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Home My WebLink About06-0711No.14 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO July 11, 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 INVOCATION - PLEDGE TO FLAG ** *FINAL * ** * *JULY 11, 2006 * ** MAYOR 1. 2006 -2007 City of Buffalo Adopted Budget R &F 2. COB Declaration of Need APP MAYOR - EXECUTIVE 3. Strat. Plan.- Abandonment/Sale Portion of Fulton Street (Fillmore) FIN, CP BD, PW 4. do -Amend Req. to Use City -Owned Lot -Arise Ministries -341 Fourteenth (Niagara) APP 5. do - Results Negotiations -755 Best (Fillmore) CD 6. do -do -569 Clinton (Ell)_ 7. do -do -27 Nineteenth (Ni 8. do -Sewer Easement - Healthnow Project- ASSESSMENT/TAXATION 9. Alternative Veterans Exemption 10. Disabilities and Limited Incomes Exemption BUDGET, A &F BUDGET, A &F 11. Senior Citizen Exemption BUDGET, A &F PUBLIC WORKS, PARKS & STREETS 12. Notification Serials 410125 -29 (Var) (Waive 45 days) R &F 13. Abatement of Charges for Snow Removal- County of Erie BUDGET 14. Bids - Genesee St. Signal Project betw. Michigan St. & Bailey Ave. -PIN 45756.45 APP 15. do - Emerg. A/C Replacement -Fire Dispatch Office -Job 40644 (Ell) APP 16. Change in Contract -City Hall Facade Restoration -Phase 1 -Job 40529 (Ell) ($3,446,700.00) APP 17. do -do ($3,464,200.00) APP 18. do - Kleinhans Music Hall Restoration -Job 40501 (Niagara) APP 19. do - Shoshone Park - Mayor's Impact Team Storage Garage Add - Job 40531 (Univ.)APP 20. Ord. Amendment - Chapter 437 - Taxicabs & Liveries - Install Taxi Stands -Var. Locations (Ell) APP 21. Ord. Violations - Placement of Totes LEG 22. Permission to Hire a Consultant - Centennial Pool Reconstruction APP 23. do - Improvements to Marcy Casino APP 24. do Consultants- Reconstruction of Existing Fire Stations APP POLICE 25. Approval to Purchase Vehicles According to Adopted Budget APP 26. Drug Asset Forfeiture Wire Transfers ($1,079.46) R &F 27. Prop. Ord. Amendment - Chapter 372 Bouncer Law LEG CORPORATION COUNSEL 28. Ordinance LEG ECONOMIC DEVELOPMENT & PERMITS /INSPECTIONS 29. Notification of City Ordinances for Home Owners & Residents LEG 30. Proposed Amendment to Chapter 372 - Bouncer Law LEG 31. Restaurant Dance License (Renewal) -884 Main (Niagara) APP 32. do -52 West Chippewa (Ellicott) APP 33. do Class I & II -1083 Tonawanda (North) APP 34. Second Hand Dealer 720 Elmwood (Del) APP APP 35. Sidewalk Caf6 License -115 West Chippewa (Ell) LEG COMMUNITY SERVICES AND RECREATIONAL PROGRAMMING 48 -46. 36 -35A. Consultant Service Agreement with Back to Basics FIN CITY CLERK do -C. Wilkins -Req. Change of Lots - Jefferson Ave. -First Calvery Missionary Baptist 37 -36. Bouncer Law LEG 38 -37. Notification of City Ordinance Amendments LEG 39 -38. MOU With Board of Education R &F 40 -39. Liquor License Applications R &F 41 -40. Leaves of Absence R &F 42 -41. Reports of Attendance R &F 43 -42. Notices of Appointments - Council Interns ADOPT 44 -43. Notices of Appointments - Mayor's Program R &F 45 -43A. do - do R &F 46 -44. Notices of Appointments - Temp. /Prow. /Perm. CS MISCELLANEOUS 47 -45. C. Berman -Req Fenced in Dog Parks Purchased With Dog License Revenue LEG, PW 48 -46. B. Davis - Friendly Fruitbelt Neighborhood Block Club Inc. FIN, PW 49 -47. do -C. Wilkins -Req. Change of Lots - Jefferson Ave. -First Calvery Missionary Baptist Church FIN, EDPI, STRAT. PLAN, ASSESSMENT /TAX, CC 50 -48. J. Golombek -R. Heffern- CACGEC -Opp. Casino CD 51 -49. do -BERC Bd. Of Director's Meeting Summary- 6/21/06 CD 52 -50. M Kearns - Complaints -Tosh Collins Community Center Maintenance LEG, PW 53 -51. do - Concerns -Tree Trimming Choate Avenue LEG, PW 54 -52. do -Bflo News Article "More Talks Planned on Outer Harbor" WATERFRONT 55 -53. J. Kowalski- NYSDOT- Pavement Rehab Delaware Ave(Nottingham Terr to Kenmore) R &F 56 -54. K. Lewandowski - NYSDEC -Reg. Of Sites -Haz. Disposal -1001 E. Delavan Ave. EDPI, STRAT PL 57 -55. M. Rossi -WNY Stormwater Coalition -Phase II Stormwater Regulations EDPI, STRAT PL 58 -56. D. & J. Skulski -Used Car Dealer -227 Paderewski LEG 59 -57. A. Snyder - NYSDEC- Demolition of H -O Oats Grain Silos by Seneca Nation CD 60 -58. A. Taylor - NYSDOT Designation of Restricted Highway Peace Bridge Ramp B R &F 61 -59. J. Trad - NYSDEC Clean Up Activities East Ferry St Site R &F PF,TITIONS 62 -60. S. Gikas, Owner, Use 528 Elmwood Avenue for a Outdoor Caf6 (Niagara)(Hrg 7/18) LEG, CC, CPBD 63 -61. J. Glose, Agent, Use 2197 Seneca Street, Illuminated Ground Sign (South)(Hrg 7/18) LEG, CC, CPBD 64 -62. S. Manks, Agt, Use 1670 Seneca St For A One Story Drive Thru Fast Food Fac.(So)(Hrg 7 /18)LEG, CC, CPBD 65 -63. N. Kotrides, Owner, Use 1435 Hertel - Sidewalk Caf6 (Del) (Hrg. 7/18) LEG, CC, CPBD 66 -63A. T. Fanti, Agent, Use 777 Main St.- Outdoor Caf6 (Ell) (No Pub Hrg Req.) LEG, CC, CPBD 67 -64. W. Pierce -& Others Opp. Prop. Restaurant - 619 -623 Auburn Ave R &F RESOLUTIONS 103 -64A. Davis Excuse Councilmember Russell from Council Meeting ADOPT 104 -65. Fontana Waive Disposal Fees for Habitat for Humanity of Buffalo -S. Ogden Transfer Station APP 105 -66. Franczyk Environmental Protection Fund -Bflo. River Greenway Grant APP 106 -67. do do -Frank Lloyd Wright's Rowing Boathouse APP 107 -68. do do Historic Preservation- Rehab. -Natl. Hist. Landmark Fireboat -Edw. M. Cotter APP 108 -68A. LoCurto, etc. Opp. Relocation of Empire State College from Downtown to Appletree Business Park in Cheektowaga, NY ADOPT 109 -69. Thompson Req. to make COB Parks Handicap Accessible ADOPT 2 ND RES.; 1 ST -LEG, PW 110 -70. do Comm. Of Deeds ADOPT 111 -71. do do ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETING CIVIL SERVICE 68 -1. Com 29 June 27 Appt -Supv of Slum and Blight (Inter)(EDPI) APP 69 -2. Com 30 June 27 Appt- Teller (Inter 43)(A &F) APP 70 -3, Com 31 71 -4. No 39 FINANCE 72 -5. No 43 73 -6. No 57 June 27 Appt Teller (Inter 44)(A &F) APP June 27 Notices of Appointments - Temp /Prow /Perm(Cty Clk) R &F June 27 June 27 74 -7. No 58 June 27 75 -8. Com 4 May 2 76 -9. Com 5 May 2 77 -10. Com 11 June 13 78 -11. No 49 May 30 79 -12. Com 23 June 13 80 -13. Com 24 June 13 81 -14. Com 16 June 13 82 -15. Com 10 May 16 83 -16. Com 47 May 16 84 -17. Com 43 June 13 85 -18. Com 30 Dec 27 B. Davis J. Rayburg -Coe Place R &F R. Cunningham & O -Req Denial of Belmont Shelter Corp to 86 -19. No Demolish 19 Coe Place(Ell) R &F R. Cunningham & O -Req COB Retain Properties -17,23 & 29 Coe Place (Ell) R &F Renew Lease Agree. Betw. COB & Metro. Comm. Dev. Corp. (Delavan 52 Grider Comm. -Comm. Ctr. -Use of 877 E. Delavan (Masten)(Strat. Plan) J. Lyons, Agent, Use 1318 Hertel - Outdoor Patio/ Caf6(Del)(Hrg 7 /05)_APP Renew Lease Agree. Betw. COB & C.R.U.C.LA.L. -Use of Fun. Sch. 88 -21. No 462 -378 Urban aka 230 Moselle (Fill)(Strat.Plan.) RECOMMIT Renew Lease Agree. Between COB/Neighorhood Food Pantry -70 Vincennes AKA 62 Republic (Fill) (Strat. Plan) APP B. Russell -Req Transfer of Interest - Bailey Amherst Bus. Dist. Assn (Del) (Hrg 7/05) Agreement with COB R &F Transfer of Interest - Bailey /Amherst Bus. Impr. Dist. Assn. (Compt.) R &F B. Russell -Req. Transfer of Interest - Bailey Amherst Bus. Impr. Assn. Agreement w /COB (Assessment/Tax) R &F Results of Negotiations -17, 23, 29 Coe (Ell) (Strat. Plan.) APP Est. a Sr. Citizen's Discount for Bflo. Sewer Fee (Assess/Tax) R &F Est. a Sr. Citizen's Discount for Bflo. Sewer Fee (BSA) R &F Petition for LaSalle (Centennial) Pool (PW) R &F Amendment - Intermunicipal Coop. Agree. -for the Oper., Mgmt. & Impr. 49 Of Cob Parklands (Law) R &F LEGISLATION 86 -19. No 51 June 27 S. Vasile, Agent, Use 1028 Elmwood - Outdoor Patio (North)(Hrg 7 /05)_APP 87 -20. No 52 June 27 J. Lyons, Agent, Use 1318 Hertel - Outdoor Patio/ Caf6(Del)(Hrg 7 /05)_APP 88 -21. No 53 June 27 J. Liu, Owner, Use 623 Auburn & Combine 623 & 619 Auburn- Restaurant (Del) (Hrg 7/05) R &F 89 -22. No 54 June 27 D. Proudman, Agent, Use 346 Hopkins -Auto Repair Shop w /Used Car Sales(South)(No Pub Hrg Req) APP 90 -23. No 32 June 27 Notification of City Ordinances (Cty Clk) R &F 91 -24. No 49 June 27 M. Holz- Cheektowaga -Amend Zoning Law R &F 92 -25. Res 110 June 27 Ord Amend - Chapter 437 - Taxicabs & Liveries APP 93 -26. Res 112 June 27 Local Law Intro #13 (2006) - Empire Zones APP 94 -27. No 89 June 27 Used Car Dealer -461 Tonawanda (North)(EDPI)( #29,5/30) R &F 95 -28. No 64 Feb 21 B. Davis -Req. for Residential Permit Pkg. R &F 96 -29. Com 42 May 16 Used Car Dealer -2186 South Park (South) APP COMMUNITY DEVELOPMENT 97 -30. Res 108 June 27 Req for Appr LDA Transfer 1106 Genesee,836 Sycamore & 182 Wilson Sts to Revitalizing Urban Neighborhoods, Inc (Run Buffalo Inc) (Hrg 7/11) APP 98 -31. Com 2 June 27 Waterfront Urban Renewal Plan -Addl Site Designation (Hrg 7/25) (Strat Plan) WATERFRONT 99 -32. No 56 June 27 D. Napora & O- Oppose High Rise Bldg Project- Park Lane Restaurant Site R &F 100 -33. Com 4 Nov 29 Appr. Of Contract for Sale of Land - Portion of 667 Main St. (Ell) (Strat. Plan) R &F 101 -34. No 113 Dec 13 LDA -Sell Portion of 667 Main St.- Artvoice Redev. ( 4101,11/29) (Hrg. 12/13) R &F 102 -35. Res 131 May 16 Req. Spec. Pub. Hrg. On Seneca Nation Bflo. Creek Casino (Hrg.) R &F COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, JULY 11, 2006 AT 2:00 P.M. PRESENT — David A. Franczyk, President of the Council, and Council Members Bonifacio, Davis, Fontana, Golombek, Kearns, LoCurto, and Thompson — 8. ABSENT — Russell -1 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 NO. 1 CITY OF BUFFALO ADOPTED BUDGET AVAILABLE FOR REVIEW IN THE CITY CLERK'S OFFICE RECEIVED AND FILED FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF STRATEGIC PLANNING NO. 2 CITY OF BUFFALO DECLARATION OF NEED I, Byron W. Brown , Mayor of the City of Buffalo (the "City "), a municipal corporation of the State of New York, acting pursuant to §3861(3) of the Public Authorities Law, added by Chapter 122 of the Laws of 2003 (the "Act "), and further pursuant to the Financing Agreement dated as of June I, 2004 between the Buffalo Fiscal Stability Authority, a public benefit corporation of the State of New York (the "Authority ") and the City (the "Agreement "), to which Agreement this Exhibit is hereby or shall be incorporated, HEREBY DETERMINE AND CERTIFY as follows: 1. A Declaration of Need, as defined in the Act, is hereby determined to exist. The City has determined that the issuance by the Authority of its bond anticipation notes (and, as determined appropriate by the Authority, any renewals thereof or bonds in anticipation of which such notes are issued) to provide for certain cash flow needs of the City. The amounts of the Financeable Costs hereby requested to be undertaken is not to exceed $85,000,000 for cash flow needs of the City and not to exceed $250,000 for incidental costs, including costs of issuance. 2. The City represents and affirms that the foregoing financing of Financeable Costs by the Authority is authorized by the Act and is consistent with the current adopted City budget and the most recent four -year financial plan submitted to or certified by the Authority in conformance with the Act and that such Financeable Costs meet the requirements of Section 4.01(G) of the Agreement. 3. The City reaffirms the provisions of the Agreement, including but not limited to each of the covenants, agreements and indemnities therein and agrees herein to provide prompt notice of any fact or circumstances which would with the passage of time or otherwise give rise to any violation or contravention of the terms of this Declaration of Need, the Agreement or any financial plan submitted to or approved by the Authority. Pursuant to the Act, the financing plan reflected in this Declaration of Need and the Agreement, the Authority is hereby requested to finance, in whole or in part, the Financeable Costs set forth in paragraph 1 hereof. In no event shall the amount of such financing in any fiscal year exceed the amount of the Declaration of Need for such year, as it may be amended from time to time by an amended Declaration of Need. The Authority is also requested to consult with the City with respect to the timing and amount of Authority bond issues so that Authority and any City financings may be coordinated. As more fully provided for in the Agreement, bonds of the Authority shall be issued when the Authority determines in its sole discretion such issuance to be appropriate. 5. The City reaffirms its agreement to apply the proceeds of the Authority's financings in a manner consistent with its adopted budget and four -year financial plan and to conform to the requirements of each related Arbitrage and Use of Proceeds Certificate. 