Program Curriculum targeting increased Board participation within Not - for - Profits by Developmental^ Disabled Consumers. Recruited 18 professional educators & 12 students for program. Graduated 10 of 12 - and raised more than $1200 in 4 months as part of Board experience. Developed and presented program outreach materials statewide; recognized by funding body (NYSDDPC) as among the best of 15 such programs 1999 -2002 Research Foundation University at Buffalo Buffalo, NY Coordinator of Outreach & Media Rehabilitation Engineering Research Center on Universal Design Coordinated quarterly newsletter submissions by the $3.6 M NIDRR funded grant to the Universal Design Newsletter, distributed nationwide. Co- authored technical manual on Visitability and trained more than 500 local, national & international professionals regarding this & other RERC initiatives. Scripted & Narrated promotional video on national Museum Exhibit showcasing LID 1995 -1997 County of Erie, New York Buffalo, NY Executive Director County Office for the Disabled ADA Compliance Coordinator for the County of Erie Developed & Wrote currently used Office Services Brochure Initiated and saw completion of new construction listed as office priority for more than 12 years. Member, Access Advisory Committee, HSBC Arena 1990 -1994 WNY Independent Living Project, Inc. Buffalo, NY Systems Advocate Agency representation in the community Writing /presentation of position papers Identification of access barriers /developing solutions on consumers' behalf Quarterly Newsletter column - Who and What are When and Where Coordinator, Meet the Candidates Day 91 -94 Center Legislative Representative, A.I.LC.N. Y. Coordinator /Liaison to Exhibitors, A.I.LC.N. Y. Conference 1992 Statewide Legislative Liaison, Coalition On Independent Living (COIL) Relevant Skills & Accomplishments 10 years experience as Contributor — Member - Officer to the Boards of Non - Profit Organizations Consultation provided Locally and Statewide to hundreds of professionals on compliance with the Americans with Disabilities Act. 8 years experience as (Local /State) legislative liaison & constituent relations specialist Nationally published freelance journalist (Not listed elsewhere) Chapter Author /Contributor, universal design: new york c: 2001 City of New York Office of the Mayor Center for Inclusive Design & En vironmental Access Education 1987 University at Buffalo /State University of New York Buffalo, NY B.A., English & Journalism School of Arts & Letters Buffalo Youth Corps RECEIVED AND FILED NO. 47 BUFFALO YOUTH CORPS AGENDA ITEM REQUEST Purpose: 'Identify Common Councilmember sponsorship for 10 youth for a new summer, job training program for teens in the City of Buffalo. Proposal: The Buffalo Youth Corps would like to request that Council Members sponsor youth from their respective districts and make available the funding for youth stipends in the amount of $1,300 /youth. This funding has been matched 2 to 1 by the financial commitment of project sponsors. NOTE: A list with the number of youth from each district will be faxed to the appropriate council members Monday morning, June 26th, with additional information about the program. Background: February 2006, a proposal is submitted to Jeff Nixon at the BETC, to secure funding for stipends for 10 youth for a proposed program called the Buffalo Youth Corps. Jeff Nixon is enthusiastic about the program and refers Michael Gainer to Director of Citizen Service, Oswaldo Mestre. In February 2006, Michael Gainer meets with Oswaldo Mestre and Antwan Diggs to discuss the program. Michael Gainer gets the assurance from Mr. Mestre and Mr. Diggs that he will receive the funding for stipends for the youth. Michael Gainer makes commitments with project sponsors, hires staff, recruits youth, and initiates the Buffalo Youth Corps program. Informs Mr. Mestre and Mr. Diggs of progress and development. Recently, the issue of funding has arisen, due in part to the fact that TANF (Summer Youth) funding does not permit youth to leave the City. No funding remains in the Mayor's Summer Youth program to pay stipends for the youth enrolled. Remaining obstacle left to successful implementation of the program is the commitment of funding for the youth stipends. Program Overview: The Buffalo Youth Corps is a residential, leadership and job training program that takes teenagers into the wilderness to complete challenging conservation projects. The Buffalo Youth Corps realizes the tremendous potential of young people and is committed to supporting young people in achieving that potential as skilled and compassionate leaders; dedicated community members; and active and engaged learners. The work is relevant and meaningful. Even though most of the work is intense, manual labor, it is necessary work to preserve the natural environment and enhance recreational opportunities for outdoor enthusiasts. Each completed project is our legacy for the fulture. It's our commitment to giving back to the environment that supports our existence and brings joy and inspiration to our lives. The BYC develops the leadership abilities of young people and encourages independent thinking, critical inquiry, and creative problem solving. Too often we underestimate the significant contributions that young people can make to our families, our communities, and our world. At the BYC we raise the bar, setting high expectations and providing the support to develop confidence, inspire action, and guarantee success. Youth are actively engaged in all aspects of the program. The program brings out the leader and learner in each participant and provides an opportunity to explore individual interests, contribute to the team, and grow beyond what they themselves imagine is possible. Actions taken to date: Developed goals and objectives for the program and established a website, www.buffaloyouthcorps.orq to promote the program to project sponsors, youth, and staff. Identified project sponsors that have committed 6 weeks of work and $23,000 in funding to meet operating expenses for the program (staff, food, travel, insurance). Two staff hired and 10 youth identified Developed Educational Curriculum focused on: Personal Growth and Leadership Development; Job Skills Training; Ecological Literacy and Understanding; and Community Action and Civic Participation Purchased a 15 passenger van and trailer to transport the crew and procured all camping gear through donations and tools and equipment for projects. Forged key partnership with West Seneca Youth Bureau, who has agreed to support the organization as a "pass through" agent. They will assist with insurance, payroll management, and logistical operations. Conducted orientations for youth and parents, collected paperwork (medical forms, releases, and authorizations). Organized a 4 -day staff training that will begin Sunday, July 2 " Program begins Saturday, July 8 th and ends Saturday, August 19' . REFERRED TO THE COMMITTEE ON FINANCE. NO. 48 Request for Flood Insurance Rate Map Changes at Buffalo, NY Portions of the City of Buffalo, NY along the Buffalo River and Cazenovia Creek (hereinafter referred to as the effected area) are designated by FEMA as being in a 100 -year floodplain. I write today to request that this designation be lifted. To that end, I specifically request that FEMA initiate either the Physical Map Revision (PMR) or Letter of Map Revision (LOMR) process immediately. I make this