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Home My WebLink About06-1114 (2)No.21 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO NOVEMBER 14, 2006 PENSION PROCEEDINGS NOVEMBER 16, 2006 MAYOR Hon. Byron W. Brown COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL FILLMORE DISTRICT David A. Franczyk PRESIDENT PRO TEMPORE UNIVERSITY DISTRICT Bonnie E. Russell MAJORITY LEADER NIAGARA DISTRICT DOMINIC J. BONIFACIO JR DISTRICT COUNCIL MEMBERS BRIAN C. DAVIS - ELLICOTT RICHARD A. FONTANA - LOVEJOY ANTOINE M. THOMPSON - MASTEN MICHAEL J. LO CURTO - DELAWARE JOSEPH GOLOMBEKJR. - NORTH MICHAEL P. KEARNS - SOUTH REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Brian C. Davis, Richard A. Fontana, Michael J. LoCurto - Members CLAIMS COMMITTEE: Michael Kearns Chairman, Dominic J. Bonifacio Jr., Richard A. Fontana, Joseph Golombek,Jr.,- Members COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr. Chairman, Richard A. Fontana, Michael J. LoCurto, Bonnie E. Russell, Antoine M. Thompson - Members FINANCE COMMITTEE: Brian C. Davis, Chairman, Dominic J. Bonifacio, Jr., Michael Kearns, Michael J. LoCurto, Bonnie E. Russell - Members. LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Dominic J. Bonifacio Jr., Joseph J. Golomberk Jr., Michael P. Kearns, Bonnie E. Russell - Members RULES COMMITTEE: David A. Franczyk, Chairman, Dominic J. Bonifacio Jr., Bonnie E. Russell - Members BUDGET COMMITTEE: Dominic J. Bonifacio, Jr., Chairman, Brian C. Davis, Richard A Fontana, Joseph Golombek, Jr. Bonnie E. Russell - Members MINORITY BUSINESS ENTERPRISE COMMITTEE - Antoine M. Thompson, Chairman Brian C. Davis, Richard A. Fontana, Bonnie E. Russell Members EDUCATION COMMITTEE ;Antoine M. Thompson, Chairman, Michael P. Kearns, Bonnie E. Russell Members WATERFRONT DEVELOPMENT COMMITTEE — Michael P. Kearns, Chairman, Brian C. Davis, Richard A. Fontana, Joseph J. Golombek, Jr. - Members CORPORATION PROCEEDINGS INVOCATION - PLEDGE TO FLAG ** *FINAL * ** * *NOV. 14,2006*** MAYOR 1 -A. State of Emergency- 11/10/06 R &F 2 -1. do - 11/1/06 R &F 3 -2. do - 11/5/06 R &F 4 -3. 2007 Capital Budget Recommendations & Five Year Plan BUDGET MAYOR - EXECUTIVE R &F 5 -4. Cit. Serv. -Bflo. Weed/Seed Safe Haven Ss. Colomba- Brigid Teen Center APP 64A. Plan Bd. -Oak St. Redev. URP Amendment - Planning Bd. Approval CD 7 -5. Strat. Plan. -BNRC Audited Financial Statements FIN 8 -6. do -SEQR Lead Agency Designation- Downtown Urban Renewal Plan Phase I- APP Amendment _APP 9 -7. do - Rescind Sale -2018 Bailey Avenue (Lovejoy) APP 10 -8. do -do -31, 35 & 37 Howard Street (Ell) APP 11 -9. do -do -918 Main St. (Niagara) APP 12 -10. do - Utility Easement Agree.- Niagara Mohawk Power Corp. -Use of 32 Cedar - R &F School 432 (Ell) FIN, CC COMPTROLLER FIN 13 -11. First Quarter Gap BUDGET 14 -12. Letter to Steelfields Ltd. -Value Protection Plan- Hickory Woods CD, EDPI ASSESSMENT/TAXATION R &F 15 -13. Board of Assessment Review - Appt., Perm. Member APP 16 -14. R. Fontana - Vacant Lots being Charged a User Fee R &F 17 -15. Temp. Appts. To Bd. Of Assessment Review R &F PUBLIC WORKS, PARKS & STREETS 18 -16. Abby St. Ext. North of Tifft St. -NYS Multi Modal Grant- PIN45ME017.30A APP 19 -16A. Babcock St. Bridge Emerg. Repairs- Seneca St. to Clinton St.- 42260420 APP 20 -17. Bids -Fire Engine 435, 1512 Clinton -Roof Reconst.- Job 40625 (Fill) APP 21 -18. Perm. Enter Agree. W/NYSDOT -Prow. Matching Funds - Michigan Ave. Corridor Rehab. - Broadway to Goodell St. PIN 45757.63 APP 22 -19. Prevent Cutting Down of Healthy Trees LEG 23 -20. 130 S. Elmwood, Niagara Center R &F 24 -21. D. Thompson- Chapter 96 of the Code of the City of Buffalo R &F 25 -22. Vacant Lots Being Charged a User Fee FIN 26 -23. Appt.- Senior First Class Stationary Engineer (Max) CS POLICE 27 -24. Drug Asset Forfeiture Wire Transfers ($16,892.61) R &F CORPORATION COUNSEL 28 -25. Cert. Proceedings - Randall Benderson 1993 -1 Trust -333 Amherst St. R &F 29 -25A. Amendment to Living Wage Ordinance LEG 30 -25B. Deed Related to Kleinhans Music Hall R &F 31 -25C. City Planning Board Appointment Process R &F 32 -25D. Utility Easement Agree.- Niagara Mohawk Power Corp. -Use of 2827 Main St- School 4200 (Masten) R &F 33 -26. Memo. Of Understanding between COB & Bd. Of Ed. Relative to Assigning Addl. Police Chief to Assist With Policing Efforts in and Around Schools R &F ECONOMIC DEVELOPMENT & PERMITS /INSPECTIONS 34 -27. Food Store License -550 Tonawanda (North) APP 35 -28. Second Hand Dealer -2658 Delaware (North) APP 36 -29. Used Car Dealer -1279 Genesee (Fill) 37 -30. do -771 Military (North) 38 -31. do -609 Walden (Lovejoy) ADMINISTRATION, FINANCE & URBAN AFFAIRS 39 -32. 2006 -2007 First Quarter Gap Sheet 40 -32A. Disaster Relief Funds BUDGET APP 41 -33. Living Wage Proposal LEG COMMUNITY SERVICES & RECREATIONAL PROGRAMMING 42 -34. Quarterly Reports on HOPWA Opp. For People With Aids ( HOPWA) Grant Recipients R &F CITY CLERK 43 -35. Auto Allowance R &F 44 -36. Liquor License Applications 45 -37. Leaves of Absence 46 -38. Notices of Appointments - Seasonal 47 -39. Notices of Appointments - Temp. /Prow. /Perm. CS MISCELLANEOUS 48 -40. L. P. Ciminelli -Board Packet Documents - 11/6/06 R &F 49 -41. S. Magavern- Living Wage Commission -City Compliance /COLA LEG PETITIONS 50 -42. C. Paladino, Owner, Use 460 Main -Port of 3r Floor -Hum. Serv. Fac. (Ell) (No Pub Hrg Req) LEG, CP BD 51 -43. J. Golombek -J. Panczak & O- Petition - Regarding Complaints about Police in Riverside LEG, POL, EOC RESOLUTIONS 87 -43A. Bonifacio Ord. Amendment - Chapter 194 -Food Stores LEG 88 -44. do Excuse Councilmember Davis from Meeting ADOPT 89 -44A. Davis Amendment to the Oak St. Redev. Urban Renewal Plan (Hrg. 11/28) CD 90 -44B. do Perm. Hang Christmas Decorations Within Chippewa Entertainment District APP 91 -45. Franczyk Appts. To Parks Advisory Board ADOPT 92 -46. do Petition State to Forgive Taxes for Madonna of Streets ADOPT 93 -47. do Waive Demo Permit for 827 South Park APP 94 -48. Golombek NYSDEC Tree Planting Cost Share Grant for Urban & Comm. Forestry APP 95 -49. LoCurto Traffic Control Signal Photo Monitoring System Demo. Project ADOPT 96 -50. do Filling Vacancies on the Adv. Comm. For Persons W /Disabilities ADOPT 97 -51. Thompson Increasing the Local Share of Casino Revenue to the City of Buffalo BUDGET 98 -51A. do Req. to Make Tree - Related Products Available to the Public LEG, PW, CC 99 -52. do Felicitations /In Memoriums ADOPT 100 -53. do Comm. Of Deeds ADOPT 101 -54. do do ADOPT R &F R &F APP SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETING CIVIL SERVICE 52 -1. Com 22 Oct 31 Appts.- Detective (Contingent Perm) (Max) (Pol)(Hrynczak, etc.) R &F 53 -2. Com 23 Oct 31 Appts.- Detective (Contingent Perm) (Max) (Pol) (Ross, etc.) R &F 54 -3. Com 24 Oct 31 Appts.- Detective (Perm) (Max) (Pol) (Ross, etc.) R &F 55 -4. Com 25 Oct 31 Appts.- Detective (Perm) (Max) (Pol) (Ahmed, etc.) R &F 56 -5. Com 26 Oct 31 Appt. -Report Technician (Max) (Pol) APP 57 -6. Com 38 Oct 31 Appt. - Personnel Assistant (Civil Service) (Inter) (HR) APP 58 -7. Com 37 Oct 31 Req. for Info. - Emerg. Med. Svs. Coordinator (HR) R &F 59 -8. Com 43 Oct 31 Notices of Appt.- Temp. /Prov. /Perm. (C. Clk.) R &F FINANCE 60 -9. Res 180 July 25 Re- Examine Agmt. Betw. COB & EC -Re: Forestry Duties R &F 61 -10. No 93 Sept 5 M. Poloncarz -EC Compt. -Audit of COB Parks Dept. R &F 62 -11. No 87 Oct 3 Lease - Kleinhans Music Hall ( 421,9/19) (PW) APP 63 -12. Com 8 Oct 3 Util. Easement Agree. -NIMO Corp. -Use 2827 Main - Sch.4200(Mas)(St. Pl.) APP 64 -13. No 61 Oct 17 Bids -City Wide Sidewalk Replacement -2006 Group 4658 ( 48,9/19)( 484,10/3) (PW) RECOMMIT 65 -14. Com 12 Oct 3 Certiorari Proc. - Randall Benderson 1993 -1 Trust -333 Amherst St.(Assess /Tax) APP LEGISLATION 66 -15. No 62 Oct 31 B. Daddis, Agent, Use 133 Hopkins- Ground Sign (So) (No Pub Hrg Req) APP 67 -16. No 63 Oct 31 L. McClive, Agent, Use Var. Downtown Loc. -10 Freestanding Signs (Ell) (No Pub Hrg Req) APP 68 -17. Res 106 Oct 31 Ord. Amend.- Chapter 137 -Code Enforcement (Bouncers) APP 69 -18. Res 107 Oct 31 Ord. Amend.- Chapter 175 -Fees (Bouncer Law) APP 70 -19. Res 108 Oct 31 Ord. Amend.- Chapter 372 - Bouncer Law APP 71 -20. Res 115 Oct 31 Preservation Board Appointment APP 72 -21. Com 33 Oct 31 Food Store License -388 Paderewski (Fillmore) (ECPI) RECOMMIT 73 -22. No 65 Oct 3 R. Dollman, Agt., Use 161 Elmwood- Sit -In Rest. (Ell) (Hrg. 10 /10) RECOMMIT 74 -23. Com 1 Sept 5 Appt.- Member - Elevator Safety Review Board (Mayor) R &F 75 -24. No 122 Oct 3 Appts.- Preservation Board ( #17,9/5) (CP) R &F 76 -25. Com 43 July 25 Food Store License -1234 Fillmore (Masten) (ECPI) APP 77 -26. Com 30 Oct 17 Second Hand Dealer -549 Niagara St. (Ell) (EDPI) RECOMMIT 78 -27. Com 31 Oct 17 Used Car Dealer -41 Louisiana St. (Fill) (EDPI) APP 79 -28. Com 62 Sept 5 Used Car Dealer -1811 N. Fillmore (Masten) (ECPI) APP 80 -29. No 142 July 25 Used Car Dealer -285 Swan ( 443.5 /16)(Ell) RECOMMIT 81 -30. No 92 Sept 5 E. LaPlante -Bflo. Spec. Pol. -Req. Discussion -Part. In Assisting Police, etc. in COB R &F COMMUNITY DEVELOPMENT 82 -31. Com 6 Oct 31 Riverwright Energy Ethanol Plant (Plan Bd.) APP 83 -32. No 47 Oct 17 C. Rosenow -EC Harbor Dev. Corp.- Transfer of Outer Harbor to ECHDC /Council Rep. R &F 84 -33. Res 91 Oct 17 Identifying All Current /Poss. Future Funding Sources for Hickory Woods Neighborhood (Exc. 1s Res.) ADOPT 85 -34. Res 150 May 17 Support for Waterfront Village Adv. Council(Exc. 1s Res) WATERFRONT 86 -35. Res 128 Nov 3 Proposed Private Bridge at International Rail Bridge Site(3 res) R &F COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, NOVEMBER 14, 2006 AT 2:00 P.M. PRESENT - David A. Franczyk, President of the Council, and Council Members Bonifacio, Fontana, Golombek, Kearns, LoCurto, Russell and Thompson - 8. ABSENT - Davis -1 On a motion by Mr. Bonifacio, seconded by Mr.Fontana, the minutes of the stated meeting held on October 31, 2006 were approved. FROM THE MAYOR NO. 1 STATE OF EMERGENCY 11/10/06 The State of Emergency declared in the City of Buffalo on October 13, 2006 at 4:30 a.m., October 18, 2006, October 23, 2006, October 28, 2006, November 1, 2006 and November 5 is hereby extended as of November 10, 2006 pursuant to Section 24 of the New York State Executive Law. This State of Emergency has been declared due to hazardous conditions that remain from the storm of October 12, 2006 This situation continues to threaten the public safety. This State of Emergency will remain in effect until rescinded by a subsequent order. As the Mayor of the City of Buffalo, I, Byron W. Brown, exercise the authority given me under section 24 of the New York State Executive Law, to preserve the public safety and hereby render all required and available assistance vital to the security, well being, and health of the citizens of this City. I hereby direct all departments and agencies of the City of Buffalo to take whatever steps necessary to protect life and property, public infrastructure, and provide such emergency assistance deemed necessary. RECEIVED AND FILED NO. 2 STATE OF EMERGENCY 11/01/2006 The State of Emergency declared in the City of Buffalo on October 13, 2006 at 4:30 a.m., October 18, 2006, October 23, 2006, and October 28, 2006, is hereby extended as of November 1,2006 pursuant to Section 24 of the New York State Executive Law. This State of Emergency has been declared due to hazardous conditions that