6. The City understands and agrees to provide the Authority with any supporting data, descriptions or materials which the Authority requests in connection with any Financeable Costs referred to in this Declaration of Need. All terms in this Declaration of Need not otherwise defined herein shall have the meanings set forth in the Agreement. IN WITNESS WHEREOF, I have set my hand this 6th day of July, 2006. TRA2172812v.1 Mr. Bonifacio moved: That the above communication from the Mayor dated July 7, 2006, be received and filed; and That upon the request of the Mayor pursuant to Section 3861 of the Public Authorities Law, the Common Council does hereby authorize the Mayor to request the Buffalo Fiscal Stability Authority to undertake a refunding of all or a portion of the City's outstanding debt in the amounts of the Financeable Costs to be undertaken is not to exceed $85,000,000 for cash flow needs of the City and not to exceed $250,000 for incidental costs, including costs of issuance as stated in the Declaration of Need. PASSED AYES - 8 NOES -0 NO. 3 ABANDONMENT AND SALE PORTION OF FULTON STREET FILLMORE DISTRICT The Office of Strategic Planning has received a request from the Seneca Erie Gaming Corporation to acquire a portion of Fulton Street between Michigan Avenue and Marvin a parcel 66 x 638', approximately 42,108 sq. ft. An appraisal of the property has been received by the City of Buffalo, Office of Strategic Planning. The appraisal has been forwarded to the Appraisal Review Board in accordance with Section 27 -5 of the City Charter. The appraisal was conducted by Gregory Klauk, appraiser for Klauk, Lloyd and Wilhelm, Inc. on behalf of the Seneca Erie Gaming, Corporation. He has estimated the Fair Market Value of the property to be Six Hundred Thirty One Thousand Six Hundred Dollars ($631,600.00). A copy of the appraisal is attached for your review. The Appraisal Review Board, at their meeting of July 6, 2006, reviewed the appraisal and concurred with the Appraiser's estimate and recommends the Fair Market Value of Six Hundred Thirty One Thousand Six Hundred Dollars ($631,600.00) for the abandonment and sale of a portion of Fulton Street. The Office of Strategic Planning, Division of Real Estate recommends the abandonment and sale of the described portion of Fulton Street in the amount approved by the Appraisal Review Board of Six Hundred Thirty One Thousand Six Hundred Dollars ($631,600.00). 1 am therefore recommending that the item be referred to the City Planning Board and Department of Public Works for review and recommendation, and that Your Honorable Body, after due review and deliberation, authorize the Corporation Counsel to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE, THE CITY PLANNING BOARD AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 4 AMEND REQUEST TO USE CITY -OWNED LOT ARISE MINISTRIES 341 FOURTEENTH, N COR. RHODE ISLAND LOT SIZE: 128'X 116' LTEM #6, C.C.P. 6/13/06 In Item #6, C.C.P. 6/13/06 this office forwarded a request to use 341 Fourteenth Street from Arise Ministries. The purpose is to hold camp revival meetings open to the public. The revival meetings were scheduled to be held on Thursday, August 10 h , 2006 through Tuesday, August 15 h , 2006. The Office of Strategic Planning, Division of Real Estate, has received a request from Pastor Frank Vitello of Arise Ministries, 25 Calumet Place, Buffalo, New York 14207 to change the dates of usage to Tuesday, August 15 2006 through Friday, August 25 2006. Arise Ministries has agreed to clean the lot before and after their use and will provide proof of liability insurance coverage in the amount of $1,000,000, holding the City of Buffalo harmless from any accident or injury, which may result from their use of the property. am recommending Your Honorable Body amend the request of Arise Ministries Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning dated July 5, 2006, be received and filed; and That the Director of Real Estate be, and he hereby is authorized to amend the permission granted at Item No. 6, C.C.P., June 13, 2006 to Pastor Frank Vitello of Arise Ministries, 25 Calumet Place to use City -owned vacant lot at 341 Fourteenth Street on Tuesday, August 15, 2006 through Friday, August 25, 2006 upon the above terms and conditions. PASSED AYES - 8 NOES -0 NO. 5 RESULTS OF NEGOTIATIONS 755 BEST, 29.50' E MEYERS LOT SIZE: 3O'X12O ASSESSED VALUATION: $1,100 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 755 Best Street from Mr. August H. Land, Jr. and Mrs. Jepthemenia Land, 49 Meyers Street, Buffalo, New York 14211. Mr. and Mrs. Land own and reside at 49 Meyers, which is adjacent to 755 Best. They intend to use the vacant lot for additional green space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City by the purchaser. The Division of Real Estate has investigated the sale of similar residential lots in the subject area. Sales prices range from Thirty Cents ($ .30) to Seventy Cents ($ .70), per square foot. The results of our negotiations are that we have agreed to a sales price of One Thousand One Hundred Dollars ($1,100), Thirty Cents ($ .30) per square foot, for the subject property. Mr. and Mrs. Land have also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 755 Best in the amount of One Thousand One hundred Dollars ($1,100) to Mr. and Mrs. August Land . I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 6 RESULTS OF NEGOTIATIONS 569 CLINTON, 46.50' W MADISON VACANT LOT: 28'X 112' ASSESSED VALUATION: $1,400 (ELLICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 569 Clinton Street from Mrs. Roslyn L. McLin, 573 Clinton Street, Buffalo, New York 14210. Mrs. McLin owns and resides at 569 Clinton, which is adjacent to 569 Clinton and intends to use this vacant lot for additional green space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar residential lots in the subject area. Sale prices range from Thirty -One Cents ($ .31) to Eighty Cents ($ .80), per square foot. The results of our negotiations are that Mrs. McLin has agreed and is prepared to pay One Thousand Dollars ($1,000), Thirty One Cents ($ .31) per square foot for the subject property. Mrs. McLin has also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 569 Clinton to Mrs. Roslyn McLin in the amount of One Thousand Dollars ($1,000). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated July 6, 2006, be received and filed; and That the offer from Mrs. Roslyn L. McLin, residing at 573 Clinton Street, in the sum of one thousand dollars ($1,000.00) for the purchase of 569 Clinton, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 8 NOES -0 NO. 7 RESULTS OF NEGOTIATIONS 27 NINETEENTH, 255' NW RHODE ISLAND VACANT LOT: 30'X 100' ASSESSED VALUATION: $3,100 (NIAGARA DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 27 Nineteenth Street from Mr. John Krytus, 232 Norwood Avenue, Buffalo, New York 14213. Mr. Krytus is the owner of 80 Chenango LLC, located at 80 Chenango Street, which is adjacent. The vacant lot will be used for additional green space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar residential lots in the subject area. Sale prices range from Sixty Cents ($.60) to One Dollar and Fifteen Cents ($1.15), per square foot. The results of our negotiations are that Mr. Krytus has agreed and is prepared to pay Three Thousand One Hundred Dollars ($3,100), One Dollar ($1.00) per square foot for the subject property. Mr. Krytus has also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 27 Nineteenth Street to Mr. John Krytus in the amount of Three Thousand One Hundred Dollars ($3,100). ! am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated July 6, 2006, be received and filed; and That the offer from Mr. John Krytus, residing at 232 Norwood Avenue, in the sum of three thousand and one hundred dollars ($3,100.00) for the purchase of 27 Nineteenth Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES — 8 NOES - 0 NO. 8 SEWER EASEMENT - HEALTHNOW PROJECT The Office of Strategic Planning, Division of Real Estate has received a request from Duke Realty LLC to acquire an easement for the HealthNow Project. The easement is needed to re -route an existing sewer line located on the Waterfront School Property. Attached for your review is the proposed easement description and map. I am recommending that your Honorable Body approve the easement. I am further recommending that the Corporation Counsel prepare the necessary Easement Agreement and the Mayor be authorized to execute the same. Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning dated July 6, 2006, be received and filed; and That the Director of Real Estate be, and he hereby is authorized to enter into an easement agreement between the City and Duke Realty LLC to acquire and easement for the HealthNow Project, to re -route an existing sewer line located on the Waterfront School Property and as more fully described on the attached communication. That the Corporation Counsel be, and she hereby is authorized to review said agreement and that the Mayor be authorized to execute the same. PASSED AYES - 8 NOES -0 FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 9 ALTERNATIVE VETERANS EXEMPTION The following change to Real Property Tax Law 458 -a, Alternative Veterans Exemption was enacted by the State of New York. If adopted by the City of Buffalo, the change would take effect with taxable status date December 1,2006 for the 2007 -2008 fiscal year. The change increases the maximum amount of assessed value eligible for inclusion in the calculation of a veteran's real property tax exemption from the current maximum of $180,000 (the current ceiling utilized by the City of Buffalo) to a maximum of $200,000, $220,000 or $240,000. The City of Buffalo has the option to choose the ceiling it wishes to adopt. If your Honorable body adopts the change, it is estimated that the financial impact to the city of Buffalo will be as follows based on the calculations contained in the attached spreadsheet: Maximum Eligible Assessed Value $200,000 $220,000 $240,000 Estimated Loss of Revenue $ 8,183$ 12,026$ 20,546 This Department's financial impact forecast is based upon assumptions made in a review of the previous year's Alternative Veteran's Exemptions applications. The Department of Assessment and Taxation recommends the adoption of the change but makes no recommendation as to the maximum ceiling that should be adopted. REFERRED TO THE SPECIAL COMMITTEE ON BUDGET AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 10 DISABILITIES AND LIMITED INCOMES EXEMPTION The following change to Real Property Tax Law 459 -c, Disabilities and Low Incomes Exemption, was enacted by the State of New York. If adopted by the City of Buffalo, the change would take effect with taxable status date December 1, 2006 for the 2007 -2008 fiscal year. The change authorizes school districts that grant the disabilities and limited income exemption to adopt a resolution, following a public hearing, allowing the exemption to be granted to property even though the property is also the residence of a child who is attending a public elementary or secondary school. Previously, if such a child resided on the premises, the exemption could not be granted for school tax purposes. If your Honorable body adopts the authorized changes, it is estimated that the financial impact to the city of Buffalo will be a total of approximately $20,817 loss of revenue based on the calculations show in the attached spreadsheet. This Department's financial impact forecast is based upon assumptions made in a review of previous year's senior citizen exemption applications. The Department of Assessment and Taxation recommends the adoption of the change to ensure that all eligible disabled and low income property owners are receiving the full exemption. REFERRED TO THE COMMITTEE ON BUDGET AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 11 SENIOR CITIZEN EXEMPTION The following change to Real Property Tax Law 467, Senior Citizen Exemptions, was enacted by the State of New York. If adopted by the City of Buffalo, the change would take effect with taxable status date December 1, 2006 for the 2007 -2008 fiscal year. The change authorizes school districts that grant the senior citizens exemption to adopt a resolution, following a public hearing, allowing the exemption to be granted to property even though the property is also the residence of a child who is attending a public elementary or secondary school. Previously, if such a child resided on the premises, the exemption could not be granted for school tax purposes. If your Honorable body adopts the authorized changes, it is estimated that the financial impact to the city of Buffalo will be a total of approximately $27,161 loss of revenue based on the calculations show in the attached spreadsheet. This Department's financial impact forecast is based upon assumptions made in a review of previous year's senior citizen exemption applications. The Department of Assessment and Taxation recommends the adoption of the change to ensure that all eligible senior citizens are receiving the full exemption. REFERRED TO THE COMMITTEE ON BUDGET AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 12 NOTIFICATION SERIAL # 10126 NO STANDING - REPEAL ON ALLENHURST ROAD, BOTH SIDES BETWEEN MAIN STREET AND KENMORE AVENUE UNIVERSITY 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 PROHIBITED PERIOD - DAILY Allenhurst Road, both sides between 7 a.m. to 4 p.m. Except Sunday Main Street and Kenmore Avenue This action is being taken at the request of the University District Councilmember and the petitioning residents of Allenhurst Road, (see next serial) NOTIFICATION SERIAL # 10126 INSTALL NO PARKING ON AUENHURST ROAD, BOTH SIDES BETWEEN MAIN STREET AND KENMORE AVENUE UNIVERSITY DISTRICT NO PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Allenhurst Road, both sides between 7 a.m. to 4 p.m. Main Street and Kenmore Avenue Except Saturday and Sunday This action is being taken at the request of the University District Councilmember and the petitioning residents of AUenhurst Road, (see previous serial) NOTIFICATION SERIAL #10127 INSTALL ALTERNATE PARKING - TYPE II HODGE STREET BETWEEN ELMWOOD AVENUE AND ASHLAND AVENUE (DELAWARE DISTRICT) NO PARKING (ALTERNATE - TYPE II) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Hodge Street, north side between Elmwood 9:00 a.m. -4:00 p.m Avenue and Ashland Avenue . Thursday, Friday Hodge Street, south side between 9:00 a.m. - 4:00 p.m Elmwood Avenue and Ashland Avenue . Monday, Tuesday, Wednesday