request on the basis that substantial physical improvements have been made which effectively mitigate the threat of damage from flooding in the effected areas. The 1959 Flood and its Aftermath The flood in the City of Buffalo along Cazenovia Creek which resulted from a storm on January 21, 1959 caused more damage than any other flood in the effected area before or since. The damaged structures consisted of 440 residential, 20 commercial and 6 public buildings, and damages were estimated to be $373,800 (roughly $1.8 million in 2006 dollars).' Like all of the floods which have actually inflicted property damage in the effected area, this flood was an ice jam flood. A 1972 U.S. Army Corps of Engineers Report describes the flooding problem in the effected area this way: "the major flood producing factor in reaches 1 through 3 [with reach I being that part of the Creek located in the City of Buffalo] is the formation of ice jams. The channel capacity of Cazenovia Creek in these reaches is more than adequate to pass unobstructed flood flow without overtopping the banks . " The report notes that the existing channel in the City of Buffalo "has a free -flow capacity of about 20,000 cfs [ft. per sec], which is greater than a 200 -year event. 3 The largest flood discharge eve recorded in Cazenovia Creek was 13,500 cfs in March of 1955. The effected area. Detail from Flood Insurance Rate Map, City of Buffalo, N.Y.> Brie County, Panel 10 of 20, Community Panel No. 360230 0010 Q Revised, August 23, 1999, Federal Emergency Management Agency. Park is a component of a system of parks and parkways in the City of Buffalo designed by Frederick Law Olmsted, considered by some to have been the nation's foremost landscape architect and the designer of the National Mall in Washington, D.C. and Central Park in New York City. The central feature of Olmsted's design for Cazenovia Park was a lake, made possible by a dam in the creek. The dam was breached and the lake drained as part of the changes made for flood mitigation. The projects undertaken by the city included the following components :5 1) Removal of the dam (and, resultantly, destruction of the lake). 2) Excavation of the creek bed to increase capacity. 3) Breaching of a levee which ran along the south side of the creek in the park and the creation of a new levee further away from the creek. The space between the two levees would retain excess ice. 4) The report indicated that "this design would protect the floodplain from a stage having a recurrence interval of 100 years /' At the time of the writing of that report, the removal of the dam and the excavation of the creek bed had already been completed,' Subsequent to the writing of that report, but before its publication, the levee was constructed . That is the central basis of the action which this letter seeks: a credible federal authority, namely the U.S. Army Corps of Engineers, recommended a specific course of action to the City of Buffalo and indicated that said course of action would provide the needed protection from 100 -year flooding. Based on this recommendation and the promise of elimination of the difficulties posed by 100 -year flooding, the City spent more than $1 million dollars and removed the central feature of a park which would, in 1982, come to be listed on the National Register of Historic Places." A Further Argument In no way do I concede any aspect of the above argument, but let us assume, for the , moment, that one does not accept the above argument for some reason. In addition to the alterations made to Cazenovia Park which would have eliminated the 100 -year risk according to the 1972 study, other substantial improvements have been made to the creek to eliminate the 100 -year risk. We must bear in mind the point raised earlier, that the creek channel has more than enough capacity to not spill over its banks even up to a 200 -year free -flow event, and that "the major flood producing factor... on Cazenovia Creek is the formation of ice jams." This is where the new West Seneca Ice Retention Structure comes into play. This structure, designed by the U.S. Army Corps of Engineers Cold Regions Lab, employed cutting edge - technology and a simple, elegant and inexpensive design . Not only would this structure provide protection from ice jam flooding in the lower basin of the Creek 13 , it would further contribute to a reduction in ice jam flooding in the Buffalo River by substantially reducing the amount of large ice that enters the Buffalo River at its confluence with Cazenovia Creek. 14 It had been the case that almost every spring, a virtual mini glacier would slowly push through a relatively dense, urban neighborhood in South Buffalo. With the construction of the Ice Retention Structure upstream, a flow that had looked like a miniature glacier now has become more like a river of slush. Aside from the Ice Retention Structure, which is a principal source of relief from ice jam flooding, other improvements which help prevent ice jam flooding in the effected area are the channelization and bank - stabilization of the creek through most of the section between Cazenovia Park and its confluence with the Buffalo River. This work eliminated trees and other features along the banks which would impede ice flows. Additionally, two bridges in the effected area were removed and replaced with higher bridges to eliminate impediments to ice flow. The Stevenson Street bridge was removed and replaced in 1999 and 2000 and the Southside Parkway bridge was removed and replaced in 2001. The federal government provided $4,193,140 toward these two projects. I understand that on a national level, your agency is concerned with the overall solvency of the National Flood Insurance Program and that there is an imperative to increase, not decrease, participation in the program to aid in the distribution of risk. In this instance however, a fundamentally unfair situation exists in which persons are being mandated to purchase this insurance when they quite reasonably do not expect that they will derive any benefit from it I look forward to working with your agency to resolve this issue. Thank you very much for your consideration. REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT NO. 49 M. HOLTZ - CHEEKTOWAGA AMEND ZONING LAW Dear City of Buffalo: Please be advised that the Town Board, at a meeting held on June 5, 2006 6:45 PM, considered the following resolution(s): Resolution 2006 -321 Adopted [Unanimous] Call for Hearing Local Law Intro No. 2006 -4 to Amend the Zoning Law REFERRED TO THE COMMITTEE ON LEGISLATION NO. 50 DEMO 73 LOUISIANA STREET Dear Sirs: Enclosed please find photographs of the above -noted property, which has a standing Order to Vacate from Housing Court and is on the city demolition list. On May 10 a flyer was distributed to neighborhood residents asking that they contact the police if any activity was seen in or around the property. Subsequently, the property was vandalized to the point that the porch imploded on the night of June 7, 2006. Ironically, the night before,! hand - delivered a letter to Officer LeBron listing properties of concern in the Old First Ward neighborhood that included 71 and 73 Louisiana. A copy of this letter and pictures provided with that letter are enclosed in this mailing to the City Clerk. Both 71 and 73 Louisiana Street are in deplorable condition and present a high risk of danger to residents in the Old First Ward. Since both of these properties are on the City's demolition list, we respectfully request that 71 and 73 Louisiana be demolished immediately. Enclosures REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF ECONOMIC DEVELOPMENT, PERMITS AND INSPECTIONS PETITIONS NO. 51 S. VASILE, AGENT, USE 1028 ELMWOOD- OUTDOOR PATIO (NORTH) (HRG. 7/5) REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 52 J. LYONS, AGENT, USE 1318 HERTEL- OUTDOOR PATIO /CAFE (DELAWARE) (HRG. 7/5) REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 53 J. LIU, OWNER, USE 623 AUBURN & COMBINE 623 & 619 AUBURN - RESTAURANT (DELAWARE) (HRG. 7/5) REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 54 1 D. PROUDMAN, AGENT, USE 346 HOPKINS -AUTO REPAIR SHOP WITH USED CAR SALES (SOUTH) (PHONE #) (578 -6904) (510 -5957) 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. 