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HomeMy WebLinkAbout06-1226 (2)No.24 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO DECEMBER 26, 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** "DEC. 26, 2006 "' MAYOR 1. Appt. Janet E. Pen ksa- Commissioner -Dept. of Administration, Finance, Policy & Urban Affairs APP MAYOR - EXECUTIVE 2. Strat. Plan. - Artvoice Project- Portion of 667 Main St. -JM, LLC- Redeveloper (Ell) CD 3. Strat. Plan- Contract Award -59 Memorial Drive - Environment Assessment (Fill) APP 4. Strat. Plan -Pres. Bd.- Encroachment into City ROW -448 Delaware Ave. (Ell) R &F 5. Strat. Plan -Pres. Bd. -C.Van Ness -Pres. Coalition of Erie Co.- Concerns -399 Franklin St. (Ell) R &F COUNCIL PRESIDENT 6. R. Jachimiak -M &T Mortgage Corp. -Res. To Block Out Loans for Out of Town Landlords R &F 7. L. Schiavi- Greater Bflo. Savings Bk.- Comments -Block Out Loans for Out of Town Landlords R &F PUBLIC WORKS, PARKS & STREETS 8. Notification Serials #10147 -49 (Del) (Waive 45 days) R &F 9. Apollo Media Center - Agreement w /Employees - Wellness Institute APP 10. Home Owner Waterline Repairs FIN 11. Increase in Contract -Abby St. Soil Removal - Visone Construction -(So) Contract #92011217 APP 12. Johnson Park -Pkg. Within ROW -24 Johnson Park - Signature Development (Ell) APP 13. Obsolete Equipment APP 14. Req. Perm. To Purchase Vehicles & Equipment (Dump & Salt Spreaders, etc.) APP 15. Req. Perm. To Purchase Vehicles & Equipment (Elgin Street Sweepers, etc.) APP 16. Resolution for NY State Multi Modal Grant -PIN 5ME017.30A -Abby St. Extension (So) APP 17. Bflo. Mun. Water Authority -Five Year Capital Plan BUDGET 18. Appt.- Heating Equip. Service Worker (Inter) CS POLICE 19. Disposal of Used BPD Jackets APP 20. Drug Asset Forfeiture Wire Transfers ($29,042.82) R &F 21. Drug Asset Forfeiture Ann. Cert. Rpt. & Audit for FY Ending 6/30/06 FIN 22. Seized Vehicles APP -- - - -23. Use of the Innovative "SEGWAY Human Transporter" by COB WITHDRAWN FIRE 23- 24. FEMA Grant Award EMW- 2006 -FG -17271 APP ECONOMIC DEVELOPMENT & PERMITS /INSPECTIONS 24- 25. Second Hand Dealer -1446 Hertel Avenue (Del) APP 25- 26. Second Hand Dealer -1113 Elmwood (North) APP 26- 27. Used Car Dealer -1933 Genesee (Lovejoy) LEG COMMISSION ON CITIZENS' RIGHTS AND COMMUNITY RELATIONS 27- 28. Commission Appointments LEG, COLL BOARD OF EDUCATION 28- 28A. Req. for Bd. Of Ed. To File Report on Reducing High School Drop Out Rate ED CITY CLERK 29- 29. Minutes of the Board of Ethics 2/28-11/14/06 R &F 30- 30. Leaves of Absence R &F 31- 31. Notices of Appointments - Council Interns ADOPT 32- 32. Notices of Appointments - Mayor's Program R &F 33- 33. Notices of Appointments - Seasonal R &F 34- 34. Notices of Appointments - Temp. /Prov. /Perm. CS MISCELLANEOUS 35- 35. D. Bonifacio- Niagara River Boardwalk CD 36- 36. D. Bonifacio -P. Spinelli -Prop. Amendment to Living Wage Ord.; Impact on BFSA Wage Freeze LEG 37- 37. T. Biel - NYSDEC- C lean up Activities Update - Franczyk Park R &F 38- 38. L. Hicks - Resume - Masten District Councilmember COW 39- 39. M. Kearns - Articles re: "Scrap the Skyway" & "SmartcodeWhitepaper" (FBC) WATERFRONT DEV COMM 40- 40. M. Kearns -Erie Canal Harbor Dev. Corp. "ECHDC Unveils Updated Plans for Inner Harbor" WATERFRONT DEV 41- 41. M. Kearns -News Article "Buffalo Demands Changes in Greenway" WATERFRONT DEV.COMM 42- 42. D. Locey - NYSDEC - Brownfield Cleanup at Former Hanna Furnace Site -Co. Oper. Mfg. Fac. At Site R &F 43- 43. S. Magavern -COB Living Wage Comm.- Increase to the Living Wage LEG 44- 44. S. Shaffer -Emp. State Dev. -Open Space Institute Capital Project -Pub. Hrg. R &F 45- 45. D. Smith - Resume - Masten District Councilmember COW 46- 46. P. Wolf - Desman Associates - Summary of Parking Needs Assessment FIN 47- 47. L. Woods- Resume - Masten District Councilmember COW PETITIONS 48- 48. C. McCaffrey, Agent, Use 700 Michigan - Ground Sign (Ell) (No Pub Hrg Req) LEG, CP BD 49- 49. W. Shylo, Owner, Use 356 Hertel -Pole Sign (North) (No Pub Hrg Req) APP 50- 49A L. Suber & Others Req Security and /or Surveillance Camera Frederick Douglas Senior Comm Bldg CD,POL RESOLUTIONS 92- 50. Davis Set Pub Hrg -Req. Enter Lease Agree -Port of 667 Main St. -JM, LLC Redeveloper ADOPT 93- 51. Davis Req. to Enter Into Lease Agree. - Portion of 667 Main St. JM, LLC - Redev. (Hrg. 1/9) CD 94- 52. Fontana, etc Ord. Amendment - Chapter 96 -Bonds & Contracts LEG 95- 53. Franczyk Explore Using Part of City's Surplus for Residential Demolitions FIN,A &F,EDPI 96- 54. Franczyk ,etc Urge Democratic Congress to Curtail War Funding for Iraq ADOPT 97- 55. Kearns Addressing Quality of Life Issues Caused by Irresponsible Tenants /Landlords ADPT 1 & 2 RES; 3 RD RES -LEG 98- 56. Russell Local Law Intro #20 (2006) -Dept. of Adm., Finance, Policy & Urban Affairs APP 99- 57. Russell, etc Req. All Cert., License, Permit & Registrations to Clear a Collections Check ADOPT 1 & 2 RES; 3 RD RES -LEG 100 -58. Thompson, etc Improving Diversity in New York State Government ADOPT 101 -59. Thompson, etc Mandatory Penalties for Crimes Committed Against Sr. Cit. /Disabled Persons ADOPT 102 -60. Thompson, etc Resume COB Adjudication of Traffic Violations ADOPT 1 & 3 RES; REM - BUDGET 103 -61. Thompson, etc Support for an Additional Housing Court Judge for COB ADOPT 104 -62. Thompson, etc. Req. Dept. of Law Add the Goals of the City of Buffalo Section 3 Program to the Charter /Code of the COB LEG 105 -63. Thompson Felicitations /In Memoriums ADOPT 106 -64. Thompson Comm. Of Deeds ADOPT 107 -65. Thompson Comm. Of Deeds Req. for Public Performance ADOPT TABLE ITEMS 108 498 12/12 Local Law Intro #18 (2006) - Salaries of Elective Officers APP SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETING CIVIL SERVICE 51- 1. Com 11 Dec 12 Appt. -Supv. Auditor (Inter) (Compt) APP 52- 2. Com 14 Dec 12 Appt.- System Administrator (Max) (MIS) APP 53- 3. Com 29 Dec 12 Appt. -Asst. Collection Officer (Prov.) (Inter #3) (AFUI) APP 54- 4. Com 35 Dec 12 Notices of Appt.- Temp. /Prov. /Perm. (C. Clk.) R &F 55- 5. Res 111 Dec 12 Budget /Personnel Amendment - Police APP 56- 6. Res 92 Oct 17 Budget /Personnel Amendment - Assessment R &F FINANCE 57- 7. Com 22 Dec 12 J. Knight -Sale /Development -117 & 120 Fenton St. (Lov) (Law) R &F 58- 8. Com 26 Dec 12 Vacant Lots Being Charged A User Fee (Law) R &F 59- 9. Com 54 Dec 12 Vacant Lots Being Charged A User Fee ( #111,10/31) R &F 60- 10. No 38 Nov 28 B. Davis - Casino Career Training Center R &F 61- 11. No 75 July 11 Renew Lease Agree. Betw. COB & Metro. Comm. Dev. Corp. (Delavan Grider Comm. -Comm. Ctr.) -Use of 877 E. Delavan (Masten) ( #4,5 /2)(Strat. Plan.) R &F 62- 12. No 90 May 16 G. Halsey- Friends to the Elderly, Youth & Family Center -Req. Lease Rev. ( #53,3/21) R &F 63- 13. No 91 Sept 5 J. Knight -Sale /Development -117 & 120 Fenton St. R &F LEGISLATION 64- 14. No 46 Dec 12 M. Benthin, Agt, Use 242 Hopkins -Erect a Steel Sided Pole Barn (So) (Hrg 12/19) APP 65- 15. No 48 Dec 12 Xin Yong Yang, Own., Use 2262 Seneca (So) -Rest. (No Pub Hrg Req)_APP 66- 16. Res 95 Dec 12 Ord. Amend.- Chapter 137 -Code Enforcement APP 67- 17. Res 96 Dec 12 Ord. Amend.- Chapter 299 - Obscenity APP 68- 18. Res 103 Dec 12 Ord. Amend.- Chapter 254 -Junk Dealers & Pawnbrokers APP 69- 19. Res 104 Dec 12 Increase to the Living Wage (Exc. 1 sc Res) R &F 70- 20. No 43 Dec 12 A. Thompson- Living Wage Ord. Amendment R &F 71- 21. Com 17 Dec 12 Encroachment into City ROW -448 Delaware Ave. (Ell) (PW) APP 72- 22. No 45 Dec 12 C. Van Ness -Pres. Coalition of Erie Co.- Concerns -399 Franklin St. R &F 73- 23. Res 105 Dec 12 Trailblazing Signage for Trocaire College APP 74- 24. No 63 Dec 12 Used Car Dealer -779 Genesee (Ell) (EDPI) RECOMMIT 75- 25. No 44 Nov 28 R. Oliver, Agent, Use 2423 Seneca - Tattoo Parlor (So) (Hrg. 12/5) APP W /COND 76- 26. No 43 Oct 17 R. Fontana -N. Blaschak & W. Berry- Comments - Restricted Use Permit R &F 77- 27. No 45 Oct 3 W. Berry- Comments- Ord. Amend.- Chapter 511 -Zng. -Use Permit Req. R &F 78- 28. Com 29 Nov 14 Amendment to Living Wage Ordinance (Law) R &F 79- 29. Com 41 Nov 14 Living Wage Proposal (AFUA) R &F 80- 30. No 49 Nov 14 S. Magavern- Living Wage Commission -City Compliance /COLA R &F 81- 31. No 58 Oct 3 COB Liv. Wage Comm. -Prop. Amendment R &F 82- 32. No 37 Nov 28 D. Bonifacio -S. Magavern -COB Living Wage Comm.- Living Wage Ord. Amendment R &F 83- 33. No 53 July 11 M. Kearns - Concerns -Tree Trimming- Choate Avenue R &F 84- 34. Res 109 July 11 Req. to Make COB Parks Handicap Accessible (Exc. 2 nd Res) R &F 85- 35. Res 121 June 13 Strengthen COB Sex Offender Ordinance (Exc. 1 st Res) R &F 86- 36. Res 158 Oct 3 Req. Notif. Of New Business License Applications R &F 87- 37. Res 120 Apr 18 Identification of Business Entities (Exc. 1 st Res.) R &F 88- 38. Com 26 June 27 Identification of Business Entities (EDPI) R &F 89- 39. No 73 July 25 A. Garcia -Req. to Expand Comm. Access Advisory Board RECOMMIT 90- 40. No 51 Oct 17 P. Smith & O -Req. Traffic Signal /2 Addl. Stop Signs- Corners of Masten/ Riley St. R &F COMMUNITY DEVELOPMENT 91- 41. Com 40 Dec 12 J. Golombek -BSA Res. -Auth. To Apply for Grant Funding -SMS Grant Frog. R &F COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, DECEMBER 26, 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 - 9. ABSENT-0 On a motion by Mr. Bonifacio, seconded by Mr.Fontana, the minutes of the stated meeting held on December 12, 2006 were approved. FROM THE MAYOR NO. 1 Appoint Janet E. Penksa Commissioner - Department of Administration, Finance, Policy and Urban Affairs Pursuant to §10 -2 of the Charter of the City of Buffalo, I hereby appoint Janet E. Penksa, 20 Wingate Avenue, Buffalo, NY 14216 to the position of Commissioner of Administration, Finance, Policy and Urban Affairs of the City of Buffalo at a salary of $104,000. I have attached Ms. Penksa's resume for Your Honorable Body's review. Most recently, Ms. Penksa was an associate with Hinman Straub, P.C. advocating on behalf of several municipal and not - for - profit clients at the NYS Legislature as well as state agencies. Ms. Penksa has extensive fiscal and budget management experience including positions as Fiscal and Budget Analyst, Deputy Fiscal Director, Director of Budget Studies and Fiscal Affairs, and Secretary to the New York State Assembly's Ways and Means Committee. Ms. Penksa has also served as Associate Vice President at the University at Buffalo and is a past director of the Erie County Fiscal Stability Authority. Ms. Penksa earned a B.A. in Political Science in 1981, a Masters in Public Policy and Administration in 1983, and is currently completing a Ph.D. in Geography, with an economic specialization, at the University at Buffalo. I hereby certify that Janet E. Penksa is well qualified to discharge the duties of Commissioner of Administration, Finance, Policy and Urban Affairs of the City of Buffalo, and I am proud to appoint her to this position. I urge this Honorable Body to confirm Ms. Penksa as the Commissioner of Administration, Finance, Policy and Urban Affairs at its earliest opportunii Mr. Bonifacio moved: That the communication from the Office of the Mayor, dated December 21, 2006, be received and filed; and That the Common Council, pursuant to Article 10 Section 2 of the City Charter does hereby approve and confirm Janet E. Penksa, 20 Wingate Avenue, Buffalo, New York 14216, for the position of Commissioner of Administration, Finance, Policy, and Urban Affairs. PASSED AYES — 9 NOES — 0 FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF STRATEGIC PLANNING NO. 2 ARTVOICE PROJECT PORTION OF 667 MAIN STREET JIM, LLC - REDEVELOPER The City of Buffalo Urban Renewal Agency (hereinafter referred to as "Agency ") duly designated JM, LLC (hereinafter referred to as "Redeveloper) and /or joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper of the properties known as a portion of 667 Main Street. JM, LLC has submitted a request to purchase the center and rear portions of the Glenny Building located at 667 Main Street, to house the Artvoice newspaper operations. The Youth Hostel occupies the remainder of the building. Since this building has always been used for a single occupant, in order to accomplish the project, without separating all of the utilities, a variance was sought and approved by the New York State Department of State. JM, LLC has agreed to undertake the rehabilitation and redevelopment of the property. Due to federal restrictions currently on the property, it is recommended that the property be leased for a period of ten years. The rent would be $9780 /year. In addition, the tenant would be responsible for all utility costs as well as the proportionate share of any taxes or other impositions assessed against the property. At the end of the tenth year, JM, LLC would be permitted to acquire the parcel for $1.00. The ability to purchase the property will be contingent upon JM, LLC fully complying with the terms of the Lease Agreement and Artvoice remaining in full compliance with the terms and conditions of a $500,000 loan from the Buffalo Economic Renaissance Corporation. I am hereby requesting that the Council Board authorize the Agency to enter into a Lease Agreement pursuant to said terms. The Agency has also determined that the terms of the proposed Lease Agreement is satisfactory. Please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary for your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded separately are the following documents: 1.Resolution setting Public Hearing 2.Notice of Public Hearing 3.Approving Resolution After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the Agency enter into a Lease Agreement with Redevelop REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 3 Contract Award 59 Memorial Drive Environmental Assessment (Item No. 289, C.C.P. 07/20/04) The City of Buffalo plans to undertake a Phase 1 /11 environmental assessment at the 59 Memorial Drive property. The City will be reimbursed for 100% of the allowable costs of the project through funding from the City's EPA Brownfield Pilot Project grant. The City is the current owner of the property. The City has advertised for, received and reviewed bids to undertake the Phase 1 /11 assessment of the 59 Memorial Drive property. The received bids for the Phase I are as Lump Sum Technical Rating The Leader Group $ 1,600.00 74 Atlantic $ 1,700.00 59 TVGA $ 1,900.00 89 Benchmark Environmental $ 2,200.00 90 Panamerican Environmental $ 2,400.00 88 GZA Geoenviron mental $ 2,500.00 76 EMG $ 3,750.00 i0 ERM- Northeast $ 4,000.00 51 LiRo Engineers $ 4,900.00 84 Foit - Albert $ 4,970.00 70 Emteque none given 18 Four firms were short listed and submitted unit rates for use on the Phase II assessment, as follows: Labor Rates Lab Costs geoprobe The Leader Group $30 - $100 /hr $650 /per $1,260 /day TVGA $45 - $145/hr not given $1,100 /day Benchmark Environmental $33 - $128/hr $385 /per $900 /day Panamerican Environmental $30 - $85 /hr $525 /per $900 /day It is understood that funds are available for this project from the City's environmental remediation bond account #38310206. Based on their qualifications, expertise and understanding of the project scope I respectively request that your Honorable Body authorize that the contract to undertake the Phase I /If assessment of the 59 Memorial Drive property be awarded to Benchmark Environmental Engineering & Science, PLLC and to further authorize the Mayor to execute a contract with Benchmark Environmental. