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Home My WebLink About07-1002 (2)L ro7 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO OCTOBER 2, 2007 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 DEMONE A. SMITH - 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, Demone Smith - 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 1-11:2xd Fill SK61khIk 111 a 9 4 *� BUDGET COMMITTEE: Dominic J. Bonifacio, Jr., Chairman, Brian C. Davis, Richard A Fontana, Joseph Golombek, Jr. Bonnie E. Russell - Members MINORITY BUSINESS ENTERPRISE COMMITTEE - ,Demone Smith Chairman Brian C. Davis, Richard A. Fontana, Bonnie E. Russell Members EDUCATION COMMITTEE ;Demone Smith Chairman, Michael P. Kearns, Bonnie E. Russell Members WATERFRONT DEVELOPMENT COMMITTEE — MICHAEL P. KEARNS, CHAIRMAN, BRIAN C. DAVIS, RICHARD A. COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, SEPTEMBER 4, 2007 AT 2:00 p.m. PRESENT — David A. Franczyk, President of the Council, and Council Members Bonifacio, Davis, Fontana, Golombek, Kearns, LoCurto, Russell and Smith — 9 ABSENT — 0 On a motion by Mr. Bonifacio, seconded by Mr.Fontana, the minutes of the stated meeting held on September 18, 2007 were approved. FROM THE MAYOR - EXECUTIVE DEPARTMENT NO. 1 CITIZENS'S PARTICIPATION ACADEMY This is to advise the Honorable Common Council of the continued implementation and execution of Mayor Byron W. Brown's Citizens' Participation Academy for City of Buffalo residents. The Academy's orientation session was held on Tuesday, September 11, 2007 and will run for approximately 8 sessions. The Academy will conclude with commencement exercises to be held on Wednesday, November 7, 2007. The third session of the Academy is comprised of 29 participants, representing all Councilmatic districts of the City of Buffalo. Each session affords participants to meet informally with city administrators and officials regarding numerous facets of city government and learn ways in which citizens can access the various services that are offered. For your convenience, attached you will find a summary of the Academy's objectives. We expect to continue to offer this opportunity to City of Buffalo residents, ages 18 and over, twice a year in the fall and spring. Our Spring 2008 Session is scheduled to begin on March 18, 2008. Below you will find a list of participants for the Fall 2007 session. Delaware — Rosalind Burgin, Alysssa Navarro, Patricia Powell, Michael Tritto, Jr. Ellicott- Christopher Aliotta, Adrienne Garr, Lesley Haynes, Shirley Sapp- Burgess, Denise Seabury Fillmore- Arthur Robinson Jr. Lovejoy- Sandra Steward Masten- Theodora Bynes, Alice Combs, Pauline Giles, Jacqueline Platt, Charles L. Thompson Jr. Niagara- Juan Luis Acosta, Brian Faix, Holy Lindstrom, Francesca Maines North- Beverly Eagen, Brian Fegley, Charlie Riley South- Luanne Goc, Judith Hall University- Meela Moore, Beverly Newkirk, Joseph Turello, Davette Wright RECEIVED AND FILED FROM THE CITY PLANNING BOARD NO. 2 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON - SIGNIFICANCE 145 RIVER ROCK DRIVE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEAR), Article 8 of the New York State Environmental Conservation Law. City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Call Center Construction Location 145 River Rock Drive Type of Action Unlisted - Uncoordinated Description: Lehigh Construction Group, Inc. is proposing to construct a cell center facility located at 145 River Rock Drive, Buffalo New York. The project will involve the construction of a 12,800 Square foot call center that will consist of a large open area for workstations, offices, conference rooms, a break room, and related support areas. After orders are placed, products are pulled from racks in the warehouse (6,400 sq. ft.), where they are compiled, packaged, and sent out to customers. Products are typically received by tractor trailer trucks once per week and sent out to customers on a daily basis via US Mail, Fed -ex or U PS. The proposed building construction is structural masonry walls with concrete slab on grade, internal steel columns, steel bar joists and metal deck. The exterior walls will consists of architectural concrete block with some being painted or colored, which is consistent with neighboring commercial buildings. Due to existing parking areas that are available for use, new asphalt paving is kept to a minimum. The project will be funded privately and cost approximately $900,000. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: the construction of the new building for the proposed cell center will allow a company relocating to the City of Buffalo add new revenue and employment opportunities to the City of Buffalo economy. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo, New York 14202 - 716 851 -5085. Dated: September 11,2007 RECEIVED AND FILED NO. 3 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON- SIGNIFICANCE 759 LAFAYETTE AVENUE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEAR), Article 8 of the New York State Environmental Conservation Law. City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Lafayette Townhouse Development Location 759 Lafayette Avenue Type of Action: Coordinated Description: Johnson & Sons is proposing to construct three luxury townhouses and the restoration of an existing residence on the property located at 759 Lafayette Avenue, Buffalo New York. The townhouses are two (2) stories with a two (2) car garage on the ground level. All of the units will offer a large open living /dining /kitchen plan; private bathrooms for all bedrooms with a Jacuzzi tub and separate shower; outdoor storage space with balconies; fireplaces; pre- wiring for high speed internet, cable and phone; and the use of smart technology to monitor heating and cooling systems for maximum efficiencies. The project will be funded privately and cost approximately $1,200.000. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: the project will allow for the construction of new townhouses on a site that currently is occupied by an un -cared for property in a stable Buffalo neighborhood. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo, New York 14202 - 716 851 -5085. RECEIVED AND FILED NO. 4 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON - SIGNIFICANCE 25 GATE CIRCLE This notice is issued pursuant to the State Environmental Quality Review Act (SEQRA), Article 8 of the Environmental Conservation Law and its implementing regulations 6 NYCRR Part 617. City of Buffalo Planning Board 901 City Hall Buffalo, New York 14202 In accordance with the provisions of SEQRA, as Lead Agency, has reviewed the following action as it relates to the environment: Action Title: 25 Gates Circle Gates Circle /Delaware Avenue Buffalo, New York. Type of Action: Type I Project Description: Uniland Development Company proposes to build a high -rise condominium at 25 Gates Circle (formerly 33 Gates Circle). The project site is the former (now vacant) Park Lane Restaurant. The site is zoned "R4 Apartments" which allows the proposed multi -story condominium use. This is a residential occupancy, with no commercial or mercantile occupancies, except for those associated with the operation of the condominium operation or the resident tenants. The area of the site is 34,400 sf, which per the ordinance, permits no more than 68 dwelling units. 68 Units are proposed for the project. No special exceptions or variances are required for the proposed project, it is a build "as- of- right' proposal. The project complies with the current requirements for: lot coverage, yards, height, landscape, parking and the other aspects of the ordinance. The proposed project involves the construction of a concrete - framed, 23- story, approximately 155,000 sf, luxury condominium building. 123 Underground parking spaces are provided under the building, which is 55 more than the zoning requires. The contemporary design of the new building includes a two -story limestone base, with large clear windows along the common spaces as well as the two (2), two - level, ground floor dwelling units. The upper stories will be clad with a bronze - colored aluminum curtain wall system, with slightly tinted, full- height, windows. Matching spandrel glass will be used at floor structure and other opaque segments, but the appearance will be mostly transparent glass. Etched glass railings will be used at the projecting balconies, along with wood panels along the solid side wall portions of each balcony. The landscape will include mostly deciduous plants, with grow- through pavers for walking surfaces, and cobblestone -like pavers for driving surfaces. Asphalt is not planned for any surface on the project site. By removing the existing asphalt and installing the new landscape plan, the project will effectively be increasing the landscaped coverage by 400 %. Reasons Supporting the Determination: The Lead Agency has reviewed and considered submissions and comments concerning the proposed Condominium project, including, but not limited to, the following Full Environmental Assessment Form Site Plan Various renderings Shadow study Traffic Impact Study dated May, 2007 Supplemental Traffic Impact Study dated September, 2007 Amended Site Plan Architectural Report of Proposed Condominium Project dated September 6, 2007 Transcript of proceeding of Special Meeting of City of Buffalo Preservation Board of July 26, 2007 Public Hearing of June 5, 2007 LCS, Inc. Environmental Site Assessment Report (Phase 1) Archeological Phase 1A Assessment Report Archeological Reconnaissance Report Based upon its review and consideration of the EAF and other materials and information listed above, and the environmental criteria contained in the SEQRA regulations at 6 NYCRR 617.6(c), the Planning Board has identified the following areas of small to moderate potential environmental impact as a result of this project: traffic, and potential impact on historic buildings and resources. A. Traffic The existing access to the site consists of driveway entrances at Lafayette and Delaware Avenues. The site plan as originally proposed called for primary ingress and egress from Lafayette Avenue with secondary access from Lancaster Avenue by way of an easement across 33 Lancaster Avenue. Limited egress to Delaware Avenue was to be allowed for service and emergency vehicles only. While the initial Traffic Impact Study did not preclude Lancaster Avenue access, there was significant opposition to such access from residents on Lancaster Avenue. In addition, the Board had concerns about such access due to its own experience with the area and existing traffic patterns. Accordingly, the Board requested the applicant to consider using the existing access points to the property and not allow access to or from Lancaster Avenue. In its Amended Site Plan the applicant has agreed to preclude access to or from Lancaster Avenue and utilize only the existing access points at Lafayette Avenue and Delaware Avenue. Lafayette will serve as the primary access point with Delaware Avenue as a secondary access point. The Supplemental Traffic Study demonstrates that the proposed use will have significantly less impact overall on traffic than the prior restaurant use. The Supplemental Study also determined that the Delaware Avenue driveway can support both ingress and egress due to low left turn volumes, however, the site plan, as amended, restricts traffic at the Delaware driveway to exit only. Restricting traffic to exit only onto Delaware significantly reduces the number of conflict points identified in the report. B. Historic and Archaeological Resources The proposed project is not within a historic district, but it is adjacent to both Gates Circle, a part of the Olmsted Park and Parkways National Historic District and the Park Lane Condominiums, a local landmark building that has been or will soon be added to the National Register of Historic Places. Given the project's proximity to these historic places, the Planning Board has reviewed the project for its appropriateness in this context. Upon review, the Board determines that the design will not have any significant negative impact on the adjacent historic places. The Board finds that the reduced building footprint on the location and commensurate increase in green space will enhance the ambience of Gates Circle. The Board notes that the landscape plans for the project have been prepared in consultation with the Buffalo Olmsted Parks Conservancy. The overall effect on the landscaping at the project location will be a significant improvement. The Board recognizes that the new structure will have a tower that is largely glass. The Board is convinced that the effect of the relatively narrow glass tower, as compared to other possible design strategies, will minimize any adverse impact on the immediately surrounding buildings, including the Park Lane Condominiums. The placement of the building is at a 45' angle to the Park Lane Condominiums which offers significant unobstructed lines of sight for both the proposed building and the existing Park Lane Condominium. The two story stone base of the new building relates appropriately to the existing buildings without inappropriately mimicking the existing styles. The Board believes that the base of the building is of sufficient height to delineate Olmsted's original square and provide a classic base for the tower above. The Board agrees with the architects that the general materials chosen in the design relate appropriately to their surroundings. The height of the proposed building is significant, but does not significantly negatively impact its surroundings. The Board is fully familiar with the location of the project, the surrounding structures and neighborhood environment. The Board notes that the building is within the height restrictions of the City of Buffalo Code and is in an area that already includes a number of high rise structures. The Board has reviewed the shadow studies on the project and notes that despite its height, it will have minimal effect on the Park Lane Condominium and less impact than existing buildings on Gates Circle. In addition, as noted previously, the orientation of the building minimizes any negative impact on views to or from the Park Lane Condominiums. The Board notes that the City of Buffalo Preservation Board has reviewed and commented on the project and that the comments were, to a very great extent, extremely positive regarding the project. The Board notes the comment of Mr. Baer, Chairman of the Preservation Board, that it was his interpretation upon reading Olmsted, that Olmsted "wanted intense development along the edges of his park and parkway systems" (Transcript p. 19). The Board further notes that the Architectural Report finds that there is no evidence the Olmsted was opposed to tall buildings and that in many cities, including New York, Boston and Montreal, there are numerous examples of high -rise buildings on the edges of Olmsted parks and parkways. Conclusion The few potential environmental concerns that were identified are not significant in magnitude or effect. Any potential impacts identified have been mitigated by design enhancements incorporated by the Project Architects and engineers. Accordingly, the City of Buffalo Planning board determines that the undertaking of this action will not constitute an action significantly adversely affecting the quality of the environment and that no further environmental review of this action need be conducted prior to the project implementation. For further information concerning this Negative Declaration, contact Martin Grunzweig, Land Use Controls Coordinator, Room 901, Buffalo City Hall, (716) 851 -5085. RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 6 RESULTS OF NEGOTIATIONS 97 DODGE,323.70' W MICHIGAN LOT SIZE 46'X 134' ASSESSED VALUATION: LAND $2,700 TOTAL $34,000 (ELLICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 97 Dodge Street from Ms. Candace S. Moppins, 95 Leonard Street, Buffalo, New York 14215. Ms. Moppins intends to make repairs in the amount of Twenty -Five Thousand Dollars ($25,000), in order to bring 97 Dodge Street into code compliance and use as a place of residence. The purchaser has provided the Division of Real Estate with cost estimates and proof of financial ability to acquire and rehabilitate 97 Dodge Street. The subject properly consists of 2,638 square feet, two story frame, one family home, in poor condition, acquired by the City through tax foreclosure in 2005 and is situated on a lot 46' x 134'. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar properties in the subject area. Sales range from Two Dollars and Thirty -Four Cents ($2.34) to Nine Dollars and Nineteen Cents ($9.19), per square foot living area. The results of our negotiations are that Ms. Candace Moppins has agreed and is prepared to pay Seven Thousand Nine Hundred Dollars ($7,900), Three Dollars ($3.00) per square foot living area. Ms. Moppins has also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable be authorized to execute the Body approve the sale of 97 Dodge Street to Ms. Candace S. Moppins in the amount of Seven Thousand Nine Hundred Dollars ($7,900). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor same. Mr. Bonifacio moved That the above communication from the Office of Strategic Planning, Division of Real Estate, dated September 12, 2007 be received and filed; and That the offer from Ms. Candace Moppins, residing at 95 Leonard Street, in the sum of seven thousand and nine hundred dollars ($7,900.00) for the purchase of 9 ")Dodge, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed AYES - 9 NOES -0 NO. 6 RESULTS OF NEGOTIATIONS 1042 ELLICOTT, 196'N DODGE LOT SIZE: 26'X 100' ASSESSED VALUATION: LAND $1,300 TOTAL $6,000 (ELLICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 1042 Ellicott Street from S & T Properties of Buffalo, LLC, 165 Lexington Avenue, Buffalo, New York 14222. S & T Properties of Buffalo, LLC intends to make repairs and renovations in the amount of Forty -Five Thousand Dollars ($45,000), in order to bring 1042 Ellicott Street into code compliance and use as a place of residence. The purchaser has provided the Division of Real Estate with cost estimates and proof of financial ability to acquire and rehabilitate 1042 Ellicott Street. The subject property consists of 1,684 square feet, two story frame, one family home, in fair condition, acquired by the City through tax foreclosure in 2006 and is situated on a lot 25' x 100'. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar properties in the subject area. Sales range from Three Dollars and Fifty Cents ($3.50) to Five Dollars ($5.00), per square foot living area. The results of our negotiations are that S & T Properties of Buffalo, LLC has agreed and is prepared to pay Six Thousand Dollars ($6,000), Three Dollars and Fifty Cents ($3.50) per square foot living area. S & T Properties of Buffalo, LLC has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 1042 Ellicott Street to S & T Properties of Buffalo, LLC in the amount of Six Thousand Dollars ($6,000). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, REFERRED TO THE COMMITTEE ON FINANCE NO. 7 RESULTS OF NEGOTIATIONS 1269 GENESEE, W CORNER OF KIEFER LOT SIZE: 36'X 166' ASSESSED VALUATION $ 2,600 TOTAL $20,000: LAND(MASTEN DISTRICT) The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 1269 Genesee Street fro— Peace, Power and Faith Ministries International, Inc., Pastor Gary Chance, 123-65 147 Street, Apt. 123 -A, Jamaica, New York 11436. Peace, Power & Faith Ministries International, Inc. intends to make repairs in the amount of Fifteen Thousand Three Hundred Fifty Dollars ($15,350), in order to bring 1269 Genesee Street into code compliance and use as a church. The purchaser has provided the Division of Real Estate with cost estimates and proof of financial ability to acquire and rehabilitate 1269 Genesee Street. The subject property consists of 5,607 square feet, one story masonry building, in fair condition, acquired by the City through tax foreclosure in 1994 and is situated on a lot 35' x 166'. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar properties in the subject area. Sales range from One Dollar and Five Cents ($1.05) to Two Dollars and Eighty Cents ($2.80), per square foot building area. The results of our negotiations are that Peace, Power and Faith Ministries International, Inc. has agreed and is prepared to pay Eight Thousand Four Hundred Dollars ($8,400), One Dollar and Fifty Cents ($1.50) per square foot building area. Peace, Power and Faith Ministries International, Inc. has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 1269 Genesee Street to Peace, Power and Faith Ministries International, Inc. in the amount of Eight Thousand Four Hundred Dollars ($8,400). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 8 RESULTS OF NEGOTIATIONS 157 LOEPERE, 217.51' S SYCAMORE LOT SIZE: 30'X 108' ASSESSED VALUATION: LAND $1,600 TOTAL $2,500(FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 157 Loepere Street from Ms. Syeda Choudhury, 126 Loepere Street, Buffalo, New York 14212. Ms. Choudhury intends to make repairs in the amount of Twenty -Seven Thousand Dollars ($27,000), in order to bring 157 Loepere Street into code compliance and use as a place of residence for a family member. The purchaser has provided the Division of Real Estate with cost estimates and proof of financial ability to acquire and rehabilitate 157 Loepere Street. The subject property consists of 2,433 square feet, two story frame, three family home in poor condition, acquired by the City through tax foreclosure in 2005 and is situated on a lot 30' x 108'. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar properties in the subject area. Sales range from One Dollar and Fifty Cents ($1.50) to Three Dollars and Fifty Cents ($3.50), per square foot living area. The results of our negotiations are that Ms. Choudhury has agreed and is prepared to pay Three Thousand Dollars ($3,000), One Dollar and Fifty Cents ($1.50) per square foot living area. Ms. Choudhury has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 157 Loepere Street to Ms. Syeda Choudhury in the amount of Three Thousand Dollars ($3,000). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 9 RESULTS OF NEGOTIATIONS 177 NORTHAMPTON, 115'W MASTEN LOT SIZE: 26'X 130' ASSESSED VALUATION: LAND $1,400 TOTAL $22,500(ELLICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 177 Northampton Street from Mr. Walter L. Johnson, 20101 Greenfield Road, Detroit, Michigan 48235. Mr. Johnson intends to make repairs in the amount of Five Thousand Dollars ($5,000), in order to bring 177 Northampton Street into code compliance and use as a place of residence for a family member. The purchaser has provided the Division of Real Estate with cost estimates and proof of financial ability to acquire and rehabilitate 177 Northampton Street. The subject property consists of 1,840 square feet, two story frame, one family home, in fair condition, acquired by the City through tax foreclosure in 2006 and is situated on a lot 25' x 130'. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar properties in the subject area. Sales range from Three Dollars and Ten Cents ($3.10) to Five Dollars ($5.00), per square foot living area. The results of our negotiations are that Mr. Johnson has agreed and is prepared to pay Five Thousand Seven Hundred Dollars ($5,700), Three Dollars and Ten Cents ($3.10) per square foot living area. Mr. Johnson has also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 177 Northampton Street to Mr. Johnson in the amount of Five Thousand Seven Hundred Dollars ($5,700). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 10 RESULTS OF NEGOTIATIONS 21 WADE, 184' E FILLMORE LOT SIZE: 32'X 150' ASSESSED VALUATION: LAND $3,000 TOTAL $31,100 TOTAL (MASTEN DISTRICT) The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 21 Wade Street from Mr. Aaron V. Young and Mrs. Diane E. Young, 125 Thatcher Street, Buffalo, New York 14215. Mr. and Mrs. Young intend to make repairs in the amount of Ten Thousand Six Hundred Twenty Dollars ($10,620), in order to bring 21 Wade Street into code compliance and use as an income property. The purchasers have provided the Division of Real Estate with cost estimates and proof of financial ability to acquire and rehabilitate 21 Wade Street. The subject property consists of 1,443 square feet, two story frame, one family home, in fair condition, acquired by the City through tax foreclosure in 2006 and is situated on a lot 32' x 150'. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The Division of Real Estate has investigated the sale of similar properties in the subject area. Sales range from One Dollar and Thirteen Cents ($1.13) to Two Dollars and Seventy Cents ($2.70), per square foot living area. The results of our negotiations are that Mr. and Mrs. Young have agreed and are prepared to pay Three Thousand Nine Hundred Dollars ($3,900), Two Dollars and Seventy Cents ($2.70) per square foot living area. Mr. and Mrs. Young have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 21 Wade Street to Mr. and Mrs. Young in the amount of Three Thousand Nine Hundred Dollars ($3,900). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 11 AD PRICE APARTMENTS PILOT Your Honorable Body is hereby requested to approve the attached PILOT agreement between the City of Buffalo, the County of Erie, AD Price I LLC (owner of the redevelopment) and AD Price I Housing Development Fund Corp (the managing member of the owner). This Project will develop vacant property bounded by Broadway Avenue on the North, Spring Street on the west Jefferson Avenue on the east and William Street on the south and is located in the Willert Park neighborhood. The goal is to create approximately fifty -five (55) units of rental housing. The project represents an approximate $11,300,000 investment in the City of Buffalo and will utilize low income tax credits. 100% of the units will be made available as affordable housing, limiting tenancy to those who earn no more than 30% of the median area income. The amount of the PILOT payments was calculated based upon the City's PILOT policy which provides for payments in the amount of 3% of the total income of gross rent assuming a 5% vacancy. Payments will increase by three percent per year for the duration of the 15 year Pilot. REFERRED TO THE COMMITTEE ON FINANCE COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW NO. 12 EASEMENT FOR USE OF PORTION OF THE CITY -OWNED 489 ELMWOOD DRIVEWAY TO PARKING GARAGE NIAGARA DISTRICT The Office of Strategic Planning, Division of Real Estate, has received a request from 493 F M Elmwood Avenue, LLC ( "Grantee ") for a permanent non - exclusive easement from the City of Buffalo for Grantee's (and Grantee's tenant Bank of America's) use of the driveway (see attached preliminary description) currently serving the Children's Hospital's parking garage. The subject easement is being proposed by Grantee in connection with Grantee's redevelopment of the former Pier I parcel at 493 Elmwood as a Bank of America branch office. The proposed easement would alleviate the traffic congestion and confusion of the two current driveways that are side by side (the former Pier I existing Driveway and the subject parking garage driveway). It is understood that this will be a mutual or "cross" easement since the City's current driveway to the parking garage will be extended slightly onto Grantee's redevelopment property located at 493 Elmwood. The estimated value payable by Grantee to the City of Buffalo for the proposed easement will be determined by an appraisal and subject to review by the Appraisal Review Board. Once the value is established it will be submitted to Your Honorable Body for final approval. The Board of Parking, the Department of Public Works, Parks & Streets and the Law Department have been contacted and they have no objections providing certain conditions are met. The terms and conditions shall include but not be limited to the following: 1. The sale price of the easement will be paid to the City of Buffalo by the Grantee upon execution of the driveway easement agreement. The Grantee will pay 30% of the driveway maintenance and repair costs (including but not limited to snow removal) for the subject driveway. The maintenance cost will be billed to the Grantee by the City of Buffalo, Board of Parking. 3. Grantee's failure to pay any City chargeback for maintenance and repair costs will result in written notice to Grantee from the City of Buffalo with a 120 day opportunity for Grantee to cure, before further action is taken by the City. 4.it is determined by the City that the Grantee's usage of the driveway reflects a higher percentage than 30% of the total usage, then the 30% percentage for maintenance and repair payable by the Grantee will be adjusted upward in favor of the City of Buffalo. It is understood that the chargeback will never be less than 30 %. 5. The Grantee at the Grantee's sole cost and expense shall mill and overlay the entire driveway after all major construction has been completed on the Grantee's 493 Elmwood redevelopment parcel. 6.No driveway capital replacement costs will be charged back to the Grantee during the first 15 years. After the 15 year the Grantee will be responsible for 30% of the replacement cost of the driveway, which will be billed by the City of Buffalo, Board of Parking. The City will be responsible for the replacement of the driveway and bill and chargeback the Grantee accordingly. 7. The Board of Parking will provide a sign and the Grantee will install said sign at the Grantee's sole cost and expense. The sign will be placed on the Grantee's property and an appropriate easement in favor of the City for such signage shall be provided for in the driveway easement agreement. 8. Grantee shall pay all costs of installation, maintenance, repair and replacement for driveway lighting and shall also pay all utility bills. 9.The Grantee will indemnify the City and provide liability and other insurance, all of which shall be in form, substance and coverage amounts as required and determined by the City of Buffalo's Corporation Counsel's Office. I am recommending that Your Honorable Body approve a driveway easement agreement between the City of Buffalo and 493 F M Elmwood Avenue, LLC upon the above terms and conditions with additional input from this office, the Board of Parking staff and the Department of Public Works, Parks & Streets along with such other terms and conditions as are determined to be appropriate by the Corporation Counsel. I am further recommending that the Corporation Counsel prepare the necessary driveway easement agreement and that the Mayor be authorized to execute the same. Mr. Bonifacio moved: That the above item is hereby received and filed and the Mayor and the Corporation Counsel is authorized to enter into an easement agreement subject to the above conditions for use of a portion of 489 Elmwood F M Elmwood Avenue, LLC and its tenant "Bank of America" PASSED AYES - 9 NOES -0 FROM THE COMPTROLLER NO. 13 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS CITY CLERK- COMMON COUNCIL - LEGISLATIVE We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that it is necessary that the sum of $3,400 be transferred and reappropriated from the City Clerk, as set forth below: From: City Clerk 10220006 - 434000 Other Contractual Services $3,400 To: Legislative - Personal Services 10109001 - 411001 Salary $3,400 Dated: Buffalo, NY, August 27, 2007 RECEIVED AND FILED NO. 14 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS CITY CLERK - COMMON COUNCIL - LEGISLATIVE We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that it is necessary that the sum of $4,000 be transferred and reappropriated from the City Clerk, as set forth below: From: City Clerk 10220006 - 434000 Other Contractual Services $4,000 To: Legislative Travel 10109004 - 458001 Transportation $2,000 10109004 - 458002 Meals & Lodging $2,000 Dated: Buffalo, NY, September 10, 2007 RECEIVED AND FILED NO. 15 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS COMMON COUNCIL - LEGISLATIVE We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that it is necessary that the sum of$31,267 be transferred and reappropriated within Common Council Legislative, as set forth below: From: Common Council Legislative 10220001 - 412002 Hourly Salary $ 8,379 10220006- 434000 Other Contractual Services $22,888 To: Legislative- Personal Services 10103001 411001 Salary $27,258 10114001 411001 Annual Salary $ 4,009 RECEIVED AND FILED NO. 16 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS GENERAL CITY CHARGES - STRATEGIC PLANNING We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that it is necessary that the sum of $1,000,000 be transferred and reappropriated from the Grant -In -Aid Freeze Funds, as set forth below: From: General City 17111006 - 490000 Grant -In -Aid Freeze Funds $1,000,000 To: Strategic Planning 10309006 - 480000 Other Services $1,000,000 RECEIVED AND FILED NO. 17 CERTIFICATE OF NECESSITY INCREASED APPROPRIATION FUND BALANCE POLICE & FRINGE BENEFITS We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -11 of the Charter, that an increase in the stun of $2,334,562.25 in the estimates for the fiscal year beginning July 1, 2007 is necessary in Appropriation Allotments - Police Salary & Fringe Benefit