66 R. KREUZER, AGENT, USE 2677 DELAWARE -POLE SIGN (DEL) (PHONE #) (893 -6000) 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. 56 D. NAPORA- OPPOSE HIGH RISE BLDG PROJECT PARK LANE REST SITE The Honorable Byron Brown Mayor - City of Buffalo, Buffalo City Hall Buffalo, New York 14202 Dear Mayor Brown: As a long time supporter of the City of Buffalo, I am contacting you and the members of the Buffalo City Council to let you know that I am adamantly opposed to the Uniland Development Co.'s recently announced proposal to develop a high rise building on the Park Lane Restaurant site. Generations of Buffalonians have enjoyed the historic Gates Circle area. However, the size and scale of a high rise structure on the Park Lane Restaurant site would deliberately compromise the original vision of Frederick Law Olmsted's gateway to the nationally recognized parks and parkway system, as well as a number of our community's most important cultural institutions. The integrity of Buffalo's rich architectural history must continue to play a major role in the city's economic success as an important cultural and tourism destination. I strongly believe that city leaders must preserve and protect Buffalo's unique architectural and cultural legacy, as well as our thriving neighborhoods. I hope you will join me in opposing this proposed development which will ultimately destroy the very fabric and unique character of the Gates Circle neighborhood. If we do not protect Buffalo's architectural heritage and pay greater attention to our history and cultural treasures, we are doomed to repeat the mistakes of the past. Sincerely, REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 57 R. CUNNINGHAM REQ DENIAL DEMO 19 COE PL ELL We, the undersigned residents of Coe Place in Buffalo, request that the city deny Belmont Shelter Corp. permission to demolish the house at 19 Coe Place. This house is also referred to as the Hamilton Ward House. We request that the house be sold to a responsible party for use as an owner - occupied residence or residential rental property. We note the following: The Hamilton Ward House is the historic home of Hamilton Ward, New York State Attorney General in the 1930s and founder of the Erie County Parks Commission. The Hamilton Ward House has unique architectural features that make it "the most distinctive house on a distinctive block ", according to Greater Buffalo Blog. The Hamilton Ward House is largely intact and without signs of gross structural damage to foundation and frame. Replacing this charming structure with pavement will cause a significant negative impact to our neighborhood, striking a blow to the essential character of a cohesive and friendly community. Let's do the right thing. Let's keep this beautiful, historically significant and architecturally unique building standing tall in a good neighborhood. REFERRED TO THE COMMITTEE ON FINANCE NO. 58 R. CUNNINGHAM -REQ COB TO RETAIN PROPERTIES 17, 23, & 29 COE PLACE We, the following residents of Coe Place in Buffalo, request that the Common Council retain possession of properties at 17, 23 and 29 Coe Place by the City of Buffalo. We do not wish to have these properties ceded to any corporation nor party that will pave them for parking. We ask that they remain in their current state. Our reasons for this request include the following: Parking in these lots will increase the presence of transient individuals in our neighborhood. Parking in these lots will put foot traffic a very few feet outside the private space of residents homes. Parking in these lots will preclude the current and historic use of these lots, which include children playing, gardening, barbecue picnics and more. Paving these lots will drastically reduce the amount of green space on Coe Place, where houses are close to the street, so there is already a shortage of trees and grass. We have a real neighborhood, a community on Coe Place. Losing these lots as community space and replacing them with paved parking lots will be a crushing blow to the essential character of our street. We ask that the Buffalo Common Council stick up for us and allow the beauty of Coe Place to remain intact. REFERRED TO THE COMMITTEE ON FINANCE CIVIL SERVICE COMMITTEE BONNIE RUSSELL CHAIRPERSON NO. 59 APPOINTMENT ASST. ENGINEER (INTER) (PW) (ITEM NO. 46-JUNE 13, 2006) That Communication 46, June 13, 2006 be received and filed and the permanent appointment of Michael G. Murphy stated above at the intermediate starting salary of $42,830.00 effective on May 26, 2006 is hereby approved. PASSED AYES - 9 NOES -0 NO. 60 APPT.- DETECTIVE SERGEANT (CONT. PERM.) (MAX) (POL) ( #50,6/13) That the above item be and the same hereby is received and filed. ADOPTED NO. 61 APPT.- DETECTIVE SERGEANT (PERM.) (MAX) (POL) ( #51,6/13) That the above item be and the same hereby is received and filed. ADOPTED NO. 62 APPOINTMENT SENIOR TYPIST (INTER) (FIRE) (ITEM NO. 57 -JUNE 13, 2006) That Communication 57, June 13, 2006 be received and filed and the permanent appointment of Pamela Zawistowski stated above at the intermediate starting salary of $28,128.00 effective on May 23, 2006 is hereby approved. PASSED AYES - 9 NOES -0 NO. 63 APPT.- SECRETARY TO COMMISSIONER (MAX) (COMM. SERVICES) ( #65,6/13) That the above item be and the same hereby is received and filed. ADOPTED NO. 64 CONTRACT FOR ENTRANCE -LEVEL POLICE OFFICER EXAM (ITEM NO. 66, C.C.P., JUNE 13, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Russell moved That the Commissioner of Human Resources be, and hereby is authorized to enter into an Agreement with 1/0 Solutions for the preparation and administration of the next entrance level Police Officer examination PASSED AYES - 9 NOES -0 NO. 65 NOTICES OF APPT.- TEMP. /PROV. /PERM. (C. CLK.) ( #75,6/13) That the above item be and the same hereby is received and filed. ADOPTED NO. 66 M. D'AMICO- INFO.