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 26, 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 59 Memorial Drive, Environmental Assessment for Phase Ull assessment, to Benchmark Environmental Engineering & Science, PLLC, the lowest responsible bidder. Funds for the project are available in the City's environmental remediation bond account #38310206. PASSED AYES — 9 NOES 0 NO. 4 Office of Strategic Planning Buffalo Preservation Board Encroachment into City ROW 448 Delaware Avenue ( #17 CCP Dec. 12, 2006) Ellicott District Mr. Matthew Moscati, owner of the property located at 448 Delaware Avenue, presented the proposal to install a stone wall with iron railing within the City right -of -way at the above captioned property to the Buffalo Preservation Board on December 14, 2006. The Buffalo Preservation Board approved a Certificate of Appropriateness for the proposed work as follows: Construct a +/- 20" h. x 110 LF garden stone wall with pre -cast or limestone coping not less than 5" on its face at front of property, surrounding three (3) sides of existing landscaped area with a +/- 20" h. black wrought iron fence on top of the length of the wall If you have any questions, you may contact Thomas W. Marchese, Executive Secretary at 851 -5029. RECEIVED AND FILED NO. 5 Office of Strategic Planning Buffalo Preservation Board "C. Van Ness - Preservation Coalition of Erie Co., Concerns- 399 Franklin St. (#45 DCP Dec. 12, 2006) Ellicott District I am Christopher F. Guerra, AIA & currently hold the Planning seat on the Buffalo Preservation Board. Back in the year 2000, the Board was notified that the owner of 399 Franklin St. wished to demolish the structure at 399 Franklin St. due to the deteriorating conditions of the property. 399 Franklin St. is a c. 1867, 2- story, brick Italianate style residence originally built for Cornelius Horton. This building is not a locally designated landmark, but certainly is a contributing building located within the Allentown Local Historic District. Six years ago the owner of record, Ralph Salerno, came before the Preservation Board and requested that the Board approve the demolition of 399 Franklin St. Mr. Salerno presented a plan for the property, if demolition were approved, which was basically a grassed lot with a couple of trees & bushes. The Board was very concerned that an empty lot would have a negative visual impact on the historic district & the surrounding neighborhood & expose the side of 401 Franklin St. which is a basically a blank, 2 -story facade that was never intended to be visible from the street. The Board agreed to tour the site & visually inspect conditions of the building. At the time there were three (3) architects on the Preservation Board but not an Architectural Historian, After the site visit, the Board concluded that the telescoping rear portions of 399 Franklin St. were in serious deteriorating condition, but the original front section of the house was in good condition. The Preservation Board denied the proposal to demolish the building for an empty landscaped lot. The Board informed the owner that without a suitable replacement for the building, the Board could not accept or consider demolition given the fair condition of the front portion of 399 Franklin St. The Board did agree, however, to establish a Design Review Committee comprised of Board members John Laping, Dennis Masters and myself. Mr. Salerno indicated that he was planning to expand his existing printing company at 401 Franklin St. in the future, but currently did not have the means to do so. The Board informed Mr. Salerno that the Design Review Committee was ready to meet with him when ever he was ready with expansion plans & that he should study the possibility of rehabbing the front section of 399 Franklin St., demolishing the rear portion & building a new addition in the rear. He agreed to consider that. The Review Committee later met with the owner & his architect to look at their studies for expansion. The architect & owner stated they looked at the possibility of saving the front portion of 399 Franklin St. for their printing operations & offices. They indicated that because of the 3 to 4 foot floor elevation difference between his current printing shop & the front of 399 Franklin St. & for the operation of his business the level changes would not work & the area behind the house would not be enough for the reasonable expansion of his business. He also stated that there was just too much floor area in the older structure to use it just for his offices. The architect presented plans for a new structure that was setback from the street & void of windows. The Committee indicated that the design was not compatible in scale, material & placement to the existing printing shop & that the architect should consider moving the delivery operation to the new addition, removing the cedar shingle canopy over the existing print shop, bringing the face of the addition out to the street, increasing the height of the parapet, adding more windows on the west & south elevations & using a brick masonry similar in scale & color to the original. Both patties agreed to make adjustments to the design. While making changes, the owner came across an old drawing of 401 Franklin St., which was the original design for the street elevation. They indicated they would like to restore the facade of Franklin St. back to its original look & bring back some of the missing windows. The new addition would have similar brick corbelling details & window fenestration. The Committee was enthusiastic about the restoration of the facade & the other design changes made based on the recommendations of the Design Review Committee. The Committee told them to proceed with the plans, met one more time & agreed they were ready to present their proposal to the Buffalo Preservation Board. And after a six (6) year process, the Board felt that we had a plan & design that would warrant the demolition of 399 Franklin St. I hope this clarifies some of the history behind the proposal to demolish 399 Franklin St. & expand this printing operation in Allentown. If you have any questions, you may contact Thomas W. Marchese, Executive Secretary at 851 -5029. RECEIVED AND FILED FROM THE PRESIDENT OF THE COUNCIL NO. 6 Resolution to Block Loans for Out of Town Landlords In her letter dated November 15, 2006, Legislative Staff Member Mary H. Baldwin advised that the Common Council passed a resolution asking lending institutions to provide "a response in regards to their policy in assigning loans to out of region, state or county investors whose intention is to purchase income property in the City of Buffalo." Please be advised that M &T Mortgage Corporation does not place specific geographic restrictions on applicants who apply for mortgages for properties located within the City of Buffalo. M &T Mortgage Corporation follows well - established underwriting guidelines in determining the creditworthiness of applicants for mortgages that go well beyond "the applicant's ability to pay back the loan." These guidelines take into consideration the applicants' income, the likelihood of the continuance of that income, job history, credit background, assets, and liabilities. They also require an assessment of the property being financed and a determination of what the requested loan amount is relative to the appraised value of the property. We assess the likelihood of the applicants making payments when due, the risks of default, and the potential recovery in case of a default. This analysis would also limit the number and amount of mortgage loans an individual applicant will qualify for. To the best of our knowledge the absentee landlords that the Counsel has a concern about have not financed their purchases through M &T Mortgage Corporation. RECEIVED AND FILED NO. 7 Block out Loans for Out of Town Landlords Greater Buffalo Savings Bank's lending policy is consistent with other institutions that sell loans to the government sponsored entities (LSE's), FNMA and FHLMC. That is, our underwriting is focused on the borrowers willingness to repay after a careful review of the borrowers income, assets and credit history along with a review of the subject property appraisal. Greater Buffalo Savings Bank does not differentiate between local and out of town investors, however, we would consider any concerns relative to granting credit to any "known" slumlord. Please feel free to contact me at (716) 961 -2019 if further information is necessary. RECEIVED AND FILED FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS No. 8 Notification Serial # 10147 Install Stop Sign in West Ferry Street at Norwood Avenue (Delaware District) STOP SIGNS - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 9 Section 11 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS (ALL WAY) VEHICLES ON SHALL STOP BEFORE ENTERING West Ferry Street Norwood Avenue This action is being taken as a result of an investigation into the accident history of this intersection precipitated by a written request for all -way stop control. The results of this investigation indicate that this intersection meets criteria established by the Federal Highway Administration and the New York State Manual of Uniform Traffic Control Devices for the establishment of multiway stop applications. Notification Serial # 10148 No Standing School Days - Repeal on Hertel Avenue, south side between Saranac Avenue and North Park Avenue NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing there from the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Hertel Avenue, south side between 8:00 a.m. - 4:00 p.m. Saranac Avenue and North Park Avenue School Days This action is being taken at the request of the District Councilmember.(see next serial) Notification Serial #10149 No Standing School Days - Install on Hertel Avenue, south side between Saranac Avenue and North Park Avenue Delaware District NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 &the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 15 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Hertel Avenue, south side between 7:00 a.m. - 4:00 p.m. Saranac Avenue and North Park Avenue School Days This action is being taken at the request of the District Councilmember.(see previous serial) WAIVE 45 DAYS RECEIVED AND FILED NO. 9 Apollo Media Center CCP Com 29. June 13, 2006 — Apollo Media Employees - Agreement with Wellness Institute Your Honorable Body is requested to extend the current agreement with the Wellness Institute of Greater Buffalo & Western New York and this Department for the administration of the Apollo Media Center to March 31, 2007. We would like additional time to prepare a long -term operational plan for the Apollo. That the agreement between the City of Buffalo and Wellness Institute regarding the Apollo Media Center be extended through March 31, 2007 PASSED AYES — 9 NOES — 0 NO. 10 Home Owner Waterline Repairs Item No. 112, CCP 11/29/2005 At their November, 2006 meeting, the Buffalo Water Board discussed the proposal to accept responsibility for maintenance and replacement of all service lines. The Board decided, because of the additional cost of taking on this responsibility, they could not accept such a proposal. The Board estimates that this proposal would require a minimum five percent rate increase. REFERRED TO THE COMMITTEE ON FINANCE NO. 11 Increase in Contract - Abby St. Soil Removal Visone Construction Contract # 92011217 1 hereby submit to Your Honorable Body the following increase in contract for excavation, loading, hauling and dumping of contaminated soils excavated from the Abby St. right of way, Visone Construction, contract # 92011217 Hourly rates for labor and equipment to load, haul and dump contaminated soils from Abby St. right of way. Test results show that the excavated soils are not hazardous and can be disposed of as normal solid waste (garbage). • (6) dump trucks on (8) hour days • (1) bulldozer on (8) hour days • (2) front end loaders on (8) hour days Estimated quantity of soils being disposed of as solid waste in Modern Landfill, Lewiston, NY is 6,000 cubic yards and total costs are not expected to exceed $75,000.00 for Visone's operations. Permission is being requested from Your Honorable Body to issue a change order to Visone Construction not to exceed $75,000 as set forth above. Funds are available in Capital Project Accounts # 53023517 and 30032106. A contract summary is as follows: • Existing Contract Amount $187,473.00 • Amount This Change $ 75,000.00 (not to exceed) • Revised Contract Amount $262,473.00 (not to exceed) Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 21, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to Visone Construction, an increase in the amount of $75,000.00 (not to exceed), as more fully described in the above communication, for work relating to Abby Street Soil Removal, C #92011217. Funds for this project are available in Capital Project Accounts #53023517 and 30032106. PASSED AYES — 9 NOES — 0 NO. 12 Johnson Park Parking Within Right of Way 24 Johnson Park Signature Development Rocco R. Termini of Signature Development has requested permission to utilize City right of way on Johnson Park for a parking area. The parking area would be located on the south side of Johnson Park beginning at Elmwood Avenue and extending approximately 350' east. This portion of Johnson Park would remain open to thru traffic but the parking lane would be restricted to exclusive use by Signature Development tenants. The area reserved for Signature Development parking would be approximately 8'x 350' (2,800 square feet ). The Department of Public Works, Parks and Streets has reviewed this application pursuant to Chapter 413 -67 (Encroachment Regulations) of the City Charter and has no objections to the proposed encroachment and proposed usage as it will have no impacts on traffic flow or safety on this low volume street segment. Therefore, the Department of Public Works, Parks and Streets has no objection to your Honorable Body authorizing the Commissioner to issue a "Mere License" for the use of City right of way as a parking area provided the following conditions are met: 1. That the applicant obtain any and all other required City of Buffalo permits. 2. That the applicant be responsible for maintenance of the parking area within City right of way. 3. That the applicant be charged any fee established for similar situations wherein City right of way is utilized as a parking area. That, in the event the Commissioner of Public Works, Parks and Streets determines the encroachment must cease as a result of factors effecting the health, safety and welfare of the public, or the needs of the City, said Commissioner may order the immediate removal of the encroachment as described in Chapter 413 -67(F) of the City Charter. That the applicant supply the Department of Public Works, Parks and Streets with a certificate of insurance, in an amount deemed sufficient by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use or removal of said parking area. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 20, 2006, be received and filed; and That the Department of Public Works is authorized to issue a license to Signature Development for encroachment on City Right of Way at 24 Johnson Park. Compliance with all applicable codes and law is required. The Commissioner is authorized to remove the encroachment at any time in accordance with applicable law. PASSED AYES 9 — NOES 0 NO. 13 Obsolete Equipment The Office of Telecommunications, Utilities and Franchises has some equipment that is obsolete or too expensive to repair that it would like to dispose of. The list is attached. We believe that it would be too costly to advertise its availability, plus it is specialized equipment that would be useful to very few people or companies. We would like to solicit bids from entities who might wish to purchase the entire lot in "as is" condition. We would like to post a notice about its availability at the Apollo, place a message on the Buffalo TV Billboard, and contact some local companies who might have use for such items. They would be given the opportunity to physically examine the equipment, and then submit sealed bids. The results would be submitted to this Honorable Body for approval. We anticipate that this will generate several hundred dollars, which would be deposited into the PEG trust and agency account. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 21, 2006, be received and filed; and That the Office of Telecommunications, Utilities and Franchises is authorized to solicit bids to purchase obsolete equipment from the City of Buffalo, and that the results be submitted to the Common Council for approval. PASSED AYES — 9 NOES — 0 NO. 14 Request Permission to Purchase Vehicles [and Equipment Our department is requesting permission to buy several new trucks and equipment for our Streets Division. Vechicles and equipment to be purchased are as follows: 1) (3) Dump & Salt Sreader Bodies with Accessories Cost: $ 95,274.00 2) (2) Full Leveling Wing Plows, Right Side, Installed for use with Dump Trucks $12,550.00 3) (1) Goodall Jump Start Unit $6,244.00 Funds for these purchases will come from the following accounts: 52002607- 474100 30032106 - 445100 Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 12, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to purchase new trucks and equipment as more fully described in the communication. Funds for these purchases are available in 52002607- 474100, 30032106- 44510. PASSED AYES — 9 NOES — 0 NO. 16 Request Permission to Purchase Vehicles and Equipment Our department is requesting permission to buy several new trucks and equipment for our Streets Division. Vechicles and equipment to be purchased are as follows: 1) (4) Elgin Street Sweepers Cost: $520,000.00 2) (9) Tandem Axel Truck Chassis for Refuse, Snow Plowing and $590,436.00 for use with Dump Trucks City Contract #7253 3) (4) John Deera Front End Loaders with Reversible Plows and $491,980.00 Multi- purpose Buckets City Contract #7257 4) (10) Reversible Henke 10' Snow Plow Blades $ 70,000.00 City Contract #7201 5) (2) Small Dump Trucks with Plows and Salt Spreaders $131,000.00 6) (2)Van properly equipped for transport of small animals $ 30,000.00 7) (1) Holding and transport cage to be used at the Buffalo Animal Shelter $ 1,000.00 Funds for these purchases will come from the following accounts: 15050007 - 474100 52002607- 474100 30032106 - 445100 15050007 - 474200 52002607- 474200 Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 7, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to purchase new trucks and equipment as more fully described in the communication. Funds for these purchases are available in the accounts as listed above. PASSED AYES — 9 NOES — 0 NO. 16 RESOLUTION FOR N.Y. STATE MULTI MODAL GRANT P.I.N. 6ME017.30A ABBY STREET EXTENSION - $1,000,000 In order to authorize and implement the subject grant, NYSDOT requires a resolution be passed as follows: Resolution authorizing the implementation, and funding in the first instance of the State Multi -Modal Program -aid (and State administered federal program aid) eligible costs, of a capital project, and appropriating funds therefore. WHEREAS, a Project for the New highway construction of Abby Street Extension— in the City of Buffalo— Erie County— P.I.N. 5ME017.30A ( "the Project ") is eligible for funding {under Title 23 U.S. Code, as amended, and) New York State's Multi -Modal Program administered by the NYS Department of Transportation ( "NYSDOT "); and WHEREAS, the City of Buffalo and HydroAir desire to advance the Project by making a commitment of advance funding of the non -local share and funding of the full local share of the costs of the Project; and NOW, THEREFORE, the Common Council of the City of Buffalo, duly convened does hereby RESOLVE, that the Common Council of the City of Buffalo, hereby approves the above - subject project; and it is hereby further RESOLVED, that the Common Council of the City of Buffalo hereby authorizes HydroAir, in conjunction with the City of Buffalo to pay in the first instance 100% of the cost of construction work for the Project estimated at —; and it is further RESOLVED, that the Mayor of the City of Buffalo be and is hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid and /or Multi -Modal Program Funding on behalf of the City of Buffalo and HydroAir with NYSDOT in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's first instance funding of project costs and permanent funding of the local share of federal -aid and all Project costs that are not so eligible, and it is further RESOLVED, that a certified copy of this resolution be filled with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and it is further RESOLVED, that this Resolution shall take effect immediately. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 20, 2006, be received and filed; and That the Mayor be, and he hereby is authorized to execute all necessary agreements, certifications or reimbursement requests for Federal Aid and /or MultiModal Program Funding on behalf of the City and HydroAir with NYSDOT in connection with the advancement or approval of the Project; and That the City Clerk provide a certified copy of this resolution with the NYS Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project. PASSED AYES - 9 NOES -0 NO. 17 BUFFALO MUNICIPAL WATER FINANCE AUTHORITY FIVE YEAR CAPITAL PLAN In accordance with the Financing Agreement between the City of Buffalo, the Buffalo Water Finance Authority, and the Buffalo Water Board, attached please find the proposed Five Year Capital Improvement Plan for 2007 -2013. This plan is being sent to the Common Council for your approval. REFERRED TO THE COMMITTEE ON BUDGET NO. 18 CERTIFICATE OF APPOINTMENT Appointment effective December 11, 2006 in the Department of Public Works to the position of Heating Equipment Service Worker, Permanent at the Intermediate starting salary of $29,096.00 Eric J. Patton, 704 McKinley Pkwy, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 19 DISPOSAL OF USED BPD JACKETS The Buffalo Police Department hereby requests permission from your honorable body to enter into an agreement with United Uniform regarding the disposal of used Buffalo Police Department summer and winter duty jackets. Whereas United Uniform is the current authorized vendor to provide uniforms for Buffalo Police Department sworn personnel and, whereas the Buffalo Police Department is in the process of converting to a new, departmental wide, all -in -one jacket and, whereas the City of Buffalo and the Buffalo Police Department will mutually benefit, the Department hereby requests to dispose of the older, used jackets according to the agreement attached. This agreement will allow the Department to dispose of the used jackets as they are turned in, will prevent the Department from utilizing excessive storage space and will provide a revenue source to the City and the Department for an item that would normally be discarded. This is a one time agreement to help facilitate and complete the switch over to the new jackets. Please contact my office at 851 -4624 or Lieutenant Daryl Ricigliano at 851 -5645 if you should have any questions. ( 1 Attachment) Mr. Bonifacio moved: That the above communication from the Department of Police dated December 1 I, 2006, be received and filed; and That the Buffalo Police Department is authorized to enter into an agreement with United Uniform regarding the disposal of used Buffalo police summer and winter duty jackets as more fully explained in the attached communication. PASSED AYES - 9 NOES -0 NO. 20 DRUG ASSET FORFEITURE WIRE TRANSFERS ITEM NO. 104, C.C.P. 2/2/88 05 -DEA- 4578345 C2 -05 -0145 $572.47 06 -DEA- 467710 C2 -06 -0049 7,827.96 06 -DEA- 469848 C2 -06 -0057 196.77 06 -DEA- 469852 C2 -06 -0057 663.57 06 -DEA- 468488 C2 -06 -0105 2,366.89 06 -DEA- 468497 C2 -06 -0105 2,057.29 06 -DEA- 469682 C2 -06 -0112 1,612.09 06 -DEA- 469688 C2 -06 -0114 12,543.49 06 -DEA- 470082 C2 -06 -0121 1,202.29 TOTAL $29,042.82 The Drug Enforcement Administration (DEA) has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000- 389001. These funds will be placed into one or more of the following accounts as deemed by the Commissioner of Police: Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624. RECEIVED AND FILED NO. 21 DRUG ASSET FORFEITURE ANNUAL CERTIFICATION REPORT AND AUDIT FOR FISCAL YEAR ENDING JUNE 30, 2006 Enclosed please find the completed audit report and certification report for the fiscal year ended June 30, 2006. This report is being filed with your Honorable Body as an informational item. If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624. REFERRED TO THE COMMITTEE ON FINANCE NO. 22 SEIZED VEHICLES The Buffalo Police Department hereby requests permission from your honorable body to utilize current drug asset forfeiture funds to cover administrative /seizure fees to the U.S. Marshalls Office for two vehicles recently seized by the Buffalo Police Department. One vehicle is a 2003 GM truck and the other is a 2000 Ford. The vehicles must be assigned to the Narcotics Squad as mandated through the Drug Asset Forfeiture guide book and will be utilized in future undercover operations. The total funds to be spent to cover the fees will be $5,994.53. If you have any questions, please contact me at 851 -4531. Mr. Bonifacio moved: That the above communication from the Department of Police dated December 11, 2006, be received and filed; and That the Buffalo Police Department is authorized to utilize drug asset forfeiture funds to cover administrative /seizure fees owed to the U.S. Marshall as more fully explained in the attached communication. PASSED AYES - 9 NOES -0 FROM THE COMMISSIONER OF FIRE NO. 23 FEMA GRANT AWARD EMW- 2006 -FG -17271 The Department of Fire is requesting approval to accept and expend the grant award from FEMA's Assistance to Firefighters Grants (AFG) program. We applied for this grant as a means to upgrade firefighting equipment and firefighter safety. We specifically addressed our ability to operate with increased surge capacity and the equipment purchased through this grant will further assist us in reaching our goal. The total award from FEMA is $341,871.00. As part of the FEMA AFG Program, municipalities are required to provide a 30% match to secure these funds. The matching portion of the award is $85,467.00. Commissioner Estrich has approved the use of the fire department budget to assume the costs of the grant match. We request that this grant be approved as it will greatly enhance the equipment used by our members on a day -to day basis. Mr. Bonifacio moved: That the above communication from the Department of Fire dated December 19, 2006, be received and filed; and That the Buffalo Fire Department is authorized to accept a FEMA AFG Grant per the terms stated in the attached communication. PASSED AYES - 9 NOES -0 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & NO. 24 SECOND HAND DEALER 1446 HERTEL AVE (DELAWARE) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 1446 Hertel Ave. and Fred that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Madelynn Perillo. The attached thereto for Madelyrm Perillo d /b /a Oddball. This request is submitted for your approval or whatever action you deem appropriate. Mr. Bonifacio moved: That the above communication from the Department of Economic Development Permit and Inspections Services dated December 13, 2006 be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspections Services be, and he hereby is authorized to grant a Second Hand Dealer license to Madelyrm Perillo, d /b /a Oddball located at 1446 Hertel Avenue. PASSED AYES - 9 NOES -0 NO. 26 SECOND HAND DEALER 1113 ELMWOOD (NORTH) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 1113 Elmwood Ave. and fmd that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Joseph Maniaci. The attached thereto for Joseph Maniaci d /b /a Allentown Music . This request is submitted for your approval or whatever action you deem appropriate. Mr. Bonifacio moved: That the above communication from the Department of Economic Development Permit and Inspections Services dated December 13, 2006 be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspections Services be, and he hereby is authorized to grant a Second Hand Dealer license to Joseph Maniaci, d /b /a Allentown Music located at 1113 Elmwood Avenue. AYES - 9 NOES -0 NO. 26 USED CAR DEALER 1933 GENESEE (LOVEJOY) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 1933 Genesee and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Denis Wakelam. The attached thereto for Denis Wakelam. d /b /a S & W Motors. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSION ON CITIZENS RIGHTS AND COMMUNITY RELATIONS NO. 27 COMMISSION APPOINTMENTS CCP #1, 12/12/2006 The following appointments have been filed for your approval: Dana Bobinchek - Special Assistant to the Mayor to fill Ross Runfola's term which expired 6/30/06. Carol Speser - working on her forth unit of Clinical Pastoral Education at Sisters of Charity Hospital to fill David Cauro's term expiring 6/30109. And the Reappointment of: Lana Benatovich - to be reappointed to the Commission expiring 6/30/09. The Commission has concerns regarding the appointment of a City employee to the Commission and therefore finds it inappropriate. For clarification purposes, the Commission recommends that the appointment of Carol Speser replace the vacancy left by Mark Philips and not that of David Caruso. David Caruso filled the law enforcement vacancy left by Thomas Higgins in March 2003. Someone having a background in law enforcement should therefore replace the vacancy left by David Caruso. (See attachment) Thank you REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DIRECTOR OF COLLECTIONS FROM THE BOARD OF EDUCATION NO. 28 BOE PLAN REDUCING HIGH SCHOOL DROP OUT RATE #115, C.C.P. 12/12/06 The Buffalo Public Schools is in receipt of the Common Council's request for the Broad of Education's plan on reducing the high school dropout rate. As per this request, the Buffalo Public School district is crafting a document that outlines the district's current and future activity in addressing this concerning issue. Provided the winter recess, it is anticipated that this document wilt be completed no later than January 5, 2007. If there are any questions related to this correspondence, please do not hesitate to contact me. REFERRED TO THE COMMITTEE ON EDUCATION FROM THE CITY CLERK NO. 29 MINUTES OF THE BOARD OF ETHICS Attached please find the minutes of the February 28, 2006, March 28, 2006, May 2, 2006, June 13, 2006 & November 14, 2006 Board of Ethics meetings. Please note that the Board of Ethics did not meet during the months of July through October. RECEIVED AND FILED. NO. 30 LEAVES OF ABSENCE I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Police -K. Cannon, D. Donovan, P. Ostrowski RECEIVED AND FILED. NO. 31 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Bonifacio moved the approval of the appointments to the position of Council Intern. ADOPTED. Appointment Effective December 18, 2006 in the Department of Common Council, University District, to the position of Intern VI, Seasonal, Non - Competitive, at the flat starting salary of $10.00 /hr. JaHarr S. Pennington 147 Davidson Avenue Buffalo, NY 14215 NO. 32 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 12/08/06 in the Department of Community Services & Recreational Programming, Division of Youth, to the position of Intern III, Seasonal, Unclassified, at the flat starting salary of $8/15/Hr. Dorcas Rosa 340 Hampshire Street Buffalo, NY 14213 NO. 33 NOTICES OF APPOINTMENTS - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. DEPARTMENT OF ASSESSMENT AND TAXATION Appointment Effective December 11, 2006 in the Department of Assessment and Taxation, to the position of Clerk - Seasonal, at the flat starting salary of $8/15/hr. Cavina Littlejohn 601 Wyoming Avenue Buffalo, NY 14215 DEPARTMENT OF ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS Appointments Effective December 18, 2006 in the Department of Administration, Finance, Policy