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HomeMy WebLinkAbout05-0906No.16 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO AUGUST 6, 2005 MAYOR Hon. Anthony M. Masiello COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL FILLMORE DISTRICT David A. Franczyk PRESIDENT PRO TEMPORE UNIVERSITY DISTRICT Bonnie E. Russell MAJORITY LEADER DELAWARE DISTRICT Marc A. Coppola DISTRICT COUNCIL MEMBERS BRIAN C. DAVIS - ELLICOTT RICHARD A. FONTANA - LOVEJOY ANTOINE M. THOMPSON - MASTEN DOMINIC J. BONIFACIO Jr. - NIAGARA JOSEPH GOLOMBEKJR. - NORTH JEFFERY CONRAD - SOUTH REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Brian C. Davis, Joseph Golombek Jr., Richard A. Fontana - Members CLAIMS COMMITTEE: Jeffery Conrad Chairman, Richard A. Fontana, Joseph Golombek,Jr., Antoine M. Thompson - Members COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr. Chairman, Dominic J. Bonifacio Jr., Bonnie E. Russell, Antoine M. Thompson - Members FINANCE COMMITTEE: Brian C. Davis, Chairman, Dominic J. Bonifacio, Jr.,Jeffery Conrad, Marc A. Coppola, - Members. LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Dominic J. Bonifacio Jr., Marc A. Coppola, Bonnie E. Russell - Members RULES COMMITTEE: David A. Franczyk, Chairman Marc A. Coppola, Bonnie E. Russell - Members 1-11:2xd /e1 W9161 kh hh111 i94 *� BUDGET COMMITTEE: Dominic J. Bonifacio, Jr., Chairman, Marc A. Coppola, Brian C. Davis, Joseph Golombek, Jr. - Members EDUCATION COMMITTEE Antoine M. Thompson, Chairman, Richard A. Fontana, David A. Franczyk, Bonnie E. Russell Members MINORITY BUSINESS ENTERPRISE COMMITTEE - Antoine M. Thompson, Chairman Brian C. Davis CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, SEPTEMBER 6, 2005 AT 2:00 P.M. PRESENT — David A. Franczyk, President of the Council, and Council Members Bonifacio, Conrad, Coppola, Davis , Fontana, Golombek Russell AND Thompson —9 ABSENT -- 0 ly :IQ Lri111!9a=111LriE\[e7N No. 1 Re- Appointment of Members to the Emergency Medical Services Board Pursuant to the powers vested in me in Chapter 6 of the Code of the City of Buffalo, I hereby re- appoint the following members to the Emergency Medical Services Board: RE- APPOINTMENTS: G. Richard Braen, M.D. 40 Dana Road Buffalo, 14216 Dr. Braen's term will commence immediately and expire June 30, 2007. Joseph R. Takats, D.O. 64 Cleveland Ave. Buffalo, 14222 Dr. Takats' term will commence immediately and expire June 30, 2008. Judith A. Shanley 32 Summit Avenue Buffalo, 14214 Ms. Shanley's term will commence immediately and expire June 30, 2008. Clarke E. Eaton 242 Blaine Avenue Buffalo, 14208 Mr. Eaton's term will commence immediately and expire June 30. 2008. 1 hereby certify that the above named individuals are fully qualified to serve as members of the Emergency Medical Services Board. REFERRED TOT HE COMMITTEE ON LEGISLATION AND THE DIVISION OF COLLECTIONS FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE DIVISION OF CITIZEN SERVICES NO. 2 Monthly Report- Division of Citizen Ext. Citizen Services- July, 2005 Attached for your review is the following: (1) Chart of Service Calls for July, 2005, (2) Chart of Service Calls for July, 2004- for comparative purposes, and (3) Chart of "Open" calls for June, 2005, as of August 1, 2005. Service requests were down by 294 in July compared to June, 2005, but not significantly; with the most dramatic change of any of the categories, being a 126 call increase in user fee issues, directly tied to July's billing. What was most notable in July, was the drop off in the 30 day responses to the June 2005 service requests. The following actions are being taken to address the 30 day responses : Inspections -over the past few months, inspection requests have accumulated to the point where they can not be timely addressed with current staffing Therefore, Inspections will be conducting Saturday blitzes to catch up on the backlog. Tree requests and tote replacements- we've met with Public Works officials who are developing plans for addressing the backlog of tree complaints and resolving the issues in ordering new totes. Hopefully, within in the next thirty days, both areas of service requests will have action plans in place. All other complaint categories that are beyond thirty days are either due to delays in reporting, during the summer vacation season, or delays in recording by my office due to in- service customer relations training and summer vacations. This situation will resolve itself by the end of August. Overall, all of the departments have worked extremely hard this summer through the record breaking heat records. We have a bare bones workforce, older equipment and many demands for service during the summer months. Within our budgetary constraints, city workers are doing their best to provide quality services to the citizens of Buffalo. As always, I hope that you find this information helpful. RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 3 Abandonment and Sale of Engine No. 36 1655 Elmwood North District Item No. 79, C.C.P. July 26, 2005 The above mentioned item was referred to this office for a response. In said item Ms. Wendy Davis Schlabach of Davis Freight Management, Inc. indicating she is interested in purchasing the firehouse and wanted information in reference to the lot size, the size of the building and taxes. We have contacted Ms. Schlabach and have provided the following information: Engine No. 36 is located at the corner of Elmwood and Great Arrow (1655 Elmwood) and is still in operation. Once the new firehouse is completed at 860 Hertel the Fire Department will vacate Engine No. 36 and move into the new facility. The estimated completion date for 860 Hertel is October or November of this year. According to the assessment screen it shows the building has 4,438 -sq. ft. of gross floor area. The lot size is 50 x 150 and is currently tax exempt. This office has several parties interested in this parcel. Once the Fire Department abandons the property and turns it over to the Division of Real Estate for disposition this office will contact all interested parties. The sale of public buildings is governed by Article 27 of the City Charter. Section 27 -4 the Common Council may authorize the sale of abandoned property by appraisal or public auction. Section 27 -5 - Appraisal - The council may by resolution provide that the interest of the city in any such abandoned or unappropriated real property be appraised by retaining an appraiser from the list of appraisers established by the Appraisal Review Board. Any person desiring to acquire title to any such property may retain such appraiser at his or her own expense. The report of the Board of Appraisers for the purpose of fixing the value of the interest of the City in such property shall be transmitted to the Common Council for approval. If a sale be authorized as provided in the foregoing section the sum found by said appraisers as the value of such interest in the premises appraised shall be the amount of the compensation to be paid for the release and conveyance of said property by the party marking application for such appraisal. Section 27 -6 - Public Auction - The resolution shall, in the event an appraisal is not provided for, direct that such real property be offered for sale by the Executive Director of the Office of Strategic Planning at public auction. Notice of time and place of auction, together with a short description of the property, shall be published at least once a week for two weeks in the publication or publications designated by the Council. The Executive Director shall transmit to the council a report of all bids received at such auction No appraisal of such property shall be made or deemed necessary in case of a public auction unless an application therefor, as provided for in the preceding section, shall have been made prior to the passage of the resolution directing such public auction. The Office of Strategic Planning, Division of Real Estate, markets and sells city -owned (public assets) in accordance with the above Charter and New York State Statutes. If you need any additional information, please contact the Division of Real Estate. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 4 Citizen's Planning Council (CPC) Capital Budget Review Please accept the attached memorandum regarding the above subject. Citizens' Planning Council (CPC) - Capital Budget Review The Citizens' Planning Council shall commence its review of the Capital Improvement Program (CIP) for 2006 -2010. As instructed within the City Charter, you are invited to attend the scheduled Citizens' Planning Council meeting to discuss the City's capital improvement plan and /or your department's request. All meetings will be held at 4:00 pm in 901 conference room. The schedule dates are as follows: • September 7, 2005 (Wednesday) OSP, Police, Fire, MIS, Permits & Inspection Services • September 14, 2005 (Wednesday) Buffalo Public Schools, Historical Society, Arts Commission, Museum of Science and Buffalo and Erie County Public Library • September 21, 2005 (Wednesday) Councilmember's and Public Works (Buildings, Streets & Parks) If you have any questions regarding the above schedule please contact Leonardo Tempestoso, Resource Development Specialist II (851- 4209). REFERRED TO THE COMMITTEE ON BUDGET NO. 6 City of Buffalo's Capital Improvement Program — 2006 Capital Budget Please accept the attached memorandum regarding the above subject. City of Buffalo's Capital Improvement Program - 2006 Capital Budget As directed through the City Charter, the Office of Strategic Planning has commenced the 2006 Capital Budget process. The Comptroller has submitted his report on the city's current and estimated indebtedness and the Citizens' Planning Council (CPC) has convened to determine its procedures and scheduling for the review of projects. Councilmember's that wish to submit projects for consideration, as noted in the City Charter, are to contact Leonardo Tempestoso Resource Development Specialist II (851- 4209). In addition, I would like to offer you the opportunity to receive a presentation on the new software we are currently using to manage the City of Buffalo's Capital Improvement Program. The new software will eventually be useful in determining implementation cost, including personnel cost. If you have any questions or comments regarding this memo, please contact Len Tempestoso at your convenience. REFERRED TO THE COMMITTEE ON BUDGET NO. 6 M. Coppola- Anti - Flipping Task Force Item #71, C.C.P. 07/26/06 Please accept this as a response to the above referenced Common Council Resolution. The Office of Strategic Planning is the lead agency for the City of Buffalo in the Mayor's Anti - Flipping Taskforce. We support the legislation proposed by the Taskforce if it can be done in a way that addresses the issue of providing options to homeowners (owner- occupied units) who would be delinquent due to lack of fund at the time of the tax bill due date. However, I do not believe Bruna Michaux, Commissioner of Assessment and Taxation has reviewed the proposed legislation and may have some recommendations. We look forward to working with the Common Council in continuing to address the city's property filliping issue. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 7 Health Now: 43 Carolina Your Honorable Body has requested information regarding 43 Carolina. The designation of Duke HN New York as redeveloper of 43 Carolina as well as the property's transfer, were part of the approval of the Health Now Package. For your review, attached please find a copy of the Contract for the Health Now Project. REFERRED TO THE COMMTTEE ON COMMUNITY DEVELOPMENT NO. 8 RESCIND SALE 36 KIEFER STREET Item # 142, C.C.P. July 24, 2001 In the above referenced item Your Honorable Body authorized the sale of 36 Kiefer Street to Ms. Yolanda Beaner, 28 Kiefer Street, Buffalo, New York 14211 for the sale price of seven hundred fifty dollars ($750). Several notices have been mailed to Ms. Beaner requesting to schedule an appointment to close on 36 Kiefer Street. Further investigation revealed that Ms. Beaner no longer resides at 28 Kiefer, so she is no longer eligible to purchase this property. Therefore, this office is recommending the Common Council approve rescinding the sale, forfeit the deposit of seventy - five dollars ($75.) and return the property to our inventory. Mr. Coppola moved: That the communication from the Department of Strategic Planning, dated August 31, 2005, be received and filed; and That the Executive Director of Strategic Planning be, and he hereby is authorized to rescind the sale of 36 Kiefer Street, and forfeit the deposit in the amount of seventy -five dollars ($75.00) and to return the property to inventory for resale. PASSED AYES — 9 NOES — 0 NO. 9 Results of Negotiations 225 Baynes, 98.16' N Ardmore Vacant Lot: 32' x 114', irregular South Line Assessed Valuation: $5,600 The Office of Strategic Planning, Division of Real Estate has received a request to purchase 225 Baynes Street from Ms. Diane Scoppa, 12 Ardmore Place, Buffalo, New York 14213. Ms. Scoppa owns and resides at 12 Ardmore Place, which is adjacent to 225 Baynes Street 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 seventy cents (.70) to one dollar and sixty cents ($1.60), per square foot. The results of our negotiations are that Ms. Scoppa has agreed and is prepared to pay five thousand five hundred dollars ($5,500), one dollar and fifty cents ($1.50) per square foot for the subject property. Ms. Scoppa 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 225 Baynes Street to Ms. Diane Scoppa in the amount of five thousand five hundred dollars ($5,500). I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Coppola moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated August 31, 2005, be received and filed; and That the offer from Ms. Diane Scoppa, residing at 12 Ardmore Place, in the sum of five thousand and five hundred dollars ($5,500.00) for the purchase of 225 Baynes Street, he and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES — 9 NOES — 0 NO. 10 Results of Negotiations 25 Box, 210.35' E Fillmore Lot Size: 26' x 118' Assessed Valuation: $2 27 Box, 236.60' E Fillmore Lot Size: 32' x 118' Assessed Valuation: $2,200 MASTEN The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Ronal R. Bassham, 6312 South Whitham Drive, Niagara Falls, New York 14304 to purchase 25 and 27 Box Avenue. Mr. Bassham owns a single family home at 29 Box Avenue and intends to clean -up the lots and use 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 properties in the subject area. Sales prices range from twenty -five cents (.25) to fifty cents (.50) per square foot. The results of our negotiations are that we have agreed to a sales price of two thousand one hundred dollars ($2,100), thirty cents (.30) per square foot, for the subject properties. Mr. Ronal Bassham has also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal descriptions. I am recommending that Your Honorable Body approve the sale of 25 and 27 Box Avenue in the amount of two thousand one hundred dollars ($2,100) to Mr. Ronal R. Bassham. I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Coppola moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated August 31, 2005, be received and filed; and That the offer from Mr. Ronal R. Bassham, residing at 6312 South Whitham Drive, Niagara Falls, in the sum of two thousand and one hundred dollars ($2,100.00) for the purchase of 25 and 27 Box Avenue, be and they hereby are accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES — 9 NOES — 0 NO. 11 Results of Negotiations 346 Emslie, 241.60'N William Lot Size: 30' x 116' Assessed Valuation: $1 360 Emslie, 271.60'N William Lot Size: 30' x 117' Assessed Valuation: $1 ELLICOTT The Office of Strategic Planning, Division of Real Estate has received a request from Mr. James E. Coleman, 344 Emslie Street, Buffalo, New York 14206, to purchase 346 and 350 Emslie Street. Mr. Coleman owns and resides at 344 Emslie Street and intends to clean -up the lots and use 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 properties in the subject area. Sales prices range from thirty cents (.30) to seventy -five cents (.75) per square foot. The results of our negotiations are that we have agreed to a sales price of three thousand dollars ($3,000), forty -two cents (.42) per square foot, for the subject properties. Mr. Coleman has also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal descriptions. I am recommending that Your Honorable Body approve the sale of 346 and 350 Emslie Street in the amount of three thousand dollars ($3,000) to Mr. James Coleman. I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Coppola moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated August 31, 2005, be received and filed; and That the offer from Mr. James E. Coleman, residing at 344 Emslie Street, in the sum of three thousand dollars ($3,000.00) for the purchases of 346 and 350 Emslie Street, be and they hereby are accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES — 9 NOES — 0 NO. 12 Results of Negotiations 394 Fulton, W Cor. Red Jacket Vacant Lot: 26' x 100' Assessed Valuation: $2,300 FILLMORE The Office of Strategic Planning, Division of Real Estate has received a request to purchase 394 Fulton Street from Mr. Jiten V. Parikh, 37 Pleasant View, Bloomingdale, New Jersey 07403. Mr. Parikh owns a one family home at 392 Fulton Street, which is adjacent to 394 Fulton Street 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 sixty -five cents (.65) to ninety -four cents (.94), per square foot. The results of our negotiations are that Mr. Parikh has agreed and is prepared to pay two thousand three hundred dollars ($2,300), ninety -two cents (.92) per square foot for the subject property. Mr. Parikh 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 394 Fulton Street to Mr. Jiten V. Parikh in the amount of two thousand three hundred dollars ($2,300). 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. Coppola moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated August 31, 2005, be receipted and filed; and That the offer from Mr. Jiten V. Parikh, residing at 37 Pleasant View, Bloomingdale, New Jersey in the sum of two thousand and three hundred dollars ($2,300.00) for the purchase of 394 Fulton Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES — 9 NOES — 0 NO. 13 Results of Negotiations 162 Orange, 220' N Carlton Vacant Lot: 30' x 100' Assessed Valuation: $2,000 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 162 Orange Street from Mr. Steven Norward, 187 Lemon Street, Buffalo, New York 14204. Mr. Norward owns a two family home at 187 Lemon Street, which is adjacent to 162 Orange Street 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 forty -five cents (.45) to one dollar ($1.00), per square foot. The results of our negotiations are that Mr. Norward has agreed and is prepared to pay one thousand four hundred dollars ($1,400), forty -five cents (.45) per square foot for the subject property. Mr. Norward 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 162 Orange Street to Mr. Steven Norward in the amount of one thousand four hundred dollars ($1,400). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 14 Results of Negotiations 28 Roehrer, 302.27' N Best Vacant Lot: 32' x 110' Assessed Valuation: $2,000 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 28 Roehrer Street from Mr. Jiten V. Parikh, 37 Pleasant View, Bloomingdale, New Jersey 07403. Mr. Parikh owns a two family home at 30 Roehrer Street, which is adjacent to 28 Roehrer Street 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 forty cents (.40) to sixty cents (.60), per square foot. The results of our negotiations are that Mr. Parikh has agreed and is prepared to pay two thousand dollars ($2,000), fifty - six cents (.56) per square foot for the subject property. Mr. Parikh 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 28 Roehrer Street to Mr. Jiten V. Parikh in the amount of two thousand dollars ($2,000). 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. Coppola moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated August 31, 2005, be received and filed; and That the offer from Mr. Jiten V. Parikh, residing at 37 Pleasant View, Bloomingdale, New Jersey in the sum of two thousand dollars ($2,000.00) for the purchase of 28 Roehrer 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 AYE S- 9 NOES — 0 NO. 15 Results of Negotiations 40 Rother, 360.03'N Broadway Vacant Lot: 30' x 97' Assessed Valuation: $1,400 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 40 Rother Street from Mr. Joe Christopher and Mrs. Bonnie Christopher, 6820 Minuteman Terrace, Derby, New York 14047. Mr. and Mrs. Christopher own a two family home at 36 Rother Street, which is adjacent to 40 Rother Street and intend 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 purchasers. The Division of Real Estate has investigated the sale of similar residential lots in the subject area. Sale prices range from thirty cents (.30) to fifty cents (.50), per square foot. The results of our negotiations are that Mr. and Mrs. Christopher have agreed and are prepared to pay one thousand four hundred dollars ($1,400), forty -eight cents (.48) per square foot for the subject properly. Mr. and Mrs. Christopher 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 40 Rother Street to Mr. and Mrs. Joe Christopher in the amount of one thousand four hundred dollars ($1,400). 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. Coppola moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated August 31, 2005, be received and filed; and That the offer from Mr. Joe Christopher and Mrs. Bonnie Christopher, residing at 6820 Minuteman Terrace, Derby in the sum of one thousand and four hundred dollars ($1,400.00) for the purchase of 40 Rother Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES — 9 NOES — 0 NO. 16 RESULTS OF NEGOTIATIONS 316 ROTHER, 300.40' S WALDEN LOT SIZE: 30'X 131' ASSESSED VALUATION: $1,700 321 ROTHER, 240.40' S WALDEN LOT SIZE: 30'X 131' ASSESSED VALUATION: $1 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Lee Johnson and Mrs. Florence Johnson, 160 Cedar Road, Buffalo, New York 14215 to purchase 315 and 321 Rother Street. Mr. and Mrs. Johnson own a two family home at 317 Rother and intend to clean -up the lots and use 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 purchasers. The Division of Real Estate has investigated the sale of similar residential properties in the subject area. Sales prices range from thirty cents (.30) to ninety cents (.90) per square foot. The results of our negotiations are that we have agreed to a sales price of three thousand one hundred dollars ($3,100), forty cents (.40) per square foot, for the subject properties. Mr. and Mrs. Johnson have also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal descriptions. I am recommending that Your Honorable Body approve the sale of 315 and 321 Rother in the amount of three thousand one hundred dollars ($3,100) to Mr. Lee Johnson and Mrs. Florence Johnson. I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Coppola moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated August 31, 2005, be received and filed; and That the offer from Mr. Lee Johnson and Mrs. Florence Johnson, residing at 160 Cedar Road, in the sum of three thousand and one hundred dollars ($3,100.00) for the purchases of 315 and 321 Rother, 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. AYES - 9 NOES -0 NO. 17 RESULTS OF NEGOTIATIONS 130 SHUMWAY, 300' S PECKHAM VACANT LOT: 30'X 106' ASSESSED VALUATION: $1,400 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 130 Shumway Street from Mr. Robert Boyd and Mrs. Mary Boyd, 121 Morningside Drive, Grand Island, New York 14072. Mr. and Mrs. Boyd own a two family home at 126 Shumway Street, which is adjacent to 130 Shumway Street and intend 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 purchasers. The Division of Real Estate has investigated the sale of similar residential lots in the subject area. Sale prices range from thirty cents (.30) to fifty cents (.50), per square foot. The results of our negotiations are that Mr. and Mrs. Boyd have agreed and are prepared to pay one thousand four hundred dollars ($1,400), forty -four cents (.44) per square foot for the subject property. Mr. and Mrs. Boyd 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 130 Shumway Street to Mr. and Mrs. Robert Boyd in the amount of one thousand four hundred dollars ($1,400). 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. Coppola moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated August 31, 2005, be received and filed; and That the offer from Mr. Robert Boyd and Mrs. Mary Boyd, residing at 121 Momingside Drive, Grand Island in the sum of one thousand and four hundred dollars ($1,400.00) for the purchase of 130 Shumway Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES -0 NO. 18 RESULTS OF NEGOTIATIONS 240 SOBIESKI, 432.74' N SYCAMORE LOT SIZE: 30'X 94' ASSESSED VALUATION: $1,500 242 SOBIESKI, 462.74' N SYCAMORE LOT SIZE: 30'X 94' ASSESSED VALUATION: $1 {FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Abdulmuqeet M. Choudhury, 126 Loepere Street, Buffalo, New York 14212 to purchase 240 and 242 Sobieski Street. Mr. Choudhury owns a two family home at 236 Sobieski and intends to clean -up the lots and use 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 properties in the subject area. Sales prices range from thirty -five cents (.35) to fifty cents (.50) per square foot. The results of our negotiations are that we have agreed to a sales price of two thousand dollars ($2,000), forty cents (.40) per square foot, for the subject properties. Mr. Choudhury has also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal descriptions. I am recommending that Your Honorable Body approve the sale of 240 and 242 Sobieski in the amount of two thousand dollars ($2,000) to Mr. Abdulmuqeet Choudhury. I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Coppola moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated August 31, 2005, be received and filed; and That the offer from Mr. Abdulmuqeet M. Choudhury, residing at 126 Loepere Street, in the sum of two thousand dollars ($2,000.00) for the purchases of 240 and 242 Sobieski, be and they hereby are accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES -0 NO. 19 RESULTS OF NEGOTIATIONS 299 SYCAMORE, 57.75' NE PRATT VACANT LOT: 25' X 110' ASSESSED VALUATION: $900 (ELLICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 299 Sycamore Street from Mr. Robert Boyd and Mrs. Vance Boyd, 121 Morningside Drive, Grand Island, New York 14072. Mr. and Mrs. Boyd would like to square off the land they own on both sides of 299 Sycamore and use 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 purchasers. The Division of Real Estate has investigated the sale of similar residential lots in the subject area. Sale prices range from thirty cents (.30) to seventy cents (.70), per square foot. The results of our negotiations are that Mr. and Mrs. Boyd have agreed and are prepared to pay one thousand four hundred dollars ($1,400), fifty cents (.50) per square foot for the subject properly. Mr. and Mrs. Boyd 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 299 Sycamore Street to Mr. and Mrs. Boyd in the amount of one thousand four hundred dollars ($1,400). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 20 RESULTS OF NEGOTIATIONS ACQUISITION 3226 BAILEY (FAST FOOD FACILITY) LOT SIZE 135 X 120 ASSESSED VALUE: $115,000 3238 BAILEY (PARKING LOT) LOT SIZE: 67 X 120 ASSESSED VALUE: $8,000 266 HEWITT (PARKING LOT) LOT SIZE 34 X 141 ASSESSED VALUE: $2,400 UNIVERSITY DISTRICT ITEM NO. 22, CCP 9/7/2004 In the above referenced item Your Honorable Body authorized the Office of Strategic Planning, Division of Real Estate, to negotiate for the acquisition of 3226 & 3238 Bailey and 266 Hewitt in conjunction with the Fire Department's reorganization. The parcels at 3226 & 3238 Bailey are owned by Plaza Group 151 LLC and the parcel at 266 Hewitt is owned by Plaza Group 200 LLC (represented by Mr.Ronald Alsheimer, President). The property at 3226 Bailey consists of a one story concrete block building formerly use as a McDonald's Restaurant. The parcels located at 3238 Bailey and 266 Hewitt are both parking lots. The properties are being acquired in order to construct a state of the art fire facility. The sites at 3226 & 3238 Bailey and 266 Hewitt have been reviewed and recommended by MMA Consultants, Buffalo Fire Department, Department of Public Works and EMS Facilities Task Force. The funds for the acquisition and closing costs are available in the Police and Fire Re- Engineering Account. In accordance with Article 27 -2 and Eminent Domain Procedure Law, G.A.R. Appraisal and Consultants was commissioned by the City to appraise the properties for their fair market value. The appraiser has estimated the fair market value at One Hundred Ninety Thousand Dollars ($190,000.00). The Appraisal Review Board has reviewed the appraisal submitted by G.A.R. Appraisal and Consultants and recommends the purchase price of One Hundred Ninety Thousand Dollars ($190,000.00). The results of negotiations are that Plaza Group 151 LLC and Plaza Group 200 LLC have agreed to sell the properties to the City of Buffalo in the amount of One Hundred Ninety Thousand Dollars ($190,000.00). The acquisition of said properties is subject to Common Council and Control Board approval and acceptable environment review and title report. I am requesting that Your Honorable Body approve the acquisition of 3226 & 3238 Bailey and 266 Hewitt from Plaza Group 151 LLC and Plaza Group 200 LLC (Mr. Ronald Alsheimer) in the amount of One Hundred Ninety Thousand Dollars ($190,000.00), plus closing costs. I am further recommending that the Corporation Counsel prepare the necessary documents for the acquisition of title and that the Mayor be authorized to execute the same. Mr. Coppola moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated August 31, 2005, be received and filed; and That the Director of Real Estate acquire 3226 & 3238 Bailey and 266 Hewitt from Plaza Group 151 LLC and Plaza Group 200 LLC (Mr. Ronald Alsheimer), in the sum of one hundred ninety thousand dollars ($190,000.00), plus closing costs, be and hereby is accepted and approved; and That the Corporation Counsel be authorized to prepare the necessary documents for the acquisition of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES -0 NO. 21 "A. THOMPSON- LITERACY -A #1 PRIORITY FOR BUFFALO PUBLIC SCHOOLS" ITEM #158, C.C.P. 06/28/05 Please accept this as a response to the above referenced Common Council Resolution. The Office of Strategic Planning recognizes the need for a educated community as a component of a strong economic base for our city. To that end we support any enhancements that can be implemented to improve our public school system. I have stated several times publicly that our success in attracting families back to our communities is very dependent on the success of our public school system to educate our children. Families that have choices will not risk their child's future, regardless to how much subsidy or incentive we can give them to own a home in the city. Clean streets, walkable communities, a robust economy are all dependent on a school system that is an active participant in educating our children. The Buffalo Urban Renewal Agency (BURA) will add a literacy component to all appropriate CDBG public service contracts that are funded in Year 32. However, this will not occur until I receive a complete listing of existing programs currently supported by the City of Buffalo Public School System. This is necessary to ensure that duplication will not occur. I look forward to working with the Common Council and the Buffalo Public School system in this effort to increase literacy in our community. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION, THE BOARD OF EDUCATION AND GOOD SCHOOLS FOR ALL NO. 22 RESULTS OF NEGOTIATIONS FOR THE ABANDONMENT & SALE OF 636 FILLMORE, FORMER FIREHOUSE - LADDER LOT SIZE: 30'X 146' ASSESSED VALUE: $119,900 642 FILLMORE, COMMERCIAL VACANT LAND LOT SIZE: 40 X 80 ASSESSED VALUATION: $2,300 ITEM NO. 11, C.C.P. 9/712004 Pursuant to Item No. 11, C.C.P. 9/7/04 Your Honorable Body authorized the abandonment and sale of 636 & 642 Fillmore Avenue to Carl Campbell of 66 Lake Avenue, Blasdell, New York. He intends to rehabilitate and use the building for his for residence. He has provided cost estimates in the amount of $39,500 in order to rehabilitate the property and proof of available financing in the amount of $60,000 to cover the cost of purchase and rehabilitation. During our negotiations with Mr. Campbell the Office of Strategic Planning Division of Real Estate received a second offer to purchase this property from Timothy J. Kukulka of 923 Beach Road, Buffalo, New York 14225. He intends to purchase said properties in order to expand his snow plowing business (White Buffalo). Mr. Kukulka has provided estimates in the amount of $98,000. He has provided only $24,300 in financing to cover the cost of purchase and rehabilitiation. Each of the prosepective purchasers obtained an independent appraisal of the subject properties. Both appraisal reports were submitted to and reviewed by the Appraisal Review Board. They have recommended the sale price to be Eighteen Thousand Three Hundred Dollars ($18,300.00). Based on the above information the Office of Strategic Planning, Divison of Real Estate is recommending that Your Honorable Body accept the offer of Carl Cambell in the amount of Eighteen Thousand Three Hundred Dollars ($18,300.00) for the purchase of 636 & 642 Fillmore. Mr. Campbell has agreed and is prepared to pay Eighteen Thousand Three Hundred Dollars ($18,300.00) for said properties. He has also agreed to pay for the cost of the appraisal, transfer tax and recording fees. I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and the Mayor be authorized to execute the same. Mr. Coppola moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated September 1, 2005, be received and filed; and That the offer from Carl Campbell, residing at 66 Lake Avenue, Blasdell, in the sum of eighteen thousand and three hundred dollars ($18,300.00) for the purchases of 636 and 642 Fillmore, be and hereby is accepted; and That the cost of the appraisal, transfer tax, recording fees shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES -0 FROM THE COMPTROLLER NO. 23 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS COMMON COUNCIL- LEGISLATIVE We, Anthony M. Masiello, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that it is necessary that the sum of $27,840 be transferred and reappropriated within Common Council Legislative, as set forth below: FROM 10102001 412002 $21340 10111001 411001 CM( #10) $6500 TO 10109004 - 458001 CM( #8) $1500 10109004 - 458002 CM( #8)] $1500 10110004-458001 CM( #9) $1500 10110004-458002 CM( #9) $1500 10112004 - 458001 CM( #11) $1500 10112004 - 458002 CM( #11) $500 10105004 - 458001 CM( #4) $1500 10105004 - 458002 CM( #4) $1500 10102006 — 432004 $10340 10102001 — 4120002 $6500 RECEIVED AND FILED NO. 24 CERTIFICATE OF NECESSITY INCREASED APPROPRIATION FUND BALANCE CAPITAL PROJECTS We, Anthony M. Masiello, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -11 of the Charter, that an increase in the sum of $200,000 in the estimate for the fiscal year beginning January 1, 2005 is necessary in Capital Improvements to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The increase is needed for the acquisition and closing costs associated with the purchase of 3226 & 3238 Bailey and 266 Hewitt (new firehouse). The amount of increased appropriations will be met from the Unreserved /Designated Fund Balance for Reengineering Agreements. The details of the requirements are set forth below: From 10700096 - 397000 Unreserved /Designated Balance for Reengineering Agreements $200,000 To 17523008 - 489130 Transfer out to Capital Project $200,000 From 17523008 - 489130 Transfer out to Capital Project $200,.000 To: 12131007 471000 Closing costs associated with the purchase of 3226 & 3238 Bailey and 266 Hewitt (new firehouse) $ 200,000 Dated: Buffalo, NY, August 26, 2005 RECEIVED AND FILED NO. 25 BY: MR. DAVIS TRANSFER OF FUNDS PARKING BOARD That pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $36,900.78 be and the same is hereby transferred from the Maintenance and Debt Service Reserve Capital Reserve Account and said sum is hereby reappropriated as set forth below: 51008207 - 470010 Maintenance and Debt Service Reserve Capital Reserve $36,900.78 51 01 9036- 4451 00 Augsburger Expansion $36,900.78 RECEIVED AND FILED NO. 26 COLLECTION OF TAXES BY CITY TREASURER PARTIAL PAYMENT OF CITY TAXES ITEM #171, CCP JULY 26, 2005 1 cannot support this item. Allowing for partial payment of city taxes would create serious cash flow problems for the city. There is no formula that we believe could be applied that would address this major concern. This important revenue source should not be interrupted in any fashion. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 27 CERTIFICATE OF APPOINTMENT Appointment Effective: September 19, 2005 in the Department of Audit and Control Division of Audit to the Position of Associate Account Clerk Temporary at the third step of $31,538 Judy S. Banks, 584 LaSalle Ave, Buffalo, NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 28 ITEM# 87 CCP JULY 26, 2005 B RUSSELL -C LACORTE & O PETITION FOR TAX RELIEF FROM BAILEY AMHERST SPECIAL ASSESSMENT CHARGE Honorable Body: This is in response to the July 27, 2005 communication of Mark Jaskula, Senior Legislative Assistant, requesting the Department of Assessment and Taxation's input regarding the Petition for Tax Relief submitted to University District Councilmember Bonnie E. Russell by property owners located in the Bailey Amherst Special Assessment District. First, I must reiterate that the Bailey Amherst Special Assessment Charge is not a tax. Under the Bailey Amherst agreement, the function of the Department of Assessment and Taxation is merely to issue invoices and collect the Bailey Amherst Special Assessment Charge. It is a fee charged to properties in the designated Business District for services performed solely by the Bailey Amherst Business Association. The City of Buffalo and the Department of Assessment and Taxation have no authority to enforce collection of the charge for non - payment or foreclose on a property for unpaid amounts because the charge is not a charge for services provided by the City of Buffalo. The Department of Assessment and Taxation has not billed any Bailey Amherst charges since expiration of the contract on June 30, 2005 nor has the Bailey Amherst Special Assessment District Budget been approved by the Common Council. We support the Bailey Amherst District property owners who have submitted the Petition for Tax Relief from the Bailey Amherst Special Assessment Charge. It is this Department's belief that this charge for services rendered by a private organization to a group of property owners should not be designated as a "special assessment tax" nor should this Department bear responsibility for billing and collecting amounts other than amounts that constitute revenue to the benefit of all city taxpayers. The performance of billing and collecting this charge and maintaining all associate records, creates an undue burden on this Department, which is severely short- staffed due to budget cuts, and impedes this Department's ability to effectively provide the services we are mandated to provide by The City Charter and Code to all the taxpayers of the City. We cannot recommend that the Bailey Amherst contract be renewed if it will require this Department's services for billing or collecting the Bailey Amherst Special Assessment Charge. Since the Agreement is signed by Strategic Planning, they may wish to undertake committing themselves to billing on behalf of the Bailey Amherst Special Assessment District, but that would be the decision of Strategic Planning. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 29 ORDINANCE AMENDMENT - CHAPTER 28 -65 COLLECTION OF TAXES BY CITY TREASURER (ITEM NO. 171, C.C.P. 07126105) The above item was proposed by the Anti - Flipping Task Force, of which I am a member. Regrettably I was not consulted before the proposal was submitted therefore it is now necessary for me to address the errors, misconceptions and problems with this item. First, the Department of Assessment and Taxation, according to Article 8 and 28 of the City Charter "Assessment and Taxation ", is charged with the power and duty of collecting taxes and assessments in addition to assessing and valuing real property. The responsibility of publishing the notice to pay local assessments and general taxes and to determine when payable is under the purview of the Department of Assessment and Taxation. The City of Buffalo's Department of Assessment and Taxation is unique in New York State in that the assessing and taxation functions are combined in one department and under the purview of the Mayor, Council President and the Comptroller. Second, under the proposed change four (4) "substantially equal amounts" would result in the City having to wait until September 30 to collect what it normally collects by July 31 and it would take until March 31 to collect revenue the City normally has by December 31. This is first and foremost a "cash flow" issue that needs to be addressed in depth by Administration and Finance and the Comptroller. Additionally changes to the number of payments and due dates will require other changes to the Charter and Code of the City of Buffalo, for example Section 28 -67 pertaining to delinquent notices mailed in February and Chapter 141 personal liability notices mailed in April of each year. Third, pursuant to the Charter of the City of Buffalo, Section 28 -66, the current annual interest rate is established at 18% and a schedule is set forth. Interest rates on current delinquent taxes and arrears taxes vary. This provision will need to be corrected and we must consider if we are in fact lowering the overall interest penalty under the Task Force's proposal. A further matter to consider is that under the proposal a multi -level interest penalty schedule will be needed to compute the correct charges to be billed. Under the proposal, amounts not paid by the deferred date are charged 1 % per month from July 31 to the deferred payment date plus 1 %% per month from the deferred date to the actual payment date. MIS needs to be consulted to determine if they are able to create a system meeting the proposed requirements. Under the current accounts receivable system, interest continues to be calculated on the original billed amount even if an authorized part payment has been made. Once the entire principal is satisfied the billed interest amount is manually adjusted. Further complicating interest calculations is the requirement in the proposed legislation that = Direct assessments, delinquent assessments, water rents and other charges inserted for collection in the tax rolls... ", which I presume is a reference to what we term local assessment charges, such as grass and tree cutting, demolitions and sidewalk repair under Section 28 -65, = ... shall be payable on or before July 31, and shall accrue interest equal to 1 % per month if not paid by that date ". A "local assessment charge" is included in the first installment, under the proposal the unpaid local is charged 1 % a month and the unpaid non -local amount is subject to 1 Y2% per month. Fourth, this item proposes the =City Treasurer may, in his discretion, accept partial payments of taxes, assessments and charges, provided that any such payment includes any interest and penalties which have accrued... ". The Director of Treasury's duties, under Section 295.28 of the City Charter, are to receive and deposit fees, revenues and moneys owed to the City of Buffalo. The authonty to accept or reject partial payments, assessments and charges is not discretionary rather is established by local law and the City Charter and falls under the scope of duties of the Department of Assessment and Taxation. The Task Force apparently made this proposal from the erroneous belief that the City returns payments that are pennies short of the amount billed. That is not the case, payments are processed if they are over or short up to $2.00. The City generates approximately 85,000 tax and sewer account receivables annually and for the 2003- 2004 fiscal year there were 3,687 over /short returns; 3,814 for fiscal year 2004 -2005 and to date for the 2005 -2006 fiscal year 585 short payments and 119 over payments have been returned. These counts include payments on current and arrears taxes and sewers and the submitted payments are often off by large amounts. Another consideration regarding partial payments is can MIS provide a computer program capable of computing interest accurately on a remaining principal due? The common misbelief is that people are losing their residences to foreclosure because the City does not allow for part payments or for payment plans for arrears taxes and then speculators buy property at the City auctions and run them down. Most parcels going to foreclosure represent properties owned by absentee owners, abandoned and vacant structures or properties whose owners are unable to maintain them. This office does offer payment plans to avoid foreclosure for owners in financial distress. Currently we have 55 department accounts; 19 are current with their payments and 36 are in default. We also have 136 court ordered accounts; 6 are current and 130 are in default. There are 20 accounts set up through Legal Services for the Elderly; only 2 are current. Legal Aide represented owners on 32 accounts and only 2 of those accounts are current. These figures work out to an 88% default rate. While the City has experienced in its recent foreclosure history a single bidder who acquired a large number of parcels and failed to maintain them, this was an unusual occurrence. Many properties that are the object of flipping are acquired by real estate speculators from private owners, owners' estates, mortgage or lending companies or traded between real estate investors liquidating their assets. The legal fights associated with property ownership permit an owner to do anything with their property: use it, lease it, leave it vacant or sell it, provided the action is legal. Therefore, I respectfully suggest your Honorable Body seek input concerning the cash flow and the computer requirement issues. I do not oppose changes in the number or method of payments for city taxes provided the cash flow and all legal issues are addressed, local or state law is followed and needed computer systems are in place and working before implementation. I can not in good conscience subject my staff or Buffalo's property owners to an ill- advised program without reviewing the proposal thoroughly. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 30 TAX CANCELLATION 2006 -2006 Adjustments on the General City Tax for 2005 -2006 were made on the following properties (list attached) to provide for changes due to omitted or incorrect exemptions and assessment errors. I, therefore, request that a warrant be drawn on General City Charges, Org 17221008 Obj 480101 Tax Adjustment Fund, in favor of the City for the taxes indicated on the attached list in the amount of $24,435.66. Mr. Coppola moved: That the communication from the Commissioner of Assessment and Taxation, dated August 16, 2005, be received and filed; and That the Comptroller be, and he hereby is authorized to prepare a check to be drawn on General City Charges, Org 17221008 Obj 480101 Tax Adjustment Fund, in favor of the City for the taxes indicated on the attached list in the amount of $24,435.66. PASSED AYES - 9 NOES -0 FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS NO. 31 MANAGEMENT INFORMATION SYSTEMS REVENUE GENERATING INITIATIVES REQUEST FOR ADDITIONAL TIME FOR PLAN SUBMISSION. THE PLANS WERE TO BE SUBMITTED IN RESPONSE TO ITEM NO. 149, CCP. 06/17/06 ITEM NO. 149, C.C.P. 06/17/06 Department of Management Information Systems had stated in its earlier response to the above mentioned item that we will provide a detailed plan of action with proposed savings for central phone system for city of buffalo by 7/31/05. Due to delays in obtaining information about City's current expenditures and current infrastructure we could not get estimates from vendors for suitable and cheaper alternative in time. Therefore a plan could not be prepared in time for submission. We would like to request an extension of 31 days. Revised date of plan submission would be 8/31/05. REFERRED TO THE COMMITTEE ON FINANCE NO. 32 MANAGEMENT INFORMATION SYSTEMS REVENUE GENERATING INITIATIVES DETAILS & PLAN OUTLINE FOR PHONE SYSTEM REPLACEMENT TO SAVE ANNUAL OPERATION COST ITEM NO. 149, CCP. 06/17/06 ITEM NO. 149, C.C.P. 06/17/06 Attached is a brief description of City's current phone system and replacement options. Each option includes cost estimate and estimate of potential cost saving. The document also includes an outline of Plan of action for replacement process. REFERRED TO THE COMMITTEE ON FINANCE NO. 33 MANAGEMENT INFORMATION SYSTEMS REVENUE GENERATING INITIATIVES DETAILS & PLAN OUTLINE FOR IMPLEMENTING DOCULEX SOFTWARE IN ALL CITY DEPARTMENTS. ITEM NO. 149, CCP. 06/17/06 ITEM NO. 149, C.C.P. 06/17/06 Attached is a brief description of new Doculex Software. The outlined plan is to implement the software in all city departments. This is another step towards papedess office and more efficient document storage and retrieval process. This will also cut paper costs for the city. Please refer to my response submitted on 05/26/05 for item no. 149, C.C.P. 05/17/05. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF PUBLIC WORKS No. 34 Abate Utility Cost Theatre of Youth, Inc. (TOY) Theatre of youth, Inc. leases the former Allendale Theatre from the City of Buffalo. Under the terms of that lease TOY is responsible to reimburse the City for the cost of utilities. As of August 31, 2005, the total owed to the City for the utilities is approximately $65,066. The lease also requires that the City of Buffalo be responsible for all capital improvements to the building. Currently, the building needs significant masonry and roof repairs estimated at $97,000. The city does not currently have any funds budgeted for these improvements. Attached is a request from TOY offering to fund the capital improvements from various sources in exchange for the abatement of previous utility cost. TOY is also requesting that their lease be amended to delete the requirement that TOY pay future utility cost. This department recommends approval of the TOY request. REFERRED TO THE COMMITTEE ON FINANCE No. 36 Report of Bids Boone Street and Conway Playground Improvements Fillmore I have previously requested and received permission to take bids for the above project, item 32, CCP 7/10/01. 1 advertised on August 5, 2005 and have received the following bids for the construction of Boone Street and Conway Playground Improvements, which were publicly opened and read on August 18, 2005. Contractor Base Bid Gleason's Nursery $80,881.00 4780 Sheridan Dr Williamsville, NY 14221 Titan Development $84,500.00 8534 Seaman Rd Gasport, NY 14067 1 hereby certify the foregoing is a true and correct statement of the bids received and that Gleason's Nursery is the lowest responsible bidder in accordance with the plans and specifications; and that the contract amount is $80,881.00. 1 request that your Honorable Body authorizes the Commissioner of Public Works, Parks, and Streets to order the work on the basis of the low bid. Funds for this work will be available in Bond Fund number 38400106. Mr. Coppola moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 18, 2005, 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 Boone Street and Conway Playground Improvements, to Gleason's Nursery, the lowest responsible bidder, in the amount of $80,881.00. Funds for the project are available in Bond Fund 38400106. Passed. AYES — 9 NOES —0 NO. 36 Report of Bids Butler Park Improvements (South) I have previously requested and received permission to take bids for the above project, item 32, CCP 7/10/01.1 advertised on August 17,2005 and have received the following bids for the construction of Boone Street and Conway Playground Improvements, which were publicly opened and read on August 30, 2005. Contractor Base Bid American Paving $43,200.00 5880 Thompson Rd Clarence Center, NY 14032 Birch Grove Landscaping $43,400.00 PO Box 117 East Aurora, NY 14052 Gleason's Nursery $80,881.00 4780 Sheridan Dr Williamsville, NY 14221 Titan Development $84,500.00 8534 Seaman Rd Gasport, NY 14067 1 hereby certify the foregoing is a true and correct statement of the bids received and that American Paving is the lowest responsible bidder in accordance with the plans and specifications; and that the contract amount is $43,20011.00. 1 request that your Honorable Body authorize the Commissioner of Public Works, Parks, and Streets to order the work on the basis of the low bid. Funds for this work will be available in Bond Fund number 38400106. Mr. Coppola moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 31, 2005, 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 Butler Park Improvements, to American Paving, the lowest responsible bidder, in the amount of $43,200.00. Funds for the project are available in Bond Fund 38400106. PASSED AYES - 9 NOES — 0 NO. 37 Report of Bids Delaware Park Labor Center Roof Reconstruction Job No. 0627 Delaware District I advertised for on July 12, 2005 and received the following formal bids for the Delaware Park Labor Center, Roof Reconstruction, on August 2, 2005. Jameson Roofing Co. $108,528.00 3761 E. Lake Rd., Dunkirk, NY Progressive Roofing $118,500.00 331 Grote SL, Buffalo, NY Jos. A. Sanders & Sons $143,825.00 P 0 Box 814, Buffalo, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Jameson Roofing Co., with a bid of One Hundred Eight Thousand Five Hundred Twenty Eight and 00/100 Dollars ($108,528.00), is the lowest responsible bidder in accordance with the plans and specifications: I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. Funds for this project are available in Division of Buildings - 38321106-445100. Mr. Coppola moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 3, 2005, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Delaware Park Labor Center, Roof Reconstruction, to Jameson Roofing Co., the lowest responsible bidder, in the amount of $108,528.00. Funds for the project are available in Division of Buildings - 38321106-445100. PASSED AYES — 9 NOES — 0 NO. 38 Report of Bids Friends to the Elderly Flooring Replacement Job No. 0518 Masten District I advertised for on July 14, 2005 and received the following formal bids for Friends to the Elderly, 118 E. Utica Street, Flooring Replacement, on July 5, 2005. Base Bid Alt #1 Alt #2 Alt #3 Alt #4 Alt #5 Alt #6 Spectra Contract Flooring $51,187 $401 ($1,466) ($1,460) ($6,010) ($4,413) ($6,41) 29 Depot, Buffalo, NY Continental Flooring $53,800 $450 ($1,200) ($1,330) ($5,100) ($7,200) ($8,500) 9319 N 94 Scottsdale, AZ Alt #1 (Add): 1 st Floor, Zone 1, Supply VCT. Alt #2 (Deduct): I Floor, Zone 4, Replace linoleum with VCT. Alt #3 (Deduct): 2 Floor, Zone 5, Replace linoleum with VCT. Alt #4 (Deduct): 2 Floor, Zone 6, Replace linoleum with VCT. Alt #5 (Deduct): 1 st Floor, Zone 7, Replace cementitious with non -slip VCT. Alt #6 (Deduct): I Floor, Zone 7, Omit completely. I hereby certify that the foregoing is a true and correct statement of all bids received and that Spectra Contract Flooring, with a Base Bid of $51,187, deduct Alt #2 for $1,466, deduct Alt #3 for $1,460, deduct Alt #4 for $6,010, deduct Alt #5 for $4,413, for a total of Thirty Seven Thousand Eight Hundred Thirty Eight and 00/100 Dollars ($37,838.00), is the lowest responsible bidder in accordance with the plans and specifications: I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. Funds for this project are available in Division of Buildings Capital Account 30338106 - 445100 for the Base Contract. Friends to the Elderly have agreed to provide $15,000.00 for their project. Mr. Coppola moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 12, 2005, 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 Friends to the Elderly, 118 E. Utica Street, Flooring Replacement, Job No. 0518, to Spectra Contract Flooring, the lowest responsible bidder, with a Base Bid of $51,187, deduct Alt #2 for $1,466, deduct Alt #3 for $1,460, deduct Alt #4 for $6,010, deduct Alt #5 for $4,413, for a total of $37,838.00. Funds for the project are available in Division of Buildings Capital Account 30338106 - 445100 for the Base Contract. PASSED AYES -9 NOES -0 NO. 39 Report of Bids Repair to City Pavements II - Group #647 Thomann Asphalt Paving Corp. Item #126, C.C.P. 3/3/98 This is to advise your Honorable Body that I have advertised and received bids In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Unit Price Increase Thomann Asphalt Paving Corp. $171,400.00 $188,540.00 56 Gunville Road, Lancaster, NY 14086 C. Destro Development Co., Inc. $214,995.00 $236,494.50 2255 Bailey Avenue, Buffalo, NY 14211 Birch Grove Landscaping & Nursery, Inc. $239,905.00 $263,895.50 P.O. Box 117, East Aurora, NY 14052 1 hereby certify that the lowest responsible bidder for the above project is Thomann Asphalt Paving Corp. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $188,540.00 ($171,400.00 Base Bid + 10% unit price increase $17,140.00 = Total Award $188,540.00 ). Funds for this work are in Capital Project Account #30032106 & #38310506. The engineer's estimate for this work is $215,000.00. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by October 15, 2005.. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Coppola moved That the above communication from the Commissioner of Public Works, Parks and Streets dated August 31, 2005, 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 Repair to City Pavement 11, Site, Group #647 to Thomann Asphalt Paving Corp., the lowest responsible bidder, in an amount of $188,540.00 ($171,400.00 Base Bid +10% unit price increase $17,140.00 = Total Award $188,540.00). Funds for this project are available in Capital Project Account #30032106 & #38310506. PASSED AYES — 9 NOES — 0 NO. 40 REPORT OF BIDS STREET REPAIR CUTS - 2006, CA -. #646 CITY -WIDE, C. DESTRO DEVELOPMENT CO., INC. This is to advise your Honorable Body that I have advertised and received bids for repair of water and plumber cuts city- wide on August 17, 2005. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. Work locations are related to emergency cave - ins, hazardous conditions and water /plumber cuts. The following bids were received: Base Bid Unit Price Increase C. Destro Development Co., Inc. $483,962.50 $532,358.75 2255 Bailey Avenue, Buffalo, NY 14211 Birch Grove Landscaping & Nursery, Inc. $653,275.00 $701,671.25 P.O. Box 117, East Aurora, NY 14086 Thomann Asphalt Paving, Inc. $698,470.00 $746,866.25 56 Gunnville Road, Lancaster, NY 14086 Amherst Paving Corp. $740,462.50 $788,858.75 330 Meyer Road, Amherst, NY 14226 1 hereby certify that the lowest responsible bidder for the above project is C. Destro Development Co., Inc. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $532,358.75 ($483,962.50 Base Bid + 10% unit price increase $48,396.25 = Total Award $532,358.75). Funds for this work are in Public Works Accounts #30032106 and #53200696 (water). The engineer's estimate for this work is $500,000.00. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by October 1, 2005. Individual hid submissions are available in our office for inspection and copies are available upon request. Mr. Coppola Moved That the above communication from the Commissioner of Public Works, Parks and Streets dated August 31, 2005, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to award a contract for Street Repair Cuts - 2005 - Group #646, City Wide to C. Destro Development Co., Inc., the lowest responsible bidder, in an amount of $532,358.75 ($483,962.50 Base Bid + 10% unit price increase $48,396.25 = Total Award $532,358.75). Funds for this project are available in Public Works Accounts #30032106 and #53200696 (water). PASSED AYES — 9 NOES —0 NO. 41 Busti Avenue @ Vermont Street; Conduit within City right of way Ellicott District Mr. Paul S. Lorenzo, of the Peace Bridge Authority has requested permission to encroach City right of way at Busti Avenue and Vermont Street with an electrical conduit. The conduit will be installed from a Niagara Mohawk pole on Vermont Street across Busti Avenue to Peace Bridge property. The conduit is necessary in order to provide electrical service to the newly constructed duty -free complex. The Department of Public Works, Parks and Streets has reviewed this request pursuant to Chapter 413 -67 (Encroachment Regulations) of the City Charter and has no objection to Your Honorable Body authorizing the Commissioner of Public Works, Parks and Streets to issue a "Mere License" to the Peace Bridge Authority for said conduit installation provided the following conditions are met: 1. That the Peace Bridge Authority obtain any and all City of Buffalo permits necessary for said installation, including a street cut permit. 2. That the conduit is installed, and City right of way restored, according to Department of Public Works, Parks and Streets Standard Specifications. 3. That the Peace Bridge Authority supply the Department of Public Works, Parks and Streets with a set of "as built' plans depicting the exact location of said conduit upon completion of the project. 4. That the Peace Bridge Authority provide the Department of Public Works, Parks and Streets with a construction in street bond or Certificate of Insurance which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use or removal of said conduit. 5. That, as an owner of underground facilities, the Peace Bridge Authority become an active member of Dig Safely New York as required by New York State Law, Code 753. Mr. Coppola moved: That the above communication from the Department of Permit & Inspections Services dated September 1, 2005 be received and filed; and That the Commissioner of Department of Permit & Inspections Services be, and he hereby is authorized to issue a "mere license" to the Peace Bridge Authority, applicant, to install a conduit from a Niagara Mohawk pole on Vermont Street across Busti Avenue to the Peace Bridge property which would encroach city right -of -way at said address, subject to the conditions as listed above. PASSED AYES — 9 NOES —0 NO 42 Change in Contract Elmwood Hertel Fire Station Construction Job #0436 North District I hereby submit to Your Honorable Body the following changes for the Elmwood Hertel Fire Station, Construction, General Construction, Concept Construction Corp., C #92010961. 1. Additional soffit framing at High Bay Overhang. Add $ 3,260.00 The foregoing change results in a net increase in the contract of Three Thousand Two Hundred Sixty and 00/100 Dollars ($3,260.00). Summary: Current Contract Amount $1,854,427.00 Amount of This Change Order ( #5) Add $ 3,260.00 Revised Contract Amount $1,857,687.00 Costs have been reviewed by the Consulting Architect (Carmina & Wood Architects) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 30062306 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., Coppola moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 9, 2005, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 5, to Concept Construction Corp., an increase in the amount of $3,260.00, as more fully described in the above communication, for work relating to Job No. 0436, Elmwood Hertel Fire Station, C #92010961. Funds for this project are available in 30062306 - 445100 Division of Buildings. PASSED AYES — 8 NOES — 1 AYES — BONIFACIO, CONRAD, COPPOLA, DAVIS, FONTANA, FRANCZYK, RUSSELL AND THOMPSON — 8 NOES — GOLOMBEK — 1 NO. 43 Change in Contract North Jefferson Library Construction Job #0324 Masten District I hereby submit to Your Honorable Body the following changes for the North Jefferson Library, Construction, Electrical Work, Tunney Electric, C #92010831. 1. Electrical work required to remove masonry wall between Rooms 130 and 132, to insure sufficient passage from Exterior Storage, Room 128, through Mechanical Room 132, and to the rest of the building. Add $ 1,249.23 The foregoing change results in a net increase in the contract of One Thousand Two Hundred Forty Nine and 23/100 Dollars ($1,249.23). SUMMARY Current Contract Amount $ 516,175.63 Amount of This Change Order ( #7) Add $ 1,249.23 Revised Contract Amoun t$ 517,424.86 Costs have been reviewed by the Consulting Architect (Robert Traynham Coles, Architect) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 37320306 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. Coppola moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 1, 2005, 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. 7, to Tunney Electric, an increase in the amount of $1,249.23, as more fully described in the above communication, for work relating to Job No. 0324, North Jefferson Library Construction, Electrical Work, C #92010831. Funds for this project are available in 37320306 445100 - Division of Buildings. PASSED AYES — 9 NOES — 0 NO. 44 Change in Contract North Jefferson Library Construction Job #0324 Masten District I hereby submit to Your Honorable Body the following changes for the North Jefferson Library, Construction, HVAC Work, W. C. Roberson Plumbing & Construction, C #92010865. 1. Refinements to return air system for economy and appearance; rearrangements of duct and equipment layout due to restrictions of running sprinkler system in lower ceiling spaces. Add $11,584.00 The foregoing change results in a net increase in the contract of Eleven Thousand Five Hundred Eighty Four and 00/100 Dollars ($11,584.00). Summary Current Contract Amount $601,947.53 Amount of This Change Order ( #3) Add $ 11,584.00 Revised Contract Amount $613,531.53 Costs have been reviewed by the Consulting Architect (Robert Traynham Coles, Architect) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 38321 006 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. Coppola moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 15, 2005, 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 W. C. Roberson Plumbing & Construction, an increase in the amount of $11,584.00, as more fully described in the above communication, for work relating to Job No. 0324, North Jefferson Library Construction, HVAC Work, C #92010865. Funds for this project are available in 38321006 445100 - Division of Buildings. PASSED AYES — 9 NOES — 0 NO. 45 Change in Contract North Jefferson Library Construction Job #0324 Masten District I hereby submit to Your Honorable Body the following changes for the North Jefferson Library, Construction, General Construction, Patrick Development of WNY, Inc., C #92010833. 1. Work required to remove masonry wall between Rooms 130 and 132, to insure sufficient passage from Exterior Storage, Room 128, through Mechanical Room 132, and to the rest of the building. Add $ 2,487.87 The foregoing change results in a net increase in the contract of Two Thousand Four Hundred Eighty Seven and 87/100 Dollars ($2,487.87). Summary Current Contract Amount $3,069,919.60 Amount of This Change Order ( #7) $ 2,487.87 Revised Contract Amount $3,072,407.47 Costs have been reviewed by the Consulting Architect (Robert Traynham Coles, Architect) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 37320306 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. Coppola moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 1, 2005, 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. 7, to Patrick Development of WNY, Inc., an increase in the amount of $2,487.87, as more fully described in the above communication, for work relating to Job No. 0324, North Jefferson Library Construction, General Construction, C #92010833. Funds for this project are available in 37320306 445100 - Division of Buildings. Passed Ayes — 9 noes —0 No. 46 Change in Contract North Jefferson Library Construction Job #0324 Masten District I hereby submit to Your Honorable Body the following changes for the North Jefferson Library, Construction, General Construction, Patrick Development, C #92010833. 1. Furnish and install acrylic stucco to finish interior walls and provide finished sill below the borrowed lights. RFI #37, RFI #114 Add 2. Delete roof hatch access doors and add one access panel. RFI #54 Add 3. Hardware change from unfinished aluminum color to black. RF1 #155 Add 4. Furnish and install Type 2 Acoustic Ceilings for Meeting Room. Add RFI #156 The foregoing change results in a net increase in the contract of Seven Thousand Three Hundred Eighty Eight and 74/100 Dollars ($7,388.74). Summary Current Contract Amount $3,072,407.47 Amount of This Change Order ( #8) $ 7,388.74 Revised Contract Amount $3,079,796.21 Costs have been reviewed by the Consulting Architect (Robert Traynham Coles, Architect) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 37320306 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. Coppola moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 9, 2005, 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. 8, to Patrick Development of WNY, Inc., an increase in the amount of $7,388.74, as more fully described in the above communication, for work relating to Job No. 0324, North Jefferson Library Construction, General Construction, C #92010833. Funds for this project are available in 37320306 445100 - Division of Buildings. PASSED AYES — 9 NOES - 0 NO. 47 Change in Contract North Jefferson Library Construction Job #0324 Masten District I hereby submit to Your Honorable Body the following changes for the North Jefferson Library, Construction, General Construction, Patrick Development of WNY, Inc., C #92010833. 1. Change in door type for entrance to the African American Resource Room from flush wood doors to full -glass stile and rail doors. (RFI #27) Add $ 2,979.65 The foregoing change results in a net increase in the contract of Two Thousand Nine Hundred Seventy Nine and 65/100 Dollars ($2,979.65). SUMMARY Current Contract Amount $3,079,796.21 Amount of This Change Order ( #9) $ 2,979.65 Revised Contract Amount $3,082,775.86 Costs have been reviewed by the Consulting Architect (Robert Traynham Coles, Architect) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 38321 006 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. Coppola moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 15, 2005, 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. 9, to Patrick Development of WNY, Inc., an increase in the amount of $2,979.65, as more fully described in the above communication, for work relating to Job No. 0324, North Jefferson Library Construction, General Construction, C #92010833. Funds for this project are available in 38321006 445100 - Division of Buildings. PASSED $ 3,861.90 $1,432.89 $ 184.00 $1,909.95 AYES — 9 NOES — 0 NO. 48 Change in Contract Police Garage Emergency Roof Reconstruction Job #0519 Ellicott District I hereby submit to Your Honorable Body the following changes for the Police Garage, Emergency Roof Reconstruction, Jameson Roofing Co., Inc., C #92010994. 1. Add gypsum deck reconstruction and replacement. Add $ 3,238.00 The foregoing change results in a net increase in the contract of Three Thousand Two Hundred Thirty Eight and 00/100 Dollars ($3,238.00). Summary Current Contract Amount $ 96,919.00 Amount of This Change Order ( #1) $ 3,238.00 Revised Contract Amount $100,157.00 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 36322206 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. Coppola moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 22, 2005, 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 Jameson Roofing Co., Inc., an increase in the amount of $3,238.00, as more fully described in the above communication, for work relating to Job No. 0519, Police Garage, Emergency Roof Reconstruction, C #92010994. Funds for this project are available in 36322206 445100 - Division of Buildings. PASSED AYES — 9 NOES — 0 NO. 49 CHANGE IN CONTRACT REPAIR TO CITY PAVEMENTS - 2005, GROUP #643 C. DESTRO DEVELOPMENT CO., INC. ITEM #26 OF C.C.P. 05/03/05 1 hereby submit to our Honorable Body the following unit price additions to the contract to complete repairs at Tonawanda /Hertel and Colvin /Amherst intersections. Contract Description Unit Estimated Estimated Item Price Cost 02.111 Unclassified $30 /cu.yd.60cu.yd. $1,800.00 02.412 Small Machine Milling of Aphalt Pavement - 0" - 3" $6 /sq.yd. 100 sq.yds. $600.00 04.150 Asphalt Concrete — Hand Laid $160 /ton 10tons $1,600 05.120 Patterned Stamped CrosswalksConcrete $18.50/sq.fl.1,600 $29,600 05.222 Metal Reinforcement$0.75 /sq.fl.1,600 sq ft $1,200 05.416 Sawing Asphalt - 0" - 4 "$2 /lin.tL 400 In.fl. $800.00 12. 110 Maintenance & Protection of Traffic $5,000 As. Nec. $5,000.00 12.406w 6" White Proforemed $4 /lin.fl. 300 Iin.fl. $1,200.00 120418w 18" White Preformed $8 /lin.fl. 76 Iin.fl. $608.00 90.500 Miscellaneous Construction Allowance$2,500 Lump Sum $2,500.00 8502.5014 Sawcutting Asphalt Pavement, Concrete$5 /lin.fl. 4001 in.ft $2,000 Pavement & Asphalt Overlay on Concrete Pavement Increase in Contract Original Contract $205,370.00 Increase in Contract $46,908.00 Total Contract to Date Funds for this change are available in Division of Engineering Bond Fund Account #30032106 & #38310506. 1 respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that your Honorable Body approve the subject Change order and authorize the Commissioner of Public Works to issue said change order to C.Destro Development Co. Inc. Mr. Coppola moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 1, 2005, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to C. Destro Development Co., Inc., an increase in the amount of $46,908.00, as more fully described in the above communication, for work relating to Repair to City Pavements - 2005, Group #643. Funds for this project are available in Division of Engineering Bond Fund Account #30032106 & 38310506. PASSED AYES - 9 NOES -0 NO. 60 CHANGE IN CONTRACT RE, SURFACING OF CITY PAVEMENTS - 2006, OR. #641 C. DESTRO DEVELOPMENT CO., INC. ITEM #26 OF C.C.P. 06/03/06 1 hereby submit to our Honorable Body the following unit price additions to the contract for the above named Project. This change order is necessary to mill /overlay the following additional locations: Passed Barker - Main to Delaware Burke- Eggert to City Line Dupont - East Ferry to East Utica High Street - Main to Michigan Locust - BFNC to North Contract Item Description Unit Estimated Estimated Price Quantity Cost 02.402 Mill existing pavement 2" $1.10 /sq.yd. 39,200 . $43,120.00 04.140 Asphalt concrete — material provided, $10.00 /ton5,000 $50,000.00 pick -up & placement 12.110 Maintenance & Protection of Traffic $4,000.00 Lump sum $4,000.00 Increase in Contract $97,120.00 Original Contract $2,525,316.75 Increase in Contract $97,120.00 Total Contract to Date $2,622,436.75 Funds for this change are available in Division of Engineering Bond Fund Account #30032106 & #38310506. 1 respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that your Honorable Body approve the subject Change order and authorize the Commissioner of Public Works to issue said change order to C. Destro Development Co. Inc. Mr. Coppola moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 29, 2005, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to C. Destro Development Co., Inc., an increase in the amount of $97,120.00, as more fully described in the above communication, for work relating to Resurfacing of City Pavements - 2005, Group #641. Funds for this project are available in Division of Engineering Bond Fund Account #30032106 & #38310506. PASSED AYES - 9 NOES -0 NO. 61 DIVISION OF ENGINEERING EQUIPMENT TRADE IN FOR PURCHASE OF NEW FRONT END LOADER I hereby request permission of Your Honorable Body to allow the Commissioner of Public Works, Parks and Streets to purchase a new front end loader for the Division of Engineering and trade in the following equipment currently in the Engineering Division's inventory. E -580 1991 Barber Greene Paving Machine E -720a 1992 Low Boy Trailer E -057 1982 14 Ton Bomag RollerE -015 E015 1972 Huber Pull Roller E -054 1981 International High Lift The above equipment has been replaced with newer models or is no longer used by the Division of Engineering. Our Department approximates the value of the above equipment to be $70,000.00 and will use this amount to offset the cost of the new front end loader for the Division of Engineering. The approximate cost of a new front end loader is $100,000.00. REFERRED TO THE COMMITTEE ON FINANCE NO. 62 2130 DELAWARE AVENUE; DRIVE THRU WINDOW NORTH SIDE GREAT ARROW AVENUE (NORTH DISTRICT) (ITEM NO. 112, C.C.P. 7/26/06) The Department of Public Works, Parks and Streets has reviewed the request by the property owner of 2130 Delaware Avenue to utilize City right of way for the purpose of installing a drive thru window and driveway for a new Bagel Jays located in the Marshalls Plaza. The drive thru window would be located on the Great Arrow Avenue side of the property and the driveway leading to said window would occupy city right of way. This Department and has no objection to the installation provided the following conditions are met: 1)That the applicant obtain the necessary building permit. 2)That the applicant obtain the necessary curb cut permit. 3)That the applicant be responsible for maintenance of the area. 4) That the applicant supply this department with a certificate of insurance, in an amount deemed sufficient by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss or injury arising out of the construction, use or removal of said drive thru window and driveway. 5)That the new driveway, curbing, fencing and pavement markings are constructed as directed by the commissioner of Public Works, Parks and Streets. Mr. Coppola moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 30, 2005 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to grant permission to Bagel Jays, 2130 Delaware Avenue, to install a drive thru window and driveway which would encroach city right -of -way on the Great Arrow Avenue side of the property, subject to the conditions as listed above. PASSED AYES - 9 NOES -0 NO. 63 CITY OF BUFFALO, NY; FCC FORMS 394 DATED JUNE 10, 2006 Dear Mr. Tarapacki: Time Warner Cable Inc. ( "Time Warner Cable," "TWC" or "Transferee ") received on July 19, 2005 your letter dated July 15, 2005 on behalf of the City of Buffalo (the "City "), relating to the FCC Forms 394 dated June 10, 2005 (collectively, the "Application ") submitted to the City in connection with certain transactions (the "Transactions ") whereby the cable television systems serving the City will be acquired and operated by an indirect subsidiary of Time Warner Cafe. We note at the outset that your request seeks a vast quantity of information, much of which we believe is not relevant or necessary for the City' review of the Application. Under the FCC's rules and relevant decisions, a franchising authority's review of a proposed transfer of a franchise should focus on the legal, technical, and financial qualifications of the proposed transferee. A franchising authority may not delay or impose conditions on a transfer based on conditions unrelated to the proposed transferee's qualifications. See Implementation of Sections 11 and 13 of the Cable Television Consumer Protection and Competition Act of 1992, Memorandum Opinion and Order on Reconsideration, 10 FCC Rcd 4654 (1 995) at ¶ 52 ( " 1995 FCC Order') (limiting the scope of information relevant to the franchise transfer review to that "reasonably necessary to determine the qualifications of proposed transferee "); Implementation of Sections 11 and 13 of the Cable Television Consumer Protection and Competition Act of 1992, Report and Order, 8 RCC Rcd 6228 (1993) at ¶ 38, n. 38 (a city "may not delay a transfer or impose conditions on a transfer authorization that would impinge on the [FCC's] statutory authority "). See also 1995 FCC Order at ¶ 52 (by adopting federal procedures regarding transfer approvals, "Congress wanted to ensure that the local franchise approval process not unduly delay the consummation of transactions. "). Time Warner Cable will, of course, cooperate in providing the City with such additional information as is relevant to the FCC Form 394 review process. Moreover, while we do not believe much of the information requested is required by FCC Form 394 or is otherwise necessary for consideration by the City within the proper scope of their review of the Application, we are submitting responses to your inquiries with the understanding that such responses are being provided without prejudice to our position that (1) the information is not necessary for franchising authority review; and (2) the failure or delay in submission of any of the requested documents or information does not excuse a franchising authority's obligation to timely process FCC Form 394. Furthermore, please note that a number of the requested documents contain confidential trade and business information and are not necessary to an understanding of the Application or the qualifications of Time Warner Cable. FCC Form 394 expressly allows the withholding of any "[c]onfidential trade, business, pricing or marketing information, or other information not otherwise publicly available. " As indicated in response to specific requests, Time Warner Cable is willing to make such documents available to the City for review at a designated location upon the execution of an appropriate confidentiality agreement. Finally, as indicated in the Application, it is intended that the transfer of control of certain of the cable systems will involve a two -step process whereby control of certain systems currently operated by Adelphia will be transferred (the "Adelphia Transaction ") to an indirect subsidiary of Comcast Corporation ( "Comcast "), and thereafter the new franchisee will become an indirect subsidiary of, and do business as, Time Warner Cable (the "Exchange "). It is anticipated that the transfers from Adelphia to Comcast and from Comcast to Time Warner Cable will be completed contemporaneously and in direct succession. Thus, we believe that many of the questions and document requests enclosed with your July 15, 2005 letter do not apply to Comcast, either because it has no current history of operating the systems serving the City or because any such future operation pursuant to the Transactions described in the Application is likely to be transitory at most. Your specific inquiries are addressed below in the order they appear in your July 15, 2005 letter. 1. The agreements and schedules relating to the transactions that will allow the City to assess the financial and legal qualifications of the transferee and whether all of the transfer or obligations to the City will be fully assumed by the transferee. Legal Qualifications: As stated in response to Section II, item 3 of FCC Form 394, to the extent required by applicable law, Transferee either is, or will be as of the effective date of the closing, duly qualified to transact business in the State of New York prior to the time it assumes responsibility for the operation of the cable systems serving the City. Financial Qualifications: The Application also includes a certification as to the financial qualifications of Time Warner Cable. See Form 394, Section III. This certification is supported 2 See FCC Form 394, Part I, Question 2(a). by the consolidated financial information, including segment data relating to the operations of Time Warner Cable, contained on the Annual Report on Form 10 -K for fiscal year 2004 that was included on the Supplemental Documents CD submitted with the Application. Additional detail demonstrating the financial qualifications of Timer Warner Cable is set forth in the Disclosure Statement that was recently filed in connection with the Adelphia bankruptcy proceeding. The Disclosure Statement is provided on the enclosed CD. Transferor's Obligations to the City: The FCC Form 394 provided to the City includes Time Warner Cable's certification as to compliance with applicable terms and conditions of the Franchise subsequent to the closing of the Transaction and subject to applicable law. The Bankruptcy Code requires similar assurances of the Transferee's future performance under the Franchise. Moreover, the Bankruptcy Code requires Adelphia to cure or provide adequate assurance that it will promptly cure defaults under the franchise agreements before such agreements can be transferred. If the City alleges any defaults, please provide Adelphia with a detailed list at your earliest convenience. 2. The assets and liabilities that will be assumed by the buyer under the transaction agreements, the time periods for those liabilities and the financial impact on the buyer. The assets and liabilities to be assumed by the buyer and the time periods for those liabilities are disclosed in the Asset Purchase Agreements submitted with the Application. At this juncture, it would be premature for Time Warner Cable to speculate on the financial impact of those liabilities. However, Time Warner Cable will not assume any of Adelphia's outstanding debt. Time Warner Cable expects to assume all material tangible assets used in connection with the operation of the system located in the City. 3. The contingencies of the transaction (including how it could impact the ability of the ultimate company to meet its cash flow needs). Any transactional contingencies are set forth in the FCC Form 394 application. As discussed in item 1, supra, the Application includes a certification as to the financial qualifications of Time Warner Cable. See Form 394, Section III. The Adelphia Transaction is contingent, among other items, upon approval by the Bankruptcy Court and regulatory approvals under the Hart - Scott - Rodino Act and from the FCC. The Exchange is contingent upon regulatory approvals under the Hart- Scott - Rodino Act and from the FCC. 4. The structure and ownership of an,intermediate companies and the ultimate company,/ that will control the franchise in question. Enclosed as Exhibit 1 is a detailed diagram showing the "Intermediate Entities" identified on the Time Warner Cable ownership chart included with the Application. The enclosed diagram also shows all percentage ownership interests, and identifies American Television and Communications Corporation as the entity under common control with Time Warner Cable Inc. that will hold a minority non - voting equity interest (approximately 12 %) in Time Warner NY Cable Holding Inc., an intermediate subsidiary. 5. The projected financial statements of that company, which will allow the City to evaluate the financial capability of the transferee. As discussed in Item I, supra, the Application includes a certification as to the financial qualifications of Time Warner Cable. Financial statements were included on the CD provided with the Application, and additional financial information can be found in the Disclosure Statement included on the enclosed CD. See Form 394, Section III. 6. The changes to cable operations that will occur during: and following the transfer approval process (including but not limited to any customer service call- center closures and personnel impacted, reroutine: of customer service calls, consolidation ofheadends, changes to customers' e-mail addresses, and changes to channel line -ups and rates, where applicable). Call Centers: It is premature for Time Warner Cable to develop specific plans regarding management, operational or technical changes to the cable system serving the City. Time Warner Cable has no current plans to change any call centers serving subscribers in Buffalo. Time Warner Cable will determine whether any changes in call centers would provide better service to our customers after closing of the Transactions and upon a thorough analysis of Adelphia's current call center operations. E -Mail: The Transactions will not result in any disruption to the continued availability of high -speed cable modem service to existing customers in the City. Channel Line -Ups: As stated above, it is premature for Time Warner Cable to develop specific plans regarding management, operational or technical changes to the cable system serving the City. Consolidation of Headends: Because Time Warner Cable does not currently have unrestricted access to the existing cable systems' facilities in the City, it has been unable to develop any definitive plans with regard to consolidation of headends. Rerouting of Customer Service Calls: As stated above, it is premature for Time Warner Cable to develop specific plans regarding management, operational or technical changes to the cable system serving the City, and therefore there are no changes to the local customer service office anticipated as a result of the Transactions. Perhaps most importantly, we understand the importance of providing good customer service in order to maintain our customers and attract new customers in what is becoming an increasingly competitive business. Rates: See response to Item 9, infra. 