This action is being taken in order to allow for better snow plowing and street cleaning at the request of the residents. NOTIFICATION SERIAL # 10128 NO STANDING - REPEAL ON GRANT STREET, EAST SIDE BETWEEN MILITARY ROAD AND AMHERST STREET (NORTH 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 PROHIBITED PERIOD Grant Street, east side between Military 7:00 am to 9:00 am Road and Amherst Street This action is being taken at the request of District Councilmember. NOTIFICATION SERIAL # 10129 NO STANDING - REPEAL ON GRANT STREET, WEST SIDE BETWEEN MILITARY ROAD AND AMHERST STREET (NORTH 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 Grant Street, west side between Military Road and Amherst Street PROHIBITED PERIOD 4:00 pm to 6:00 pm This action is being taken at the request of District Councilmember. RECEIVED AND FILED NO. 13 SUBJE ABATEMENT OF CHARGES FOR SNOW REMOVAL COUNTY OF ERIE In 2003 and 2005, officials of the County of Erie advised the City of Buffalo, that funds had been appropriated in the County of Erie budget to reimburse the City of Buffalo for snow removal services. Based on this information, on November 30, 2003 this department issued invoices #19598 and #19599, to the County. Each invoice was in the amount of $232,058. We also issued invoice #23536 on February 28, 2005. This invoice was also in the amount of $232,058. Subsequent to the issuances of these invoices, the County notified us that these funds were never appropriated in the County budget, and no agreements were ever entered into. The County, therefore, has refused to pay the invoices. We, therefore, request that the Common Council authorize the abatement of the above - mentioned invoices. REFERRED TO THE COMMITTEE ON BUDGET NO. 14 REPORT OF BIDS GENESEE STREET SIGNAL PROJECT BETWEEN MICHIGAN STREET AND BAILEY AVENUE PIN #5756.45 This is to advise Your Honorable Body that I have advertised and received bids on June 28, 2006 for the above referenced subject. The following bids were received: Contractor Destro Brothers 411 Ludington St. Buffalo, New York 14206 CATCO 1266TownlineRd. Alden, New York 14004 South Buffalo Electric 1250 Broadway St. Buffalo, New York 14212 Base Bid $1,443,319.00 $1,646,641.77 $1,695,722.54 Total Bid Price $1,587,650.90 $1,811,305.95 $1,865,294.79 I hereby certify that the lowest responsible bidder for the above project is Destro Brothers and I respectfully recommend that Your Honorable Body authorize a contract award to Destro Brothers in the amount of $1,587,650.90. (Base Bid of $1,443,319.00 + [10% unit price increases] $144,331.90 equals [Total Award] $1,587,650.90.) Funds for this project are available in our Capital Account #31960306- 445100. The engineer's estimate for this work is $1.6M. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated July 7, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Genesee Street Signal Project, between Michigan Street and Bailey Avenue, to Destro Brothers, the lowest responsible bidder, in the amount of $1,587,650.90 (Base Bid of $1,443,319.00 + [10% unit price increases] $144,331.90 equals [Total Award] $1,587,650.90. Funds for the project are available in Capital Account #31960306- 445100. PASSED AYES -8 NOES -0 NO. 16 REPORT OF BIDS EMERGENCY A/C REPLACEMENT FIRE DISPATCH OFFICE JOB #0644 ELLICOTT DISTRICT The Commissioner of Public Works, Parks & Streets has declared an emergency for the A/C Replacement at the Fire Dispatch Office because the existing units have failed and the 911 equipment requires air conditioning to operate. He has solicited the following proposals for replacement of the air conditioning: Northeast Mechanical $23,772.00 139 Sawyer Ave., Buffalo, NY R P Mechanical $26,283.00 7165 Genesee Rd., Springville, NY Colgate Industries No Bid 142 Colgate Ave., Buffalo, NY M J Mechanical Services No Bid 2040 Military Rd, Tonawanda, NY The Department of Public Works, Parks & Streets will enter into a contract with Northeast Mechanical in the amount of Twenty Three Thousand Seven Hundred Seventy Two and 00/100 Dollars ($23,772.00). Funds for the work are available in 39320406 445100 - Division of Buildings. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 29, 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 an emergency for the A/C Replacement at the fire Dispatch Office, to Northeast Mechanical, the lowest responsible bidder, in the amount of $23,772.00. Funds for the project are available in 39320406 445100 - Division of Buildings. PASSED AYES -8 NOES -0 NO. 16 CHANGE IN CONTRACT CITY HALL FACADE RESTORATION, PHASE 1 JOB #0629 ELLICOTT DISTRICT I hereby submit to Your Honorable Body the following changes for City Hall, Facade Restoration, Phase 1, General Construction, Progressive Weatherproof ing /AII State, C #92011101. 1. Remove and replace mortar as necessary on the south elevation above the 14 floor window to top of the parapet. Add $ 3,300.00 The foregoing change results in a net increase in the contract of Three Thousand Three Hundred and 00/100 Dollars ($3,300.00). Summary: Current Contract Amount $3,443,400.00 Amount of This Change Order ( #1 ) Add $ 3,300.00 Revised Contract Amount $3,446,700.00 Costs have been reviewed by the Consulting Architect (DiDonato Associates) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 38320806 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 July 6, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to Progressive Weatherproofing/All State, an increase in the amount of $3,300.00, as more fully described in the above communication, for work relating to Job No. 0529, City Hall, Facade Restoration, Phase 1, C #92011101. Funds for this project are available in 38320806 445100 - Division of Buildings. Passed AYES -8. NOES -0 NO. 17 CHANGE IN CONTRACT CITY HALL FACADE RESTORATION, PHASE 1 JOB #0629 - ELLICOTT DISTRICT I hereby submit to Your Honorable Body the following changes for City Hall, Facade Restoration, Phase 1, General Construction, Progressive Weatherproofing /AII State, C #92011101. 1. Remove and replace mortar 100% located at the observation deck to the gutter line. Add $ 17,500.00 The foregoing change results in a net increase in the contract of Seventeen Thousand Five Hundred and 00/100 Dollars ($17,500.00). Summary: Current Contract Amount $3,446,700.00 Amount of This Change Order ( #2) Add $ 17,500.00 Revised Contract Amount $3,464,200.00 Costs have been reviewed by the Consulting Architect (DiDonato Associates) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 38320806 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 July 6, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 2, to Progressive Weatherproofing /All State, General Construction, an increase in the amount of $17,500.00, as more fully described in the above communication, for work relating to Job No. 0529, City Hall, Facade Restoration, Phase 1, C #92011101. Funds for this project are available in 38320806 445100 - Division of Buildings. Passed AYES -8. NOES -0. NO. 18 CHANGE IN CONTRACT KLEINHANS MUSIC HALL [: RESTORATION JOB #0501 NIAGARA DISTRICT I hereby submit to Your Honorable Body the following changes for Kleinhans Music Hail, Restoration, AIIState Development, C #92011042. 1. Roof restoration required at emergency exit stair halls and east /west wings due to water penetration. Add $ 5,452.35 The foregoing change results in a net increase in the contract of Five Thousand Four Hundred Fifty Two and 35/100 Dollars ($5,452.35) Summary: Current Contract Amount $ 58,163.25 Amount of This Change Order ( #3) Add $ 5,452.35 Revised Contract Amount $ 63,615.60 Costs have been reviewed by the Consulting Architect (HHL Architects) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 34322206 and 38320906 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 29, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 3, to AIIState Development, Restoration, an increase in the amount of $5,452.35, as more fully described in the above communication, for work relating to Job No. 0501, Kleinhans Music Hall, C #92011042. Funds for this project are available in 34322206 and 38320906 445100 - Division of Buildings. Passed AYES -8. NOES -0. NO. 19 CHANGE IN CONTRACT SHOSHONE PARK MAYOR'S IMPACT TEAM STORAGE GARAGE ADDITION JOB #0531 UNIVERSITY DISTRICT I hereby submit to Your Honorable Body the following changes for Shoshone Park, Mayor's Impact Team Storage Garage Addition, Miller Enterprises, C #92011077. 1. Furnish and install UL Listed Security /Fire Alarm reporting system with monitoring for Police & Fire Dispatch. Add $ 3,318.00 The foregoing change results in a net increase in the contract of Three Thousand Three Hundred Eighteen and 00/100 Dollars ($3,318.00). Summary: Current Contract Amount $ 65,900.00 Amount of This Change Order ( #1) Add $ 3,318.00 Revised Contract Amount $ 69,218.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 38320906 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 29, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to Miller Enterprises, an increase in the amount of $3,318.00, as more fully described in the above communication, for work relating to Job No. 0531, Shoshone Park, Mayor's Impact Team Storage Garage Addition, C #92011077. Funds for this project are available in 38320906 445100 - Division of Buildings. Passed AYES -8. NOES -0. NO. 20 ORDINANCE AMENDMENT CHAPTER 437 - TAXICABS & LIVERIES INSTALL TAXI STANDS -VAR. LOCATIONS (ELL. DISTRICT TAXICABS AND LIVERIES —AMEND It has been requested by your Honorable Body that Taxi Stands be installed on Franklin Street alongside Brinks, on Delaware Avenue near Channel 2 and on Pearl Street adjacent to Prima Pizza Pasta. The purpose of this Amendment is to update Chapter 437 Section 19 of the Charter and Code of the City of Buffalo in order to allow for these changes to be made on the affected streets. It is therefore requested that Chapter 437, Section 19 of the Charter and Code of the City of Buffalo (Taxi Stands) be amended by adding thereto the following: Name of Street Side Locations & Restrictions Number of Cabs Franklin Street East North of West Chippewa Street From 7:00 pm to 4:00 am only 3 Delaware Avenue East North of West Chippewa Street From 7:00 pm to 4:00 am only 2 Pearl Street West South of West Chippewa Street From 7:00 pm to 4:00 am only 2 Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated July 6, 2006, be received and filed; and That the Common Council approve an amendment to Ordinance Amendment for Chapter 437 - Taxicabs and Liveries to Install Taxi Stands at various locations, as more fully described in the above communication and that the Corporation Counsel, be, and she hereby is authorized to approve as to form. PASSED NO. 21 ORDINANCE VIOLATIONS - PLACEMENT OF TOTES I have been advised that the Common Council is considering revising the City's ordinances to require that a warning be given prior to the issuance of a summons for the failure to place a tote in the rear yard as required by Section 216 -14 of the ordinances. I feel that requiring a "first warning" for this offense would set a dangerous precedent. Should we have a "first warning" for violations of all City ordinances? Which violations would warrant a "first warning "? Which would not? In addition, a "first warning" would require additional record keeping and a second visit by the person issuing the summons. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 22 PERMISSION TO HIRE A CONSULTANT CENTENNIAL POOL RECONSTRUCTION The Department of Public Works, Parks & Streets requests permission to hire a consultant to prepare plans and specifications and provide construction administration for the Reconstruction of Centennial Pool. The project is part of the approved 2005 -2006 Capital Budget. Funds are available in Account 39400206. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 29, 2006 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire a consultant to prepare plans, specifications and provide construction administration for the Reconstruction of Centennial Pool. Funds for this project are available in Account 39400206. Passed. AYES -8. NOES -0. NO. 23 PERMISSION TO HIRE A CONSULTANT IMPROVEMENTS TO MARCY CASINO The Department of Public Works, Parks & Streets requests permission to hire a consultant to prepare plans and specifications and provide construction administration for Improvements to Marcy Casino. The project is part of the approved 2005 -2006 Capital Budget. Funds are available in Account 39320706. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 28, 2006 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire a consultant to prepare plans, specifications and provide construction administration for Improvements to Marcy Casino. Funds for this project are available in Account 39320706. PASSED. AYES -8. NOES -0. NO. 24 PERMISSION TO HIRE CONSULTANTS RECONSTRUCTION OF EXISTING FIRE STATIONS The Department of Public Works, Parks & Streets requests permission to hire consultants to prepare plans and specifications and provide construction administration for the Reconstruction of Existing Fire Stations. The project is part of the approved 2005 -2006 Capital Budget. Funds are available in Account 39320406. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 28, 2006 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire a consultant to prepare plans, specifications and provide construction administration for the Reconstruction of Existing Fire Stations. Funds for this project are available in Account 39320406. Passed. AYES -8. NOES -0. FROM THE COMMISSIONER OF POLICE NO. 25 APPROVAL TO PURCHASE VEHICLES ACCORDING TO ADOPTED BUDGET Per the adopted 2006/2007 fiscal year budget, the Buffalo Police Department hereby requests permission from your honorable body to begin the purchase process for the following vehicles: 50 marked police cruisers - ford crown victoria's, chevy impala's and /or dodge charger's 10 unmarked ford crown victoria's and /or ford taurus' 1 4 X 4 tow truck All of the above purchases will replace older vehicles that have already been removed from the fleet (through auction or as parts cars) or those that will be removed in the near future. If you have any questions or concerns, please contact Inspector Joseph Strano at 851 -4879. Thank you in advance for your cooperation and expediency in addressing this matter. Mr. Bonifacio moved: That the above communication from the Commissioner of Police dated July 5, 2006 be received and filed; That the Commissioner of Police be, and he hereby is authorized to begin the purchase process for the above - listed vehicles and motorcycles contingent on the Commissioner of Police first filing a statement with the Common Council that the vehicles and equipment to be purchased herein will upon delivery be marked (with City Seal) according to the requirements as set forth in Chapter 52 of the City of Buffalo Code; and that these vehicles and any associated vehicles reassigned will not be authorized for take -home use and that for each new vehicle placed into Police Service another vehicle will be removed from Police Fleet Use. PASSED. AYES -8. NOES -0 NO. 26 DRUG ASSET FORFEITURE WIRE TRANSFERS\ CCP #104 - 2/2/88 06 -DEA- 463286 C2 -04 -0018 $977.48 06 -DEA- 463291 C2 -04 -0018 $101.98 Total $1079.46 The Drug Enforcement Administration (DEA) has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000 - 389001. These funds will be placed into one or more of the following accounts as deemed by the Commissioner of Police. Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment. If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624. RECEIVED AND FILED. NO. 27 PROPOSED ORDINANCE AMENDMENT - CHAPTER 372 BOUNCER LAW ( #106 CCP JUNE 27, 2006) Thank you for inviting our Department's comment on the above - referenced proposed ordinance amendment. With respect to §372 -4, please be advised that at the present time, our Department simply does not possess the manpower to conduct the proposed investigations. Also, we would advise that the term "moral character" is subject to broad interpretation.We would suggest that the applicant be required to produce a copy of his or her New York State Identification ( "NYSID "), which shows a person's criminal history, or the lack thereof, to the Department of Economic Development and Permit and Inspection Services. Our Department does process requests for NYSID records on a routine basis, and could process such requests from the applicants. Finally, the decision whether or not to approve an applicant should be within the purview of the Department of Economic Development and Permit and Inspection Services. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE CORPORATION COUNSEL NO. 28 ORDINANCE - WARNING NOTICES You have asked the Bureau of Administrative Adjudication to respond to the feasibility of warning notices relating to ordinance notification, particularly as it relates to the proper storage location of totes. It is not the recommendation of this department to establish a "first warning" process. Past experience has proven that residents come to expect a warning and rely on such in order to comply with ordinances. This became abundantly clear when warnings were given for snow shoveling violations prior to issuing them for the first time. Additionally, issuing warnings is extremely labor intensive and requires maintaining a log of properties that have received warnings, coordinating that information on a daily basis between several issuing departments and following -up to verify that the violation was corrected. Rather, I would recommend that notification of any changes relating to ordinances should be made by publishing the change in the Buffalo News and by sending notification in the User Fee bills. I would recommend that the Council Staff publish ordinance changes /additions with the Buffalo News when passed by the Council. With regard to affixing stickers to the totes, the Department of Public Works will be affixing stickers to totes to identify that the property has been granted a waiver and are not required to store the totes in the rear yard as required by ordinance. This will make it easy for ticket writers to identify totes that are exempt from this ordinance and avoid unnecessary citations REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 29 NOTIFICATION OF CITY ORDINANCES FOR HOME OWNERS & RESIDENTS ITEM NO. 25. C.C.P, 6/13/2006 1 am in receipt of the above stated Common Council Communication and wish to supply your Honorable Body with the following information. You have requested that I reply to #116 CCP May 30, 2006 in which you ask for "information from each City Department as to the manner in which it notifies City home owners and residents of new ordinances approved by the City." The Department of Economic Development, Permit and Inspection Services does not have a procedure to notify the general public or residents of changes to City Ordinances. We have established a policy to notify current license holders when a change is made that will affect them. This notice is provided by mail. In addition, we are now notifying certain companies that may be doing business in the City of the need to have a license. This is also being done by first class mail. All ordinance changes upon enactment must be filed with the City Clerk. We have assumed that the Clerk has the responsibility to make changes known to the general public. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 30 PROPOSED AMENDMENT TO CHAPTER 372 - BOUNCER LAW ITEM NO. 106. CCP. 6/27/2006 1 am in receipt of the above stated Common Council Communication and wish to supply your Honorable Body with the following information in reply to # 106 CCP June 27,2006 proposed amendment to Chapter 372 - Bouncer Law. You have requested that I reply to the proposed Ordinance Amendment that would establish a new procedure to issue a Bouncer Registration Card. My comments follow: 1. The purpose of a registration or license program is to insure that only qualified individuals are permitted to undertake the regulated activity. By requiring a license and more importantly by being able to revoke a license for misconduct, the public can be protected from persons who do not have the qualifications or temperament to perform certain activities that impact the public. 2. A permit or license program cannot be effective unless there is a meaningful mechanism to insure that the persons who are required to do so, have a license and unless there is also the means to investigate and prosecute allegations of misconduct. 3. Enforcement of the Bouncer Registration Law will require work by our inspectors after normal work hours and will therefore involve a substantial amount of overtime. 4. A registration or license revocation hearing will involve the appointment of a hearing officer and the presentation of evidence by departmental staff under the guidance of an assistant corporation counsel who will be the prosecutor. 5. The proposed ordinance does not contain a proposed fee for the Registration Card. 6. The Division of Licenses is very badly stretched. As you know, it is having difficulty keeping up with the current requirements called for in the Charter and Code. 7. In conclusion, I very strongly recommend that this program either: a. Not be enacted as proposed because it would create the impression of enforcement without the means to do so, or b. A Registration Fee be added to the Ordinance and the Department be allowed to retain the fee to be used to increase our ability to process the new Registrations and to conduct the enforcement that is the heart of this proposal. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 31 RESTAURANT DANCE LICENSE (RENEWAL) 884 MAIN (NIAGARA) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 884 Main 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 renew a Restaurant Dancing Class III License to Julia Greenwood, d /b /a Roxy's Greenroom, located at 884 Main Street. Passed. AYES -9. NOES -0. NO. 32 RESTAURANT DANCE LICENSE (RENEWAL) 52 WEST CHIPPEWA (ELLICOTT) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 52 West Chippewa (La Luna) for which said renewal application for a Restaurant Dance Class IV license is being sought and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Bonifacio moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated June 27, 2006, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to renew a Restaurant Dancing Class IV License to Charles Goldman, d /b /a La Luna, located at 52 Chippewa West Street. PASSED AYES -8. NOES -0. NO. 33 RESTAURANT DANCE CLASS I & II 1083 TONAWANDA (NORTH) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Restaurant Dance Class I & II License located at 1083 Tonawanda and find that as to form is correct. I have caused an investigation into the premises for which said application for a Restaurant Dance Class I & II license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Lawrence Mattison. The attached thereto for Lawrence Mattison d /b /a Fortunato's. 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 21, 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 I & II License to Lawrence Mattison, d /b /a Fortunato's, located at 1083 Tonawanda. PASSED AYES - 8 NOES — 0 NO. 34 SECOND HAND DEALER 720 ELMWOOD (DELAWARE) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 720 Elmwood and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Timothy John Cory. The attached thereto for Timothy John Cory d /b /a Lab Indigo, LLC. 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 21, 2006, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspections Services be, and he hereby is authorized to grant a Second Hand Dealer license to Timothy John Cory d /b /a Lab Indigo, LLC located at 720 Elmwood Avenue. PASSED AYES - 8 NOES -0 NO. 35 SIDEWALK CAFE LICENSE 115 CHIPPEWA WEST (ELLICOTT) The Common Council approved a sidewalk cafe for the restaurant located at 115 Chippewa West on March 22, 2005 (C.C.P. #70). The restaurant, formerly known as Guido Feinberg's Sports Deli, is now owned by Andrew D'Aloisi and called Bada Bing. Mr. D'Aloisi has requested permission to install a similar cafe. The Department of Permit & Inspection Services has no objection to you Honorable Body authorizing the Commissioner to issue a "mere license" to encroach City right of way provided all conditions in the above mentioned approval are met. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 36 CONSULTANT SERVICE AGREEMENT WITH BACK TO BASICS I request that your Honorable Body authorize the Commissioner of Community Services to enter into a Consultant Agreement with Back to Basics, Inc. for a fee not to exceed $48,000. Attached please find a Consultant Service Agreement in which Back to Basics will be paid a fee for the referral of at least sixty (60) clients within the terms of this Agre Abuse Services. REFERRED TO THE COMMITTEE ON FINANCE. NO. 37 BOUNCER LAW ITEM NO. 106 CCP 6/27/06 This correspondence is in response to the Common Council's request for comments and /or recommendations concerning item # 106 CCP June 27, 2006 regarding the proposed ordinance amendment Chapter 372 "Bouncer Law ". The Office of the City Clerk has the following comments, recommendations and concerns: 1.) The proposed ordinance amendment in its current form has the registration application submittal with the City Clerk's Office and the actual issuance of the registration with the Department of Permits & Inspection Services. The City Clerk's Office would recommend that file process, both submittal and issuance be completely contained within one of the aforementioned departments as so determined by your Honorable Body. 2.) This Office recommends that the "Background Investigation" be accomplished via the applicant submitting his or her Original Record Check as a component to their application submittal. 3.) Enforcement and on -site inspections would have to be the responsibility of the Buffalo Police Department as they are the only City Agency equipped to provide the necessary enforcement to regulate this ordinance. 4.) This Office would also recommend instituting a fine schedule in Chapter 137 "Code Enforcement" for "Unregistered Bouncers" and "Establishments with Unregistered Bouncers" so that the City and specifically the Buffalo Police Department has an instrument with which to "encourage" compliance. 5.) This Office would recommend a cost of service "Registration Fee" for the processing of the application and the issuance of the "Bouncer Registration Picture ID Badge ". 