and Urban Affairs, Division of Parking Enforcement, to the position of Laborer II, Seasonal, Non - Competitive, at the minimum starting salary of $8.15/hr. Joseph Mielcarek 43 South Pontiac Buffalo, NY 14206 Kevin Derfert 139 Benzinger Buffalo, NY 14206 NO. 34 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various department made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. DEPARTMENT OF PUBLIC WORKS, PARKS AND STREETS Appointment Effective December 14, 2006 in the Department of Public Works, Parks & Streets, Division of Buildings, to the position of Laborer II, Permanent, Non - Competitive, at the minimum starting salary of $24,430. Jeffrey LaFrano 160 North Ogden Street Buffalo, NY 14206 Appointment Effective December 18, 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. Kevin G. McCarthy 917 Abbott Road Buffalo, NY 14220 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 36 D BONIFACIO- NIAGARA RIVER BOARDWALK Dear Mr. Chwalinski: I am requesting that this packet discussing the Niagara River Boardwalk be sent to the Common Council's Community Development Committee for further discussion. Thank you for your attention with this matter. Very Truly Yours, Dominic J. Bonifacio, Jr. Majority Leader NO. 36 PROPOSED AMENDMENT TO LIVING WAGE ORDINANCE; IMPACT ON BFSA WAGE FREEZE Dear Ms. Johnson: You have requested our advice regarding the above matter; specifically whether an amendment by the Buffalo City Council to the living wage ordinance which would increase the minimum wage rate for city employees would conflict with the BFSA Wage Freeze which became effective April 2i, 2004. We have reviewed the materials you forwarded to us, including the proposed amendment, the November 8, 2006 correspondence from Sam Magavern, (Compliance Coordinator, Living Wage Commission) to Council Member Richard Fontana, the single page communication to Common Council from the Department of Administration, Finance and Urban Affairs dated October 26, 2006, and the November 15 correspondence from Mr. Magavern to Assistant Corporation Counsel Peter Savage. The proposed amendment would add a cost of living adjustment to the living wage rate. increasing it on January 1, 2007 to 9.59 /hour with health benefits and, $10.77 /hour without health benefits, utilizing the Consumer Price index to adjust these hourly rates each subsequent January 1, based upon the previous year's CPI increase (utilizing the Index for all urban consumers CPI -U). There can be no dispute that the proposed amendment would result in an increase in wages for certain employees of the City and other "Covered Organizations the BFSA Act. The November 8 Magavern to Fontana correspondence estimate@ $62,000 cost for the first six months of 2007. The October 26 single page communication to Common Council suggests that the economic impact could be offset by hiring fewer workers, but that communication also raises the concern that the increase could be a violation of the Wage Freeze. The November 15 Magavern to Savage letter raises two arguments in support of a finding that the living wage ordinance amendment would not violate the Wage Freeze. First, it quotes the language of the BFSA Act, which allows the Authority to freeze: all increases in salary or wages of employees of the City and employees of Covered Organizations which will take effect after the date of the order .pursuant to collective bargaining agreements, other analogous contracts or interest arbitration awards, now in existence or hereinafter entered into, requiring such salary or wage increases as of any date thereafter..." (Section 3858.2 [C](i)). Mr. Magavern suggests that the proposed amendment would not fall within the phrase "'collective bargaining agreements, other analogous contracts or interest arbitration awards ". We believe this conclusion to be incorrect. In our opinion, the proposed amendment fits within the term "analogous contracts ". All employment constitutes an implied or express contract to perform services for an expected wage or salary. Employees of the City and Covered Organizations are subject to either union contracts, specific written employment agreements or an at -will contractual relationship with their employer. The promulgation of legislation by Common Council, establishing a new minimum living wage, which would require an increase in wages would violate the BFSA Wage Freeze Resolution (04 -35) which provides; "IT]his Wage Freeze shall apply to prevent and prohibit any increase in wage rates, wages, or salaries for any employee of the City or a Non - exempt covered Organization, including but not limited to, any increased payments for holiday and vacation differentials, shift differentials, salary adjustments according to plan and step -ups or increments; and including increases in wage rates, wages, or salaries pursuant to any plan or schedule for advancement or promotion; and including any increases in wage rates, wages or salaries provided for under collective bargaining agreements, interest arbitration awards, employment agreements, or discretionary increases to non - represented employees ..." Whenever interpreting statutory language, one must look to the intent and purpose of the legislation. The BFSA was empowered to enact a freeze on wages and salaries because of its finding that such action "is essential to the adoption or maintenance of a City budget or a financial plan ". Further, once enacted, the Authority is granted broad discretion to continue the freeze until such time as "it finds that the fiscal crisis, in the sole judgment of the Authority has abated ". (BFSA Act Section 38.58.2[D]). Thus, a City ordinance which would allow increases ill wages and salaries would violate not only the language of the statute, but also the spirit and intent of the provision granting authority to the BFSA by the New York State Legislature. Mr. Magavern also relies upon the Court of Appeals decision in Patrolmen's Benevolent Association v. City of New York, 41 NY2d 205 (1976). He further cites the case of— Masiello, 21 AD3d 1266 (2005), which interprets the BFSA Act Wage Freeze provisions. In our opinion neither of these cases would support the position that a legislative wage increase is consistent with the existing Wage Freeze Resolution. In the PBA case the Court found that a judicially mandated remedy embodied in a judgment did not fit within the term "collective bargain agreements or other analogous contracts ", and there was no basis for inferring a differing legislative intent. In the — case, the Buffalo police union attempted to rely upon the Com't of Appeals PBA decision. This was rejected because the proposed increase was not one which was to take effect "exclusively 'as a result of a judicially mandated remedy embodied in a judgment' of a court "; rather, the increase in Meegan had "its genesis entirely in a collective bargaining agreement ". In sum, the proposed legislation does not constitute a judicially mandated remedy embodied in the judgment; rather it constitutes an analogous contract to provide a wage increase, and it is thus prohibited by the Wage Freeze currently in effect. Finally, Mr. Magavern's November 15 letter expresses the opinion that the proposed ordinance would be at least valid with respect to private employers who are subject to the living wage ordinance. This is not an issue on which you have requested our opinion; however, in order to avoid confusion, should the City decide to proceed with the amendment to the living wage ordinance as to private employers, it would be advisable to have that legislation specifically provide that the ordinance will not be applicable to the employees of the City and non - exempt Covered Organizations during the pendency of the current Wage Freeze or any future Wage Freeze. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 37 FACT SHEET FRANCZYK PARK FACT SHEET PROJECT STATUS UPDATE The design of the park has been completed, however, due to unanticipated delays in securing project funding, cleanup construction was not able to begin this year, as planned in the original project schedule. Now that funding has been successfully secured, the project will continue with its original cleanup goals, but with a revised schedule- Since winter is not an ideal season for construction, cleanup activities are now scheduled to begin in the spring of 2007 and will continue through the summer of 2007. Planned cleanup activities for the park will remain the same, and are described in greater detail below. We have appreciated your input and involvement in this project, and look forward to its successful completion- If you have any questions regarding this project or the revised schedule, please feel welcome to contact the representatives identified on the back of this page- Thank you for your patience as we work towards our common goal of improving and restoring Franczyk Park. Fact sheets, such as this one, will be sent to keep you updated throughout the duration of this project. Environmental Restoration Program Project No. B00174 -9 INTRODUCTION 'This fact sheet is being provided to update you on the status of planned cleanup activities at Franczyk Park through the Environmental Restoration Program (ERP). As you may know, a cleanup plan has been selected for Franczyk Park by the City of Buffalo's Department of Public Works, in partnership with the New York State Department of Environmental Conservation (DEC). A public meeting was held on January 12, 2006, at the T.J. Dulski Community Center to discuss the proposed cleanup and restoration activities for the park, and to gather public DESCRIPTION OF PROPOSED CLEANUP ACTIVITIES To eliminate or reduce human health and environmental threats associated with potential exposure to contaminants, and to allow continued use of the site as a City park, the City and DEC are proposing the following cleanup activities: • Implement a remedial design program to provide details necessary for the construction, maintenance, and monitoring of the cleanup program; • Excavate soil or fill determined to be hazardous and dispose of off -site; • Increase existing soil cover through the placement of at least 18 inches of clean fill in all park areas; • Place at least six inches of topsoil and establish a vegetative cover in all green space areas, or place at least six inches of concrete or asphalt paving in non - vegetated areas; • Install geo- textile and place at least six inches of pea gravel (or other suitable material) in playground areas; • Install a groundwater interceptor trench along Fleming Street; • Demolish and replace all athletic facilities and playground equipment in order to install the cover system; • Impose an institutional control in the form of an environmental easement to ensure that the property always remains a park; • Develop a Site Management Plan for implementation of the institutional and engineering controls including soil management, groundwater monitoring, and site use restrictions; and • Provide periodic certification to DEC that all institutional or engineering controls remain in place and are being maintained. The goal of the proposed cleanup activities is to restore Franczyk Park to a condition suitable for public recreational use and enjoyment. SITE BACKGROUND Franczyk Park is a 16.5 acre public park located at 564 Babcock Street in the City of Buffalo, Erie County. (See site map above.) The site was first developed in the late 1800's as an agricultural fertilizer manufacturing facility where operations continued for nearly a century. In the late 1930's the southeast corner of the site was sold to rendering and soap manufacturers. In 1977, an automobile salvage yard purchased the site. When the automobile salvage yard went bankrupt in 1981, a real estate company acquired the site and later sold it to the City of Buffalo in 1984. An environmental investigation conducted by the City in 1985 found contamination of soils at the site. The City used additional off -site soil, fill and topsoil during the construction of the public park in 1987. In 1998, the City discovered ponded water at the site containing elevated levels of arsenic. The City took measures to properly drain the water and remove the source of the contamination. This Work led to a comprehensive investigation of the entire park in 2004. In March 2005, DEC issued a Record of Decision (ROD) that required additional cleanup activities to ensure that the park is suitable for future public use. Cleanup activities at Franczyk Park will be performed under the New York State 1996 Clean Water /Clean Air Bond Act "Environmental Restoration Program" (ERP). Through the ERP, DEC provides financial assistance to local governments for the cleanup and restoration ofbrownfield sites. A brownfield is a site that is un -used or underused due to real or perceived environmental contamination. RECEIVED AND FILED 15 BENNETT VILLAGE NO. 38 RESUME MASTEN DIST COUNCIL LEON M. HICKS "It is my belief that every generation has a responsibility to not only carry on the legacy of our parents but to Investigate and question our beliefs, habits and customs. Indeed we must wrestle with our past in order to break through the barriers that limit us." By: Unknown My name is Leon Michael Hicks, and I write this letter to you, in order to ask for your support of my candidacy for the Masten District Common Council seat, which will become vacant, once our current Council Member Antoine Thompson becomes our next State Senator. I see the potential in our great community. From our Beautiful Jefferson Strip to our eloquent Hamlin Park, from our Historic Main Street to our Humboldt Pkwy, from Central Park Plaza to Martin Luther King Jr. Park, the wonder can be seen. Our Hasten District is made up of beautiful neighborhoods clouded by abandoned properties, absentee landlords, and bad conduct. Our homeowners live in fear every day, of becoming the next headline in the Buffalo News. This disrespect has to stop! The City of Buffalo has positioned Itself either by fate or by circumstance in a period of time, referred to as Re- Birth. However, to experience a re -birth one must first have experienced "ilife ". I am a homeowner in the Masten District and a life long resident who, currently works in the Lovejoy District Common Council Office as a Legislative Assistant to Council Member Richard A. Fontana. ! attended the Model Academic Bennett High School where ! graduated with Honors from the Law Magnet Program. I feel it Is my responsibility to ensure that wonderful things happen in the Masten Community. ! also serve as a Community Housing Court liaison. This has opened my eyes to the epidemic of absentee landlords, vacant and abandoned homes, and empty lots that is destroying our community. And as council Member I want to carry on this legacy to restore the hope, pride and thrive in our City, by destroying the mindset of MEDIOCRACY, which has encompassed our city. More specifically, our Masten District. And as Council Member I will exploit the potential on every street and force the re -birth in our community. I want the Masten District to be the example community in the Queen City. Furthermore as Council Member, I will work closely with the district's Block Clubs in order to better serve the district as a whole. Making it possible for me to stay Involved on every street and connected to the entire community. By saying all of this, I understand the importance of quality of life issues and will work hard and un- conditionally for such betterment. I will maintain and grow the success of our uniqueness and will stand up for the policies that are beneficial to our community and Queen City. I know that your support is essential. Together we can work and make the Masten District stronger, the thief, and in position to take advantage of the re- birth. I will be contacting you to further discuss my candidacy. Please do not hesitate to contact me either via a -mall or by phone Leon Michael Hicks REFERRED TO THE COMMITTEE OF THE WHOLE 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 PASSED. 