accounts, to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from 10000000 - 253000 Unreserved Fund Balance, not otherwise appropriated for any other purpose. The details of the requirements are set forth below: 10000000- 253000 $2,334,562.25 To: 12000001-411001 Police Administration $ 28,758.22 12001001-411001 Detective 232,407.27 12003001-411001 Patrol Services - Salary 1,120,237.98 12020001-411001 Traffic 32,126.36 12021001-411001 Admin & Communication 38,930.31 12003001-411001 Patrol Services - Overtime 323,906.95 12003001-411001 Patrol Services - Holiday Pay 47,439.01 12003001-411001 Patrol Services -Court Time 108,953.00 12003001-411001 Patrol Services - Perfect Attendance 24,242.99 17302002 - 422000 FICA 149,710.66 17303002 - 423002 PFRS 227,849.50 2,334,562.25 RECEIVED AND FILED NO. 18 ABATEMENT OF UNCOLLECTIBLE ACCOUNTS RECEIVABLE INVOICES ATTACHED HERETO IS A LISTING OF VARIOUS ACCOUNTS RECEIVABLE INVOICES TOTALING $7,178,190.38. DIRECTOR OF TREASURY /COLLECTIONS MICHAEL A SEAMAN TURNED THESE ACCOUNTS OVER TO MERCANTILE, A COLLECTION AGENCY; THEY HAVE WORKED FOR 90 DAYS AND DEEMED THEM UNCOLLECTIBLE. AS REQUIRED BY CITY CHARTER, YOUR REVIEW AND APPROVAL IS NEEDED TO REMOVE SUCH OPEN ACCOUNTS FROM THE CITY'S RECORDS. SINCE AN AMOUNT HAS BEEN RESERVED IN PRIOR YEARS TO PROVIDE FOR THE POSSIBILITY THAT THESE ACCUNTS WOULD BECOME UNCOLLECTIBLE, THERE WILL BE NO IMPACT ON THE CITY'S FUND BALANCE. REFERRED TO THE COMMITTEE ON FINANCE NO. 19 PROPOSED CREATION OF AN OFFICE OF INSPECTOR GENERAL ITEM NO. 105, CCP, 9/18/07 You requested a response from the Comptroller regarding the proposed creation of an Office of Inspector General. Given recent events involving alleged criminal activity involving high- ranking City employees, I agree there is a need to increase this government's focus on weeding out waste, fraud and abuse. However, I believe it should be done in a manner that promotes real accountability, independence and fiscal prudence. It is my position that the City does not need to create a separate inspector general as I believe it was the intent of the City's founders that the Comptroller serve that function. As a separately elected chief fiscal officer for the City of Buffalo, it is the role of the Comptroller to serve as watchdog over the affairs of the City government. The Department of Audit and Control is independent from the executive and legislative branches of government. It was designed that way to maintain the checks and balances necessary to promote good, clean and open government. As a municipal government, we have been focused on the daily tasks of providing services to our citizens and stakeholders while staying within our budgetary means. The recent controversies within City Hall would not have been prevented whether or not an inspector general was in place. The key to cracking down on waste, fraud and abuse in government is access to key information. Such information is usually held by our most valuable resource, our own City workforce. When wrongdoing is taking place, they need an outlet to allow them to reveal what is happening, without fear of reprisal. The first step toward correcting these ills is the installation of a Fraud Hotline and website that is operated by the Comptroller's Office and investigated by civil service employees within the Audit Division. Institutionally, it is traditional for a separately elected comptroller to house this critical function, such as it is done in the New York State Comptroller's Office. This is important as people employed by the Administration would be far more willing to report corruption at the highest levels to someone who is not their employer. A Mayoral appointee as inspector general will always have primary loyalty to his or her appointing authority. It is not my intention to suggest that the Mayor would purposely endorse the prospect of a scheming inspector general, but rather that the interest of transparency are not best served by an inspector general with one master. Anyone whistle - blowing to the Comptroller can be assured their tip will be kept in the strictest confidence, and their identity, if known, will be protected. The Hotline, which will be in operation shortly, would be bolstered by the establishment of an internal Fraud Committee, comprised of members of the Comptroller's Office and the Administration. This has been recommended by the City's outside auditors as part of the City's risk assessment program. My Office has already been discussing this with the Administration and hope to make earnest progress in this area shortly. A Fraud Committee, as part of its ongoing work, would receive reports from the Hotline and recommend further review and action, when warranted. If public corruption and /or criminal activity is discovered, the New York State Comptroller stands ready to assist in any investigation, and if necessary, the Erie County District Attorney can be consulted. At a time when the City of Buffalo is trying to re- establish its firm financial footing, creating a new high - paying job in City Hall is wasteful and duplicative. The Comptroller's Office already has the inherent authority to conduct audits, examine all financial records and contracts undertaken by the City and review the operations of all departments. Given the proper tools, this office can serve just as effectively as an inspector general, avoiding any problems of conflicts of interest or questions of accountability. A separately elected official performs that role without question. As has been seen recently with the Governor's "Troopergate" scandal, an inspector general appointed by the chief executive may be hampered by the inability to investigate her own employer. Even the most well- intentioned inspector general cannot refute this inherent conflict of interest and potential appearance of impropriety. Since the City of Buffalo does not have a separately elected Attorney General, it is left to the Comptroller and the Common Council to provide the check on the City Administration's activities. By the powers granted under the City Charter Section 3 -7, the Mayor, the Council and the Comptroller have the power to issue subpoenas and investigate "matters of concern to the City and its inhabitants." However, the Comptroller's powers of investigation are further defined in Section 7 -6 of the Charter to include "unrestricted access to all employees, officials, offices, records, reports, files, data, accounts, equipment, property, facilities, information...," which should indicate a strong intent that the Comptroller is the primary investigator of matters related to City government. The Department of Audit and Control has consistently stood for propriety and efficiency in government. I agree with the Common Council that continued confidence in City government requires that we operate in an open, transparent and ethical manner. As Comptroller, that has been my rule from Day One, and will remain as such until my last day in office. REFERRED TO THE COMMITTEE ON CIVIL SERVICE & CORPORATION COUNSEL FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION No. 20 B. Davis - Washington County Tax Foreclosure Sale Item #80, C.C.P. 09/04/07 The above item was referred to the Department of Assessment and Taxation. The materials attached to this filing deal with the auction of property owned by Washington County, New York. In a telephone discussion William McCarty, Director of Real Property for Washington County explained that the property auction held on June 16, 2007 comprised parcels Washington County had previously taken title to for unpaid tax liens and therefore the County was able to dictate the bidding process, accept sealed bids and impose other limitations in the same way any owner can dictate the terms and conditions of the sale of their property. The process referenced in this filing should more appropriately be referred to Strategic Planning, Real Estate for comment on the disposition of city owned property. As a matter of fact the City of Buffalo apparently contracted with the Washington County auctioneer, Auctions International, to conduct a similar sale of city owned property on Saturday, September 22, 2007 so information should be available on the actual process and cost to the City. It is important that the distinction is made between the tax foreclosure auction conducted by the City of Buffalo, Department of Assessment and Taxation for unpaid tax and sewer, user fee and water and sewer liens on properties under the ownership of private parties and a sale of property already owned by the City of Buffalo. The City does not take title to properties prior to auction; and only takes title to those properties when no bid is made and the parcel is "struck to the city" upon request of Strategic Planning or Permits and Inspections. Under NYRPTL the option does exist for the City to take title to all properties once judgment is obtained without going to auction but this means all liens are wiped out, no bid funds are available to offset the liens being cancelled, the City of Buffalo becomes responsible for the upkeep and liability for these properties and would have to incur the expense of marketing them in order to return the property to taxable status. As long as the City continues to foreclose for unpaid liens and does not assume title following judgment it makes no sense to hire a company, for a fee or a percentage of the bid price, to run the City's foreclosure for unpaid liens when city employees can conduct the process in- house. If the City wishes to contract with an auctioneer to dispose of those parcels already owned by the City that is an issue for discussion with another department. RECEIVED AND FILED FROM THE COMMIISSIONER OF PUBLIC WORKS, PARKS, AND STREETS NO. 21 Change in Contract Broadway Depot Emergency Roof Reconstruction Job #0705 Ellicott District I hereby submit to Your Honorable Body the following changes for the Broadway Depot, Emergency Roof Reconstruction, C #92011259 1. Additional work necessary to replace section of deteriorated roof. ADD $24,885.00 The foregoing change results in a net increase in the contract of Twenty Four Thousand Eight Hundred Eighty Five and 00/100 Dollars ($24,885.00). SUMMARY Current Contract Amount $144,753.00 Amount of This Change Order ( #20 Add $ 24,885.00 Revised Contract Amount $169,638.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 36322206 445100 — Division of Buildings. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated September 21, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 2, an increase in the amount of $24,885.00, as more fully described in the above communication, for work relating to Job No. 0705, Broadway Depot, Emergency Roof Reconstruction, C #92011259. Funds for this project are available in 36322206 445100 - Division of Buildings. PASSED AYES — 9 NOES — 0 NO. 22 Change in Contract City Wide Sidewalk Replacement - 2006 Group #658, Contract #92011257 P & J Construction Co., Inc. Item #28 of C.C.P. 6/26/07 Item #49 of C.C.P. 11/28/06 1 hereby submit to your Honorable Body the following unit price additions to the contract for the above named Project. This change order is necessary to complete additional tree root and hazardous locations encountered during the construction operations on a District by District basis. Contract Unit Estimated Estimated Item Description Price Quantity Cost R05.204 Concrete Sidewalks & Approaches $5 /sq.fi. 18,000 sq.ft. $ 90,000 4" Replacement R05.205 Concrete Sidewalks & Approaches $5.50 /sq.fl. 15,500 sq.ft $ 85,250 5' Replacement 11.110 Hydroseed $0.20 /sq.ft. 33,500 sq.ft. $ 6,700 12.110 Maintenance & Protection of Traffic Lump Sum as Necessary $ 2,000 90.500 Construction Allowance Lump Sum as Necessary $ 5,000 613.0101 Topsoil $50 /cu.yd. 221 Total $ 200,000 Existing Contract Amount $1,367,407 Increase in Contract $ 200,000 Revised Contract Amount $1,567,407 1 respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that your Honorable Body approve the subject Change order and authorize the Commissioner of Public Works to issue said change order to P & J Construction Co., Inc. Funds for this work are available in our Capital Project accounts #30032106..445100. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated September 7, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to P & J Construction Co., Inc., an increase in the amount of $200,000, as more fully described in the above communication, for work relating to Job No. 658, City Wide Sidewalk Replacement - 2006, Group #658, C #92011257. Funds for this project are available in Capital Project account #30032106 - 445100. Passed AYES — 9 NOES — 0 No. 23 Change in Contract Kandey Company Inc. Contract #92011201 Ellicott I hereby submit to Your Honorable Body the following change order for this contract. This contract is for the replacement / rehabilitation most exterior doors and key interior doors at the Colonel Ward Treatment Complex and miscellaneous doors at other Division of Water facilities. This project is the second phase to be funded with homeland security funds to address perimeter security including new fencing and door access and control. This change order is necessary to perform the following: 1. Replacement of the window front, door including enclosure of the Meter Office / Shop front entrance. Cost: $24,640.00 2. Replacement of three additional doors located at offsite facilities (i.e. 25 Bailey Ave. and Joslyn St.). Cost: &10,577.00 3. Additional work for two doors located in the Colonel Ward Treatment Building and Colonel Ward Administration Wing. Cost: $6,205.00 Repair or replacement of existing hardware, doors and /or frames found to be defective and /or worn beyond repair for ten doors located in the Colonel Ward Pump Station. Cost: 14,898.00 4. Repair or replacement of existing hardware, doors and /or frames found to be defective and /or worn beyond repair for ten doors located in the Colonel Ward Pump Station Cost $14,898.00 5. Repair or replacement of existing hardware, doors and /or frames found to be defective and /or worn beyond repair for six doors located in the Colonel Ward Pump Station Administration Wing, Colonel Ward Pump Station, and Thickener Building. Cost: $5,868.00 6. Providing an audio /video link & electric door release feature to the dispatch office for personnel /customers to enter through the customer service entrance. Cost: $9,848.00 7. Replacing the weather stripping on the customer service door with astragal, removing exit bar and associated hardware, filling of door holes and painting. Cost: $1,047.00 8. Providing keypad entry, change -out of wireless access control equipment, conduit and cable, programming and testing for two doors located in the Colonel Ward Pump Station hydrant storage area. Cost: $10,589.00 9. Providing 120 volt electrical power, safety stops, circuit breakers and wiring controllers for two overhead doors located in Treatment Building Bead House and Low Lift Pump Station. Cost: $5,252.00 10. Providing a key cutting machine and required software enabling facility to provide keys for all doors including buildings and vehicles. Cost: $7,679.00 11. Providing additional doors, frames, hardware and glazing for ii doors located throughout the facility. This work was either not included in the original contract or was found to be required as unforeseen conditions did not permit work via original contract. Cost: $28,467.00 Costs by item number are shown below: Items Cost ($) Item 1 $24,640.00 Item 2 $10,577.00 Item 3 $6,205.00 Item 4 $14,898.00 Item 5 $5,868.00 Item 6 $9,848.00 Item 7 $1,047.00 Item 8 $10,589.00 Item 9 $5,252.00 Item 10 $7,679.00 Item 11 $28,467.00 Total $125,070.00 Contract Amount: $554,992.00 This Change Order: $125,070.00 Total Contract $680,070.00 1 respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to Kandey Company, Inc for $125,070.00. Funds are available in the account 24147486 and are part of the homeland security grant. The remaining funds are available in a Division of Water account 53023517. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated September 26, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to Kandey Company, Inc., an increase in the amount of $125,070.00, as more fully described in the above communication, for work relating to Colonel Ward Treatment Complex, C #92011201. Funds for this project are available in account 24147486 and remaining funds from Division of Water account 53023517. Passed AYES -9 NOES -0 NO. 24 Change in Contract Police Garage Reconstruct Fire Protection System Job #0613 Ellicott District I hereby submit to Your Honorable Body the following changes for the Police Garage, Reconstruct Fire Protection System, Simplex Grinnell, C #92011231. 