- OVERPAYMENT OF PENSION BENEFITS (#42,5/2) That the above item be and the same hereby is received and filed. ADOPTED FINANCE (BRIAN C. DAVIS, CHAIRMAN) NO. 67 LEASE - LAMAR OUTDOOR ADVERTISING - 166 DART STREET (ITEM NO. 13, C.C.P., JUNE 13, 2006) That the Executive Director of Strategic Planning be, and he hereby is authorized to combine two lease agreements into one agreement between the City of Buffalo and Lamar Outdoor Advertising, for use of city -owned property located at 166 Dart Street, for a retroactive lease commencing on May 1, 2006 and expire April 30, 2009, for a rental increase of 5% to take effect upon the expiration date of each of two existing leases and, under the same terms and conditions as the previous lease and as contained in the above communication. That the Corporation Counsel be, and he hereby is authorized to prepare the necessary lease and that the Mayor be authorized to execute the same. PASSED AYES - 9 NOES -0 NO. 68 USER FEES ARREARS -278 BRINKMAN (ASSESSMENT /TAX) ( #28,6/13) That the above item be and the same hereby is received and filed. ADOPTED NO. 69 K.GIOU LEKAS -WATER SERVICE -246 GENESEE ST. (PW) ( #39,6/13) That the above item be and the same hereby is received and filed. ADOPTED NO. 70 VACATING FACILITIES - ENGINE #24 & ENGINE #33 (EDPI) ( #63,6/13) That the above item be and the same hereby is received and filed. ADOPTED NO. 71 B. DAVIS PETITION FOR LASALLE POOL & FATHER BELLE CENTER ( #52,5/30) That the above item be and the same hereby is received and filed. ADOPTED NO. 72 P. WOLF -REQ. INFO. -EC COMPTROLLER - VULCAN ST. PROJECT & ERIE CO. SNOW REMOVAL AID ( #48,5/30) That the above item be and the same hereby is received and filed. ADOPTED NO. 73 APOLLO MEDIA CENTER (PW) ( #12,5/16) That the above item be and the same hereby is received and filed. ADOPTED NO. 74 246 GENESEE STREET - WATER SERVICES (ITEM NO. 43, C.C.P., MAY 30, 2006) That the above - mentioned item be, and the same is hereby denied. DENIED NO. 75 278 BRINKMAN - USER FEE ARREARS (ITEM NO. 25, C.C.P., MAY 30, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Davis moved that the above item be recommitted to the Committee on Finance. ADOPTED. NO. 76 CREATE TRUST & AGENCY ACCOUNT (COMPT) ( #17,1/24) That the above item be and the same hereby is received and filed. ADOPTED NO. 77 REQ. INFO. -COPS (POL) ( #27,5/2) That the above item be and the same hereby is received and filed. ADOPTED NO. 78 VACATING ENGINE 24 FACILITY -108 LEROY & ENGINE 33 FACILITY -273 KEHR ST. (FIRE) ( #26,5/30) That the above item be and the same hereby is received and filed. ADOPTED LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 79 P. SHEEDY, PETITION TO USE 304 ABBY A/K /A 100 ABBY - MANUFACTURING BUILDING (ITEM NO. 92, C.C.P., JUNE 13, 2006) That after the public hearing before the Committee on Legislation on June 20, 2006, the petition of P. Sheedy, agent, for permission to use 304 Abby a /k/a 100 Abby for a manufacturing building be, and hereby is approved. PASSED AYES - 9 NOES -0 NO. 80 C. BUCKLEY, PETITION TO USE 350 PENNSYLVANIA - OUTDOOR CAFE (ITEM NO. 93, C.C.P., JUNE 13, 2006) That the petition of C. Buckley, agent, for permission to use 350 Pennsylvania to install wrought iron railing and planter boxes to provide boundaries for a 10' x 20' outdoor cafe on the tree lawn accessory to the restaurant be, and hereby is approved. PASSED AYES - 9 NOES -0 NO. 81 D. THURNHERR, PETITION TO USE 41 LOUISIANA - AUTO SALES (ITEM NO. 94, C.C.P., JUNE 13, 2006) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved: That after the petition of D. Thurnherr, agent, for permission to use a vacant lot with small improvement for auto sales and no inventory on premises (internet sales), and hereby is approved as amended with a one car limit. PASSED AYES - 9 NOES -0 NO. 82 SECONDHAND DEALER - 868 TONAWANDA (ITEM NO. 61, C.C.P., JUNE 13, 2006) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved: That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspections Services be, and he hereby is authorized to grant a Secondhand Dealer license to Armayeth Aljabouri d /b /a Tonawanda Home Appliance located at 868 Tonawanda Avenue. PASSED AYES - 9 NOES -0 NO. 83 USED CAR DEALER - 771 MILITARY (ITEM NO. 62, C.C.P., JUNE 13, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the above item be recommitted to the committee on legislation ADOPTED NO. 84 ASSESS ASBESTOS RISK AT H -0 OATS (EXC. 1 ST &2 ND RES) ( #125,6/13) That the above item be and the same hereby is referred to the Committee on Community Development. ADOPTED NO. 85 US BANKRUPTCY COURT - ADELPHIA COMM. CORP. ( #90,6/13) That the above item be and the same hereby is received and filed. ADOPTED NO. 86 CITE GAS STATIONS & FOOD STORES FOR NOISE VIOLATIONS (ITEM NO. 103, C.C.P., NOV. 15, 2005) That as a condition for licensing of Gas Stations and Food Stores, these businesses be required to actively abate the noise ordinance violations that they routinely allow to now occur at their business; and That no gas should be allowed to be pumped or deli transaction made if the customers on site violate the city noise ordinance on the business' private property; and That signs be posted on the business' gas station or store parking lot that loud music or excessive noise is in violation of City of Buffalo ordinances are not permitted at that particular business or property; and That the filling station /food store allowing repeated verifiable noise violations to occur receive a citation and be fined; and That any business which does not work with the police and city to abate these violations of the city noise ordinance on its property be subject to revocation of its applicable license to operate. ADOPTED NO. 87 FOOD STORE LICENSE - 529 FILLMORE (ITEM NO. 31, C.C.P., MAY 16, 2006) That the Commissioner of Economic Development, Permit & Inspections Services be, and he hereby is denying a Food Store License to Mohamed Alamry, located at 529 Fillmore Avenue. DENIED NO. 88 FOOD STORE LICENSE - 729 SYCAMORE (ITEM NO. 39, C.C.P., APR. 4, 2006) That the Commissioner of Economic Development, Permit & Inspections Services be, and he hereby is denying a Food Store License to Abdul Fahahmajid, located at 729 Sycamore Avenue. DENIED NO. 89 USED CAR DEALER - 461 TONAWANDA (ITEM NO. 29, 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 recommitted to the committee on legislation ADOPTED NO. 90 C. ELLIOTT - REQUEST DEMOLITION 209 MACKINAW STREET (ITEM NO. 42, 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 recommitted to the committee on legislation ADOPTED NO. 91 J. KAREK - INFO - 209 MACKINAW STREET (ITEM NO. 45, 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 - mentioned item be and the same is hereby received and filed ADOPTED NO. 92 M. EUSTACE - REQ. DEMOLITION - 209 MACKINAW STREET (ITEM NO. 64, C.C.P., MAY 16, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the above - mentioned item be and the same is hereby received and filed. ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRMAN) NO. 93 PERMISSION TO ACCEPT TITLE - PORTION OF 25 FOURTH STREET - SEQR NEGATIVE DECLARATION (ITEM NO. 9, C.C.P., JUNE 13, 2006) That the Common Council approve the transfer of a portion of 25 Fourth Street from the Buffalo Urban Renewal Agency to the City of Buffalo once the BURA accepts title from National Fuel Gas. That the Corporation Counsel be authorized to prepare the necessary documents for the acquisition of title and that the Mayor be authorized to execute the same. PASSED AYES - 9 NOES -0 NO. 94 M. KEARNS -REQ. TO DET. WHETHER ACTIONS OF BMHA COMM /STAFF CONSTITUTES CRIMINAL ACTIVITY THAT SHOULD BE PROSECUTED ( #85,6/13) That the above item be and the same hereby is referred to the Committee on Finance. ADOPTED NO. 95 B. SNYDER- FUNDING REQ.