7. Time Warner's plans for the current Adelphia employees working in the City of Buffalo, and Time Warner's policies regarding: its workforce, including wages and benefits, use of contract workers, training programs, etc. As explained in the Application (FCC Form 394, Exhibit 2), Time Warner Cable does not contemplate or plan any reductions in local staffing or other resources that would adversely affect the quality or quantity of video programming, customer service and other aspects of the cable system operations in the affected Franchise areas. Time Warner Cable has no plans to close any local offices currently maintained by Adelphia within the City. 8. Time Warner's plans to remain fully compliant with financial, rebuild, upgrades, line extensions, customer service requirements, PEG, institutional networks, and other franchise commitments. The Application provided to the City includes Time Warner Cable's certification as to compliance with applicable terms and conditions of the Franchise subsequent to the closing of the Transaction and subject to applicable law. Such assurances are reiterated in the draft resolution provided for adoption by the City. 9. Any component of Time Warner's business plan that includes the raising of subscriber rates, or reduction in customer or technical services /employees, delayed system upgrades, or delayed deployment of new services, within the City over the next three years, describe in detail the expected impact of rate increases and reductions in operating expenses on financial resources. It is premature for Time Warner Cable to develop specific plans regarding management, operational or technical changes to the cable system serving the City, and this includes any plans for changes in rates and /or programming offerings. However, as set forth in the Application, Time Warner Cable does not anticipate that the Transactions will have any adverse impact on cable television rates. Indeed, due to the operational efficiencies expected as a result of the Transactions, coupled with an ever - increasing competitive environment, it is only reasonable to assume that future rate increases are likely to be tempered as a result of the Transactions. For the record, Time Warner Cable also notes that the FCC has expressly stated that, in exercising their transfer jurisdiction, franchising authorities may not seek to circumvent federal policies and limitations regarding the regulation of cable rates. 10. The impact that the failure to win bankruptcy court approval of the Adelphia asset sale would have on this application. Given the status of the bankruptcy proceeding for Adelphia, it would be premature to speculate on this matter. As stated in the application, the proposed Transaction is intended to be consummated through a plan of reorganization. Accordingly, the Transaction approval process requires that a plan of reorganization be voted on by Adelphia's stakeholders and then confirmed by the Bankruptcy Court. Adelphia expects to have such plan confirmed by the end of the first quarter of 2006. While considered unlikely, failure to obtain Bankruptcy Court approval could delay or seriously jeopardize the many benefits that existing Adelphia subscribers are expected to realize upon completion of the Transactions. Numerous such benefits are detailed on the 3 See h— Iplementation of Sections 1 1 and 13 of the Cable Television Consumer Protection and Competition Act of 1992, Report and Order, 8 FCC Rcd 6828 (1993) at ¶ 39, n. 38. Public Interest Statement submitted to the FCC, a copy of which is contained on the enclosed CD. The City can expedite the realization of these benefits by prompt approval of the Application. On June 24, 2005, Adelphia took the first step in the confirmation process by filing the Second Amended Joint Plan of Reorganization Under Chapter 1 1 of the Bankruptcy Code (as may be amended, the "Plan ") and the related Second Amended Disclosure Statement Pursuant to Section 1125 of the Bankruptcy Code (as may be amended, the "Disclosure Statement.') The Plan and Disclosure Statement are available via the Internet at http: / /www.nysb.uscourts.gov and www.adelphia.com, and a copy is included on the enclosed CD. The Disclosure Statement describes the Plan (and the sale transactions) and will provide Adelphia's stakeholders adequate information to determine whether to vote to accept or reject the Plan. The next main event will be a hearing to approve the Disclosure Statement. This is anticipated to take place in September 2005. After the Disclosure Statement is approved, it will be distributed to Adelphia's stakeholders who are entitled to vote on the Plan. The voting process will last approximately 75 days. Assuming a favorable vote on the Plan (and the Plan being otherwise confirmable by the Bankruptcy Court), a confirmation hearing will be held at which time the Judge in the case will be asked to confirm (or approve) the Plan. After the Judge approves the Plan, the transaction can then be consummated as soon as all other conditions to (i) the effectiveness of the Plan and (ii) the Asset Purchase Agreements entered into among Comeast, Time Warner and Adelphia (collectively, the "APA "), are satisfied. We note that while the official creditors committee and the official equity committee will have significant input into the Plan confirmation process, their consent is not a prerequisite for confirmation of the Plan or approval of the transaction. Once a Plan is confirmed, the parties anticipate that it could take several months to close the transaction and make the Plan effective. We trust that you will find the information in this letter to be responsive to your various requests. This information clearly demonstrates that the Application was complete as filed, and in any event this response has been provided on a timely basis. Thus, the 120 -day review period referenced in 47 C.F.R. § 76.502(c) commenced upon receipt of the Application by the City. Please do not hesitate to contact me if you have additional questions or if! can be of further assistance. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 54 INCREASE IN CONTRACT CITYWIDE SPORTS FIELD IMPROVEMENTS PHASE 2 (DELAWARE) We are requesting permission of your Honorable Body to increase tile above contract with Buffalo Creek Landscaping in the amount of $5100.00. This change order was necessitated due to the addition of an additional field in Delaware Park at the request of the Parks Division. The price is based on unit prices in tile contract and has been found to be fair and reasonable by our staff. Funds for this work are available in Bond Account 38400106. SUMMARY Contract Amount - $38,400.00 Change Order - $5100.00 New Contract Amount - $43,500.00 Mr. Coppola moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated July 21, 2005, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to Buffalo Creek Landscaping, an increase in the amount of $5,100.00, as more fully described in the above communication, for work relating to Citywide Sports Field Improvements Phase 2. Funds for this project are available in Bond Account 38400106. PASSED AYES - 9 NOES -0 NO. 55 C LOG SHEETS FOR BROKEN STREET LIGHTS ITEM NO. 140, C.C.P. 06/28/05 The referenced item was sent to this office for comment. This department endorses and supports the effort to have all City vehicles maintain a log of out of service street lights in the City. All reports should be forwarded to this department for follow -up. REFERRED TO THE COMMITTEE ON FINANCE AND ALL CITY DEPARTMENTS NO. 56 ORDINANCE AMENDMENT CHAPTER 30 -11 LIGHTING AND POWER SERVICE ITEM NO. 150, C.C.P. 07/26/05 The referenced item was sent to this office for comment. We have no objection to utilizing a consultant to evaluate our energy usage and procurement, on condition that sufficient funding is provided in the appropriate future operations budget. The Common Council should also allow the Commissioner to seek exemption from the requirement whenever the Commissioner feels that such a study would not prove beneficial to the City. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL NO. 57 PERMISSION FOR ART IN PUBLIC PLACES NORTH JEFFERSON LIBRARY CONSTRUCTION MASTEN DISTRICT Permission is hereby requested from Your Honorable Body for the construction cost for the Art in Public Places on the North Jefferson Library project. The Buffalo Arts Commission has approved the following art components, which would be supplied by the General Contractor, Patrick Development: Hand Carved Doors $20,199.75 Masonry Murals $21,828.00 $42,027.75 The total Art in Public Places budget for this project is $50,000 of which $10,000 has been previously authorized by Your Honorable Body. The remaining balance of $40,000 is insufficient to pay for the selected art components. We request that an additional $2,027.75 be authorized so that the art may be constructed as envisioned. Funds are available in the construction bond account for the project, 37320306. Mr. Coppola moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 30, 2005, be received and filed; and That the Comptroller transfer to the Department of Public Works, Parks and Streets an additional $2,027.75 so that the Art in Public Places on the North Jefferson Library project can be constructed as envisioned. Funds for this project are available in the construction bond account for the project 37320306. PASSED AYES - 9 NOES -0 NO. 58 PERMISSION TO ACCEPT FUNDS FRIENDS TO THE ELDERLY 118 EAST UTICA STREET MASTEN DISTRICT Permission is hereby requested from Your Honorable Body to accept $15,000 from Friends to the Elderly. The money will be used, along with existing City of Buffalo Capital Funds, for improvements to Friends to the Elderly, 118 East Utica Street. Mr. Coppola moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 12, 2005, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to accept $15,000 from Friends to the Elderly to be used along with existing City of Buffalo Capital Finds, for improvements to the Friends to the Elderly, 118 East Utica Street. PASSED AYES - 9 NOES -0 NO. 59 PLAYGROUND EQUIPMENT- CATHEDRAL PARK ITEM NO. 66, C.C.P. 07/26/05 ITEM NO. 69, C.C.P. 07/26/05 The referenced item was sent to this department for comment. As noted in this department's recent communication (Item No. 31, C.C.P. 07/26/05) the playground equipment was installed by, and for the Cathedral Park Daycare Center. This Center is now closed, but remains on City property. We have determined that there is no City use for this equipment, and we have no objection to the Common Council transferring the equipment to another Center. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 60 UTILIZING FLEXIBLE FUEL VEHICLES ITEM NO. ,121 7/12/2005 The referenced resolution was sent to this department for comment. Our research into ethanol gasoline does show that ethanol is less expensive and burns cleaner than standard unleaded gasolines. However, the largest vehicles that ethanol burning engines are available in are SUVs, pickups and minivans. These types of vehicles make up a very small percentage of this department's fleet. In addition, we do not know of any ethanol fueling stations in this area. Other possible alternatives are compressed natural gas (CNG), or biodiesel. These fuels are the most widely used alternatives for heavy equipment. Most manufacturers are supplying engines that will run on these fuels, but at significant increase in costs. The last time we solicited an alternate price for a CNG powered vehicle, the additional cost was $60,000 per unit. Although there are a few CNG fueling stations in the area, the frequency of refueling required made the use of CNG impractical. More investigation into biodiesel is needed. Preliminary studies indicate that there may be additional costs in equipping our vehicles to run on biodiesel fuels, and storage may also be costly. REFERRED TO THE COMMITTEE ON FINANCE NO. 61 CERTIFICATE OF APPOINTMENT Appoint Supervisor of Street Sanitation I, Temporary at the intermediate starting salary of $31,132 Michael A. Krupp, 253 Boll Street, Sloan NY 14212 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 62 THOMPSON - H. MCPHATTER & O- SUPPORT POLICE PATROL ENFORCEMENT IN FILLMODE - LEROY AREA "] [ITEM #78, C.C.P. JUNE 28, 2005] [ "R. HUSTON & O - SUPPORT POLICE PATROL ENFORCEMENT IN FILLMORE - LEROY AREA "] ITEM #86, C.C.P. JULY 26, 2005] In response to the aforementioned items; thank you for forwarding the letters of support of the Buffalo Police Department regarding police patrol enforcement in the Fillmore /Leroy area. RECEIVED AND FILED NO. 63 "DCJS COMPUTER LINK FOR REGISTERED SEX OFFENDERS ") ( RES #130 CCP JUNE 14, 2005 ) The New York State Department of Criminal Justice Services (DCJS), Sex Offender Registry (Albany), has advised the Buffalo Police Department Sex Offense Section that no New York State law enforcement agency currently has an individual computer link to the DCJS system for registered sex offenders. The E Justice data system is available to all law enforcement agencies. Access to information on all New York State registered sex offenders is available to law enforcement through the E Justice link. The Director (E Justice Sex Offender Registry) is regularly updated by DCJS, and, for all practical purposes, is real -time. The system is password - protected, for law enforcement agency use only, and is currently in use by the BPD Sex Offense Section. All information on registered sex offenders, (agency) contact information, and information sharing is possible through E Justice. However, DCJS advises that use of the E Justice system can not currently be linked to other systems for the purpose of dissemination of information to the public. According to DCJS, use of the E Justice system for public notification can be complicated by concerns of improper secondary dissemination. The general public has access to the DCJS level three Registered Sex Offender Sub - directory. The Sub - directory is also updated regularly by DCJS, and is, for practical purposes, in real time. Therefore, the Buffalo Police Department recommends to the Common Council that they recommend that current E Justice system be modified, or a similar system be devised, that will allow law enforcement agencies to easily disseminate information on registered sex offenders who are subject to the public notification provisions of the Sex Offender Registration Act, through the use of websites, email, and other electronic means. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 64 DRUG ASSET FORFEITURE CHECKS RECEIVED :ITEM NO. 104, C.C.P. 232/88 8155 - 00122860 C2 -04 -0066 $396.99 8155 - 00122860 C2 -04 -0066 748.19 8155- 00122860 C2 -04 -0066 1,265.39 8155 - 00122720 C2 -02 -0152 2,077.57 8150 - 00122700 C2 -04 -0160 187.47 8155 - 00122717 C2 -05 -0028 2,891.86 81 554301 2271 7 C2 -03 -0084 112.06 81 554301 2271 7 C2 -04 -0120 568.69 8155 - 00122768 C2 -05 -0059 3,287.29 8155- 00122770 C2 -05 -0069 1,539.49 TOTAL $13 The Drug Enforcement Administration (DEA) has administratively forfeited the above referenced property. The checks were received by this Department 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 Chief Richard Ortiz at 851 -5181. REFERRED TO THE COMMITTEE ON FINANCE NO. 65 Amendment to Enforcement of Illegal Dumping Ordinances - July 2005" Item #151, C.C.P. April 13, 2004: The following information is submitted per the Council's request for a monthly report from the Buffalo Police Department documenting the number of citations and adjudication's thereof of the city's illegal dumping ordinances: REFERRED TO THE COMMITTEE ON LEGISLATION NO. 66 [ "Enforcement of Illegal Dumping Ordinances "] [Item #151, C.C.P. April 13, 2004:] The following information is submitted per the Council's request for a monthly report from the Buffalo Police Department documenting the number of citations and adjudication's thereof of the city's illegal dumping ordinances: June 2004 Total: 2 June 2005 Total 1 REFERRED TO THE COMMITTEE ON LEGISLATION NO. 67 [ "Amendment to Enforcement of Noise Ordinances -July 2005 "] [Item #151, C.C.P. April 13, 2004:] The following information is submitted per the Council's request for a monthly report from the Buffalo Police Department documenting the number of noise ordinance citations and adjudication's: July 2004 Total: 29 July 2005 Total: 235 REFERRED TO THE COMMITTEE ON LEGISLATION NO. 68 [ "Enforcement of Noise Ordinances "] [Item #151, C.C.P. April 13, 2004:] The following information is submitted per the Council's request for a monthly report from the Buffalo Police Department documenting the number of noise ordinance citations and adjudication's: June 2004 Total: 29 June 2005 Total: 235 REFERRED TO THE COMMITTEE ON LEGISLATION NO. 69 [ "Implementation of a Permit Process for Max. No. of Dogs] [Item #146 C.C.P. July 26, 2005:] In response to the aforementioned Item, the Department does not have any comments and /or recommendations related to the permit process. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 70 Fleet Request The Buffalo Police Department is requesting permission to take into its fleet the vehicles listed below, free of any cost to the City of Buffalo. Two (2) vehicles can be obtained through the parking violations bureau under section 224 of the V &T Law. The third (3 vehicle was confiscated through a DEA raid and was turned over to the Police Department by its owner. These vehicles will be used for undercover purposes and will not be assigned as take home vehicles. Due to the sensitive nature relative to the usage of these vehicles, it is imperative that we do not list detailed information such as color, Vehicle Identification Number, license plate number etc. in the public listing of the Common Council Proceedings. 1. 2000 Plymouth - available from PVB 2. 1998 Dodge Suburban - available from PVB 3. 2002 General Motors Suburban - available from DEA Forfeiture (seizure) Mr. Coppola moved That the Buffalo Police Department is authorized to take the three vehicles outlined above into its fleet is hereby approved PASSED AYE S- 9 NOES — 0 NO. 71 Increase Targeted Number of Buffalo Police Officers "] [Item #110, C.C.P. July 12, 2005:] The manner in which the current Collective Bargaining Agreement between the City of Buffalo and the Buffalo Police Benevolent Association dated March 19, 2003 reads would not necessarily require any amendment(s) in order to increase the number of sworn positions within the Department. REFERRED TOTHE COMMITTEE ON BUDGET NO. 72 "Proper Notification of Sex Offenders to COB Residents ") ( Res #101, CCP July 12, 2005 ) New York State's version of "Megan's Law ", the Sex Offender Registration Act (SORA), has four distinct procedures for community notification. The NYS Department of Criminal Justice Services (DCJS) notifies the Buffalo Police Department whenever a registered sex offender moves into the City of Buffalo. Under SORA, the BPD then may notify schools and "other entities with vulnerable populations" about the presence of a convicted sex offender. The term "entities with vulnerable populations" was not defined in SORA, and it remains unclear as to whether the law was intended to allow individual notifications by police Citizens can also access the information by viewing the Level 3 Sex Offender Subdirectory (available at SOS), by inquiring about a specific person on the 1 -800 information line operated by the State, and via the DCJS website, which also provides searchable access to the Subdirectory. In many jurisdictions, the local school district sends a copy of sex offender notifications received from police to all residents. Many citizens have interpreted this practice as one required by law, and do not realize that it is a decision of those school districts to further disseminate the information in this manner. It has been the policy of the BPD to distribute sex offender information through "entities with vulnerable populations" such as the Buffalo Public Schools, the Catholic Diocese of Buffalo, the Common Council, and others. The Department has also released information to block clubs, and has made the information available to COPS stations at regular intervals. In some cases, the Department notifies individual residents through door -to -door canvassing of the neighborhood to address Particular concerns based on evaluation of the threat posed by an offender. The Department has collaborated with the Buffalo Public Schools, New York State Parole, Erie County Probation, US Probation, victim service providers, mandated sex offender treatment providers, the National Center for Missing and Exploited Children, Prevent Child Abuse New York, and other law enforcement agencies, the FBI, local colleges and universities, block clubs, and the District Attorney's Office, to educate the public about the dangers of sex offenders, prevention strategies, offender monitoring, and appropriate responses to cases of suspected sexual assault and abuse. The Department will cooperate with and support any effort by such entities to further disseminate this information to the citizens of the City of Buffalo. We encourage the Common Council to explore the possibility the Council and other entities within City government take an active role in the dissemination of this information. As stated above, while many communities have developed a policy of release of this information by the school district, the Sex Offender Registration Act states only that police notify "entities with vulnerable populations ". The law does not restrict further dissemination of the information. The recent study by Parent's for Megan's Law evaluated each state's version of Megan's Law. New York State's Sex Offender Registration Act received a failing grade based on that organization's 10- pointt criteria. It did not examine execution of the various state laws at the local level. The Department encourages elected officials and citizens to consider this evaluation, and any proposed legislation or policies that will increase safety for potential victims and accountability for sex offenders. Roughly half of all victims of sex offenders are adults. It is important that we recognize this fact as we continue to improve notification procedures and sex offender management strategies. The Department strongly encourages the dissemination of information to all citizens as part of a collaborative community approach to sex offender management. It is important that community notification is accompanied with information on how to prevent, identify, or report sexual assault and abuse. Laura Ahearn, Executive Director of Parents for Megan's Law, has stated: 'Sex offender notifications must be accompanied with support services to educate and support our communities. These services will ultimately serve to help parents and caregivers protect their children not only from those who are known convicted offenders but also from those who are not known or convicted. The national Center for Sex Offender Management (CSOM) has available online important information on the development of coordinated community responses to sex offender management. We welcome the opportunity to work with the Council and the citizens of this community to continue to improve community notification procedures, and to support the efforts of the Buffalo Police Department and other agencies involved in prevention, identification, and response to sexual assault and abuse. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 73 ( "Reg. for a Buffalo Police BIVI— Task Force ( #123C.C.P July 12, 2006) In response to the aforementioned Resolution, please be advised that representatives of the Buffalo Police Department routinely meet directly with residents of BMA housing to address various law enforcement and safety issues. Nonetheless, the Buffalo Police Department would certainly participate in any such Task Force, as outlined in the Resolution, at the request of the BMHA. The Department currently responds to 911 calls for service within the BMHA properties just as it responds to any other 911 calls for service. Residents of BHMA properties receive the same level of base line police services as all other residents of the City of Buffalo. The Department additionally provides targeted enforcement at BMHA housing sites where specific crime issues have been identified. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 74 [ "Reg. Dog Control Officers Become Peace Officers "] In response to the aforementioned resolution, as there are a number of legal requirements as well as contractual issues, the Department, at this time, defers to the Corporation Counsel and the Department of Human Resources to address this Item. REFERRED TO THE COMMITTEE ON LEGISLATION, CORPORATION COUNSEL, COMMISSIONER OF HUMAN RESOURCES AND CIVIL SERVICE ADMINISTRATION NO. 76 City of Buffalo, Police Department "Request to dispose of unserviceable typewriters" The Buffalo Police Department requests that your Honorable Body provide the necessary permission to allow the Department to dispose of 17 used /broken typewriters. They are in need of repair and no longer provide value to the Department. The typewriters have been stored in the basement of Police Headquarters for several years and are taking space, which is needed to store criminal evidence. The following is a list identifying the typewriters that are being considered for disposal through auction /donation or trash disposal, if there are no interested parties: City of Buffalo Make Property # Brother 030311 Brother 32608 Brother 030692 Brother 062610 EM 030307 IBM N/A IBM N/A Panasonic 28998 Panasonic 031947 Panasonic 25544 Panasonic 28583 Panasonic 24270 Panasonic 036617 Panasonic 26445 Panasonic 26444 Panasonic 24882 Printstyle 030271 Thank you for your attention to this matter, If you have any questions or concerns, please contact Chief Richard Ortiz at 851 -5181 Mr. Coppola moved: That the above communication from the Commissioner of Police dated August 7, 2005, be received and filed; and That the Commissioner of Police be, and he hereby is authorized to dispose of 17 used /broken typewriters as listed above for disposal through auction /donation or trash disposal. PASSED AYES —9 NOES —0 NO. 76 City of Buffalo, Police Department Request for comments /recommendations Re: "Request to Place Cameras in Police Vehicles" Item #143, CCP 050305 Pursuant to the request dated May 5, 2005 regarding an article titled "Request to Place Cameras in Police Vehicles Item #143, C.C.P. 050305, the Buffalo Police Department submits the following response: The adoption of in -car cameras for police vehicles was a project that was reaching the pilot program phase in 2001. However, the events of9 /1 1 created serious issues, which impacted the Department's ability to continue with the implementation of the test program. The Department faced a number of sworn personnel layoffs post 9/1 1 and our focus was on retaining our workforce, especially in that time of uncertainty. As your Honorable Body is aware, the Department was successful in securing outside funding and managed to rehire those officers who had been laid off. Today, there are fewer impediments to adopting an in -car camera program, but it is my opinion that the impending change in the City's administration makes the current environment a less than ideal time to pursue such an initiative. An in -ear program is expected to require greater efforts from our management information systems department, the Training Academy, as well as an increased strain on the Department's budget. It seems unfair to saddle any new administration with an organizational commitment that has been entered into at the end of the prior administration. We should hope that any new administration enters the crime - fighting arena with clear visions of what needs to be accomplished and how to get to the desired goal of providing a safe and secure environment for the City's residents and its visitors. Entering into expensive, manpower intensive programs may hamper future efforts. As always, this police administration makes itself available to meet with your Honorable Body and listen to your ideas and comments, however, I believe it is imperative that projects that require a long -term commitment and have significant impact on the future of the Department should be held until January of 2006. If you have any questions or comments regarding this correspondence, kindly contact me at 85 1 -5181 REFERRED TO THE COMMITTEE ON FINANCE NO. 77 Return from Leave of Absence- c. Flock Laborer Crystal Folck (ss# xxx -xx- 3917), returns from her medical leave of absence without pay effective August 4, 2005. RECEIVED AND FILED NO. 78 Return from Leave of Absence- P PARETE Police Officer Patricia Parete (ss# xxx -xx- 1069), assigned to B- District, returns from her medical leave of absence without pay effective August 20, 3005 RECEIVED AND FILED NO. 79 Return from Leave of Absence — JEFFREY TUCKER Police Officer Jeffrey Tucker (ss# xxx -xx- 9467), assigned to Flex, returns from his medical leave of absence without pay effective August 18, 2005. RECEIVED AND FILED NO. 80 Certificate of Appointment Appointment Effective: July 20, 2005 in the Department of: Police to the Position of: Chief Provisional Appointment at the: Flat Starting Salary of: $ 84,771 Karen Healy 43 Old Post Road Lancaster, NY 14086 REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 81 Certificate of Appointment Appointment Effective: July 20, 2005 in the Department of: Police Division of: Detective Division to the Position of: Detective Permanent Promotion at the: Flat Starting Salary of: $ 59,909 Marqaret J. Draqone 251 Hancock Avenue Buffalo, New York 14227 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 82 Certificate of Appointment Appointment Effective: July 20, 2005 Division of: Detective Division to the Position of: Detective Continqent Permanent Promotion at the: Flat Starting Salary of: $ 59.909 Douqlas Kopp 90 Hillwood Drive Cheektowaqa, NY 14227 REFERRRED TO THE COMMITTEE ON CIVIL SERVICE NO. 83 Certificate of Appointment Appointment Effective: July 20, 2005 in the Department of: Police Division of: Patrol to the Position of: Police Lieutenant Contingent Permanent Promotion at the: Flat Starting Salary of: $ 66.315 Dawn M. Kent 40 Fernot Drive Lancaster, NY 14086 REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 84 Certificate of Appointment Appointment Effective: March 21, 2005 in the Department of Police to the Position of: Report Technician Permanent Appointment at the: Maximum Starting Salary of: $ 30 213 Rose M Borczynski 98 Bernard St Buffalo, NY 14206 REFERRED TO THE COMMI'14EE ON CIVIL SERVICE FROM THE COMMISSIONER OF FIRE No. 85 FEMA GRANT AWARD EM2 -2004 FG 22077 The Department of Fire is requesting approval to accept a grant award from FEMA's Assistance to Firefighter Grants (AFG) program. We applied for the grant as a means to upgrade our response to technical rescue incidents, specifically, in the area of confined space and high angle rescue. This grant will allow us to deliver the training and establish both a Confined Space Team (a worker overcome by fumes in an unventilated portion of a plant) and a High Angle Rescue Team ( a window washer dangling twenty -two stories up the side of a high rise). The additional training and experience that these teams bring to the table will also benefit the City in its terrorism preparedness. The total cost of the Technical Rescue training initiative is $64,827. The money award from FEMA is $45,379. As part of the FEMA AFG Program, municipalities are required to provide a 30% match to secure these funds. The matching portion of the award is $19,448.00. Commissioner Milroy has assured Deputy Fire Commissioner Love that, being a grant that is tied to training and overtime costs associated with training individuals on different shifts, the fire overtime budget can assume the costs of the grant match. We request that this grant be accepted with an eye toward making our firefighters more prepared, capable and professional. Mr. Coppola moved: That the above communication from the Commissioner of Fire dated August 30, 2005, be received and filed; and That the Commissioner of Fire be, and he hereby is authorized to accept a grant award from FEMA's Assistance to Firefighter Grants (AFG) program in the amount of $45,379 and the City is required to provide a 30% match to secure these funds, the matching portion of the award is $19,448.00. PASSED AYES — 9 NOES — 0 NO. 86 Fire Station Deployment Recommendations outlined in the MMA Consulting Group Organizational Assessment of the Buffalo Fire Department call for the reduction and control of department expenditures and the investment of resources for a new deployment and fire station model. Phase I construction of fire stations at Fillmore /Buell, Hertel /Elmwood and Main /Mercer are expected to be completed within the next 2 months. Planning and design for Phase 11 construction will continue through Spring 2006. After careful consideration and much deliberation with members of the Executive Staff, we respectfully submit the following recommendations: Move Engine 33 from current location at Kehr & Winslow to a new station at Fillmore /Buell. Close Kehr & Winslow station. Move Ladder 7 from current location at Leroy /Halbert to Main /Mercer (truck bay addition). Decommission Engine 24 and close Leroy /Halbert station. • Move Engine 36 from current location at Elmwood /Great Arrow to new station at Hertel /Elmwood. Close Elmwood /Great Arrow station. • Move Ladder 13 from current location at Colvin /Linden to new station at Hertel /Elmwood. • Decommission Ladder 12 at Amherst /Grant. Close Amherst /Grant station. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 87 Inter -Fund Loan Request In January 2005, the Buffalo Fire Department received approval from this Honorable body to secure funding through the sale of bonds ($2.75 million) to purchase new fire apparatus as per the recommendations of the MMA Consulting study. We are seeking Councilmatic approval for an inter -fund loan in the amount of $275,000 or 10% of the approved $2.75 million to purchase a compliment of 5 Engines and 2 Ladder Trucks in FY -2006. It is anticipated that the March 2006 Bond Sale will include our previously requested and approved $2.75 million dollars which is half of the total allotment of $5.5million dollars. RECEIVED AND FILED NO. 88 Log Sheets #140, C.C.P. June 28, 2005 Be advised that the Buffalo Fire Department Administration sees the merits of your proposal to "Require Log Sheets for Broken Street Lights in all City Vehicles" and stands ready to implement this proposal if it becomes the policy of the City of Buffalo. RECEIVED AND FILED NO. 89 Return Leave of Absence , -j eaton Be advised that effective August 10, 2005, Johnathan T. Eaton has returned from his unpaid leave of absence as a permanent firefighter with the Buffalo Fire Department. RECEIVED AND FILED FROM THE CORPORATION COUNSEL NO. 90 PARKS Please find enclosed for your information a copy of a letter addressed to Frederick A. Wolf, Erie County Attorney regarding the County of Erie entering into agreements for operations within City Parks. Dear Mr. Wolf I am writing regarding the County of Erie entering into agreements for operations within City Parks. Article V of the Intermunicipal Cooperation Agreement for the Operation, Management and Improvement of City of Buffalo Parklands dated July 1, 2004, provides that any permits, licenses or concessions for a term in excess of two (2) years shall be subject to review and approval by the City's Commissioner of Public Works. In addition, Article XII of the Agreement states that the County may not assign, transfer or sublet its interests or obligations under the Agreement without the written consent of the City. The City of Buffalo has recently been advised that the Huntington Learning Center will be entering into a lease with the County for space within five (5) community centers. The County previously entered into agreements for the operation of Cazenovia and Riverside ice finks. In addition, the City has recently been advised that the County is considering entering into an agreement with a third -party for the operation of the Johnnie B. Wiley Sports Pavilion. The Agreement clearly envisioned that there would be an approval process for thirdlparty contracts entered into by the County of Erie. It is imperative that we establish an approval process so that the City can be provided information and take appropriate action on any such agreements. I would ask that a meeting be scheduled with Joe Giambra and I to discuss this subject as soon as possible. Thank you for your consideration. Very truly yours, Michael B. Risman Corporation Counsel REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSINER OF PERMIT AND INSPECTION SERVICES NO. 91 FOOD STORE LICENSE 1148 EAST FERRY OVLASTEN) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1148 East Ferry and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Coppola moved That the application for A food Store License located at 1148 East Ferry is hereby approved. PASSED AYES - 9 NOES -0 NO. 92 FOOD STORE LICENSE 986 ELMWOOD (DELAWARE) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 986 Elmwood and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Coppola moved That the application for A Food Store License located at 986 Elmwood is hereby approved PASSED AYES - 9 NOES -0 NO. 93 FOOD STORE LICENSE 115 ENGLEWOOD (UNIVERSITY) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 115 Englewood and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 94 FOOD STORE LICENSE 473 JEFFERSON (ELLICOTT) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 473 Jefferson and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 95 FOOD STORE LICENSE 1104 KENMORE (DELAWARE) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1104 Kenmore and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Coppola moved That the application for A Food store License for 1104 Kenmore is approved PASSED AYES - 9 NOES -0 NO. 96 FOOD STORE LICENSE 139 VERMONT (NIAGARA) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 139 Vermont and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Coppola moved: That the above communication from the Commissioner of Permit and Inspections Services dated July 21, 2005, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Zaid Haitham, located at 139 Vermont. PASSED AYES - 9 NOES -0 NO. 97 FOOD STORE LICENSE 57 WALDEN (FILLMORE) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 57 Walden and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Coppola moved: That the above communication from the Commissioner of Permit and Inspections Services dated August 30, 2005, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Muhammad Akhtar, located at 57 Walden. PASSED AYES - 9 NOES -0 NO. 98 IMPLEMENTATION FOR A PERMIT PROCESS FOR THE MAXIMUM NUMBER OF DOGS ITEM NO. 146, C.C.P. 7/26/2005 1 am in receipt of the above stated Common Council Communication and wish to supply your Honorable Body with the following information. The Department of Permit and Inspection Services issues licenses for the operation of retail outlets and various businesses. As we have already established an office that is equipped to receive payments, and issue license documents, we would be willing to explore our role in the issuance of the license document governing dogs. We are not trained or equipped to be involved in a screening process to establish the minimum standards for the housing of dogs. We also feel that the requirements governing issuance of a license for the keeping of dogs should be under the jurisdiction of the Department of Public Works, Division of Animal Control. We stand ready to meet further on this subject and will be available to assist in any way possible. It is my sincere hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 99 REQ. LOG SHEETS FOR BROKEN STREET LIGHTS IN ALL CITY VEHICLES ITEM NO. 140, C.C.P. 6/28/2005 1 am in receipt of the above stated Common Council Communication and wish to supply your Honorable Body with the following information. The Department of Permit and Inspection Services is not assigned any city vehicles. All Inspection personnel authorized to perform fieldwork are reimbursed for using their own personal vehicle. It would be difficult for Inspection personnel to observe an inoperable street lighting fixture because all building Inspections are performed in the light of day. We will however report any obviously broken street lighting fixtures to the Department of Public Works. It is my sincere hope that this response satisfies your inquiry. RECEIVED AND FILED NO. 100 SECOND HAND DEALER [: 88 GRANT (NIAGARA) 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 88 Grant St. 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 Rosalie Hoffman. The attached thereto for Rosalie Hoffman d /b /a Between Yesterday & Tomorrow. This request is submitted for your approval or whatever action you deem appropriate. Mr. Coppola moved: That the above communication from the Commissioner of Permit and Inspections Services dated September 1, 2005 be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspections Services be, and he hereby is authorized to grant a Second Hand Dealer license to Rosalie Hoffman, d /b /a Between Yesterday & Tomorrow located at 88 Grant Street. PASSED AYES - 9 NOES -0 NO. 101 SECOND HAND DEALER 1110 LOVEJOY ( LOVEJOY) 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 1110 Lovejoy 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 Lisa Guerrin. The attached thereto for Lisa Guerrin d /b /a Righteous Wear & Leather Repair. This request is submitted for your approval or whatever action you deem appropriate. Item No. 83, C.C.P. 7/26/2005: Mr. Coppola moved That the application for A Second Hand Dealer License for 1110 Lovejoy is hereby approved PASSED AYES - 9 NOES -0 NO. 102 A. THOMPSON -323 WOHLERS AVE. REIMBURSEMENT OF $ 250 COMMON COUNCIL I am in receipt of the above stated Common Council Communication and wish to supply your Honorable Body with the following information. It is indeed unfortunate that this fee was paid in error. Information provided by the applicant to our staff when the initial application was processed prompted the required Common Council approval. As the application process was ran its course, it was discovered that Common Council approval was not required. We in the Department of Permit and Inspection Services sympathize with the plight of Mrs. Sandra Handsor, but because of regulations enforced by the Department of Audit and Control, we are unable to fulfill your Honorable Body's request. As this fee was paid directly to the City Clerk Office and was deposited in a previous fiscal years revenue account, I'm afraid the only way for her to receive a refund of the fee paid is through the "Claims" process. It is my sincere hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON FINANCE NO. 103 USED CAR DEALER 2206 ELMWOOD (NORTH) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 2206 Elmwood and find that as to form is correct. I have caused an investigation into the premises for which said application for a used ear dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department (Three (3) driveways must remain open, and parking for tenants must remain clear) and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Robert Vernon. The attached thereto for Robert Vernon. d /b /a Variety Motors Inc. This request is submitted for your approval or whatever action you deem appropriate. PASSED AYES - 9 NOES -0 NO. 104 USED CAR DEALER 21 REX (MASTEN) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 21 Rex and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department (approved 12 Indoor & 12 Outside) and Building Inspections, Passed. 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 Gwendolyn Fountain. The attached thereto for Gwendolyn Fountain d /b /a Wholesale Auto & Supply. This request is submitted for your approval or whatever action you deem appropriate. Mr. Coppola moved That the application for A Used Car Dealer License for 21 Rex is hereby approved PASSED AYES - 9 NOES -0 NO. 105 USED CAR DEALER 142 SKILLEN (NORTH) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 142 Skillen and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Mikhail Kenda. The attached thereto for Mikhail Kenda d /b /a MK Car Sales. This request is submitted for your approval or whatever action you deem appropriate. Mr. Coppola moved That the application for a Used Car Dealer license for 142 Skillen is hereby approved PASSED AYES - 9 NOES -0 NO. 106 USED CAR DEALER 258 VERMONT (NIAGARA) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 258 Vermont and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Melissa Sanchez. The attached thereto for Melissa Sanchez d /b /a RPM Auto Sales. This request is submitted for your approval or whatever action you deem appropriate. Mr. Coppola moved: That the above communication from the Commissioner of Permit and Inspections Services dated August 11, 2005, be received and flied; and That pursuant to Chapter 254 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Used Car Dealer license to Melissa Sanchez d /b /a RPM Auto Sales, located at 258 Vermont. PASSED AYES - 9 NOES -0 NO. 107 USED CAR DEALER 164 WEST FERRY (NIAGARA) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 164 West Ferry and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Abdi Ahmed. The attached thereto for Abdi Ahmed d /b /a Birjex Used Cars Dealership. This request is submitted for your approval or whatever action you deem appropriate. Mr. Coppola moved: That the above communication from the Commissioner of Permit and Inspections Services dated August 18, 2005, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Used Car Dealer license to Abdi Ahmed d /b /a Birjex Used Cars Dealership, located at 164 West Ferry Street. PASSED AYES - 9 NOES -0 NO. 108 USED CAR DEALER 1055 WILLIAM (FILLMORE) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 1055 William and fmd that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I Fred it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Tuan Nguyen & Richard T. Phung The attached thereto for Tuan Nguyen & Richard T. Phung. d /b /a Carzone Auto. This request is submitted for your approval or whatever action you deem appropriate. Mr. Coppola moved That the application for A used car dealer license for 1055 William St is hereby approved PASSED AYES - 9 NOES -0 NO. 109 WHOLESALE JUNK DEALER 1055 WILLIAM (FILLMORE) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Wholesale Junk Dealer License located at 1055 William and fmd that as to form is correct. I have caused an investigation into the premises for which said application for a Wholesale Junk Dealer License is being sought and according to the attached reports from the Zoning Office, Fire Deparlment 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 Tuan Nguyen & Richard T. Phung. The attached thereto for Tuan Nguyen & Richard T. Phung d /b /a Carzone Auto. This request is submitted for your approval or whatever action you deem appropriate. Mr. Coppola moved That the application for A wholesale Junk Dealer License for 1055 William St is hereby approved PASSED AYES — BONIFACIO, CONRAD, COPPLA, DAVIS, FRANCZYK, GOLOMBEK, RUSSELL, THOMPSON - 8 NOES — FONTANA -1 NO. 110 CERTIFICATE OF APPOINTMENT Appointment Effective: August 15, 2005 in the Department of Permit and Inspection Services, Division of Inspections to the Position of Building Inspector, Permanent at the third step of $42,597 Paul Clift, 73 Gladstone, Buffalo, NY 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 111 CERTIFICATE OF APPOINTMENT Appointment Effective: August 15, 2005 in the Department of Permit and Inspection Services, Division of Inspections to the Position of Building Inspector, Permanent at the fifth step of $45,696 John Plevniak, 615 Military Road, Buffalo, NY 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE a:l6]Lrilr 9:I 1-1-11161 ZKOI yell 11Til IN [311 ZTA 11610 kilUl y I X 19 L [d 4 No. 112 General Fund Gap Sheet - Fourth Quarter 2004 -05 Under this cover please find the City's General Fund gap sheet for the fourth quarter of Fiscal 2004 -05 as submitted to the Buffalo Fiscal Stability Authority. Please accept this in satisfaction of the Charter requirement that I file a gap sheet with the Common Council within 45 days of the close of the quarter. The gap sheet projects a $11.42 million surplus on a budgetary basis. I hope this gap sheet informs the Council on the current status of city finances. As always, I am available to meet with the Common Council to discuss the gap sheet in greater detail. REFERRED TO THE COMMITTEE ON BUDGET NO. 113 A. Thompson -Req. Removal of No Parking Signs -E Delavan Ave. & Jefferson Ave. Item No. 82 C.C.P. Ju126, 2005 This is to advise that the removal of posted signs falls under the jurisdiction of the Department of Public Works. REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 114 Vandalism at the Impound We are pursuing a security system that will be monitored by the Security Company. When a camera is triggered by motion it will digitally record the movements of an intruder. Subsequently the Security Company will notify the Police. Bids are expected to go out in approximately a month. The main impound building must be totally sided and secured. Previous break -ins have left us with approximately twenty (20) boarded up holes that are used time and again by intruders. The outside impound area must be fenced in to secure auction vehicles from being broken into. Remove the bridge at the back that allows intruders immediate access to the rear of the impound building and auction yard. Cleaning debris (plant growth) around the entire periphery of the impound. REFERRED TO THE COMMITTEE ON FINANCE No. 115 Certificate of Appointment Appointment Effective September 2, 2005 in the Department of Administration and Finance Division of Parking Enforcement to the position Junior Traffic Clerk PERMANENT APPOINTMENT MAXIMUM Amy Frankel 23 Doyle Ave Buffalo, NY 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF COMMUNITY SERVICES No. 116 Fourth Quarterly Report 2004 -2005 on the Division of Substance Abuse Services Attached, please find the Fourth Quarterly Report 2004 -2005 on the Division of Substance Abuse Services COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON BUDGET FROM THE CITY CLERK NO. 117 GRANT AWARD NOTIFICATION I am pleased to announce that the City of Buffalo through its Records Management Division has been awarded two grants. One in the amount of $54,760.00 and the other in the amount of $74,600.00 by the State Archives and Records Administration (SARA) to continue our Records Management efforts. The grant award of $54,690.00 will be utilized to scan and index the Birth Records for the years 1914 -1929 filling the gap of non - computerized records. At the completion of this project the City of Buffalo, Vital Records Section, will have all birth records dating from 1914 to present on computer. This cuts the retrieval time for serving our constituents from the one 10 to 15 minute wait for a copy of their birth record to approximately 15 seconds to print the certificate. The grant award of $74,600.00 will be utilized by the Department of Public Works, Buildings Division. The intentions of this grant is to assist the division in its efforts to implement a Facilities and Management Design Program. This program, once up and running, will aid the City of Buffalo in serving all city -owned buildings encompassing district heating systems, electrical, plumbing, telecommunications, space, security, mechanical and sprinkler system drawings. The City Clerk/Records Management Officer for the City of Buffalo will assist in the implementation of both projects. RECEIVED AND FILED NO. 118 IMPLEMENTATION OF A PERMIT PROCESS FOR MAXIMUM NO. OF DOGS In response to the above state(d)(sic) Common Council Communication, the City Clerk's Office provides the following comments and recommendations: As City of Buffalo Animal and Zoning Ordinances now clearly define the number of dogs allowed on a premise, the Clerk's Office is of the opinion that the City should now provide a form of relief for residents seeking a "variance" to exceed the maximum number of dogs allowed at a premise. The City Clerk's Office is of the opinion that said form of relief be provided via the issuance of a "Use Permit" as the issuance of this permit would allow for an aberration from the City 's Zoning and Animal Ordinances, similar to the procedures now provided for in any other nonconforming use. Any premise with four (4) or more dogs is defined as a "Kennel" and therefore residentially zones properties would not meet zoning requirements as so defined in city ordinances for a "Kennel ". The City Clerk's Office is of the opinion that any "variance" should be in the form of a "Use Permit" and not a "Business License." The issuance of a "Business License" to exceed the maximum number of dogs may "encourage" and allow residential properties (y) (sic) owners to conduct their premises as an actual "Kennel Business" and harbor dogs for a fee. Should the city feel the need to regular actual "Kennels" or "Doggy Day- Cares" businesses then those operations could and should be regulated via a "Business License. The City Clerk's Office would offer the following as possible criteria for consideration of a "Use Permit" for exceeding the maximum number of dogs at a premise: 1.) Limited to Residentially Zones Properties. 2.) Premise must be owner - occupied by applicant. 3.) Applicant must be current with all city fees, fines and etc. 4.) Applicant must provide property survey indicating adequate yard area (to be determined). 5.) Applicant must meet minimum secure enclosure (fencing) requirements at premise (to be determined). 6.) "Use Permit" non - transferable. Finally, this office believes that notice of any issuance or denial for a "Use Permit" to exceed the maximum number of dogs allowed should be forwarded to the City Clerk's Office and Dog Control Officers for their records, respectively. The City Clerk's Office will be available to assist in implementing whatever procedures your honorable body fee necessary. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 119 J. BRENON- UTICA - AMENDING SEX OFFENDER REGISTRATION ACT Enclosed is a copy of a Resolution passed unanimously by the Utica City Common Council on August 3, 2005. This legislation calls for amending the Sex Offender Registration Act. If you have any questions regarding this, please contact my office. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 120 S. SANFILIPPO - JAMESTOWN -NYS'S SEX OFFENDER REGISTRATION ACT The Jamestown City Council on August 15, 2005 adopted the enclosed Resolution requesting the strengthening of New York State's Sex Offender Registration Act and has requested that a copy be sent to each city in New York State as well as the New York State Conference of Mayors and Municipal Officials. The City Council is seeking support from other municipalities to pass similar resolutions. If you could forward this letter and Resolution to your City Council, it would be greatly appreciated. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 121 J. KOURY- ONEONTA- STRENGTHENING NYS SEX OFFENDER REGISTRATION ACT At its regular meeting of August 16, 2005 the City of Oneonta Common Council adopted the attached resolution in support of strengthening New York State's Sex Offender Registration Act and has requested that a copy be sent to each city in New York State as well as the New York State Conference of Mayors and Municipal Officials (NYCOM). The City of Oneonta Common Council has requested your support in passing a similar resolution, if you have not yet done so. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 122 AUTO ALLOWANCE I transmit herewith certificates of auto allowance submitted for the following individuals in the various departments listed below: Administration & Finance - Purchase - Colleen Bohen RECEIVED AND FILED. NO. 123 LIQUOR LICENSE APPLICATION Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 484 -490 Pearl St. no name given N. A. Lattanzio 220 Franklin St. Bflo. Enterprises of WNY Inc. No Name Given 140 North St. FDIA Inc. " " 1388 Broadway Laurel & Hardy Cafe Inc. A. Jerge, Pres. 471 Delaware Manny's Midway, Inc. D. Smith 73 Hamburg St. McCarthy's Rest. W. E. McCarthy 727 Bailey Ave. No Name Given C. H. Strassle 257 Franklin St. Bflo. Pub. Concepts, Inc. (Skybar) M. Croce 694 Jefferson Foster's C. McKinzie 166 -170 Franklin St. Buddies II R. Bolm (Agent) 2423 Seneca St. Daly's Rest. W. Daly RECEIVED AND FILED. NO. 124 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 -T. Thomasula, C. Pace Police -V. Demps, C. Folck, J. Tucker, D. Cordone, P. Parete, L. Redmond Corporation Counsel -J. Trotter, D. McPherson, D. J. State Community Services -C. Cummings Permit & Inspection Services -R. Klemann, L. Petrucci RECEIVED AND FILED. NO. 126 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- 7/27/05 RECEIVED AND FILED. NO. 126 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Coppola moved the approval of the appointments to the position of Council Intern. ADOPTED. Appointment Effective July 28, 2005 in the Department of Common Council to the position of Intern VI, Seasonal, Non - Competitive, at the flat starting salary of $10.00 /hr. Maurice Howie 246 Madison Buffalo, NY 14206 Appointment Effective 8/15/05 in the Department of Common Council, Division of Delaware District, to the position of Intern V, Seasonal, Non - Competitive, at the flat starting salary of $8.00 /hr. Sherri Bagarozzo 141 Crestwood Ave. Buffalo, NY 14216 Appointment Effective 8/25/05 in the Department of Common Council, to the position of Intern V, Seasonal, Non - Competitive, at the flat starting salary of $8.00 /hr. Vernon Epps 492 Lisbon Ave. Buffalo, NY 14215 Appointment Effective 8/10/05 in the Department of Common Council, to the position of Intern V, Seasonal, Non - Competitive, at the flat starting salary of $8.00 /hr. Ronald Dexter Speed 38 Carolina St. Apt B Buffalo, NY 14201 Appointment Effective 7/29/05 in the Department of Common Council, to the position of Intern V, Seasonal, Non - Competitive, at the flat starting salary of $8.00 /hr. John Fuqua 1265 Sycamore St. Buffalo, NY 14211 Edwin Padilla 1223 West Ave. Buffalo, NY 14213 Michael Rivera 42 Ferguson Ave. Buffalo, NY 14213 Appointment Effective 7/28/05 in the Department of Common Council, to the position of Intern V, Seasonal, Non - Competitive, at the flat starting salary of $8.00 /hr. Gemile Hughes 497 Minnesota St. Buffalo, NY 14215 Appointment Effective 7/25/05 in the Department of Common Council, to the position of Intern V, Seasonal, Non - Competitive, at the flat starting salary of $8.00 /hr. Andrea Magiera 116 Goethe Buffalo, NY 14206 Appointment Effective 9/8/05 in the Department of Common Council, to the position of Intern IV, Seasonal, Non - Competitive, at the flat starting salary of $6.00 /hr. Susana M. Martinez 821 Columbus Parkway Buffalo, NY 14213 NO. 127 NOTICES OF APPOINTMENTS - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. DEPARTMENT OF PUBLIC WORKS, PARKS AND STREETS Appointment Effective 8/15/05 in the Department of Public Works, Parks and Streets - Engineering, to the position of Bridge Operating Engineer, Seasonal, Non - Competitive, at the flat starting salary of $10.25/hr. Lewis King Jr. 159 Chester St. Buffalo, NY 14208 Phillip D. Kreuz 257 Bedford Avenue Buffalo, NY 14216 Appointment Effective 8/8/05 in the Department of Public Works, Parks and Streets - Water, to the position of Clerk, Seasonal, Non - Competitive, at the flat starting salary of $8.15/hr. Sally Tutuska 324 Germania St. Buffalo, NY 14220 Appointment Effective 8/3/05 in the Department of Public Works, Parks and Streets - Streets, to the position of Laborer II, Seasonal, Non - Competitive, at the flat starting salary of $8.15/hr. William Betancourt 80 Rano Street Buffalo, NY 14207 Appointment Effective 8/8/05 in the Department of Public Works, Parks and Streets - Water, to the position of Water Service Worker, Seasonal, Non - Competitive, at the flat starting salary of $8.15/hr. Ryan Collingwood 194 Grote Street Buffalo. NY 14207 NO. 128 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 ADMINISTRATION AND FINANCE Appointment Effective 8/29/05 in the Department of Administration and Finance, Division of Inventory & Stores -Print Shop, to the position of Account Clerk Typist, Permanent, at the minimum starting salary of $26,271. John Palamara 31 Baxter Street Buffalo, NY 14207 DEPARTMENT OF ASSESSMENT AND TAXATION Appointment Effective 8/1/05 in the Department of Assesssment & Taxation, to the position of Account Clerk Typist, Permanent, at the minimum starting salary of $26,271. Mary Beth Wolniewicz 88 Hayden Street Buffalo, NY 14210 DEPARTMENT OF AUDIT & CONTROL Appointment Effective 8/22/05 in the Department of Audit & Control, Division of Audit, to the position of Senior Auditor, Provisional, at the minimum starting salary of $37,852. Natasha T. Anderson 196 Newburgh Avenue Buffalo, NY 14215 Appointment Effective 8/4/05 in the Department of Audit & Control, Division of Audit, to the position of Senior Auditor, Temporary, at the minimum starting salary of $37,852. Frank Barrile 1013 Tifft Street Buffalo, NY 14220 DEPARTMENT OF COMMUNITY SERVICES Appointment Effective August 22, 2005 in the Department of Community Services, Division of Substance Abuse Services, to the position of Counselor III, Provisional. at the minimum starting salary of $30,555. Yolanda Smalls 152 Warwick St. Buffalo, NY 14215 Appointment Effective August 1, 2005 in the Department of Community Services, Division of Substance Abuse Services, to the position of Counselor III, Temporary. at the minimum starting salary of $30,555. Michael J. Lombardo 288 McKinley Parkway Buffalo, NY 14220 DEPARTMENT OF POLICE Appointment Effective August 29, 2005 in the Department of Police, to the position of Crossing Guard, Temporary, Non - Competitive, at the minimum starting salary of $7.09 /hr. Dana Sciolino 101 Dorchester Rd. Buffalo, NY 14213 Mary Rivera 231 Barton St. Buffalo, NY 14213 Appointment Effective August 1, 2005 in the Department of Police, Division of Communications, to the position of Public Safety Dispatcher, Permanent at the minimum starting salary of $28,164. Katherine E. Milks 409 Abbott Road Buffalo, NY 14227 Anthony O. Shea 63 Carlyle Avenue Buffalo, NY 14220 Appointment Effective July 18, 2005 in the Department of Police, Division of Fleet Maintenance, to the position of Motor Equipment Mechanic, Permanent at the minimum starting salary of $28,999. Howard C. Bookmiller 464 Amherst St. Buffalo, NY 14207 DEPARTMENT OF PUBLIC WORKS, PARKS & STREETS Appointment Effective August 29, 2005 in the Department of Public Works, Parks & Streets, Division of Water, to the position of Caulker, Temporary at the minimum starting salary of $32,392. Sean Thiel 129 Zittel St. Buffalo, NY 14210 Appointment Effective August 15, 2005 in the Department of Public Works, Division of Streets, to the position of Equipment Operator, Provisional at the minimum starting salary of $30,009. Dale W. Maund 16 Wheelock Street Buffalo, NY 14206 Appointment Effective August 29, 2005 in the Department of Public Works, Division of Water, to the position of Maintenance Assistant - Water, Temporary at the minimum starting salary of $28,280. Shawn McCleary 201 Commonwealth Avenue Buffalo, NY 14216 Appointment Effective September 12, 2005 in the Department of Strategic Planning, Division of Zoning & Land Use, to the position of Senior Typist, Provisional at the minimum starting salary of $26,590. Sandra J. Jordan 1054 Amherst St. Buffalo. NY 14216 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 129 S.ALSQQAF -REQ UPDATE INTERVENTION -HSG & BMHA I have not yet, received a response from the letter that I submitted on June 20,2005. Concerning the B.M.H.A. and the unwillingness to work with other housing assistance agencies. In reference to emergency housing situations and their regulations. Another, question is why, The Common Council, or The Mayor's office, don't have any authority over B.M.H.A. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 130 REQ MTG TO DISCUSS CHAPTER 194 FOOD LICENSING LAW Thank you for giving us the opportunity to meet with you on August 24, 2005. In our meeting we discussed various issues concerning the association members and the community in which they do business. We also discussed Chapter 194 Food Licensing Law. We had expressed our concern in the way the law was being applied and the bureaucratic burden the law has created. We believe the application of the law can be streamlined to ease the cumbersome procedures and to make it more business friendly. Therefore we would like to meet with the members of the Common Council to discuss ways to achieve this objective. Thank you in advance for your consideration in this matter and we look forward to meeting the members of the Common Council. REFERRED TO THE COMMITTEE ON LEGISLATION NO 131 E BERRRY CLOSING OF LIBRARIES Its time to stop listening to unsubstantiated allegations in the media. The TRUTH is that Library closings and consolidation is a Bad Deal - it will not save money, but instead cost more and give less service, You can act together with all other officials to -STOP BECPL's September 1" VOTE TO CLOSE LIBRARIES. Consider this: You'll pay more whether libraries close or not, and library tax even if yours closes: Sales tax is already up 1 /4th cent, & EC exec Giambra says he'll increase property lax. Library taxes me n thLfraction of that - only about 1 % of the Erie County budget; Closings WON'T save money: closing, unemployment, etc. cost wipe out any "savings" and decrease service; & one consolidation costs more than the " savings" BECPL expects to receive as much or more 2006 library tax as in '05 to pay for much fewer libraries; They claim the Legislature is interested in increasing the library tax. Why closings if more money o is expected ?; If BECPL has no money, why give raises for'05 & '06, and continue a $15.5 million 'facelift for Central? If Erie County has no money, why re- instate staff, buy more furniture, pay Bass Pro $14million, and the Bills $10million? Why these priorities - so a select few libraries get all and many get nothing Areas with the neediest, least, educated and most population will pay more and receive less (or NO) service As gas prices rise, and suburbs install sidewalks, 1000's will pay more for transportation to use someone's library, which puts a strain on that library's service delivery. Whole states are planning anti - sprawl, livable, walkable communities, and BECPL is lurching in the opposite direction - 180% away from this cost efficient, environmental ideal that already exists in our current library system. Some will pay extra funds to stay open, even though they pay library tax Consolidation wastes money on construction to benefit ONE area, while other areas lose all, receive less service, or pay more. If ONE Tonawanda library is built, Giambra will put $2.5 million of tobacco funds into its construction instead into a book budget as in the past - to benefit ALL areas. Neighborhoods will have lots of empty buildings - the money's not there for re -use. Closings arc mostly blamed on lack of a 2005 book budget - 2004 book budget paid for 1 st 8 months of 2005. We made it this far - its not necessary to close 16 or more libraries for 4 months of book budget at the coat of $5 million - over $1 million per month; Also blamed is Giambra's 2006 budget which does not yet exist. The "library evaluation" is skewed and unfair - even BECPL isn't following it! BECPL intends to institute fees on ordering books /materials, so patrons having to go farther for services will pay again to request materials, "pricing out those who can't pay; BECPL is trying to rush these library closings through, in a month or two of summer, without a plan to deliver service to the affected areas. Basically, the "plan" for them is — you're on your own to go somewhere else, raise money, or go without. Your taxpayers should not pay library tax only to be robbed of the services they pay for. It is counter - productive for you to bargain with the BECPL (library) Board on your own. You have the power to act together all cities, towns, and villages to keep library service viable in yore: community and system -wide. ACT NOW. Just say NO to this irrational scheme. Here's what you can do: I. ALL can urge BECPL to STOP the VOTE on September 1 B. to close libraries to go back to the table with the Legislature in open meetings, to negotiate a reasonable book budget for 2005 (not $5million), and a reasonable 2006 budget including books /materials, ON CONDITION that BECPL CLOSES NO LIBRARIES. 2. ALL can urge the Erie County Legislature to tell BECPL to stop the September 1 st vote to close libraries to negotiate a reasonable 2005 book budget with BECPL, and a reasonable 2006 budget (including books), in open public meetings, ON CONDITION that BECPL CLOSES NO LIBRARIES (A legal Resolution passed by BECPL). They should meet before the September 15 BECPL meeting. 3. ALL can URGE your constituents /taxpayers to ACT - to contact BECPL and the Legislature to say, "Stop the vote September 1 st, Don't close libraries and tear apart our library system and our neighborhoods." To help you mobilize we have included a handout, a petition form, and a sample letter to the Legislators, The public made it clear at 22 BECPL hearings in 2000, and again at the 2005 Eric County budget hearings, that libraries area a top priority amongst Erie County services, therefore, please represent them now in this issue. BECPL director Mahaney says Giambra won't fund 52 libraries in 2006, but file LEGISLATURE stopped his red budget and kept the libraries open in 2005, and can do it again in 2006. Library closings will NOT save money but will cut service with more cost to the taxpayer. 52 libraries are NOT too many, and closing them will NOT save money or cut taxes. Repeating the opposite over and over will still not make it true. Please do not allow BECPL to close libraries, take away service from many areas, build in one area to benefit only that area, charge extra to other areas for the same or diminished services, cause service delivery problems to others, cause some to try to run their own operations for a large start -up expense alone, or spend money on construction INSTEAD of operations. Don't let BECPL divide and conquer with this scheme - bargain as one to preserve this library system. Benjamin Franklin said, "We must all hang together, or surely, we shall all hang separately." Please act quickly before September 1st. REFERRED TO THE COMMITTEE FINANCE NO 132 Estimate- Report — City's Capital Debt /Capital Project Program 2006 Cap Imp Budget Pursuant to Section 20/21 of the Buffalo City Charter, I am submitting to you an estimate and report of the City's capital debt and capital project program for the 2006 Capital Improvement Budget. I. STATUS OF BOND ACCOUNTS Attachment A lists the unaudited open capital projects, liabilities and project balances incurred for each project. The current amount of the outstanding capital projects as of June 30, 2005 totals $440,047,087.37 for both the City and the School District of which all but $63,477,490.06 has been encumbered. This list of projects should be reviewed for any project that has been completed and can be closed out. When notified by your department heads, my office will prepare the necessary communications to close out the project account. II. AUTHORIZED /UNISSUED Attachment B lists the capital projects that are authorized and unissued through June 30, 2005; that is, these projects have an authorized bond resolution but have not been included as any part of any bond sale. The projects that are authorized and unissued as of June 30, 2005 total $58,628,000 for the City and V. CURRENT OUTSTANDING INTERFUND LOANS As of July 31, 2005, there is one outstanding interfund loan for anticipated bond sales totaling $2,750,000 for fire apparatus. VI. BOND RESOLUTION STATUS As of July 31, 2005 there are no bond resolutions which have been submitted to the Common Council for Capital Projects that have not been approved. VII. NEXT FIVE YEARS We must continue to maintain the course of controlling capital spending established by the Capital Budget /Debt Management Policy instituted in June of 2000. In accordance with my Capital Budget /Debt Management Policy, the following table represents the proposed amount of debt for funding city capital projects I am prepared to issue during the next five calendar years. 2006 $26,700,000 2007 25, 900, 000 2008 23, 900, 000 2009 25, 000, 000 2010 23, 600, 000 Considering the fact that the Joint Schools Construction Board has issued debt in the amount of $180,335,000 in 2003 and $310,125,000 in 2004 for the renovation of various schools, the debt issued by the City on behalf of the Board of Education should be minimal in future years. 2006 $2,500,000 2007 2,500,000 2008 2,500,000 2009 2,500,000 2010 2,500,000 In summary, we must continue to take a managed and disciplined approach towards reducing capital debt and limiting out capital improvements budget. In addition, I would encourage both the City and the School District to give priority to projects which are eligible for reimbursement and that these projects be structured to maximize their eligibility for reimbursement from the state or Federal government. I look forward to working with you and your administration as well as the Common Council in preparing a 2006 Calendar year Capital Improvement Budget that reflects our fiscal resource realities and our continued need for disciplined capital budgeting. REFERRED TO THE COMMITTEE ON BUDGET NO. 133 BOARD PACKET DOCUMENTS 8/2/05 Attached are the following documents from the August 2, 2005 Joint Schools Construction Board Meeting: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated June 20, 2005 3. Application and Certificate for Payment No. 35 - June 2005 4. Application and Certificate for Payment No. 36 -July 2005 5. Phase II Application and Certificate for Payment No. 9 - June 2005 6. Phase I /Application and Certificate for Payment No. 10 - July 2005 7. Phase II Procurement Schedule 8. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Project -May 2005 9. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Project -June 2005 10. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase I /Project -May 2005 11. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase II Project -June 2005 12. JSCB Inclusion Committee Meeting Minutes of June 1, 2005 • Team Progress Report- June 2005 RECEIVED AND FILED NO. 134 HIGGINS ENVISIONS A PASTORAL PARKWAY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW RECEIVED AND FILED NO. 135 SENATOR CLINTON PRESSES BRAC COMMISSION MEMBERS ON NIAGARA FALLS AIR RESERVE STATION Washington, DC - Senator Hillary Rodham Clinton today took the opportunity to urge members of the Base Realignment and Closure (BRAC) Commission to reverse the proposed closure of the Niagara Falls Joint Air Reserve Station as they prepared for a hearing with Pentagon officials. Prior to the hearing, Senator Clinton met each Commissioner to reinforce her strong objections to the closure of the facility. "I was pleased to have the opportunity to meet each of the BRAC commissioners today and to remind them of the critical role that the Niagara Fails Air Reserve Station plays in our national security and especially in our homeland defense. I will continue to work hard to ensure that the Commission considers the strong arguments in favor of keeping Niagara open," Senator Clinton said. In addition to testifying before the BRAC Commission regional hearing in Buffalo and calling on the Air Force to disclose missing records regarding recommendations to close Niagara Fails Joint Air Reserve Station, Senator Clinton has now spoken to every BRAC commissioner to make the case for the Niagara base. "I am encouraged that the Commission is looking closely at the Air Force's recommendations and think that the Commission is taking our arguments in support of the Niagara Falls air base seriously," Senator Clinton said. The BRAC Commission hearing was held in the Dirksen Senate building today. RECEIVED AND FILED NO. 136 S. AIELLO — CONCERNS PKG MGMT Standard Parking has reviewed the City of Buffalo Board of Parking's recommendation to award the parking contract for the operation of the City of Buffalo's ten parking facilities to BCAR. We understand that the Buffalo Common Council, is scheduled to vote on this recommendation in the coming days. We believe the proposal analysis process did not take many important aspects of parking management into consideration. Specifically, Revenue Growth: We outlined that revenue could be significantly improved, without rate increases, through effective marketing, maximizing parker use mix efficiency and through improved cash control. Standard Parking, as well as other reputable parking companies, have solid track records of improving revenues for their clients. To assume that revenues can not be improved upon, as noted by the Board of Parking, is simply short sighted. Reducing Expenses: Standard Parking and other reputable parking companies have been successful in large part due to their ability to provide the most cost effective parking service possible. Our knowledge and expertise in parking operations simply affords as the ability to staff and manage parking facilities more effectively and at a lower cost than our clients. To assume that expenses can not be reduced and that the operations can not be performed with greater efficiency is simply untrue. Management Fee Structure: As we have previously stated, we would be more than pleased to adjust our management fee to a fixed amount or some other fee structure; whatever Is required in order to avoid any complications with the tax - exempt status issue. This matter is extremely easy to resolve and we believe it should have been addressed in the original Request for Proposal. Based on what we, believe to be either misleading or mischaracterize information provided to the Common Council, however unintentional, by the Board of Parking regarding the city's parking facilities operating potential, we would like to request that the vote on the contract award be delayed until we and the other two parking companies have an opportunity to present our proposals and explain the basis of our revenue and expense projections. REFERRED TO THE COMMITTEE ON FINANCE NO. 137 Re: Parking Regulations on Lower Mariner Street I am writing to request a sign change for the parking regulations on Lower Mariner Street in the City of Buffalo. Currently parking alternates from one side of the street to the other side once a week. The parking is restricted to one -side (Sun - 4pm - Wed- 4pro) and then switches to the other side from (Wed. 4prn - Sun- 4pm). During business hours this arrangement suffices, however, after business hours it does not; there are significantly more vehicles than available parking spots for the street s residents. We are requesting that the parking regulation be changed for Lower Mariner (between Virgin a St. and Allen St.) to match those of Upper Mariner (between Allen St. and North St.)- We are in favor of parking restrictions to one -side of the street (Mon. - Wed. 9am - 4pm) and the other side ( Thurs- Fri. 9am - 4pro). This would allow two -side parking after business hours and during the weekends when most residents are home. Lower Mariner is 26' 2" wide, which is the exact curb width of Upper Mariner, which has the parking regulations that we desire. If cars are parked on each side, there is over 15' of clearance remaining for vehicles to pass through. My company, Nickel City Development, LLC (NCD) purchased an abandoned property (25 Mariner St.) from the city over two years ago, which had been vacant for near[y a decade, and we have since invested over $350,000 to convert it into (6) upscale apartments that are currently up for rent; we have filled 4 -of -6 units and have introduced (6) additional vehicles to the street- Both perspective tenants and current tenants are unhappy with the current parking situation. Parking was already a major concern for many residents before we started construction 2 years ago, our introduction of 6- 12 new cars will make the parking situation a real hazard. Many residents on the street have expressed concerns about the affect of the current lack of parking on the value of their homes, where people may hesitate to buy or rent if they see parking as a problem. Additionally many people are concerned with the risk of their personal safety having to park so far away, often parking one or two cross streets away, leading to a several block walk home late at night. This i.'; especially a problem for our street's residents that work late shifts such as those working in the medical corridor. We currently have a petition in favor of a sign change for new parking regulations, which is supported by a majority of the residents. Additionally I would suggest that concerns of owners of multiple units be given added weight as we provide the housing for six families that will support the surrounding area. If there is anything I can do to expedite resolution to this problem please let me know. I can be reached at 716 - 308 -7720. REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF PUBLIC WORKS PARKS & STREETS NO. 138 R SERRA CONCERNS BCAR OPERATION OF CITY'S GARAGES & RAMPS I would like to express my concern and displeasure with the decision of the City of Buffalo, Board of Parking selection of Buffalo Civic Auto Ramps (BCAR) as the "Agent" for the Management and Operation of the city's Garages and Ramps. I have attached an analysis clearing indicating that Pro Park LLC provides the greatest financial return to the City of Buffalo. In Addition, Pro Park's Total Operating Expenses reflect 28.40% less than that of BCAR. We recommend that the City of Buffalo Common Council table any recommendation for the selection of a Management Agent and require the Board of Parking to re -draft a request for proposal (RFP) to replace the entire previously issued RFP of February 16, 2005. REFERRED TO THE COMMITTEE ON FINANCE NO. 139 INFO ON BMHA I am an employee of Buffalo Municipal Housing Authority. I would like to clarify some misconceptions that have been presented to you. Each point can be verified independently by any minority staff members in management. 1.Public Safety Department -Susan Grzechowiak requested that the whole department be eliminated in her budget request to Sharon West and the Board of Commissioners. This occurred after Ms. Grzechowiak asked Captain Turman ( Black man) for crime statistic and he was unable to provide the information due to loss of staff. -The Board of Commissioners went along with Susan's decision with reluctance. 2. Occupancy Department -Susan Grzechowiak requested that the occupancy specialist be demoted and applicants required to go to the individual site office for application. No plans were developed to ensure that the applicants wouldn't be inconvenienced and the flow of work would help maintain a high level of occupancy. 3.Management Department - Currently there are several residents and former residents that were hired by BMHA as clerk aides. Susan Grzeehowiak requested that the Board of Commissioners eliminate all these position. Almost all of the positions are held by minorities (Blacks and Hispanics). The Board of Commissioners refused. -Susan Cwzechowiak had requested the Board of Commissioners to eliminate one housing manager position from the budget. She did this after consulting with the Asst. Director of Personnel (a close friend) told her that based on seniority the one person to be demoted would be a black female who has 10 years work experience as a housing manager, but a white female with 2 years work experience in the job would maintain her job because she brought time over from the City. The Board of Commissioners refused. 4.Policies -Susan Grzechowiak as Director of Management was allowed to take a five -year leave of absence. Each year the leave was approved by the Board of Commissioners at the request of Sharon West. Ms. Grzechowiak was allowed to return full - time to her job collecting full -time pay while maintaining another job where she was on call 24 hours -a -day. - Policies and procedures are made up as they go along to benefit friends and relative while seeking to punish and eliminate minority positions. Friends and relatives can request plum positions and assignments while others are not given the same opportunities. Request have been made to write people up for offenses (that are not part of the circle of friends) while the same offenses get ignored. -Susan Grzechowiak gave an employee (friend) permission to be off for eight weeks from work to care for her boyfriend that is also a friend. Susan also gave her permission to work flex hours upon her return (not covered in union contract) when she returned to work did not document the approval and did not notify the supervisor. The supervisor who is black was threatened with a written reprimand for being sick for five weeks with a written doctor's notes. -Union chapter representatives are friends with Susan Grzechowiak and therefore in conflict with policies established by Susan and unwilling to confront her for the members they represent. - Petitions have been circulated and complaints filed against a white manager (friend) by a large number of residents and nothing has been done. In 1988 BMHA was made to hire more minority representation in the management department after a lawsuit was filed. Today there seems a mind set that BMHA should revert back to the way things use to be. Whites running all operations and blacks cleaning the building. Several whites are upset that BMHA Commissioners choose a black woman as the new Executive Director. Comments range from a black indicted b - - - -h to another Sharon West. These comments are coming from upper management - Directors, Asst. Directors to the rank and file creating a hostile work environment. RECEIVED AND FILED NO. 140 West Side Market - 255 Carolina Street Administrative Hearing - Food Store License In furtherance of my letter to your office on 8/31/05 and our telephone conversation yesterday I submit the following on behalf of my client West Side Market. My client is in the process of installing the cameras outside the premises and the installation should be completed within the next two (2) days. Accordingly, I would appreciate your making arrangements to have an inspection of these cameras by the City of Buffalo Inspector by Monday, September 5, 2005. My client is agreeable to having the store hours as 7:30 AM to 10 PM for the seven (7) days per week that the store is open. In addition, my client is agreeable to having a security guard at the store and his hours of work will always include his being available until 10:30 PM, which is one -half hour after closing time. My client is agreeable to meeting with Councilmember Davis and the local residents of the area, so as to discuss and address any and all problems which may arise and in an effort to insure the quality of life sought by the local inhabitants. It is my further understanding that once the City Inspectors have approved the installation of the outside cameras, my clients will be able to reopen their store immediately thereafter. If you have any further recommendations that are in addition to what it is contained in my letter of 8/31/05 or as set forth above, I would appreciate your contacting me as soon as possible. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 141 Re: Request for "No Tolerance /No Pleas" Zone This office has been asked to respond to a resolution requesting a "No Tolerance /No Pleas" zone on East Delavan Avenue, East Ferry Street, Jefferson Avenue and Fillmore Avenue. Offenses committed in Erie County, regardless of where in the county they are committed, are prosecuted as similarly as humanly possible. It is the duty of the district attorney to determine whether a reduced plea should be offered to a defendant based upon the particular facts of the offense and the character or criminal history of the defendant. The geographical location of the offense is not a factor which should have ultimate significance in the disposition of the case. Furthermore, we are of the opinion that disparate treatment of individuals based exclusively on crime location would run afoul of both state and federal law. Thus, we express our opposition "No Tolerance /No Pleas" resolution. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 142 CONCERN FORECLOSURE OF CITY PROPERTIES As you know, my office has been working with the City to assist the thousands of people who are about to lose their homes to foreclosure in the city sale scheduled for October 24, 25 & 26 I am writing to inform you that our office does not have sufficient staff to handle this increased volume and elderly people will lose their homes due to this new foreclosure policy. This year the City adopted a policy of foreclosing on properties with water, garbage or user fee arrears. In addition, the City's policy of refusing to take partial payments has .resulted in cases of extreme hardship. One of our clients is in foreclosure for owing only $53.42 in sewer fees. She is elderly and her sole source of income is Social Security Disability. Once she was placed in the foreclosure list, a fee of $439 was added to her bill. Another 84 -year old gentleman is on the list for owing a user fee of only $353.76 on his home of 47 years. Working with Bruna Michaux, we are trying to find a creative way to handle the overflow. Our housing attorney, David Chadwick, is training volunteer attorneys, who have agreed to take some cases without charge through the Volunteer Lawyers Project. The Legal Aid Bureau is also accepting foreclosure cases. However, even with all these resources, we will only be able to assist a few hundred low- income residents. Moreover, my office is doing so without any funding from the City of Buffalo. I hope that you will reassess the long -term practicability of this policy for next year. Many of our clients are long- standing homeowners who bring stability to inner city neighborhoods. They will be replaced by out -of -town investors who purchase large numbers of properties at auction and care nothing for the neighborhoods. — Moreover, the current: foreclosure policy will have the effect of inviting predatory lenders into our local community. Distressed residents, who cannot raise the funds necessary to stop the foreclosure, will turn to high cost loans to save their homes. This result runs counter to the City's professed desire to rid our community of predatory lenders and consumer fraud scams. I welcome your ideas and will continue to work with you to help as many people as possible. Please feel free to call me if you would like to discuss this matter in more detail. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 143 JOSEPH DOMAGALA 113 BUSH ST I AM REQUESTING YOUR HELP IN REGARDS TO A QUALITY OF LIFE PROBLEM THAT EXISTS IN THE 100 BLOCK OF BUSH ST., ALSO A PROPERTY USAGE VIOLATION. THE OWNER OCCUPANT OF THE HOUSE NEXT DOOR KNOWN AS 113 BUSH ST. IS USING HIS PREMISES TO OPERATE A CAR REPAIR / COLLISION SHOP BUSINESS OUT OF HIS GARAGE AND HAS BEEN FOR NEARLY 2 YEARS. SOME OF THIS ACTIVITY EXISTS LATE AT NIGHT WHEN MY TENANTS ARE TRYING TO SLEEP. ALSO IF YOU SPEAK WITH SOME OF THE OTHER HOME OWNERSIN THE IMMEDIATE AREA THEY WILL ALSO MAKE THEIR CONCERNS KNOWN TO YOU. THIS IS A NARROW ONE WAY STREET AND PARKING HAS ALSO BECOME A PROBLEM AS HE HAS BEEN OBSERVED DOING REPAIRS ON THE VEHICLE WHILE THE VEHICLE IS PARKED IN THE STREET! THERE HAVE BEEN MANY COMPLAINTS REGISTERED AND EVEN CONTACT WITH THE BUILDING INSPECTOR REGARDING THIS ISSUE. EVIDENTLY THE BUILDING INSPECTION DEPT. HAS NOT BEEN ABLE TO CATCH HIM IN THE ACT, OR IT CERTAINLY IS NOT A TOP PRIORITY PROBLEM, IN COMPARISON TO THE OTHER HOUSING VIOLATIONS THAT INSP. BRIAN HIGGINS MUST DEAL WITH DALLY. IT IS NOT UNUSUAL TO SEE AN UNREGISTERED VEHICLE IN HIS YARD OR DRIVEWAY. JUST AS IT IS NOT UNUSUAL TO SEE CAR PARTS, BUMPERS, FENDERS ETC. OUT ON GARBAGE DAY OR SEMI ANNUAL LARGE TRASH PICK -UP. IF YOU HAVE ANY QUESTIONS OR NEED ANY ASSISTANCE 1 N THIS MATTER PLEASE DO NOT HESITATE TO CONTACT ME- REFERRED TO THE COMMITTEE ON LEGISLATION AND COMMISSIONER OF PERMITS AND INSPECTIONS. NO. 144 RE: HOOK AND LADDER NO. 12 BUILDING AVAILABILITY I am writing this letter to inform you that I, David Zabinski, would possibly be interested in purchasing the building presently housing ladder 12 at 395 Amherst St., once it is vacated in favor of the new fire hall presently being built on Hertel Ave. Please let me know if and when any possible sale of the building would take place. Thank you for your assistance. REFERRED TO THE DIRECTOR OF REAL ESTATE. NO. 145 CITYWIDE LITERACY CAMPAIGN CONCEPT PAPER RES 158 JUNE 28 LITERACY -A #1 PRIORITY FOR BUFFALO PUBLIC SCHOOLS Please file the attached documents for the upcoming Common Council Session to be held on September 6, 2005. 65 Niagara Square, Room 1413 Buffalo, New York 14202 -3318 Phone: (716)851-5105 Fax:(716)851 -4234 Thank you in advance for your assistance in this matter. Citywide Literacy Campaign Concept Paper prepared by Good Schools for All June 28, 2005 Good Schools for All (Good Schools) is proud to be spearheading a citywide literacy initiative with 100% literacy its goal for all of Buffalo's citizens. This is hardly a controversial objective; it would be difficult to find a single individual who is anti - literacy. Nor is it an unrealistic goal. 100% literacy is achievable, but not without fundamental systemic changes in the way literacy services are provided in our community. Good Schools is poised and ready to guide our city through a collaborative process to develop a citywide literacy plan and to ensure the plan's implementation. This ambitious, much - needed undertaking will have a huge impact on the quality of life for Buffalo's residents by improving school achievement for our children, job skills for our adults, and economic development opportunities for our city. The need is great. Sadly, literacy levels in Buffalo have not improved significantly in the past decade. Even though many dedicated people and organizations have been working passionately to increase literacy levels, with insufficient capacity to serve Buffalo's literacy needs and a fragmented delivery system, literacy providers have not had the kind of impact our region needs and deserves. While they have been able to help some people, the overall statistics remain grim: A majority of children entering pre -k in Buffalo Public Schools are at risk for illiteracy because they lack sufficient oral language skills, the basic building block for literacy. In 2005, 61 % of children in the 4 grade in the Buffalo Public Schools were reading below grade level; by 8 grade 74% of our children were reading below grade level. Thirty percent (30 %) of adults in Buffalo read at or below a 5 grade level. Our region is not alone. Nationally, only 7 to 10% of learners get the literacy help they need. Of that small percentage, half drop out within the first 3 weeks of receiving services. Why do we need a citywide literacy initiative? Despite the best intentions of literacy providers, there are far too many examples of uncoordinated, fragmented, and ineffective literacy services being provided. For example: Many day care centers don't teach preschoolers what they need to know for success in pre - kindergarten or kindergarten. There are many after - school programs for kids, but little alignment between program providers and Buffalo's public and charter schools to ensure that after - school programs are complementing or furthering skills being taught in the schools. Significant numbers of incoming college freshmen require so much remediation before they take credit - bearing college courses that their financial aid funds are exhausted and they have to drop out of school before earning any college credits. A carefully developed continuum of literacy services will enable more effective use of existing and potential resources by replacing current funding silos that concentrate resources in specific areas leading to duplicate funding of some services and little or no funding of others. Where do we start? In June, the Good Schools retail Advisory Board voted unanimously to move forward with its plans to develop and implement a comprehensive citywide literacy plan for Buffalo. (See attached planning framework.) Phase I of the planning process is expected to take approximately nine months to complete. It will include: Securing funds to support the planning process Creating community -based task forces to develop a citywide literacy plan Hiring consultants as needed Conducting a needs assessment, a funding analysis, an inventory of literacy services /programs in Buffalo, and focus groups to inform the planning process Designing preliminary start -up activities to coincide with the launch of the literacy plan ,Convening a group of high level community leaders to champion the literacy initiative Task forces and committees will utilize the data and information gathered during Phase 1 to develop the nuts and bolts of the literacy initiative itself. Community stakeholders will be important contributors throughout the planning process. At the conclusion of the planning process, there will be an official launch to signal the beginning of the implementation phase of the initiative. We intend to make Buffalo a demonstration community statewide and even nationwide for a successful literacy campaign. As such, we will turn to national foundations, federal and state grants, and business corporations to support the implementation phase of the citywide literacy initiative. Ensuring Results Unfortunately, Buffalo has a long history of doing studies that sit on shelves without ever being implemented. This initiative will not share that fate for a number of reasons: From the outset, this has been a collaborative venture. Good Schools convened Buffalo Reads, a coalition of more than 20 organizations committed to improving literacy in Buffalo. (See attached list of Buffalo Reads members.) Individually and collectively, Buffalo Reads members have signed on to guide the planning process for developing a citywide literacy initiative and its implementation. Together, Good Schools and Buffalo Reads have the expertise and experience needed to develop and implement an overhaul of our current system for delivering literacy services. Moreover, members of Buffalo Reads have committed to taking responsibility for adopting appropriate components of the resulting plan and making them part of their own strategic plans. We recognize that systemic reform is required to improve the way literacy services are provided in Buffalo and to sustain the changes; we are fully prepared to achieve those reforms. Nationally recognized literacy expert Margaret Doughty, who founded Literacy USA and has guided the development of citywide literacy initiatives in Los Angeles, Cleveland, Houston, New Orleans, and Northwest Indiana, will come to Buffalo monthly to help guide our planning process in person and will serve as a resource throughout the process. We seek to develop a coordinated, learner -based system for delivering literacy services that will include quality standards, standard ways to assess and measure outcomes, and a centralized data collection system. These integral features of the initiative will enable us to: direct and track individual progress for each learner provide progress reports to funders and the community sustain the initiative, despite the passage of time and changes in leadership Nothing short of a comprehensive, citywide literacy initiative will address Buffalo's literacy needs. While there is much work to be done, it is do -able, and we are poised and ready to meet the challenge and prevail. Our city and its citizens deserve nothing less. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION. NO. 146 B. HIGGINS BUFFALO SKYWAY Let me first congratulate you on your recent appointment. Your reputation for professionalism and vision precedes you, and, as a new Member of House Committee on Transportation and Infrastructure, I look forward to working closely with you to make a meaningful and positive impact on the transportation system in Western New York in the very near term. I am writing to respectfully request that the NYSDOT commence an EIS to study alternatives to the Buffalo Skyway. The funding for the study can be designated from the $22.36 million in federal transportation funds which are available for access improvements at the Buffalo Outer Harbor, while still allowing for the design and construction of meaningful improvements to vehicular access to Buffalo's waterfront. Last Thursday's Buffalo News quoted DOT spokesperson Jennifer Post as saying that "Long -term alternatives to the Skyway continue to be a consideration, but so far have not garnered local support or found it to be cost - effective." The DOT needs to be aware that public support for alternatives to the Skyway is very significant and widespread. Here are just a sampling of the many examples of demonstrated local support for alternatives to the Skyway (copies are attached): • Then - Buffalo Mayor James Griffin commissioned a study of tunnel alternatives and advocated for replacing the Skyway with a tunnel, "City studies tunnel link to waterfront," Buffalo News, June 13, 1989. • Letter from then Erie County Executive Dennis Gorski to the NYS DOT advocating, in part, for the study of alternatives to the Skyway, September 25, 1991. • Letter from Buffalo Mayor Anthony Masiello to the NYS DOT advocating skyway removal, November 8, 2002. • "Getting the Skyway out of the way," Buffalo News Editorial, November 15, 2002. • "Skyway is unsafe, must be replaced," The Buffalo News, Letter to the Editor by Robert J. Fenders of the Buffalo Police Department, December 1, 2002. • Resolution of the Erie County Legislature calling for the study of Skyway alternatives, June 5, 2003 • Resolution of the Common Council of the City of Buffalo, February 3, 2004 • "Tear the Skyway Down" Business First Editorial, July 22, 2005. • Letter from me to then - Commissioner Boardman requesting a Skyway EIS, February 19, 2003. • "Milwaukee set example to raze Skyway" Donn Esmonde column, The Buffalo News, this morning. Not only is it apparent to Buffalonians that we need to explore alternatives to the Skyway, but nationally- recognized waterfront development experts agree as well. Former Milwaukee Mayor John Norquist, who is credited with the revitalization of his City's waterfront, was in Buffalo recently giving an address to a group of concerned citizens at the Nichols School. A participant asked him, if he were charged with improving Buffalo, what is the first thing he would do. He stated, without hesitation, that his first priority would be replacing the Skyway. A similar move in Milwaukee helped spark a new era of waterfront development there. It appears that replacing the Skyway with more suitable infrastructure will make sense fiscally for Western New York in the long run. The Skyway requires decennial painting which costs $15 million, and it has been conveyed to me that it will require major substructural repairs which will require as much as $100 million in the years to come. I understand that even as I write, the Skyway is undergoing $9 million in structural repairs and $15 million in painting. Given this, an analysis of the alternatives, including a series of lift bridges to more efficiently distribute traffic throughout downtown Buffalo, needs to be considered. To further these discussions, I would appreciate it very much if you would convey the following information to my Buffalo office as soon as possible: • A listing, including dates and dollar amounts, of all Skyway - related construction, repairs, and maintenance work, from its construction to the present, no matter how large or how small. • A listing, including dates and dollar amounts, of all Skyway - related construction, repairs, and maintenance work which is projected or planned in the future, no matter how large or how small. • A listing of the dates and durations of all skyway closings, for as long as records are available. Using my position on the Transportation Committee, I look forward to working closely with you and your colleagues at NYSDOT on this issue, and on Western New York's transportation needs generally. In my new role as a Member of Congress, I am focused, as I was while a Member of the New York State Assembly, on funding real projects in Western New York and bringing them through to design, construction and completion. I am confident that NYSDOT will be a true partner in these efforts. Thank you very much for your assistance in this matter. RECEIVED AND FILED. 101WNCfl B. HIGGINS NEW YORK POWER AUTHORITY APPLICATION FOR RELICENSING, NIAGARA POWER PROJECT (FERC #2216) As you know, the New York Power Authority (NYPA) has recently made application to FERC for a new license to operate the Niagara Power Project in Lewiston, NY. Because Buffalo's waterfront lies within a 30 -mile radius of the Project (and thus the industry along the waterfront located there primarily because of the statutory access to low cost power), I believe that this relicensing process calls for close inspection of Buffalo's waterfront conducted by the highest officers of FERC. Accordingly, I want to invite you and members of FERC to make a personal visit to Western New York for the purposes of touring Buffalo's waterfront. Although I operate under the assumption that a staff -led review of a power plant such as this would be routine for any relicensing process, this matter calls for special attention. NYPA's total and utter disregard for the condition of waterfront lands in Western New York, and its unwillingness to offer to Western New York a settlement commensurate with the damages suffered by our community as a result of the Project's 50 years of operation, dictates that this process must be comprehensive. It is on this tour that FERC will witness firsthand the continued effects of its decision to grant a license to NYPA in 1957, a decision that, 50 years hence, has resulted in an American shoreline dotted with brownfields the remnants of heavy industry attracted to the cheap electricity promised within the 30 -mile radius of the Project. An area that should be covered in accessible parkland, recreation sites and mixed -use facilities is instead covered in Brownfields, storage sites and barren former industrial structures. The river that makes the Niagara Project possible begins in Buffalo and the lake that feeds that river is Buffalo's own Lake Erie; Buffalo's natural environment is fundamental to the Niagara Project. NYPA's continued control of the Project, without a just settlement to Buffalo, will only increase the burden on the community without addressing any of their needs. That our industries had access to this power and Canadian industry did not will be plainly evident upon sight; the contrast with the pastoral shoreline of Fort Erie, Ontario, on the other side of the Niagara River, could not he clearer. It also must be seen firsthand to be appreciated. In short, Ms. Secretary, the aftereffects of the Project's 50 years of operation must be seen firsthand to be believed. Only then will FERC officials understand that NYPA's offer to compensate Buffalo and Erie County is woefully inadequate. As you know, I recently wrote to make you aware that NYPA has not negotiated in good faith with local stakeholders, including Buffalo and Erie County, nor have they pursued the stated goals of the Alternative Licensing Process, namely, to develop consensus between NYPA and the Project's host communities. To wit, NYPA extended a settlement offer to Buffalo and Erie County for $2 million per annum over the course of the new license. This settlement offer apparently non- negotiable wag subsequently and in respective unanimous votes was rejected both by the Buffalo Common Council and the Erie County Legislature, the local legislative bodies for the city and county, respectively. Despite our willingness to negotiate a proper settlement to mitigate the direct environmental impacts of the Project's existence, NYPA has cancelled meetings, pitted community against community, threatened implausible and unsubstantiated future electricity rate hikes and refused attempts at collective negotiation. Although technically termed a "consensus relicensing," rest assured that there is no consensus on NYPA's application. None at all. Buffalo and the power generated by Niagara Falls are historically and economically linked by prominence and proximity. At the turn of the 20th Century, Buffalo became known as the "City of Light," as its streets shone at night, making it among the first cities in the world to be lit by the electricity generated from Niagara Falls, less than 30 miles away. In 1957, Buffalo's waterfront became internationally known as a significant industrial corridor as the United States Congress, New York State, NYPA and Niagara Mohawk targeted a 30 -mile radius for which businesses remained or relocated to benefit from low -cost power. Transmission lines were installed and industries located accordingly along Lake Erie and the Buffalo and Niagara Rivers. A 110 -foot elevated vehicular bridge, known as the Skyway, was built to move vehicles across the Buffalo River so as not to impact tall ships required to move the steel, grain and chemical products from manufacture to market. These installations along the Buffalo waterfront define this area as the satellite basin for the Project. NYPA's $2 million "take it or leave it" offer to Buffalo and Erie County does not come close to meeting its primary obligation to address the environmental impact caused by the waterfront's integral role in this project nor does it reimburse the community for the costs imposed as a result of the Project's existence. Instead of addressing the impacts as part of a comprehensive redevelopment plan as required by Section 10 of the Federal Power Act, NYPA's response to an increased settlement to Western New York has been to threaten a price increase. The Niagara Project was built to harness the unique natural resources of Western New York as an economic development and life quality tool; it was not built to subsidize the mismanagement of the New York Power Authority around the state. Thank you for your time and I look forward to your visit to Buffalo and Western New York. RECEIVED AND FILED. NO. 148 G. MARGIOTTA - GLOVERSVILLE STRENGTHENING MEGHAN'S LAW At a duly called and legally convened meeting August 23, the City of Gloversville's Common Council adopted a resolution, urging the State Senate to pass, and Governor Pataki to sign, measures strengthening Meghan's Law. As per Council's wishes, we're forwarding copies of this resolution to cities statewide as well as to the New York Conference of Mayors and Municipal Officials, requesting their support. Please share this resolution with your legislators and thank them for their time and consideration. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 149 NEW YORK STATE DEPARTMENT OF TRANSPORTATION DESIGNATION OF RESTRICTED HIGHWAY Pursuant to Section 104a of the Highway Law the following described highway: New York Route 384, Delaware Avenue from — mile south of Route 198 to — mile north of Kenmore Avenue. All in the City of Buffalo and Village of Kenmore, Erie County which is being reconstructed under Contract No. D259938 is hereby designated as a Restricted Highway. Designation of restricted highway shall expire on October 31, 2005. Pursuant to Section 1625 of the Vehicle and Traffic Law all 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. 150 K. BELL - NOTICE OF CLAIM -807 HUMBOLDT PARKWAY Please file the attached document for the next Common Council meeting scheduled for September 6, 2005. Item on file in Clerk's Office REFERRED TO THE COMMITTEE ON CLAIMS AND CORPORATION COUNSEL. NO. 151 HUMBER AVE. REPAIR Please file the attached document for the next Common Council meeting scheduled for September 6, 2005. Item on file in Clerk's Office On behalf of the Masten District Council Office, and the residents of Humber Ave., I am writing to respectfully request your assistance in replacing the sidewalks and investigating the lack of curb cuts on the corners of Humber Ave. The lack of curb cuts forces those with physical disabilities to venture into the street, increasing the possibility of an accident of some nature. In addition, roughly almost thirty percent (30 %) of the sidewalks on Humber Ave. are in disarray presenting another safety hazard, as replacement is needed. This only further increases the percentage of a vehicular accident. If my office can be of any further assistance, please contact 851 -5145. REFERRED TO THE COMMISSIONER OF PUBLIC WORKS, PARKS & STREETS. NO. 152 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK IN REPLY TO: ADELPHIA COMM. CORPORATION, ET AL DEBTORS HIRE ADELPHIA COMMUNICATIONS CORPORATION, ET AL —, DEBTORS. CHAPTER 11 CASES Case No. 02 -41729 (REG) Jointly Administered ORDER IN AID OF CONFIRMATION, PURSUANT TO SECTIONS 105(a) AND 105(d) OF THE BANKRUPTCY CODE, ESTABLISHING PRE - CONFIRMATION PROCESS TO RESOLVE CERTAIN INTER - CREDITOR ISSUES Upon the motion, dated June 24, 2005 (the "Motion "), of the above captioned debtors and debtors in possession (collectively, the "Debtors ") for entry of an order, pursuant to sections 105(a) and 105(d) of title 11 of the United States Code (the "Bankruptcy Code "), establishing a pre- confirmation process to resolve certain inter - creditor issues in connection with the Debtors' Second Amended Joint Plan of Reorganization Under Chapter 11 of the Bankruptcy Code, dated June 24, 2005 (as modified or amended, the "Plan "); and the relief requested in the Motion (to the extent granted herein) being in the best interests of the Debtors and their estates, creditors and interest holders; and the Court having reviewed the Motion and having heard the arguments in support of the relief requested therein at a hearing before the Court (the "Hearing "); and the Court having determined that the bases set forth in the Motion and at the Hearing establish just cause for the relief granted herein; and upon all of the proceedings had before the Court and the full record made in these cases; and after due deliberation and sufficient cause appearing therefor, it is FOUND AND DETERMINED THAT: Findings of fact shall be construed as conclusions of law and conclusions of law shall be construed as findings of fact when appropriate. See Fed. R. Bankr. P. 7052. REST OF DOCUMENT AVAILABLE IN CLERK'S OFFICE. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 163 J. -NOEL MAHONEY NYCLU REQ. OPP. DISCUSS - CHAPTER 452 - TOBACCO ADVERTISING We would like to take this opportunity to discuss the constitutionality of recent action by the City of Buffalo Common Council regarding its recent enforcement of the portion of the city charter known as "Chapter 452, Tobacco Advertising." While we believe that the City of Buffalo has acted in good faith, with the best interests of the community in mind, we would be remiss in our responsibilities if we did not bring to your attention what we believe to be unconstitutional and illegal action by the City of Buffalo that could leave it liable under Section 42 United States Code, Section 1983, "Civil Action for Deprivation of Rights." We must note for the record that this chapter of the city charter pre -dates the U.S. Supreme Court decision discussed below. In its 2001 decision in Lorillard Tobacco Co. v. Reilly, the U.S. Supreme Court determined that a state attorney general had a substantial, even compelling, interest in protecting minors from tobacco products. But it decided that the 1,000 -foot restriction on outdoor advertising was simply too broad. The Court emphasized that the 1,000 -foot ban on outdoor advertising was particularly onerous because the law's definition of outdoor advertising included advertising in a store if the ad was visible from outside the store. The justices also focused on the fact that the regulations would curtail the speech that adults could receive. Even though the state has a substantial interest in protecting minors from tobacco usage, tobacco manufacturers and adult consumers have a First Amendment right to provide and receive information about lawful products. The Supreme Court also noted in its 2001 Lorillard Tobacco Co. v. Reilly decision that although municipalities seemed concerned about restricting commercial speech as it pertained to tobacco, the same municipalities turned a blind eye to many other products that were harmful to minors. Fast food companies target children even as our own U.S. Surgeon General decries childhood obesity as the largest threat to our youth. We are all well aware of the dangers of underage drinking, yet alcohol manufacturers also target young people with "hip" imagery. We would caution the City of Buffalo regarding further enforcement of Chapter 452 of the City Charter. Additionally, the council may want to consider refunding any fines paid under this section as a 42 USC, § 1983 action could subject the City of Buffalo to hefty damages for violation of civil rights. We would be saddened if this occurred, as this is a truly preventable outcome. At this time, the Western Regional Office of the New York Civil Liberties Union plans no immediate action; however, we are extremely concerned that there are discussions of expanding this illegal and unconstitutional ordinance to include additional locations, as well as to attempt to restrict or ban advertisement of other legal products. This is not an eventuality that we can allow to pass unchallenged. The answer is not for benevolent "Big Brother" to further censor and regulate speech. The answer is more speech, more discourse, education and parental responsibility. The First Amendment is not the problem. I am available at your convenience to further answer any questions or concerns and very much look forward to your responses. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 154 D. DIGIULIO, AGENT, USE 1669 HERTEL FOR A RESTAURANT EXPANSION (DEL) (HRG 9/13) REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 155 KEVIN GRUPP, AGENT, USE 220 DELAWARE AVENUE -DRIVE OUTDOOR PATIO /CAFE (ELL) 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. 156 S. HOPKINS, AGENT, USE 2751 BAILEY - STORE /GAS STATION W /PARKING & CANOPY (UNIV) 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. 157 D. MIKA, AGENT, USE 187 FRANKLIN ST. AKA 330 PEARL ST. -2 POLE SIGNS (ELL) 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. 158 R. SANTORO, AGENT, USE 1395 HERTEL -2 GROUND SIGNS & PIN LETTERING SIGN (DEL) 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. 159 D. POOLE, USE 166 FRANKLIN - OUTDOOR PATIO (ELL) 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. 