1. Additional work required on sprinkler system due to leaking valves with no replacement parts available; replace with three new Tyco Alarm Valves. The foregoing change results in a net increase in the contract of Seven Thousand Two Hundred and 00/100 Dollars ($7,200.00). SUMMARY CURRENT CONTRACT AMOUNT $678,760.00 AMOUNT OF THIS CHANGE ORDER( #2) ADD $7,200.00 REVISED CONTRACT AMOUNT $74,960.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 38321106 445100 - Division of Buildings. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated September 26, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 2, to Simplex Grinell, Inc., an increase in the amount of $7,200.00, as more fully described in the above communication, for work relating to Job No. 0613, Reconstruct Fire Protection System, C #92011231. Funds for this project are available in 38321106 445100 - Division of Buildings. PASSED AYES — 9 NOES — 0 NO. 25 ELECTRICITY SERVICES CREDIT ITEM NO 96 OF CCP 01/23/2007 The Department of Public Works, Parks and Streets has determined that the City of Buffalo is not eligible to participate in the agreement announced on January 17, 2007 between NYSEG and the New York State Public Service Commission, case #05 -E- 1222. NYSEG does not deliver electricity to the City of Buffalo. National Grid has the franchise agreement to deliver electricity to the City, consequently we are not eligible for the credit. RECEIVED AND FILED No. 26 GRASS CUTTING INVOICE TRANSFERS In accordance with Chapter 341, Article I of the City Ordinance, I am herewith attaching a list of parcels of land in the City of Buffalo, owners or persons having charge of such lands and the cost of cutting grass and weeds on these properties by the Department of Public Works, Parks & Streets, Division of Streets during the months of June 2007. The Department of Public Works, Parks & Streets, Division of Streets is requesting that the following invoices be abated from miscellaneous accounts receivable and that the Commission of Assessment & Taxation places the charge(s) on the Local tax rolls. 2008 Total - $7,670.00 REFERRED TO THE COMMITTEE ON FINANCE NO. 27 Permission to retain Consultant Athletic Field Watering Systems (South, Ellicott, Fillmore, Masten) Permission is requested from your Honorable Body to hire a consultant for design services related to proposed Athletic Field Watering Systems for LaSalle Tifft, Emerson, & Gleasner football fields. I have previously requested proposals from Stearns & Wheler, CRA, Nussbaumer & Clarke, TVGA, and DiDonato & Assoc. On September 21, 2007 1 received proposals from Stearns & Wheler, CRA, Nussbaumer & Clarke, and TVGA. Upon review of the proposals Department of Public Works staff has recommended retaining Nussbaumer & Clarke. I hereby request permission to enter into a design contract with Nussbaumer & Clarke for $35,850.00, funds for this work are available in Bond Account 30311406-445100. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated September 26, .2007 be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to enter into a design contract with Nussbaumer & Clarke for design services related to Athletic Field Watering Systems for LaSalle, Tifft, Emerson & Gleasner football fields in the amount of $35,850.00. Funds for this project are available in Bond Account 30311406 - 445100. Passed. AYES -9 NOES -0 NO. 28 Permission to retain Consultant MILK Park Shelter House Renovation (Masten) Permission is requested from your Honorable Body to hire a consultant for design services related to Renovation of the MLK Park Shelter House. I have previously requested proposals from Stieglitz Snyder, Foit - Albert, BHNT, HHL, and Architectural Resources. On September 21, 2007 1 received proposals from Stieglitz Snyder, Foit - Albert, and BHNT. Upon review of the proposals Department of Public Works staff has recommended retaining Stieglitz Snyder. I hereby request permission to enter into a design contract with Stieglitz Snyder for $59,400, funds for this work are available in Bond Account 30311406-445100. Mr. Bonjfacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated September 26, 2007 be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to enter into a design contract with Stieglitz Snyder for design services related to Renovation of the MLK Park Shelter House in the amount of $59,400. Funds for this project are available in Bond Account 30311406-445100. No. 29 Report of Bids City Hall — 311 Call Center Reconstruction Portion 2 nd Floor Job #0742G Ellicott District I advertised for on August 17, 2007 and received the following formal sealed bids for City Hall, 311 Call Center, Reconstruction Portion 2 nd Floor, which were publicly opened and read on August 29, 2007. Miller Enterprises $74,000.00 12 Newfield, Buffalo, NY The Hadala Corp $89,700.00 325 Grote, Buffalo, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Miller Enterprises, with a bid of Seventy Four Thousand and 00/100 Dollars ($74,000.00), 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 bid. Funds for this project are available in 24310547 47400 — Division of Citizen Services Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated September 12, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for City Hall - 311 Call Center, Reconstruction Portion 2 nd Floor, Job #0742G to Miller Enterprises, the lowest responsible bidder, in the amount of $74,000.00. Funds for the project are available in 24310547 474100 - Division of Citizen Services. Passed. AYES — 9 NOES — 0 NO. 30 Report of Bids Martin Luther King, Jr. Park Greenhouse Potting Shed Roof Reconstruction Job #0745 Masten District I advertised for on August 30, 2007 and received the following formal sealed bids for the Martin Luther Kind, Jr. Park, Greenhouse Potting Shed, Roof Reconstruction, which were publicly opened and read on September 11, 2007. METRO DEVELOPMENT $49,921.00 54 BANK, ORCHARD PARK NY GROVE ROOFING $55,000.00 131 READING, BUFFALO, NY PROGRESSIVE ROOFING INC $65,000.00 331 GROTE, BUFFALO, NY JAMESON ROOFING $69,000.00 3761 E LAKE, DUNKIRK, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Metro Development, with a bid of Forty Nine Thousand Nine Hundred Twenty One and 00/100 Dollars ($49,921.00), 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 bid. Funds for this project are available in 38320906 445100 - Buildings. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated September 19, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Martin Luther King, Jr. Park, Greenhouse Potting Shed, Roof Reconstruction, Job #0745 to Metro Development, the lowest responsible bidder, in the amount of $49,921.00. Funds for the project are available in 38320906 445100 - Buildings. PASSED AYES -9 NOES -0 NO. 31 Certificate of Appointment Appointment Effective: 09/13/2007 in the Department of Public Works Division of Streets to the Position of Motor Equipment Mechanic Provisional Appointment Intermediate Starting Salary of $31,743 Michael Alessi 8186 Schreniner Rd Eden NY 14057 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 32 CERTIFICATE OF APPOINTMENT Appointment Effective September 24, 2007 In the Department of Public Works, Parks & Streets Division of Water to the position of Water Meter Mechanic Temporary Appointment at the Maximum Starting Salary of $33,350.00 Andrew Barth 157 Parkview Ave Buffalo NY 14210 REFERRED TO COMMITTEEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 33 Drug Asset Forfeiture Wire Transfers Item No. 104, C.C.P. 2/2/88 03 -DEA- 417394 C2-02 -0152 2,398.33 06 -DEA- 473165 C2-06 -0142 5,970.49 07 -DEA- 481060 C2 -07 -0064 3,263.89 05- FBI - 005794 USC310006048 8,265.00 07 -DEA- 481229 C2 -07 -0039 379.98 03 -DEA- 417394 C2 -02 -0152 3,578.41 (15% SAFE) TOTAL $23,856.10 The Drug Enforcement Administration (DEA) and /or U.S. Customs 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. 15% of these funds have been deposited into SAFF account 10326 for fulfilling year 2 expenditures under SAFF legislation. The remaining funds will be placed into one or more of the following accounts as deemed necessary by the Commissioner of Police: Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624 RECEIVED AND FILED NO. 34 CERTIFICATE OF APPOINTMENT Appointment Effective: 07/01/2007 in the Department of Police Division of Commissioner's Office to the Position of Public Safety Communications Director Permanent Appointment Flat Starting Salary $70,000 Michael DeGeorge 271 Huntington Ave Buffalo, NY 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CORPORATION COUNSEL NO. 35 CLAIMS COMMITTEE MEETING WEDNESDAY, OCTOBER 10,2007 HON MICHAEL P KEARNS, CHAIRPERSON AGENDA A. 1. Gregory Olma v. City and County of Erie A. 2. Lawrence Chojnicki PROPERTY DAMAGE B. 1. A. Gareleck & Sons v. O'Herron v. City B. 2. Dale Bless B. 3. Harold Hooper B. 4. Joseph Komorowski B. 5. Pauline Kosmoski B. 6. Marlene Myree B. 7. National Fuel B. 8. Mary O'Brien B. 9. Darling Olivero B. 10. Angelina Piraino B. 11. Edward Weihing MISCELLANEOUS REIMBURSEMENT C. 1. Monique Halton C. 2. Joseph Hanson C. 3. Donald Puccio D. 1. AAMCO Transmissions D. 2. Dennis J Campagna PERSONAL INJURY $15,000.00 $ 2,500.00 $750.00 $92.50 $122.12 $799.18 $24.00 $712.44 $555.22 $51.31 $1975.00 $4655.83 $196.20 $90.00 $200.00 $2.50 MISCELLANEOUS INVOICES $560.00 $1500.00 D. 3. Colucci & Gallaher $1006.50 D. 4. First Niagara Risk Mgt $497.33 D. 5. First Niagara Risk Mgt $3837.38 D. 6. Hiscock & Barclay $2428.35 D. 7. Hodgson Russ, LLP $10,104.60 D. 8. Jaeckle Fleischmann & Mugel $11,156.00 D. 9. The HD Group Inc $1175.00 D. 10.Xerographic Solutions $1242.00 D. 11.Mercantile Adjustment Bureau Inc $124.12 BRH Inc /POS Card Systems $3495.15 M &T Bank $1220.74 City Treasurer (cleaning account) $6857.06 REPORT TO THE CLAIMS COMMITTEE E. 1.Edward Good REFERRED TO THE COMMITTEE ON CLAIMS NO. 36 CERTIFICATE OF APPOINTMENT Appointment Effective July 30, 2007 in the Department of Law to the Position of Assistant Corporation Counsel II Permanent, Non - Competitive Intermediate Starting Salary of $59,158.00 John Cotter Jr 161 Stoneridge Court East Aurora NY 14052 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 37 FOOD STORE LICENSE 2534 BAILEY (LOVEJOY) 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 2534 Bailey (Kaftan Take Out) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 38 FOOD STORE LICENSE 1245 DELAVAN EAST (LOVEJOY) 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 1245 Delavan East (City Market & Deli) 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. That the above communication from the Department of Economic Development, Permit and Inspections Services dated September 13, 2007, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit god Inspections Services be, and he hereby is authorized grant a Food Store License to Hatem Hassan located at 1245 Delavan East (City Market & Deli). Regarding the proposed change to the delicatessen license approval process, the following items sold at some delicatessens and similar type food stores are commonly utilized in the use, packaging and trafficking of narcotics, marihuana, and other illegal drugs. If I may be of further assistance, please contact me directly at 851 -4570: Zip -lock bags Y2' x Y2' Used to package cocaine and crack - cocaine Zip -lock bags 1 "x1 %2 "x2" Used to package Marihuana and other drugs 3" —5" hollow glass rods (pipes) Used to Smoke crack - cocaine Cigarette rolling paper Used to roll and smoke a marihuana cigarette Single Cigars (Philly blunts) Used to mix and smoke marihuana Mr. Bonifacio moved That the above communication from the Department of Economic Development, Permit and Inspections Services dated September 13, 2007, 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 Haten Hassan located at 1245 Delavan East (City Market & Deli). PASSED (With above conditions) AYES - 9 NOES -0 NO. 39 FOOD STORE LICENSE 318 HAMPSHIRE (NIAGARA) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 318 Hampshire (Bills' Comer) 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 (granted a 6 month conditional approval provided they maintain a trouble free location) and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION, NO. 40 FOOD STORE LICENSE 279 JEFFERSON (ELLICOTT) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 279 Jefferson (Buffalo Discount Food Market) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 41 FOOD STORE LICENSE 1440 KENSINGTON (UNIVERSITY) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1440 Kensington (AM PM Gas Mart) 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 (granted a 6 month conditional approval provided they maintain a trouble free location) and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON FINANCE NO. 42 FOOD STORE LICENSE 235 MASSACHUSETTS (NIAGARA) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 235 Massachusetts (Amigo Stop) 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 (granted a 6 month conditional approval provided they maintain a trouble free location) 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 September 13, 2007, 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 Wogod Ahmed located at 235 Massachusetts (Amigo Stop) with the following conditions: Graffiti Removal (§ 341 -7) It shall be the responsibility of the owner to restore any surface marred by graffiti -to a clean state of maintenance and repair. The owner will have 10 days to comply with article. Noncompliance of this article will force the City to perform the necessary work and shall charge and bill owner of the cost of such services. Garbage & Refuse (§ 341 -1) It shall be the duty of every owner to cut and remove all overgrown weeds, grass, brush and other vegetation and to remove all garbage and debris on the premises each and every year to maintain the premises in a sanitary and orderly condition. The owner will have five days to comply with this article. Noncompliance of this article will force the City to issue a fine of $150 in addition to any other penalty provided in the Code of the City of Buffalo or in any other law. o Solicitation & Loitering (§ 161,294, 313, & 316) No owner shall allow the congregation of more than 1 person to remain idle, wander, stroll, or walk around aimlessly in front of the storefront with the intent to sell drugs, stop motor vehicles, interfere with the free passage of persons, and /or solicit money or goods from such persons. If the congregation refuses to move, it is expected that the Police Department be called immediately to assist in the removal of the loitering group. ProperSignage (§ 387 -17, 25, 28, & 31) Any sign placed against the exterior wall of a building shall not extend more than 18 inches outside the wall surface. No person shall place, attach or maintain any sign of any nature on any property belonging to the City of Buffalo without obtaining consent from the City to do so. No portable sign shall encroach upon the public right -of -way and /or obstruct means of public access or egress without City approval. All signs are expected to be mounted in the proper manner thereupon ensuring the safety for nearby pedestrians and City property. Noncompliance of any provision shall be liable to a fine or penalty of up to $250 It shall be unlawful for any person to place a tobacco advertisement in any publicly visible location on or within 1,000 feet of the perimeter of any school premises, playground or playground area in a public park, day -care center, children's institution, or youth center. Noncompliance; violators of this provision may receive a fine of up to $300 for the first violation; not more than $500 for the second violation within a two -year period; and not more than $1,000 for the third and each subsequent violation within a two -year period. I am requesting that storeowners not place signs on the windows of the store thereby — preventing the visual access of the inside of the store. PASSED (with above conditions) AYES - 9 NOES -0 NO. 43 FOOD STORE LICENSE 1892 SENECA (SOUTH) 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 1892 Seneca (Mastrianni's) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 44 FOOD STORE LICENSE 973 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 973 Tonawanda (Riverside Grocery Store) 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 (granted a 6 month conditional approval provided they maintain a trouble free location) 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. That the above communication from the Department of Economic Development, Permit and Inspections Services dated September 13, 2007, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspecti.Ons Services be, and he hereby is authorized to grant a Food Store License to Jeremie Jones located at 973 Tonawanda (Riverside Grocery Store). PASSED AYES - 9 NOES -0 NO. 45 RESTAURANT DANCE LICENSE (RENEWAL) 2046 FILLMORE (MASTEN) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 2046 Fillmore (New Golden Nugget Inc.) for which said renewal application for a Restaurant Dance Class It license is being sought by Curtis Drake and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 46 SECOND HAND DEALER 1590 HERTEL AVE (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 1590 Hertel Ave 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 Frank Hertel. The attached thereto for Frank Hertel d /b /a River School Antiques. This request is submitted for your approval or whatever action you deem appropriate. That the above communication from the Department of Economic Development Permit and Inspections Services dated September 24, 2007 be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspections Services be, and he hereby is authorized to grant a Second Hand Dealer license to Frank Hertel d /b /a River School Antiques located at 1590 Hertel Avenue. PASSED AYES - 9 NOES -0 NO. 47 USED CAR DEALER 411 WALDEN ( 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 411 Walden 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 Sameer Khaul. The attached thereto for Sameer Khaul dba /Allstate Auto. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 48 AUCTION VEHICLE FOR CITY USE This is to request authorization for the Division of Parking Enforcement to takeover use of a 2006 Chevy SUV, property number 02102007,003,DPE. The owner of record, Omar S. Reese was notified by certified mail on April 23, 2007 that the vehicle Would be auctioned if not claimed. Mr. Reese did not' \respond to the notice. The lienholder, Capital One was notified by certified mail on April 27, 2007 that the vehicle would be sold at auction if not claimed. Capital One did not respond to the notice. The vehicle remains unclaimed and may now be sold at public auction or converted to official use pursuant to the New York State Vehicle and Traffic Law. Mr. Bonifacio moved That the above communication from Administration and Finance /Division of Purchase dated August 9, 2007, be received and filed; and That this Common Council hereby rescinds it approval to transfer this vehicle to the Police Department as stated in Item No. 24, CCP September 18, 2007 and hereby approves the transfer of this vehicle to the Division of Parking Enforcement contingent on, that concurrent with its use, there be no increase in the number of vehicles designated as authorized for take -home use, that this vehicle be marked in accordance with Chapter 53 of the City Code, and that the replaced vehicle be removed from City service and disposed of in the best interests of the City. PASSED (With the above conditions) AYES - 9 NOES -0 NO. 49 DISPOSAL OF VEHICLE /EQUIPMENT THE DIVISION OF PURCHASE WOULD LIKE TO REQUEST PERMISSION TO DISPOSE OF BY MEANS OF SCRAP /AUCTION THE FOLLOWING: S -397 & S -398 1998 WILKINS TRAILER UNUSABLE STEEL RIMS FROM POLICE GARAGE That the above communication from Administration and Finance /Division of Purchase dated August 9, 2007, be received and filed; and That the Director of Purchase be, and she hereby is authorized to dispose of S -397 & S -398 Wilkins Trailer and unusable steel rims from the Police Garage by scrap or auction. PASSED AYES - 9 NOES — 0 FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO. 50 CERTIFICATE OF APPOINTMENT AMENDED Appointment effective 9/20/2007 in the Department of Administration and Finance, Policy & Urban Affairs, Division of Budget to the Position of Secretary to the Commissioner of Ad, Fin Policy & Urban Affairs, Exempt, Non Competitive at the flat starting salary of $29,138 Marlene Anderson, 1564 Jefferson Avenue, Buffalo, NY 14208 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CITY CLERK NO. 51 NOTICE OF INTENTION [DEDICATION AND STREET NAMING SYDNI LANE SYCAMORE VILLAGE SUBDIVISION PROJI (PW)(CCP# 87,9/18,CCP# 31,9/4) (HRG 10/16) Per your Resolution, this is to advise you that a public hearing for the above item is set for Tuesday, October 16, 2007 at 2:00 pm in the Council Chambers and will be advertised in the Buffalo News on Friday October 5, 2007 and Friday October 12, 2007. RECEIVED AND FILED NO. 52 MINUTES OF THE BOARD OF ETHICS Attached please find the minutes of the August 21, 2007 Board of Ethic meeting. CITY OF BUFFALO BOARD OF ETHICS MEETING AUGUST 21, 2007 Present: Douglas Coppola James Magavern Gerald Chwalinski Richard Sullivan Sylvester Harold Alisa A. Lukasiewicz Excused: Eleanor Paterson Cavette Chambers, of Counsel Item # 1) Roll Call Item #2) Mr. Magavern moved to accept the minutes of the June 19, 2007 meeting seconded by Mr. Coppola. All were in favor and the minutes were received and filed. Rem #3) The board received and filed a letter prepared by its secretary welcoming a new board member - Mr. Oluwole McFoy - Bflo. Water Bd. Mr. Coppola instructed the boards' secretary to please send out a second notice should Mr. McFoy fail to file by the imposed deadline date of September 10, 2007. Item #4) Mr. Coppola addressed communications sent before the Common Council regarding a proposed amendment to the City of Buffalo Code of Ethics. Mr. Chwalinski informed the Board that the item was tabled by the Common Council and forwarded to the Committee on Legislation. Mr. Coppola asked that Mr. Chwalinski keep the board updated on its status. Item #5) The board reviewed a transactional disclosure submitted by Mr. Peter Cutler, Director of Communications for the Mayor's Office. Ms. Lukasiewicz, Corporation Counsel informed the board that she had spoke directly with Mr. Culter on the issue and informed him that he should file the disclosure and pay the difference above the $100.00. She further stated that Mr. Cutler has no control or any authority as it relates to any business with Kaleida. Mr. Magavern's abstained from voting stating that his firm handles legal work for Kaleida Health. Noting for the record Mr. Magavern's request to abstain from the vote the board moved to receive and file the item, seconded by Mr. Chwalinski. All were in favor. Item #6) An informational letter received by the Board from Mr. Louis J. Petrucci was received and filed by the board. The intent of Mr. Petrucci's letter was to inform the Ethics Board of his additional appointments to the Buffalo School Board as the Park District representative and to the Joint Erie County /City of Buffalo Parks Advisory Board. A copy of the letter will be attached to the original filing of his Annual Financial Disclosure Statement. Item #7) The board next received and filed a travel request reported by Mr. Peter Merlo, Department of Public Works. Mr. Merlo was a presenter at the American Water Works National Conference held in Toronto, Ontario. Mr. Chwalinski noted that Mr. Merlo paid his own expenses for this trip. Old Business: Item #1 .) The board reviewed a letter prepared by Cavette Chambers, Corporation Counsel regarding a request for opinion. Mr. Coppola invited comment from the board, hearing none the board moved to send the letter marked "confidential" to the individual requesting the opinion and keep a blind copy on record for public review. Mr. Magavern stated that the board should express appreciation to Ms. Chambers for her work, seconded by Mr. Coppola. Item #2.) Mr. Sullivan stated that he'd get back on the Code of Ethics Handbook Project with a new year starting up. Mr. Magavern mentioned to the board that there is a model Code of Ethics prepared by a temporary commission that he believes is a real good piece of work that the Board may want to take a look at. He stated that he would send a copy of the Code to the boards' secretary to be distributed to all board members for discussion at its next meeting. The next meeting of the Board of Ethics was set for Tuesday, September 18, 2007 in City Hall, Room 1317 at 9:00 a.m. Meeting adjourned. RECEIVED AND FILED NO. 53 FILING COPIES OF COUNCIL & CITISTAT MEETING TAPES (RES. 104, CCP 911812007) September 19, 2007 Honorable Common Council; Throughout the course of the year, our office receives requests for copies of the Common Council meetings by various City Departments including the Law Department, as well as the general public. Our copies are audio, and at times it is difficult to determine who is speaking. As the Records Management Officer for the city, we would be able to store these copies at our off -site records center, and could be viewed by citizens who do not have cable TV, or access to the government channel. Sincerely; Gerald A. Chwalinski City Clerk RECEIVED AND FILED NO. 54 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 929 Elmwood BEL CIBO MARTIN PALAME RECEIVED AND FILED NO. 55 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: Police- TABITHA PITTS., STACY LEWIS Administration, Finance & Urban Affairs- INGRID JACOBSEN RECEIVED AND FILED NO. 56 NOTICES OF APPOINTMENTS COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Bonifacio moved the approval of the appointments to the position of Council Intern. ADOPTED. CERTIFICATE OF APPOINTMNET Appointment Effective: September 10, 2007 in the Department of Common Council, Masten District to the Position of Intern 11, Seasonal, Non Competitive at the Flat Starting Salary of $7.15/hr Alonzo Barnes, 511 Cambridge Ave, Buffalo, Ny 14215 CERTIFICATE OF APPOINTMENT Appointment Effective: September 10, 2007 in the Department of Common Council, Masten District to the Position of Intern VI, Seasonal, Non Competitive at the Flat Starting Salary of $10.00 /hr LaShandra Williams, 4 Maryner Towers -203, Buffalo, NY 14201 NO. 57 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. CERTIFICATE OF APPOINTMENT Appointment Effective September 24, 2007 in the Department of Strategic Planning Division of Real Estate to the Position of Laborer II Seasonal Appointment at the Flat Starting salary of $8.15 per hour Kerwin Boswell, 539 Sherman Street, Buffalo 14211 NO. 58 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 COMMITFEE ON CIVIL SERVICE. CERTIFICATE OF APPOINTMENT Appointment Effective July 30 2007 in the Department of Law to the Position of Assistant Corporation Counsel I (Muni) Permanent Non - Competitive, Minimum Stating salary of $45,757.00 Leonardo Sette- Camara, 441 Franklin Street, Apt 5, Buffalo 14202 CERTIFICATE OF APPOINTMENT Appointment Effective August 1, 2007 in the Department of Law to the Position of Assistant Corporation Counsel 11 Permanent Promotional Minimum starting salary of $55,756.00 Gregory Heeb, 184 Norwalk Avenue, Buffalo 14216 CERTIFICATE OF APPOINTMENT Appointment Effective August 1, 2007 in the Department of Law to the Position of Legal Secretary Permanent Open- Competitive Minimum starting salary of $29,179.00 Evelyn Soto, 105 Marigold Avenue, Buffalo 14215 CERTIFICATE OF APPOINTMENT Appointment Effective August 2, 2007 in the Department of Law to the Position of Legal Secretary Temporary Appointment Minimum starting salary of $29,179.00 Andrea von der Empten, 83 Stevenson Street, Buffalo 14220 CERTIFICATE OF APPOINTMENT Appointment Effective August 2, 2007 in the Department of Law to the Position of Legal Secretary Provisional Appointment Minimum starting salary of $29,179.00 Sarah Miller, 40 Avondale Place, Buffalo 14210 CERTIFICATE OF APPOINTMENT Appointment Effective September 17, 2007 in the Department of Public Works, Parks & Streets Division of Water to the Position of Account Clerk- Typist Temporary, Appointment at the starting salary of $26,271.00 Wanda Strong- Howard, 31 Rawlins Avenue, Buffalo 14211 CERTIFICATE OF APPOINTMENT Appointment effective September 17, 2007 in the Department of Public Works Division of Engineering to the Position of Account Clerk- typist Provisional Appointment Minimum starting salary of $26,271.00 Amanda Blando, 101 Winston Rd, Buffalo 14216 CERTIFICATE OF APPOINTMENT Appointment effective September 24, 2007 in the Department of Public Works Division of Water to the position of Water Service Worker Permanent Appointment Minimum starting salary of $29,038.00 Victor A. Burgio, 39 Hecla Street, Buffalo 14216 CERTIFICATE OF APPOINTMENT Appointment effective September 24, 2007 in the Department of Public Works Division of Water to the position of Caulker Permanent Non - Competitive at the Starting salary of $32,392.00 James M. Wozniak, Jr., 27 Lombard Street, Buffalo 14206 Phillip D. Kreuz, 257 Bedford Avenue, Buffalo 14216 CERTIFICATE OF APPOINTMENT Appointment effective October 3, 2007 in the Department of Public Works Division of Water to the position of Meter Reader Permanent Appointment, Minimum Starting salary of $26,562.00 Robert E. Panczyk, 58 Cochrane Street, Buffalo 14206 NON - OFFICAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATION NO. 69 RE -NAME PORTION OF BEST STREET We are writing this letter to ask you to consider naming a portion of the street that extends from the corner of Best & Herman to the parking entrance to our church; "Maggie Y. Boyd Way ". Reverend Boyd served as pastor for nine years until she lost her battle with cancer in September 2005. Rev. Boyd was pillar in our community; she loved children and had an overwhelming compassion for the poor. Under Rev. Boyd's leadership, Metropolitan UMC provided food, clothing and shelter to homeless single mothers at our satellite home. If no one in the congregation was available to supervise the house Rev. Boyd would sleep over herself until someone became available. Reverend Boyd was a mother, pastor, and friend, not only to her congregation but also to many neighbors that surround the church. Today almost 2 years later people still come to the church looking for her knowing that she would feed, clothe, and shelter them. Reverend Boyd truly believed in helping the poor and saving souls! Reverend Boyd was a servant of the lord until she took her last breath! We would like to honor our former pastor by naming this corner, "Maggie Y. Boyd Way" where she believed there was a place for everyone in God's house, the Rich and the Poor, the Young and Old! REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF FIRE, THE COMMISSIONER OF POLICE, THE COMMISSIONER OF PUBLIC WORKS AND THE UNITED STATES POSTAL SERVICE NO. 60 BCAR AUDITED FINANCIAL STATEMENTS 2006 -2007 On behalf of the Board of Directors of Buffalo Civic Auto Ramps Inc., I would like to report that our independently audited financial statements for our year ending 6/30/07 are finalized and the document is enclosed herewith. The results show that 2006 -2007 was a very profitable year. Our successes have been accomplished in partnership with the City of Buffalo and the Board of Parking. This year's net surplus that was forwarded to the Comptroller of the City of Buffalo amounted to $2,383,052. This was the largest surplus in our 50+ years of managing the municipally owned ramps on behalf of the City of Buffalo. Buffalo Civic Auto Ramps Inc. revenues were the highest ever and this was accomplished despite only minor rate increases. Our ramps are extremely busy and running at virtual capacity on a daily basis. Last year we parked over 3,000,000 cars. Expenses were controlled very well while paying the Living Wage to all of our employees as well as subcontractors that have contracts in excess of $50,000. Our utility expenses were aggressively controlled by investing in energy efficient new lighting. NYSERDA has provided rebates on over 3,000 new lighting fixtures that were installed by our maintenance department. This installation has had the positive effect of lowering our energy costs by over $115,000 annually. We also obtained a sales tax exemption on purchases of goods and services. Notice was received by the New York State Department of Taxation and Finance acknowledging that Buffalo Civic Auto Ramps is in fact acting as an agent of the City of Buffalo. This exemption, along with our sales tax exemption on revenues increases the net income to the City by over $900,000 annually. 