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 LIVING WAGE ORDINANCE AMENDMENT AR MAYOR BROWN 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 PASSED (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 CIVIL SERVICE (Bonnie E. Russell, Chairperson) No. 51 Appointment Supervising Auditor (Inter) (Compt) (Item No. 11 -Dec. 12, 2006) That Communication 11, Dec. 12, 2006 be received and filed and the temporary appointment of Elizabeth Mancuso stated above at the intermediate starting salary of $47,456.00 effective on November 6, 2006 is hereby approved. AYES — 9 NOES 0 No. 52 Appointment System Administrator (Max) (MIS) (Item No. 14 -Dec. 12, 2006) That Communication 14, Dec. 12, 2006 be received and filed and the provisional appointment of James Seguin stated above at the maximum starting salary of $52,785.00 effective on November 28, 2006 is hereby approved. PASSED AYES — 9 NOES — 0 NO. 53 Appointment Asst. Collection Officer (Prov.) (Inter#3) (AFUI) (Item No. 29 -Dec. 12, 2006) That Communication 29, Dec. 12, 2006 be received and filed and the provisional appointment of Carmen Bryant stated above at the Intermediate starting salary of $35,518.00 effective on December 4, 2006 is hereby approved. PASSED AYES — 9 NOES — 0 NO. 54 Notices of Appt.- Temp. /Prov. /Perm. (C. Clk.) ( #35,12/12) That the above item be and the same hereby is received and filed. ADOPTED NO. 55 Budget and Personnel Amendment 20- Department of Police 1122 -Fleet Maintenance (Item No. 111, C.C.P., Dec. 12, 2006) That the Budget and Personnel Amendment as contained in Item No. 111, C.C.P., December 12, 2006, be and the same hereby is approved. PASSED AYES — 9 NOES — 0 NO. 56 Budget /Personnel Amendment - Assessment ( #92 That the above item be and the same hereby is received and filed. ADOPTED. FINANCE (Brian C. Davis, Chairman) NO. 57 J. Knight -Sale /Development -117 & 120 Fenton St. (Lov) (Law) ( #22 That the above item be and the same hereby is received and filed. ADOPTED NO. 58 Vacant Lots Being Charged a User Fee (Law) ( #26,12/12) That the above item be and the same hereby is received and filed. ADOPTED. NO. 59 Vacant Lots Being Charged a User Fee ( #111,10/31) ( #54, 12/12) That the above item be and the same hereby is received and filed. ADOPTED NO. 60 B. Davis - Casino Career Training Center ( #38,11/28) That the above item be and the same hereby is received and filed. ADOPTED. NO. 61 Renew Lease Agree. Betw. COB & Metro. Comm. Dev. Corp. (Delavan Grider Comm. -Comm. Ctr.) Use of 877 E. Delavan (Masten) (#4, 5/2) (Strat. Plan.) ( #75,7/11) That the above item be and the same hereby is received and filed. ADOPTED NO. 62 G. Halsey- Friends to the Elderly, Youth & Family Center - Req. Lease Rev. ( #53,3/21) ( #90,5/16) That the above item be and the same hereby is received and filed. ADOPTED NO. 63 J. Knight -Sale /Development -117 & 120 Fenton St. ( #91,9/5) That the above item be and the same hereby is received and filed. /G1910129:193 LEGISLATION (Richard A. Fontana, Chairman) NO. 64 M. Benthin, Petition to Use 242 Hopkins - Erect a Steel Sided Pole Barn to Enclose an Existing Concrete Manufacturing Plant (Item No. 46, C.C.P., Dec. 12, 2006) That after the public hearing before the Committee on Legislation on December 19, 2006, the petition of M. Benthin, agent, for permission to use 242 Hopkins to erect a steel -sided pole barn to enclose an existing concrete manufacturing plant be, and hereby is approved. PASSED AYES - 9 NOES - 0 NO. 65 Xin Yong Yang to Use 2262 Seneca Street - Restaurant (Item No. 48 C.C.P., Dec. 12, 2006 That the petition of Xin Yong Yang, owner, for permission to for a restaurant be, and hereby is approved. Passed. AYES - 9 NOES - 0 NO. 66 Ordinance Amendment - Chapter 137 - Code Enforcement (Item No. 95, C.C.P., Dec. 12, 2006) That after the hearing before the Committee on Legislation on December 19, 2006, the Ordinance Amendment as contained in Item No. 95, C.C.P., December 12, 2006, be and the same hereby is approved. PASSED AYES - 9 NOES - 0 NO. 67 Ordinance Amendment - Chapter 299 - Obscenity (Item No. 96, C.C.P., Dec. 12, 2006) That after the hearing before the Committee on Legislation on December 19, 2006, the Ordinance Amendment as contained in Item No. 96, C.C.P., December 12, 2006, be and the same hereby is approved. PASSED AYES -9 NOES - 0 NO. 68 Ordinance Amendment - Chapter 254 - Junk Dealers and Pawnbrokers (Item No. 103, C.C.P., Dec. 12, 2006) That after the hearing before the Committee on Legislation on December 19, 2006, the Ordinance Amendment as contained in Item No. 103, C.C.P., December 12, 2006, be and the same hereby is approved. PASSED AYES - 9 NOES - 0 NO. 69 Increase to the Living Wage (Item No. 104, C.C.P., Dec. 12, 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 received and filed ADOPTED No. 70 A. Thompson- Living Wage Ordinance Amendment (#43,12/12) That the above item be and the same hereby is received and filed. ADOPTED NO.71 448 Delaware Avenue - Encroachment (Item No. 17, C.C.P., Dec. 12, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to grant permission to Mr. Mathew Moscati, owner of 448 Delaware Avenue to install a stone wall with iron railing, which would encroach city right - of -way at said address, subject to the following conditions: 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 the City right -of -way. 3. That the applicant supply the Department of Public Works, Parks and Streets with 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 PASSED AYES — 9 NOES — 0 NO. 72 C. Van Ness -Pres. Coalition of Erie Co.- Concerns -399 Franklin St. (#45 That the above item be and the same hereby is received and filed. ADOPTED. NO.73 Trocaire College - Trailblazer Signs (Item No. 105, C.C.P., Dec. 12, 2006) That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to install trailblazing signs beneath the existing street signs on Choate Street, between Abbott Road and Mercy Street proclaiming that portion as " Trocaire Way." PASSED AYES — 9 NOES — 0 NO. 74 Used Car Dealer - 779 Genesee (Item No. 35, C.C.P., Oct. 3, 2006) (Item No. 63, C.C.P., Dec. 12, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to the Committee on Legislation ADOPTED No. 75 R. Oliver, Petition to Use 2423 Seneca Street - Tattoo Parlor (Item No. 44, C.C.P., Nov. 28, 2006) That after the public hearing before the Committee on Legislation on December 19, 2006, the petition of R. Oliver, agent, for permission to use 2423 Seneca Street for a tattoo parlor be, and hereby is approved with the following conditions: 1. The business is to be closed on all Sundays. 2. The business is to schedule no appointments after 9:00 pm. 3. The business will not allow body piercing to be performed. 4. The business will not allow anyone under 18 to be served or allowed on the premises. 5. The license is for Robert Oliver only and cannot be transferred to another party. 6. The license can be revoked within one year if conditions are not met or if the District Councilmember determines that the business is not in compliance with the conditions stated above or the guidelines of the Special Seneca Street District. PASSED AYES — 9 NOES — 0 NO. 76 R. Fontana -N. Blaschak & W. Berry- Comments - Restricted Use Permit (#43,10/17) That the above item be and the same hereby is received and filed. ADOPTED NO. 77 W. Berry- Comments -Ord. Amend.- Chapter 511 -Zng. -Use Permit Req. (#45,10/3 ) That the above item be and the same hereby is received and filed. ADOPTED. NO. 78 Amendment to Living Wage Ordinance (Law) (Item No. 29, 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 the above item be the same and is hereby received and filed ADOPTED NO. 79 Amendment to Living Wage Ordinance (Adm. & Fin.) (Item No. 41, 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 the above item be the same and is hereby received and filed ADOPTED NO. 80 CITY OF BUFFALO LIVING WAGE COMMISSION (DATED 11/8/06) (ITEM NO. 49, 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 the above item be the same and is hereby received and filed ADOPTED NO. 81 CITY OF BUFFALO LIVING WAGE COMM - PROPOSED AMENDMENT (ITEM NO. 58, 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 the same and is hereby received and filed ADOPTED NO. 82 CITY OF BUFFALO LIVING WAGE COMMISSION (DATED 11/15/06) (ITEM NO. 37, C.C.P., NOV. 28 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 the same and is hereby received and filed ADOPTED NO. 83 M. KEAMS- CONCERNS -TREE TRIMMING - CHOATE AVENUE ( #53,7/11) That the above item be and the same hereby is received and filed. ADOPTED. NO. 84 REQ. TO MAKE COB PARKS HANDICAP ACCESSIBLE (EXC. 2 RES.) ( #109 That the above item be and the same hereby is received and filed. ADOPTED. NO. 85 STRENGTHEN COB SEX OFFENDER ORDINANCE (EXC. 1 RES.) ( #121 That the above item be and the same hereby is received and filed. ADOPTED NO. 86 REQ. NOTI£ OF NEW BUSINESS LICENSE APPLICATIONS ( #158 That the above item be and the same hereby is received and filed. ADOPTED NO. 87 IDENTIFICATION OF BUSINESS ENTITIES (EXC. 1 RES) ( #120,4/18) That the above item be and the same hereby is received and filed. ADOPTED. NO. 88 IDENTIFICATION OF BUSINESS ENTITIES (EDPI) ( #26,6/27) That the above item be and the same hereby is received and filed. ADOPTED. NO. 89 REQUEST TO EXPAND COMMUNITY ACCESS ADVISORY BOARD (ITEM NO. 73, C.C.P., JULY 25, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the above item be recommitted to the Committee on Legislation ADOPTED NO. 90 P. SMITH & O -REQ. TRAFIC SIGNAL /2 ADDL. STOP SIGNS - CORNERS OF MASTEN /RILEY ST. ( #51,10/17) That the above item be and the same hereby is received and filed. ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRMAN) NO. 91 J. GOLOMBEK -BSA RES -AUTH TO APPLY FOR GRANT FUNDING SMS GRANT PROG (CCP# 40,12/12) Mr. Golombek moved that the above item be the same and is hereby received and filed. ADOPTED RESOLUTIONS NO. 92 BY: COUNCILMEMBER BRIAN DAVIS SET PUBLIC HEARING REQUEST TO ENTER INTO LEASE AGREEMENT - PORTION OF 667 MAIN STREET - JIM,LLC - REDEVELOPER WHEREAS, JM, LLC and /or other legal entity to be formed (herein referred to as the "Redeveloper ") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency; and WHEREAS, the City of Buffalo Urban Renewal Agency and the Redeveloper have negotiated a Lease Agreement for the property known as a portion of 667 Main Street; and WHEREAS, the terms of the proposed Lease Agreement have been approved by the City of Buffalo Urban Renewal Agency; and WHEREAS, said request to enter into a Lease Agreement and said terms of the proposed Lease Agreement have been forwarded by the City of Buffalo Urban Renewal Agency to this Common Council for action, pursuant to section 507, subdivision 2 of the General Municipal Law; and WHEREAS, Section 507(2) of the "General Municipal Law" requires that the terms of the Lease Agreement may be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 30th day of December 2006. 2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the 9th of January 2007. ADOPTED NO. 93 BY: COUNCILMEMBER BRIAN DAVIS SUBJECT: REQUEST TO ENTER INTO LEASE AGREEMENT - PORTION OF 667 MAIN ST. JIM, LLC - REDEVELOPER WHEREAS, the Buffalo Urban Renewal Agency has duly designated JM, LLC LLC and /or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2(d) of the "General Municipal Law" and NOW, THEREFORE, BE IT RESOLVED: 1. JM, LLC and /or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the City of Buffalo Urban Renewal Agency, was previously approved as the Redeveloper of a portion of 667 Main Street. 2. That the Mayor, the Chairman, Vice - Chairman, or any officer of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all documents necessary to effectuate the proposed "Lease Agreement" and the documents necessary to convey title to the property described in the proposed Lease Agreement between the City of Buffalo Urban Renewal Agency and JM, LLC. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 94 BY: MR. FONTANA AND ALL COUNCILMEMBERS RE: ORDINANCE AMENDMENT CHAPTER 96, BONDS AND CONTRACTS The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 96 of the Code of the City of Buffalo be amended to read as follows: § 96 -19 Living wage. D. Living wage. (1) Applicability. Covered employers shall pay no less than a living wage to their covered employees. (2) Amount of wage. The living wage shall be calculated on an hourly basis. With health benefits, the living wage rate shall be $8.08 (2003); $9.03 (2004); $9.59 (2007 . Without health benefits, the living wage rate shall be $9.08 (2003); $10.15 (2004); $10.77 (2007). The living wage rates for 2007 shall be effective sixty (60) days after the passage of this provision. (3) [Re- evaluation period] Cost of living adjustment (COLA).. section shall be revisited no later than December 31, 2003, to re- evaluate the living wage legislation. The amount of the living wage may be adjusted at that time to reflect existing economic conditions.] Beginning on January 1, 2008 and on January 1 of each year thereafter assuming inflation, the rate will be increased by an amount corresponding to the increase, if any, in the National Consumer Price Index for all urban consumers (CPI -U) as published by the U.S. Department of Labor, for the year preceding the prior year. (For instance, the increase, if any, on January 1, 2008 shall be based on the annual percent change in the CPI -U for 2006). The rates set in this chapter, along with an, /increased cost of living adjustments are not intended to interfere with any freeze on wages of City employees as imposed by the Buffalo Fiscal Stability Authority, if applicable, and to the extent that this chapter is inconsistent with applicable New York State law this provision shall not control. APPROVED AS TO FORM Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 96 BY: MR. FRANCZYK EXPLORE USING PART OF CITY'S SURPLUS FOR RESIDENTIAL DEMOLITIONS WHEREAS: The current city demolition list contains roughly 1,200 residential properties that need to be removed; and, WHEREAS: These properties are either city- owned, acquired through the In Rem tax foreclosure sale, or privately owned and either consented for demolition by the owner or ordered to be torn down by a Judge, and, WHEREAS: The current City demolition accounts have reportedly nearly dried up, and with the likelihood of a significant gap in time before the receipt of proposed New York State allocations, or additional City funds being budgeted to continue the demolition process; and, WHEREAS: The state allocated $5- million directed through the Dormitory Authority to demolish dilapidated properties in Buffalo and $3- million from the Restore New York program though the Empire State Development Corporation for the same purpose; and, WHEREAS: As of yet, the City has not received either of these State allocations and has no clear time frame for delivery of these funds; and, WHEREAS: The City purports to have an approximate $56 million surplus from the 2005 -2006 fiscal year; NOW THERFORE BE IT RESOLVED: That the City utilize a portion of its 2005 -2006 budget surplus to begin tearing down the current 1,200 properties on its demolition list; and, BE IT FURTHER RESOLVED: That the City ascertains if it can reimburse City accounts borrowed from for these demolitions, with future allocations of the above referenced State demolition monies, in order to render the City surplus whole. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE COMMISSIONER OF EDPI NO. 96 BY: MR. FRANCZYK AND MR THOMPSON RE: URGE DEMOCRATIC CONGRESS TO CURTAIL WAR FUNDING FOR IRAQ WHEREAS: Although there no longer appears to be a federal agenda to aid American cities, the Bush Administration has squandered nearly $380 - billion on the failed war in Iraq, which amortizes to a cost Of$297 million for the City of Buffalo and $33- billion for the State of New York; and, WHEREAS: 3,000 American soldiers have died, with over 22,000 wounded, in addition to hundreds of thousands of Iraqi dead, with violence in that beleaguered country only getting worse; and, WHEREAS: Despite this tremendous waste of human lives and material cost, the Bush Administration is proposing to send more American troops to Iraq, in addition to entertaining the Pentagon's request to allocate another $100 - billion for the war; NOW THERFORE BE IT RESOLVED: That the Common Council urges the area's federal delegation to vote to discontinue this wasteful funding for the Iraq War, and set a new agenda prioritizing addition funding for cities, particularly the City of Buffalo. ADOPTED NO. 97 SPONSOR: MR. KEARNS CO- SPONSORS: ADDRESSING QUALITY OF LIFE ISSUES CAUSED BY IRRESPONSIBLE TENANTS AND LANDLORDS Whereas Problem properties and problem tenants affect the quality of life for many City of Buffalo residents; and Whereas The City must explore new and innovative ways of addressing quality of life issues; and Whereas Several years ago the City of Rochester, partnered with the County of Monroe Department of Social Services and created a Pro - Active Property Management Program to address quality of life issues; and Whereas The Pro - Active Property Management Program requires landlords who have accumulated a certain number of code violations, police calls etc. to attend landlord training. The training will educate landlords on how to screen tenants, identify drug activities, the eviction process and property management; and Whereas Tenants who have a history of moving (3 times in a year), multiple claims for damage (exceeding $1,000), police calls, will receive training in basic life skills on how to be a good neighbor, parenting skills, drug awareness, house cleaning etc; and Whereas The penalty for tenants not participating in training if required is that tenants lose their public assistance benefits, the penalty for landlords not participating in the training if required is that they lose the ability to receive their rental payments directly from the Monroe County Department of Social Services; and Whereas As part of the Rochester program an inspection of a property is completed in order for a landlord to receive rental payments directly from the Department of Social Services. This inspection protects landlords and tenants as to the condition of the property; and Whereas Monroe County Social Services reimburses the City for the cost of one housing inspector. Monroe County additionally received a state grant in the amount of $125,000 for start up funding; and Whereas The Pro - Active Property Management Program appears to be a great tool to address quality of life issues. The key to changing negative behavior is training and education, which is the basis of the program; and Now Therefore Be It Resolved That the Common Council is interested in learning more about the Pro - Active Property Management Program as a tool to address quality of life issues. Be It Further Resolved That a copy of this resolution be forwarded by Council Staff to the Erie County Department of Social Services, the City of Buffalo Corporation Counsel, the Commissioner of Economic Development Permits & Inspections, the Police Department, Citizen Services, Good Neighbor Planning Alliances, Housing Opportunities Made Equal, Buffalo Municipal Housing Authority, Greater Buffalo Niagara Realtors Association and Belmont Shelter for their comments. Be It Finally Resolved That this item is referred to an appropriate Committee of the Council for further discussion and consideration. ADOPT 1 ST AND 2 "D RESOLVE THE 3 RD REFERRED TO THE COMMITTEE ON LEGISLATION NO. 98 BY: MS. RUSSELL LOCAL LAW NO. -- INTRODUCTORY NO. 20 (2006) A LOCAL LAW AMENDING THE CHARTER OF THE CITY OF BUFFALO IN RELATION TO THE DEPARTMENT OF ADMINISTRATION FINANCE, POLICY 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, policy 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. § 10 -5. Divisions. There shall be in the department the following divisions: (a) Division of Administration and Finance [Urban Affairs] (b) Division of Parking Enforcement (c) Division of Treasury and Collections (d) Division of Purchasing (e) Division of Urban Affairs. Division of Administration and Finance § 10 -6. Director of Administration and Finance [Urban Affairs; Qualifications. The head of the division of administration and finance shall be the director of administration and finance. He or she shall also be a deputy of the commissioner with power to act generally for and in place of the commissioner. He or she shall be a graduate of an accredited college or university and shall have at least three years of supervisory experience in fiscal operations, municipal government administration and /or management research or an equivalent combination of training and experience sufficient to indicate ability to perform the work. [The head of the division of urban affairs shall be the director of urban affairs. The director shall be appointed by the commissioner and shall be removable at his or her pleasure. The director shall have at least five years of responsible experience in public administration, intergovemmental and i ntra-gove m mental policy and operation and with at least three years of supervisory experience or an equivalent combination of training and experience sufficient to indicate the ability to perform the duties of the position.] § 10 -7. Appointment; Removal. The director shall be appointed by the commissioner and shall be removable at the will of the commissioner. § 10 -8. Duties and Powers. The director shall assist the mayor in the formulation of the budget and in assembling, correlating and revising the estimates and requests for appropriations of the departments, boards and agencies of the city, and shall assist the commissioner 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 this division. 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 director shall have the power to formulate and conduct special studies on departmental operations, functions or methodology and make recommendations to the commissioner and to the mayor for increasing efficiency at all levels. [The director of urban affairs shall have immediate charge of the division of urban affairs, and shall be responsible for the following: (a) Initiate, develop, prepare, coordinate and /or assist others in the development and preparation of applications to solicit public or private grants, with the objectives of obtaining additional resources for more efficient and economical provisions of governmental services. The director shall also be responsible for researching grant opportunities from both public and private venues, and provide periodic reports on the status of all grants by department and division. (b) Review in conjunction with the commissioner of administration and finance, and representatives of the mayor's office, the operation of city departments and other agencies for the purpose of identifying services that may be improved after careful analysis of existing procedures. The director shall be responsible for reporting monthly or in an otherwise appropriate time period the results of the departmental review and suggestions for potential improvement. (c) Conduct research to identify areas of city services that may be improved by incorporating best practices, programs or projects from other municipalities or governments, and provide for the distribution of information resulting from such research. (d) Exercise such other powers and perform such other duties as may be conferred upon the director of urban affairs by the mayor or the commissioner of administration and finance for research on special projects with the objective of improving administration of city services or practices. (e) Prepare an annual report or at an otherwise determined time period, identifying opportunities, and reviewing progress in realizing current and previously identified opportunities.] Division of Parking Enforcement § 10 -9. Director of Parking Enforcement; Qualifications. The head of the division of parking enforcement shall be the director of parking enforcement, who shall be a deputy commissioner of administration and finance, and shall also be the director of the parking violations bureau. He or she shall be a graduate of an accredited college or university with a bachelor's degree and six years, experience in the organization or management of a business enterprise or a governmental agency, two years of which must have been in a responsible supervisory capacity; or possess a master's degree from an accredited college or university and four years experience in the organization or management of a business enterprise or governmental agency, two years of which must have been in a responsible supervisory capacity; or be a graduate of an accredited law school and three years experience in the organization or management of a business enterprise or a governmental agency, two years of which must have been in a responsible supervisory capacity; or possess an equivalent combination of training and experience sufficient to indicate ability to perform the work. § 10 -10. Appointment; Removal. The director shall be appointed by the commissioner and shall be removable at the will of the commissioner. § 10 -11. Duties and Powers. The director of the division of parking enforcement, under the supervision of the commissioner of administration and finance, shall: (a) Supervise, manage and be responsible for the affairs of the division of parking enforcement, which division shall include the following functions: (i) Parking meter operation, which includes installation, maintenance and removal of parking meters, as well as summons issuance; (ii) Fleet operations, including fleet maintenance, towing and storage of impounded vehicles, and auction of unclaimed vehicles; and (iii) Parking violations bureau operations, including: (i) the administrative adjudication of charges related to parking violations and fine /penalty collection, for purposes of establishing and maintaining a comprehensive parking enforcement program; (ii) the administrative adjudication of charges relating to violations of article seven of the agriculture and markets law and of any local law or ordinance relating to the licensing, identification and control of dogs; and (iii) the administrative adjudication of charges relating to violations of certain ordinances relating to streets, sidewalks and sanitation. (b) Direct, coordinate and administer the fiscal management of the division, including financial planning, budget control, financial reports, contract administration, and the remittance of all penalties, fees, or revenues received by the director of the treasury as provided by local ordinance and state law; (c) Be responsible for the development and operation of computerized management information systems to compile, maintain and retrieve complete and accurate records relating to: (i) Towing and storage of impounded vehicles; and (ii) All charges and dispositions of parking violations; (d Establish and maintain operating policies, standards and procedures for the division and its personnel, including orientation and training programs; (e) Develop and implement parking enforcement programs not inconsistent with the provisions of local ordinances or state laws, including the administration of special towing activities and procedures to identify and process scofflaws; (f) Act as a liaison between the department of administration and finance and other city departments and agencies having a direct or indirect interest in the affairs of the division; (g) Identify on- street parking problems in the city and develop relevant policy responses for the mayor, common council and commissioners of administration and finance and of public works, parks and streets; (h) Cooperate with the board of parking in addressing and developing a comprehensive strategy for on- street and off - street parking throughout the city; and (i) Exercise such other powers and perform such other duties as may be conferred or imposed by the commissioner, or by any provision of this act or by local ordinance or state law. § 10 -12. Payment of Parking Fines by Credit Card. The city of Buffalo is authorized to enter into agreements, with one or more financing agencies to provide for the acceptance of credit cards (as such term is defined in Section 5 (a)(1) of the general municipal law) as a means of payments of fines. Any such agreement shall govern the terms and conditions upon which a credit proffered as a means of payment of a fine shall be accepted or declined and the manner in and conditions upon which the financing agency shall pay to the city the amount of fines paid by means of credit card pursuant to such agreement. Any such agreement may provide for the payment by the city to such financing agency of fees for the services provided by such financing agency pursuant to such agreement, which fees may consist of a discount deducted from or payable in respect of the amount of each such fine or otherwise as the agreement may provide. Division of the Treasury and Collections § 10 -13. Director of the Treasury and Collections. The head of the division of the treasury and collections shall be the director of the treasury and collections. He or she shall be a deputy of the commissioner with power to act generally for and in place of the commissioner. § 10 -14. Appointment; Removal; Qualifications. The director shall be appointed by the commissioner and shall be removable at his or her pleasure. The director shall be a graduate of an accredited college or university and shall have at least three years' experience in banking administration or accounting management, including the oversight of cash or cash equivalent transactions. §10 -15. Duties and Powers. The director of the treasury and collections shall have immediate charge of the division of the treasury and collections, the custody of moneys therein and the receipts, deposits and disbursements of city moneys. He or she shall receive on behalf of the commissioner of administration and finance all current and past -due accounts, revenues, water rents and fees, license fees, fines, state moneys presently due and owing to the city and all taxes and assessments, whether presently due or past due, and shall deposit the same daily to the credit of the city in the depositories designated by the comptroller. Provided, however, that the proceeds of the sale of any capital assets, the purchase or improvement of which has been financed by the issuance of bonds having a maximum maturity of not less than five years and to the extent that such obligations, together with interest, are outstanding and unpaid, shall he deposited to the credit of a reserve find which is hereby established for the payment of one or of several issues of bonds and the comptroller shall disburse said find for the payment of such bonds and accrued interest thereon, from time to time, as principal payments and interest thereon become due. The director shall disburse city moneys but only upon warrants or checks prepared and signed by the commissioner or his or her designee as provided in this act. He or she shall keep full, accurate and separate accounts of the various funds and moneys in his custody and shall render to the comptroller at the end of each day's business a detailed statement of all moneys received and paid out by him or her. He or she shall have such other powers and duties as are conferred by this article or by ordinance or general law. A report shall be promptly made to the director by each officer, department, board and commission or other city agency of all moneys due to the city and of all unliquidated claims as soon