- CONST. OF PUBLIC ROW IMPROV. & REQ. FOR AIR RIGHTS OVER FULTON ST. OR ABANDONMENT OF FULTON ST. TO SENECA NATION OF INDIANS ( #61,4/4) That the above item be and the same hereby is received and filed. ADOPTED AYES — DAVIS, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO,RUSSELL, THOMPSON - 7 NOES — BONIFACIO, FONTANA -2 NO. 96 B. SNYDER - SENECA NATION CASINO- REQ. FOR ABANDONMENT OF FULTON STREET TO SENECA NATION OF INDIANS OR FOR AIR RIGHTS OVER FULTON ST. (COUNCIL PRESIDENT) ( #27,4/18) That the above item be and the same hereby is received and filed. ADOPTED AYES — DAVIS, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO,RUSSELL, THOMPSON - 7 NOES — BONIFACIO, FONTANA -2 NO. 97 RESULTS OF NEGOTIATIONS - 373 CARLTON (ITEM NO. 8, C.C.P., APR. 18, 2006) (ITEM NO. 101, C.C.P., MAY 2, 2006) That the offer from Mr. Bobby Horton, residing at 356 Carlton Street, in the sum of one thousand and one hundred dollars ($1,100.00) for the purchase of 373 Carlton, be and hereby is denied. DENIED SPECIAL COMMITTEES EDUCATION (ANTOINE M. THOMPSON, CHAIRMAN) NO. 98 M. KEARNS -J. ELLICOTT- CONCERNS - NEIGHBORHOOD SCHOOLS (BD. ED.) (#46,5/16) That the above item be and the same hereby is received and filed. ADOPTED NO. 99 M. KEARNS -J. ELLICOTT- CONCERNS - NEIGHBORHOOD SCHOOLS ( #50,5/2) That the above item be and the same hereby is received and filed. A ADOPTED NO. 100 REQ. TO CREATE AN ADDL OLMSTED HIGH SCHOOL (EXC. 1 ST RES) ( #119,5/30) That the above item be and the same hereby is received and filed. ADOPTED NO, 101 REQ. TO CREATE AN OLMSTED HIGH SCHOOL (BD. ED.) ( #68,6/13) That the above item be and the same hereby is received and filed. ADOPTED RESOLUTIONS NO. 102 RESOLUTION BY: MR. BONIFACIO: REQUIRE CITY LICENSE TO OFFER CHECK CASHING SERVICES Whereas: Recent findings have confirmed that a number of convenient stores, grocery stores, and other local businesses who offer check cashing are charging excessive fees for the service; and Whereas: Such fees are illegal in New York State, where only state - licensed check cashers can charge more than 99 cents - and their fees are capped at 1.64 percent of the check; and Whereas: That would suggest that convenient stores, grocery stores, and other local businesses charging more than 99 cents for cashing checks are breaking the law; and Whereas: The City would like to protect its residents from illegal, exorbitant fees, it seems appropriate that the City should strengthen its oversight over check cashing entities through stricter regulation; and Whereas: One method of regulation that would help address this concern would be if the City of Buffalo regulated stores that cash checks by creating its own license and putting regulations on the City license as to what the City feels is a fair charge to cash a check; and Now Therefore Be It Resolved: That Common Council does hereby request a legal opinion from the Corporation Counsel as to the feasibility of implementing a regulation that would require stores that cash checks to hold a City license; and Be It Further Resolved: That this item goes before the Legislation Committee for further review. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL AND EDPI NO. 103 BY: MR. BONIFACIO, JR. RE: RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR A STATE GRANT -IN -AID FOR A MUNICIPAL WASTE REDUCTION AND /OR RECYCLING PROJECT AND SIGNING OF THE ASSOCIATED STATE CONTRACT, UNDER THE APPROPRIATE LAWS OF NEW YORK STATE Whereas: The State of New York provides financial aid for municipal waste reduction and municipal recycling projects; and; Whereas: City of Buffalo (Legal Name of Applicant) herein called the MUNICIPALITY, has examined and duly considered the applicable laws of the State of New York and the MUNICIPALITY deems it to be in the public interest and benefit to file an application under these laws; and WHEREAS: It is necessary that a Contract by and between THE PEOPLE OF THE STATE OF NEW YORK, herein called the STATE, and the MUNICIPALITY be executed for such STATE aid; Now, Therefore, Be It Resolved That: Common Council of the City of Buffalo (Governing Body of Applicant) 1. That the filing of an application in the form required by the State of New York in conformity with the applicable laws of the State of New York including all understanding and assurances contained in said application is hereby authorized. 2. That The Commissioner of Public Works, Parks and Streets (TITLE of Applicant's designated Authorized Representative) is directed and authorized as the official representative of the MUNICIPALITY to act in connection with the application and to provide such additional information as may be required and to sign the resulting contract if said application is approved by the STATE; 3. That the MUNICIPALITY agrees that it will fund its portion of the cost of said Municipal Waste Reduction and /or Recycling Project; and Now, Therefore, Be It Further Resolved That: This resolution shall take effect immediately. PASSED AYES - 9 NOES -0 NO. 104 BY: MR. BONIFACIO, JR. RE: TRANSPORTATION ENHANCEMENT PROGRAM - MUSEUMS GRANT WHEREAS: The Federal Highway Administration offers the Transportation Enhancements Program to municipalities for transportation related purposes; and WHEREAS: The Transportation Enhancements Program offers grants of up to $2,000,000 for the establishment of Transportation Museums and other transportation related activities; and WHEREAS: At the turn of the 20th Century, the City of Buffalo was home to over 350 bicycle manufacturers, stores and repair shops; and WHEREAS: In 1890 George N. Pierce & Company manufactured their first bicycles on Hanover Street at Buffalo's historic Inner Harbor; and WHEREAS: To celebrate and evoke our bicycling heritage, the Bicycling & Pedaling History Museum seeks to construct a new facility on the original footprint of the Pierce Bicycling Manufacturing Co.; and WHEREAS: The Bicycling & Pedaling History Museum in partnership with the Wellness Institute of Greater Buffalo requests sponsorship by the City of Buffalo to apply for the Transportation Enhancements Program; and WHEREAS: The Bicycling & Pedaling History Museum in Orchard Park is the largest bicycle museum in the world with 95% American heritage origins and over 20% of its collection related to WNY bicycle heritage; and WHEREAS: The Bicycling & Pedaling History Museum and the Wellness Institute of Greater Buffalo certifies that they will provide for the 20% local match required by the Transportation Enhancements Program; and WHEREAS: The Bicycling & Pedaling History Museum and the Wellness Institute of Greater Buffalo certifies that the City of Buffalo will be reimbursed 5% for grant administration; NOW, THEREFORE, BE IT RESOLVED: That the Mayor is hereby authorized to execute any and all documentation necessary to apply, accept and administer said grant funding. PASSED AYES - 9 NOES -0 NO. 105 BY: MR. BONIFACIO, JR. TRANSPORTATION ENHANCEMENT PROGRAM GRANT WHEREAS: The Federal Highway Administration offers the Transportation Enhancements Program to municipalities for transportation related purposes; and WHEREAS: The Transportation Enhancements Program offers grants of up to $2,000,000 to improve the transportation system through the implementation of activities intended to benefit the traveling public, increase transportation choices and access, enhance the built and natural environment, and provide a sense of place; and WHEREAS: Downtown Buffalo has been considering the idea of returning automobile traffic to Main Street for the past two decades; and WHEREAS: Since 2005, the City of Buffalo, in conjunction with Buffalo Place and NFTA, has been working on the Preliminary Engineering Design for the Cars on Main Street project; and WHEREAS: The Office of Strategic Planning and Department of Public Works seek to apply for funding for the Theatre District Streetscape Enhancements