160 S. SCHROECK & O -REQ. CHANGE IN PARKING REGULATIONS -LOWER MARINER STREET Please file the attached documents for the next Common Council Meeting for September 6, 2005. Petition on file in Clerk's Office. REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF PUBLIC WORKS, PARKS & STREETS. NO. 161 P. HARRIS & O WAKEFIELD AVENUE SIDEWALK PETITION Attached is a petition to secure funding for an entire sidewalk revitalization for the Wakefield Avenue families and children residing in the City of Buffalo. We have supported our petition with evidence of our neighborhood sidewalk conditions (see attached pictures). Our block club receives numerous complaints from our seniors, families and children of reported fallen incidents on a regular basis. As noted in the enclosed documentation, there are sidewalk areas that can cause severe deep punctured wounds, especially sidewalk pathways that our children have to use going to the City of Buffalo public and charter schools in our immediate area. Also, sidewalk areas that has no concrete facing, only a gravel structure demands immediate repairs. Our Wakefield Avenue block club mission is to ensure a safe and healthy quality of life environment for our families and children. Our block needs the support from the City of Buffalo in a joint partnership effort to build better neighborhoods for residents residing in the City of Buffalo. Especially, the safety and welfare to our seniors and children who are now being placed at high risk of continued serious injuries. Also, enclosed we have not received any information regarding the status of our Wakefield Avenue City of Buffalo Housing Inspection that was conducted in May 2005. (see attached housing inspection report) Serving as housing chair of Flare Community Center, I need the housing violations write ups for review for housing court enforcement. Our block club is working very hard to bring quality of life and uplift the spirits of our depressed Wakefield Avenue resident's mentality. They have invested their life savings to live in a safe, healthy and beautifying community. /n order to accomplish this goal, we need the support and help from the City of Buffalo Mayor's administration to help restore our neighborhood community street. Our street is located in the centralized area in the city which is surrounded by an educational, medical, parks, faith - based organizations which is self- evidence this area is moving toward a targeted growing business community development environment. Your continued support is greatly appreciated to seek City of Buffalo block club funding for our neighbor sidewalk revitalization and housing demolition. (see attached 136 Wakefield) REFERRED TO THE COMMITTEE ON LEGISLATION AND COMMISSIONER OF PUBLIC WORKS, PARKS & STREETS. RESOLUTIONS NO. 162 By: Mr. Bonifacio APPOINT ASSISTANT LEGISLATIVE AIDE Whereas: I, Dominic J. Bonifacio, Jr., wish to appoint Margarita S. Cardona to Assistant Legislative Aide of the Niagara District effective September 12, 2005; and Now, Therefore, Be It Resolved: That the Common Council hereby appoints Margarita S. Cardona to the position of Assistant Legislative Aide to the Niagara District Councilmember. ADOPTED. NO. 163 By: Mr. Bonifacio REQUIRE ALCOHOL ADVERTISEMENTS TO ADHERE TO SAME RESTRICTIONS AS TOBACCO ADVERTISEMENTS Whereas: Currently the City of Buffalo stipulates in § 452 -4 of the City Charter that "It shall be unlawful for any person to place, cause to be placed or to maintain a tobacco advertisement in any publicly visible location on or within 1,000 feet of the perimeter of any school premises, playground or playground area in a public park;" and Whereas: It also stipulates that "It shall be unlawful for any person to place, cause to be placed or to maintain a tobacco advertisement in any publicly visible location on or within 1,000 feet of the perimeter of any child day -care center, children's institution, youth center or amusement arcade;" and Whereas: The City of Buffalo has been committed to creating a climate that discourages youth from smoking, it seems appropriate that the City should also commit itself to creating a climate that discourages youth from consuming alcohol as well; and Whereas: Creating an ordinance in the City Charter requiring alcohol advertisements to adhere to the same stipulations and regulations would make sense and help display the City's commitment in deterring our youth from consuming alcohol; and Now, Therefore Be It Resolved: That the City of Buffalo is committed to deter our youth from consuming alcohol and finds that alcohol advertisements shall adhere to the same stipulations and restrictions that tobacco advertisements face in Chapter 452 of the City Code; and Be It Further Resolved: That the City amend Chapter 452 -4 "Tobacco Restrictions" by adding churches to the restricted areas where it would be unlawful to place tobacco advertisements within 1,000 feet of; and Be It Finally Resolved: That this item be referred to the Committee on Legislation for further discussion with representatives of the Corporation Counsel's office, the Department of Permits & Inspections, and ally other interested party to conduct a comprehensive review. REFERRED TO COMMITTEE ON LEGISLATION AND CORPORATION COUNSEL. NO. 164 By: Mr. Bonifacio APPOINT LEGISLATIVE ASSISTANT Whereas: I, Dominic J. Bonifacio, Jr., wish to appoint Christopher P. Savage to Legislative Assistant of the Niagara District effective September 12, 2005; and Now, Therefore, Be It Resolved: That the Common Council hereby appoints Christopher P. Savage to the position of Legislative Assistant to the Niagara District Councilmember. ADOPTED. NO. 166 By: Mr. Conrad REJECTION OF THE NYPA RELICENSING SETTLEMENT FOR BUFFALO & ERIE COUNTY Whereas, This Honorable Body on May 17 2005 adopted a resolution supporting United States Congressman Brian Higgins call to increase the New York Power Authority's offer from $100 million dollars over the next 50 years, for Buffalo and Erie County to $500 million dollars over the next 50 years, and; Whereas, the New York Power Authority has remained adamant that the current offer is adequate and no other offer will be made to the Buffalo and Erie County region, and; Whereas, This Honorable Body rejects the New York Power Authority's offer of $100 million dollars over the next 50 years, and; Whereas, The current deal offered to the Niagara Power Coalition, seven different governments representing Niagara County, of $1 billion dollars; $20 million dollars a year for the next 50 years for Niagara Falls and Niagara County, and; Whereas, Niagara Falls is a regional asset and the good people of Buffalo and Erie County have subsidized the creation and expansion of the Niagara Power Project since it's inception, and; Whereas, Buffalo and Erie County, one of the largest port cities in the world at the time of the Niagara Power Projects creation, has seen dramatic deterioration along its waterfront from the great grain elevators to the over growth of neglect and decline of undeveloped land, and; Whereas, Settlement monies allocated to Buffalo and Erie County will be used for the design and construction of physical improvements along Buffalo's waterfront and the improvement of economic development in Buffalo and Erie County, Now, Therefore, Be It Resolved, That the Buffalo Common Council does hereby reject the New York Power Authority's settlement agreement of $100 to be paid in installments of $2 million dollars over the next 50 years, and; Now, Therefore, Be It Further Resolved, That this Honorable Body does hereby maintain its commitment to the redevelopment of Buffalo's waterfront and the economic development throughout the City of Buffalo, Erie County, and Western New York, and; Now, Therefore, It Be It Further Resolved That this Honorable Body supports the plan put forth, by United States Congressman Brian Higgins, to increase New York Power Authority's current settlement from $2 million dollars per year over the next 50 years to $10 million dollars per year for the next 50 years, and; Now, Therefore, It Be Further Resolved, That certified copies of this resolution be sent to the Federal Regulatory Energy Committee; Governor of New York State, Western New York delegation of the United States Senate and House of Representatives, the members of the Western New York delegations of the New York State Senate and Assembly, the Erie County Executive, the Mayor of Buffalo, the New York State Power Authority. ADOPTED. NO. 166 By Mr. Coppola APPOINT MICHAEL AGOSTINO TO THE POSITION OF SENIOR LEGISLATIVE ASSISTANT Whereas: Michael Agostino has worked nearly five years as a Legislative Assistant in the Delaware District; and Whereas: Councilmember Marc Coppola would like to appoint Mr. Agostino to the position of Senior Legislative Assistant. Now Therefore Be It Resolved: This Common Council approves the appointment of Michael Agostino to the position of Senior Legislative Assistant effective September 12, 2005. ADOPTED. NO. 167 By Mr. Coppola Require NFTA to notify City of Buffalo when selling or disposing land within the City of Buffalo Whereas: The Niagara Frontier Transportation Authority (NFTA) owns numerous parcels within the City of Buffalo; and Whereas: The NFTA may sell these parcels through private real estate transactions to any buyer its board approves; and Whereas: The sale or disposal of NFTA owned parcels may have an adverse effect on the surrounding neighborhood, for example, the NFTA recently sold 23 acres of land between Colvin and Starin Avenues in North Buffalo, which is adjacent to residential properties; and Whereas: The future of this land has raised concerns throughout the neighborhood as to how this now privately owned land will effect their homes, their living, and their property values; and Whereas: If the City was made aware that a possible sale was being made, it would be more prepared to tend to the concerns of neighborhood residents; and Whereas: Although the NFTA may have the authority to sell property within the City without consulting with the City of Buffalo, it makes more sense and ensures proper planning to notify the City of Buffalo when it plans on selling or disposing any parcel within the City of Buffalo. Now Therefore Be It Resolved: That this Common Council requests that the NFTA notify the City of Buffalo when it plans on, and prior to, selling or disposing any NFTA owned land within the City; and Be It Further Resolved: That this resolution be forwarded to the NFTA Board of Directors and that they file a response to this resolution with the City Clerk. ADOPTED. NO. 168 By: Mr. Davis TRANSFER OF FUNDS COMMON COUNCIL - LEGISLATIVE That pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $27,840 be and the same is hereby transferred within Common Council Legislative and said sum is hereby reappropriated as set forth below: From: 10102001 —412002 $21,340 10111001 - 411001 CM ( #10) $ 6,500 To: 10109004 - 458001 CM( #8) $ 1,500 10109004 - 458002 CM( #8) $ 1,500 10110004 - 458001 CM( #9) $ 1,500 10110004 - 458002 CM( #9) $ 1,500 10112004 - 458001 CM( #11) $ 1,500 10112004 - 458002 CM( #11) $ 500 10105004 - 458001 CM( #4) $ 1,500 10105004 - 458002 CM( #4) $ 1,500 10102006 — 432004 $10,340 10102001 —41200 $ 6,500 PASSED. AYES -9. NOES -0. NO. 169 By: Mr. Davis INCREASED APPROPRIATION FUND BALANCE CAPITAL PROJECTS That, Pursuant to §20 -11 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the Capital Budget for the current fiscal year, be and the same hereby is increased in the sum of $200,000. The increased appropriation will be met from the Unreserved /Designated Fund Balance for Reengineering Agreements. That, the comptroller be and hereby is authorized and directed to increase the appropriation estimates of accounts: From: 10700096 - 397000 Unres /Designated Fund Balance for Reengineering Agreements $ 200,000 To: 17523008 - 489130 Transfer out to Capital Project $ 200,000 From: 17523008 - 489130 Transfer out to Capital Project $ 200,000 12131007 - 471000 Closing costs associated with the purchase of 3226 & 3238 Bailey and 266 Hewitt (new firehouse) 200.000 PASSED. AYES -9. NOES -0. NO. 170 By: Mr. Davis CERTIFICATE OF NECESSITY TRANSFER OF FUNDS PARKING BOARD We, Anthony M. Masiello, Mayor and Andrew San Filippo, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that it is necessary that the sum of $36,900.78 be transferred and reappropriated from the Maintenance and Debt Service Reserve Capital Reserve Account, as set forth below: 51008207 - 470010 Maintenance and Debt Service Reserve Capital Reserve $36,900.78 To: 51 01 9036- 4451 00 Augsburger Expansion $36,900.78 Dated: Buffalo, NY, August 29, 2005 PASSED. AYES -9. Noes -0. NO. 171 By: Mr. Davis APPOINT LEGISLATIVE ASSISTANT Whereas: Councilmember Brian C. Davis would like to appoint Kimberly R. German to the position of Legislative Assistant in the Ellicott District Council Office; and Now Therefore Be Resolved: That the Buffalo Common Council approves the appointment of Kimberly R. German to the position of Legislative Assistant effective September 16, 2005. ADOPTED. NO. 172 By: Mr. Franczyk TRAILBLAZING SIGN REQUEST FOR PASTOR KENNETH WILKERSON KENNETH WILKERSON was born on February 9, 1930, in Mount Olive, Mississippi; and After finishing high school in Mississippi, Kenneth Wilkerson earned a Bachelor of Arts Degree from the University at Buffalo, a Bachelor of Theology from Ohio Christian College, and a Masters of Pastorul Theology from Andersonville Baptist Seminary in Camilla, Georgia; and Kenneth Wilkerson met "'Miss Jean % as he calls her in September of 1956. After a whirlwind courtship, they were married on December 15, 1956. They have one daughter; Renee, and two grandchildren; Tamara and Terrell; and Pastor Wilkerson entered the ministry on July 31, 1957. He organized the First Timothy Missionary Baptist Church on April 18, 1958. The congregation worshipped at a rented storefront until August 1969, when they purchased their first piece of property. In 1976, they purchased 1467 Genesee Street, and in 2003, they constructed a new building on Genesee Street, and In honor of Pastor Kenneth Wilkerson, the Senior Women's Department of the First Timothy Missionary Baptist Church has respectfully requested that this Honorable Body place three trailblazing markers up on Genesee Street at Ivy Street, St. Louis Street, and Moselle Street; Now, Therefore be it Resolved: That the Common Council joins in with the members of First Timothy Missionary Baptist Church in expressing its sincere appreciation to Pastor Kenneth Wilkerson for his dedication and commitment to his congregation, community, family, and residents of the City of Buffalo; and Be it Further Resolved: That the Common Council of the City of Buffalo does hereby approve the Centennial A.M.E. Church "s request to place three trailblazing markers up on Genesee Street at Ivy Street, St. Louis Street, and Moselle Street in honor of PASTOR KENNETH WILKERSON, REFERRED TO THE COMMITTEE ON LEGISLATION AND COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS. NO. 173 By: Mr. Golombek CASINO IN BUFFALO Whereas: The Nation -State Gaming Compact between the Seneca Nation of Indians and the State of New York authorizes the Seneca Nation of Indians to construct three casinos in Western New York region, with one being located within the City of Buffalo; and Whereas: The gaming compact requires that land set aside for use by the Seneca Nation for a casino would become sovereign land of the Seneca Nation and therefore could no longer be taxed by the City, placing a disproportionate burden on City taxpayers to fund vital City services such as Police, Fire, Sanitation and Public Works; and Whereas: Debate continues throughout the City, County, and Western New York region regarding the potential benefits to be gained and /or problems that would arise from casino operations in downtown Buffalo; and Whereas: The casino profit sharing formula is not clear. During 2004, the Seneca Niagara Casino in Niagara Falls, NY generated net slot revenue of $248.7 million. Of this amount, New York State received $57.1 million dollars and Niagara Falls received about $11.2 million. Today many question the wisdom of what appears to be a lop -sided sharing formula favoring the State at the expense of the local government and local taxpayers; and Whereas: Niagara Falls has seen very little private sector investment in the immediate vicinity of the casino and many are concerned that on -going Seneca Nations development such as the adjoining hotel currently under construction will further exacerbate the problems currently plaguing the City of Niagara Falls; and Whereas: Similarly, in Buffalo there is concern that adjoining land earmarked for related development (e.g.: shops, restaurants, etc.) may likewise become sovereign land, thereby creating a disincentive for competing private development which would not be afforded sovereign nation status and related tax exempt benefits; and Whereas: There is added concern throughout the downtown business community that the City lacks the access and infrastructure needed to adequately service and support a casino and the potential surrounding development and as a result, business may be forced to or would voluntarily relocate outside of the City, further exacerbating City planning and development efforts; and Whereas: Conversely, private development would at a minimum provide a tax base to sustain vital City services as well as taxpayer funded County and State services. More importantly private development would foster competition and free - enterprise as evidenced by the methods employed and the successes enjoyed by areas such as Las Vegas, Atlantic City, and Detroit; and Whereas: Many agree that the efforts by our state leaders Governor Pataki, Assembly Speaker Sheldon Silver, and Senate Majority Leader George Bruno and others have been laudatory and well intended, many continue to question whether adequate due diligence occurred and whether safeguards have been installed to protect the residents and taxpayers of the City and future generations and that their actions have truly been in the best interests of all concerned; and Now, Therefore be it Resolved: That the City of Buffalo memorialize the casino matter by resolution to our state leadership emphasizing that given the importance and far - reaching effect that a casino decision brings with it, that we take another step forward by inviting public comment and input from our taxpayers, government leaders, the business community, area colleges and universities, and most importantly, successful developers from other regions, in an effort to retrace the steps that have occurred and the steps that yet need to be taken for casino development; and Be it Further Resolved: That Governor Pataki, Assembly Speaker Sheldon Silver, and Senate Majority Leader George Bruno demonstrate their willingness to protect the interests of all involved in this matter by demonstrating their resolve in a swift and decisive matter, thereby sending a message to all communities throughout New York State that their interests are being served in an adequate and exemplary manner; and Be it Further Resolved: That we can ill- afford to make a decision that is not the very best based on all of the knowledge, education and business and governmental acumen that we have within the great State of New York. The Iroquois Confederation when making an important decision looks to its impact on seven succeeding generations; we should do no less! and Be it Further Resolved: That the item be sent to the Committee on Community Development for immediate discussion, debate, and recommendation; and Be it Finally Resolved: That the City Clerk send certified copies of this resolution to Governor George Pataki, to Assembly Speaker Sheldon Silver, to Senate Majority Leader Joseph Bruno, to the members of the Western New York delegation of the New York State Senate and Assembly, to the County Executive, to the Mayor, and to the Corporation Counsel, for their comment. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 174 By: Mr. Golombek ORDINANCE AMENDMENT CHAPTER 137 - CODE ENFORCEMENT The Common Council of the City of Buffalo does hereby ordain as follows: Effective August 17, 2005, that Section 137 -7 of the Code of the City of Buffalo be amended to Initial Additional Maximum Fine Penalty Penalty Total FINE CLASS G $200.00 $200.00 $200.00 $600.00 Displaying tobacco ads within 1,000 feet of restricted areas - First Offense - Chapter 452 Initial Additional Maximum Fine Penalty Penalty Total FINE CLASS H $350.00 $350.00 $350.00 $1050.00 Displaying tobacco ads within 1,000 feet of restricted areas - Second and Subsequent Offenses - Chapter 452 It is hereby certified, pursuant to 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. NOTE: Matter underlined is new and matter to be deleted is in brackets REFERRED TO THE COMMITTEE ON LEGISLATION AND CORPORATION COUNSEL. NO. 176 By Mr. Golombek DISCHARGE LEGISLATION COMMITTEE "R. BEBOUT, AGENT, USE 2166 NIAGARA STREET RESTAURANT REPL. MCDONALD'S (NORTH) (HRG. 6/10) - (ITEM # 72, C.C.P. MAY 3, 2006) Whereas: The above item is currently in the Legislation Committee; and It is no longer necessary for this item to be considered by that committee; Now, Therefore Be it Resolved: That this Common Council does hereby discharge the Legislation Committee from further consideration of "R. Bebout, Agent, Use 2156 Niagara Street Restaurant Repl. McDonald's (North) (Hrg. 5/10) - (Item # 72, C.C.P. May 3, 2005) and said item is now before the Common Council for its consideration. PASSED AYES -9. NOES -0. NO. 176 By: Mrs. Russell GRANTING PERMISSION TO THE STATE UNIVERSITY OF NEW YORK AT BUFFALO (SUNYAB) TO HANG HOMECOMING BANNER ON MAIN STREET Whereas: The State University of New York at Buffalo will be celebrating their "Homecoming" from September 26 to October 8, 2005; and Whereas: In order to promote their "Homecoming ", representatives from SUNYAB are seeking permission to hang a banner across Main Street and Englewood Avenue (3288 -3289 Main Street) from September 26, 2005 through October 8, 2005; and Whereas: SUNYAB is familiar with the banner requirements and will purchase the necessary bond before the banner is hung; Now, Therefore, Be It Resolved That: This Common Council of the City of Buffalo grants permission to the State University Of New York at Buffalo ( SUNYAB) to hang a banner announcing their "Homecoming "; and Be It Further Resolved That: The banner will hang across Main Street located at 3288 & 3289 Main from September 26, 2005 through October 8, 2005; and Be It Finally Resolved That: Said banner must meet all the requirements of pertinent city departments and that no existing laws are violated. RECEIVED AND FILED. NO. 177 By: Mrs. Russell BUDGET AND PERSONNEL AMENDMENT 32 - DEPARTMENT OF PUBLIC WORKS, PARKS & STREETS 1096 - $ 30,258 OPERATION & MAINTENANCE OF BUILDINGS The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 32 Department Of Public Works, Parks & Streets, 1096 Operation & Maintenance Of Buildings which currently reads: 16 Laborer II $ 24,420 - $ 27,833 10 Laborer 1 $ 22,383 - $ 25,432 Is hereby amended to read: 17 Laborer 11 $ 24,420 - $ 27,833 9 Laborer 1 $ 22,383 - $ 25,432 That a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position JOSEPH N. GIAMBRA, COMMISSIONER OF PUBLIC WORKS, STREETS AND PARKS AND MICHAEL A. SEAMAN, DIRECTOR OF BUDGET, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. APPROVED AS TO FORM Michael B. Risman Corporation Counsel 08/29/2005 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. NO. 178 By: Ms. Russell BUDGET AND PERSONNEL AMENDMENT 31 - DEPARTMENT OF PUBLIC WORKS, PARKS & STREETS 1191 -TRAFFIC ENGINEERING The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 31 Department Of Public Works, Parks & Streets, 1191 - Traffic Engineering which currently reads: 1 Senior Drafting Technician $ 33,545 - $ 38,584 Is hereby amended to read: 1 Junior Engineer $ 35,868 - $ 41,549 That a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position JOSEPH N. GIAMBRA, COMMISSIONER OF PUBLIC WORKS, STREETS AND PARKS AND MICHAEL A. SEAMAN, DIRECTOR OF BUDGET, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. APPROVED AS TO FORM Michael B. Risman Corporation Counsel 08/29/2005 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. NO. 179 By: Ms. Russell BUDGET AND PERSONNEL AMENDMENT 01 - DEPARTMENT OF COMMON COUNCIL 1003 - COUNCILMEMBER # 2 1005 - COUNCILMEMBER # 4 1011 - COUNCILMEMBER #10 The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 01 - Department Of Common Council, 1003- Councilmember # 2, 1005 Councilmember # 4 and 1011 - Councilmember # 10 which currently reads: 1003 - Council Member # 2 2 Legislative Aide to Councilmember 2 Legislative Assistant to Councilmember 1005 Council Member # 4 $30,258 $34,631 $30,258 $34,631 $ 30,258 $ 39,003 $ 34,631 1 Legislative Aide to Councilmember Is hereby amended to read: 1011 Council Member # 10 1003 - Council Member # 2 1 Legislative Assistant to Councilmember 1 Legislative Aide to Councilmember 1005 Council Member # 4 1 Senior Legislative Assistant to Councilmember 1 Legislative Assistant to Councilmember 1011 Council Member # 10 1 Legislative Assistant to Councilmember $34,631 From: 10102001 41200' — Seasonal $ 3,550 To: 10103001 -411001 Salaries $ 3,550 IT IS HEREBY CERTIFIED, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. That a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position GERALD A. CHVCALINSKI, CITY CLERK AND MICHAEL A. SEAMAN, DIRECTOR OF BUDGET, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. APPROVED AS TO FORM Michael B. Risman Corporation Counsel 08/29/2005 PASSED. AYES -9. NOES -0. NO. 180 By: Mr. Thompson REQUEST BOE TO ESTABLISH A 25% RATE OF PARTICIPATION GOAL FOR BUFFALO PUBLIC SCHOOLS TO IMPLEMENT A UNIFORM POLICY FOR 2006 -2007 SCHOOL YEAR Whereas: On July 20, 2004, the Buffalo Common Council adopted a resolution requesting the Board of Education to set a goal of 50% participation of Buffalo Public Schools to implement a uniform policy for the 2004 -2005 school year; and Whereas: While this goal was not met, BOE members and public constituents did meet at a Special Session of the Common Council Committee on Education on January 20,2005, and it was agreed upon that interested members, parents and school representatives would work together as a "Dress Code /Uniform Advisory Committee" towards the implementation of uniforms into selected schools for the 2005 -2006 school year; and Whereas: Two schools, #67 Discovery School and #307 East High, have decided to join School #80 Highgate Heights, in the implementation of a school uniform policy for the 2005 -2006 school year; and Whereas: This represents a 4% participation rate for the number of Buffalo Public Schools implementing a uniform policy for the 2005 -2006 school year. Now, Therefore Be It Resolved: That this Common Council requests that efforts of the "Dress Code /Uniform Policy Advisory Committee" streamline and model the process utilized at Schools # 67 & 307 and avail these efforts towards those schools who have shown an interest in implementing a school uniform policy during the 2005 -2006 school year; and Now, Therefore Be It Further Resolved: That the Board of Education establish a 25% participation goal for Buffalo Public Schools to implement a uniform policy in 2006 -2007 school year; and Now, Therefore Be It Finally Resolved: This item is referred to the appropriate committee of the Common Council for further Consideration. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION. NO. 181 By: Mr. Thompson FAIR HOUSING ADVISORY BOARD Whereas: The State of New York and the Federal Government each have a Fair Housing Law which clearly regulates the rights of tenants and landlords, provides legislation for protection against discrimination, and offers an enforcement component for those who feel their rights have been violated; and Whereas: The City of Buffalo does not have it own Fair Housing Law. Many times, City Officials have tried to pass such an Ordinance and several variables have prevented passage: and Whereas: Once again, a City of Buffalo Fair Housing Ordinance is being worked on with HOUSING OPPORTUNITIES MADE EQUAL, The City Fair Housing Office and the Common Council; and Whereas: With the development of a City of Buffalo Fair Housing Ordinance, the creation of a Fair Housing Advisory Board would be beneficial for the proper implementation and relay of information that will be necessary; and Whereas: The Fair Housing Advisory Board should be comprised of nine members; 2 appointed by the Mayor of the City of Buffalo, 2 appointed by the Common Council, and 5 appointed by City of Buffalo Fair Housing Agencies; and Whereas: Responsibilities of the Fair Housing Advisory Board Members will include attendance at (at) (sic) least three Board Meetings per year and assisting the City of Buffalo Fair Housing Office with the annual report; Now, Therefore, Be It Resolved: That the City of Buffalo Fair Housing Ordinance include the creation of a Fair Housing Board comprised of the number of individuals and the appointing authorities listed above; and Now, Therefore, Be It Further Resolved: That the Fair Housing Advisory Board, in addition to its duties proclaimed in its mission statement, also work with the City of Buffalo Fair Housing Office on its annual report; and Now, Therefore, Be It Finally Resolved: That minutes of the Fair Housing Advisory Board Meetings be filed with the Common Council. 1308 City Hall, Buffalo NY 14202, following each meeting. REFERRED TO THE DIRECTOR OF STRATEGIC PLANNING NO. 182 By: Mr. Thompson FELICITATIONS /IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Fears Family By City Clerk Chwalinski Felicitation for Ukrainian American Day By Councilmembers Davis, Golombek, Franczyk & City Clerk Chwalinski ADOPTED. NO. 183 By: Mr. 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: Sabrina Wrzosek Renee Rechan Frank Sims Georgette Antecki Total: 4 ADOPTED NO. 184 By: Mr. 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 George Alexander Nydia Saenz Nina Littlejohn Robert Linkowski Total: 4 ADOPTED. UNFINISHED BUSINESS NO. 185 BMWA -REQ. APPR. OF AMENDMENT TO FINANCING AGREEMENT (HRG. 9/6) ( #14, 7/26) Mr. Coppola now moved that the above item be taken from the table. Seconded by Mr. Thompson CARRIED. 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 motion by Mr. Coppola, seconded by Mr. Thompson, the item is properly before the Common Council, and the hearing is opened. CARRIED Appearances -Tony Farina, Comptroller's Office Mr. Coppola now moved that the hearing is closed. Seconded by Mr. Bonifacio CARRIED Mr. Coppola now moved approval of said item. Seconded by Mrs. Russell. PASSED. AYES -9. NOES -0. NO. 186 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Cotmcil Chambers, 13 floor City Hall Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, September 13, 2005 at 9:30 o'clock A.M. Committee on Finance Tuesday, September 13, 2005 at 10:00 o'clock A.M. following Civil Service Committee on Legislation Tuesday, September 13, 2005 at 2:00 o'clock P.M. Committee on Comm. Dev. Wednesday, September 14, 2005 at 10:30 o'clock A.M. Special Committees MBEC Monday, September 12, 2005 at 10:00 o'clock A.M. in Room 1417 City Hall. (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. 187 ADJOURNMENT On a motion by Mr. Coppola, Seconded by Mrs. Russell, the Council adjourned at 3:55 p.m. GERALD CHWALINSKI CITY CLERK