6.) As the City Clerk's Office is currently operating with very limited office square footage considering the various components (i.e. dog licenses, birth, death and marriage certificates) and thousands of "customers" that we are currently providing services, should this honorable body determine that the Clerk's Office is the appropriate City Agency to process and issue "Bouncer Registrations ", the Common Council would seriously have to consider expanding on the Clerk's current office accommodations. Finally, the City Clerk's Office will cooperate and work with the Common Council in whatever capacity your Honorable body deems appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 38 NOTIFICATION OF CITY ORDINANCES To avoid any further miscommunication, our office will E -mail a copy of all City Ordinance Amendments with the date of Council Approval, and the date of Mayoral Approval to all Department Heads. We also provide a final agenda, and put the full Common Council Meeting up on the City Homepage in a very timely manner. With the help of Council Staff, we will be setting up a meeting with Department Heads to show them how to look up various Ordinances using our City Hall Intranet. As always, we are willing to provide copies of any and all ordinances to the various departments, and will assist the departments and the general public in any way we can. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 39 MOU WITH BUFFALO BOARD OF EDUCATION Attached please find the signed MOU between the City Clerk's Office and the Buffalo Board of Education as approved by this Honorable Body for the continued use of the off -site Record Center located at 85 River Rock Drive. RECEIVED AND FILED. NO. 40 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 199 Delaware Avenue Club W Inc. Christopher M. Wahl 256 Allen Street no name given Shepard Allen RECEIVED AND FILED. NO. 41 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 -J. Glenn, D. Sole Police -L. Wilson Fire -J. Gray RECEIVED AND FILED NO. 42 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- 7/3/06 RECEIVED AND FILED NO. 43 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Bonifacio moved the approval of the appointments to the position of Council Intern. ADOPTED Appointment Effective July 10, 2006 in the Department of Common Council, Division of City Clerk, to the position of Intern VI, Seasonal Appointment, at the flat starting salary of $10.00 /hr. Kathleen Harrington 89 Milford Street Buffalo, NY 14220 Appointment Effective June 30, 2006 in the Department of Common Council, South District, to the position of Intern VI, Seasonal Appointment, at the flat starting salary of $10.00 /hr. Mark Rogowski 125 Ridgewood Buffalo, NY 14220 Appointment Effective June 30, 2006 in the Department of Common Council, South District, to the position of Intern 11, Seasonal Appointment, at the flat starting salary of $6.75/hr. Nicole Krug 320 Potters Road Buffalo, NY 14220 Appointment Effective June 26, 2006 in the Department of Common Council, Division of City Clerk, to the position of Intern VI, Seasonal Appointment, at the flat starting salary of $10.00 /hr. Martin Cole 143 Stockbridge Buffalo, NY 14215 Appointment Effective July 1, 2006 in the Department of Common Council, Lovejoy District, to the position of Intern I, Seasonal Appointment, at the flat starting salary of $7.00 /hr. Dajon Tate 254 Roslyn Street Buffalo, NY 14215 Appointment Effective July 3, 2006 in the Common Council, Division of Common Council, to the position of Intern VI, Seasonal, Non - Competitive, at the flat starting salary of $10.00 /hr. James Brem 921 Main St. Buffalo, NY 14203 Appointment Effective July 10, 2006 in the Common Council, Division of Common Council, to the position of Intern 11, Seasonal, Non - Competitive, at the flat starting salary of $6.75/hr. Clair M. Franczyk 70 Clarendon PI. Buffalo, NY 14209 Natalie M. Franczyk 70 Clarendon PI. Buffalo, NY 14209 NO. 44 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 July 10, 2006 in the Department of Community Services, Division of Youth, to the position of Intern V, Seasonal Appointment, at the flat starting salary of $8.00 /hr. Howard Brackett III 78 Monticello PI. Buffalo, NY 14214 Alvin Thomas 59 Landon St. Buffalo, NY 14208 Patricia Slaughter 240 Wilson St. Buffalo, NY 14212 Lilian Henderson 100 Wakefield Ave. Buffalo, NY 14214 Ada Hopson - Clemons 56 Courtland Ave. Buffalo, NY 14215 Bernard Howard 149 Southside Pkwy. Buffalo, NY 14220 Gwen Neal 152 Warwick Ave. Buffalo, NY 14215 George Stokes 183 Weston Ave. Buffalo, NY 14215 Alonzo Barnes 511 Cambridge Ave. Buffalo, NY 14215 Appointment Effective July 5, 2006 in the Department of Community Services, Division of Youth, to the position of Intern V, Seasonal Appointment, at the flat starting salary of $8.00 /hr. Irene Cardwell 47 Thornton Avenue Buffalo, NY 14215 LaToya Burnett 76 Rickert Avenue Buffalo, NY 14211 Bianca Rodriguez 804 West Avenue Buffalo, NY 14213 Michelle Fortson 27 Girard Place Buffalo, NY 14211 Appointment Effective July 10, 2006 in the Department of Common Council, Division of City Clerk, to the position of Intern II, Seasonal Appointment, at the flat starting salary of $6.75/hr. Erin Riles 498 Glenwood Avenue Buffalo, NY 14208 Kevin Ford 201 Carl Buffalo, NY 14215 Sean Smith 114 Arden Ave. Buffalo, NY 14215 Jasmine Wofford 46 Pansy Place Buffalo, NY 14208 Monique Prince 128 Durham Ave. Buffalo, NY 14215 Moriah Kelly 495 Woodlawn Ave. Buffalo, NY 14208 Duerell Brown 111 Wright Ave. Buffalo, NY 14215 Malika Lee 48 Freund St. Buffalo, NY 14211 Monteiro Hinkle 19 Donaldson Road Buffalo, NY 14208 Prescious Scott 330 Florida St. Buffalo, NY 14208 Appointment Effective July 5, 2006 in the Department of Common Council, Division of City Clerk, to the position of Intern II, Seasonal Appointment, at the flat starting salary of $6.75/hr. Danielle Girst 471 Sherman St. Buffalo, NY 14211 Angel Rodriguez 12418 th St. Buffalo, NY 14213 Alexandrea White 84 Avery Avenue Buffalo, NY 14216 Bobby Boyd 501 Winspear Avenue Buffalo, NY 14215 Dominique Matthews 104 Virgil Avenue Buffalo, NY 14216 Felicia Towns 34 Viola Park (Rear) Buffalo, NY 14208 Aaron Douglas 484 Hewitt Avenue Buffalo, NY 14215 Danielle Jackson 137 Blaine Avenue Buffalo, NY 14208 Carl Thompson 811 Humboldt Pkwy. Buffalo, NY 14208 Chad Taylor 360 Linwood Avenue Buffalo, NY 14209 Malcolm Lott 691 Humboldt Pkwy. Buffalo, NY 14208 NO. 46 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 July 10, 2006 in the Department of Community Services, Division of Youth, to the position of Intern V, Seasonal Appointment, at the flat starting salary of $8.00 /hr. Tracey Mullen 223 Winslow Avenue Buffalo, NY 14215 Appointment Effective July 10, 2006 in the Department of Common Council, Division of City Clerk, to the position of Intern II, Seasonal Appointment, at the flat starting salary of $6.75/hr. Shakora Purks 189 Hughes Ave. Buffalo, NY 14208 NO. 46 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 ECONOMIC DEVELOPMENT, PERMIT & INSPECTION SERVICES Appointment Effective June 26, 2006 in the Department of Economic Development, Permit & Inspection Services, Division of Licenses, to the position of Clerk, Provisional, at the minimum starting salary of $25,162. Paul Wie 430 Connecticut Street Buffalo, NY 14213 DEPARTMENT OF HUMAN RESOURCES Appointment Effective July 5, 2006 in the Department of Human Resources, Division of Compensation & Benefits, to the position of Benefits Manager, Temporary, at the minimum starting salary of $35,483. Donna Clark 4195 Route 219 #27 Salamanca, NY 14779 OFFICE OF MAYOR Appointment Effective in the Office of the Mayor, Division of Citizen Services, to the position of Complaint Clerk, Temporary, at the minimum starting salary of $27,174. Wanda Strong Howard 31 Rawlins Avenue Buffalo, NY 14211 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 47 NO TAXATION WITHOUT REPRESENTATION Dear City of Buffalo, Thank you for aggressively enforcing Buffalo's dog licensing laws. By your own estimations, there are at least 10,000 unlicensed dogs in Buffalo. I am glad you reminded me how many dog owners live in this city —we're a force to be reckoned with, and we vote! That said, I've noticed you are collecting $12.50 for each neutered /spayed dog and $20.50 for each intact dog (an average of $16.50 per dog). I am sure you already know this amounts to $165,000.00 per year or a whopping $1,650,000.00 every ten years. And that's only for dogs that are currently without licenses! If we factor in the 12,000 dogs that have already been licensed and countless $25.00 fines imposed for dogs caught off leash, it is clear that Buffalo dog owners will, over a ten year period, be paying you well over $3 million dollars! I hope you aren't expecting to pocket this money without giving something back to our rather large community of dog owners. As resident of Buffalo, I already pay my fair share of taxes towards roads, schools, parks, and your salaries. As a dog owner in Buffalo, I want a portion of my licensing fee(s) to go towards TWO (long overdue) fenced -in dog parks —one for little dogs, one for large dogs. Thank you in advance for putting these dog parks in place!!! Name_ Corina Berman Address 803 Potomac Avenue Phone _ 716- 885 -3448 Number of dogs in my household 1 Number of registered voters in my household 2 P.S. Hundreds of thousands of dollars ought to buy us two lots of land in a nice area of the city. Don't even think about putting these dog parks on contaminated land or in dangerous neighborhoods. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 48 FRIENDLY FRUITBELT NEIGHBORHOOD BLOCK CLUB INC. Dear Mr. Chwalinski, Please file the attached item for further discussion at the next Common Council session to be held July 11,2006. Copies of the petitions can be found in the City Clerks office for review if necessary. Thank you in advance for your assistance in this matter. July 4. 2006 The Honorable Byron W. Brown Office of the Mayor City Hall Buffalo, NY 14202 Dear Mayor Brown; Councilmember Davis, Fax 851 -6676 On June 29, 2006, officers of the Friendly Fruitbelt and Cherry Street block clubs met with representatives of the State Department of Transportation for an update on the Kensington Expressway project referenced as PIN 6612.46, It was chaired by Craig Mozrall, Assistant Regional Design Engineer. [We had been concerned that the project might be in jeopardy of deletion and had written to Alan E, Taylor, DOT Regional Director. In response, we received an assurance letter that the project is definitely alive- construction is expected to begin in the spring of 2008 - the scope has been expanded - the above meeting ensued] In background, the project is an Environmental Initiative (i.e., the environment adjacent to the highway pavement lying between the curbs). The goal is to rectify the impact to the areas brought about by the Expressway's construction. Our sites were chosen due to the disruption to these neighborhoods from that construction. (For the Fruitbeit the construction far exceeded mere disruption, the connector street [Cherry Street] was actually severed from the other Fruitbeit streets.) It includes replacement of the Expressway ratlings. Also, narrowing Cherry Street and the BFNC {Service] Road in order to provide a landscaped buffer between those roadways and the expressway. The areas are extensively used thoroughfares and Increasingly travel arteries for the expanding Medical Corridor. Our input on design aspects of the spaces (rail replacements, landscaping, etc.) has been requested and received since the year 2000. The Fruitbeit has suffered the eyesore of the Expressway's rusted railings, overgrown weeds and non - existent landscaping for decades. Therefore, we have articulated our vision that the enhancements need to go beyond just providing a pleasant drive -by experience. They should be in the realm of making the areas somewhat City attractions. (For example, we have discussed perhaps adding a creative flair via stamped concrete pavements or concrete flower containers bearing African symbols - such as those used by the Akans of Ghana. They have symbols for knowledge, wisdom, peace, etc.) Now, Mayor Brown, here is our reason for writing to you. We are requesting that Betterment funds be allocated by the City to provide appropriate, new street lamps In coordination with the State's efforts. That addition would help make the BFNC Road the welcome committee for the Medical Corridor and Cherry Street the good -bye / have a nice day committee. A response would be greatly appreciated. We are carbon copying the other officials in hopes they will lend their support REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 49 FIRST CALVARY MISSIONARY BAPTIST CHURCH Dear Mr. Chwalinski, Please file the attached item for further discussion at the next Common Council session to be held July 11,2006. Copies of the petitions can be found in the City Clerks office for review if necessary. Thank you in advance for your assistance in this matter. Dear Councilmember Davis, My name is Calvin Wilkins and I am writing to you on behalf of First Calvary Missionary Baptist Church, located at 467 William Street. I am a Trustee of the church, which is located on the corner of William Street and Jefferson Avenue in the City of Buffalo. Due to the fact that our church has a missionary focus, in addition to our regular church services, we provide a free after school program and a food pantry that is open to the public. Our church ministry in the Ellicott District and the entire community is flourishing, the church is beginning to explore the options of future building expansion. In order to make this possible, the church would like to exchange our lot #32 at 335 Jefferson Avenue (which is located further down the street from the church) with the City of Buffalo, which owns lot #38, located right next to the church building. Our lot is 110x30 sq. feet and the City's lot is 125x25 sq. feet. It is the request of the church that this exchange be an even exchange and not involve a fee. In closing, I would like to say that this exchange of property will benefit and improve the Ellicott District, in which most of our members are from. We are not only trying to uplift the Kingdom of God on the corner of William and Jefferson, we are trying to uplift the City of Buffalo. I have enclosed a layout of the property discussed. In the event that you would like to contact me for more information, you can reach me at (716) 834- 1822. 