project to provide for landscaping and bike path improvements on Main Street in Downtown Buffalo; and WHEREAS: Landscaping and bike path improvements from the Theatre District to the Buffalo River on Main Street would be complimentary to the Preliminary Engineering Design for the Cars on Main Street project; and WHEREAS: The Transportation Enhancements Program grant, if awarded, would fund landscaping and bike path improvements for the Theatre District Streetscape Enhancements project; NOW, THEREFORE, BE IT RESOLVED: That the Mayor is hereby authorized to execute any and all documentation necessary to apply, accept and administer said grant funding. PASSED AYES - 9 NOES -0 NO. 106 RE: ORDINANCE AMENDMENT CHAPTER 372, BOUNCER LAW The Common Council of the City of Buffalo does hereby ordain as follows: That the Code of the City of Buffalo be amended to add a new Chapter 372 to read as follows: §372 -1, Bouncer Registration This Chapter shall be known and may be cited as the "Bouncer Law of 2006." $372 -2, Applicability and Prohibited Conduct No person shall engage in providing protection and /or security of any premises wherein alcoholic beverages are sold for consumption on said premises: or a premises operated for profit or pecuniary gain or as a place of assembly where alcoholic beverages are provided by the operator of the premises without obtaining and keeping current a valid Bouncer Registration Card as provided for under this Chapter §372 -3, Application and Requirements for a Bouncer Registration Card Application for a Bouncer Registration Card shall be made to the City Clerk by the individual in writing, duly sworn to, upon forms to be furnished by the City Clerk, and shall show the individuals name, address, telephone number, the business name(s) and addresses where the individual provides his or her services and any other information as may be reasonably required by the City Clerk or the department of economic development and permit and inspection services. The applicant shall be responsible for keeping all information provided on said forms both accurate and current and updating this information as may be necessary. The City Clerk shall forward the application to the department of economic development and permit and inspection services who shall issue or deny the application as provided for under this Chapter. §372 -4, Background Investigation All applications for a Bouncer Registrations shall be referred by the City Clerk to the Commissioner of Police, who shall promptly cause an investigation to be made into the criminal background and moral character of the applicant. The Commissioner of Police shall investigate and report such findings and make recommendation to the department of economic development and permit and inspection services as to whether or not approval and issuance of the Bouncer Registration Card is recommended. If approvals is not recommended, such report shall state the reasons therefor. §372 -5, Issuance and Denial of a Registration Card A. In the event that department of economic development and permit and inspection services approves the issuance of a Bouncer Registration Card the City Clerk shall issue to each applicant a Bouncer Registration Card and a Bouncer Identification Badge showing a picture of the individual and the number assigned to such individual. The Bouncer Identification Badge shall be conspicuously displayed and worn by such individual at all times when on duty. Such badge shall remain the 61 property of the City of Buffalo and shall be surrendered upon the expiration, suspension and /or revocation of the individual's registration. B. In the event that department of economic development and permit and inspection services denies the issuance of a Bouncer Registration Card such denial shall be in writing and shall be provided to the applicant. No applicant shall be denied a registration card based on the background investigation unless there is a direct relationship between one or more of the previous criminal offenses and the specific license or employment sought: or the issuance of the license or the granting of the employment would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public. (New York Correction Law Section 752) and the department of economic development and permit and inspection services shall take into consideration the factors set forth New York Correction Law Section 753. §372 -6, Expiration, Suspension and Revocation A. All Bouncer Registrations shall expire annually on September 30 and shall be renewed on or before said expiration date. B. Any Bouncer Registration card issued under the Chapter may be suspended or revoked by the department of economic development and permit and inspection services but only after sufficient notice to the holder of the Bouncer Registration Card and a hearing before the Commissioner of the department of economic development and permit and inspection services, or his designee. The holder shall be entitled to present evidence at this hearing as to why the Bouncer Registration Card should not suspended or revoked. §372 -7, Penalties Any violation of this chapter shall be punishable in accordance with Buffalo Charter Section 1 -15. §372 -8, Exemptions Any individual possessing a valid registration card authorized by the Department of State issued under the Security Guard Act of 1992 may provide said valid registration card to the City Clerk and be exempted from the aforementioned application process and entitled to a non - chargeable Bouncer Registration Card §372 -9, Separabilty If any part of this Chapter shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not impair or invalidate the remainder of this Chapt APPROVED AS TO FORM Matter underlined is new. Matter in brackets to be deleted. Corporation Counsel Alisa A. Lukasiewicz REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF ECONOMIC DEVELOPMENT, PERMITS AND INSPECTIONS, THE COMMISSIONER OF POLICE AND THE CITY CLERK NO. 107 BY: MR. FONTANA RE: WAIVE DISPOSAL FEES FOR HABITAT FOR HUMANITY OF BUFFALO - SOUTH OGDEN TRANSFER STATION Whereas: The City of Buffalo owns a transfer station on South Ogden; and Whereas: Private citizens may use this facility to dump bulk trash on their own as a way to alleviate heavy trash pile up on city streets for a fee; and Whereas: Habitat for Humanity volunteer work force continues to rehabilitate older homes and build new ones; ever advancing their mission to increase home ownership and property tax revenue for the City of Buffalo, all while strengthening our City; and Whereas: Ninety cents of every dollar Habitat for Humanity spends is strictly directed towards construction expenses; and Whereas: As a measure of partnership and commitment, Habitat for Humanity has requested that the City of Buffalo waive all waste disposal fees for 2006 -2007; and Whereas: Habitat for Humanity has an excellent reputation as a not - for - profit organization; and Whereas: The City of Buffalo, and especially this Common Council, seeks to maintain and encourage such a valuable partnership by increasing our support to all causes aimed at strengthening and revitalizing our "City" neighborhoods. Now, Therefore, Be It Resolved That: The Buffalo Common Council does hereby waive all 2006 -2007 waste disposal fees for Habitat for Humanity of Buffalo at the South Ogden Transfer Station in order to promote our goal of increasing home ownership in the City of Buffalo. ADOPTED NO. 108 REQUEST FOR APPROVAL OF LAND DISPOSITION AGREEMENT AND FOR TRANSFER OF 1106 GENESEE, 836 SYCAMORE AND 182 WILSON STREETS TO REVITALIZING URBAN NEIGHBORHOODS, INC. (RUN BUFFALO, INC. BY: COUNCILMEMBER FRANCZVK WHEREAS, the Buffalo Urban Renewal Agency has duly designated Revitalizing Urban Neighborhoods, Inc. (RUN Buffalo) and /or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2(d) of the "General Municipal Law" and WHEREAS, the proposed Land Disposition Agreement has been duly submitted to this Common Council by the Buffalo Urban Renewal Agency; and NOW, THEREFORE, BE IT RESOLVED: 1.REVITALIZING URBAN NEIGHBORHOODS, INC. (RUN Buffalo), and /or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper of 1106 Genesee - 836 Sycamore & 182 Wilson Streets. 