as such claims shall become due and owing, together with all particulars in reference to such unliquidated claims. The director under the supervision of the commissioner shall be charged with the supervision and management of the collection of all moneys and accounts, due and owing to the city which have been billed by a department, agency, division or board of the city and which have not been paid to the city on a timely basis in accordance with the terms of such bill. The director shall immediately proceed with the collection of all such claims reported to him or her. The director shall be entitled to the assistance of the relevant billing department, agency, division or hoard in enforcing collection of the money or account. He or she shall be entitled to the services of the department of law to institute the necessary court proceedings to aid in such collections. The director shall make recommendation to departments, agencies, divisions and boards of the city regarding billing practices and shall recommend to the council a schedule of fees, charges and penalties in connection with billing, collection and enforcement practices and procedures. He or she shall account for the moneys so collected. § 10 -16. Charges Against County of Erie. The actual and necessary expenses incurred by a member of the police force, when directed by the mayor, commissioner of police or district attorney of Erie county (a) in serving or executing any process, except for or on account of an offense which a court of special sessions has jurisdiction to hear and determine or (b) in endeavoring to detect or arrest or procure the extradition of any perpetrator of crime against the laws of the state, including the expense of legal counsel without the state, or in furnishing food at station houses to prisoners there detained for offenses which a court of special sessions has not jurisdiction to try, shall be a charge against the county of Erie. Such charges may be paid in the first instance as other city charges out of an appropriation for such purpose in the budget. The director shall render an account on behalf of the city of such expenses made out in detail and verified by the oath of the person or persons who incurred such expenses to the effect that the sums charged therein have been actually and necessarily paid for the purposes set forth in the last preceding section, to Erie county to be audited and paid as are other county expenses. The county of Erie is empowered and required from time to time to levy and raise by taxation all money required to pay such charges, and it shall be the duty of said county to pay over to the director the moneys so raised. § 10 -17. Reports of the Director of the Treasury. The director shall furnish the council, from time to time at its request, with a detailed statement of the exact condition of all funds and moneys in his or her custody and of all the fiscal affairs of the city pertaining to his or her office. § 10 -18 through 10 -24. (Reserved)EN § 10 -25. Division and Director of Purchase; Qualifications. There is hereby established a division of purchase within the department of administration and finance. The head of the division of purchase shall be the director of purchase, who shall also be a deputy commissioner of finance and administration and shall act for and generally in place of the commissioner. The director shall be a graduate from an accredited college or university with a bachelor's or master's degree in business administration, accounting or finance and shall have at least five years of responsible experience in procurement and buying procedures and with at least three years of supervisory experience or an equivalent combination of training and experience sufficient to indicate ability to perform the work. § 10 -26. Appointment and Removal. The director shall be appointed by the commissioner and shall be removable at the will of the commissioner. § 10 -27. Duties and Powers of the Director. (a) Rules and lists of standard articles. The director of purchase shall establish from time to time, with the approval of the commissioner of administration and finance, roles consistent with the policies established by the procurement policy board prescribing the conditions and manner under which materials, supplies and equipment shall be purchased by or furnished to the various agencies of the city government. Before such rules and lists are established, the director shall advise, consult and cooperate with the head of each agency of the city which may be affected thereby and request their recommendations. In the event of any disagreement between the director and the head of any agency of the city with respect to such rules or lists, the written direction of the commissioner of administration and finance shall prevail. (b) Standards and specifications. The director of purchase shall, after consultation with the heads of the various city agencies which may be affected, establish from time to time standards and standard specifications for all materials, supplies and equipment so listed as capable of standardization, which must be submitted to and approved by the heads of the various city agencies, and in the event of a disagreement between the director and any such head in respect thereto, the written direction of the commissioner of administration and finance shall prevail. (c) Purchases. The director of purchase shall directly contract for and purchase all materials, supplies and equipment required by any agency of the city, and, where requested by any other city governmental unit, for such city governmental unit, and except in such cases as the director by written role or order stating the reasons therefore and prescribing conditions for such purchase, authorize the purchase directly by the agency requiring the materials, supplies or equipment. The director of purchase shall establish all terms and conditions of purchase including, without limitation, whether or not to seek bid, performance or maintenance bonds in connection with any project in a manner consistent with policies established by the procurement policy board. The power herein given shall not be construed to include contracts for any work or improvement where materials, supplies or equipment are furnished by the contractor pursuant to the requirements of his contract. (d) Requisitions. All requisitions for materials, supplies and equipment, whether to be purchased by the director of purchase or directly by the agency, upon concurrence of the director of purchase as provided in subsection (c) above, shall be in the form prescribed by the director, shall bear the written approval of the head of the appropriate city agency, shall be filed with him or her, and shall be subject to his or her approval, and if the agency filing such requisition desires that the purchase be made directly by such agency, the requisition shall specify fully the reasons for such request. No requisition shall be honored unless there is to the credit of the agency an available appropriation balance sufficient to pay therefore, the existence of which balance shall be certified by the director of the budget and by the comptroller after a preaudit of such requisition. (e) Charging appropriations. Such purchases shall be charged against and paid from the funds appropriated in the budget for such purpose to the city agency making the requisition, except that if the purchases have been made in advance of the requisition from the city agency, they shall be charged against and paid from the revolving fund of the office of inventories and stores. (f) City -wide services. The director of purchase shall have the power to contract for services to be furnished to the city on an agency -wide basis. (g) Sale of surplus materials. The director of purchase shall be responsible for the sale of all surplus materials, supplies and equipment reported by any city agency, the sale or disposal of such surplus items to be conducted in accordance with applicable provisions of the city ordinances and general law. (h) Testing. The director of purchase shall be responsible for developing procedures for the testing of any products, materials and equipment purchased or to be purchased by the city. (i) Competition. All contracts for the purchase of materials, supplies and equipment, whether made by the director of purchase or directly by the city agency, upon concurrence of the director as provided in subsection (c) above, shall, except as provided in the next section, be awarded to the lowest responsible bidder following competitive sealed bidding. The director of purchase shall, not later than the third business day following the making of the award, mail written notice to all bidders of such award and a copy of the bid upon which the award was made. Q) Small Purchases. Any contract not exceeding $10,000 may be made in accordance with the small purchase procedures authorized herein. Contract requirements shall not be artificially divided so as to constitute a small purchase. Insofar as it is practical for small purchases in excess of $500, no less than three responsible businesses shall be solicited to submit written quotations. Award shall be made to the business offering the lowest acceptable quotation. The names of the businesses submitting quotations, and the date and amount of each quotation, shall be recorded and maintained as a public record. The director of purchase shall adopt operational procedures for making small purchases of $500 or less. Such operational procedures shall provide for obtaining adequate and reasonable competition for the supply, service, or material being purchased. Further, such operational procedures shall require the preparation and maintenance of written records adequate to document the competition obtained, properly account for the funds expended, and facilitate an audit of the small purchase made. (k) Review of award. The mayor, the comptroller, and the president of the council shall constitute a board of review of all contracts awarded pursuant to the last preceding subdivision. Within ten days after such award is made, any person conceiving himself aggrieved may appeal from said award to said board of review upon objections stated in writing filed with the director of purchase, and said board of review shall immediately proceed to a review of said award and may, in its discretion, grant a hearing and shall have power and authority to affirm said award or reverse the same and reject all bids and require that new bids be advertised for. Any contract awarded on such new bids shall be subject to like review. In the event of a timely protest hereunder, the director of purchase shall not proceed further with the solicitation or award of the contract until all administrative remedies have been exhausted or until the board of review makes a determination on the record that the award of a contract without delay is necessary to protect substantial interests of the city. (1) Contracts. If no such appeal is filed within the time stated in the last subdivision, or if the award is affirmed, the director of purchase shall enter into the contract of purchase. The original contract of purchase shall be filed in the division of purchase and a copy thereof immediately filed with the department of audit and control. (m) Delivery. All materials, supplies and equipment purchased shall be delivered at the place or places specified in the contract of purchase, and the director of purchase shall have the right to inspect the same at the time of delivery and to make a final determination as to the specifications, quality and quantity. The head of the city agency or an employee of said agency designated in writing to the director of purchase shall certify in writing to said director the receipt of the goods. (n) Non - compliance. Any purchase order or other contract for the purchase of materials, supplies and equipment which is entered into by any city agency other than in strict compliance with the provisions of this article shall not be enforceable against the city. § 10 -28. City Agency /City Governmental Unit. The words "city agency," as used in this article, shall include every officer, department, board and commission of the city. § 10 -29. Revolving Fund Purchases. The annual budget shall provide a revolving fund for use by the director of purchase when market conditions are favorable for the requisition of materials, supplies and equipment used in large quantities by the several agencies of the city, in anticipation of their needs. Any purchasing through this revolving fund, however, shall be shall be subject to all applicable provisions of the city ordinances and general laws and to the established procedures of the division of purchase. If purchases are made in advance of requisitions from the city agencies pursuant to this section, they shall be charged against and paid from the revolving fund of the office of inventories and stores and any requisition of any city agency thereafter filled from the stock so purchased shall be charged to the appropriate fund of such city agency, and a like credit given to the revolving fund of the office of inventories and stores in an amount determined by the director of purchase as the cost of the materials, supplies and equipment so furnished. § 10 -30. Procurement Policy Board. There shall be a procurement policy board consisting of up to seven members, three of whom shall be appointed by the mayor with the consent of the council, two of whom may be appointed by the board of education, and one of whom may be appointed by each of the Buffalo municipal housing authority and the Buffalo sewer authority. Each member shall serve at the pleasure of the appointing official or body, without compensation. Members shall have demonstrated sufficient business or professional experience to discharge the functions of the board. No member shall hold any public office or public employment. The mayor shall designate the chair. The board shall create policies for procurement of goods and services for the city, including (i) policies designed to encourage cooperative purchasing by the city, the Buffalo city school district, the Buffalo municipal housing authority and the Buffalo sewer authority through the director of purchase, (2) policies with respect to the methods for soliciting bids or proposals and awarding contracts, (3) standards and procedures to be used in determining whether vendors are responsible, and (4) policies governing the manner in which agencies shall administer contracts and oversee the performance of contracts and contractors. The board shall make such recommendations as it deems necessary and proper to the mayor and the council regarding the organization's personnel structure and management of the procurement function including, where appropriate, recommendations for revision of this charter or local laws affecting procurement by the city. The board shall also review the form and content of standardized city contract documents and shall submit to the law department recommendations for standardization and simplification of contract language. The board shall not exercise authority with respect to award or administration of any particular contract or with respect to any dispute, claim or litigation pertaining thereto. § 10 -31. Deputy Director of Purchase for Inventories and Stores; Qualifications. The head of the office of inventories, garages and stores shall be the deputy director of purchase for inventories and stores, who shall report to the director of purchase. The deputy director shall have at least three years of responsible experience in inventory controls, or an equivalent combination of education and experience sufficient to indicate ability to perform his or her duties. § 10 -32. Duties and Powers of the Deputy Director. The deputy director of inventories and stores shall be charged with and