remain from the storm of October 12, 2006 This situation continues to threaten the public safety. This State of Emergency will remain in effect until rescinded by a subsequent order. As the Mayor of the City of Buffalo, I, Byron W. Brown, exercise the authority given me under section 24 of the New York State Executive Law, to preserve the public safety and hereby render all required and available assistance vital to the security, well being, and health of the citizens of this City. I hereby direct all departments and agencies of the City of Buffalo to take whatever steps necessary to protect life and property, public infrastructure, and provide such emergency assistance deemed necessary. RECEIVED AND FILED NO. 3 STATE OF EMERGENCY 11/05/2006 The State of Emergency declared in the City of Buffalo on October 13, 2006 at 4:30 a.m., October 18, 2006, October 23, 2006, October 28, 2006, and November 1, 2006 is hereby extended as of November 5, 2006 pursuant to Section 24 of the New York State Executive Law. This State of Emergency has been declared due to hazardous conditions that remain from the storm of October 12, 2006 This situation continues to threaten the public safety. This State of Emergency will remain in effect until rescinded by a subsequent order. As the Mayor of the City of Buffalo, I, Byron W. Brown, exercise the authority given me under section 24 of the New York State Executive Law, to preserve the public safety and hereby render all required and available assistance vital to the security, well being, and health of the citizens of this City. I hereby direct all departments and agencies of the City of Buffalo to take whatever steps necessary to protect life and property, public infrastructure, and provide such emergency assistance deemed necessary. RECEIVED AND FILED NO. 4 2007 CAPITAL BUDGET RECOMMENDATIONS & FIVE YEAR PLAN I hereby submit my recommendation for a City of Buffalo 2007 Capital Improvement Program and Five Year Plan. Based upon the recommendations of the Comptrollers Office, the 2007 recommended Capital Budget consists of funding in the amount of $23 million for City projects and an additional $6 million for Buffalo Public Schools projects. In recommending individual expenditures, my administration has thoroughly reviewed the recommendations of the Citizens Planning Council (CPC). The capital projects in my recommended budget are as follows: 1.ADA Improvements (Buffalo Public Schools) 1,926,000 2. Computers & Technology (Buffalo Public Schools) 3,325,000 3. Oil Tank Improvements (Buffalo Public Schools) 749,000 BUFFALO PUBLIC SCHOOLS TOTAL $6,000,000 4. Purchase Fire Apparatus (Fire) 1,563,270 5. Demolition of Buildings /Structures (Emergency) (Permits & Inspection) 1,000,952 6. City Hall: Fire Alarm System (Public Works) 1,070,000 7. City Court: Fire Alarm System (Public Works) 535,000 8. Vehicle Purchase - Streets Division (Public Works) 647,350 9. Returning Cars to Main Street- Phase 1 (Public Works) 401,250 10. Michigan Ave. Streetscape Improvements (Public Works) 107,000 11. Shea's: Reconstruct Air Conditioning System (Public Works) 321,000 12. Bailey Genesee Fire Station (Public Works) 3,745,000 13. Grider Street Reconstruction (Public Works) 315,650 14. Kenmore Ave. Paving and Streetscape Improvements (Public Works) 313,510 15. Niagara St. Gateway Project (Public Works) 90,201 16. Porter Ave. Observation Point and Streetscape Impr (Public Works) 96,300 17. Buffalo Medical Campus Streetscape (Public Works) 214,000 18. Fargo Ave. /DYouville College Streetscape and Traff (Public Works) 107,000 19. Citywide Arterial Pavement Milling and Resurfacing (Public Works) 112,350 20. Emergency Bridge Repairs (Public Works) 428,000 21. Reconstruction of Main Street (Public Works) 892,541 22. Construction Arena Streets (Public Works) 324,692 23. Citywide Infrastructure Repair /Replacement (Public Works) 3,792,570 24. Citywide Parks Improvements (Public Works) 1,070,000 25. City Hall Reconstruction (Public Works) 2,140,000 26. E District off Street Parking (Public Works) 53,500 27. Bailey Kensington Fire Station (Public Works) 267,500 28. Exterior Stone & Facing Repair (Public Works) 85,600 29. Clean and Seal (Public Works) 192,600 30. Phase 1 - Plumbing Upgrade (Public Works) 107,000 31. Kleinhans: Electrical Capability Upgrade (Public Works) 100,045 32. Police Garage CarWash (Public Works) 124,120 33. New Street Garage (Public Works) 267,500 34. NW Community Center: Air Conditioning (Public Works) 160,500 35.60 Hedley Place (Public Works) 321,000 36. Riverside Library: Reconstruct Air Conditioning (Public Works) 53,500 37. City Trees - removal & plantings (Public Works) 267,500 38. Sycamore Village Infrastructure (Strategic Planning) 1,712,000 CITY OF BUFFALO TOTAL $23,000,000 TOTAL $29,000,000 REFERRED TO THE SPECIAL COMMITTEE ON BUDGET FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE DIVISION OF CITIZEN SERVICES NO. 6 BUFFALO WEED AND SEED SAFE HAVEN SS. COLUMBA - BRIGID TEEN CENTER This is to advise the Honorable Common Council that funds for a Buffalo Weed and Seed Safe Haven, The Saint Columba- Brigid Teen Center located at 418 N. Division St., in the amount of $15,000 to support upgrading their computer lab has been awarded through The NYS Division of Criminal Justice Services, Bureau of Justice Funding - Byrne Justice Assistance (JAG); as per agreement these funds will be directed to the Ss. Columba- Brigid Teen Center. The Teen Center was established to reach out to neighborhood youth and provide activities that would enable them to interact with each other in a building safe from drugs and violent behavior while promoting a positive atmosphere in the neighborhood. The Teen Center has been actively running programming since June 1999 and was the vision of the late Sister Karen Klimczak. Effective, this year, an interfund cash loan will no longer be available for this grant. Money will be drawn down as expenses are incurred and invoices will be paid, as the funds become available. These funds will be used to conform to the guidelines of the grant specified by the N.Y.S. Division of Criminal Justice Services, Bureau of Justice Funding. Mr. Bonifacio moved: That the above communication from the Division of Citizens Service dated November 1, 2006, be received and filed; and That the Director of Citizens Service, through the NYS Division of Criminal Justice Services, Bureau of Justice Funding - Byrne Justice Assistance be, and they hereby are authorized on behalf of a Buffalo Weed and Seed Safe Haven, The Saint Columba- Brigid Teen Center located at 418 N. Division Street in the amount of $15,000. PASSED AYES - 8 .NOES - 0 FROM THE CITY PLANNING BOARD NO. 6 OAK STREET REDEVELOPMENT URP AMENDMENT PLANNING BOARD APPROVAL The City Planning Board at it's meeting on October 24, 2006 adopted the following Amendment to the Oak Street Urban Renewal Plan. Mrs. Hoyt offered the resolution seconded by Mr. Gioia and moved for its adoption: We, the duly appointed members of the City of Buffalo Planning Board, acting in accordance with Section 504, Article 15 of the General Municipal Law of New York State, do this 24th day of October 2006 adopt the following resolution: WHEREAS, the Office of Strategic Planning has recommended that the Oak Street Redevelopment Urban Renewal Plan Amendment, consisting of Parcel 8A1 and 8A2 (known as 45 Carlton Street) land use designation be changed from Residential Medium Density to Hospital and Medical Services; WHEREAS, the amendment will provide new economic development and job opportunities to the community and will aid in the stabilization of local property tax rolls and provide a framework for public and private reinvestment within the area; and WHEREAS, the Oak Street Redevelopment Urban Renewal Plan provides for the systematic, long term, revitalization of the project area; and WHEREAS, a public hearing on the matter was held upon due notice before the City Planning Board in City Hall Room 901 on Tuesday, October 24, 2006 at 8:15 a.m., at which the proposed site amendment was presented and explained in detail, and those desiring to be heard were heard, NOW THEREFORE BE IT RESOLVED, that we the duly appointed members of the City Planning Board of and for the City of Buffalo, do hereby report to the Common Council and certify our unqualified approval of the Amendment of the above described Oak Street Redevelopment Urban Renewal Plan Project, as defined in Subdivision 3 of Section 502, Article 15 of the New York State Municipal Law. AYES: Messrs. Manuele, Gioia, Burns & Morrell Ms. Hoyt NAYS: None ABSENT Mrs. Schwartz, Mr. Lyons REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE OFFICE OF STRATEGIC PLANNING NO. 7 BNRC AUDITED FINANCIAL STATEMENTS Your Honorable Body has requested information regarding the status of audits for the Buffalo Neighborhood Revitalization Corporation for the period 6/30/01, 6/30/02, 6/30/04 and 6/30/05. Enclosed please audited financial statements for the fiscal year ending June 2001 and June 2002. The financial statements for the periods ending June 2003, 2004 and 2005 will be provided no later than December 18,2006. REFERRED TO THE COMMITTEE ON FINANCE NO. 8 SEQR LEAD AGENCY DESIGNATION DOWNTOWN URBAN RENEWAL PLAN PHASE I - AMENDMENT Please be advised, prior to the implementation of the above - referenced project, the requirements of the New York State Environmental Quality Review Act (SEAR) must be satisfied The project, as defined under SEAR, is an "Ulisted Action" for which a coordinated review should be conducted. As per Section 617.6 of the regulations an agency responsible for determining the effect of this project on the environment must be designated from among the involved agencies within 30 calendar days of this letter. The Buffalo Urban Renewal Agency (BURA) proposes to assume the Lead Agency status for this action. The project Environmental Assessment Form is enclosed for your review. If the Council has no objection to the designation of BURA as Lead Agency please inform my office within the 30 day period. Mr. Bonifacio moved: That the communication from the Office of Strategic Planning, dated November 2, 2006, be received and filed; and That the Common Council does hereby adopt the Findings Statement for the Downtown Urban Renewal Plan Phase I - Amendment in accordance with Article 8 of the Environmental Conservation Law (SEQRA) and 6 N.Y.C.R.R. Part 617. PASSED AYES - 8 NOES -0 NO. 9 RESCIND SALE 2018 BAILEY AVENUE ITEM # 101, C.C.P. MAY 3, 2005 In the above referenced item Your Honorable Body authorized the sale of 2018 Bailey Avenue to Mr. Yasmin Shah, 2021 Bailey Avenue, Buffalo, New York 14211 in the amount of Seven Thousand Nine Hundred Dollars ($7,900.00). Several notices have been mailed to Mr. Shah requesting to schedule an appointment to close on 2018 Bailey Avenue. Final notice was sent stating failure to respond would result in the sale be rescinded and deposit forfeited. This office received no response. Therefore, this office is recommending the Common Council approve to rescind the sale, forfeit the deposit of Seven Hundred Ninety Dollars ($790) and the property be returned to our inventory. Mr. Bonifacio moved: That the communication from the Department of Strategic Planning, dated October 26, 2006, be received and filed; and That the Executive Director of Strategic Planning be, and he hereby is authorized to rescind the sale of 2018 Bailey