2. That the Mayor, the Chairman, Vice - Chairman, or any officer of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other documents necessary to convey land described in the proposed "Land Disposition Agreement' to REVITALIZING URBAN NEIGHBORHOODS, INC. (RUN Buffalo), and /or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein. TEW /MD REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 109 BY: COUNCIL PRESIDENT FRANCZYK SET PUBLIC HEARING APPROVAL OF CONTRACT FOR SALE OF LAND AND TRANSFER FROM CITY TO BURA TO RUN BUFFALO, INC.. - REDEVELOPER WHEREAS, Run Buffalo, Inc.. and /or other legal entity to be formed (herein referred to as the "Redeveloper ") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency; and WHEREAS, the City of Buffalo Urban Renewal Agency and the Redeveloper have negotiated a Land Disposition Agreement for the transfer of 1106 Genesee, 836 Sycamore and 182 Wilson Streets and, WHEREAS, the terms of said Land Disposition Agreement have been approved by the City of Buffalo Urban Renewal Agency; and WHEREAS, said Land Disposition Agreement has been forwarded by the City of Buffalo Urban Renewal Agency to this Common Council for action, pursuant to section 507, subdivision 2 of the General Municipal Law; and WHEREAS, Section 507(2) of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 1 st day of July, 2006. 2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the 11 of July, 2006. ADOPTED NO. 110 BY: MR. GOLOMBEK RE: ORDINANCE AMENDMENT CHAPTER 437, TAXICABS AND LIVERIES The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 437 of the Code of the City of Buffalo be amended to read as follows: § 437 -14. Rates and charges. [Last amended 1 -25 -2005, effective 2 -4 -2005] A. No person shall charge a greater sum for the use of a taxicab or livery than in accordance with the following rates: (1) Hourly rates: $24 per hour for one or more passengers. (2) Mileage rates: $2.30 for the first 1/6 mile or less; $0.40 for each additional 1/6 mile or less; $0.40 for each one minute of waiting time, including time lost in traffic delays. [Upon producing certification issued by the Mayor's office as to senior citizen status, persons shall be entitled to a ten - percent reduction in the amount of the fare.] (3) Hand baggage: free. (4) Trunks: $1 each. (5) Large boxes: $1 each. B. No additional or extra charge shall be made for carrying more than one passenger, but all passengers up to the seating capacity of the vehicle shall be carried for the same fare as that above prescribed for one passenger. C. Upon demand, the driver of a taxicab or livery shall furnish to the passenger a receipt for the fare paid, showing the name and badge number of the driver. D. All disputes as to the lawful rate of fare shall be determined by the police officer in charge of the police station nearest to the place where the dispute arises or occurs; and a failure to comply with such determination, provided that it be in accordance with the rate herein fixed, shall be a violation of this chapter. E. The rate charged in the City of Buffalo shall be subject to review and renewal by the Common Council after a period of one year from the effective date of such rate change. During that one -year period, taxicab and livery service providers shall work with the Common Council on improving the quality of service in the City of Buffalo. The amount of improvement and extent of cooperation by the taxicab and livery service providers may be considered in the decision to renew the rate for an additional period of time. § 437 -15. Reduced rates for Senior Citizens [Any person desiring to charge rates less than the rates stated in § 437 -14 shall be permitted to do so; but before charging such lesser rates, the schedule to be charged shall be filed with the Commissioner of Permit and Inspection Services and the Commissioner of Police 15 days before such rates are put into effect, and a copy of such rates shall be prominently displayed in each vehicle in which such rates are to be charged.] Upon producing certification issued by the Mayor's office as to senior citizen status, persons shall be entitled to a ten - percent reduction in the amount of the fare § 437 -16. Excess rates prohibited. No person shall charge for taxicab or livery service rates higher than the rates permitted by § 437 -14; [and in case lesser rates are filed with the Commissioner of Permit and Inspection Services and the Commissioner of Police,] any person who charges greater rates than the rates so filed for taxicab or livery service in vehicles to which such advertised rates apply shall be guilty of a violation of this chapter. § 431 -11. Rates to be displayed. A. A card indicating [giving the maximum] rates allowed to be charged by this chapter, printed in English, shall be furnished by the Commissioner of Permit and Inspection Services and displayed in each taxicab or livery,. [; except where a lower schedule of rates is filed by the owner of any taxicab or livery, such owner shall furnish at his own expense and display at all times in the vehicle to which such rates apply a card printed in the above - mentioned language showing such lower rates.] Such cards, before being used, shall be approved as to design and size of type used by the Commissioner of Permit and Inspection Services. APPROVED AS TO FORM Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 111 BY: MR. GOLOMBEK RE: LEGISLATIVE ASSISTANT APPOINTMENT WHEREAS: I am appointing Timothy J. von der Empten, who resides at 10 1\2 Colonial Circle, Buffalo, New York as a Legislative Assistant in my office; and WHEREAS: Mr. von der Empten has previously worked in my office as an Intern, and is quite capable of filling this position; and WHEREAS: Mr. von der Empten is presently a student at the State University of New York College at Buffalo majoring in Political Science and a member of the United State Air Force for 9 1 \2 years. NOW THEREFORE BE IT RESOLVED THAT: Mr. Timothy J. von der Empten is appointed as a Legislative Assistant for the North District. ADOPTED NO. 112 BY MR. KEARNS: CITY OF BUFFALO LOCAL LAW NO. (2006). INTRO. NO. 13(2006) A LOCAL LAW amending Article six of the Charter of the City of Buffalo in relation to properties located in the Empire Zones. WHEREAS, by Local Law No. 5 of 1994, the City of Buffalo authorized the Buffalo Economic Renaissance Corporation to prepare and submit the City of Buffalo application for designation of the Empire Zone, pursuant to Section 961 of the General Municipal Law, and the creation of such Zone was approved by the New York State Commissioner of Economic Development and such Zone #38 was formally designated by the Empire Zones Designation Board on July 27, 