1 thank you in advance for any assistance you may be able to provide in this matter. Sincerely, Calvin Wilkins, Trustee of the Church REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ECONOMIC DEVELOPMENT, PERMITS AND INSPECTIONS, THE COMMISSIONER OF ASSESSMENT AND TAXATION, THE CORPORATION COUNSEL AND THE DIRECTOR OF STRATEGIC PLANNING NO. 50 J. GOLOMBEK -R. HEFFERN- OPPOSE CASINO CITIZENS AGAINST CASINO GAMBLING IN ERIE Mr. Joseph Golombek Jr. Community Development Chair Buffalo Common Council Room 1308 City Hall Niagara Square Buffalo, NY 14202 Mr. Golombek, I write to you as a citizen of Buffalo and also as a Co -chair of CACGEC. My concern is the proposed Seneca Nation casino and the harm it can do to Buffalo. It has come to our attention that the Council Members have met with the Seneca Nation. We think it would be appropriate to meet with a small delegation of our organization to hear some other perspectives. A recent Buffalo News story indicates a push to get a greater share of revenues from the compact, as if this will eliminate any problems connected with a casino, and it won't. The basis of our objection has to do with economic issues: disposable income taken from taxpaying enterprises and going to a non - taxpaying casino; the loss of income, customers and jobs to a casino. All research shows that the job losses will exceed jobs gained at a casino. The bottom line is that a casino is NOT an economic development tool. I address this letter to you but also will have copies sent to all of your colleagues and look forward to meeting with the Council, not as a hearing but simple to candidly discuss the issues. You can reach me by mail at the address below or by email at bkheff @hotmail.com or by phone at 854 -5820. Robert J. Heffern 217 Lakefront Blvd. Buffalo, NY 14202 REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 61 J. GOLOMBEK- BERC BOARD OF DIRECTOR'S MEETING SUMMARY 6/21/06 New Board Member - Carolyn Murray Director of Business Development for the Plaza Group has joined BERC as a new Board member. Ms. Murray takes the place of Patricia Duffy who resigned from the Board. Loan Figures For Past 3 Years - June -Mav 2004 2005 2006 Loans Closed $1.8 million $3.1 million $1.3 million # of Loans 21 30 14 Some Board members expressed concern regarding the numbers for 2006. The $1.3 million figure for 2006 is largely for two loans totaling $800,000. Councilmember Thompson raised concern that only 2% of BERC loans have gone to minority businesses. Mr. Wannamaker explained that sufficient marketing did not take place for the most recent fiscal year, which will be corrected for the coming year. Creating a Loan Funding Pool - Wannamaker is working on establishing a $2 to $4 million loan pool with area lenders. The purpose of the loan pool will be to provide loans to people who do not qualify for a typical bank loan. BERC typically provides gap financing to businesses that have bank financing but have a funding shortage. Providing 100% financing to individuals or businesses that are unable to obtain bank financing will be a significant policy change for BERC and a much more risky undertaking. BERC Needs Small Contractors - BERC is providing CARE loans to businesses for smaller projects. A recent RFP for a $25,000 project received a response from 1 contractor. Many more RFP's will be needed to complete CARE projects. These smaller RFP's are a good opportunity for small businesses. Councilmembers may be able to help spread the word to contractors in their districts. Artvoice Project - At the May meeting the Board requested the owners of Artvoice to provide a personal guarantee as collateral for a $500,000 loan. Artvoice has responded to this request by requesting that the need for personal guarantees be waived. The Board is unwilling to waive the requirement for personal guarantees. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 62 COMPLAINTS TOSH COLLINS CTR I am writing in response to numerous complaints that my office has received in regards to the Tosh Collins Community Center in South Buffalo. Since the County assumed responsibility for this facility as part of the City /County Parks agreement, there has been a noticeable lack of routine maintenance at Tosh Collins. The last time that I checked, nearly half of the light fixtures in the gym were burnt out and the bathrooms were lacking in basic supplies like paper towels and toilet paper. Many residents are dismayed that a number of popular programs have been discontinued. It is understandable that with a changeover in management that programming may need to be adjusted. Restoring several of these programs however would require little or no increase in personnel from what you currently employ. These include reintroducing the adult's men's basketball league, the summertime youth programs that were formerly operated four days a week, the weekly counseling educational workshops, the various youth field trips that were formerly offered, and the youth holiday parties. I do not believe that your Department would ever intentionally allow this facility to fall into a state of disrepair, but if these ongoing problems continue to remain unaddressed, I will be unable to draw any other conclusion. I intently await your response, and in the meantime will be filing this letter before the Common Council. Thank you for your cooperation in the prompt resolution of this matter. Sincerely, REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 63 M. KEARNS -TREE TRIMMING CHOATE AVENUE Dear Mr. Meyerhofer, I am writing to thank you for taking the time to meet with the residents of Choate Ave. and myself on Wednesday to address some of the concerns that have been expressed by residents in regards to tree trimming. As you were able to observe for yourself, some of the tree trimming performed by Lewis Contracting could be described as excessive. I had received, and continue to receive, numerous calls to my office in regards to this matter. During our meeting, Jack, National Grid's tree expert, advised me that it was his opinion that several of the trees on Choate Ave. were in need of removal. His opinion was based on the fact that these trees were of a kind considered unsuitable for areas with limited green space. Of the approximately 50 trees on Choate, those trees located at the following addresses are the greatest nuisance and could pose a danger to residents: 193 Choate 161 Choate 189 Choate 157 Choate 181 Choate 151 Choate 177 Choate 143 Choate 173 Choate 103 Choate 169 Choate 73 Choate 165 Choate 57 Choate I have directed my Assistant to set up a meeting between the Dept. of Public Works, National Grid, and myself to discuss how this problem could best be addressed. Thank you for your cooperation in the prompt resolution of this matter. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 64 WATERFRONT DEVELOPMENT COMMITTEE Please file the attached Article from the Buffalo News "More Talks Planned on Outer Harbor ", dated June 4, 2006. Please refer this item to the Waterfront Development Committee. Thank you. Attached item available for review in the City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT NO. 55 PAVEMENT REHAB: MILLING & SUPERPAVE PAVING ON RTE 384, DELAWARE AVE (NOTTINGHAM TERR TO KENMORE AVE) - CITY OF BUFFALO Dear Mr. Chwalinski: This is to advise you that the completed work on the above -noted contract was officially accepted by the New York State Department of Transportation on June 20,2006. As per the Project Proposal for D259938, Page 257: After acceptance of this contract, the State will resume maintenance of the highway. All intersecting roads, highways, or streets not on the State highway system shall be maintained by the agency or local unit of government having jurisdiction beyond the outside edge of shoulder, curb line, or back of ditch of the State highway across the intersection. This letter serves as a courtesy to notify you that the contractor for this project, Holmes & Murphy, Inc., is no longer directly involved in roadway maintenance. Very truly yours, ALAN E. TAYLOR, P.E. REGIONAL DIRECTOR RECEIVED AND FILED NO. 56 REG OF SITES HAZ DISPOSAL Dear Mr. Chwalinski: The New York State Department of Environmental Conservation (Department) maintains a Registry of sites where hazardous waste disposal has occurred. Property located -at 1001 East Delavan Avenue in the City of Buffalo within Erie County, and designated as Tax Map Numbers 90.71 -4 -29.1, 90.71 -5 -28.1, 90.72 -1 -43, 90.72 -1 -44, 90.79- 3 -4.1, 90.80 -4 -3, 101.24- 1 -1.1, and 101.24 -1 -3, was added as a Class 2 in the Registry. The name and site I.D. number of this property as listed in the Registry is American Axle Plant, Site No. 915196. The Classification Code 2 indicates that the site is a significant threat to public health or the environment - action required. We are sending this letter to you and others who own property near the site listed above, as well as the county and town clerks. We are notifying you about these activities at this site because we believe it is important to keep you informed. If you currently are renting or leasing your property to someone else, please share this information with them. If you no longer own the property to which this letter was sent, please provide this information to the new owner and provide this office with the name and address of the new owner so that we can correct our records. The reason for this classification decision is as follows: The petroleum hydrocarbons contaminated with PCBs are impacting the main sewer. The sewer is a combined sewer which allows direct discharge into the environment. Remediation is required to address environmental problems due to contamination at the plant site. If you have any questions or seek additional information, please contact me at 518- 402 -9553, or in writing using the address given above. Sincerely, REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT, PERMITS AND INSPECTIONS AND THE DIRECTOR OF STRATEGIC PLANNING NO. 57 PHASE II STORMWATER REGULATIONS Dear Municipal Board Members: The Western New York Stormwater Coalition received a grant from the New York State Department of Environmental Conservation to provide assistance with implementation of two required local laws to support the Phase II Stormwater regulations. The Coalition members have decided to adopt model laws that were developed by NYSDEC. The grant provides up to $7,000 per municipality for expenses related to local law implementation ($3,000) and the establishment of fees or other funding mechanisms ($4,000) to support your local stormwater program. As a member of the Western New York Stormwater Coalition, your municipality is entitled to the resources available through the grant funding. The Coalition representatives have met with a number of municipal attorneys and have identified three options for utilizing the funds. 1. Hire one attorney either through a professional services contract with a private firm or as an employee of one of the municipalities. The services of the attorney would be available to all of the Coalition municipalities to assist with local law implementation and developing funding mechanisms; The attorney would receive direction from the Coalition Board and work to address the collective needs of the Coalition as well as address the individual needs of each of the members; 2. Allow Coalition municipalities to access the grant funds (up to $7,000.00) to use their own municipal attorneys to implement the local laws and establish funding mechanisms. Each municipality will be required to submit a workplan and budget to demonstrate how the resources will be utilized and how the proposed work meets the objectives of the State grant. Each municipality will be reimbursed for their expenses once they provide documentation that the work is complete. The workplan, budget, expenses and documentation will be in accordance with the State contract; and, 3. Opt out of the local law implementation grant funded assistance altogether. However, it must be noted that adoption of the local laws is required by NYSDEC's Phase II Stormwater regulations. This is State funding through the Environmental Protection Fund which will be used for Stormwater projects in other parts of the state should we choose not to accept all or part of the funds. It is imperative that the Coalition members reach a consensus on how to proceed with the local law implementation process. Your municipal representative for the Coalition has been copied on this correspondence. Please reply back to me by July 31, 2006 with a decision regarding the options listed above. If you have any questions or would like additional information, call Jerry Knoll of the Village of Hamburg at 649 -4953. Sincerely, Mary C. Rossi REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT, PERMITS AND INSPECTIONS AND THE DIRECTOR OF STRATEGIC PLANNING NO. 58 INFO USED CAR DEALER Please Be advised that I am in receipt of your, letter dated June 20,2006. It is and was my understanding at the time of application and at the legislation Committee Meeting in May- 2006 that 3 will Be limited to a maximum of five (5) vehicles fox sale at one time. 3 can without hesitation commit to that. With the understanding that I also have a repair shop and inspection license and those vehicles