Avenue, and forfeit the deposit in the amount of seven hundred and ninety dollars ($790.00) and to return the property to inventory for resale. PASSED AYES - 8 NOES -0 NO. 10 RESCIND SALE 31, 35 & 37 HOWARD STREET ITEM # 117, C.C.P. APRIL 4, 2006 In the above referenced item Your Honorable Body authorized the sale of 31, 35 and 37 Howard Street to Ms. Laurletha Jackson, 193 Howard Street, Buffalo, New York 14206 in the amount of Six Thousand One Hundred Dollars ($6,100.00). Second and final notice was mailed on August 29, 2006 to Ms. Jackson requesting to schedule an appointment to close on 31,35 and 37 Howard Street. Failure to respond would result in the sale be rescinded and deposit forfeited. This office received no response. Therefore, this office is recommending the Common Council approve to rescind the sale, forfeit the deposit of Six Hundred Ten Dollars ($610.) and the property be returned to our inventory. Mr. Bonifacio moved: That the communication from the Department of Strategic Planning, dated October 26, 2006, be received and filed; and That the Executive Director of Strategic Planning be, and he hereby is authorized to rescind the sales of 31, 35 & 37 Howard Street, and forfeit the deposit in the amount of six hundred and ten dollars ($610.00) and to return the property to inventory for resale. PASSED AYES - 8 NOES -0 NO. 11 RESCIND SALE 918 MAIN STREET ITEM # 12, C.C.P. FEBRUARY 8, 2005 In the above referenced item Your Honorable Body approved the sale of 918 Main Street to Mr. Robert Wulbrecht, 60 Indian Trail Road, Williamsville, New York 14221 in the amount of Fourteen Thousand Three Hundred Dollars ($14,300). Mr. Wulbrecht passed away this past August. The sale was contingent upon Mr. Wulbrecht obtaining the required building permits for the repair /rehabilitation of the building for mixed use. Mr. Wulbrecht was unable to obtain the required building permits, due to lack of required fire exits for the proposed reconstruction of the building. We have received a request from the estate of Robert Wulbrecht for a refund of the down payment that was received by the City in the amount of One Thousand Four Hundred Thirty Dollars ($1,430.00) Therefore, this office is recommending that Your Honorable Body rescind the sale of 918 Main Street to Mr. Robert Wulbrecht, authorize the return of the down payment to the Estate of Robert Wulbrecht and return the property to our inventory for sale. Mr. Bonifacio moved: That the communication from the Department of Strategic Planning, dated November 8, 2006, be received and filed; and That the Executive Director of Strategic Planning be, and he hereby is authorized to rescind the sale of 918 Main Street to Mr. Robert Wulbrecht, and authorizes the return of the down payment to the Estate of Robert Wulbrecht in the amount of one thousand four hundred and thirty dollars ($1,430.00) and to return the property to inventory for resale. PASSED AYES - 8 NOES -0 NO. 12 UTILITY EASEMENT AGREEMENT NIAGARA MOHAWK POWER CORPORATION FOR USE OF 32 CEDAR - SCHOOL NO. 32 ELLICOTT DISTRICT The Office of Strategic Planning, Division of Real Estate, has received the attached easement agreement from National Grid. They are requesting this easement in order to relocate their electric distribution facilities required to provide new electric service to School No. 32 located at 32 Cedar, as described in the attached proposed easement "Exhibit A ". This office has contacted the Department of Public Works and the Land Use Planning Committee and they have no objections to this easement. We are recommending that Your Honorable Body approve the attached easement agreement. I am further recommending that the Corporation Counsel's Office review said agreement for their approval as to form and that Your Honorable Body authorizes the Mayor to execute the same. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL FROM THE COMPTROLLER NO. 13 FIRST QUARTER GAP We have reviewed the Administration's first quarter Gap report and are filing our review and summation as required under the City's Charter. It is our opinion that the first quarter Gap report fairly and reasonably represents the City's revenues and expenditures. On a budgetary basis, the Gap reports a surplus of $7.06 million. This surplus assumes the use of fund balance of $7.1 million. In addition, we note that the Administration is optimistic in their projection of personal service costs given the time remaining in the fiscal year. We still concur, however, on a GAAP basis, that the surplus estimate is reasonable based on the current available information. REFERRED TO THE COMMITTEE ON BUDGET NO. 14 HICKORY WOODS VALUE PROTECTION PLAN Dear Mr. Palumbo, The Buffalo Common Council has approved a resolution asking me to inspect and copy the books and records of Steelfields Ltd., pertaining to the Value Protection Plan that has been established for the residents of Hickory Woods. I have been advised that you are the representative of record for Steelfields and therefore I am requesting that you provide my office with the information from Steelfields pertaining to the Value Protection Plan for Hickory Woods for the purposes of my review. If you have any questions about this matter, please contact my office immediately. My point person on this issue is Tony Farina (716- 851 - 5255). Thank you in advance for your consideration on this matter. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF ECONOMIC DEVELOPMENT, PERMITS AND INSPECTIONS FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 15 BOARD OF ASSESSMENT REVIEW APPOINTMENT, PERMANENT MEMBER The appointment to the Board of Assessment Review of Richard S. Abrahamson, 117 Norwood Avenue, Buffalo, New York 14211 expired on September 30, 2006. Mr. Abrahamson was appointed last year to complete the unexpired term of the late Henry Osinski. By state provision, a Board of Assessment Review member whose term has expired may not participate in board actions and may not be considered for purposes of determining a quorum. Any new or reappointed member must receive training from the Erie County Director of Real Property Services and be certified to New York State before assuming the duties of a board member. Therefore, I am respectfully requesting the Common Council reappoint Mr. Abrahamson to an additional five (5) year term as soon as possible so that the required State training can occur before commencement of hearings. Mr. Bonifacio moved: That the above communication from the Department of Assessment & Taxation dated November 8, 2006, be received and filed; and That the appointment of Richard S. Abrahamson, residing at 117 Norwood Avenue as a member of the Board of Assessment Review for an additional five (5) year term, be and it hereby is approved. PASSED AYES - 8 NOES -0 NO. 16 R. FONTANA -VACANT LOTS BEING CHARGED A USER FEE ITEM 111, CCP 10/31/06 This is in response to Councilmember Fontana's Resolution regarding vacant lots being charged a User Fee which was referred to the Department of Assessment and Taxation for response. Although referred to the Department of Assessment and Taxation, we are not charged with the duties of levying the User Fee charge which is under the purview of the Department of Public Works, Parks & Streets. However, according to our records, the total number of vacant lots in the City of Buffalo is 14,780, of which 5,321 are City -owned and 9,459 are privately owned. RECEIVED AND FILED NO. 17 TEMPORARY APPOINTMENTS TO BOARD OF ASSESSMENT REVIEW I am respectfully requesting the appointment of at least two (2) temporary members to the Board of Assessment Review (BAR) to serve no more than twenty days as needed during the time period of January 2007 to mid February 2007. The Department of Assessment and Taxation is preparing contingencies should it prove to be necessary to supplement the existing permanent board for the upcoming assessment challenge period. Two temporary boardmembers working in conjunction with the five permanent members will allow this office to establish two mini - boards should it be necessary and would also guarantee a quorum for the BAR during the absence of any permanent members. We are hopeful that assessment challenges this year will be no more than last year, but there is no way to predict the challenge numbers nor the frequency of member absences. Additionally state law requires that temporary members receive training by the Erie County Director of Real Property Services prior to serving. Early approval of temporary members allows for their state required training with the regular BAR training and makes the temporary members available for service at a moments notice without impeding the review process. In the past the Common Council encountered difficulty securing individuals willing to devote the time and effort to BAR membership and therefore I would suggest contacting the Mayors Office for names of individuals willing to make the commitment. As I have stated in the past it is imperative to maintain the integrity of the Board of Assessment Review, the Department of Assessment and Taxation and the City of Buffalo by the appointment of individuals with irreproachable character to assure the property owners appearing before the BAR that they will receive a fair and equitable hearing. RECEIVED AND FILED. FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 18 ABBY ST. EXTENSION NORTH OF TIFFT ST. N.Y. STATE MULTI MODAL GRANT PIN #5ME017.30A Our department has been awarded a N.Y. State Multi Modal Grant in the amount of $1,000,000 for design, construction and engineering inspection of the Abby St. extension north of Tifft St. This project is necessary to provide access to the Steelfields redevelopment area, which includes the new HydroAir manufacturing facility. Permission is requested from Your Honorable Body to authorize our department to enter into any necessary agreements with N.Y. State to execute the Multi Modal Grant. The Abby St. extension is currently under construction by a partnership between Krog Corporation and HyrdoAir The engineering design was approved by our department and the work is being inspected by Parsons, an engineering consultant firm hired under a term contract with the City. As a final step in the construction and development process, permission is also requested for our department to reimburse the Krog Corporation /HydroAir for construction of the Abby St. extension with the Multi Modal Grant funds. All work is being done in accordance with N.Y State /City specifications and laws. All payment requests will be certified by Parsons to the City prior to any reimbursements being made. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated November 9, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to enter into any necessary agreements with New York State to execute the Multi Modal Grant PIN #5ME017.30A in the amount of $1,000,000. PASSED. AYES -8. NOES -0. NO. 19 BABCOCK ST. BRIDGE EMERGENCY REPAIRS SENECA ST. TO CLINTON ST. BIN #2260420 As a result of annual bridge inspection by NYSDOT, the Babcock St. Bridge between Seneca and Clinton Streets was closed on 10/16/06 due to structural deficiencies. As a result, the project engineering consultant (Clough Harbour and Associates) has prepared plans and specifications for emergency repairs to the structure. Permission is requested from Your Honorable Body for our department to solicit emergency bids and award a contract to make the necessary repairs. Total costs for the work are not expected to exceed $20,000 and funds are available in our Capital Project Accounts #39311106, 300332106. Upon completion in 2 -3 weeks the bridge will be reopened to traffic but will remain restricted to a 16 -ton limit, as it has been since 1997. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated November 13, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to solicit emergency bids and award a contract to make repairs at the Babcock Street Bridge between Seneca and Clinton Streets. PASSED. AYES -8. NOES -0. NO. 20 FIRE ENGINE #36, 1612 CLINTON ROOF RECONSTRUCTION JOB #0626 FILLMORE DISTRICT I advertised for on October 3, 2006 and received the following formal proposals for Fire Engine #35, Roof Reconstruction, on November 3, 2006. Progressive Roofing, Inc. $92,400.00 331 Grote, Buffalo, NY Grove Roofing $108,600.00 131 Reading, Buffalo, NY Jos. A. Sanders & Sons $113,825.00 99 -117 Lathrop, Buffalo, NY Jameson Roofing Co. $124,776.00 106 Evans, Hamburg, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Progressive Roofing, Inc., with a bid of Ninety Two Thousand Four Hundred and 00/100 Dollars ($92,400.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. Funds for this project are available in 39320406 445100 - Division of Buildings. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated November 3, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Fire Engine #35, Roof Reconstruction, to Progressive Roofing, Inc., the lowest responsible bidder, in the amount of $92,400.00. Funds for the project are available in 39320406 445100 - Division of Buildings. PASSED. AYES -8. NOES -0. NO. 21 PERMISSION TO ENTER INTO AGREEMENTS W /NYSDOT PROVIDE MATCHING FUNDS MICHIGAN AVENUE CORRIDOR REHABILITATION BROADWAY TO GOODELL ST. PIN #6767.63 Permission is requested from Your Honorable Body to authorize the Mayor of the City of Buffalo to enter into all necessary agreements with the New York State Department of Transportation (NYSDOT) to administer, design, bid and construct the Michigan Avenue Corridor Rehabilitation. This project involves curbing, sidewalk, paving, concrete crosswalks and street lighting from Broadway to Goodell St. It is basically a continuation of streetscape improvements previously completed by our department between Broadway and William St. in the vicinity of the Jesse Nash House. In addition, permission is requested for the City to hire an engineering consultant and commit funding necessary for first instance costs and all related Federal and Non - Federal shares of project costs. The City of Buffalo's share of costs for this project is anticipated to be 5 %. Costs estimates for the work, including engineering costs are $2 million dollars and the City's share of costs will be available in our Capital Account for Local Match Reserve. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated November 9, 2006, be received and filed; and That the Mayor be, and he hereby is authorized to enter into all necessary agreements with the New York State Department of Transportation to administer, design, bid and construct the Michigan Avenue Corridor Rehabilitation. That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to hire an engineering consultant and commit funding necessary for first instance costs and all related Federal and Non - Federal shares of project costs. The City's share of costs will be available in our Capital Account for Local Match Reserve. PASSED. AYES -8. NOES -0. NO. 22 PREVENT CUTTING DOWN OF HEALTHY TREES ITEM NO. 116, C.C.P. 10/31/06 The referenced item was referred to this department for comment. After the October 12, 2006 storm this department contracted with Phillips & Jordan Inc. and Asplundh Tree Services to assist in tree trimming and debris removal. These companies subcontract some work to Terry Tree Services, Lewis Tree Services, and several other qualified companies. In the first few days after the storm, City employees from the Department of Public Works, Parks and Streets, and the Department of Economic Development, Permit and Inspection Services monitored contractor activity. During this time, trained arborists, who were previously retained by this department, were available to train our employees and to assist them in appropriate decision making. Subsequently, this department retained the services of Malcolm Pirnie to provide the FEMA required monitoring service. Our arborists also trained these monitors. Our current practice is to only cut down trees that may be dangerous to adjacent properties or pose a threat to human life or well- being. One of our arborists, or the Commissioner of Public Works, must approve the removal of any tree, and they must provide a reason for the decision. On November 9, 2006, FEMA, the New York State DEC, and the County of Erie will be conducting training sessions to help make the decisions on when it is appropriate to remove a tree. This training will be in accordance with FEMA policy. Several City personnel, along with our contracted arborist, will take part in this training. After completion of the training, we will reassess our procedures. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 23 130 SOUTH ELMWOOD, NIAGARA CENTER This is in response to the subject item, which was referred to our department for review and comment. This issue of vehicles exiting the new ramp was brought to our attention when it was first opened for business. At that time several parking meters were removed and parking signs were revised to provide better visibility for traffic exiting the ramp. The existing traffic signal at Niagara /Georgia /Huron currently operates in a flashing pedestrian mode. It changes to a standard red - yellow -green operation when a pedestrian wishes to cross Niagara St. pushes a button on either side of the street. The operation is considered to be proper by our department due to the minimal traffic volumes on one -way westbound Georgia St. Be advised that the section of Niagara St. from the Virginia /Carolina interchange to Niagara Square is slated for improvements as part of a Federally funded Erie /Niagara County Transportation Improvement Program (T.I.P.). The project title is the Niagara St. Gateway and the project identification number (PIN) is 5757.14. an engineering consultant has been retained to design the work and as part of the process a complete traffic and safety study will be done in accordance with FHWNNYSDOT standards. Our department will continue to monitor conditions in this area and advise Your Honorable Body of results generated by the design process. RECEIVED AND FILED. NO. 24 D. THOMPSON - CHAPTER 96 OF THE CODE OF THE CITY OF BUFFALO ITEM NO. 69, C.C.P. 10/31/06 The referenced item was sent to this department for comment. The section of Chapter 96, which deals with the requirement for an apprenticeship program, does not require prospective bidders to have their apprenticeship program prequalified in order to submit a bid for City work. RECEIVED AND FILED. NO. 26 VACANT LOTS BEING CHARGED A USER FEE ITEM NO. 111, C.C.P. OF 10/31/06 The referenced item was sent to this office for comment. User Fee charges are assessed to vacant lots because owners of those lots are allowed to place trash in the same manner as other occupied parcels. They are charged a different rate because they do not receive tote service. Although I do not recommend any changes to the user fee charges, it is the Common Council's prerogative to remove this fee, but such an action may result in an imbalanced budget that may require raising other user fees. In addition, should this fee be eliminated, any owner of a vacant lot where trash was placed would be subject to a fine in accordance with our ordinances. REFERRED TO THE COMMITTEE ON FINANCE. NO. 26 CERTIFICATE OF APPOINTMENT Appointment Effective 11/6/06 in the Department of Public Works, Parks and Streets, Division of Buildings, to the position of Senior First Class Stationary Engineer, Permanent, Non - Competitive, at the maximum starting salary of $37,213. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Gregory Morcio 102 S. Pierce St. Buffalo, NY 14206 FROM THE COMMISSIONER OF POLICE NO. 27 DRUG ASSET FORFEITURE WIRE TRANSFERS ITEM NO. 104, C.C.P. 2/2/88 06 -DEA- 466128 C2 -06 -0800 $ 1,718.89 06-FBI-000609 U SC3110060004 1,009.64 06 -D EA- 468257 C2 -06 -0103 2,354.89 06 -D EA- 468098 C2 -06 -0101 2,981.89 06 -D EA- 467466 C2 -06 -0095 794.31 06 -D EA- 467707 C2 -06 -0049 3,506.67 06 -D EA- 464867 C2 -06 -0066 1,222.69 06 -D EA- 464886 C2 -06 -0068 1,308.14 06 -D EA- 465084 C2 -06 -0071 1,995.49 TOTAL $16,892.61 The Drug Enforcement Administration (DEA) has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000- 389001. These funds will be placed into one or more of the following accounts as deemed by the Commissioner of Police: Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624. RECEIVED AND FILED y :IQ VA &9:I=11115K61N161MAI15C0 NO. 28 CERTIORARI PROCEEDINGS RANDALL BENDERSON 1993 -1 TRUST. 333 AMHERST STREET This is to advise that the owner, Randall Benderson 1993 -1 Trust, instituted certiorari proceedings on 333 Amherst Street, Buffalo, New York, regarding the assessments for fiscal year 2006 -2007. The assessment was reviewed by the Department of Assessment and Taxation and the owner expressed a willingness to settle the proceedings. The final assessment for fiscal years 2006 -2007 was $4,417,000 for each year. The owner is agreeable to a settlement, which would result in a reduction to $4,267,000 for the 2006 -07 tax year on 333 Amherst Street. The Trust is a sub - tenant of an outparcel on premises leased by Tops Markets, Inc. from Benderson Development of New York City. Benderson is not related to Benderson. As a sub tenant liable for the taxes on the real property Benderson is entitled to bring a separate certiorari proceeding to challenge the taxes on the property. The outparcel consists of a building divided into retail stores held out for lease. The Department of Taxation and Assessment reviewed the assessment of the property based upon current market rents in the area in which the property is located. Based upon market rents for such properties the Department concluded that the property was over - assessed on a square foot basis and recommended that the proceeding be settled. The Department of Law concurs in this settlement. The proposed settlement is subject to approval by Your Honorable Body. I therefore request that the Corporation Counsel be authorized to settle the 2006 -2007 certiorari proceedings on 333 Amherst Street by reducing the 2006 -2007 assessment from $4,417,000 to $4,267,000. RECEIVED AND FILED. NO. 29 AMENDMENT TO LIVING WAGE ORDINANCE Your Honorable Body has asked our office to prepare an ordinance amendment to the Living Wage ordinance providing for a cost of living adjustment that would also be applicable to the City's seasonal workforce. Given the legal complexities of this issue, primarily the potential impact of the BFSA wage freeze, it is appropriate that our office conduct a thorough review, which has begun. We also wish to discuss this matter with counsel for BFSA. As our office has not completed our review process, we are unable to approve as to form the requested ordinance amendment at this time. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 30 DEED RELATED TO KLEINHANS MUSIC HALL Per Chairman Davis' request at the last Finance meeting, enclosed please find the deed pertaining to Kleinhans Music Hall. RECEIVED AND FILED. NO. 31 CITY PLANNING BOARD APPOINTMENT PROCESS At the last Community Development committee meeting, Council President Franzcyk requested the process by which members are appointed to the City Planning Board. Please be advised that Article 18 of the City Charter reads as follows: Subject to the confirmation by the council, the mayor shall appoint seven qualified electors of the city of Buffalo to constitute the city planning board. Of the members first appointed two shall be appointed for a term of one year, two for a term of two years, and three for a term of three years, as may be designated by the mayor. At the expiration of each term, the term of office of each successor shall be three years. Vacancies in the board shall be likewise filled for the unexpired portion of such term. The mayor shall designate from among the members a chairman and he may from time to time change such designation. The mayor may at any time remove any member for reasons stated in writing, after an opportunity to be heard. The members of the board shall serve without compensation. RECEIVED AND FILED. NO. 32 UTILITY EASEMENT AGREEMENT, NIAGARA MOHAWK POWER CORPORATION FOR USE OF 2827 MAIN STREET - SCHOOL NO. 200 MASTEN DISTRICT COM 8, CCP OCTOBER 3, 2006 The law department has reviewed the proposed utility easement submitted to the Common Council for consideration by the Office of Strategic Planning regarding Niagara Mohawk's request for use of 2827 Main Street. Our office would recommend approval contingent on the attached Utility Easement Rider also being included. RECEIVED AND FILED. NO. 33 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF BUFFALO AND BOARD OF EDUCATION RELATIVE TO ASSIGNING ADDITIONAL POLICE CHIEF TO ASSIST WITH POLICING EFFORTS IN AND AROUND SCHOOLS Your Honorable Body upon approving a local law amending the Charter to provide for a seventh Chief of Police, asked the Corporation Counsel to prepare a Memorandum of Understanding • (MOU) memorializing the commitments made by the Mayor and the Buffalo Board of Education as to this position. Attached, for your information, please find a MOU executed by Mayor Brown and Dr. Williams as you requested. RECEIVED AND FILED. FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 34 FOOD STORE LICENSE- 550 TONAWANDA (NORTH) 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 550 Tonawanda and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Bonifacio moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated November 9, 2006, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Adnan Abduslaid, located at 550 Tonawanda. PASSED. AYES -8. NOES -0. NO. 35 SECOND HAND DEALER 2658 DELAWARE (DELAWARE) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 2658 Delaware. 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 Steve Morgan. The attached thereto for Steve Morgan d /b /a EB Games #4665 . This request is submitted for your approval or whatever action you deem appropriate. Mr. Bonifacio moved: That the second hand dealer license application of Steven Morgan for 2658 Delaware is hereby approved PASSED AYES -8. NOES -0. NO. 36 USED CAR DEALER 1279 GENESEE (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 1279 Genesee. 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 John Walsh. The attached thereto for John Walsh. d /b /a Pit Stop Auto. This request is submitted for your approval or whatever action you deem appropriate. Mr. Bonifacio moved: That the used car dealer license application of John Walsh for 1279 Genesee Street is hereby approved. PASSED AYES -8. NOES -0. NO. 37 USED CAR DEALER 771 MILITARY (NORTH) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 771 Military and find that as to form is correct. 1 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 Scott Fuchs & Yefim Kriegel. The attached thereto for Scott Fuchs & Yefim Krigel. d /b /a Ideal Auto Center Inc. This request is submitted for your approval or whatever action you deem appropriate. Mr. Bonifacio moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated November 2, 2006, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services Permit be, and he hereby is authorized to grant a Used Car Dealer license to Scott Fuchs & Yefim Kriegel d /b /a Ideal Auto Center, Inc., located at 771 Military. PASSED. AYES -8. NOES -0. NO. 38 USED CAR DEALER 609 WALDEN (LOVEJOY) 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 609 Walden Ave. 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 Paul Zolnowski. The attached thereto for Paul Zolnowski. d /b /a National Auto Sales. This request is submitted for your approval or whatever action you deem appropriate. Mr. Bonifacio moved That the used car dealer license application for Paul Zolnowski for 609 Walden is hereby approved PASSED AYES - 8 NOES -0 FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE & URBAN AFFAIRS NO. 39 2006 -2007 FIRST QUARTER GAP SHEETS City of Buffalo, Buffalo Public Schools, Buffalo Urban Renewal Agency, Buffalo Municipal Housing Authority and Joint Schools Construction Board November 1, 2006 Available for review in The City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON BUDGET NO. 40 DISASTER RELIEF FUNDS The City of Buffalo has requested and received an approval from FEMA for a Federal. Public Assistance grant in association with the severe snowstorm October 12 -13, 2006.The original amount submittedwasfor.$36 million. Per the Commissioner of Public Works, this grant amount may increase to $40 million due to the large amount of debris removal. In addition, we have requested and received approval for Immediate Needs Funding in the amount of $14 million. This provides funding for payment of work that is being performed immediately: We are requesting, approval, of this Federal Public Assistance grant to provide the necessary funding and cash flow to cover the Costs associated with recovery from the disaster. Mr. Bonifacio moved That the Department of Public Works is hereby authorized to accept a Federal Public assistance grant in accordance with the terms as set forth in the attached communication PASSED AYES - 8 NOES -0 NO. 41 LIVING WAGE PROPOSAL C.C.P. #58 10/3/2006 In response to your questions concerning Living Wage Amendment; The amount of money allocated to the seasonal lines would not be increased. This would mean that there would be fewer employees hired, fewer hours worked or a combination of both. All of the City full time salaries are above the rate of $9.59 / hour so there would not be an impact for full time employees. Our part time Crossing Guards are currently paid $7.09 - $8.25 per hour with health care benefits. An important issue to consider is that an increase in salary would be a violation of the Buffalo Fiscal Control Board resolution 04 -35, which states that there is a freeze with respect to all wages, wage rates and salary amounts for all employees of the City. This includes all full time and part time positions. Currently the seasonal employees that are active on the payroll are: 159 Crossing Guards 286 Various Interns 63 Laborer II 4 Clerk 5 Senior 1 st Class Stationary Engineers (will increase to approximately 60 during the heating season) 2 Senior Citizen Aide 3 Bridge Operating Engineer REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING NO. 42 QUARTERLY REPORTS ON HOPWA OPPORTUNITIES FOR PEOPLE WITH AIDS ( HOPWA) GRANT RECIPIENTS Attached please find reports for Housing Opportunities for People with Aids ( HOPWA) grant recipients. These HOPWA reports are for the period May, 2006 through July, 2006. RECEIVED AND FILED a:16LTAIr9:I=11115d11 WLd44NN NO. 45 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: Assessment /Taxation: Carmen Bryant Public Works, Parks & Streets Bonieda Cascio, William Finnegan Fire Jimmie Pilcher Administration & Finance Madolyn Hansen -Hill RECEIVED AND FILED. NO. 43 AUTO ALLOWANCE I transmit herewith certificates of auto allowance submitted for the following individuals in the various departments listed below: Community Services -Betty Jean Grant, Contract Compliance Monitor RECEIVED AND FILED. NO. 44 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County alcohol Beverage Control Board. Address Business Name Owner's Name 3199 Main Street No Name Given Keith L. Herman 256 Allen Shepard Allen Properties Inc. Jason M. Shepard 228 Franklin St. Lindy Inc. Myst Elizabeth Audet 318 Pearl St. Betioko Holdings Inc. P. Kelleher, Agent 1239 Niagara Street No name given R. G. Hernandez, Agent 520 Elmwood LLC 520 Elmwood Ave. P. Kelleher, Agent RECEIVED AND FILED. NO. 45 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: Assessment /Taxation: Carmen Bryant Public Works, Parks & Streets Bonieda Cascio, William Finnegan Fire Jimmie Pilcher Administration & Finance Madolyn Hansen -Hill RECEIVED AND FILED. NO. 46 NOTICES OF APPOINTMENTS - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. DEPARTMENT OF ASSESSMENT & TAXATION Appointment Effective October 30, 2006 in the Department of Assessment and Taxation, to the position of Clerk - Seasonal, at the flat starting salary of $8.15/hr. Judy R. Smith 344 Humboldt Parkway Buffalo, NY 14214 DEPARTMENT OF PUBLIC WORKS, PARKS & STREETS Appointment Effective October 30, 2006 in the Department of Public Works, Parks and Streets, Division of Water, to the position of Water Service Worker, Seasonal. at the flat starting salary of $8.15/hr. Charles L. Davis Sr. 979 Northland Avenue Buffalo, NY 14215 NO. 47 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 PUBLIC WORKS, PARKS AND STREET Appointment Effective November 8, 2006 in the Department of Public Works, Parks and Streets, Division of Buildings, to the position of Senior First Class Stationary Engineer, Temporary, at the flat starting salary of $10.25/hr. Michael Schieber 168 Dundee St. Buffalo, NY 14220 Appointment Effective November 6, 2006 in the Department of Public Works, Parks and Streets, Division of Buildings, to the position of Senior First Class Stationary Engineer, Temporary, at the flat starting salary of $10.25/hr. Lawrence L. Doctor Jr. 29 Boone Street Buffalo, NY 14220 Appointment Effective November 5, 2006 in the Department of Public Works, Parks and Streets, Division of Buildings, to the position of Senior First Class Stationary Engineer, Temporary, at the flat starting salary of $10.25/hr. Edward D. Standish III 117 Imson St. Buffalo, NY 14210 Appointment Effective October 27, 2006 in the Department of Public Works, Parks and Streets, Division of Buildings, to the position of Senior First Class Stationary Engineer, Temporary, at the flat starting salary of $10.25/hr. Andrew Krawchuk 427 Forest Ave. Buffalo. NY 14213 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 48 LPCIMINELLI MEMORANDUM BOARD PACKET DOCUMENTS PROGRAM PACKAGING AND DEVELOPMENT SERVICES (PPDS) PROVIDER NOVEMBER 7, 2006 BOARD PACKET DOCUMENTS Attached are the following documents from the Joint Schools Construction Board meeting scheduled on November 6, 2006: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated October 2, 2006 3. Fully executed Phase II Application and Certificate for Payment No. 24 - September 2006 4. Phase II Application and Certificate for Payment No. 25 - October 2006 5. Program Packaging and Development Services (PPDS) Provider Update 6. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase II Project - September 2006 7. Career Path Update for JSCB meeting of October 5, 2006 8. Buffalo Niagara JOBS Initiative Update RECEIVED AND FILED N. 49 CITY COMPLIANCE COLA Dear Council Member Fontana: Thank you for the chance to address the Legislative Committee. There are two somewhat related Living Wage issues facing the City right now, and we would like to urge prompt action on both of them. City Compliance As noted in my memo of November 2, the City is currently violating the Living Wage Ordinance by failing to pay some of its workers a Living Wage. We first brought this to the City's attention on May 3, 2006. It would not be appropriate to delay action until the next budget, because this is a legal violation, not just a policy issue. If the City discovered that it was violating a similar worker protection law such as a minimum wage, safety, or discrimination law, the City would not wait until the next budget to remedy the situation, even if the remedy cost the City additional funds. Certainly, we would not allow a private employer to delay compliance until its next fiscal year. Surely, this is an area where the City wants to lead by example, and not ask private employers to do something that it is unwilling to do itself. We also urge you to approve our COLA amendment to the Living Wage Ordinance now, to take effect January 1, 2007. The Living Wage Commission recommended this amendment on July 12, 2006. As you know, the Living Wage rate has been stagnant since January 1, 2004 - stuck at a rate significantly lower than that of comparable cities such as Rochester, Syracuse, and Albany, all of which have automatic COLA provisions. The Commission recommended a calendar -year approach to the COLA because it is easier for private employers and employees. Acting now on the COLA will end the employers' uncertainty as to when and how much the City will adjust the Living Wage rate and give them time to prepare for the change. A COLA that is implemented on January 1, 2007, will have some impact on the City (assuming that the City comes into compliance with the Ordinance before then), but it will be a modest impact. For example, if 100 City workers working 2000 hours per year got a $0.62 COLA for the period from January 1 through June 30, 2007, the cost would be approximately $62,000. Adjusting the Ordinance with a COLA is the only way to prevent it from meeting the fate of the federal minimum wage: getting eroded by inflation until it no longer serves the purposes for which it was meant: keeping workers and their families out of poverty. The Living Wage Commission met this morning and approved a resolution calling on the Legislative Committee to act today to approve the COLA amendment and send it to the full Council for a vote. The Commission will be reporting to the public on the state of the Living Wage Ordinance on December 6, 2006, and we very much hope to report that the City taken action to keep the Ordinance relevant and effective. Thank you for listening to our concerns. Compliance Coordinator Living Wage Commission REFERRED TO THE COMMITTEE ON LEGISLATION. PETITIONS NO. 50 C. PALADINO, OWNER, USE 460 MAIN - PORTION OF THIRD FLOOR FOR A HUMAN SERVICE FACILITY (ELL) (PHONE #) (854 -0060) The attached is for Common Council Approval; but per Permits, no public hearing is required. REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD. NO. 51 COMPLAINTS POLICE IN RIVERSIDE PLEASE SIGN THIS PETITION IF YOU HAVE EVER HAD A PROBLEM WITH THE "BUFFALO POLICE DEPT." RESPONDING TO A CALL YOU MADE TO THEM, OR IF YOU FEEL THAT THE BUFFALO POLICE DEPT. DOES NOT PROPERLY PROTECT RIVERSIDE REFERRED TO THE COMMITTEE ON LEGISLATION THE COMMISSIONER OF POLICE AND EOC REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 52 APPTS.- DETECTIVE (CONT. PERM.) (MAX) (POL) (HRYNCZAK, ETC.) ( #22,10/31) That the above item be, and the same hereby is received and filed. ADOPTED NO. 53 APPTS.- DETECTIVE (CONT. PERM.) (MAX) (POL) (ROSS, ETC.) ( #23,10/31) That the above item be, and the same hereby is received and filed. ADOPTED NO. 54 APPTS.- DETECTIVE (PENN.) (MAX) (POL) (ROSS, ETC.) ( #24,10/31) That the above item be, and the same hereby is received and filed. ADOPTED NO. 55 APPTS.- DETECTIVE (PERM.) (MAX) (POL) (AHMED, ETC.) ( #25,10/31) That the above item be, and the same hereby is received and filed. ADOPTED NO. 56 APPOINTMENT REPORT TECHNICIAN (MAX) (POL) (ITEM NO. 26 -OCT. 31, 2006) That Communication 26, Oct. 31, 2006 be received and filed and the permanent appointment of Rene Granda stated above at the maximum starting salary of $30,213.00 effective on September 25, 2006 is hereby approved. PASSED AYES — 8 NOES - 0 NO. 57 APPOINTMENT PERSONNEL ASSISTANT (CIVIL SERVICE) (INTER) (HR) (ITEM NO. 38 -OCT. 31, 2006) That Communication 38, Oct. 31, 2006 be received and filed and the temporary appointment of Chantina Harris stated above at the intermediate starting salary of $29,380.00 effective on October 23, 2006 is hereby approved. PASSED AYES — 8 NOES - 0 NO. 58 REQ. FOR INFO.- EMERG. MED. SVS. COORDINATOR (HR) ( #37,10/31) That the above item be, and the same hereby is received and filed. ADOPTED NO. 59 NOTICES OFAPPT.- TEMP. /PROV. /PERM. (C. CLK.) (#43,10/31) That the above item be, and the same hereby is received and filed. ADOPTED. FINANCE (BRIAN C. DAVIS, CHAIRMAN) NO. 60 RE- EXAMINE AGMT. BETW. COB & EC -RE: FORESTRY DUTIES (# 180,7/25) That the above item be, and the same hereby is received and filed. ADOPTED. NO. 61 M. POLONEARZ -EC COMPT. -AUDIT OF COB PARKS DEPT. ( #93,9/5) That the above item be, and the same hereby is received and filed. ADOPTED. NO. 62 LEASE - KLEINHANS MUSIC HALL (ITEM NO. 21, C.C.P., SEPT. 19, 2006) (ITEM NO. 87, C.C.P., OCT. 3, 2006) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Davis moved: That the City of Buffalo is hereby authorized to extend its lease with the Kleinhans Music Hall Management Corporation for one year according to all previously authorized terms and conditions. That the Mayor be, and he hereby is authorized to execute an agreement as drafted by the Department of Public Works, Parks and Streets and Division of Real Estate. PASSED AYES - 8 NOES -0 NO. 63 UTILITY EASEMENT AGREEMENT - NIAGARA MOHAWK POWER CORPORATION - USE OF 2827 MAIN STREET - SCHOOL NO. 200 (ITEM NO. 8, C.C.P., OCT. 3, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Davis moved: That the Director of Real Estate be, and he hereby is authorized to enter into an easement agreement between the City and National Grid, for use of city -owned property located at 2827 Main Street, School No. 200 contingent on the Utility Easement Rider filed by the Corporation Counsel being included in the Easement Agreement. That the Corporation Counsel be, and she hereby is authorized to review said agreement for approval as to for and that the Mayor be authorized to execute the same. That item 25D accompany this item PASSED AYES - 8 NOES -0 NO. 64 BIDS -CITY WIDE SIDEWALK REPLACEMENT -2006 GROUP #658 ( #8,9/19) ( #84,10/3) (PW) ( #61,10/17) That the above item be the same and is hereby recommitted to the committee on Finance ADOPTED NO. 65 CERTIORARI PROCEEDINGS - 333 AMHERST - RANDALL BENDERSON 1993 -1 TRUST (ITEM NO. 12, C.C.P., OCT. 3, 2006) That the Corporation Counsel be, and she hereby is authorized to settle the 2006 -07 certiorari proceeding on 333 Amherst Street by reducing the assessment from $4,417,000 to $4,267,000. PASSED. AYES -8. NOES -0. LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 66 B. DADDIS, PETITION TO USE 133 HOPKINS - GROUND SIGN (ITEM NO. 62, C.C.P., OCT. 31, 2006) That the petition of B. Daddis, agent, for permission to use 133 Hopkins for a ground sign, 5' width by 3' height, within a 9'x 5' masonry enclosure sign be, and hereby is approved. PASSED. AYES -8. NOES -0. NO. 67 L. MCCLIVE, PETITION TO USE VARIOUS DOWNTOWN LOCATIONS - 10 FREESTANDING SIGNS (ITEM NO. 63, C.C.P., OCT. 31, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the petition of L. McClive, agent, for permission to use various locations: 4 in Niagara Square, 1 in Lafayette Square, 1 at 92 Franklin Street, 1 at Church and Franklin Streets, 1 at Main and South Division, 1 at Theodore Roosevelt Plaza and 1 at WNED Studio for 10 freestanding signs be, and hereby is approved. PASSED. AYES -8. NOES -0. NO. 68 ORDINANCE AMENDMENT - CHAPTER 137 - CODE ENFORCEMENT (ITEM NO. 106, C.C.P., OCT. 31, 2006) That after the hearing before the Committee on Legislation on November 8, 2006, the Ordinance Amendment as contained in Item No. 106, C.C.P., October 31, 2006, be and the same hereby is approved. PASSED AYES -8. NOES -0. NO. 69 ORDINANCE AMENDMENT - CHAPTER 175 - FEES (BOUNCER LAW) (ITEM NO. 107, C.C.P., OCT. 31, 2006) That after the hearing before the Committee on Legislation on November 8, 2006, the Ordinance Amendment as contained in Item No. 107, C.C.P., October 31, 2006, be and the same hereby is approved. PASSED. AYES -8. NOES -0. NO. 70 ORDINANCE AMENDMENT - CHAPTER 372 - BOUNCER LAW (ITEM NO. 108, C.C.P., OCT. 31, 2006) That after the hearing before the Committee on Legislation on November 8, 2006, the Ordinance Amendment as contained in Item No. 108, C.C.P., October 31, 2006, be and the same hereby is approved. PASSED. AYES -8. NOES -0. NO. 71 PRESERVATION BOARD APPOINTMENT (ITEM NO. 115, C.C.P., OCT. 31, 2006) That the appointment of Timothy Tielman, residing at 65 Ketchum Street, as a member of the Buffalo Preservation Board be, and hereby is approved. PASSED AYES -8. NOES -0. NO. 72 FOOD STORE LICENSE - 388 PADEREWSKI DRIVE (ITEM NO. 33, C.C.P., OCT. 31, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 73 R. DOLLMAN, PETITION TO USE 161 ELMWOOD- SIT -IN RESTAURANT (ITEM NO. 65, C.C.P., OCT. 3, 2006) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 74 APPT.- MEMBER - ELEVATOR SAFETY REVIEW BOARD (MAYOR) ( #1,9/5) That the above item be, and the same hereby is received and filed. ADOPTED. NO. 75 APPTS.- PRESERVATION BOARD (CP) (# 17,9/5) ( #122,10/3) That the above item be, and the same hereby is received and filed. ADOPTED. NO. 76 FOOD STORE LICENSE - 1234 FILLMORE (ITEM NO. 43, C.C.P., JULY 25, 2006) 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 Ray Drayton located at 1234 Fillmore Avenue. PASSED. AYES -8. NOES -0. NO. 77 SECONDHAND DEALER - 594 NIAGARA STREET (ITEM NO. 30, C.C.P., OCT. 17, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 78 USED CAR DEALER LICENSE - 41 LOUISIANA STREET (ITEM NO. 31, C.C.P., OCT. 17, 2006) That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspections Services be, and he hereby is authorized to grant a Used Car Dealer license to Dawn Thurnherr d /b /a Morris Resale located at 4] Louisiana Street with the following conditions: 1. Lot is limited to zero (0) cars; or 2. No more than five (5) cars only if lot is paved. PASSED. AYES -8. NOES -0. NO. 79 USED CAR DEALER LICENSE - 1811 N. FILLMORE (ITEM NO. 62, C.C.P., SEPT. 5, 2006) That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspections Services be, and he hereby is authorized to grant a Used Car Dealer license to Bennie Caudle d /b /a Ben's Tire Center Inc. located at 1811 N. Fillmore. PASSED. AYES -8. NOES -0. NO. 80 USED CAR DEALER - 286 SWAN (ITEM NO. 43, C.C.P., MAY 16, 2006) (ITEM NO. 142, C.C.P., JULY 25, 2006 That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 81 E. LAPLANTE -BFLO. SPEC. POL. -REQ. DISCUSSION -PART. IN ASSISTING POLICE, ETC. IN COB ( #92,9/5) That the above item be, and the same hereby is received and filed. ADOPTED. COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRMAN) NO. 82 SEQR LEAD AGENCY DESIGNATION - RIVERWRIGHT ENERGY ETHANOL PLANT (ITEM NO. 6, C.C.P., OCT. 31, 2006) That the Common Council hereby consents to the City of Buffalo Planning Board as Lead Agency for the Riverwright Energy Ethanol Plant project. PASSED. AYES -8. NOES -0. NO. 83 C. ROSENOW -EC HARBOR DEV. CORP.