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Home My WebLink About06-1212 (2)No.23 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO DECEMBER 12, 2006 MAYOR Hon. Byron W. Brown COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL FILLMORE DISTRICT David A. Franczyk PRESIDENT PRO TEMPORE UNIVERSITY DISTRICT Bonnie E. Russell MAJORITY LEADER NIAGARA DISTRICT DOMINIC J. BONIFACIO JR DISTRICT COUNCIL MEMBERS BRIAN C. DAVIS - ELLICOTT RICHARD A. FONTANA - LOVEJOY ANTOINE M. THOMPSON - MASTEN MICHAEL J. LO CURTO - DELAWARE JOSEPH GOLOMBEKJR. - NORTH MICHAEL P. KEARNS - SOUTH REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Brian C. Davis, Richard A. Fontana, Michael J. LoCurto - Members CLAIMS COMMITTEE: Michael Kearns Chairman, Dominic J. Bonifacio Jr., Richard A. Fontana, Joseph Golombek,Jr.,- Members COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr. Chairman, Richard A. Fontana, Michael J. LoCurto, Bonnie E. Russell, Antoine M. Thompson - Members FINANCE COMMITTEE: Brian C. Davis, Chairman, Dominic J. Bonifacio, Jr., Michael Kearns, Michael J. LoCurto, Bonnie E. Russell - Members. LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Dominic J. Bonifacio Jr., Joseph J. Golomberk Jr., Michael P. Kearns, Bonnie E. Russell - Members RULES COMMITTEE: David A. Franczyk, Chairman, Dominic J. Bonifacio Jr., Bonnie E. Russell - Members BUDGET COMMITTEE: Dominic J. Bonifacio, Jr., Chairman, Brian C. Davis, Richard A Fontana, Joseph Golombek, Jr. Bonnie E. Russell - Members MINORITY BUSINESS ENTERPRISE COMMITTEE - Antoine M. Thompson, Chairman Brian C. Davis, Richard A. Fontana, Bonnie E. Russell Members EDUCATION COMMITTEE ;Antoine M. Thompson, Chairman, Michael P. Kearns, Bonnie E. Russell Members WATERFRONT DEVELOPMENT COMMITTEE — Michael P. Kearns, Chairman, Brian C. Davis, Richard A. Fontana, Joseph J. Golombek, Jr. — Members INVOCATION - PLEDGE TO FLAG ** *FINAL * ** "DECEMBER 12,2006*** CS MAYOR 1. Appts./Reappt. -Comm. On Citizens' Rights & Community Relations Board LEG, COLL MAYOR - EXECUTIVE R &F 2. Spec. Events Adv. Comm. -City Hall Lobby Usage R &F 3. Strat. Plan.- Downtown Urb. Renewal Plan Amendment, SEQRA Negative Declaration ADOPT 4. Strat. Plan. -Lease Portion of Hannah Street (Fill) APP COMPTROLLER CS 5. Abatement of Uncollectible Accts Receivable Invoices FIN 6. Bond Closeout $830,000.00 FIN 7. Bond Closeout $126,859.40 APP 8 -7A. Cert. Of Nec- Transfer of Funds - Office of Strategic Planning -Cit. Services R &F 9 -713. Cert. Of Nec- Transfer of Funds - Engineering -Comm. Services R &F 10 -7C. Oppose LL Intro# 19(2006) Budget & Personnel Amendment A &F & Urban Affairs R &F 11 -8. Appt.- Supervising Auditor (Inter) CS 12 -8A Appt City Auditor (Exempt) R &F COUNCIL PRESIDENT 13 -9. Outlining a Strategy to Get Illegal Guns Off the Street LEG, POL MANAGEMENT INFORMATION SYSTEMS 14 -10. Appt.- System Administrator (Max) CS PUBLIC WORKS, PARKS & STREETS 15 -11. Bids - Franczyk Park Env. Remediation & Park Reconstruction (Fillmore) APP 16 -12. Bids - Repair of Streetlight Foundations and Knockdowns- Citywide -Group 4663 APP 17 -13. Encroachment into City ROW -448 Delaware Ave. (Ell) LEG, PRES l 18 -14. Perm. To Retain Consultant - Kleinhans Music Hall- Condition Assessment Survey APP 19 -15. Perm. To Retain Consultant- Renovation of City Court 2007 APP 20 -16. Proposals -City Hall Cafeteria FIN PO ,IC F, 21 -17. Approval to Sell Used BPD Motorcycles CORPORATION COUNSEL 22 -18. J. Knight -Sale /Development -117 & 120 Fenton St (Lov) 23 -19. Maryner Redevelopment - Refund of Excess Real Property Taxes 2002 -2003; 2003 -2004; 2004 -2005 24 -20. Municipal Code Violations Report 25 -21. Transfer Portion of 37 Kane (Ell) 26 -22. Vacant Lots Being Charged A User Fee 27 -23. Waiver /Reduction of Fine for Trash Removal ECONOMIC DEVELOPMENT, PERMITS & INSPECTIONS 28 -23A. Info -Deli -388 Paderewski ADMINISTRATION. FINANCE & URBAN AFFAIRS 29 -24. Appt Assistant Collection Officer (Prov) (Third Step) CS CITY CLERK 30 -25. Liquor License Applications R &F 31 -26. Leaves of Absence R &F 32 -27. Reports of Attendance R &F 33 -28. Notices of Appointments- Mayor's Program R &F 34 -29. Notices of Appointments - Seasonal R &F 35 -30. Notices of Appointments - Temp. /Prov. /Perm. CS MISCELLANEOUS APP FIN APP R &F R &F FIN R &F 01.41 36 -31. LP Ciminelli Board Packet Documents Dec 4, 2006 R &F 37 -32. B. Davis -D. Rust - Parking on Franklin Street LEG,PW 38 -33. R. DeBow- Praise Tabernacle Church Inc. - Sidewalk Repair - William from Stanton to Shumway PW 39 -34. L. Fleron- Cornell U- Reappt.- Living Wage Commission R &F 40 -35. J. Golombek -BSA Resolution -Auth. To Apply for Grant Funding -SMS Grant Program CD 41 -36. S. Magavern- Living Wage Commission - Notice of Hearing Brand On Services R &F 42 -37. M. T. Hastreiter- Info. -P. Gaeta R &F 43 -38. A. Thompson- Living Wage Ordinance Amendment LEG 44 -39. A. Thompson- Review of School Zone Signage PW 45 -40. C. Van Ness - Preservation Coalition of Erie Co.- Concerns -399 Franklin St LEG,CC,PRI PETITIONS 46 -41. M. Benthin, Agent, Use 242 Hopkins -Erect a Steel Sided Pole Barn (So) (Hrg. 12/19) LEG, CP BD 47 -42. R. Sasala, Owner, Use 253 Allen- Sit -In Rest/Outdoor Cafe (Ell) (No Pub Hrg Req) APP 48 -43. Xin Yong Yang, Owner, Use 2262 Seneca (So)- Restaurant (No Pub Hrg Req) LEG, CP BD RESOLUTIONS 89 -43A. Bonifacio Disch. Budget Comm. - "2007 Capital Budget Recommendations & Five Year Plan - CCP 4 1 - 11/16/06 ADPT. DISC 90 -43B. Bonifacio Disch. Budget Comm. - "Cert. OfNec.- Capital Projects - CCP 415- 11 /28 /06_ADPT DISCH.; Al 91 -43C. Bonifacio Disch. Budget Comm. "Transfer of Funds -Cap. Projects-CCP4100- 11/28/06 ADPT DISCH.; Al 92 -43D. Davis NYS Quality Comm. Grant Program- 2006 -07 Applicant Resolution ADOPT 93 -43E. Davis Transfer of Funds - Office of Strategic Planning -Cit. Services APP 94 -43F. Davis Transfer of Funds - Engineering -Comm. Services APP 95 -44. Fontana Ord. Amend - Chapter 137 -Code Enforcement LEG 96 -45. Fontana Ord. Amend - Chapter 299 - Obscenity LEG, POL, EC LEG, EC EXEC,EC PROB, NYS PAROLE, NYS CORRECTIONS, EC SHERIFF'S DEPT 97 -46. Franczyk Appointments Board of Assessment Review ADOPT 98 -47. Franczyk Local Law Intro# 18 (2006) - Salaries of Elective Officers TABLE 99 -48. Franczyk NY Economic Dev. Capital Program Grant for Demolition Projects to Increase Economic Development Potential ADOPT 100 -49. Franczyk Support for the Formation of A Quality of Life Task Force ADOPT 101 -50. Franczyk Support for a Combined Police /Fire Arson Unit ADOPT 102 -51. Franczyk, etc. Addressing Vacant Properties as a Regional Issue ADOPT 1sT 103 -52. Franczyk, etc. Ord. Amend.- Chapter 254 -Junk Dealers & Pawnbrokers LEG,EDPI 104 -53. Golombek Increase to the Living Wage ADOPT 1 sT 1 105 -54. Kearns Trailblazing Signage for Trocaire College LEG, PW 106 -55. Kearns Examining the Feasibility and Legality of Creating and Maintaining a Tenant Eviction Database for the Use of Landlords in the COB A DOPT 1 ST RES; REM -LEG 107 -56. LoCurto Perm to Hang "Nardin Academy 150 Anniversary" Banners APP 108 -56A. LoCurto Extension of Assessment Appeals APP 109 -57. Russell Local Law Intro# 19 (2006) -Dept. of Administration, Finance, Policy, Urban Aff APP 110 -58. Russell Budget /Personnel Amendment - Administration, Finance, & Urban Affairs APP 111 -59. Russell Budget /Personnel Amendment - Police CS 112 -59A Russell Banning Cosmetic Dental Procedures Done Outside Licensed Medical Facilities In The COB LEG, NYSDOH, NYS ATTNY GEN. 113 -60. Thompson Trailblazer Request for Edna Gayles Kee LEG,PW 114 -61. Thompson Trailblazer Request for Lula Lucritia Gayles Herring LEG,PW 115 -62. Thompson Req. for Bd. Of Ed. To File Report on Reducing High School Drop Out Rate 116 -62A. Thompson Req. for Law Dept. to Investigate Suing Out of State Gun Shops & ED,BOE Dealers LEG, CC 117 -63. Thompson Comm. Of Deeds ADOPT 118 -64. Thompson Comm. Of Deeds Req. for Public Performance ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETING CIVIL SERVICE 49 -1. Com 36 Nov 28 Notices of Appt.- Temp. /Prov. /Perm. (C. Clk.) R &F FINANC F. 50 -2. No 45 Oct 31 51 -3. No 60 Oct 3 52 -4. Com 10 Oct 31 D. Bonifacio -Bflo. Civic Auto Ramps B. Russell -R. Nero -Req. by Medaille College to Make Physical /Cosmetic Impr.- McCarthy Pk. Transfer Portion of 37 Kane & Portion of 52 Kane from New Opp. Comm. Hsg. Dev. Corp. to COB (Ell) (Strat. Plan.) 53 -5. No 42 Oct 17 R. Fontana -W. Cole- Bennett-Well Amer. Leg. 41780 -Req APP 71 -23. No 89 Sept 5 M. Kearns - Status Remed. Of Bflo./Niagara Rivers - Redev. Outer Harbor Waiver /Reduction Of Fine for Trash Removal R &F 54 -6. Res 111 Oct 31 Vacant Lots Being Charged a User Fee RECOMMIT 55 -7. Com 25 Nov 14 Vacant Lots Being Charged a User Fee (PW) R &F 56 -8. No 73 June 14 Req. to Place Police Cameras at Strategic Locations ( 421,11 /30)(Pol) R &F LEGISLATION 74 -26. No 75 Feb 5 57 -9. Res 101 Nov 28 Ord. Amendment - Chapter 293 -Noise APP 58 -10. Com 17 Nov 28 Food Store Application- Inspection Report-388 Paderewski (CP) R &F 59 -11. No 50 Nov 14 C. Paladino, Owner, Use 460 Main -Port. Of 3r Floor -Hum. Svs. Fac. (Ell) (No Pub Hrg Req) R &F 60 -12. No 73 Nov 14 R. Dollman, Agt., Use 161 Elmwood- Sit -In Rest. (Ell) ( 465,10/3) Dec 26 A. Thompson - Racial Income Gap R &F (Hrg. 10 /10) APP W /CON 61 -13. No 90 June 27 C. Elliott-Req Demo -209 Mackinaw St (Fill)( 442,5/30) R &F 62 -14. No 72 Nov 14 Food Store License -388 Paderewski (Fillmore) ( #33,10/31) (EDPI) R &F 63 -15. Com 35 Oct 3 Used Car Dealer -779 Genesee (Ell) (EDPI) RECOMMIT COMMUNITY DEVELOPMENT 64 -16. Res 97 Nov 28 Amendment - Downtown Renewal Project Urban Renewal Plan (Hrg. 12/12) APP 65 -17. Com4 Nov 28 Downtown Renewal Project Urb. Ren. Plan Phase IV -Addl. Site Design Plan Bd. (Plan Bd.) APP 66 -18. Res 98 Nov 28 Req. to Amend LDA- 844 -864 Main St. -800 Main St. LLC- Redeveloper (Hrg. 12/12) APP 67 -19. Com5 Nov 28 Req. to Amend LDA- 844 -864 Main St. LLC -800 Main St. LLC - Redeveloper (Strat. Plan.) APP 68 -20. No 41 Nov 28 J. Golombek- Buffalo First Article: "Buy Buffalo' R &F SPECIAL COMMITTEES WATERFRONT DEVELOPMENT 69 -21. No 10 Oct 3 History- Marine Drive Apartments (CP) R &F 70 -22. Com 30 Oct 3 Req. Grant Funding for NYS Canal Corp. (EDPI) R &F 71 -23. No 89 Sept 5 M. Kearns - Status Remed. Of Bflo./Niagara Rivers - Redev. Outer Harbor R &F R &F MBEC 72 -24. No 68 Feb 8 Testimony on Minority Business R &F 73 -25. No 47 Dec 11 A. Thompson Newsarticles -Inv. For Bids -M/WBE Guidelines R &F 74 -26. No 75 Feb 5 A. Thompson -Art. Blk. Ent. Issue -Best Cities for Afr. Amer. To Live In R &F 75 -27. No 73 June 28 A. Thompson -L.P. Ciminelli -Summ. Of Min./Women Bus. Contracting Phase I R &F 76 -28. No 82 Dec 26 A. Thompson - Racial Income Gap R &F 77 -29. No 85 Feb 18 A. Thompson -P. Gareis -Req. for Info.- Stand. Specs -Eq. Empl. Opp. Sect. R &F R &F 78 -30. Com 35 Mar 18 79 -31. No 82 Mar 18 80 -32. No 111 Nov 25 81 -33. No 112 Nov 25 City Rehab. Projects -CBO- Contracting Practices (Law) R &F A. Thompson- Standard Specifications for Const. /Materials R &F A. Thompson -D. Hill- Awarding of City Rehab. Projects II ( 470,3/4) R &F A. Thompson -Q. Littleton- Awarding of City Rehab Projects ( #71,3/4) 82 -34. No 51 Jan 6 A. Thompson- Committee's Rec. on Stimulating Econ. Dev. ( #73,3/4) 83 -35. No 118 Apr 13 84 -36. No 60 Oct 5 85 -37. Com29 Oct 19 86 -38. Com 27 Nov 3 87 -39. Res 106 May 3 88 -40. No 52 Nov 29 R &F A. Thompson -COB Strategic Plan for Comm. Ec. Dev. ( 441,1/20) R &F A. Thompson -Equal Opportunity — Section 3 Program RECOMMIT Contract Compliance on COB Capital Projects(Comm Svs) R &F Contract Compliance on Capital Projects(PW) A. Thompson- Empire Zone Development Policy Bevlar & Associates, Inc.- Executive Summary R &F COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, DECEMBER 12, 2006 AT 2:00 P.M. PRESENT — David A. Franczyk, President of the Council, and Council Members Bonifacio, Davis, Fontana, Golombek, Kearns, LoCurto, Russell and Thompson — 13. ABSENT-0 On a motion by Mr. Bonifacio, seconded by Mr.Fontana, the minutes of the stated meeting held on November 28, 2006 were approved. FROM THE MAYOR NO. 1 APPOINTMENTS AND REAPPOINTMENT TO THE COMMISSION ON CITIZENS' RIGHTS AND COMMUNITY RELATIONS BOARD Pursuant to Article 18, Section 20 of the Charter of the City of Buffalo, I hereby appoint and reappoint the following individuals to the Commission on Citizens' Rights and Community Relations Board. Appointments: Dana Bobinchek, 679 Auburn Avenue, Buffalo, New York 14222 Ms. Bobinchek currently serves as a Special Assistant to Mayor Byron W. Brown and First Deputy Mayor Steven M. Casey. She previously was assigned as Special Projects Coordinator when Mayor Byron W. Brown was New York State Senator, 60 District where she worked on projects and issues of concern to constituents throughout the community. Ms. Bobinchek is being appointed to fill a vacancy created by the departure of Dr. Ross T. Runfola. Her term will commence immediately and expire on 6/30/09. Carol Speser, 80 Sixteenth Street, Buffalo, NY 14213 Ms. Speser is currently working on her fouth unit of Clinical Pastoral Education at Sisters of Charity Hospital. She earned a Master of Science Degree in from Buffalo State College, a Master of Science Degree in Library Science and a Bachelor of Arts Degree in Education from Case Western Reserve University. Ms. Speser is being appointed to fill a vacancy created by the departure of David Caruso. Her term will commence immediately and and expire on 6/30/09. Reappointment: Lana D. Benetovich, 43 Middlesex Avenue, Buffalo, NY 14216 Ms. Benetovich is being reappointed to a three Creative Studies year term commencing immediately and expiring 6/30/09. 1 hereby certify that the above named individuals are fully qualified to serve as members of the Commission on Citizens' Rights and Community Relations Board. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF POLICE FROM THE MAYOR - EXECUTIVE DEPARTMENT NO. 2 SPECIAL EVENTS ADVISORY COMMITTEE CITY HALL LOBBY USAGE In response to your request regarding use of the City hail lobby by outside entities, no formal written policy is in place in the current Special Event Advisory Committee legislation for use of the space. My office directs all requests for lobby use to the building superintendant's office. The Special Events Division of the Mayor's Office only becomes involved in lobby use in relation to major events in Niagara Square that request building usage through their event application. Examples include Gus Macker, Taste of Buffalo, etc. RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 3 DOWNTOWN URBAN RENEWAL PLAN AMENDMENT SEQR NEGATIVE DECLARATION Please be advised, prior to the implementation of the above - referenced project, the requirements of the New York State Environmental Quality Review Act (SEAR) must be satisfied. The project, as defined under SEAR, is an "Unlisted Action ". A coordinated environmental assessment was completed for the project by the Buffalo Urban Renewal Agency (BURA), the SEQR lead agency. In accordance with Section 617.6 of SEAR, BURA has determined that the potential impacts resulting from the implementation of the project would not have a significant adverse effect on the environment. A Negative Declaration (a determination of non - significance on the environment) is enclosed as per the SEQR findings filing requirements. Mr. Bonifacio moved: That the communication from the Office of Strategic Planning, dated December 1, 2006, be received and filed; and That the Common Council does hereby accept the Negative Declaration (a determination of non - significance on the environment) as attached per the SEQR findings filing requirements. ADOPTED NO. 4 LEASE PORTION OF HANNAH STREET FILLMORE DISTRICT The Office of Strategic Planning, Division of Real Estate, has received a request from 1175 William Street, LLC, Mr. Carl Falletta, to lease the dead end portion of Hannah Street. The parcel consists of approximately 2,162 square feet of land. The property will be used for parking, access to the back of their property and for security purposes. The Department of Public Works, Parks & Streets has been contacted and they have no objections providing certain conditions are met such as the access to maintaining underground utilities, no permanent structures are to be built on the property, lessee is to maintain and keep property clean and clear of snow and debris and provide required liability insurance. Mr. Falletta has agreed to the above conditions and will pay an annual rental of $250.00. The rental figure is based upon the value of the property $2,162 times an annual rate of return to the City of Buffalo @ 11.5 %. The lease period will be for five years. I am recommending that Your Honorable Body approve a lease agreement between the City of Buffalo and 1175 William Street, LLC upon the above terms and conditions. I am further recommending that the Corporation Counsel prepare the necessary lease agreement and that the Mayor be authorized to execute the same. Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning dated November 27, 2006, be received and filed; and That the Director of Real Estate be, and he hereby is authorized to enter into a lease between the City and 1175 William Street, LLC, for use of the dead end portion of Hannah Street, 2,162 square feet of land at an annul rental of $250.00 for five years. That the Corporation Counsel be authorized to prepare the necessary lease and that the Mayor be authorized to execute the same. PASSED AYES - 9 NOES -0 FROM THE COMPTROLLER NO. 6 ABATEMENT OF UNCOLLECTIBLE ACCOUNTS RECEIVABLE INVOICES Attached hereto is a listing of various accounts receivable invoices totaling $2,758,834.78. Director of Treasury /Collections Michael 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 accounts would become uncollectible, there will be no the City's fund balance. REFERRED TO THE COMMITTEE ON FINANCE NO. 6 BOND CLOSEOUT The City of Buffalo issues bonds to provide funds to finance the costs of various capital projects which are described in the bond resolutions submitted to the Common Council. When we raise capital funds by selling bonds, it is reasonable to anticipate that all of the projects will proceed timely and binding commitments for the completion of the projects will be entered into in a timely manner. Proceeds of bonds not expended for the object or purpose for which the bonds were sold must be applied to the payment of principal and interest on such bonds (Local Finance Law - Section 165.00) The following account(s) listed below: 1) have a balance too small to proceed with project 2) have no further commitments, 3) will not be used per Resolution definition of project 4) have had no activity for a number of years, or 5) have never been used. Org. # Account Name Unencumbered Balance 2007/08 Future Debt Service Debt Service 39311206 Rehab of Streets $830,000 $41,229 $788,771 /Curbs/ Sidewalks REFERRED TO THE COMMITTEE ON FINANCE. NO. 7 BOND CLOSEOUT The City of Buffalo issues bonds to provide funds to finance the costs of various capital projects which are described in the bond resolutions submitted to the Common Council. When we raise capital funds by selling bonds, it is reasonable to anticipate that all of the projects will proceed timely and binding commitments for the completion of the projects will be entered into in a timely manner. Proceeds of bonds not expended for the object or purpose for which the bonds were sold must be applied to the payment of principal and interest on such bonds (Local Finance Law - Section 165.00) The following account(s) listed on the attachment: 1) have a balance too small to proceed with project 2) have no further commitments, 3) will not be used per Resolution definition of project 4) have had no activity for a number of years— or 5) have never been used. Organization Code #: Account Name Unencumbered Balance Total Various, Various, $126,859.40 see attached listing see attached listing Mr. Bonifacio moved: That the above communication from the Comptroller, dated December 7, 2006, be received and filed; and That the Comptroller be, and he hereby is authorized to close out accounts listed on the attached, for an unencumbered balance total of $126,859.40. PASSED AYES - 9 NOES -0 NO. 8 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS OFFICE OF STRATEGIC PLANNING LIP, CITIZEN SERVICES 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 20,000 be transferred and reappropriated from the Office of Strategic Planning to Citizen Services. as set forth below: FROM Mayor - Office of Strategic Planning $20,000 10309006 - 480000 Other Services Mayor - Citizen Services $20,000 10319006- 480000 Other Services Dated: Buffalo, NY, December 8, 2006 RECEIVED AND FILED NO. 9 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS ENGINEERING COMMUNITY SERVICES 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 $40,000 be transferred and reappropriated from Engineering, as set forth below: From: Public Works- Engineering -Road Repairs $40,000 13112006 - 443100 To Community Services - Recreation Programming -Other Contractual $40,000 15515006 - 434000 Dated: Buffalo, NY, December 8, 2006 RECEIVED AND FILED NO. 10 LOCAL LAW INTRO #19 (2006) BUDGET /PERSONNEL AMENDMENT - ADMINISTRATION, FINANCE, POLICY, URBAN AFFAIRS Please be advised that the comptroller opposes the budget and personnel amendment before you that purports to create a new position of commissioner of administration, finance, & urban affairs and increase the salary from $83,000 to $104,000. It is my position that the filing is illegal in its form because it lacks the comptroller's endorsement. While it is the position of the administration that it does not need the comptroller's endorsement to increase a salary in the middle of a fiscal year, it is my position that under the City Charter, Section 24 -15, the comptroller's endorsement is required. Further, let me state that I believe the justification used by the administration to create a new title and increase the salary by $21,000 is very weak, and amounts to a change in the title, adding the word "policy," to duties that have previously been performed by the commissioner of administration and finance - -minus the word policy in the title. Also, it is my position that the proposed amendment is unfair to the city salary structure given the amount of the salary and the current wage freeze. There are standards within this city that have been maintained for years, and this increase displays a total devaluation of the city workforce. RECEIVED AND FILED NO. 11 CERTIFICATE OF APPOINTMENT Appointment Effective November 29, 2006 in the Department of Audit & Control Division of Audit to the Position of Supervising Auditor, Temporary Promotion, Non - Competitive at the intermediate Starting Salary of $47,456 Elizabeth Mancuso, 115 Middlesex Road, Buffalo NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 12 CERTIFICATE OF APPOINTMENT Appointment Effective: 12/04/2006 In the Department of Audit & Control Division of Audit to the position of City Auditor Exempt Appointment at the flat Starting Salary of $ 73,209 Darryl McPherson 600 Main St. 901 Buffalo, NY 14204 RECEIVED AND FILED FROM THE PRESIDENT OF THE COUNCIL NO. 13 OUTLINING STRATEGY TO GET ILLEGAL GUNS OFF THE STREETS Dear Mr. Chwatinski: In light of the cowardly shooting of Buffalo Police Officers Patricia A. Parete and Carl E. Andolina, I am filing copies of earlier Common Council resolutions outlining a strategy to get illegal guns off the streets. In the mid- 1990's the Buffalo Police Department did in fact initiate a gun- intercept program operating out of Precinct 12 and numerous illegal guns were confiscated. Now that it is more important than ever to remove these guns from city streets, I am asking that the Buffalo Police Commissioner determine whether or not elements of the city's prior gun intercept program are currently being implemented, or if these strategies can be implemented in new ways to protect people from gun crimes. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIOONER OF POLICE FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS NO. 14 CERTIFICATE OF APPOINTMENT Appointment Effective 11/28/2006 in the Department of MIS to the position of System Administrator Provisional Appointment at the Starting Salary of $52785 James Seguin, 91 Larchmont, Buffalo, NY 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 16 REPORT OF BIDS FRANCZYK PARK ENVIRONMENTAL REMEDIATION & PARK RECONSTRUCTION (FILLMORE) I advertised on November 8, 2006 and have received the following unit price bids for the environmental remediation and reconstruction of Franczyk Park, which were publicly opened & read on December 6, 2006. General Contractor Base Bid & Alternates Unit Price Increase" Hohl Industrial Services, Inc $1,735,826.63 "'. $1,822,617.96 Nature's Way Environmental Contractors $1,789,387.00 ". $1,878,856.35 Visone Construction, Inc $1,817,267.00 ". $1,908.130.35 O P -Tech Environmental Services, Inc $1,968,700.00 ". $2,067,135.00 Pinto Construction Services, Inc $2,100,399.35 $2,205,419.31 Mark Cerrone, Inc $2,319,598.00 $2,435,577.90 — Corrected Unit Bid Total I hereby certify the foregoing is a true and correct statement of the bids received and that Hohl Industrial Services, Inc. of 770 Riverview Boulevard, Tonawanda, NY 14150 is the lowest responsible bidder in accordance with the plans and specifications; and that the contract amount is $1,823,308.94. '($1,736,484.71 Base Bid + 5% unit price increase $86,824.23 = Total $1,823,308.94). 1 request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. The Engineers estimate for this project was $2,000,000. Funds for this work will be made available through an inter -fund loan to be approved under a separate Council Item. The New York State Department of Environmental Conservation has awarded a State Assistance Grant, which will reimburse 90% of environmental remediation costs, to the City for this project. Permission is requested to accept the NYSDEC reimbursement funds and deposit them into the proper capital account throughout construction. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 6, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Franczyk Park Environmental Remediation & Park Reconstruction, to Hohl Industrial Services, the lowest responsible bidder, in the amount of $1,823,308.94 ($1,8736,484.71 Base Bid + 5% unit price increase $86,824.23 = $1,823,308.94. Funds for the project will be made available through an inter -fund loan to be approved under a separate Council item. The Commissioner of Public Works, Parks and Streets is requested to accept the NYSDEC reimbursement funds and deposit them into the proper capital account, throughout construction. PASSED AYES - 9 NOES -0 NO. 16 REPORT OF BIDS; REPAIR OF STREETLIGHT FOUNDATIONS AND KNOCKDOWNS CITYWIDE - GROUP #663 This is to advise Your Honorable Body that I have advertised and received public bids on November 22, 2006 for Repair of Streetlight Foundations and Knockdowns Citywide - Group 663. These bids were necessary as a result of an October 20, 2004 notification from National Grid informing the City that they will no longer handle streetlight standard repairs as related to knockdowns. In obtaining bids for the above project, I have requested bids on a unit price basis covering the various items of work and materials, which will be performed. The final cost of the work will be based on the actual measured quantities of material entering into the work and may be either more or less than the total bid. The Following bids were received: CONTRACTOR BASE BID UNIT PRICE INCREASE O'Connell Electric Co. $231,340.00 $254,474.00 929B Ransom Road Lancaster, New York 14207 1 hereby certify that the lowest responsible bidder for the above project is O'Connel Electric Co. with a base bid amount of $231,340.00. The Engineers estimate for this work is $250,000.00 and funds are available in our Capital Project Accounts # 30032106- 445100 and 39311106- 445100. I respectfully recommend that Your Honorable Body authorize a contract award to O'Connell Electric CO. in accordance with their low bid on December 6, 2006 in the amount of $254,472.00. (Base Bid of $231,340.00 + [10% unit price increase] $23,134.00 = [total award] $254,474.00). This award and execution of the contract are contingent upon the contractor complying with the City's recently approved Apprentice Program and MBEM/BE sub - contractor goals. The attached is certified to be true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by January 14 2007. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 6, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Repair of Streetlight Foundations and Knockdowns Citywide - Group 663, to O'Connell Electric Co., the lowest responsible bidder, in the amount of $254,472.00 (Base Bid of $231,340.00 = [10% unit price increase] @23,234 = [total award] $254,474.00. Funds for the project are available in Capital Project Accounts #30032106 - 445100 and 39311106- 445100. PASSED AYES - 9 NOES -0 NO. 17 448 DELAWARE AVENUE; ENCROACHMENT INTO CITY RIGHT OF WAY (ELLICOTT DISTRICT) Mr. Mathew Moscati, owner of the property located at 448 Delaware Avenue, has requested permission to install a stone wall with iron railing within City right of way at said address. The overall height of the wall and railing is less than four feet. The public sidewalk would be unaffected by said installation. Mr. Moscati has applied for the appropriate building permit ( #99583) and is under review by the Preservation Board. This department has reviewed this application with regards to the encroachment issue only and has no objection provided the following conditions are met: 1. That the wall and railing be installed exactly as shown on plans approved by the department of Inspection services. 2. That the applicant be responsible for maintenance of the encroachment as long as it remains within City right of way. 3. That the applicant supply this department with a certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use or removal of said encroachment. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE PRESERVATION BOARD NO. 18 PERMISSION TO RETAIN CONSULTANT KLEINHANS MUSIC HALL CONDITION ASSESSMENT SURVEY Permission is hereby requested from Your Honorable Body to retain a consultant to perform a Condition Assessment Survey of Kleinhans Music Hall. The project will determine the buUding's five year capital needs. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated November 29, 2006 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to retain a consultant to perform a Condition Assessment Survey of Kleinhans MusicHall with final approval by the Common Council PASSED AYES - 9 NOES -0 NO. 19 PERMISSION TO RETAIN CONSULTANT RENOVATION OF CITY COURT 2007 Permission is hereby requested from Your Honorable Body to retain a consultant to design, prepare contract documents and provide services during construction for Renovation of City Court 2007. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated November 29, 2006 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to retain a consultant to design, prepare contract documents and provide services during construction for Renovation of City Court 2007 PASSED AYES - 9 NOES -0 NO. 20 PROPOSALS - CITY HALL CAFETERIA Proposals were solicited for the operation of the cafeteria at City Hall. Proposals were due in the office of the Commissioner of Public Works on November 10, 2006. One proposal was received. The proposal was from Brand -On Services II, Inc., who is the current operator of the cafeteria. The proposal received would continue the operations as they exist now, and at the same payment to the city of $5,000 per year. I request authorization to enter into a three (3) year contract with Brand -On Services II, Inc. beginning January 1, 2007 for the operation of the City Hall cafeteria. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF POLICE NO. 21 APPROVAL TO SELL USED BPD MOTORCYCLES The Buffalo Police Department hereby requests approval from your honorable body to engage in the process of replacing older, used Departmental traffic motorcycles with new, unused motorcycles. The Department will sell the older, used motorcycles through competitive bidding process. The proceeds from the sale, along with funds already approved in the 2006/2007 BPD capital budget, will be utilized to purchase the new bikes. The Department will sell 19 existing motorcycles and purchase 10 new motorcycles. All new motorcycles will be marked vehicles with appropriate BPD decals and required equipment. Mr. Bonifacio moved: That the above communication from the Commissioner of Police dated November 30, 2006 be received and filed; and That the Commissioner of Police be, and he hereby is authorized to sell older, used motorcycles through competitive bidding process. The proceeds from the sale, along with funds already approved in the 2006/2007 Buffalo Police Department capital budget, will be utilized to purchase the new motorcycles. PASSED AYES - 9 NOES -0 FROM THE CORPORATION COUNSEL NO. 22 NO 91 CCP SEPTEMBER 5, 200— J.KNIGHT SALE /DEVELOPMENT- 117 & 120 FENTON ST. (FINANCE) Your Honorable Body has asked for the Corporation Counsel to provide a response regarding the above - referenced item currently before the Common Council's Finance Committee. It appears that the item is a request from a private entity to purchase certain parcels from the City of Buffalo. The Division of Real Estate is authorized to sell City property subject to the approval of • the Common Council in accordance with the requirements of Article 27 of the City Charter, which in addition to certain other requirements requires either the appraisal process or public auction. Should the necessary steps be taken by the Division of Real Estate and Your Honorable • Body to authorize the sale of certain parcels of land referenced in the request, our office will assist in preparing the necessary documents to effectuate same- REFERRED TO THE COMMITTEE ON FINANCE NO. 23 MARYNER REDEVELOPMENT - REFUND OF EXCESS REAL PROPERTY TAXES 2002 -2003; 2003 -2004; 2004 -2006 On December 2, 1969, a contract was executed by the City of Buffalo and Maryner Redevelopment, limiting Maryner Redevelopment's real property tax liability as to certain properties, pursuant to and in accordance with Section 236 of the National Housing Act of 1968 and Article V of the Private Housing Finance Law. This contract places a real property tax ceiling of $74,000 as to City and County taxes exempts combined, and exempts the real property from any further similar tax for the period of forty years, beginning December 30, 1969. 1 Consequently, if in any one fiscal year the combined City and County real property tax exceeds $74,000, the taxpayer is entitled to a refund of the excess. This refund is apportioned between the City and County, according to the tax rates prevailing at the time. The parcels subject to the contract are 186 Efner Street, known as Maryner Towers Apartments 2002 -2003 City Tax $65,112.20 2003 County Tax $11,389.06 Total tax paid $76,501.26 Less combined ceiling $ 74,000.00 Overpayment $ 2,501.26 City's share (.851 x 2,501.26) _ $2 128.89 2003 -0004 City Tax $77,328.46 2004 County Tax $8,787.14 Total Tax Paid $86,115.60 Less Combined Ceiling $ 74,000.00 Overpayment $12,115.60 City's Share (.919 x 12,115.6) _ $11 138.01 2004 -2005 City Tax $71,337.56 2005 County Tax $9,721.19 Total Tax Paid $81,058.75 Less Combined Ceiling $ 74,000.00 Overpayment $ 7,058.75 Total 2002 -03, 2003 -04, and 2004 -05 $19,479.11 1 therefore request that the Comptroller be authorized to refund to CRM Rental Management, Inc., as manager of Maryner Towers Apartments, a total of $19,212.21 for excess property taxes paid on 186 Efner Street for the 2002 -03, 2003 -04, and 2004 -2005 city fiscal tax years. Mr. Bonifacio moved: That the communication from the Corporation Counsel, dated November 29, 2006, be received and filed; and That the Comptroller be, and he hereby is authorized to prepare a check for Maryner Redevelopment, 186 Efner Street - Refund of Excess Real Property Taxes, 2002 -2003, 2003 -2004 and 2004 -05. PASSED AYES - 9 NOES -0 NO. 24 MUNICIPAL CODE VIOLATIONS REPORT (ITEM NO. 96, C.C.P. 02121106) Your Honorable Body has asked the Bureau of Administrative Adjudication to file a monthly report indicating the total number of violations cited by the violation type for each department, division and /or office charged with issuing violation notices. Attached are the requested reports for violations cited during the months of September and October 2006. As you can see from the reports, the various departments issued 728 summonses during the month of September and 518 summonses during the month of October. RECEIVED AND FILED NO. 26 TRANSFER OF PORTION OF 37 KANE FINANCE ITEM 10 CCP OCTOBER 31, 2006— RE- TRANSFER PORTION 37 KANE (FINANCE) Your Honorable Body has asked for the Corporation Counsel to provide a response regarding the above - referenced item currently before the Common Council's Finance Committee. Please be advised that the item appears to be a request from the Division of Real Estate for Your Honorable Body's authorization for the City to take title to a portion of Kane Street: Should Your Honorable Body approve this request, our office will assist in drafting any documents necessary to effectuate the transfer. RECEIVED AND FILED NO. 26 RES 111 CCP OCTOBER 3 I, 2006, CORN 25 CCP NOVEMBER 14, 2006) RE- VACANT LOTS BEING CHARGED A USER FEE (FINANCE) Your Honorable Body has asked for the Corporation Counsel to provide a response regarding the above - referenced items currently before the Common Council's Finance Committee. There is no legal authority for not charging user fees (or waiving such fees) to a user based on it being a vacant lot. Under the New York State Constitution Article VIII, § 1, the City cannot create exemptions from the user fee based upon the property being a vacant lot or other characteristics of the user or property owner as prohibited gifts of public funds to individuals. Waiver of fees correctly imposed would constitute such an unconstitutional gift. REFERRED TO THE COMMITTEE ON FINANCE NO. 27 (ITEM 42 CCP OCTOBER 17, 2006) Re- Waiver /Reduction of Fine for Trash Removal (Finance) Your Honorable Body has asked for the Corporation Counsel to provide a response regarding the above - referenced item currently before the Common Council's Finance Committee. Please be advised that our office is not aware of any authority that would allow the Common Council to reduce or waive a fine. Our office recommends that the entity requesting such relief request a hearing with the Bureau of Administration Adjudication in accordance with Chapters 137 and 216 of the City Code, RECEIVED AND FILED FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 28 INFO DELI 388 PADEREWSKI Application available in the City Clerk's Office RECEIVED AND FILED FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE & URBAN AFFAIRS NO. 29 CERTIFICATE OF APPOINTMENT Appointment Effective December 4, 2006 in the Department Administration, Finance and Urban Affairs of Division of Treasury to the Position of Assistant Collection Officer, Provisional Appointment at the third step of $35,518.00 Carnmen Bryant, 393 Herman St, Buffalo, NY 14211 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CITY CLERK NO. 30 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name 2100 Fillmore Avenue No Name Given Desmond Allen 641 Main St. MOXY2 LLC MOXY2 LLC 864 Kenmore Ave. Curry's Rest Inc. 864 Kenmore 692 Fulton St. Tunies Tavern James Szaros 30 Missippippi St. W. J. Morrisseys WNY Pub Group RECEIVED AND FILED. NO. 31 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Public Works, Parks & Streets -Joan Gulczewski Police - Rachelle Levesque - Pratts, Deborah Kufel, Debra Perry, Frank Puma Jr., Shelli Maraschiello, Robert Delaney RECEIVED AND FILED. NO. 32 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority- 12/6/06 RECEIVED AND FILED. NO. 33 APPOINTMENTS - MAYOR'S YOUTH OPPORTUNITY & EMPLOYMENT I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Program. RECEIVED AND FILED. Appointment Effective November 22, 2006 in the Executive Department, Division of Mayor, to the position of Intern VI, Seasonal, Non - Competitive, at the flat starting salary of $10.00 /hr. Lawrence (Benn) E. Kuhns 23 Wadsworth Street Buffalo, NY 14201 NO. 34 NOTICES OF APPOINTMENTS - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. DEPARTMENT OF PUBLIC WORKS, PARKS AND STREETS Appointment Effective November 20, 2006 in the Department of Public Works, Parks and Streets, Division of Streets, to the position of Laborer II, Seasonal, at the starting salary of $8.15/hr. Jason Austin 708 East Ferry Street Buffalo, New York 14211 NO. 35 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. DEPARTMENT OF ASSESSMENT AND TAXATION Appointment Effective December 4, 2006 in the Department of Assessment and Taxation, to the position of Associate Tax Clerk, Temporary, at the minimum starting salary of $30,473. Robyn Tisdale 31 Dartmouth Avenue Buffalo, NY 14215 DEPARTMENT OF PUBLIC WORKS, PARKS AND STREETS Appointment Effective November 29, 2006 in the Department of Public Works, Parks & Streets, Division of Buildings, to the position of Senior First Class Stationary Engineer, Temporary, at the flat starting salary of $10.25/hr. Reginald G. Goston 378 Northland Avenue Buffalo, NY 14208 Appointment Effective November 26, 2006 in the Department of Public Works, Parks & Streets, Division of Buildings, to the position of Senior First Class Stationary Engineer, Temporary, at the flat starting salary of $10.25/hr. Daniel J. Schamann 147 Marine Drive, Apt. 8C Buffalo, NY 14202 Appointment Effective November 25, 2006 in the Department of Public Works, Parks & Streets, Division of Buildings, to the position of Senior First Class Stationary Engineer, Temporary, at the flat starting salary of $10.25/hr. Bryan O'Connor 167 Eden Street Buffalo, NY 14220 Peter Klemann 154 Woodward Avenue Buffalo, NY 14214 Appointment Effective November 24, 2006 in the Department of Public Works, Parks & Streets, Division of Buildings, to the position of Senior First Class Stationary Engineer, Temporary, at the flat starting salary of $10.25/hr. John R. Womer 4 Rebecca Park Buffalo, NY 14220 Peter J. Lonergan 24 Red Jacket Parkway Buffalo, NY 14220 Appointment Effective November 20, 2006 in the Department of Public Works, Parks & Streets, Division of Buildings, to the position of Senior First Class Stationary Engineer, Temporary, at the flat starting salary of $10.25/hr. Timothy D. Devany 18 Mumford Street Buffalo. NY 14220 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS LPCIMINELLI NO. 36 BOARD PACKET DOCUMENTS 12/04/2006 Attached are the following documents from the Joint Schools Construction Board meeting scheduled on December 4, 2006: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated November 6, 2006 3. Fully executed Phase II Application and Certificate for Payment No. 25 - October 2006 4. Phase II Application and Certificate for Payment No. 26 - November 2006 5. Program Packaging and Development Services (PPDS) Provider Update 6. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase II Project - October 2006 7. Buffalo Niagara JOBS Initiative Update RECEIVED AND FILED NO. 37 PARKING ON FRANKLIN STREET Dear Mr. Chwalinski, Please file the attached item for further discussion at the next Common Council session to be held November 28,2006. Thank you in advance for your assistance in this matter. Sincerely, Brian C. Davis Ellicott District Councilmember As a business owner of 30 years in the city of Buffalo (on Franklin Street for over 15 years), I am writing to make you aware of an untenable situation in regards to public safety. I am not alone in the following complaint, as Helen and John Dempsey (at 561 Franklin) have identical concerns. Since the recent initiation of parking regulations allowing cars to park on both sides of Franklin we have had two near accidents in just 2 weeks, It is impossible to safely exit our driveway into traffic, since vision is completely obscured by parked cars, and at the same time we must pull out and around parked cars on the street, to get out into traffic. This is a dangerous situation now, and in the winter, as the street gets "narrower" due to plowing, it wilt be considerably worse. Additionally, I have photos showing how car traffic has proceeded on the sidewalk on Franklin to get around a large stopped truck that (with cars parked on both sides) blocks the entire street. I also have photos of numerous cars, unable to get around, electing to drive the wrong way up the one way section of Franklin. I would be happy to share those with your investigators, While you probably will not consider changing the entire street back, I hope you will at least consider moving the "no parking here to corner" sign down to the fire hydrant in front of my neighbors at 547 Franklin. This would at least alleviate the problem for their tenants and my employees and clients, I hope you might contact me personally when ready to make your evaluation so I may show you, firsthand, how difficult it is to access our business. I am sure the merchants on Allen Street are happy to have more customer parking and I appreciate their desire, however, to enhance the situation for some businesses at the detriment of others seems to me, unreasonable. I look forward to your response and thank you in advance for your attention, REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS NO. 38 SIDEWALK REPAIR WILLIAM STREET FROM STANTON TO SHUMWAY Praise Tabernacle Church has invested in the beautification of the community and would like the sidewalk that stretch from 704 William Street to 696 William Street to be restored. We are enclosing pictures of the said area and pray that the City will have them repaired as we expect to continue our works within the community. We are also enclosing part of our portfolio, it explains our accomplishments in the community over the past years, and it shows our intentions for the future. Our sincere thanks for your reply. REFERRED TO THE COMMISSIONER OF PUBLIC WORKS NO. 39 REAPPOINT LIVING WAGE COMMISSION In conformance with the provisions of the Buffalo Living Wage Ordinance (Section 96 -19 of Chapter 96 of the Code of the City of Buffalo), Cot'nell University selects one representative to the Living Wage Commission, for a term of three years. For the past three years, I have served in that capacity as the Cornell ILR representative. During that time I have also served as Chair of the Commission. This is to notify you that Cornell is reappointing me to serve on the Commission for another three -year term. I accept this responsibility because I think the Living Wage Ordinance is a very important law and I am committed to its success in assuring living wages to the City's employees and contract workers. I am also willing to volunteer my time to this effort because we have a very dedicated and diverse group of commissioners, excellent support from 1313 Law School, and extraordinary legal counsel. As a result of their efforts we have made considerable progress in enforcing and implementing the provisions of the ordinance, however, much remains to be done in order to make the law an efficiently functioning reality in practice. That is the final reasons why I accept this reappointment. I look forward to working with you toward realizing the goals clearly articulated in the legislative intent provisions of the ordinance. Respectfully yours, Lou Jean Fleron Director RECEIVED AND FILED NO. 40 AUTHORIZATION TO APPLY FOR GRANT FUNDING BUFFALO SEWER AUTHORITY (BSA) Please file the attached Resolution of the Buffalo Sewer Authority (BSA) dated December 6, 2006: Authorization to apply for Grant funding under the shared municipal services incentive (SMS) grant program. Please refer to the Committee on Community Development.. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 41 NOTICE OF HEARING BRAND ON SERVICES Dear Mr. Chwalinski: Pursuant to the Hearing Rules of the Living Wage Commission, I am filing with you a notice of hearing regarding Brand - On Services, Inc. for December 14, 2006, along with a copy of the Rules. RECEIVED AND FILED NO. 42 INFO PAUL GAETA Please refer to past correspondence regarding Paul Gaeta, Executive Director of the pubfically funded A.B.L.E.Y. (Adv'isory Board Lovejoy Elderly & Youth) from 1978 - 1994. The enclosed information explains his arrest on November 28, 2006 in Tuscon, Arizona. As you will recall, Gaeta wrote a grant and received $2.7 million from the New York State Office of Children & Family Services (formerly the Division For Youth, John Johnson, Director) to build an office building in Hennepin Park in the City of Buffalo. Permission was given for this building by State Senator William Stachowski and the National Park Service in Washington, D.C., despite the protests of many area residents. Gaeta was also allowed to adopt children through the Erie County Social Services Department (Frank Clark, EC District Attorney). If you require any further information, please contact one of the above. RECEIVED AND FILED NO. 43 A. THOMPSON- LIVING WAGE ORDINANCE AMENDMENT On behalf of the Masten District Council Office and its residents, I would like to offer my full support for the increase of living wage ordinance amendment proposed by Councilmember Fontana from $8.15 per hour to $9.59 with health benefits and $10.77 without benefits. This increase is scheduled to go into effect on January I, 2007. As an advocate for a living wage, this would greatly affect the quality of life for employees of the City of Buffalo. While our cost of living may be low in comparison to larger cities, it continues to rise nonetheless, affecting everyday life. Attached, please find a letter produced by the City of Buffalo Living Wage Commission stating various legally enforceable reasons for why an increase for the living wage ordinance would be exempt from the Buffalo Fiscal Stability Authority's (BFSA) wage freeze. In closing, I am in full agreement and offer my support for the proposed living wage increase. If my office can be of any further assistance, please feel free to contact (716) 851 -5145. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 44 REVIEW OF SCHOOL ZONE SIGNAGE Dear Commissioner Giambra: On behalf of the Masten District Council Office and its residents, I am writing this letter in request of multiple complaints that I've received in regards to a lack of appropriate signage surrounding school zones. Please check and install proper signage indicating a 15mph zone around each respective school. Below, please find a list of schools (both public and private) within the Masten District: Bennett High School 2885 Main Street Buffalo NY 14214 Burgard Vocational High School 400 Kensington Avenue Buffalo NY 14214 Seneca Vocational High School 666 East Delavan Avenue Buffalo NY 14215 East High School #307 820 Northampton Buffalo NY 14211 Dr. Lydia T. Wright School of Excellence #89 106 Appenheimer Buffalo N4 14214 Dr. Charles R. Drew Science Magnet School #59 775 Best Street Buffalo NY 14211 Hamlin Park School #74 126 Donaldson Road Buffalo NY 14208 Community School #53 329 Roehrer Buffalo NY 14208 Erie County Health Care Center for Children #84 462 Grider Street Buffalo NY 14215 Early Childhood Center #61 453 Leroy Avenue Buffalo NY 14215 Dr. MLK Multicultural Institute #39 165 E. Utica St. Buffalo, NY 14208 KIPP Sankofa Charter School 140 Central Park Plaza Buffalo, NY 14214 Buffalo United Charter School 325 Manhattan Ave. Buffalo, NY 14214 With the school year in session, I would greatly appreciate your expedited service to insuring the safety, of all our children. If my office can be of any further assistance, please feel free to contact my office at (716) 851 -5145. REFERRED TO THE COMMISSIONER OF PUBLIC WORKS NO. 45 CONCERNS 399 FRANKLIN ST Dear Council President Franczyk and Honored Members of the Common Council, We are concerned about the inexplicable vote on the part of the Buffalo Preservation Board to demolish 399 Franklin Street in Allentown, which research has identified as the Cornelius Miller Horton house, built circa 1867 (see appendix). Our fax of this letter, as happens so often, apparently was lost. Considering that there is a designated, professional architectural historian on the Preservation Board, we are disturbed that an ordinary citizen had to unearth the history of this house. The Board appears to have expressed no knowledge of or interest in the house's history, which surely should have been a prime consideration in this vote. In order to demonstrate public support for saving this house, the Coalition launched an online petition. At this writing, there are over 225 signatures, which may be viewed at: http:// www. petitiononline .com /399Frank/petition.html. Nevertheless, we are mystified as to why the public must petition the Preservation Board to save a structure in Allentown, a designated preservation district, especially a building that no one can claim is "tun far gone." We thought that was their job and reason for existence. In case we were mistaken, we turned to the Chapter 337 of the Charter and Ordinances of the City of Buffalo, "Preservation Standards," and we found this language: ARTICLE I, Purpose; Definitions § 337 -1. Purpose. A. It is hereby declared as a matter of public policy that preservation, protection, conservation, enhancement, perpetuation and utilization of sites, buildings, improvements and districts of special character, historical/ or aesthetic interest or value are necessary and required in the interest of the health, education, culture, prosperity, safety and high quality of life of the people. B. The purpose of this Preservation Code is to: (1) Promote the intellectual, cultural and general welfare as well as the economic well -being of the people of the city. (2) Safeguard the city's history and heritage as embodied and reflected in its landmarks, landmark sites and historic districts. (3) Preserve, protect, perpetuate and utilize landmarks, landmark sites, historic districts, neighborhoods, areas, places, buildings, structures and improvements which have a distinctive character or are of historic, aesthetic, architectural, archeologicel or cultural interest or value to this city, state or nation. (4) Stabilize and improve property values in the city. (5) Avoid demolition of historically or architecturally important properties. (6) Enhance the visual and aesthetic character, diversity and distinctiveness of the city. (7) Enhance the city's attraction for residents, visitors, tourists and prospective residents. (8) Preserve the economic and architectural integrity of vacant or underutilized landmark properties by means of substantial rehabilitation and adaptive reuse. [Added 7 -31 -1990, effective 8 -16 -1990] [emphasis added] We conclude from the passages in italics that in this case the Preservation Board violated its responsibilities as defined by the Charter and Ordinances. The Preservation Coalition hereby calls upon the Common Council to A) investigate the process that lead to an outcome that is in defiance of City Ordinance and to B) overturn the vote. Cynthia M. Van Ness President of the Board of Trustees REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNCIL AND THE PRESERVATION BOARD PETITIONS NO. 46 M. BENTHIN, AGENT, USE 242 HOPKINS -ERECT A STEEL SIDED POLE BARN TO ENCLOSE AN EXISTING CONCRETE MANUFACTURING PLANT (SOUTH) (HRG. 12/19) REFERRED TO THE COMMITTEE ON LEGISLATION, AND THE CITY PLAN BD. NO. 47 R. SASALA, OWNER, USE 253 ALLEN - SIT -IN RESTAURANT /OUTDOOR CAF— (ELL) (PHONE #) (884 -4357) The attached is for Common Council Approval; but per Permits, no public hearing is required. Mr. Bonifacio moved: That the above communication from R. Sasala, 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 a "mere license" to R. Sasala, owner, located at 253 Allen Street, to install a sit -in restaurant /outdoor caf6 12' 10" x 5' and handicap ramp which would encroach city right -of -way at said address, subject to the conditions as, requested by the Commissioner. PASSED AYES - 9 NOES -0 NO. 48 XIN YONG YANG, OWNER, USE 2262 SENECA- RESTAURANT - (SOUTH) The attached is for Common Council Approval; but per Permits, no public hearing is required. REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD. REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 49 NOTICES OF APPOINTMENT - TEMP /PROV /PERM CCP# 36, 11/28 That the above item be the same and is hereby received and filed ADOPTED FINANCE (BRIAN C. DAVIS, CHAIRMAN) NO. 50 D. BONIFACIO BFLO CIVIC AUTO RAMPS CCP# 46,10/31 That the above item be the same and is hereby received and filed ADOPTED NO. 51 MEDAILLE COLLEGE REQUEST TO MAKE PHYSICAL AND COSMETIC IMPROVEMENTS TO THE 90 FOOT BASEBALL DIAMOND LOCATED AT MCCARTHY PARK (ITEM NO. 60, C.C.P., OCT. 3, 2006) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to allow Medialle College to make physical and cosmetic improvements to the 90 foot baseball diamond located at McCarthy Park. That the applicant supply the Department of Public Works, Parks and Streets with a construction in street bond or certificate of insurance which will indemnify and hold harmless the City of Buffalo against any and all loss or damage arising out of the improvements; and that the improvements will be made at no cost to the City of Buffalo. PASSED AYES - 9 NOES -0 NO. 52 TRANSFER PORTIONS OF 37 AND 52 KANE (ITEM NO. 10, C.C.P., OCT. 31, 2006) That the request from the Law Office of Damon & Morey who represent New Opportunities Community Housing Development Corporation to transfer back two - 25' strips of land known as a portion of 37 Kane and a portion of 52 Kane to the City of Buffalo, be and hereby is approved; and That all taxes are paid in full, both parcels have a free and clear title and New Opportunities Community Housing Development Corporation pays all costs association with the transfer of title; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. PASSED AYES - 9 NOES -0 NO. 53 BENNETT -WELLS AMERICAN LEGION # 1780 - REQUEST WAVIER OF USER FEE (ITEM NO. 42, C.C.P., OCT. 17, 2006) 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. 54 VACANT LOTS BEING CHARGED A USER FEE (ITEM NO. 111, C.C.P., OCT. 31, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Davis moved that the above item be recommitted to the Committee on Finance. ADOPTED NO. 55 VACANT LOTS BEING CHARGED A USER FEE (PW) (ITEM NO. 25, C.C.P., NOV. 14, 2006) 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. 56 REQ TO PLACE CAMERAS AT STRATEGIC LOCATIONS( #2,11 /30)(POL) CCP# 73, 6/14 That the above item be the same and is hereby received and filed ADOPTED LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 57 ORDINANCE AMENDMENT - CHAPTER 293 — NOISE (ITEM NO. 101, C.C.P., NOV. 28, 2006) That after the hearing before the Committee on Legislation on December 5, 2006, the Ordinance Amendment as contained in Item No. 101, C.C.P., November 28, 2006, be and the same hereby is approved. PASSED AYES - 9 NOES -0 NO. 58 FOOD STORE APPLICATION - INSPECTION REPORT -388 PADEREWSKI (CP) ( #17,11/28) That the above item be, and the same hereby is received and filed. ADOPTED. NO. 59 C. PALADINO, OWNER, USE 460 MAIN -PORT. OF 3 FLOOR -HUM. SVS. FAC. (ELL) (NO PUB HRG REQ) ( #50,11/14) That the above item be, and the same hereby is received and filed. ADOPTED NO. 60 R. DOLLMAN, PETITION TO USE 161 EIMWOOD - SIT -IN RESTAURANT (ITEM NO. 65, C.C.P., OCT. 3, 2006) (ITEM NO. 73, C.C.P., NOV. 14, 2006) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved: That after the public hearing before the Committee on Legislation on October 10, 2006, the petition of R. Dollman, agent, for permission to use 161 Elmwood Avenue for a sit -in restaurant be, and hereby is approved with the following conditions: 1. That the City Planning Board review and enforce what was originally approved for music on the outdoor patio at the original restaurant site; 2. That the applicant should turn down the music at 10:00 p.m.; 3. That there be no additional music on the outside patio at the new site of 161 Elmwood; 4. That no outdoor trash receptacles be placed on the patio, only service from the inside; 5. The applicant must close the outdoor patio by 11:00 p.m. PASSED AYES - 9 NOES -0 NO. 61 C. ELLIOTT -REQ. DEMO. -209 MACKINAW ST. (FILL) (#42,5/30) ( #90,6/27) That the above item be, and the same hereby is received and filed. ADOPTED. NO. 62 FOOD STORE LICENSE -388 PADEREWSKI (FILLMORE) ( #33,10/31) ( #72,11/14) That the above item be, and the same hereby is received and filed. ADOPTED. NO. 63 USED CAR DEALER - 779 GENESEE (ITEM NO. 35, C.C.P., OCT. 3, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the above item be and the same hereby is recommitted to the Committee on Legislation. ADOPTED. COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRMAN) NO. 64 DOWNTOWN RENEWAL PROJECT URBAN RENEWAL PLAN PHASE IV AMENDMENT (HRG. 12/12) CCP #97- 11/28/06 That the above item be and the same is returned to the Common Council without recommendation. RECOMMENDED BY THE COMMITTEE ON COMMUNITY DEVELOPMENT. A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of Same has been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mr. Bonifacio, seconded by Mr. Kearns, the item is properly before the Common Council, and the hearing is opened. CARRIED Appearances- Timothy Wanamaker, Director of Strategic Planning Mr. Bonifacio now moved that the hearing be closed. Seconded by Mr. Fontana. CARRIED. Mr. Golombek moved: That the members of the City Planning Board certify their unqualified approval of the Downtown Renewal Project Urban Renewal Plan Phase IV Amendment, as defined in Subdivision 3 of Section 502, Article 15 of the New York State Municipal Law do hereby designate the area, Downtown Renewal Project Urban Renewal Plan Phase IV, pursuant to Section 504, Article 15 of the New York State General Municipal Law, as being appropriate for Urban Renewal treatment; and That the Director of the Office of Strategic Planning is hereby directed and authorized to prepare the amendment to the Downtown Renewal Urban Renewal Plan Phase IV for the long -term, comprehensive redevelopment of the designated parcels with the approved areas. PASSED. AYES -9. NOES -0. NO. 65 DOWNTOWN RENEWAL PROJECT URBAN RENEWAL PLAN - PHASE IV - ADDITIONAL SITE DESIGNATION (CP) (ITEM NO. 4, CCP., NOV. 28, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the members of the City Planning Board certify their unqualified approval of the Downtown Renewal Project Urban Renewal Plan Phase IV Amendment, as defined in Subdivision 3 of Section 502, Article 15 of the New York State Municipal Law do hereby designate the area, Downtown Renewal Project Urban Renewal Plan Phase IV, pursuant to Section 504, Article 15 of the New York State General Municipal Law, as being appropriate for Urban Renewal treatment; and That the Director of the Office of Strategic Planning is hereby directed and authorized to prepare the amendment to the Downtown Renewal Urban Renewal Plan Phase IV for the long -term, comprehensive redevelopment of the designated parcels with the approved areas. PASSED. AYES -9. NOES -0. NO 66 REQ. TO AMEND LDA- 844 -864 MAIN ST. -800 MAIN ST. LLC- REDEVELOPER (HRG. 12/12) CCP #98 - 11/28/06 That the above item be and the same is returned to the Common Council without recommendation. RECOMMENDED BY THE COMMITTEE ON COMMUNITY DEVELOPMENT. A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mr. Bonifacio, seconded by Mrs. Russell, , the item is properly before the Common Council, and the hearing is opened. CARRIED Appearances — Michael Risman; Timothy Wanamaker, Director of Strategic Planning; J. Golombek Mr. Bonifacio now moved that the hearing be closed, Seconded by Mr. Fontana CARRIED Mr. Golombek moved: That after a public hearing on December 12, 2006, the Common Council does hereby designate 800 Main Street LLC and /or other legal entity to be formed as the qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency for 844 -864 Main Street. That the Mayor or any officer of the Buffalo Urban Renewal Agency is authorized to execute any and all deeds or other documents necessary to