1994; and WHEREAS, Hydro -Air Components, Inc. (Hydro -Air) is a manufacturer of Hydronic heating and cooling products. (NAICS 333414); and WHEREAS, Hydro -Air is planning to acquire the former LTV brownfield at 304 Abby Street, Buffalo and construct a new 152,700 square foot facility. Investment in acquisition of property and cost of construction, equipment, furniture and other related expenses will total $9,325 million; and WHEREAS, Hydro -Air will retention 114 jobs and the company will add 200 jobs over three years. The average wages of the manufacturing jobs is $29,000 and $51,000 for administrative positions; and WHEREAS, Hydro -Air would have moved all operations to Charlotte, North Carolina if it were not but for the benefits available through the Empire Zone Program; and WHEREAS, the New York State Department of Economic Development and Zone Administrative Board of the City of Buffalo has determined that the proposed expansion is eligible for Empire Zone benefits as a regionally significant project under Section 957(d)(i) of the General Municipal Law; and NOW, THEREFORE, BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO, as follows: Section 1. The Common Council of the City of Buffalo approves the allocation of zone lands for the proposed expansion of Hydro Air Components Inc. as a regionally significant project as determined by the Buffalo Zone Administrative Board and the New York State Department of Economic Development. Section 2. The boundaries of said areas to be included in said Empire Zone 38 shall be as set forth in Schedule A, which is attached hereto and made a part hereof. APPROVED AS TO FORM Corporation Counsel NOTE: Matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 113 BY: MR. KEARNS CITY OF BUFFALO LOCAL LAW NO.(2006) INTRODUCTORY NO. 14 (2006) A LOCAL LAW amending the Charter of the City of Buffalo in relation to the Department of Common Council BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOW: Section 1. That Article 3 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follow: § 3 -6. Vacancies in the Common Council [Amended 8 -22 -2002 by L.L. No. 12 -2002, effective 12 -1 -2002 EN] (Draft revisions) In the case of a vacancy in the office of district council member, otherwise than by expiration of the term, the City Clerk shall advertise the vacancy on the City's Web -site and using print, audio and video media outlets that are generally considered to provide city -wide distribution or coverage inviting the nominee of the same political party and any other prospective candidates from the same political party, who shall reside for at least one -year within the boundaries of the council district prior to appointment to said vacancy, to submit to the City Clerk their resume and letter of intent to be considered for the office of said district council member and attend a meeting of the common council committee of the whole, after which the remaining members of the council shall appoint a qualified resident of the same political party and district as the council member whose place is vacant to fill such vacancy until the first day of January following the next general election at which a district council member may, pursuant to law, be chosen for the balance of the term. The person so elected shall take office on the first day of January following such general election. In the case of a vacancy in the office of president of the common council otherwise than by expiration of his or her term, the remaining members of the common council shall appoint one of their members to fill such vacancy until the next organizational meeting. APPROVED AS TO FORM Corporation Counsel Note: Matter underlined is new, Matter in brackets is to be deleted. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL NO. 114 SPONSOR: MICHAEL J. LOCURTO RE: WAIVE BLOCK PARTY PERMITS FOR NATIONAL NIGHT OUT Whereas: National Night Out will be held on Tuesday, August 1, 2006, between 6:00 and 10:00 PM; and Whereas: Neighborhoods throughout the City of Buffalo plan block parties to celebrate this event; and Whereas: National Night Out is a way for our city to heighten crime and drug prevention awareness, strengthen neighborhood spirit, and send a message to criminals letting them know that our neighborhoods are organized; and Whereas: The City of Buffalo currently charges a processing fee for block party permits; and Whereas: To encourage block clubs to participate in National Night Out Activities, the City of Buffalo should waive the processing fee for the permit to block city streets; and Now Therefore Be It Resolved: To encourage participation of block clubs in this year's National Night Out activities on Tuesday, August 1, 2006, this Common Council supports the waiving of the block party permit fee for that date. ADOPTED NO. 115 BY MS RUSSELL BUDGET AND PERSONNEL AMENDMENT 08 -1071 MANAGEMENT INFORMATION SYSTEMS The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 08 -1071 Department of MIS which currently reads: 2 Computer Programmer $38,358 - $44,779 2 Computer Shift Supervisor $35,598 - $41,150 Is hereby amended to read: 3 Computer Programmer $ 38,358 - $ 44,779 1 Computer Shift Supervisor $35,598 - $41,150 IT IS HEREBY CERTIFIED, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. DONNA J. ESTRICH, COMMISSIONER OF ADMINISTRATION, FINANCE AND URBAN AFFAIRS, AND RAJ MEHTA, DIRECTOR OF MIS, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. APPROVED AS TO FORM PASSED AYES - 9 NOES -0 NO. 116 BY MR. THOMPSON FELICITATIONS /IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Reverend Ronald P Sajdak Day By Councilmember Davis, city clerk Chwalinski ADOPTED NO. 117 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: Brenda Ward Total: 1 ADOPTED NO. 118 BY: ANTOINE M. THOMPSON APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31, 2006, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo Lori Guadagno David Piech TOTAL 2 ADOPTED NO. 119 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 Wednesday, July 5, 2006 at 9:45 o'clock A.M. Committee on Finance following Civil Service Wednesday, July 5, 2006 at 10:00 o'clock A.M Committee on Comm. Dev. Wednesday, July 5, 2006 at 1:00 o'clock P.M Committee on Legislation . Wednesday, July 5, 2006 at 2:00 o'clock P.M. Special Committees Legislation Committee Monday, July 10, 2005 at 10:00 o'clock A.M. in Room 1417 City Hall on the Licensing of Property Managers. (Public Disclaimer) All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware; therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 120 ADJOURNMENT On a motion by Mr. Bonifacio seconded by Mr. Fontana the Council Adjourned at 2:50 pm GERALD CHWALINSKI CITY CLERK BOARD OF POLICE AND FIRE PENSION PROCEEDINGS #6 OFFICE OF THE MAYOR -201 CITY HALL JUNE 22, 2006 Present: Byron W. Brown, Mayor; David A. Franczyk, Council President - Darby Fishkin, Deputy Comptroller, Alisa A. Lukasiewicz, Corporation Counsel -4 The Journal of the last meeting was approved. NO. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the months of June 2006 amounting to $5,610.00, and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes -4. Noes -0. NO. 2 I transmit herewith the Pension Payroll for the Police Pension Fund for the month of June 2006 amounting to $6,565.00, respectively, and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes -4. Noes -0. NO. 3 On motion by Ms. Lukasiewicz, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m.