2007 -2008 promises to be a successful year as well. We are anticipating a net income of $2.6 million. $1.8 million will go to fully fund the maintenance and repairs capital reserve fund (by management agreement, this fund is capped at $5 million) and the difference of $800,000 will go to the City's General Fund. We look forward to a continued partnership with the City of Buffalo. If you have any questions or concerns, please don't hesitate to contact me. REFERRED TO THE COMMITTEE ON FINANCE NO.61 REQUEST TO ALLEVIATE PARKING PROBLEMS NEAR THE NIAGARA CENTER Please file the attached item for further discussion at the next Common Council session to be held October 2, 2007. Thank you in advance for your assistance with this matter. I am writing to you because you represent the Council district between 130 S. Elmwood Ave, Rabin Terrace and West Huron St. As you may or may not know the parking situation for federal employees has become cramped to say the least. I usually park on Niagara Street where there are 10 hour meters available for public use at the cost of $2 per day. I would like to request a conversion of the meters on West Huron St. to 10 hour meters instead of the normal 2 hour meters. I would like to request this to make more affordable parking available as well as alleviate the parking situation on Rabin Terrace where some federal employees park since no other parking is available. I hope you can take this request into consideration and if you need any more information I would be happy to provide it. I appreciate the 10 hour meters on Niagara but I feel the City can do more to make parking more affordable to public employees. Thank you. REFERRED TO THE COMMISSIONER OF PUBLIC WORKS NO. 62 BLOCKAGE OF BOOTH ALLEY Please file the attached item for further discussion at the next Common Council session to be held October 2, 2007. Thank you in advance for your assistance with this matter. My client, James T. Sandoro, is the owner of the premises at 158 -162 Swan Street. 158 -162 Swan Street is improved by a commercial building which at its Northern Boundary abuts the City of Buffalo fight of way commonly known as Booth Alley. Passage through the alley is necessary to access the rear of the building of 162 Swan and the adjoining parking lot at 158 Swan. The alley, like all other City streets, is a municipal asset to be held in trust for the benefit of the public pursuant to General City Law Section 20(2) and New York State's Public Trust Doctrine. Despite the fact that alley is owned and to be held for the benefit of the public, the public egress through the alley is blocked. Egress is being blocked by a light standard at the western end of the alley, and his neighbor's operation of a parking lot on top of the alley. The parking lot operator has installed signage which advises the public they are not allowed on the public right of way, and he has striped portions of the alley. He regularly blocks the alley with the cars he parks. The street signs for Booth Alley have been removed, as well as the "No Standing" signs for the alley. The parking lot operator also regularly blocks off the Michigan Avenue egress into the alley with cones. The public lighting standards the city pays to operate only serve a private party's interest. The public is paying for the operation of a private parking lot. The public asset of the alley is being unlawfully converted to private use, without any compensation or insurance coverage to the City, as my neighbor operates his commercial parking lot on the public's land. We are aware of no lawful basis for the blocking, or closing of this alley, without the approval of the common council. There is no lawful basis for the taking of the use of the public's use of Booth Alley by one private person. We do request that the City clear the alley of the encroachments, and take the necessary steps to clear the alley of the illegal taking. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS NO. 63 S. FALASA- COMPLAINTS VACANT PROPERTY AT 132 PECK STREET ATTACHED LETTER AVAILABLE FOR REVIEW IN THE CITY CLERK'S OFFICE REFERRED TO THE DIRECTOR OF ECONOMIC DEVELOPMENT PERMIT AND INSPECTIONS NO. 64 REQUESTING MORE INFORMATION FROM THE NYSDOT IN REGARD TO THE SOUTHTOWNS CONNECTOR PROJECT RESOLUTION #160 CCP SEPTEMBER 4, 2007 1 am writing in response to the above - referenced City Of Buffalo Common Council resolution, requesting information from the NYSDOT as to why the "Boulevard Alternative" was not chosen as the Southtowns Connector preferred alternative, and requesting time for the public to review the Skyway Bridge report before the Southtowns Connector project is initiated." Before I respond to these specific issues, I want to assure the Council that NYSDOT shares your goals for creating the access necessary for making the waterfront a destination connected to downtown, and for providing a welcoming environment for pedestrian and bicycle use. The Southtowns Connector project was developed with a full public outreach process. The consensus of the project stakeholders, advisory groups, public comments on the Draft EIS, and analysis of the environmental and traffic impacts of this alternative led the Department of Transportation to recommend the Modified Improvement Alternative as the preferred alternative. These stakeholders deemed the separate high- speed, limited access facility as an integral component to any successful development of the Outer Harbor area. Comments received on the project have expressed that the concept of the Outer Harbor as a destination includes as a necessary component the transportation infrastructure to facilitate regional access in addition to a local circulation system. Route 5 provides essential Interstate connectivity at higher speeds to industrial and commercial businesses along the Route 5 corridor, which was one of the primary project objectives established by the project stakeholders when the EIS was being developed. Notwithstanding the recent objections led by John Norquist of the Congress for New Urbanism, the community consensus has supported this selection. Another reason supporting selection of the Modified Improvement Alternative was the benefit that a reconstructed Fuhrmarm Boulevard provided. This will be a lower speed, local street that offers a more inviting environment adjacent to the multiuse path and along the waterfront. This was preferred to the more suburban -type higher speed boulevard alternative which combines the regional and local traffic and undesirably incorporates bicyclists and pedestrians into the footprint of the highway. Fuhrmann Boulevard has been designed as a waterfront boulevard with extensive aesthetic and urban design features that favor pedestrians and bicyclists. We have included extensive traffic calming elements, such as roundabouts, a landscaped median incorporating ground cover, ornamental shrubs and trees, wide sidewalks, multi -use paths for bicyclists and pedestrians, landscaping and aesthetic improvements, and decorative pedestrian -scale lighting along with roadway lighting, signage and historical markers. Access to the Outer Harbor is accomplished through creation of a "gateway" interchange just south of the Skyway terminus which simplifies connections and provides an opportunity for future connectivity to land along the City Ship Canal. We feel certain that, when completed, these elements will collectively help transform Fuhrmann Boulevard from its present uninviting condition into a green, pedestrian and bicycle - friendly destination along Buffalo's impressive waterfront. We look forward to working with Council members as we go forward to implement that plan and incorporate it into the City's vision for its impressive waterfront. One of the many complex issues associated with this project is its relationship to and influence on the future of the Skyway. The retention of Route 5 under the Modified Improvement Alternative (the selected alternative) does not perpetuate the existence of the Skyway, nor does it preclude its removal. The current design is adaptable to any of the proposed bridge concepts we are aware of, allowing easy connectivity of Fuhrmann Boulevard and the Outer Harbor to the north side of the Buffalo River. The original intent of the Southtowns Connector project, as presented in the 1991 Southtowns Connector Feasibility Study involved fully relocating the entire high volume transportation system capacity of the Route 5 corridor inland to the CSX railroad corridor to allow for the reconfiguration of roadways providing local access along the Lake Erie waterfront. This new highway would have replaced Route 5's role as a regional through- traffic route, enabling a downgrading and removal of the embanked sections of Route 5 to create a waterfront boulevard, as well as replacement of the Skyway Bridge with a tunnel connecting Downtown Buffalo and 1 -190 to the new highway corridor. In this context, the project represented a major reconfiguration of the regional road network. This is very similar to the ideas brought forth by the Congress for New Urbanism. After several years of development and public involvement, it became apparent that the Impacts, community opposition and enormous costs were insurmountable obstacles to advancement of that project. It was at that time the project was refocused to maintain this corridor while focusing on improving access to the Outer Harbor area. The Buffalo Skyway Management Study that is currently in progress will not affect the Southtowns Connector project. This study was undertaken to gather, assess, and develop information related to accident and incident history, future maintenance and capital needs, and traffic patterns and future demands on the Skyway. This information wilt aid future decisions regarding the Skyway. Removal or replacement of the Skyway is a separate project, one that would require an independent Environmental Impact Statement. Any actions to introduce Skyway removal as a decision factor in alternative selection for this project would significantly alter the goals and scope of this project, and may negate the validity of the EIS and the Record of Decision. Re- examination of an alternative already analyzed or consideration of a new alternative would require a significant step backward in the environmental process and cause delays that could well risk the project's funding. We anticipate opening bids on November 15, 2007, with groundbreaking to occur this coming winter. The NYSDOT and the community have invested many years to bring us to the threshold of rebirth of the waterfront. We firmly believe this project will act as a catalyst capable of transforming this waterfront into an inviting site enabling the City to realize its waterfront development goals and offer its citizens an attractive environment in which to live and work. While we understand the Council's concerns, and share many of your goals, we believe that moving forward with the project as planned is the most appropriate, reasonable, and prudent action we can take. We believe it would be very beneficial if we met with the Council members to explain the details and benefits of this project. Our Regional Office in Buffalo will be reaching out to Councilman Kearns to arrange a meeting. If you have any questions or wish to discuss this further, please contact Karen Rae, Deputy Commissioner for Policy and Planning, at 518 - 457 -6700 or Al Taylor, Regional Director, @ 716 - 847 -3238. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 65 BUFFALO SPECIAL POLICE — SUPPORT & COMMENTS In the near future you may be asked for your input in regards to a piece of legislation introduced by Councilmember Joe Golombek during the 9/18/07 Common Council meeting. The legislation is in support of issuing the Buffalo Special Police Ticket books. If the Special Police are issued ticket books we would be able to write citations for city ordinance violations such as loud music and public intoxication. These are a few of the "Quality of life" problems that the Buffalo Police are called to resolve, but rank very low on a dispatch priority scale. As a result these calls are answered hours later, most often long after the problem no longer exists. These quality of life crimes are a primary complaint of residents. Please allow me to highlight the benefits of our proposal. The Buffalo Special Police are already providing an immediate response to these complaints while we are on patrol. With the authority to issue tickets, residents will see that their complaint received an immediate police response. This provides a very positive impression to the complaintent and shows them that their concerns are being answered. Issuing a ticket also imposes a monetary consequence for the violator thus making them less likely to commit the offense in the future. The final benefit I would like to mention is our ability to GENERATE REVENUE FOR THE CITY AT NO ADDITIONAL COST TO THE CITY OF BUFFALO. Two complaints that are heard so often by residents are the lack of Police enforcement of quality of life crimes and lack of City revenue. Our organization can lend a hand in remedying both complaints. Please consider voting favorably on the issue of the Buffalo Special Police being granted the authority to issue City ordinance tickets. Thank you for your careful consideration on this matter. Please feel free to contact me if you have any questions or concerns regarding the Buffalo Special Police. REFERRED TO THE COMMITTEE ON LEGISLATION No.66 Notice of Appropriation PIN 5o44.oL2o1 City of Buffalo: Fuhrmann Blvd. Map(s) 343 Parcel(s) 386 Attached are the Notice of Appropriation and map(s) for the above - referenced property, to which you have been certified as having a possible right, title, or interest. Please be advised that title to the property, easement, or right indicated on the attached map has been vested in the name of the People of the State of New York on the date noted on the attached Notice of Appropriation. This service is an official notice to you of our appropriation in accordance with Section 502 of the Eminent Domain Procedure Law, and also begins a 3 -year Statute of Limitations period in which to file a claim in the New York State Court of Claims. These forms are for your records; there is nothing to be signed or returned. If you have any questions concerning this notice or would like additional information about the need or how to file a claim, please contact Christopher George, Assistant Right -of -Way Agent, at (716) 847 -3193 or by mail at the above address. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE CORPORATION COUNSEL NO. 67 NOTICE OF APPROPRIATION PIN 5O44.OL.2OL CITY OF BUFFALO: FUHRMANN BLVD. MAP(S) 339 PARCEL(S) 380 Attached are the Notice of Appropriation and map(s) for the above - referenced property, to which you have been certified as having a possible right, title, or interest. Please be advised that title to the property, easement, or right indicated on the attached map has been vested in the name of the People of the State of New York on the date noted on the attached Notice of Appropriation. This service is an official notice to you of our appropriation in accordance with Section 502 of the Eminent Domain Procedure Law, and also begins a 3 -year Statute of Limitations period in which to file a claim in the New York State Court of Claims. These forms are for your records; there is nothing to be signed or returned. If you have any questions concerning this notice or would like additional information about the need or how to file a claim, please contact Christopher George, Assistant Right -of -Way Agent, at (716) 847 -3193 or by mail at the above address. REFERRRD TO THE COMMITTEEON COMMUNITY DEVELOPMENT AND THE CORPORATION COUNSEL NO. 68 NOTICE OF APPROPRIATION PIN 5O44.OL.2OL CITY OF BUFFALO: FUHRMANN BLVD. MAP(S) 338R -1, 351 PARCEL(S) 379, 394,396 Attached are the Notice of Appropriation and map(s) for the above - referenced property, to which you have been certified as having a possible right, title, or interest. Please be advised that title to the property, easement, or right indicated on the attached map has been vested in the name of the People of the State of New York on the date noted on the attached Notice of Appropriation. This service is an official notice to you of our appropriation in accordance with Section 502 of the Eminent Domain Procedure Law, and also begins a 3 -year Statute of Limitations period in which to file a claim in the New York State Court of Claims. These forms are for your records; there is nothing to be signed or returned. If you have any questions concerning this notice or would like additional information about the need or how to file a claim, please contact Christopher George, Assistant Right -of -Way Agent, at (716) 847 -3193 or by mail at the above address. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE CORPORATION COUNSEL NO. 69 CITY CONTRACT INFORMATION ONLINE I recently filed a resolution about putting City contract information online and increasing the transparency of City government. I respectfully suggest that the following information be included in the contract database: Date of solicitation of bids or proposals Number of bids /proposals received General description of supplies or services provided Basis of award (lowest price or technically superior) Total price of contract with breakdown if appropriate Contact information of contractor /vendor Award date and completion date Delivery location or work location Name and contact information of contracting officer or buyer Name and contact information of inspector or person accepting material Name and contact information of City and contractor project engineers Progress photographs for larger construction projects I also suggest that this information be updated on a regular basis. If there is anything I can do to help with this project or you have any questions, please do not hesitate to contact me. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 70 A. RUBECK - ELIMINATE SMOKING IN YOUTH RELATED MOVIES I am the Erie County Reality Check Youth Action Movement Coordinator. Reality Check is a New York State Department of Health sponsored anti - tobacco industry movement for youth. Reality Check in Erie County is coordinated through Erie I BOCES and the Division for Community Youth Development and Student Support Services. The average age at which smokers try their first cigarette is 14 Y2. Hollywood movies influence our youth suggesting the latest trends, fashion, ideals and role models. Did you know that 88% of Disney movies rated G, PG or PG -13 and released between 1999 and 2003 contained smoking and or product placement? The glamorization of smoking in youth rated movies continues. We are reaching out to Municipalities and Parent Advocacy organizations across New York State asking for their support in our efforts to eliminate smoking and product placement in youth rated movies, including those movies rated G, PG, and PG -13. The City of Buffalo Common Council may support this New York State Department of Health sponsored initiative by submitting a Smoke -free Movies Resolution. Dan Glickman, the President of the Motion Picture Association of America, has finally begun to understand the role that Hollywood plays in influencing young people with regards to smoking but he and the MPAA need to hear from you. We are collecting Resolutions to show Mr. Glickman that parents and respected community leaders care about protecting our youth. Enclosed are some background information including a CD. The CD contains a sample Smoke -free Movies Resolution. Supporting Municipalities and Youth Advocacy organizations have been using this sample on their official letterhead and submitting resolutions to me at Erie 1 BOCES. We hope the City of Buffalo Common Council chooses to join the growing number of supporting organizations in Erie County and across New York State. Please contact me with any comments, suggestions or questions. RECEIVED AND FILED NO. 71 A. RUDNICK- REQUEST TO REPEAL APPRENTICESHIP ORDINANCE The Buffalo Common Council recently reinstated the City of Buffalo's apprenticeship ordinance, maintaining a $250,000 threshold for projects and eliminating the sunset clause that called for annual review of the effectiveness of the ordinance. Since that action, the ordinance has been informally evaluated, with reports that longtime city contractors are now unable to bid on public works jobs, the cost of projects has as much as doubled, and contractors winning bids are simply not adhering to the ordinance in regards to training apprentices and putting them to work One of the foremost arguments in favor of the ordinance has been the ease with which a contractor can institute a New York State Department of Labor (DOL) approved apprenticeship program However, two weeks ago, that argument was, at best, weakened, as Governor Eliot Spitzer placed a moratorium on new apprenticeship programs until the concept as a whole can be evaluated. The governor's announcement also suspends the addition of new participating employers to existing programs. The following comes directly from Governor Spitzer's press release announcing the moratorium: "This action is being taken in an effort to overhaul the state's apprenticeship training programs, which have been diverted from its initial purpose. This program is supposed to allow employers or unions to provide workers with the essential skills necessary to practice their trade through hands - on work and classroom lessons. A cursory review of the program has revealed an unusually low graduation rate." DOL need only study Buffalo's ordinance to understand why, as it is clear the ordinance has become less a tool for training the workforce of tomorrow and more a successful effort to alienate non -union bidders. On behalf of the 2,500 employer members of the Buffalo Niagara Partnership, I urge you and your colleagues on the Common Council to repeal the apprenticeship ordinance. Should there not be the will for repeal, I request that you suspend the ordinance at least until the State DOL's review is complete, and the moratorium on new apprenticeship programs has been lifted. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL NO. 72 APPEAL OF DENIAL OF CERTIFICATE OF EXCEPTION FOR PROPOSED IMPROVEMENTS TO 72- 76 PEARL STREET Dear Mr. Chwalinski: The Pearl Street Grill and Brewery hereby appeals to the Common Council pursuant to section 337 -26 of the Charter and Code of City of Buffalo, the denial by the Preservation Board on or about June 21 of a Certificate of Exception for one improvements they desire to place on the outside of 72 -76 Pearl Street. The single item appealed is the denial of the request to extend the second floor balcony twelve feet three inches (12 "3 ") along the Franklin Street elevation running towards the north as highlighted in the annexed site plan. It is respectfully submitted that the minor improvement will help provide better shelter to the rear handicapped entrance, and also improve the Franklin Street streetscape by screening the air conditioning units and kitchen exhausts. We have also attached a copy of a photo of the Franklin Street view of the area we seek to improve. In support of this application we will rely on the affidavits of previously submitted to this honorable body on or about May 22, 2007 which set forth the history of the premises and the manner of construction proposed, as well as the attached site plan indicating the additional improvement the applicant would like to install. I have also attached a Full Environmental Assessment Form completed in relevant part by the Project Sponsor. I believe the City Department of Economic Development Permits and inspections may also have approval authority with regard to the issuance of the permits. We ask that this appeal be filed be with the Common Council. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL NO. 73 OPPOSITION TO THE IMPORTATION OF CHINESE MADE VEHICLES RES #100 CCP SEPTEMBER 18, 2007 Please be advised that 1 have had an opportunity to review the above - referenced resolution which was adopted by the Common Council on September 18, 2007. 1 support this resolution and congratulate Councilman Fontana as well as the rest of the Common Council on the initiative. Please do not hesitate to call me at 716- 854 -8705 with any questions you may have regarding this letter of support. RECEIVED AND FILED NO. 74 OPPOSE SALE 878 MAIN ST My name is Phyliss Vitrano. I am owner with my husband of #45 , #47, #49 North Pearl Street. We also own #58, across the street and #37 Allen Street at the end of North Pearl. Correspondence available for review in the City Clerk's Office RECEIVED AND FILED NO. 75 P. ZLOTKOWSKI -LIMO DROP OFF HSBC ARENA The following is the policy for Limousine drop off and parking at HSBC arena. The limousine should approach HSBC by going west on Washington st. to Perry then turn Right (north) on Perry. The Limousine will be allowed to stop only long enough to unload passengers, as soon as passengers are unloaded The Limousine must leave area. The Limousine can then park on the north side of Columbia facing South Park or after the game starts they can park on the Westside of Perry south of Illinois(only afterthe hockey game starts). If you have any questions you can contact me at (716) 851 -4411 REFERRED TO THE COMMITTEE ON LEGISLATION PETITIONS NO. 76 K. ROBINSON -USE 100 HIGH STREET PLACE A HELIPAD ON AN EXISTING HOSPITAL (ELL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DIRECTOR OF ECONOMIC DEVELOPME — ?]? PERMITS AND INSPECTIONS NO. 77 REQUEST TO REMOVE ALTERNATE STREET PARKING ON DELHAM STREET Please file the attached item for further discussion at the next Common Council session to be held October 2, 2007. Thank you in advance for your assistance in this matter. I am preparing a poll and Petition to request that the city remove the alternate side of street parking and make it unrestricted parking on both sides of the street to alleviate the huge problem of lack of parking on Delham street. WHY DO WE HAVE A PRAKING SHORTAGE? 1. With alternate side of street parking we have less than % of a space per house on the street to begin with 2. We have a busy restaurant at the end of the street where employees and customers alike use our limited parking. 3. Many homes on the street have been converted to multi family homes with tenants requiring one or two spaces for tenant cars on the street at all times 4. We have a large apartment complex at the end of the street where some residents use our street for parking as well 5. There are NEVER spaces for guests or Visitors or contractors or other vehicles to use due to resident demands. 6. Other streets of similar size and width have both sides of the street parking in the city of ,Buffalo, Why not ours? Issues and Concerns: 1. plowing: the plows will still have plenty of room to plow the two lanes between the parked cars 2. although there is an option of making it a one way street, there is still plenty of room for two cars to pass as a two way street even with both sides of the street parking, just more slowly and carefully 3. we have small children on this street and slowing of traffic would be a good thing on such a small side street 4. the fire hydrant space which has been forced to be used as a parking space could be more safely avoided as a parking space if there were adequate parking. I need to take this poll to make sure that my fellow neighbors are behind this petition. Even if you are against the idea I need to know so that it is a fair representation of the views of the street residents. So PLEASE - if I haven't gotten your name and vote on my master sheet, please use the back of this sheet to give me your views and opinion of this initiative and drop it into the mail slot at 52 Delham Street or call me to pick it up. Also I need a signature and printed name and house #. As many I —eol31 a in your house should sign it - numbers count! REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 78 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM CCP# 34, 9/18 That the above item be the same and is hereby Received and Filed ADOPTED FINANCE (BRIAN C. DAVIS, CHAIRMAN) PILOT AGREEMENT- 1603 SENECA STREET (ITEM NO. 97, C.C.P., SEPT. 18, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Davis moved: That the real property identified as 1603 Seneca Street, be exempted from real property taxes for a period of 15 years as set forth in the PILOT Agreement as attached to the above communication. That the amount of the PILOT payment was calculated based upon the City's PILOT policy, which provides for payments in the amount of 3% (three percent) of gross rent assuming a 5% (five percent) vacancy. Payments will increase by three percent per year for the duration of the 15 -year PILOT. That the Mayor be and he hereby is authorized to enter into a PILOT in form and substance as set forth in the PILOT Agreement as attached to the above communication. PASSED AYES - 9 NOES -0 NO. 80 WASHINGTON COUNTY, NY TAX FORECLOSURE SALE (ITEM NO. 80, C.C.P., SEPT. 4, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Davis moved: That the above - mentioned item be and the same is hereby received and filed. ADOPTED. NO. 81 D. FRANCZYK -L. KELLY -REQ FORGIVENESS OF $500.00 EMERG BD FEE CCP# 60,5/15 That the above item be the same and is hereby Received and Filed ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRMAN) NO. 82 CONVERTING TOWER SHORELINE BEACH INTO PUBLIC BEACH FRONT (EII)(PW)(COM 18 09 -18) That the above item is hereby Received and Filed ADOPTED NO. 83 SALE OF LAND BETWEEN ZEPTOMETRIX REALTY, LLC AND THE BURA - 878 MAIN STREET (ITEM NO. 144, C.C.P., SEPT. 4, 2007) (ITEM NO. 73, C.C.P., SEPT. 18, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That after a public hearing on September 18, 2007, the Common Council does hereby designate ZeptoMetrix Realty, LLC as the qualified and eligible Redeveloper of 878 Main Street in the Oak Street Redevelopment Project NYR -197 Urban Renewal Agency. That the Chairman or Vice - Chairman of the Buffalo Urban Renewal Agency is authorized to execute any and all deeds or other documents necessary to convey land described in the proposed "Land Disposition Agreement" between the Buffalo Urban Renewal Agency, and ZeptoMetrix Realty, LLC in accordance with the terms of said Agreement and for the consideration therein. PASSED AYES — BONIFACIO, DAVIS, FONTANA, GOLOMBEK, KEARNS, LOCURTO, RUSSELL - 7 NOES — FRANCZYK, SMITH - 2 NO 84 SALE OF LAND BETWEEN ZEPTOMETRIX REALTY, LLC AND THE BURA 878 MAIN STREET (STRAT. PLANNING) (ITEM NO. 17, C.C.P., SEPT. 4, 2007) (ITEM NO. 75, C.C.P., SEPT. 18, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That after a public hearing on September 18, 2007, the Common Council does hereby designate ZeptoMetrix Realty, LLC as the qualified and eligible Redeveloper of 878 Main Street in the Oak Street Redevelopment Project NYR -197 Urban Renewal Agency. That the Chairman or Vice - Chairman of the Buffalo Urban Renewal Agency is authorized to execute any and all deeds or other documents necessary to convey land described in the proposed "Land Disposition Agreement" between the Buffalo Urban Renewal Agency, and ZeptoMetrix Realty, LLC in accordance with the terms of said Agreement and for the consideration therein. PASSED AYES — BONIFACIO, DAVIS, FONTANA, GOLOMBEK, KEARNS, LOCURTO, RUSSELL - 7 NOES — FRANCZYK, SMITH - 2 NO. 85 K.MCCARTHY- CONCERNS BASS PRO BUILDING SITE ERIE CANAL (NO 97 09 -04) That the above item is hereby Received and Filed ADOPTED NO. 86 B.ROWE- DEMOLITION OF MEYER MALTING GRAIN ELEVATOR (NO 94 07 -24) That the above item is hereby Received and Filed ADOPTED LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 87 I. NELSON, PETITION TO USE 1412 KENSINGTON AVENUE - NIGHT CLUB /RESTAURANT (EAT IN) ALSO OUTDOOR CARE (ITEM NO. 100, C.C.P., SEPT. 4, 2007) (ITEM NO. 84, C.C.P., SEPT. 18, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That after the public hearing before the Committee on Legislation on September 11, 2007, the petition of I. Nelson, owner, for permission to use 1412 Kensington Avenue for a nightclub /restaurant (eat -in only) and an outdoor car6, 16' x 25' (200 sq. feet on City right -of -way) at the front yard area of a 2 story frame building be, and hereby is approved. Dear University District Resident, Please allow this letter to serve as an update of the status of Irene Melson's license application to the City of Buffalo for "Cocktails & More" located at 1412 Kensington Avenue. The following conditions will be placed on Ms. Melson's license: 1. Days and hours of operation a. Sunday through Wednesday: 12:OOpm to 1:OOam. b. Thursday through Saturday: 12:OOpm to 4:OOam 2. Age for admission is restricted to 35 and older as per community agreement 3. No liquor or food will be permitted on the patio at any time. 4. Food will not be served carry out -- -only dine in. Owner understands that non - compliance of any of the above conditions will result in business being shut down one year from the date that the license was approved. J Ms. Melson's license application is scheduled for approval on the Common Council's agenda for Tuesday September 18 2007. There will be a public heating on Tuesday, September 11, 2007 at 2:OOpm in City Hall, 65 Niagara Square, Common Council Chambers, on the 13 h floor to discuss the above conditions. You are welcome to attend. Should you have any questions or concerns regarding the above conditions, or notice a condition that I left out in this letter, please contact my office immediately at 851 -5165. Very truly yours, Bonnie E. Russell President Pro Tempore PASSED AYES - 9 NOES -0 NO. 88 LOCAL LAW INTRO. NO. 8 (2007) - DIVISION OF INVESTMENT AND DEBT MANAGEMENT (ITEM NO. 96, C.C.P., SEPT. 18,2007) That after the hearing before the Committee on Legislation on September 25, 2007, the Local Law as contained in Item No. 96, C.C.P., September 18, 2007, be and the same hereby is approved. PASSED AYES - 9 NOES -0 NO. 89 FOOD STORE LICENSE -117 -119 COLVIN (ITEM NO. 63, C.C.P., SEPT. 4, 2007) (ITEM NO. 88, SEPT. 18,2007) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved that the above item a recommitted to the Committee on Legislation ADOPTED NO. 90 FOOD STORE LICENSE -1199 KENSINGTON ITEM NO. 66, C.C.P., SEPT. 4, 2007) ITEM NO. 89, C.C.P., SEPT. 18,2007) That the Commissioner of Economic Development, Permit & Inspections Services be, and he hereby is authorized to deny a Food Store License to Afar Alwagien, located at 1199 Kensington. DENY NO. 91 APPOINTMENT — CRYSTAL J. RODRIQUEZ BMHA BOARD OF COMMISSIONERS (ITEM NO. 1, C.C.P., SEPT. 18, 2007 \That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved: That the appointment of Crystal J. Rodriquez, residing at 49 Briggs Avenue as a member of the Buffalo Municipal Housing Authority Board of Commissioners, for a term commencing immediately and expiring October 19, 2007, be and it hereby is approved on the condition that she does not owe any outstanding liens to the City of Buffalo. PASSED AYES -9 NOES -0 NO. 92 RESTAURANT DANCING CLASS 111 -45 CHIPPEWA WEST (ITEM NO. 26, C.C.P., APR. 17, 2007) 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. 