convey land described in the proposed "Land Disposition Agreement' to the City of Buffalo Urban Renewal Agency. PASSED. AYES -9. NOES -0. NO. 67 AMEND LDA 844 -864 MAIN STREET LLC 800 MAIN STREET LLC - REDEVELOPER (STRAT. P1.) (ITEM NO. 5, C.C.P., NOV. 28, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the above - mentioned item be and the same hereby is approved. PASSED AYES -9. NOES -0. NO. 68 J. GOLOMBEK- BUFFALO FIRST ARTICLE: "BUY BUFFALO" (#41,11/28) That the above item be, and the same hereby is received and filed. ADOPTED. SPECIAL COMMITTEES WATERFRONT DEVELOPMENT MICHAEL P. KEARNS CHAIRMAN NO. 69 HISTORY - MARINE DRIVE APARTMENTS (CP) ( #10,10/3) That the above item be, and the same hereby is received and filed. ADOPTED. NO. 70 REQ, GRANT FUNDING FOR NYS CANAL CORP. (EDPI) ( #30,10/3) That the above item be, and the same hereby is received and filed. ADOPTED. NO. 71 M. KEAMS- STATUS REMED. OF BFLO. /NIAGARA RIVERS- REDEV. OUTER HARBOR ( #89,9/5) That the above item be, and the same hereby is received and filed. ADOPTED. MINORITY BUSINESS ENTERPRISE COMMITTEE (ANTOINE M. THOMPSON, CHAIRMAN) NO. 72 TESTIMONY ON MINORITY BUSINESS ( #68,2/8) That the above item be, and the same hereby is received and filed. ADOPTED. NO. 73 A. THOMPSON NEWSARTICLES -INV. FOR BIDS -M/WBE GUIDELINES (#47,12/11 ) That the above item be, and the same hereby is received and filed. ADOPTED. NO. 74 A. THOMPSON -ART. BILK. ENT. ISSUE -BEST CITIES FOR AFR. AMER. TO LIVE IN ( #75,2/5) That the above item be and the same hereby is received and flied. ADOPTED. NO. 75 A. THOMPSON -L.P. CIMINELLI -SUMM. OF MINORITY/WOMEN BUS. CONTRACTING -PHASE 1 ( #73,6/28) That the above item be and the same hereby is received and flied. ADOPTED. NO. 76 A. THOMPSON- RACIAL INCOME GAP ( #82,12/26) That the above item be and the same hereby is received and filed. ADOPTED. NO. 77 A. THOMPSON -P. GAREIS -REQ. FOR INFO. -STAND SPECS -EQ. EMPL. OPP. SECT. ( #85,2/18) That the above item be and the same hereby is received and filed. ADOPTED. NO. 78 CITY REHAB. PROJECTS-C130-CONTRACTING PRACTICES (LAW) ( #35,3/18) That the above item be and the same hereby is received and filed. ADOPTED. NO. 79 A. THOM PSON-STAN DARD SPECIFICATIONS FOR CONST. /MATERIALS ( #82,3/18) That the above item be and the same hereby is received and filed. ADOPTED. NO. 80 A. THOMPSON -D. HILL - AWARDING OF CITY REHAB. PROJECTS II ( #70,3/4) ( #111,11/25) That the above item be and the same hereby is received and filed. RECEIVED AND FILED. NO. 81 A. THOMPSON -Q. LITTLETON- AWARDING OF CITY REHAB. PROJECTS ( #71,3/4) ( #112,11/25) That the above item be and the same hereby is received and filed. ADOPTED. NO. 82 A. THOMPSON- COMMITTEE'S REC. ON STIMULATING ECON. DEV. ( #73,3/4) ( #51,1/6) That the above item be and the same hereby is received and filed. ADOPTED. NO. 83 A. THOMPSON -COB STRATEGIC PLAN FOR COMM. EC. DEV. (#41,1/20) ( #118,4/13) That the above item be and the same hereby is received and filed. ADOPTED. NO. 84 SECTION 3 PROGRAM (ITEM NO. 60, C.C.P., OCT. 5, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Thompson moved: That the above item be and the same hereby is recommitted to the Special Committee on Minority Business Enterprise. ADOPTED. NO. 85 CONTRACT COMPLIANCE ON COB CAPITAL PROJECTS (COMM. SVS.) ( #29,10/19) That the above item be and the same hereby is received and filed. ADOPTED. NO. 86 CONTRACT COMPLIANCE ON COB CAPITAL PROJECTS (PW) ( #27,11/3) That the above item be and the same hereby is received and filed. ADOPTED. NO. 87 A. THOMPSON- EMPIRE ZONE DEVELOPMENT POLICY ( #106,5/3) That the above item be and the same hereby is received and filed. ADOPTED. NO. 88 BEVLAR & ASSOCIATES, INC.- EXECUTIVE SUMMARY ( #52,11/29) That the above item be and the same hereby is received and filed. ADOPTED. RESOLUTIONS NO. 89 By Mr. Bonifacio: DISCHARGE SPECIAL COMMITTEE ON BUDGET "2007 CAPITAL BUDGET RECOMMENDATIONS & FIVE YEAR PLAN" (ITEM #1, NOVEMBER 16, 2006 -AGENDA) Whereas: The above item is currently in the Special Committee on Budget; and It is no longer necessary for this item to be considered by that committee; Now, Therefore Be it Resolved: That this Common Council does hereby discharge the Special Committee on Budget from further consideration of Item #1, November 16, 2006 agenda and said item is now before the Common Council for its consideration. ATTACHMENT IN CLERK'S OFFICE. ADOPT DISCHARGE; PASSED AYES -9. NOES -0. NO. 90 By Mr. Bonifacio: DISCHARGE SPECIAL COMMITTEE ON BUDGET "CERTIFICATE OF NECESSITY- CAPITAL PROJECTS" ITEM #15, NOVEMBER 28, 2006 Whereas: The above item is currently in the Special Committee on Budget; and It is no longer necessary for this item to be considered by that committee; Now, Therefore Be it Resolved: That this Common Council does hereby discharge the Special Committee on Budget from further consideration of Item #15, November 28, 2006 agenda and said item is now before the Common Council for its consideration. ADOPT DISCHARGE; PASSED AYES -9. NOES -0. NO. 91 By Mr. Bonifacio: DISCHARGE SPECIAL COMMITTEE ON BUDGET CERTIFICATE OF NECESSITY - CAPITAL PROJECTS ITEM #100, NOVEMBER 28, 2006 Whereas: The above item is currently in the Special Committee on Budget; and It is no longer necessary for this item to be considered by that committee; Now, Therefore Be it Resolved: That this Common Council does hereby discharge the Special Committee on Budget from further consideration of Item # 100, November 28, 2006 agenda and said item is now before the Common Council for its consideration. ADOPT DISCHARGE; PASSED AYES -9. NOES -0. NO. 92 By: Brian C. Davis NEW YORK STATE QUALITY COMMUNITIES GRANT PROGRAM 2006 -2007 APPLICANT RESOLUTION Whereas: There is a need for an Urban Renewal Plan Project for the Buffalo Niagara Medical Campus, Allentown and the Fruit Belt sections of the City of Buffalo; and Whereas: This resolution authorizes the Office of Strategic Planning and the City of Buffalo to submit jointly with the Buffalo Niagara Medical Campus Inc. an application to the NYS Department of State Quality Communities Grant Program (2006 -2007) for Environmental Protection Funds to support The Urban Renewal Plan Project for the Buffalo Niagara Medical Campus, Allentown and the Fruit Belt to be submitted under the Community Downtown Program project type; and Whereas: This resolution, allows for the Executive Director of OSP to execute all administrative processes (jointly with BNMC Inc.) in relation to the Project; and Whereas: The funding requested through this program will allow the BNMC Inc. jointly with the City of Buffalo and vested interest in the Allentown and Fruit Belt neighborhoods, to draft a new Urban Renewal Plan encompassing their geographies. The application request for the project is 1112,500" with the local match required ($12,500) provided by BNMC Inc., and Whereas: BNMC Inc. jointly with COB Office of Strategic Planning will be responsible for Project Management and Coordination. In this capacity BNMC Inc. jointly with COB will coordinate the flow of project information throughout the Project to ensure quality, input and awareness of the Project and adherence to the requirements of NYS General Municipal Law. Now, Therefore Be It Resolved: That the City of Buffalo supports The Urban Renewal Plan Project for the Buffalo Niagara Medical Campus, Allentown and the Fruit Belt. ADOPTED. NO. 93 By: Mr. Davis TRANSFER OF FUNDS OFFICE OF STRATEGIC PLANNING CITIZEN SERVICES 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 $20,000 be and the same is hereby transferred from the Office of Strategic Planning and said sum is hereby reappropriated as set forth below: Mayor - Office of Strategic Planning From: Mayor — Office of Strategic Planning 10309006 - 480000 Other Services $20,000 To: Mayor - Citizen Services 10319006 - 480000 Other Services $20,000 PASSED AYES -9. NOES -0. NO. 94 By: Mr. Davis TRANSFER OF FUNDS ENGINEERING COMMUNITY SERVICES 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 $40,000 be and the same is hereby transferred Engineering and said sum is hereby reappropriated as set forth below: From: Public Works- Engineering -Road Repairs 13112006 - 443100 $40,000 To: Community Services - Recreation Programming -Other Contractual 15515006.434000 $40,000 PASSED AYES -9. NOES -0. NO. 95 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. The schedule of fines and penalties shall be as follows: Initial Additional Maximum Fine Penalty Penalty FINE CLASS D $75.00 $75.00 $75.00 Elevators and Conveyances - Chapter 167 Reaistration of Existina Elevators and other convevance - Chapter 167 -12 Elevators and Conveyances - Certificate of Operations - Chapter 167 -15 Elevator and Conveyances - Initial or Semi - Annual Inspection- Chapter 167 -15(b) Elevator and Convevances - Enforcement of Violations: Chapter 167 -17 and 19. APPROVED AS TO FORM Peter J. Savage Jr. Assistant Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted REFERRED TO THE COMMITTEE ON LEGISLATION NO. 96 By: Mr. Fontana ORDINANCE AMENDMENT CHAPTER 299, OBSCENITY The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 299 of the Code of the City of Buffalo be amended to read as follows: §299 -8.1 Sex Offender Residency Prohibition A. Legislative Intent The adoption of Megan's Law has increased public awareness of sexual offenders by requiring them to become registered with authorities and making such information available to the public. The City of Buffalo hereby enacts this ordinance to prevent sex offenders from residing or living near areas where children regularly meet and congregate. The City of Buffalo believes this legislation is necessary to further protect the best interest of all children, and to protect the health, safety and welfare of residents in the City of Buffalo. B. Residency Restrictions No person over the age of i8, who has been convicted of a violation of a sexual offense upon a child age 16 or under as defined by the New York State Penal Law, which would require that individual to register as a sex offender under state and /or federal laws, shall be permitted to reside or live within 1,500 feet of the real property of any school, park, playground or day care center in the City of Buffalo, unless such residence has been assigned by a supervised release program, which provides close supervision of the sex offender's daily activity, or the residency of said offender was established prior to the enactment of this legislation. For purposes of this chapter the following definitions shall apply: "School" shall mean the buildings, grounds or facilities, or any portion thereof, owned, occupied by or under the custody or control of public, private or parochial institutions for the primary purpose of providing educational instruction to students at or below the twelfth grade level. "Park" shall include all existing parks and all parks hereafter acquired or duly designated by the City of Buffalo. "Playground" shall mean an outdoor area open to the public where children play, which contains play equipment such as a sliding board, swing, jungle gym, sandbox or seesaw, or which is designated as a public play area, or which includes, but is not limited to, a baseball diamond or basketball courts. "Day Care Center" shall mean any public, private or parochial child -care center, school -age child -care program, day nursery school, kindergarten, play school or other similar school or service; any child -care arrangement licensed by the state; any facility that provides child -care services as defined in § 410 -p of the New York State Social Services Law; and any child -care center as defined in § 319 of the New York State Social Services Law. The definition of "day care center" applies whether or not care is given for compensation but does not include child day care centers located in private residences and multiple - dwelling units. C. Penalties Failure to comply with this section is considered a violation and may result in a fine of $1,500 and /or imprisonment for 15 days as provided in §1 -15 of the Charter and Code of the City of Buffalo. APPROVED AS TO FORM Peter J. Savage Jr. Assistant Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. REFERRED TO THE COMMITTEE ON LEGISLATION: THE COMMISSIONER OF POLICE, THE EC LEGISLATURE; THE EC EXECUTIVE, THE EC PROBATION, THE NYS PAROLE, THE NYS CORRECTIONS, AND THE EC SHERRIFS DEPT NO. 97 By: Mr. Franczyk APPOINTMENTS TO BOARD OF ASSESSMENT REVIEW Now, Therefore Be It Resolved: That pursuant to Article 5, Title I -A, Section 523 of the NYS Real Property Law, Board of Assessment Review, I am appointing Warren Glover, 17 Newport Avenue, Buffalo, New York, 14216, and Otis Cowart, 104 Ivy Street, Buffalo, New York, 14211, as temporary members of the Board of Assessment Review. ADOPTED NO. 98 By: Mr. Franczyk CITY OF BUFFALO LOCAL LAW NO# (2006) INTRODUCTORY NO. 18 (2006) A LOCAL LAW amending the Charter of the City of Buffalo in relation to the Department of Common Council. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That Article 24 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows: §24 -12. Salaries of Elective Officers. A mayor elected under this act shall receive an annual salary of one hundred and five thousand dollars. The comptroller shall receive an annual salary of eighty -eight thousand four hundred twelve dollars. Each council member shall receive an annual salary of fifty -two thousand dollars. Each of the aforementioned elective officials may choose to refuse any increase in annual salary if, in his or her opinion, the fiscal times so warrant. Any such refusal must be in writing and directed to the comptroller and the commissioner of administration and finance, and shall not affect the salary of future office holders or of the same individual if elected to a different office. The council president elected from the membership of the council shall receive, in addition to the salary above provided, the annual sum often thousand dollars. The council shall designate a majority leader and a minority leader, each of whom shall serve at the pleasure of the council. Any council member serving as majority leader shall receive, in addition to the salary above provided, the annual sum of five thousand dollars, and any council member serving as minority leader shall receive, in addition to the salary above provided, the annual sum of twenty -five hundred dollars, said sums to be paid such majority leader or minority leader, respectively, only while performing the additional duties. Any council member serving as and performing the additional duties of chairman of the following committees of the common council shall receive, in addition to the salary above provided, the annual sum of one thousand dollars: chairman of finance committee; chairman of legislation committee; chairman of civil service committee, chairman of community development committee, chairman of [education] claims committee. The failure of any council member or of the president of the council to attend any stated meeting of the council provided in this act or any meeting of the committee of the whole provided in the rules of the council, unless the council at such meeting, by a two - thirds vote of all the members elected thereto, excuse such failure to attend such meeting for reasons to be stated in the resolution of the council, shall result in a deduction equal to a one - fiftieth part of the salary of a council member for each such failure, and such deduction shall be made in certifying the payroll. Section 2. Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions of this law shall be controlling. Section 3. This local law shall take effect immediately upon its passage. APPROVED AS TO FORM Alisa A. Lukasiewicz Corporation Counsel Note: Matter underlined is new, Matter in brackets is to be deleted. LAID ON THE TABLE. NO. 99 By: Mr. Franczyk NEW YORK ECONOMIC DEVELOPMENT CAPITAL PROGRAM GRANT FOR DEMOLITION PROJECTS TO INCREASE ECONOMIC DEVELOPMENT POTENTIAL WHEREAS, The City of Buffalo has a large stock of vacant and dilapidated structures causing a blighting effect on their surrounding neighborhoods; WHEREAS, The City of Buffalo is in need of shovel ready sites to attract and encourage economic development in the City; WHEREAS, Targeted demolitions in the City of Buffalo will revitalize urban areas and stabilize neighborhoods as a means to attract residents and businesses; WHEREAS, Targeted demolitions in economically distressed areas, Empire Zones and Renewal Communities throughout the City of Buffalo is consistent with the Comprehensive Plan and will bolster economic development opportunities; WHEREAS, The City of Buffalo will prepare and submit an application to the Dormitory Authority of the State of New York for the New York Economic Development Capital Program seeking funding in the amount of $5 million for the targeted demolition of structures for the purpose of neighborhood revitalization and economic development in the City of Buffalo; WHEREAS, The City of Buffalo Common Council endorses the application for funding from the Dormitory Authority of the State of New York; NOW, THEREFORE, BE IT RESOLVED: That the Mayor is hereby authorized to execute any and all documentation necessary to apply, accept and administer said grant funding. ADOPTED. NO. 100 By: Mr. Franczyk SUPPORT FOR A COMBINED POLICE /FIRE ARSON UNIT Whereas: The total number of arson fires so far this year totals 614 compared with a total of 732 arson fires in 2005; and Whereas: Arson is a serious crime with devastating impact to people, property and community; and Whereas: At a recent CitiStat meeting Mayor Brown pointed out that in the past the City of Buffalo utilized an inter- departmental effort which combined Fire and Police efforts to establish a Police /Fire Arson Unit, however, due to budget cuts over time the combined Police /Fire Arson Unit was disbanded; and Whereas: A combined Police /Fire Arson Unit would improve communication between the Police and Fire departments and combine expertise between the two departments to better address arsons. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo is in full support of the Mayor's effort to establish a inter - department Arson Unit between the Fire and Police departments to combat arsons in our City. Now, Therefore, Be It Further Resolved: That a copy of this resolution be sent to Mayor Byron Brown, Fire Commissioner Michael Lombardo and Police Commissioner H. McCarthy Gipson. ADOPTED NO. 101 By: Mr. Franczyk SUPPORT FOR THE FORMATION OF A QUALITY OF LIFE TASK FORCE Whereas: For the residents in the City of Buffalo, Quality of Life issues run a large gambit from abandoned cars and junk, all- terrain vehicles, animal problems, demolitions, gangs, garbage totes, graffiti, illegal house parties, illegal parking, litter, narcotics dealing, noise pollution, problem properties, prostitution, irresponsible dog ownership, recycling, snow & ice removal, tree trimming and removal, and underage drinking; and Whereas: In the City Code and Charter, there are numerous ordinances addressing these issues that are detrimental to the health, safety and welfare of the people of Buffalo; and Whereas: The City of Buffalo utilizes many departments to help resolve these Quality of Life issues including the Police Department, Fire Department, Economic Development, Permit & Inspection Services, Law Department, Public Works, Parks & Streets, and Citizens Services; and Whereas: These departmental representatives also work with dozens of businesses and community groups to address Quality of Life issues; and Whereas: Mayor Byron W. Brown and Commissioner H. McCarthy Gipson should be congratulated on their stepped -up enforcement and resolve of these Quality of Life issues. By August 18th of this year, Quality of Life summons had increased 288% from last year. During fifteen Clean Sweep efforts, the Mayor's Save Our Streets Task Force collected 122.45 tons of debris, 3.72 tons of tires, mowed 245 lots, boarded 62 problem properties, and baited 475 properties for animal problems. It also removed graffiti at seven sites, removed surveillance equipment protecting a drug house and uncovered 41 properties with nuisance problems. Now, Therefore, Be It Resolved: That the Common Council is in full support of the formation of a Quality of Life Task Force, as mentioned by the Mayor at a recent CitiStat meeting, to combine and focus efforts of all the aforementioned departments and agencies to continue to address Quality of Life issues; and Therefore, Be It Further Resolved: That a copy of this resolution be sent to the Mayor. ADOPTED. NO. 102 By: Mr. Franczyk Co- Sponsor(s): Messrs: Golombek, LoCurto ADDRESSING VACANT PROPERTIES AS A REGIONAL ISSUE Whereas: According to the year 2000, U. S. Census, more than 15% of Buffalo's residential housing units were vacant, totaling 10,000 vacant structures; and Whereas: A Cornell Cooperative Extension Association study in 2004, determined that every abandoned residentia property involves more than twenty City actions at a cost of over $12,000 to City taxpayers; and Whereas: Vacant property problems are not just limited to the City of Buffalo. Local suburban communities are seeing an increased growth as well; and Whereas: The Town of Cheektowaga has more than 500 vacant buildings; the Village of Kenmore is noticing more and more vacant store fronts; and the Town of Tonawanda population has declined at a faster pace than the City of Buffalo in recent years; and Whereas: The National Vacant Properties Campaign has issued a report outlining their Policy Recommendations and Action Plan Recommendations for vacant properties plaguing communities; and Whereas: The report recommends Creating an Erie - Buffalo Vacant Properties Coordinating Council and Establishing the Buffalo- Niagara Area As a Vacant Property Living Laboratory; and Whereas: An Erie - Buffalo Vacant Properties Coordinating Council, as defined by the report, would be comprised of local elected officials, assessors, judges, attorneys, housing inspectors and concerned citizens to work together on addressing vacant property issue by sharing ideas and implementing various property initiatives. In addition, the Council would review and recommend changes to outdated zoning codes -- encouraging economic development; and Whereas: A Living Laboratory of Vacant Properties would begin with support from the NYS Governor and the NYS Legislature to officially charter a Board of Directors. The Laboratory's purpose would be to design and test new approaches to revitalization, incubate policy innovation and pilot projects that create new models; Now, Therefore, Be It Resolved That: The Common Council of the City of Buffalo does hereby support the creation of an Erie - Buffalo Vacant Property Coordinating Council and the Establishment of Buffalo as a Living Laboratory for Vacant Property Revitalization; and Now, Therefore, Be It Further Resolved That: That this Honorable Body does hereby request the Common Council Chief of Staff send certified copies of this resolution to the NYS Governor, the NYS Legislature, the Western New York Delegation, Buffalo City Mayor Byron Brown, Buffalo Commissioner of Economic Development Permits & Inspections Richard Tobe, The Town of Tonawanda Supervisor, the Town of Tonawanda Board, the Mayor of the Village of Kenmore, the Village of Kenmore Board, the Town of Cheektowaga Supervisor, the Town of Cheektowaga Board, the Town of Amherst Supervisor, the Town of Amherst Board, the Village of Depew Mayor, the Village of Depew Board, the Town of West Seneca Supervisor, the Town of West Seneca Board, the City of Lackawanna Mayor, and the City of Lackawanna Board; and Now, Therefore, Be It Further Resolved That: The Common Council does hereby request that this resolution be forwarded to the appropriate Council Committee for further review. ADOPT IST AND 2ND RESOLVE; THE REMAINDER - REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND EDPI NO. 103 By: Mr. Franczyk and Mr. Davis ORDINANCE AMENDMENT CHAPTER 254, JUNK DEALERS AND PAWNBROKERS The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 254 of the Code of the City of Buffalo be amended to read as follows: § 254 -9. License application. A. Every person, firm or corporation desiring to obtain any such license shall file a written application describing the character of the business in which the applicant desires to engage, the kind of material which he desires to deal in and the proper designation by street or number or other accurate description of the place where such business is to be conducted and shall furnish to the Commissioner of Permit and Inspection Services such information as he may require. B. Any application hereunder for a license for a new location not previously licensed must first be submitted by the applicant to the Common Council and approved by it before any such application may be filed with the Commissioner of Permit and Inspection Services. No business shall be conducted in any place other than the location stated in the license or the location to which it is transferred with the approval of the Commissioner of Permit and Inspection Services. No such license shall be transferred from one person to another. Any such license may be revoked for cause in the manner provided by law. C. Every person, firm or corporation desiring to obtain a flea market license shall include in his written application for such a license, in addition to the information otherwise required by this section, a designation of the maximum number of vendors which he will pemit to participate in the flea market at any one time during the license year. D. All applicants for Flea Market, outside Junk Dealer, Used Card Dealer, and Scrap Processor licenses issued pursuant to this chapter, shall submit along with its application a survey, site plan, or drawing representing the layout of a lot, dealing with such external factors as placement of the building, location of business operations, vehicle parking, street access, and other such attributes. APPROVED AS TO FORM Peter J. Savage III, Assistant Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. REFERRED TO THE COMMITTEE ON LEGISLATION AND EDPI. NO. 104 By: Mr. Golombek, Jr Co- Sponsor(s): All Councilmembers INCREASE TO THE LIVING WAGE Whereas: City of Buffalo Charter Section 96 -19 requires that a "Living Wage" be paid to employees of substantial city contractors and subcontractors provided by the City to earn an hourly wage that is sufficient for a family of three to live at or above the poverty level; and Whereas: The City of Buffalo first instituted the living wage ordinance and determined the rate of wage be calculated on an hourly basis. The ordinance allowed for salary increases in 2000, 2001, and 2002; and Whereas: In 2003, the City of Buffalo amended the Living Wage Ordinance and increased the hourly rate amount. The 2004, hourly rate for an employee with health benefits was $9.03; with out health benefits was $10.15; and Whereas: There has not been an increase to the City of Buffalo Living Wage rates since 2004; and Whereas: The City of Buffalo Living Wage Commission supports the Buffalo Living Wage Ordinance having an annual Cost of Living Adjustment, (COLA), as a way of preventing the living wage from being eroded by inflation; and Whereas: The Living Wage Commission supports a COLA at the same rate as the CPI -U, as an automatic and predictable way to measure the inflation rate. The next proposed increase would be effective January 1, 2007, at rates of $9.59 with health benefits and $10.77 with out health benefits; and Whereas: Cities with COLA provisions in the living wage ordinances include Rochester, Albany, Syracuse, Pittsburgh, Cleveland, Chicago, Denver, Tucson, Minneapolis, Los Angeles, San Francisco, Boston, Cincinnati, Dayton, Milwaukee, Durham and San Diego; and Whereas: Any Living Wage change would effect City of Buffalo seasonal workers, (estimated at more than 550 people during peak times), and require adjustments to the City Budget and possible review by the Buffalo Fiscal Stability Authority; Now, Therefore, Be It Resolved That: The Common Council of the City of Buffalo does hereby request that copies of this resolution be sent to the Corporation Counsel, the Department of Administration & Finance and the Living Wage Commission for their comments on a potential ordinance amendment allowing for the living wage to annually increase based on the CPI -U, and Now, Therefore, Be It Further Resolved That: That the Common Council recommends that this resolution be referred to the appropriate Council Committee for further review and discussion. ADOPT 1 ST RESOLVE; REM - REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 105 By: Mr. Kearns Sponsor: Mr. Kearns Co- Sponsors: TRAILBLAZING SIGNAGE FOR TROCAIRE COLLEGE WHEREAS: In 1958, the Sisters of Mercy of the Americas founded Trocaire College in South Buffalo to provide higher education and career - intensive training for the health professions, early childhood education, business, and liberal arts to the residents of the City of Buffalo and Western New York; and WHEREAS: Since its founding in 1958, Trocaire College has provided these services in higher education with academic excellence thereby ensuring enhanced professional status to its graduates as well as a consistent pool of academically trained and prepared individuals to serve in the various health care facilities, educational institutions, private industry, public sector, and other places of employment which comprise the Western New York service and industrial economies; and WHEREAS: Consistent with its mission statement, Trocaire College has, throughout its history, striven to empower its students toward personal enrichment, dignity, and self -worth through education in all of its curricula; and WHEREAS; Trocaire College is the only private, two -year institution of higher education within the corporate limits of the City of Buffalo; and WHEREAS: Trocaire College is currently engaged in a major capital campaign, entitled by Trocaire College's Board of Trustees as "The Campaign to Inspire Hope," which will significantly enhance its physical and academic resources; and WHEREAS: The City of Buffalo desires to recognize in a special way the contributions of Trocaire to the City's quality of life and its reputation as a center of academic excellence; Now, Therefore, Be It Resolved: That the Common Council expresses its deep appreciation to Trocaire College and its commitment to the community, its people, and the City of Buffalo; and Now, Be It Finally Resolved: That the Common Council of the City of Buffalo does hereby approve the installation of a trailblazing sign, proclaiming Choate Street, between Abbott Road and Mercy Street, as " Trocaire Way." REFERRED TO THE COMMITTEE ON LEGISLATION AND COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS. NO. 106 By: Mr. Kearns & Mr. Fontana EXAMINING THE FEASIBILITY AND LEGALITY OF CREATING AND MAINTAINING A TENANT EVICTION DATABASE FOR THE USE OF LANDLORDS IN THE CITY OF BUFFALO Whereas: Problem tenants not only affect those from whom they rent, but they also have the potential to negatively impact entire streets and neighborhoods; and Whereas: All too often, conscientious landlords in the City of Buffalo are forced to evict problem tenants for many reasons to include: failure to pay their agreed upon rent, significant violation of a substantial term of their lease, using their premises for illegal purposes, committing or permitting a nuisance on their premises, or staying beyond the term of their lease without the landlord's permission; and Whereas: Evicting a problem tenant is not an easy process. Tenant eviction requires a landlord to first sue in court and win the case. A sheriff, marshal or constable must serve a court ordered warrant to evict a tenant. A landlord may not take the law into his /her own hands and evict a tenant by use of force, threat of violence, removal of a tenants possessions, locking a tenant out or willfully discontinuing essential services such as water or heat, or other unlawful means; and Whereas: The Buffalo Municipal Housing Authority (BMHA) estimates that of the 4,000 BMHA- administered rental