that will Be there should not be confused with vehicles that ate fox sale. Vehicles on my property for those specific purposes Belong to customers. Your application for a Used Car Dealer, located at 227 Paderewski, is currently tabled in the Common Council's Committee on Legislation. If approved by the Common Council, your license would allow a maximum of five, (5), vehicles on the property for sale at one time. The Legislation Committee Members, request that you file a correspondence with the Common Council, acknowledging your commitment to abide with the vehicle limit. If approved, failure to comply with approval conditions, may result in a hearing and possible revocation of your license. Your letter may be filed with the Common Council, 1308 City Hal!, Buffalo NY 14202, at your earliest convenience. Sincerely, Lisa M. Collin REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 59 DEMO-H-0 OATS GRAIN SILOS Dear Common Council: This is in answer to the Common Council's recent request to this office for a response to the Council's Resolution #125CCP regarding the demolition of the H -O Oats grain silos by the Seneca Nation. This request and a copy of the resolution was sent by cover letter from Ms. Mary Baldwin addressed to former Regional Director Mr. Gerald Mikol. As noted in the resolution, the New York State Department of Environmental Conservation (Department) has no jurisdiction over this activity. It is our understanding that the USEPA has been monitoring the demolition and has reviewed and approved demolition plans which include provisions to prevent asbestos from leaving the site and impacting either workers or residents. Presumably, they will share any relevant information with City officials and with the public. Please note as well that the Department has neither the responsibility nor the capability to evaluate human health impacts. In New York State, this responsibility would normally fall to the relevant State and local Departments of Health; although in this case, again, the USEPA is the appropriate regulatory agency. The Department's only regulatory role in this process is that if the disposal of debris occurs in New York State, it must be at a facility authorized to accept such waste, which could include either a permitted construction and demolition debris landfill or municipal waste landfill. Please feel free to call me or my staff should you have additional questions or concerns. Sincerely, Abby M. Snyder Acting Regional Director REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 60 NEW YORK STATE DEPARTMENT OF TRANSPORTATION DESIGNATION OF RESTRICTED HIGHWAY PEACE BRIDGE RAMP Pursuant to Section 104a of the Highway Law the following described highway: Peace Bridge Plaza Ramp "B" to Southbound 1 -190. All in the City of Buffalo, Erie County. which is being reconstructed under Contract No. D 260213 is hereby designated as a Restricted Highway. Designation of restricted highway shall expire on October 31, 2006 Pursuant to Section 1625 of the Vehicle and Traffic Law ail movement of vehicles, persons or animals on such highway is hereby restricted and regulated in accordance with the determination of the Commissioner of Transportation as evidenced by posted signs, signals or barriers placed along said highway and /or by directions by an authorized representative of the Commissioner of Transportation. Any action taken by the Commissioner of Transportation pursuant to Section 1625 of the Vehicle and Traffic Law shall supersede any other provisions of the Vehicle and Traffic Law where inconsistent or in conflict with respect to the following enumerated subjects: 1. Establishment of maximum and minimum speed limits at which vehicles may proceed along any such restricted highway. 2. Weights and dimensions of vehicles. 3. Use of such restricted highway by pedestrians, equestrians, and animals. 4. Parking, standing, stopping and backing of vehicles. 5. Control of persons and equipment engaged in work on such highway. The provisions of the Vehicle and Traffic Law with respect to registration shall not apply to vehicles and equipment engaged in work on such restricted highways. When used on such restricted highways, all traffic control devices shall be considered as official traffic control devices and shall conform to the manual and specifications for a uniform system of traffic control devices adopted by the Department of Transportation. RECEIVED AND FILED NO. 61 FACT SHEET CLEANUP ACTIVITIES TO BEGIN AT EAST FERRY STREET SITE IN BUFFALO NYS DEPARTMENT OF ENVIRONMENTAL CONSERVATION SITE NO. 9 -15 -175 INTRODUCTION New York State Department of Environmental Conservation (DEC) and The New York State Department of Health (DOH) are pleased to inform you that environmental cleanup activities will soon begin at the East Ferry Street site in Buffalo, Erie County. To update you about upcoming site cleanup activities, a public meeting will be held on July 11, 2006, at which DEC representatives will discuss site cleanup activities and be available to answer questions. (See box at left for meeting details.) Project related documents are also available for your review at the locations listed on the back of this page. National Environmental Services Corporation from Bloomington, Indiana is the contractor that has been selected by the State to perform cleanup activities at the East Ferry Street site. Cleanup work at the site will be performed under the New York State Superfund program at an estimated cost of $7,693,000. This fact sheet is being provided to invite you to the July 11th public meeting, to explain the upcoming cleanup activities at the East Ferry Street site, and to provide you with contact information should you have further questions about the site. SITE BACKGROUND The 858 East Ferry Street site is located in a mixed commercial, residential, and industrial area in the City of Buffalo. (See site map at right.) The past disposal of hazardous waste at the site has contaminated soil at the site and adjacent properties. The major contaminant found at the site is lead. Based on environmental investigations conducted at the site, DEC selected an appropriate plan for site cleanup. The plan includes the excavation and removal of 87,200 cubic yards of contaminated soil from the site and off -site properties, treatment of the soil on -site, and disposal of the treated soil in an approved landfill. A public meeting was held in June 2005 to present this cleanup plan. RECEIVED AND FILED PETITION NO. 62 S. GIKAS, OWNER, USE 528 ELMWOOD AVENUE OUTDOOR CAFE (NIAGARA), (HRG 7/18) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARDAND THE CORPORATION COUNSEL NO. 63 J. GLOSE, AGENT, USE 2197 SENECA STREET ILLUMINATED GROUND SIGN (SOUTH) (HRG 7/18) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE CORPORATION COUNSEL NO. 64 S. MANKS, AGENT, USE 1670 SENECA ST FOR A ONE STORY DRIVE THRU FAST FOOD FACILITY (SOUTH) (HRG 7/18) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE CORPORATION COUNSEL NO. 65 N. KOTRIDES, OWNER, USE 1435 HERTEL FOR A SIDEWALK CAFE (DELAWARE) (HRG 7/18) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE CORPORATION COUNSEL NO. 66 T. FANTI, AGENT, USE 777 MAIN ST.- OUTDOOR CAFE (ELL) (Name of Agent, Owner) (Address) - (Project) (Phone #) (523 -9571) 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. 67 W. PIERCE - OPPOSE RESTAURANT - 619 -623 AUBURN Attached you will find a petition from the residents of the Auburn- Ashland residents in the City of Buffalo opposed to the proposed restaurant at 619- 623 Auburn Avenue. The 95 residents who signed the 9 page petition are opposed to the problems that a restaurant located on a neighborhood side street would bring to our community. These problems would threaten the quality of life in our neighborhood and include: increase in noise, increase in the number of cars needing parking spots in an already over saturated neighborhood, increase traffic, and create smells from the restaurant dumpster. We ask that the City of Buffalo deny the Special Use Permit. We further ask that you require the property owner to correct any existing building code violations and bring the two buildings up to City of Buffalo building code. Given the many successfully renovated mixed use commercial retail or office properties on Elmwood Avenue, we know that the property owner can receive a good return on investment if he makes these improvements. RECEIVED AND FILED. REGULAR COMMITTEES CIVILSERVICE(BONNIE E. RUSSELL, CHAIRPERSON) NO. 68 APPOINTMENT SUPV. OF SLUM & BLIGHT (INTER) (EDPI) (ITEM NO. 29 -JUNE 27, 2006) That Communication 29, June 27, 2006 be received and filed and the temporary appointment of Brian Higgins stated above at the intermediate starting salary of $46,849.00 effective on June 12, 2006 is hereby approved. PASSED AYES -8. NOES -0. NO. 69 APPOINTMENT TELLER - (INTER #3)(A &F) (ITEM NO. 30 -JUNE 27,2006) That Communication 30, June 27, 2006 be received and filed and the provisional appointment of Madalene J. Merkl stated above at the intermediate starting salary of $29,384.00 effective on June 19, 2006 is hereby approved. PASSED AYES -8. NOES -0. NO. 70 TELLER - (INTER #4) (A &F) (ITEM NO. 31 -JUNE 27,2006) That Communication 31, June 27, 2006 be received and filed and the provisional appointment of Louisa Cancilla stated above at the intermediate starting salary of $30,267.00 effective on June 19,2006 is hereby approved. PASSED. AYES -8. NOES -0. NO. 71 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM (C. CLK.) ( #39,6/27) That the above item be and the same hereby is received and filed. ADOPTED FINANCE (BRIAN C. DAVIS, CHAIRMAN) NO. 72 B. DAVIS -J. RAYBURG -COE PLACE (#43,6/27) That the above item be and the same hereby is received and filed. ADOPTED NO. 73 R. CUNNINGHAM & O -REQ. DENIAL OF BELMONT SHELTER CORP. TO DEMOLISH 19 COE PLACE (ELL) ( #57,6/27) That the above item be and the same hereby is received and filed. ADOPTED NO. 74 R. CUNNINGHAM & O -REQ. COB RETAIN PROPERTIES- 17,23 & 29 COE PLACE (ELL) ( #58,6/27) That the above item be and the same hereby is received and filed. ADOPTED NO. 75 RENEW LEASE AGREEMENT 877 EAST DELAVAN - METRO COMMUNITY DEV. CORP. (ITEM NO. 4, C.C.P., MAY 2, 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 and the same hereby is recommitted to the Committee on Finance. ADOPTED NO. 76 RENEW LEASE AGREEMENT 378 URBAN - C.R.U.C.I.A.L. (ITEM NO. 5, C.C.P., MAY 2, 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 and the same hereby is recommitted to the Committee on Finance. ADOPTED. NO. 77 RENEW LEASE AGREEMENT 70 VINCENNES - NEIGHBORHOOD FOOD PANTRY (ITEM NO. 11, C.C.P., JUNE 13, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Davis moved: That the Director of Real Estate be, and he hereby is authorized to renew the lease between the City and the Neighborhood Food Pantry, for use of 70 Vincennes (a /k/a 62 Republic) for an additional five (5) year term commencing on June 1, 2006 and expiring May 31, 2011. All other terms and conditions of said lease agreement shall remain including but not limited to those that are listed above. That the Corporation Counsel be authorized to prepare the necessary lease and that the Mayor be authorized to execute the same. PASSED AYES -8. NOES -0. NO. 78 B. RUSSELL -REQ. TRANSFER OF INTEREST - BAILEY AMHERST BUS. DIST. ASSN. AGREEMENT WITH COB (#49,5/30) That the above item be and the same hereby is received and filed. ADOPTED NO. 79 TRANSFER OF INTEREST - BAILEY /AMHERST BUS. IMPR. DIST. ASSN. (COMPT) ( #23,6/13) That the above item be and the same hereby is received and filed. ADOPTED NO. 80 B. RUSSELL -REQ. TRANSFER OF INTEREST - BAILEY AMHERST BUS. IMPR. DIST. ASSN. AGREEMENT W /COB (ASSESSMENT /TAX) ( #24,6/13) That the above item be and the same hereby is received and filed. ADOPTED NO. 81 RESULTS OF NEGOTIATIONS- 17,13 AND 29 COE (ITEM NO. 16, C.C.P., JUNE 13, 2006) That the offer from Michael Riegel, Vice President of Finance & Administration, of Belmont Shelter Corporation, 1195 Main Street, in the sum of three thousand and nine hundred dollars ($3,900.00) for the purchase of 17,13 and 29 Coe, be and they hereby are accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES- BONIFACIO, DAVIS, FONTANA, KEARNS, LOCURTO, & THOMPSON -6. NOES - FRANCZYK & GOLOMBEK -2. NO. 82 EST. A SR. CITIZEN'S DISCOUNT FOR BFLO. SEWER FEE (ASSESS /TAX) ( #10,5/16) That the above item be and the same hereby is received and filed. ADOPTED NO. 83 EST. A SR. CITIZEN'S DISCOUNT FOR BFLO. SEWER FEE (BSA) (#47,5/16) That the above item be and the same hereby is received and filed. ADOPTED NO. 84 PETITION FOR LASALLE (CENTENNIAL POOL) (PW) (#43,6/13) That the above item be and the same hereby is received and filed. ADOPTED. NO. 85 AMENDMENT - INTERMUNICIPAL COOP. AGREE. FOR THE OPER. MGMT. & IMPR. OF COB PARKLANDS (LAW) ( #30,12/27) That the above item be and the same hereby is received and filed. ADOPTED LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 86 S. VASILE, PETITION TO USE 1028 ELMWOOD AVENUE - OUTDOOR PATIO (ITEM NO. 51, C.C.P., JUNE 27, 2006) That after the public hearing before the Committee on Legislation on July 5, 2006, the petition of S. Vasile, agent, for permission to use 1028 Elmwood Avenue for an outdoor patio 8' x 16' in front of the existing restaurant be, and hereby is approved. PASSED AYES -8 NOES -0 NO. 87 J. LYONS, PETITION TO USE 1318 HERTEL AVENUE - OUTDOOR PATIO /CAFE (ITEM NO. 52, C.C.P., JUNE 27, 2006) That after the public hearing before the Committee on Legislation on July 5, 2006, the petition of J. Lyons, agent, for permission to use 