93 TRAILBLAZING SIGNS (EXC 1 ST RES) (RES 87 02 -20) That the above item is hereby Received and Filed ADOPTED RESOLUTIONS NO. 94 By: Mr. Bonifacio CALL ON THE STATE OF NEW YORK TO ESTABLISH AN INDEPENDENT COMMISSION TO CONDUCT A COMPREHENSIVE STUDY OF WRONGFUL CONVICTIONS IN THE STATE Whereas: Since 2000, more people convicted of murder in the State of New York have been proven innocent with DNA evidence than in any other state; and Whereas: With DNA evidence, over two hundred people were proven to have been wrongfully convicted of the most serious crimes; and Whereas: In approximately one -third of the total cases, the real perpetrator has been found; and Whereas: In twenty -three of these cases in which the real perpetrator was found, occurred here in the State of New York; and Whereas: There have also been three wrongful convictions of New Yorkers proven by non- DNA evidence since the advent of forensic DNA testing; and Whereas: Due to wrongful conviction, over three hundred years of prison time was served by individuals for crimes they did not commit, including at least one case here in the City of Buffalo; and Whereas: The State of New York has no government agency that produces statistics of other information about these cases; and Whereas: For every conviction of an innocent person, the real perpetrator remains at large; and Whereas: New York's wrongful conviction problem certainly poses questions to the New York State criminal justice system, it therefore seems appropriate that this matter be further looked into; and Now, Therefore Be It Resolved: That the Buffalo Common Council does hereby call on the State of New York to establish an independent commission to conduct a comprehensive study of wrongful convictions in the State; and Be It Further Resolved: That the Buffalo Common Council calls on the Governor, the State Senate, and the State Assembly to enact legislation that would reduce the contributing factors leading to wrongful convictions, and to create a process by which an independent commission is established to review eases in which potentially exonerating evidence can be reviewed and the reconsideration expedited. ADOPTED NO. 96 By: Mr. Davis TRANSFER OF FUNDS COMMON COUNCIL - LEGISLATIVE That pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $3,400 be and the same is hereby transferred from the City Clerk and said sum is hereby reappropriated as set forth below: From: City Clerk 10220006 - 434000 Other Contractual Services $3,400 To: Legislative - Personal Services 10109001 - 411001 Salary $3,400 PASSED AYES - 9 NOES -0 NO. 96 By: Mr. Davis TRANSFER OF FUNDS CITY CLERK - COMMON COUNCIL - LEGISLATIVE That pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $4,000 be and the same is hereby transferred from the City Clerk and said sum is hereby reappropriated as set forth below: From: City Clerk 10220006 - 434000 Other Contractual Services $4,000 To: Legislative Travel 10109004 - 458001 Transportation $2,000 10109004 - 458002 Meals & Lodging $2,000 PASSED AYES - 9 NOES -0 NO. 97 By: Mr. Davis TRANSFER OF FUNDS COMMON COUNCIL - LEGISLATIVE That pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $31,267 be and the same is hereby transferred within Common Council Legislative and said sum is hereby reappropriated as set forth below: From: Common Council Legislative 10102001 - 412002 Hourly Salary $8,379 10102006 - 434000 Other Contractual Services $22,888 To: Legislative Personal Services 10103001 411001 Salary $27,258 10114001 411001 Annual Salary $4,009 PASSED AYES - 9 NOES -0 NO. 98 By: Mr. Davis TRANSFER OF FUNDS GENERAL CITY CHARGES - STRATEGIC PLANNING That pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $1,000,000 be and the same is hereby transferred from Grant -In -Aid Freeze Funds and said sum is hereby reappropriated as set forth below: From: General City 17111006- 490000 Grant -In -Aid Freeze Funds $1,000,000 To: Strategic Planning 10309006- 480000 Other Services $1,000,000 PASSED AYES - 9 NOES -0 NO.99 By: Mr. Davis INCREASED APPROPRIATION FUND BALANCE POLICE & FRINGE BENEFITS That, Pursuant to §20 -11 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments - Police & Fringe Benefit accounts, be and the same are hereby increased in the Sum of $2,334,562.25. FROM: That the comptroller be and hereby is authorized and directed to transfer the sum of $2,334,562.25 from the Unreserved Fund Balance 100000000 - 253000 to meet this increased appropriation as set forth below: 10000000 - 253000 - General Fund - Unreserved Fund Balance $2,334,562.25 To: 12000001 - 411001 Police Administration $ 28,758.22 12001001 - 411001 Detective 232,40.27 12003001 - 411001 Patrol Services - Salary 1,120,237.98 12020001 - 411001 Traffic 32,126.36 12021001 - 411001 Administration & Communication 38,930.31 12003001 - 411001 Patrol Services — Overtime 323,906.95 12003001 - 411001 Patrol Services— Holiday Pay 47,439.01 12003001 - 411001 Patrol Services — Court Time 108,953.00 12003001 - 411001 Perfect Attendance 24,242.99 17302002 - 422000 FICA 149,710.66 17303002 - 423002 PFRS 227,849.50 2, 334, 562.25 PASSED AYES - 9 NOES -0 No. 100 By: Mr. Fontana ORDINANCE AMENDMENT CHAPTER 137 -CODE ENFORCEMENT The Common Council of the City of buffalo does hereby ordain as follows: That Chapter 137 of the Code of the City of Buffalo be amended to read as follows: § 137 -7. Schedule of fines and penalties Initial Additional Maximum Fine Penalty Penalty Total FINE CLASS C $52.50 $52.50 $52.50 157.50 Upholstered furniture on open porches — Chapter 242 -3.1 REFERRED TO THE COMMITTEE ON LEGISLATION NO. 101 By: Mr. Franczyk WAIVE FEE FOR EMERGENCY BOARD UP Whereas: While undergoing treatment at a nursing facility, Mrs. Laura Hennigan, of 165 Alabama Street, lost all of her belongings when a fire ripped through her home; and Whereas: As if dealing with medical issues was not enough, Mrs. Laura Hennigan was suddenly homeless; and Whereas: Kind neighbors who realized the hardship Mrs. Hennigan would have to endure, volunteered to assist by boarding up the home in her absence, however, the City responded quickly and issued an emergency board up; and Whereas: Mrs. Hennigan recently received a bill in the amount of $500 from the City for sealing the building and while the City's quick response is applauded, this financial challenge is one that Mrs. Hennigan is unable to satisfy due to her current medical and financial hardships; and Whereas: Currently, Mrs. Hennigan is residing in the Buffalo River Senior Apartments after losing everything in the fire and now faces the challenge of getting the house demolished. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo waives the $500 emergency board up fee associated with 165 Alabama Street. PASSED AYES - 8 Davis, Fontana, Franczyk, Golombek, Kearns, Locurto, Russell, Smith, NOES — 1 Bonifacio NO. 102 Sponsor: Mr. Golombek PROMOTING SMALL BUSINESSES Whereas: Nationwide, small businesses account for two out of three new jobs created over the past decade; and Whereas: 94 percent of the jobs in Erie and Niagara counties are with firms that employee fewer than 50 employees; and Whereas: Sue McCartney, Director of the Small Business Development Center at Buffalo State College has proposed an innovative plan to assist small business entrepreneurs: -Use proceeds from the sale of hydropower to establish an investment pool of $5 million to be allocated as grants up to $250,000. - Grants would be awarded on a competitive basis to entrepreneurs who have graduated from college in the past 10 years, set up shop in Erie or Niagara counties and whose business would be involved in one of six clusters economic planners have deemed to have the best potential for the region. -Grant recipients would work with a certified business advisor and undergo evaluation during the early years to lessen the risk of failure; and Whereas: In McCartney's words "Entrepreneurial ism is the new economy" and promoting this program globally could make our region "... famous as a cool place to start a business "; and Now Therefore Be It Resolved That the Buffalo Common Council is interested in hearing in greater detail from Ms. McCartney as to her idea outlined above. Be It Further Resolved That a copy of this Resolution be forwarded to the New York Power Authority, Commissioner Richard Tobe, the Buffalo Niagara Partnership, Erie County Industrial Development Agency, the Empire State Development Agency, Buffalo Niagara Enterprises to obtain their comments. Be it Finally Resolved That this Resolution is referred to an appropriate Committee of the Common Council to hear from Ms. McCartney and to discuss the comments requested above. ADOPT THE IST AND2ND RESOLVE REMAINDER TO THE COMMITTEE ON FINANCE, THE DIRECTOR OF ECONIMIC DEVELOPMENT PERMITS AND INSPECTION AND OFFICE OF STRATEGIC PLANNING NO. 103 SPONSOR: MR. GOLOMBEK UNRESPONSIVENESS OF NATIONAL FUEL & NATIONAL GRID TO CITIZEN COMPLAINTS Whereas: Councilmembers often receive calls from citizens seeking help in addressing problems with National Fuel and National Grid such as gas leaks, street lights being out and trees needing to be trimmed near power lines; and Whereas: unfortunately getting National Fuel and National Grid to respond to citizen complaints promptly has been and continues to be a problem; and Whereas: For example residents on Evelyn Street in Buffalo have been complaining to National Fuel for several weeks now to have a gas leak problem addressed; and Whereas: For several weeks now the residents of Evelyn Street have been subjected to a strong odor of gas, requiring people on beautiful sunny days to keep their doors and windows shut; and Whereas: People should not have to live with the smell of strong gas odors for weeks waiting for an obvious problem to be corrected; and Whereas: When staff from the North District Council office have contacted National Fuel seeking to remedy the problem, they have been advised over and over that the problem is "being monitored "; and Whereas: The inability of National Fuel to correct foul smelling odors on Evelyn Street is simply unacceptable; and Whereas: It is believed that other Council offices have had similar problems in obtaining prompt responses to citizen complaints from National Fuel and National Grid; and Now Therefore Be It Resolved That the Buffalo Common Council hereby expresses its dissatisfaction with the inability of National Fuel and National Grid to address citizen complaints promptly. Be It Further Resolved That representatives from National Fuel and National Grid are requested to appear before an appropriate Committee of the Common Council to discuss the concerns raised in this Resolution. Be It Finally Resolved That this item is referred to an appropriate Committee of the Common Council so that the discussion requested above can occur. ADOPT 1st and 2nd RESOLVE THE REMAINDER REFERRED TO THE COMMITTEE ON LEGISLATION SPONSOR: MR. LOCURTO NO. 104 RETURN ICE SKATING TO HOYT LAKE Whereas: Hoyt Lake, the centerpiece of historic Delaware Park, is a scenic destination and recreational asset for City residents and tourists alike; and Whereas: In the past, Hoyt Lake was used considerably for recreational purposes, notably ice skating during the colder months; and Whereas: Currently, Hoyt Lake is an underutilized as a recreational option for visitors to Delaware Park; and Whereas: Returning ice skating to Hoyt Lake and Delaware Park would be a tremendous asset to the community by providing a venue for recreational skating, pond hockey, and family entertainment; and Whereas: A recent post on Buffalo Rising Online illustrated the growing community interest in returning ice skating to Hoyt Lake; and Now Therefore Be It Resolved That the Buffalo Common Council supports returning ice skating to Hoyt Lake, believing it would have a positive impact on Delaware Park, its visitors, and the community. Be It Further Resolved That this item be sent to the Buffalo Olmstead Parks Conservatory, the City of Buffalo Public Works Department, and the Law Department for comment. Be It Finally Resolved That this item be referred to an appropriate committee of the Council to discuss the comments requested above. ADOPT THE 1 st AND 2 nd RESOLVE REAMINDER TO THE COMMITTEE ON FINANCE, ERIE COUNTY, AND OLMSTEAD PARKS CONSERVANCEY NO. 105 BY; MS. RUSSELL BUDGET AND PERSONNEL AMENDMENT 03 - EXECUTIVE 1509 -STRATEGIC PLANNING The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 03 - Executive - 1509 - Strategic Planning which currently reads: 1 Senior Planner $ 37,913 - $ 43,908 Is hereby amended to read: 2 Senior Planner $ 37,913 - $ 43,908 From: 10309006 - 480000 Strategic Planning - Other Services $ 40,881 To: 10309001 - 411001 Strategic Planning —Salary $ 40,881 IT IS HEREBY CERTIFIED, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. That a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position TIMOTHY E. WANAMAKER, EXECUTIVE DIRECTOR AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. PASSED AYES - 9 NOES -0 NO 106 BY: MS. RUSSELL SALARY AND WAGE SCHEDULE "C" JULY 1, 2007 - JUNE 30, 2008 The Common Council oft -he City of Buffalo does ordain as follows: That part of Subdivision (A) of § 35 -9 of Chapter 35 of the Code of the City of Buffalo, relating to Salary and Wage Schedule "C ", PBA, is hereby amended to read as follows: This ordinance shall take effect as per the respective date on the attached schedule. See attached Schedule "C" We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, pursuant of Section 24 -15 of the Charter of the City of Buffalo, hereby certify that contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the increase in compensation provided for the positions set forth in the foregoing ordinance. PASSED AYES - 9 NOES -0 NO. 107 BY: Ms. RUSSELL SALARY ORDINANCE AMENDMENT 20 - POLICE DEPARTMENT The Common Council of the City of Buffalo does ordain as follows: That Section I of Chapter 35 of the Code of the City of Buffalo, relating to Police Department under the various subheadings relating to positions listed is hereby amended as follows: Note: Old salaries are in brackets This ordinance shall take effect as per the respective date on the attached schedule. This ordinance shall be effective July 1, 2007. It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, Byron W. Brown, Mayor, H. McCarthy Gipson, Commissioner of Police, Andrew A. SanFilippo, Comptroller and Donna J. Estrich, Director of Budget, Administration and Finance, recommend that the compensation for said positions be fixed at the respective amounts set forth in the foregoing ordinance. Furthermore, we, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, pursuant of Section 24 -15 of the Charter of the City of Buffalo, hereby certify that contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the increase in compensation provided for the positions set forth in the foregoing ordinance. PASSED AYES - 9 NOES -0 NO. 108 BY: DEMONE A SMITH 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 Debra Baggarazzo Gail Brady William Heinold Carol Mahiques Amanda Blando TOTAL5 ADOPTED NO. 109 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, Oct 9, 2007 at 9:45 o'clock A.M. Committee on Finance Tuesday, Oct 9, 2007 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, Oct 9, 2007 at 1:00 o'clock P.M. Committee on Legislation Tuesday, Oct 9, 2007 at 2:00 o'clock P.M. Committee on Claims Wednesday, Oct 10, 2007 at 11:00 o'clock A.M. Special Committees BiNational Bridge Thursday Oct 4, 2007 at 2:00 pm in Room 1417 (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. 110 ADJOURNMENT On a motion by Mr. Bonifacio, Seconded by Mrs. Russell, the Council adjourned at 2:55 PM GERALD CHWALINSKI CITY CLERK