- TRANSFER OF OUTER HARBOR TO ECHDC /COUNCIL REP. (#47,10/17) That the above item be, and the same hereby is received and filed. ADOPTED. NO. 84 IDENTIFYING ALL CURRENT /POSSIBLE FUTURE FUNDING SOURCES FOR THE HICKORY WOODS NEIGHBORHOOD (ITEM NO. 91, C.C.P., OCT. 17, 2006) That the Division of Budget, Office of Strategic Planning on behalf of the Buffalo Urban Renewal Agency and its related corporations, file their responses with the City Clerk in anticipation of the next meeting. ADOPTED. NO. 85 SUPPORT FOR WATERFRONT VILLAGE ADV. COUNCIL (EXC. 1 RES) ( #150,5/17) That the above item be, and the same hereby is referred to the Special Committee on Waterfront Development. ADOPTED. NO. 86 PROPOSED PRIVATE BRIDGE AT INTEMATIONAL RAIL BRIDGE SITE (3 RES) ( #128,11/3) That the above item be, and the same hereby is received and filed. ADOPTED. RESOLUTIONS NO. 87 By: Mr. Bonifacio ORDINANCE AMENDMENT CHAPTER 194, FOOD STORES The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 194 of the Code of the City of Buffalo be amended to read as follows: § 194 -9. Check Cashing Service Notification Effective January 1, 2007, any food store who provides, or intends to provide check cashing services to customers for a fee shall notify the City Clerk in writing of such service or intention. APPROVED AS TO FORM Alisa A. Lukasiewicz Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 88 BY: MR. BONIFACIO EXCUSE COUNCILMEMBER DAVIS FROM MEETING Whereas: Councilmember Brian C. Davis will be unable to attend the Council meeting on Tuesday, November 14, 2006; Now, Therefore Be It Resolved: The Common Council excuses Councilmember Brian C. Davis from attending the Tuesday, November 14, 2006, Common Council meeting. ADOPTED NO. 89 BY: Council member Brian Davis AMENDMENT TO THE OAK STREET REDEVELOPMENT URBAN RENEWAL PLAN Whereas, the Oak Street Redevelopment Urban Renewal Plan was approved by the City of Buffalo Common Council, C.C.P. Item # 170, on May 5, 1970 (40 -year plan); and WHEREAS, the Office of Strategic Planning has recommended that the Oak Street Redevelopment Urban Renewal Plan be amended for the purpose of changing the land use designation from Residential Medium Density to Hospital and Medical Services for Parcels 8A1 and 8A2 (known as 45 Carlton Street); and WHEREAS, the Office of Strategic Planning has authorized the amendment to the Oak Street Redevelopment Urban Renewal plan for the long -term, comprehensive redevelopment of the designated parcels within the approved area; WHEREAS, it will provide new economic development and job opportunities to the community at large and will aid in the stabilization of local property tax rolls and provide a framework for public and private reinvestment within the area; and WHEREAS, it will allow for Roswell Cancer Institute to use the property for Hospital and Medical Services and that the former owner (Cornerstone Manor) has chosen a new site and facility; and WHEREAS, the Housing Act of 1949, as amended, and Article 15 of the General Municipal Law requires that the Urban Renewal Plan Amendment be approved only after a public hearing on due notice; and WHEREAS, the City Planning Board, reports to the Common Council and certify their unqualified approval of the Oak Street Redevelopment URP Amendment as defined in Subdivision 3 of Section 502, Article 15 of the New York State Municipal Law after conducting their Public Hearing on October 24, 2006; and Now Therefore Be It Resolved That, this Common Council of the City of Buffalo directs the City Clerk to publish the notice attached hereto and marked "Notice of Public Hearing" in the Buffalo News and the City Record, no later than the 18 day of November, 2006 and that this Common Council will conduct a public hearing on the matter stated at 2:00 pm in the Council Chambers on November 28, 2006. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 90 By: Brian C. Davis PERMISSION TO HANG CHRISTMAS DECORATION WITHIN THE CHIPPEWA ENTERTAINMENT DISTRICT Whereas: The Chippewa Entertainment Association continues to work regularly on improvements to Chippewa Entertainment District area to include Chippewa Street, Delaware Avenue and Franklin Street; and Whereas: Representatives from the Chippewa Entertainment Organization has requested permission to temporarily install Christmas decorations in three (3) locations across Chippewa Street, Delaware Avenue and Franklin Street from November 16, 2006 through January 31, 2007 in celebration of the holiday season; and Whereas: The decorations to be installed will be three (3) New England Pine Wreathed Cross Street Decorations that will be forty (40) feet in length and will feature one three (3) foot wreath with lights, berries and custom bows on Chippewa Street; and Whereas: In addition to the three (3) New England Pine Wreaths, the Chippewa Entertainment District would like to hang 16 New England Pine Pole Decorations on light poles on Chippewa Street, five (5) decorations on Delaware Avenue and two (2) decorations on Franklin Street. Now Therefore Be It Resolved That: This Common Council grants permission to the Chippewa Entertainment District to hang decorations in celebration of the holiday season on Chippewa Street, Franklin Street and Delaware Avenue from November 16, 2006 until January 31, 2007, providing that permission is granted from any building owner in which the decorations will be attached to that building. Be It Finally Resolved That: All decorations meet the requirements of all pertinent City Departments and that no existing laws or ordinances are violated. PASSED. AYES -8. NOES -0. BY: MR. FRANCZYK NO. 91 APPOINTMENTS TO PARKS ADVISORY BOARD THEREFORE BE IT RESOLVED: That pursuant to Article X Section 6 -54 of Charter establishing a "Parks Advisory Board' in reference to the City /County Parks Agreement, I am appointing Joseph Kedron, 2475 Niagara Street, Buffalo, N.Y. 14207; Joseph Randazzo, 16 Wellington Road, Buffalo, N.Y. 14216 and Lou Petrucci, 89 Red Jacket Parkway, Buffalo, N.Y. 14220 to the Parks Advisory Board. ADOPTED BY: MR. FRANCZYK 0 [61FYa :J =111111IQ 0 &] IFA I* 110170]: 100* IFJ3* M70]:lLri Fill 1Z610 /eXe]J&IIN4=11 k1_1 WHEREAS: The Madonna of the Streets, also known as St. Luke's Mission of Mercy, located at 325 Walden Avenue, has long provided invaluable service to a poor East Side neighborhood by providing food, shelter and counseling for thousands of needy people; and, WHEREAS: St. Luke's Mission of Mercy has also acquired and improved numerous homes on Goodyear, Sycamore and elsewhere and has set up residences as well as job and computer training programs; and, WHEREAS: The homes are clean, well -run, beautified with flowers, etc., thus saving the structures from blight or demolition; and, WHEREAS: The Madonna of the Streets provides a great benefit to the City of Buffalo by helping thousands of Buffalonians in need, as well as preserves and beautifies properties that would ordinarily have to be secured or demolished at city expense; and, WHEREAS: The group has also renovated one of the most beautiful churches in Buffalo, and is restoring the exterior and interior of the building, which boasts religious artwork from world renowned artist Jan de Rosen, the central artist of the National Roman Catholic Cathedral in Washington, D.C; and, WHEREAS: It can be argued that the former St. Luke's Church would have fallen into disrepair were it not for the Madonna of the Streets / St. Luke's Mission of Mercy; and, WHEREAS: The St. Luke's Mission of Mercy /Madonna of the Streets, is a not - for - profit and does not pay taxes, but for a window of time following its sale by the Roman Catholic Church, the property was in the name of Amy Betros, who transferred title to Madonna of the Streets, Inc., which qualifies for tax exemption; and, WHEREAS: Although Madonna of the Streets was granted tax exempt status, it was still taxed for the prior fiscal year, 1994/95, to the tune of$16,111; and, WHEREAS: With interest and penalty, the amount of back taxes owed at 325 Walden Avenue is now in excess of $46,354 and growing; and, WHEREAS: It was determined that City of Buffalo nor the Common Council can waive these back taxes as it would constitute a gift of public funds under section 520 of New York State Law; and, WHEREAS: The only way to forgive back taxes for 325 Walden Avenue is through special legislation from the New York State Legislature; and, NOW THEREFORE BE IT RESOLVED: That in fight of the invaluable services provided by Madonna of the Streets / St. Luke's Mission of Mercy, that the Common Council requests that the New York State Legislature enact Special Legislature approving the waiving of past tax bills and penalties stemming from the 1994/95 fiscal year, currently recorded at $46,354, at 325 Walden Avenue. ADOPTED. NO. 93 BY: MR. FRANCZYK WAIVE DEMO PERMIT FEES FOR 827 SOUTH PARK WHEREAS: The Valley Community Association located at 93 Leddy Street has long provided human service programs for the surrounding neighborhood; and, WHEREAS: The Valley Community Association recently acquired the property at 827 South Park, which was an abandoned church building; and, WHEREAS: On November 8, 2006, the structure at 827 South Park burned down; and, WHEREAS: Valley Community Association Executive Director Peg Overdorf warned Buffalo firefighters on the site that the structure had no load bearing walls and that they should not enter the building, which they were about to do; and, WHEREAS: Within minutes of her warning, the structure collapsed; thus her warning may have saved the lives of the firefighters; and, WHEREAS: The Valley Community Association will complete the demolition of the remaining structure and has plans to put a parking lot on the site to better serve its center on Leddy Street; NOW THEREFORE BE IT RESOLVED: That the Common Council waives demolition permit fees or other related fees for the demolition and clearance of 827 South Park on behalf of the Valley Community Association. PASSED. AYES- FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RUSSELL, THOMPSON -7. NOES - BONIFACIO -1. NO. 94 By: Mr. Golombek, Jr. NYSDEC TREE PLANTING COST SHARE GRANT FOR URBAN AND COMMUNITY FORESTRY Whereas: The Department of Public Works, Parks & Streets is in the process of applying for a $20,000.00 Tree Planting Cost -Share Grant for Urban and Community Forestry; and Whereas: This Grant is sponsored by the New York State Department of Environmental Conservation; and Whereas: In order for the City of Buffalo to receive the $20,000 matching grant, the New York State Department of Environmental Conservation requires approval by the Common Council; Now, Therefore, Be It Resolved That: The Common Council of the City of Buffalo does hereby authorize and direct Joseph Giambra, as Commissioner of Public Works, Parks and Streets of the City of Buffalo, or such person's successor in office, to