1318 Hertel Avenue for an outdoor patio /cafe 8' 6" x 15' 6" in front of a 2 story masonry restaurant be, and hereby is approved. PASSED AYES - 8 NOES - 0 NO. 88 J. LIU, OWNER, USE 623 AUBURN & COMBINE 623 & 619 AUBURN - RESTAURANT (DEL) (HRG. 7/05) ( #53,6/27) That the above item be and the same hereby is received and filed. ADOPTED NO. 89 D. PROUDMAN, PETITION TO USE 346 HOPKINS - AUTO REPAIR SHOP WITH USED CAR SALES (ITEM NO. 54, C.C.P., JUNE 27, 2006) That the petition of D. Proudman, agent, for permission to use 346 Hopkins for an auto repair shop with used car sales with a maximum of 5 vehicles until drainage is added, be and hereby is approved. PASSED AYES - 9 NOES -0 NO. 90 NOTIFICATION OF CITY ORDINANCES (CITY CLERK) ( #32,6/27) That the above item be and the same hereby is received and filed. ADOPTED NO. 91 M. HOLZ - CHEEKTOWAGA -AMEND ZONING LAW ( #49,6/27) That the above item be and the same hereby is received and filed. ADOPTED NO. 92 ORDINANCE AMENDMENT - CHAPTER 437 - TAXICABS AND LIVERIES (RATES) (ITEM NO. 110, C.C.P., JUNE 27, 2006) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved: That after the public hearing before the Committee on Legislation on July 5, 2006, the Ordinance Amendment as contained in Item No. 110, C.C.P., June 27, 2006, be and the same hereby is approved. PASSED AYES -8 NOES -0 NO. 93 LOCAL LAW INTRO. NO. 13 (2006) EMPIRE ZONE #38 (ITEM NO. 112, C.C.P., JUNE 27, 2006) That after the hearing before the Committee on Legislation on July 5, 2006, the Local Law Intro. No. 13 (2006) as contained in Item No. 112, C.C.P., June 27, 2006, be and the same hereby is approved. PASSED AYES - 8 NOES -0 NO. 94 USED CAR DEALER - 461 TONAWANDA (ITEM NO. 29, C.C.P., MAY 30, 2006) (ITEM NO. 89, C.C.P., JUNE 27, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the above item be and the same is hereby received and filed ADOPTED 01 161WI1 B. DAVIS -REQ. FOR RESIDENTIAL PERMIT PKG. ( #64,2/21) That the above item be and the same hereby is received and filed. ADOPTED NO. 96 USED CAR DEALER - 2186 SOUTH PARK (ITEM NO. 42, C.C.P., MAY 16, 2006) That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Used Car Dealer License to Brandi Clark, d /b /a GFY Motor Cars located at 2186 South Park Avenue, PASSED AYES - 8 NOES -0 COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRMAN) NO. 97 REQ. FOR APPR.- LDA- TRANSFER 1106 GENESEE, 836 SYCAMORE & 182 WILSON STS. TO REVITALIZING URBAN NEIGHBORHOODS, INC. (RUN BUFFALO INC.) (HRG.7 /11) (CCP# 108 - 6/27/06) That the above item be and the same is returned to the Common Council without recommendation. A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mr. Bonifacio, seconded by Mr. Fontana the item is properly before the Common Council, and the hearing is opened. Appearances David Brody, Attorney, Run Buffalo Inc, Sandra Miller, Strategic Planning CARRIED. Mr. Bonifacio now moved that the hearing be closed. Seconded by Mr. Kearns CARRIED. Mr. Golombek moved: That after a public hearing, the Common Council does hereby designate Revitalizing Urban Neighborhoods, Inc. (RUN Buffalo) and /or other legal entity to be formed as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is approved as Redeveloper of 1106 Genesee, 836 Sycamore and 182 Wilson Streets. That the Mayor or any officer of the Buffalo Urban Renewal Agency is 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. PASSED AYES — BONIFACIO, FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, THOMPSON - 7 NOES — DAVIS - 1 NO. 98 WATERFRONT URBAN RENEWAL PLAN -ADDL. SITE DESIGNATION (HRG. 7/25) (STRAT. PLAN.) ( #2,6/27) That the above item be and the same hereby is referred to the Special Committee on Waterfront Development. ADOPTED NO. 99 D. NAPORA & OOPPOSE HIGH RISE BLDG. -PARK LANE RESTAURANT SITE ( #56,6/27) That the above item be and the same hereby is received and filed. ADOPTED NO. 100 APPROVAL OF CONTRACT FOR SALE OF LAND - PORTION OF 667 MAIN (ELL) (STRAT. PLAN) (#4,11/29) That the above item be and the same hereby is received and filed. ADOPTED NO. 101 LDA -SELL PORTION OF 667 MAIN ST.- ARTVOICE REDEV. ( #101,11/29) (HRG. 12/13) ( #113,12/13) That the above item be and the same hereby is received and filed. ADOPTED NO. 102 REQ. SPEC. PUB. HRG. ON SENECA NATION BFLO. CREEK CASINO (HRG.) ( #131,5/16) That the above item be and the same hereby is received and filed. ADOPTED RESOLUTIONS NO. 103 BY: MR. DAVIS EXCUSE COUNCILMEMBER RUSSELL FROM COUNCIL MEETING ON JULY 11, 2006 Whereas: Bonnie E. Russell, President Pro Tempore and University District Councilmember requests permission to be excused from the July 11, 2006, meeting of the Common Council; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo excuses Bonnie E. Russell, President Pro Tempore and University District Councilmember, from the July 11, 2006, meeting of the Buffalo Common Council. ADOPTED NO. 104 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: Habitat for Humanity has already paid the City of Buffalo $5617 in Waste disposal fees for 2006; 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, including the their outstanding balance in the amount of $1512; 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 the outstanding fee of $1512 and all future waste disposal fees for 2006 -2007 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. PASSED AYES - 8 NOES -0 NO. 106 BY: MR. FRANCZYK ENVIRONMENTAL PROTECTION FUND - BUFFALO RIVER GREENWAY GRANT WHEREAS, The New York State Legislature created the Environmental Protection Fund (EPF) in 1977 to provide a reliable, dedicated source of funding for a variety of key environmental programs in NYS; WHEREAS, The New York Department of State annually solicits grant applications from local government sponsors for the Environmental Protection Fund Local Waterfront Revitalization Program; WHEREAS, The Buffalo Niagara Riverkeeper is a non - profit organization based in Western New York dedicated to improving waterfront access, restoring watershed ecology, conserving river heritage and cultivating river stewardship; WHEREAS, The Buffalo Niagara Riverkeeper proposes to seek funding for the Buffalo River Greenway Implementation to help provide public access to the Buffalo River; WHEREAS, The Buffalo Niagara Riverkeeper requests sponsorship by the City of Buffalo to apply for the Environmental Protection Fund Local Waterfront Revitalization Program grant funding; 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 - 8 NOES -0 NO. 106 BY: MR. FRANCZYK ENVIRONMENTAL PROTECTION FUND - FRANK LLOYD WRIGHT'S ROWING BOATHOUSE WHEREAS, The New York State Legislature created the Environmental Protection Fund (EPF) in 1977 to provide a reliable, dedicated source of funding for a variety of key environmental programs in NYS; WHEREAS, The New York Department of State annually solicits grant applications from local government sponsors for the Environmental Protection Fund Local Waterfront Revitalization Program; WHEREAS, Frank Lloyd Wright built several structures in Buffalo, Chicago, Los Angeles and beyond and is often revered as one of America's greatest architects; WHEREAS, A destination for cultural tourism, attendance at Frank Lloyd Wright sites has reached up to 75,000 visitors annually; WHEREAS, Frank Lloyd Wright's Rowing Boathouse Corporation is a non - profit organization based in Western New York dedicated to building Frank Lloyd Wright's rowing boathouse, placing it into service for its original intended use as a working rowing boathouse and to interpret it well for all architectural tourists; WHEREAS, Frank Lloyd Wright's Rowing Boathouse Corporation proposes to seek funding for sea wall upgrades and construction completion of the Frank Lloyd Wright Rowing Boathouse in Buffalo, New York; WHEREAS, Frank Lloyd Wright's Rowing Boathouse Corporation requests sponsorship by the City of Buffalo to apply for the Environmental Protection Fund Local Waterfront Revitalization Program grant funding; 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 - 8 NOES -0 NO. 107 BY: MR. FRANCZYK CO- SPONSOR(S): MESSRS. RE: ENVIRONMENTAL PROTECTION FUND FOR HISTORIC PRESERVATION - Rehabilitation of the National Historic Landmark Fireboat Edward M. Cotter WHEREAS, The New York State Legislature created the Environmental Protection Fund (EPF) in 1977 to provide a reliable, dedicated source of funding for a variety of key environmental and coastal resource programs in NYS; WHEREAS, The New York Department of State annually solicits grant applications from local government sponsors for the Environmental Protection Fund for Historic Preservation; WHEREAS, The Edward M. Cotter is an operating fireboat and icebreaker for the City of Buffalo designated as Engine 20; WHEREAS, Built in 1900, the Edward M. Cotter is America's oldest working fireboat. In 1996 the Edward M. Cotter was designated as a National Historic Landmark; WHEREAS, The City of Buffalo is seeking funds to assist with the rehabilitation of the fireboat Edward M. Cotter. The rehabilitation of the Edward M. Cotter will follow the Secretary of the Interior's Standards for Historic Vessel Preservation Projects; 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 - 8 NOES — 0 NO. 108 SPONSORS: MICHAEL J. LOCURTO AND BRIAN C. DAVIS OPPOSING THE RELOCATION OF EMPIRE STATE COLLEGE FROM DOWNTOWN TO APPLETREE BUSINESS PARK IN CHEEKTOWAGA, NEW YORK. Whereas: Empire State College has a statewide enrollment of approximately 16,000 students, who earn degrees through seven regional centers, 28 satellite centers and online classes; and Whereas: The Buffalo satellite for Empire State College has been based in the Market Arcade Complex since 1995; and Whereas: Empire State College educates one thousand two hundred students that visit the Market Arcade campus each week; and Whereas: The Empire State Student population is essential to the prosperity, vitality and continued strength of downtown Buffalo; and Whereas: The Empire State College contributes to the dynamic and vibrant urban core of the City of Buffalo; and Whereas: A significant percentage of Empire State College's students live at or below the poverty level without automotive transportation; and Whereas: The Market Arcade site for Empire State College is located along the Metro Rail this makes the college easily accessible to those without an automobile; and Whereas: The proposed move of Empire State College to the Appletree Mall will place a significant burden upon those that rely upon the public transportation to and from the facility; and Whereas: The proposed move would hinder the prosperity and economic strength of downtown Buffalo; and Now Therefore Be It Resolved: The Common Council encourages John R. Ryan, SUNY to reverse his decision and keep Empire State College at the Market Arcade Complex in downtown Buffalo. ADOPTED NO. 109 BY: MR. THOMPSON RE: REQUEST TO MAKE CITY OF BUFFALO PARKS HANDICAP ACCESSIBLE Whereas: During the summer months, a large majority of Western New York's population congregate within its respective parks to enjoy the warm weather, barbeque, and engage in recreational activities; and Whereas: The current conditions within parks do not include curb cuts and other means for accessibility; and Whereas: Individuals in wheelchairs and those with other physical disabilities and ailments are hard - pressed to ascend large curbs and other obstructions with little to no assistance; and Whereas: Most public facilities incorporate access for the disabled, whether in the form of a ramp, an elevator, or other methods; and Whereas: The local parks system should be held to the same standards, to allow individuals equal access and opportunity for recreational enjoyment. Now, Therefore Be It Resolved That: This honorable body requests that the Department of Public Works create and implement a strategic plan to make all parks within the City of Buffalo accessible to individuals in wheelchairs and those with other physical disabilities, not limited to but including ramps, curb cuts, and the like; and Now therefore be it finally resolved This Common Council also hereby requests that copies of this resolution are forwarded to the Department of Public Works, the Department of Economic Development, Inspections, and Permits, the Erie County Department of Parks & Recreation, and the Buffalo Olmsted Parks Conservancy to seek their response for the next Common Council Meeting scheduled for Tuesday, July 25, 2006. ADOPT 2 ND RESOLVE THE 1 sr REFERRED TO THE COMMITTEE ON LEGISLATION. AND THE COMMISSIONER OF PUBLIC WORKS NO. 110 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: Thomas Gleed Total: 1 ADOPTED NO. 111 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 Christopher Savage Timothy VondeEmpten TOTAL 2 ADOPTED NO. 112 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. Committee on Claims Committee on Civil Service Tuesday, July 18, 2006 at 9:45 o'clock A.M Committee on Finance following Civil Service . Tuesday, July 18, 2006 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, July 18, 2006 at 1:00 o'clock P.M Committee on Legislation . Tuesday, July 18, 2006 at 2:00 o'clock P.M. Special Committees Budget Committee Thursday, July 13, 2006 at 10:00 o'clock A.M. Waterfront Committee A.M. in Council Chambers. Wednesday, July 19, 2006 at 11:00 o'clock A.M. Wednesday, July 19, 2006 at 10:00 o'clock (Public Disclaimer All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware; therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 113 ADJOURNMENT On a motion by Mr. Bonifacio, Seconded by Mr. Fontana, the Council adjourned at 3:25 pm GERALD CHWALINSKI CITY CLERK