units, on average, nearly one - third, or 1,300 renters, are late paying their rent and must be sent a late notice from BMHA. One - eighth of these cases, or 500 renters, are sent to court for non - payment of rent. Of those 500, on average, each month only 5 to 10 of cases will result in eviction; and Whereas: Landlords in the private sector face similar challenges in dealing with problem tenants and are frequently forced to pursue eviction as an option of last resort; and Whereas: Although some evictions involve first time evictees, oftentimes landlords subsequently learn that tenants have had several previous evictions on their record; and Whereas: Although a perspective tenant's eviction record itself is public information, previous evictions are not typically listed on a credit report and many landlords are unaware of them; and Whereas: By creating and maintaining a "Tenant Eviction Database," the City of Buffalo will give landlords the tools they need to properly screen for problem tenants and objective information, as to that person's history of evictions, and will allow landlords in the City of Buffalo to make objective and educated decisions on the rental of their property; Now, Therefore, Be It Resolved That: The Common Council of the City of Buffalo requests that the Corporation Counsel, on behalf of the City, contact the appropriate Housing Court representatives to discuss the legality and feasibility of creating and maintaining a Tenant Eviction Database, to be made available to interested landlords in the City of Buffalo; and Now, Therefore, Be it Further Resolved That: The Corporation Counsel of the City of Buffalo provides an update of its progress at the meeting of the Common Council scheduled for December 26, 2006. Now, Therefore, Be it Finally Resolved That: A certified copy of this resolution be forwarded to the Western New York Delegation of the New York State Legislature, to initiate legislation to create and maintain a Tenant Eviction Database for the State of New York. ADOPT 1 ST RESOLVE; REM - REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 107 Sponsor: Mr. LoCurto PERMISSION TO HANG "NARDIN ACADEMY 160 ANNIVERSARY" BANNERS. WHEREAS: Nardin Academy was founded in 1857 at the request of Bishop Timon and for almost 150 years Nardin Academy has focused on educating the whole child, preparing them to be a life long learner and person who is prepared for life beyond the classroom; and WHEREAS: Nardin Academy is celebrating its 150 Anniversary beginning in January 2007; WHEREAS; Representatives from Nardin Academy have requested permission to hang banners on light poles in Nardin's neighborhood including: Cleveland Avenue between Delaware and Elmwood, West Ferry between Delaware and Elmwood, Tudor Place, Delaware Avenue between Cleveland and West Ferry and Elmwood Avenue between Cleveland and West Ferry, from January 2007 to June 30, 2008 for the academic year in which they will be celebrating their anniversary; The Nardin Academy representatives are familiar with the banners requirements and will install the banners; Now Therefore Be It Resolved: That the Common Council does hereby grant permission to Nardin Academy to hang banners on light poles in Nardin's neighborhood including: Cleveland Avenue between Delaware and Elmwood, West Ferry between Delaware and Elmwood, Tudor Place, Delaware Avenue between Cleveland and West Ferry and Elmwood Avenue between Cleveland and West Ferry, from January 2007 to June 30, 2008 for the academic year in which they will be celebrating its anniversary. PASSED. AYES -9. NOES -0. NO. 108 Sponsor: Mr. LoCurto Co- sponsors: Messrs Kearns & Fontana EXTENSION OF ASSESSMENT APPEALS Whereas: The City Charter puts into effect the provisions of New York State Real Property Tax Law providing for the annual assessment appeals process; and Whereas: Real Property owners in the city of Buffalo are notified by the city of changes to their assessment during the month of December; and Whereas: The deadline for filing an appeal is usually within the same month (December) that notices are received; and Whereas: Because December is a busy month for all, taxpayers are given a short period of time in which to compile the necessary information they need to make a credible challenge to their assessment; end Whereas: This year's changes in assessments have been quite a surprise to many taxpayers and many of them have expressed the need for additional time in which to file an appeal; and Whereas: The City's Web - page's Property Information site was down for several days this year; and Whereas: In order to allow those who wish to examine their assessment, research their homes fair market value, make an educated decision of whether or not to file the appeal, and if so, file correctly and on time, the city should extend the assessment challenge deadline. Now Therefore Be It Resolved: That the City of Buffalo Extends the Assessment Appeals process until January 5, 2007. PASSED. AYES -9. NOES -0. NO. 109 By: Mrs. Russell CITY OF BUFFALO LOCAL LAW NO. -- (2006) INTRODUCTORY NO. 19 (2006) A LOCAL LAW amending the Charter of the City of Buffalo in relation to the Department of Administration Finance and Urban Affairs. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That Article 10 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows: Article 10 Department of Administration, Finance, Policy and Urban Affairs §10 -1 Commissioner of Administration, Finance. Policy and Urban Affairs. The commissioner of administration, finance. policy and urban affairs shall be the head of the department of administration, finance— and urban affairs, and shall act as the budget director to carry out all of the functions, duties and responsibilities as a member of the Buffalo urban renewal agency. § 10 -2 Appointment; Removal. The commissioner shall be appointed by the mayor, subject to confirmation by the council, and shall be removable at the pleasure of the mayor. § 10 -3. Qualifications of the Commissioner. The commissioner shall be a graduate from an accredited college or university and have at least five years of experience in the management of fiscal operations, or in supervision and administration, or an equivalent combination of training and experience sufficient to indicate ability to perform the work. § 10 -4. Duties and Powers. The commissioner shall have all of the powers and shall be responsible for all the duties hereinafter conferred upon the several divisions of the department and such other duties or powers, as may be conferred upon the commissioner or divisions by law or ordinance. The commissioner shall countersign all checks drawn on the city treasury and shall have custody of all pension and trust funds. Where under any provision of law any moneys payable to the city are required to be paid directly to any officer or agency of the city, other than the commissioner or his or her designee, or where the commissioner and the comptroller certify that any such moneys may be more conveniently paid directly to such other officer or agency, the commissioner or his or her designee and the comptroller shall prescribe the time, manner and form in which such moneys shall be accounted for and paid. The Commissioner shall assist the mayor in the formulation of the budget and four -year financial plan submitted to the Buffalo Fiscal Stability Authority_(BFSA) if required, and in assembling, correlating and revising the estimates and requests for appropriations of the departments, boards and agencies of the city, and shall participate in the investigation, supervision and coordination of the expenditures, and other fiscal operations of such departments, boards and agencies. He or she shall exercise all of the powers and shall perform all of the duties necessary to administer and coordinate the operations of the city budget. He or she shall direct, coordinate and administer the fiscal management of all federally and state funded programs and any agencies related thereto including financial planning, management, program or project budgets, accounting, auditing, budget control, financial statements, federal reporting, the receipts and disbursements of grants, contract administration involving the system of reporting, monitoring and auditing third -party contracts. The Commissioner shall have the power to formulate and conduct special studies on departmental operations, functions or methodology and make recommendations to the mayor for increasing efficiency at all levels. The Commissioner shall act as a Senior Policy Advisor to the Mayor and assist the Administration in major policy decisions and shall also oversee Federal and State Government relations, including direct contact with agencies of the State and Federal government, and with elected officials, and works to create both State and Federal legislative agendas: travels to Albany, Washington D.0 and other appropriate locations to advocate on behalf of the City of Buffalo, oversees the activities of the City's lobbyists and initiates legislative recommendations at the local, state and federal level. The Commissioner functions as Liaison to the Buffalo Fiscal Stability Authority (BFSA): attends meetings held by the BFSA and works closely with City departments and agencies regarding relevant BFSA issues. As a senior policy advisor, the Commissioner shall assist the Mayor in implementing improved management efficiency and accountability measures and shall serve as a member of the CitiStat Buffalo review panel. Section 2. Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions of this local law shall be controlling. Section 3. This local law shall take effect immediately upon its passage. IT IS HEREBY CERTIFIED, pursuant to Section 20 of the Municipal Home Rule Law, that the immediate passage of this Local law is necessary. APPROVED AS TO FORM Alisa A. Lukasiewicz Corporation Counsel] NOTE: Matter underlined is new, matter in brackets is to be deleted. PASSED. AYES -9. NOES -0. NO. 110 BY: MS. RUSSELL BUDGET AND PERSONNEL AMENDMENT 11 - DEPARTMENT OF ADMINISTRATION, FINANCE & URBAN AFFAIRS 1050 - BUDGET & MANAGEMENT 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 11 - Department of Administration, Finance & Urban Affairs, 1050 - Budget & Management, which currently reads: 1 Commissioner of Administration, Finance & Urban Affairs $83,000 Is hereby amended to read: 1 Commissioner of Administration, Finance, Policy & Urban Affairs $104,000 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 BYRON W. BROWN MAYOR AND DONNA J. ESTRICH, COMMISSIONER OF ADMINISTRATION, FINANCE AND URBAN AFFAIRS, 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. Byron Brown Mayor Donna J. Estrich Commissioner of Administration And Finance and Urban Affairs APPROVED AS TO FORM Peter Savage Assistant Corporation Counsel Attachment PASSED AYES - 9 NOES -0 NO. 111 BY: MS. RUSSELL BUDGET AND PERSONNEL AMENDMENT 20 - DEPARTMENT OF POLICE 1122 - FLEET MAINTENANCE 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 20 - Department of Police, 1122 -Fleet Maintenance, which currently reads: 1 Auto Mechanic Helper $ 25,201 - $ 27,902 7 Motor Equipment Mechanic $ 28,999 - $ 32,661 Is hereby amended to read: 0 Auto Mechanic Helper $ 25,201 - $ 27,902 8 Motor Equipment Mechanic $ 28,999 - $ 32,661 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 H. MCCARTHY- GIPSON, COMMISSIONER OF POLICE AND DONNA J. ESTRICH, COMMISSIONER OF ADMINISTRATION, FINANCE AND URBAN AFFAIRS, 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 funded at the respective amount set forth in the foregoing ordinance. H. Mccarthy Commissioner of Police Donna J. Estrich Commissioner of Administration, Finance and Urban affairs APPROVED AS TO FORM Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 112 BY: MRS. RUSSELL BANNING COSMETIC DENTAL PROCEDURES DONE OUTSIDE LICENSED MEDICAL FACILITIES IN THE CITY OF BUFFALO Whereas It has come to the attention of the Buffalo Common Council that the popular cosmetic dentistry of having "gold capped" teeth, (also referred to as "grills ") is being performed outside licensed medical or dental facilities; and Whereas Under New York State Department of Health regulations, any facility engaging in the practice of performing any medical or dental activities must be licensed by the State of New York and have a Certificate of Operation prominently displayed for the public to observe; and The Health and Public Safety is always a major concern of this Council. Any activity that poses a potential danger to the citizens of Buffalo, must be assessed for any serious health risk and Whereas: Public Health and Safety is a "Quality of Life" issue, and thereby should be regulated by the City of Buffalo; and Now, Therefore, Be It Resolved That: This Common Council requests that the Law Department immediately draft a local Law or amend the City of Buffalo Ordinances that would prohibit any non - medical or dental facility not licensed or holding a Certificate of Operation from the State of New York be banned from operating or performing any medical or dental cosmetic procedure in the City of Buffalo. A penalty and fine schedule should also be included in the draft; and Be It Further Resolved That: the Law Department is to report back to the Common Council on the legality of this request within thirty (30) days of the passage of this resolution; and Be It Further Resolved That: Upon passage of this resolution the City Clerk is directed to forward copies to the Corporation Counsel, the Erie County Health Commissioner and the Western New York Regional Director for the New York State Department of Health; and Be it Finally Resolved That: This resolution be referred to the appropriate committee for discussion. REFERRED TO THE COMMITTEE ON LEGISLATION, THE NEW YORK STATE DEPARTMENT OF HEALTH AND THE ATTORNEY GENERAL NO. 113 BY: MR. THOMPSON TRAILBLAZER REQUEST FOR EDNA GAYLES KEE Whereas Ms. Edna Gayles Kee received her Bachelor of Art Degree in Music from the State University of New York at Buffalo in 1973; and Whereas Ms. Edna Gayles Kee received her Master's Degree in Music Education from the State University of New York at Buffalo in 1973; and Whereas Ms Edna Gayles Kee is currently a Professor of Music at Erie Community College and serves as the Chair of the Music Department; and Whereas Ms. Edna Gayles Kee has published music with New J. Publishing Company in Washington, DC; and Whereas Ms. Edna Gayles Kee has received the Distinguished Black Achievers Award in Industry, which was presented to her by Community leader Herbert Bellamy in 1995; and Whereas Ms Edna Gayles Kee has received the Louise C. Malone Musical Achievement Award in 2002; and Whereas Ms Edna Gayles Kee received honors for 25 years of dedicated service at the 80 Anniversary of First Shiloh Baptist Church in 1998; and Whereas Ms Edna Gayles Kee received the Chancellor's Award for Excellence in Teaching from the State University of New York in 2002. NOW BE IT THEREFORE RESOLVED THAT: The Common Council of the City of Buffalo does hereby recommend that a sign be placed at the northern side of Meech Street specifically on the comer of Meech Street and Loring Avenue, and another sign placed on East Delavan Avenue and Meech Street on the north side facing east and west, both to be placed and named in honor of Ms Edna Gayles Kee REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS NO. 114 BY MR. THOMPSON MASTEN DISTRICT COUNCIL MEMBER TRAILBLAZER REQUEST FOR LULA LUCRITIA GAYLES HERRING Whereas Ms. Lula Lucritia Gayles Herring is a native Buffalonian; and Whereas Ms. Lula Lucritia Gayles Herring is the fourth oldest of seventeen sisters and brothers, children of Edward Cato Gayles 11 and Lula Lucritia Adams Gayles; and Whereas Ms. Lula Lucritia Gayles Herring has served as a teacher assistant, bus aide, school aide, as well as recruited many students into the Buffalo School system and Build Organization; and Whereas Ms. Lula Lucritia Gayles Herring served as a school administrator for five years; and Whereas Ms. Lula Lucritia Gayles Herring received a Certificate of Recognition from the Buffalo Board of Education for being selected as Secondary Social Studies Teacher of the year in 1995; and Whereas Ms. Herring Lula Lucritia Gayles Herring is currently the director and producer of its Not About Me, It's All About Thee" - a TV program reading through the Bible with Greater Love Fellowship and LLGGMinistries Saturdays and Mondays at 11:30am; and NOW BE IT THEREFORE RESOLVED THAT: The Common Council of the City of Buffalo does hereby recommend that three signs be placed in her honor. One sign to be placed at the comer of Jefferson Avenue and Brunswick Boulevard on the west side facing East; the second sign to be placed at Brunswick Boulevard and Wohlers Street on the south east side facing east; and the third sign to be placed at Brunswick Boulevard and Humboldt Parkway on the north side facing west. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 116 BY: MR. THOMPSON REQUEST FOR THE BOARD OF EDUCATION TO FILE REPORT ON REDUCING HIGH SCHOOL DROP OUT RATE Whereas: Last year during the 2005 -2006 academic year, almost 2,000 students dropped out of the Buffalo Public School System; and Whereas: Almost 40% of students within the Buffalo Public School System do not obtain their high school diploma; and Whereas: Youth dropping out of school contributes to the poverty, violence, and substance abuse found within communities throughout the City of Buffalo; and Whereas: Dropping out of school can be caused by numerous issues, some of which stem from illiteracy; and Whereas: Various professional studies have shown that in New York State prisons, almost 70% of inmates are functionally illiterate, providing a direct correlation between illiteracy, dropping out of school, and becoming incarcerated; and Whereas: Successfully reducing the drop out rate will directly assist with stabilizing Buffalo communities. Now, Therefore, Be It Resolved That: This Common Council requests that the Buffalo Board of Education file a report for the next Common Council session, scheduled for Tuesday, December 26, 2006, on their plan to reduce the high school drop out rate; and Be It Further Resolved That: This Common Council also hereby requests that this item be referred to an appropriate committee of the council, in addition to seeking responses from the Board of Education and the Mayor's Office for the next Common Council meeting scheduled for Tuesday, December 26, 2006. REFERRED TO THE COMMITTEE ON EDUCATION AND THE BOARD OF EDUCATI ON NO. 116 BY: MR. THOMPSON REQUEST FOR LAW DEPARTMENT TO INVESTIGATE SUING OUT -OF -STATE GUN SHOPS AND DEALERS Whereas: In a recent tragic incident, in which two Buffalo Police officers were shot, it was learned that the suspect had bought an illegal .38 handgun on the streets of Buffalo, only days before he used it; and Whereas: Recent statistics released from the Police Department revealed that while overall citywide crime is down 7 %, violent crime is up 3% this year and many of these crimes include the use of handguns; and Whereas: Many of the illegal guns found in Buffalo can be traced to out -of -state gun shops; and Whereas: New York City has begun suing a dozen or more out -of -state gun shops that it believes are responsible for many of the illegal weapons that end up in New York City. Of the initial fifteen shops targeted by the city, six have agreed to settle and allow scrutiny of their sales and inventory. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo hereby requests that the Law Department investigate the possibility of following the actions of New York City in suing out -of -state gun shops and dealers where illegal guns found in Buffalo have been traced back to them; and Therefore, Be It Further Resolved: That this item be referred to the appropriate Common Council committee for further action. V A9A V VA oil ri1111. I:9K0 ]dildiIIaAA000111Mell9IF_VA Ito] ► NO. 117 APPOINTMENTS COMMISSIONER OF DEEDS BY: ANTOINE M. THOMPSON Appointments Commissioner of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2008, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk Jocely Viola Terrylin Hudson Robert Hellwitz Minnie Wiggins Daniel Bailey James Bove Priscilla Scott Martha Santiago Millie Nieves Suzanne Grillo Margaret Brown Charles Pickens Anne Marie Diina Norbert Orlowski Nancy Burgasser Eileen O'Neil Anthony Pezzino Kimberly Stribing Roger Hicks Jeanne Carr Donna Marie McCreary Kimberly Graber Erma Brown Sylvia Young Douglas Harwood Daniel Harwood Timothy Callan Kathleen Callan Erich Weyant Dena Genovese Jennifer Williams Lori Rykovich Julienne Sands Jeremy Zellner Linda Chiarenza Ada Deans Pamela Deans John Hammond Jill Crist Nora Diggins Lucinda Taft Jessica Rodriguez David Zabinski Kimberly Massey Elena Rosa Tina Dugo Esther Gonzales Maria Rosa Phelix Harris Thu Cuc Tingley Anita Woodruff Bradlek Hamm James Giles Carmen Block Ann Gemerek Joselyn Nieves Furnette Williams Thomas Hayduk Mark Acara Inocencia Acevedo Total: 58 Dorothy Aikman Beverly Alleyne ADOPTED John Anderson Robert Aquila BY: ANTOINE M. THOMPSON BY: ANTOINE M. THOMPSON NO. 118 APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES 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 Michael Kearns Linda Andersen Amanda Andersen William Bannister Nathan Buffum David Lee Bunch Catherine Carbone Darcel Hunter Susan Kramer June McDonnell Kevin Phillips Lisa Skelly Paulette Woods Brian Wison Margaret Malkinski Chester Paulch David Pratt Kathleen Granelli James Messiha Judy Banks Sheila Burke Joseph Dembski James Folan Terrance Lewis Karen McKeague Alan Tober Camille Hopkins Dale Zuchlewski Marylou Altieri Sharon Brennan Boneida Cascio Mary Donohue Maria Lisa Doverspike Patricia Goss Desirae Greene Joanne Gugino Nancy Koebel Tina Lane Margaret Latona Mary Lou Maggio Danielle Mingo Lillie Parker Phyllis Rossi Beatrice Rouse Linda Ruffino Yvonne Syph Diane Terrell Eric Tisdale Marie Wolf Mary Zizzo Michael Wolasz Jennifer Jacobs Carole Getz Sandra Metzler Pamela Kopcinski Jesse Carmichael Jill White Michael Abrams Mark Acara Inocencia Acevedo Catherine Aiello Dorothy Aikman Beverly Alleyne Christopher Anderson John Anderson Robert Aquila Jennifer Backes David Baczkowski Zoraida Baez Sherry Baker Thomas Baker Stan Banas Lisa Banks Matthew Barett Christine Batcho Carol Batterson Janice Battisti Denise Bertosino Julie Betz Bonnie Blenker Elaine Bleyle Judy Boeheim Melissa Boyce Susan Burgstahler Timothy Burke Paul Caputi Claire Carmer Marie Grace Catalano Joanne Chmielewski Melanie Chwesik Diane Cooper Brad Deamer Christine Demmons Robert Denny Patricia DiVito Sharon Drobits Ilana Edwards - Patterson Rosemary Evans Ruth Farrell Donna Frydrychowski Janine Gavin - Pokrant Heidi Glaser Gena Goosman Theresa Graham Donna Green Patricia Griffith Muriel Hagen Linda Hamilton Elizabeth Heidinger Willie Hicks Denise Holeva Susan Itzenplitz Susan Jester Patricia Kamionka Virginia Keating Julie Keller Michele Knezevic Tracey Kosmoski Darcy Krull Linda Kvashay Theresa Lauria Sylvester Ledoux Roshelle Lewis Donna Locicero Karen Lutman Thomas Maher Dean Mann Lynn Martens Elisabeth Matras Raymond McMullen Susan Meckes Kim Miller Ellen Mitchell Tricia Moorhouse MaryAnne Murray Jane Napierski Frank Nuchereno Sheila O'Connor Sharon Orshal Doris Owens Tommy Parker Kathy Penders Joanne Phillips Walter Pressley Francis Quinn Kathleen Reach Roslyn Rivera Josue Roman Anita Sapienza Shirley Scherlein Laurie Sears Marilynn Boehm Jill Brenner Mary Burkard Esther Caputi Cynthia Carabello Anthony Castelletti Barbara Catani Fred Christopher Michael Clark Alexandra Curtis Cheryl Dearlove Janet DeLooch James DiMaria Judith Dixon Daniel Dropik Jeanne Elvers Barbara Farr Judy Fort Joseph Gabryel Richard Germain Michael Gonciarz Carl Gould Vincent Grasso Lori Green Jacyra Guard Carol Hairston David Hapka Christine Heimierl Judith Hill Jeanette Hudson Denis Jackowiak Cara Johns Michael Karam Andrew Kedierski Carolyn Kirsch Judith Kolmetz Christine Kowalyk Susan Kruzicki Shirley Lam Deborah Lawrende -Smith Victoria Leon Melissa Liska Jane Loeffler Myra Maconaghy Shirley Maj Angela Marando Ruby Martin Paula Maue Roderick McQuillan Maryann Mehs Daniel Minotti Doreen Mitri Melissa Morris Patricia Musial Cindy Nitzer Katherine Nunz Deborah Orlando Susan Ostrowski Peter Pahr Jeanine Partyka Kim Petrie Daniel Pitman Craig Provenzo Lucy Ralls Jill Reif Carolyn Rizzo Donna Ross Richard Schaaf Barbara Schiele Sharon Serota Paul Bojanowski Melinda Bryant Cynthia Burke Michael Caputi Teresa Cardina Diane Caster Douglas Champagne Christine Chuchla Annette Cole Ursula Davis Frank DeCarlo Mary Delucci Michele Dirr Bonny Dolan Lisa Dziewa Juanita Erwin Nancy Farrell Janell Franklin Charles Gardinier Patricia Girard Conception Gonzalez Robert Graczyk Diane Gray Mark Greenauer Barbara Gueli Renata Halaiski Sharon Harper Judith Herec Irene Hoch Richard Ippolito Maralouise Jarosz James Josik Claudia Kaye Noreen Keefe John Kline Timothy Konicki Robert Krug Joseph Kugler James LaManna Diane Leberman Charles Lestition Sheree Locher Stacy Logan Ann Mahoney Cathleen Mann Lisa Maraschiello Ilona Matkovits Sharon McCarthy Judy Meade June Merville Janet Mischel Anne Mondo Michelle Mosley Denise Myers Julia Novak Tracey O'Brien July Orlowski Patricia Overdorf Patricia Palovich Philip Pawlowski Michele Pfeffer Ethel Poynton Geraldine Puleo Lawrence Ramunno Candyce Rinaldo Ricardo Rodriguez Sue Sacco Linda Schabert Martha Schuh S R Shaw Linda Sheehan Linda Smith Wayne Smith Thomas Somerville Dana Sprandel Anthony Stefaniak James Sweeney Mary Swinarski Adrienne Threat Denise Ufland Constance VanDette Kelly Wagner Patricia Welker Joan Wightman Donna Wode Susan Wszalek Debbie Renzoni Charlene Bucino Mary Mackey Joseph Maciejewski Mario Alaimo Emilio Cicatello Shiana Eve William Gwizdowski Julie Kane Edgar Martinez Maureen McGurn Willie Morris Wendy Pietrzak Ronald Spadone Alicia Surdyk Nicholas Watroba Summara Wilson Laura Hoock Edward Mahoney Carolyn Lenczyk Elizabeth Timineri Teresa Pleasant Burt Mirti Wendy Eschborn Catherine Baudo Alisa Lukasiewicz Lisa Keane David Lesniowski Edward Taublieb Kathleen Henry Michael Dujanovich Bert Pandolfino Robert Linkowski Leanne Azzarello Susan Gonzalez Geraldine Barone Harrell Little Latonya Young Clifford Braxton Daniel Dill Amy Hughes Jacqueline McCarthy Janine Mogilski Cindy Pietz Kevin Suto Laverna Armbruster Maria Slomczewki Virginia Beyer Gary Szczesny Cheryl Campbell Elaine Taylor Lorraine Corcoran Maria Dempsey Debra Flanagan John Shred Mary Smith Janet Smolinski Karen Speilman Jean Stachelski Carole Stone Theodore Swiatek Nancy Szarowicz George Trietley Elena Valazquez Donald VanEvery Constance Wall Julie Welsted David Wiles Kimberly Wojcik Nancy Young Darlene Lapinski Carol Pepe Glenda Lake Paul Diviak George Campbell Michael Collins Thomas Gagilone Patrick Hoak Adam Koengsberg William Maryniewski Erica McMehan Cheryl Mullholland Cynthia Selden Margaret Stebick Alonzo Thompson Kevin Wegryn Gail Wojtowicz Frank Palermo Chantina Harris Willie McLaughlin Joseph Jordan Jr Marilyn Wetter Brenda Sciortino Ed Hennessy Julie Olszewski Francis Brochowicz Eileen Keller Deana Lindbloom Rose VanKerkhoven Anthony Costantino Paul Mazur Michael Krajewski Barbara Weiss Christine Collingwood Suzanne Pacholski Alicia Bevilacqua Megan Lockwood John Abraham John Cleary Jr Patrick Finnerty Kevin Kelly Rosalind Miller Cathy Noguera Jeffrey Ricketts John Vickerd Darla Schwanz Madonna Bevilacqua Deborah Strickland Donna Brunn Jacqueline Taravella Latasha Colbert Katherine Wendt Gary Evans Leondra Hughes Laurie Smith Shirley Smith Charles Solfrank Karl Spencer David Stalica Olga Sukaczow Leslie Swierski Mary Terhart Harold Tucker Rosemary VanderHaeghe Albert Wagner Valencia Wayne Kim Wieder Sandra Wiskup Flora Woods Mark Zauner Mary Comerford Deborah Burgstahler Maria Pryndota David Franczyk Sharon Caetano Jeffrey Crosta Jerome Grasso Leonard Jerozal Scott Leuthe Sandra McGowan Sandra Mendola David Penna Jessica Smith - Overholt George Stokes Jacqueline Todorov Julia Wenk -Ryan Janet Palma Kathleen Ellis Loretta Mathewson Olivia Licata Oluwole McFoy Charles Riley Judith Caveretta Kathleen Beeny Diana Rico Juanita Goodwin Linda Kowalski Kathleen Palka- Armstrong Lawrence Wolff Samuel Cotroneo Florence Hollenbeck John Simich Sandra Mazella Amy Thill Thomas Franczyk Michelle Escabi Korie Phillips Kristen Albert Joseph Denecke Winston Fritz Kathleen Marion Marion Miskovski Joseph Petronella Sharon Simon Carol Weigand Judith Bartlett Marjorie Solazzo Antoinette Broughman Catherine Taber Cheryl Castanik Sharon Tojek Joseph Wolf Robert Farmer Linda Kaminski Margaret Kasper Linda Kopiasz Lisa Kulp Laurie Long Cheryl Matter Tracy Nowicki David Owczarzak Martitza Rivera Vera Berent Rose Borczynski Sandra Brown Suzanne Cairns Carol Cavaretta Edward Cotter Valerie Demps Mable Duncan John Fecio Michael Flowers Paola Galante Barry Gawlick Marlene Griggs Norman Hartmann Michele Hussar C S Kochersberger Albert Liberatore Harold McLellan Charles Militello Timothy Mulhern Janet Murphy Andrew Nostrant Patrick O'Rourke Anne Paulisczak Mario Pratts Marie Richardson Jeffrey Rinaldo Laura Schneider Yvonne Serafini Mildred Stabler Richard Wagstaff Robert Whalen Jeffrey Weyand Diana Rico TOTAL 625 ADOPTED Linda Kazmierczak Sally Krantz Paula Kurzawa Ismael Lopez Stephen Meegan Karen Ortiz Lenay Pierce Mark Antonio Sr Joseph Biehunik Laurie Bowers Ernest Bursie Charles Carier Nancy Connolly James Dee Joyce DiGiulio Sherry Ebert Patricia Fiscus Rosemary Fricano Linda Ganci Christine Giardina Patricia Groves Dana Hearon Sheila Jaskula Fay Kwiatkowski Joseph Makowski Andrea Meegan Donna Militello Gilberto Munoz Steven Nichols James O'Donnell Helen Panikowski David Piech Genevieve Rak John Rieman Patrick Roberts Mary Pat Schuster Janet Sikorski Rita Struzik Mary Jane Warrington Joseph Wilhelm Christine Young Kisha King Susan Krantz Susan Lauabacker Ann Marchese Delphine Miszewski Susan Ott Elaine Pinski Rose Battle Marian Blady Michael Brown Gregory Byrne Noreen Carothers Susan Cooley Linda Craig Thomas Donovan Sharon Fay Mark Fitzpatrick Diane Fusco Mary Gaspar Kelly Gibbons - Glinski Cynthia Guido Walter Hrynczak Nicole Jones Jenyne Langhorne Patrick Mann Deborah Mikolajewski Lynn Milks Karen Muranyi Steven Nicosia Theresa O'keefe John Paradowski Kathleen Podsiadlo Daniel Redmond Joy Riexinger Marvin Sanford Marcia Scott Sandra Smith Lovinia Thrist Bebee Watts Jeannette Williams Deborah Zdon NO. 119 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Committee on Finance following Civil Service Committee on Comm. Dev. Committee on Legislation Committee on Claims A.M. Special Committees Tuesday, Dec. 19, 2006 at 9:45 o'clock A.M. Tuesday, Dec. 19, 2006 at 10:00 o'clock A.M. Tuesday, Dec. 19, 2006 at 1:00 o'clock P.M. Tuesday, Dec. 19, 2006 at 2:00 o'clock P.M. Wednesday, Dec. 20, 2006 at 11:00 o'clock Special Legislation Comm. Thursday, Dec. 14, 2006 at 10:30 o'clock A.M. in Room 1417 City Hall on the Living Wage Ordinance Amendment. (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware: therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 120 ADJOURNMENT On a motion by Mrs. Russell Seconded by Mr. Fontana, the Council adjourned at 4:10 pm GERALD CHWALINSKI, CITY CLERK BOARD OF POLICE AND FIRE PENSION PROCEEDINGS #11 OFFICE OF THE MAYOR 201 CITY HALL DECEMBER 14, 2006 Present: Byron W. Brown, Mayor; David A. Franczyk, Council President; Darby Fishkin, Deputy Comptroller; Alisa A. Lukasiewicz, Corporation Counsel -4. The Journal of the last meeting was approved. NO. 1 1 transmit herewith the Pension Payroll for the Fire Pension Fund for the months of December 2006 Amounting to $5,610.00, and request that checks be drawn to the order of the persons named herein for the amounts stated. ADOPTED AYES -4 NOES -0. NO. 2 I transmit herewith the Pension Payroll for the Police Pension Fund for the month of December 2006 amounting to $5,630.00, respectively, and request that checks be drawn to the order of the persons named herein for the amounts stated. ADOPTED. AYES -4. NOES -0 NO. 3 On a motion by Mr. Franczyk, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m.