file an application for the 50% matching funds in an amount not to exceed $20,000; and Now, Therefore, Be It Further Resolved That: This Honorable Body does further authorize and direct the City of Buffalo's Commissioner of Public Works, Parks and Streets upon approval of said request to enter into and execute a project agreement with the New York State Department of Environmental Conservation for such financial assistance to the City of Buffalo for a 2006 Tree Planting Cost -Share Grant for Urban and Community Forestry in New York State. PASSED. AYES -8. NOES -0 NO. 96 By: Michael J. LoCurto TRAFFIC CONTROL SIGNAL PHOTO MONITORING SYSTEM DEMONSTRATION PROGRAM Whereas: The Common Council requests the New York State Assembly to support A.B. 5657 amending the Vehicle & Traffic Law making permanent for all municipalities the traffic control signal photo monitoring demonstration program; and Whereas: Each year in New York State, hundreds of people are killed and tens of thousands are injured by motor vehicle accidents at intersections which are controlled by traffic lights and at railroad crossings. Whereas: Drivers, passengers, bicyclists and pedestrians are victims of the widespread practice of running red lights; and Whereas: The automatic monitoring of traffic signal controls through the use of photographic devices is an effective way of policing dangerous intersections and reducing the number of motorists who disregard red lights; Whereas: The extended use of these devices has been shown to dramatically reduce the number of violations at the intersection being monitored; Whereas: The running of redlights is a major problem on Parkside Avenue and area residents are interested in installing cameras on traffic signal poles as a pilot program in the city of Buffalo; Now Therefore Be It Resolved: That the Buffalo Common Council does hereby commit its full support behind the New York State Assembly Bill # 5657 amending the Vehicle and Traffic Law in relation to making permanent for all municipalities the traffic control signal photo monitoring system demonstration program; and Be It Further Resolved: That copies of this resolution be forwarded to Governor Pataki, Senate Majority Leader Joseph Bruno and Assembly Speaker Sheldon Silver, the Chair of the Transportation Committee and the Western New York Delegation. ADOPTED. NO. 96 By: Michael J. LoCurto FILLING THE VACANCIES ON THE ADVISORY COMMITTEE FOR PERSONS WITH DISABILITIES. Whereas: Article 18 -79 of the Buffalo Charter states that, "The advisory committee for persons with disabilities shall consist of twenty -one persons to be appointed by the mayor for staggered three -year terms. "; and Whereas: The advisory committee members shall be residents of the City of Buffalo; and Whereas: The advisory committee shall consist of at least eleven members with disabilities; and Whereas: The advisory committee for persons with disabilities shall advise the city of Buffalo as to policies and procedures which may assist persons with disabilities to fully enjoy all benefits and opportunities available as citizens of Buffalo; and Whereas: The advisory committee has not yet been appointed by the mayor; and Now Therefore Be It Resolved: That the Buffalo Common Council does hereby place it its full support behind Mayor Brown to appoint the Advisory Committee for Persons with Disabilities as expeditiously as possible. ADOPTED NO. 97 By: Mr. Thompson Co- Sponsor(s): Messrs. Bonifacio, Franczyk, Fontana & Mrs. Russell INCREASING THE LOCAL SHARE OF CASINO REVENUE TO THE CITY OF BUFFALO Whereas: Recently the Buffalo Common Council approved the sale of Fulton Street to the Seneca Nation of Indians for use in the Buffalo Creek Casino development plan; and Whereas: With the passing of each step in the development process, the City of Buffalo becomes closer to the realization of an Indian Nation run Casino; and Whereas: It is believed that a few concerns still need addressing before the Casino process goes much further along. Two of those concerns are: the definition of a Casino "Host" Community and the division of the share of the Casino Revenue to the municipality; and Whereas: The Buffalo Common Council urges the NYS Legislature to designate the Casino "Host" Community as Buffalo by amending Section 99(h) of the State Finance Law before construction begins. The amendment will clarify the intended designee of the Seneca Casino revenue and eliminate any confusion or hold -up for the revenue later on; and Whereas: Presently the NYS Legislature has determined that the Casino's local government will receive a minimum 25% share of State Casino funds. As this amount was not specifically determined in the Casino Compact, and the City of Buffalo will be the most effected municipality once the Buffalo Creek Casino opens, a larger portion of the revenue should be allocated to the City; Now, Therefore, Be It Resolved That: The Common Council of the City of Buffalo does hereby request that a Memorandum of Understanding be executed between the State of New York and the City of Buffalo, prior to the Construction of the Buffalo Creek Casino by the Seneca Nation, that would specifically allocate the local share of Casino revenues directly to the City of Buffalo, by naming the City of Buffalo "Host;" and Now, Therefore, Be It Further Resolved That: The Common Council of the City of Buffalo does hereby request that the Memorandum of Understanding executed between the State of New York and the City of Buffalo include designating more than 25% of the Buffalo Creek Casino revenue to the City of Buffalo for local economic development projects as determined by the City of Buffalo; and Now, Therefore, Be It Further Resolved That: This Honorable Body hereby directs the City Clerk's Office to send certified copies of this resolution to the Western New York Delegation of the NYS Legislature; Governor George Pataki; Assembly Speaker, Sheldon Silver; NYS Senate Majority Leader, Joseph Bruno; NYS Attorney General Eliot Spitzer; the New York State Senate; Buffalo Mayor Byron Brown; and the Seneca Nation of Indians; Now, Therefore, Be It Further Resolved That: The Common Council of the City of Buffalo hereby requests comments /responses from the above named parties to this resolution, no later than 2:OOpm, on Thursday, December 7, 2006, addressed to the Common Council, 1308 City Hall, Buffalo, NY 14202. REFERRED TO THE SPECIAL COMMITTEE ON BUDGET. NO. 98 By: Mr. Thompson REQUEST TO MAKE TREE - RELATED PRODUCTS AVAILABLE TO THE PUBLIC Whereas: As a result of the October Storm, thousands of trees lost branches and /or were cut down completely due to extensive and unrepairable damage; and Whereas: A majority of tree limbs and other wood products are currently in the process of being cut, mulched, chipped, and so forth; and Whereas: The free distribution of said firewood, mulch, and wood chips to local residents and agencies will help in the overall beautification process to improve upon the severe damage caused to the natural landscape; and The available mulch, wood chips, and firewood would be a financial asset to local parks departments, freeing up financial resources for other tasks for the next landscaping season; and Whereas: Local and regional municipalities and nurseries should be contacted in reference to available storage and distribution facilities. Now, Therefore Be It Resolved That: This honorable body requests that wood chips, mulch, and firewood be made available, free of charge, to City of Buffalo residents and agencies for landscaping use; and potentially sold to other municipalities and businesses interested in obtaining; and Now, Therefore Be It Finally Resolved That: This Common Council also hereby requests that copies of this resolution are forwarded to the Department of Public Works, the Erie County Department of Parks & Recreation, the Buffalo Olmsted Parks Conservancy, and local and /or regional nurseries to seek their response for the next Common Council Meeting scheduled for Tuesday, November 14, 2006. REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS, AND CORPORATION COUNSEL. NO. 99 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 Roselyn L. Taylor By All Councilmembers Felicitation for Marshan Mason By Councilmember Davis ADOPTED. NO. 100 BY: Mr. THOMPSON APPOINTMENTS COMMISSIONER OF DEEDS That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2008, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Guy Marlette Charlotte Lujah Salvatore Howard Craig Posmantur Charleen Willard Linda Sunday Robert Fellows Timothy McKenna Kelly Mahoney Earl Gist Dorothy Brown Andrea James Donna Vaccaro Rochelle Herring Janice Jackson Richard Stoddard Doreen Posmantur Karen Colvin Katie Graney Sanford Perlmuter Clara Sciandra Eileen Ulrich Laura Gist David Cummings Diane Miller Eva Perez Teresa Taylor E Jeannette Ogden Irene Morris Dianne Pershyn Linda Parkes Virlee Townsel Scott Gehl Robert McCarthy Dolores Gist Jennie D'Angelo MaryAnn Pyrak Total: 37 ADOPTED. NO. 101 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 31,2008, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo Leo Adanti Lisa Bodgan Richard Carter Diane Kaczmarek Inez Mirco Paul Wilson David Lee Bunch Darcel Hunter Michelle Olszowy Nanniemaria Thomas Carole Getz Zoraida Matos Karen Privateer Irma Lorenzo Laura Rucinski Wendy Nobile Joanna Alfonso -Cooke Nathan Buffum Brendon Dickman Nancy Lauria Kevin Phillips Leanne Azzarello Timothy Collins Susan Kramer Scott Smith Dale Zuchlewski Colleen Bohen Kathryn Barker Mark Jaskula Carol Nowak Rosetta Kennedy William Bannister Catherine Carbone Teresa Duffy Sharon Levy Teri Jo Ritz Kelli Blakeley Lisa Geier June McDonnell Amy Thill Jennifer Jacobs Kathleen Fitzpatrick Mildred Castro Alice Radka Kathleen Harrington Gregory Peoples Total: 46 ADOPTED. NO. 102 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Reaular Committees Committee on Civil Service Tuesday, Nov. 21, 2006 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, Nov. 21, 2006 at10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, Nov. 21, 2006 at 1:00 o'clock P.M. Committee on Legislation Tuesday, Nov. 21, 2006 at 2:00 o'clock P.M Committee on Claims . Wednesday, Nov. 22, 2006 at 11:00 o'clock Special Committees Budget Thursday, Nov. 16, 2006 at 10:00 o'clock A.M. in Room 1417 City Hall (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware; therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 103 ADJOURNMENT On a motion by Mr. Bonifacio, Seconded by Mr. Golombek, the Council adjourned 2:40 p.m. GERALD CHWALINSKI CITY CLERK Board of Police and Fire Pension Proceedings #10 Office of the Mayor -201 City Hall NOVEMBER 16, 2006 Present: Anne Forti - Sciarrino, Deputy Comptroller; Alisa A. Lukasiewicz, Corporation Counsel -2 Absent: Byron W. Brown, Mayor; David A. Franczyk, Council President -2 The Journal of the last meeting was approved. No. 1 1 transmit herewith the Pension Payroll for the Fire Pension Fund for the month of November 2006 amounting to $5,610.00, and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes -2. Noes -0. No. 2 1 transmit herewith the Pension Payroll for the Police Pension Fund for the month of November 2006 amounting to $5,630.00, and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes -2. Noes -0. No. 3 On motion by Mrs. Forti - Sciarrino, the City of Buffalo Police and Fire Pension Board meeting adjourned at 11:10 a.m.