exercise all the following duties and powers: (a) Operate and control all printing and duplicating services within the city government. (b) Maintain and control inventories to be drawn upon by city agencies of their needs, including any necessary warehousing and storage. (c) Have direct supervision over a revolving fund used for the purchase of inventories. (d) Be responsible for normal billing procedures to the city agencies using supplies and equipment from such inventories. (e) Develop and administer messenger and mail service within and between city -owned buildings and facilities. § 10 -33. Warehouses. Warehouses may be established and maintained for the storage of materials, supplies and equipment purchased pending its use, which warehouses shall be under the control and management of the deputy director of inventories and stores. § 10 -34. Authority to Debar or Suspend. After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the director of purchase, after consulting with the corporation counsel, is authorized to debar a person for cause from consideration for award of contracts. The debarment shall be for a period of not more than three years. After consultation with the corporation counsel, the director of purchase is authorized to suspend a person from consideration for award of contracts if there is probable cause to believe that the person has engaged in any activity which might lead to debarment. The suspension shall be for a period not to exceed three months. The causes for debarment include: (a) Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract; (b) conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty which currently, seriously and directly affects responsibility as a contractor; (c) conviction under state or federal antitrust statutes arising out of the submission of bids or proposals; (d) violation of contract provisions, as set forth below, of a character which is regarded by the director of purchase to be so serious as to justify debarment action: (i) Deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or (ii) a recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts; provided that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered to be a basis for debarment; (e) any other cause the director of purchase determines to be so serious and compelling as to affect responsibility as a city contractor, including debarment by another governmental entity for any cause listed in this charter; and (f) for violation of the ethical standards set forth in the code of ethics or knowing participation in a transaction which violates the code of ethics. § 10 -35. Decision to Debar or Suspend. The director of purchase shall issue a written decision to debar or suspend. The decision shall state the reasons for the action taken and inform the debarred or suspended person involved of its rights concerning judicial or administrative review. § 10 -36. Notice of Decision. A copy of the decision required by section 10 -35 (Decision to Debar or Suspend) shall be mailed or otherwise furnished immediately to the debarred or suspended person. § 10 -37. Finality of Decision. A decision under section 10 -35 (Decision to Debar or Suspend) shall be final and conclusive, unless the debarred or suspended person within 10 days after receipt of the decision takes an appeal to the board of review established pursuant to section i 0 -27(k) above. § 10 -38. Political Solicitation. No employee of the division of purchase shall solicit, receive or participate in the arrangement of any political contribution by any person who has sold within the past twelve months or proposes to sell goods or services to the city or any of its agencies. Division of Urban Affairs 10 -39. Director of Urban Affairs; Qualifications The head of the division of urban affairs shall be the director of urban affairs. The director shall be appointed by the commissioner and shall be removable at his or her pleasure. The director shall have at least five years of responsible experience in public administration, intergovern mental and intra - governmental policy and operation and with at least three years of supervisory experience or an equivalent combination of training and experience sufficient to indicate the ability to perform the duties of the position. § 10 -40. Appointment and removal. The director shall be appointed by the commissioner and shall be removable at the will of the commissioner. 10 -41. Duties and Powers. The director of urban affairs shall have immediate charge of the division of urban affairs, and shall be responsible for the following: (a) Initiate, develop, prepare, coordinate and /or assist others in the development and preparation of applications to solicit public or private grants, with the objectives of obtaining additional resources for more efficient and economical provisions of governmental services. The director shall also be responsible for researching grant opportunities from both public and private venues, and provide periodic reports on the status ofai1 grants by department and division. (b) Review in conjunction with the commissioner of administration and finance, and representatives of the mayor's office, the operation of city departments and other agencies for MAYOR the purpose of identifying services that may be improved after careful analysis of existing procedures. The director shall be responsible for reporting monthly or in an otherwise appropriate time period the results of the departmental review and suggestions for potential improvement. (c) Conduct research to identify areas of city services that may be improved by incorporating best practices, programs or projects from other municipalities or governments, and provide for the distribution of information resulting from such research. (d) Exercise such other powers and perform such other duties as may be conferred upon the director of urban affairs by the mayor or the commissioner of administration and finance for research on special projects with the objective of improving administration of city services or practices. (e) Prepare an annual report or at an otherwise determined time period, identifying opportunities, and reviewing progress in realizing current and previously identified opportunities. 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 Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. PASSED AYES - 9 NOES -0 No. 100 By: Mr. Thompson, Mr. Davis Re: Improving Diversity in New York State Government Whereas: 2006 represents a transition year in the state government of New York with open seats for governor and attorney general; and Whereas: 2006 represents an opportunity to assess the direction of government of New York State; and Whereas: It is recognized that most importantly the work of government can be no better than the quality of its workforce; and Whereas: Accordingly, that workforce should reflect the diversity of the population of New York State; and Whereas: It is appalling to learn of the disproportionate loss of African - American and Hispanic employees from the total workforce of New York State while taking note of the miniscule participation of Asians, Native Americans, and other members of the diverse population groups in New York State; and Whereas: The loss of nine thousand (9,000) African - Americans and one thousand (1,000) Hispanics is an unacceptable public policy result of the reduction in the New York State workforce; and Whereas: It is recognized that a new executive administration has a unique opportunity to take a fresh look and prioritize administrative governance that will result in a statistically significant diversification of the New York State government workforce; and Whereas: It is recognized that the effective use of trained Affirmative Action officers and units are when they are able to give direct advice and counsel to the presiding officer without mediation of that advice and counsel by subordinate officials; and Now, Therefore Be It Resolved That: In recognition of their efforts, we, the Buffalo Common Council, commend the work of Assemblyman Peter M. Rivers and the New York State Assembly /Senate Puerto Riean /Hispanic Task Force in bringing the heretofore discussed issue to the attention of the general public with public hearings and the groundbreaking report, Hispanics and African - Americans Need Not Apply: The Alarming Under - representation of Minorities in the New York State Government Workforce; and Now, Therefore Be It Finally Resolved That: That we, the Buffalo Common Council, would encourage the Black, Puerto Rican, Hispanic and Asian Legislative Caucus of the New York State Legislature to take a more active role in the improvement of diversity in the New York State government workplace which has had a negative impact on their constituencies in realizing opportunities in the New York State public sector workforce. ADOPTED RESOLUTION NO. 101 By Mr. Thompson, Mr. Davis RE: Mandatory Penalties for Crimes Committed Against Senior Citizens and Disabled Persons Whereas: As baby- boomers age, the senior citizen population in our communities is growing at record rates; and Whereas: Senior citizens and the disabled are the most vulnerable members of society and special punishments should exist when they are victimized; and Whereas: In recent years, and occurring more frequently, senior citizens have been targeted by individuals that see seniors as defenseless and easy prey; and Whereas: When apprehended and charged, the accused is often a teenager or young adult who may opt to plea to a lesser crime for a shorter or suspended sentence and the records are sealed due to their age; and Whereas: Due to the vulnerability of these populations, this Common Council feels that a plea bargain should not be allowed when a criminal act is committed against an elderly or disabled person; and Whereas: In addition, maximum sentencing should be implemented for crimes against the elderly and disabled even if that means detainment continues in an adult facility after the youth- offender reaches the age of majority; Now, Therefore, Be It Resolved That: The Common Council does hereby request that certified copies of this resolution be forwarded to the Erie County District Attorney with this Common Council's urging that the Offices adopt a "No Plea" and "Maximum Sentencing" policy toward crimes against the elderly and disabled populations. ADOPTED No. 102 By: Mr. Thompson, Mr. Davis, Mr. Fontana Resume City of Buffalo Adjudication of Traffic Violations Whereas: Motor vehicle traffic violations in New York State have been handled by local jurisdictions since the early 1900's. In 1970, the State set up an Administrative Adjudication of Traffic Violations program under the New York State Department of Motor Vehicles and the State Unified Court System to handle traffic violations. In 1973, the City of Buffalo opted into this program. Currently, New York State holds all hearings in the City of Buffalo without the option of a plea bargain system; and Whereas: If the City of Buffalo adjudicates traffic infractions, they will implement a system that would allow traffic violators to have an option of a plea bargain, which could lead to traffic school, the same system that is used in the surrounding suburbs; and Whereas: This system would offer benefits to Buffalo residents currently enjoyed by suburban residents. The violator would be allowed to attend traffic school, thus hopefully becoming a safer driver and would also not be charged any points on his /her drivers license, which raise insurance rates for the driver; and Whereas: The City of Buffalo currently pays the Department of Motor Vehicles and the State Unified Court System administrative costs for a function that could be done "in- house" by city employees; and Whereas: State Legislation has previously been introduced in the past, but not successfully passed; and Whereas: Allowing the City of Buffalo to adjudicate traffic violations that occur within the City could bring in revenues in excess of $500,000 per year. The Town of Cheektowaga collects almost $1 million dollars per year in fines and surcharges adjudicating their own traffic violations; and Whereas: City of Buffalo residents already pay higher auto insurance rates and the current system only causes these rates to increase without any of the options that are offered in the surrounding suburban communities; Now, Therefore be it Resolved: That the Common Council of the City of Buffalo supports the passage of Legislation that would allow the City to adjudicate its own traffic violations; and Now, Therefore be it Resolved: That the Common Council of the City of Buffalo requests the Corporation Counsel to outline the steps necessary to end the 1973 decision to have the New York State Unified Court System handle motor vehicle traffic offenses that occur within the City of Buffalo and allow the City to adjudicate its own traffic violations; and Be it Further Resolved: That the City Clerk be directed to forward certified copies of this resolution to Governor George Pataki, to the New York State Department of Motor Vehicles, to Assembly Speaker Sheldon Silver, to the Clerk of the Assembly, to Assembly Majority Leader Paul Tokasz, to the Secretary of the Senate, to Senate Majority Leader Joseph Bruno, and to members of the Western New York Legislative delegation. Be it Finally Resolved: That if necessary, this item be referred to an appropriate Committee of the Council for further consideration ADOPTED 1 st and 3 rd resolve, remainder referred to the special committee on budget No. 103 By: Mr. Thompson & Mr. Davis Subject: Support for an Additional Housing Court Judge for the City of Buffalo Whereas: The issues addressed in Housing Court are critical to the future revitalization of Buffalo; and Whereas: A Housing Court Judge makes daily decisions that have a major impact on the day to day quality of life in our neighborhoods. Whereas: It is a monumental struggle to keep up with the backlog of housing cases while processing new ones for Court appearances. Now Therefore Be It Resolved: That the Buffalo Common Council supports an additional City Court Housing Judge in an effort to be proactive and innovative while addressing the scores of housing issues and cases affecting the City of Buffalo; and Be It Further Resolved: That a certified copy of this resolution be forwarded by the City Clerk, to the Chief Justice of City Court, Thomas P. Amodeo, Governor George Pataki, and the New York State Delegation. Be It Finally Resolved: That if necessary, this item be referred to an appropriate Committee of the Council for further consideration ADOPTED No. 104 By: Messrs. Thompson & Davis Requesting the Department of Law Add the Goals of the City of Buffalo Section 3 Program to the Charter and Code of the City Buffalo Whereas: It is the general policy of the City of Buffalo to organize and administer its operations and affairs to provide the maximum possible benefit to all residents of the City, with equal opportunity to participate to all citizens including minority group members, women, minority and women owned businesses. The workforce and recipients of the benefits of business opportunities generated by the City will reflect the diversity of the City to the greatest extent possible, a factor to be considered in awarding of all incentives and contracts, and Whereas: To further the goals set forth above, in May 1997 the Mayor of the City of Buffalo signed a Section 3 policy for the City of Buffalo that stated that the necessary efforts would continue to be extended to ensure that the obligations and objectives of section 3 of the Housing and Urban Development Act of 1968, as amended would be met by the City of Buffalo; and Whereas: It is the desire of the Buffalo Common Council to formally adopt the attached City of Buffalo's Section Program at this time; and Whereas: The City of Buffalo's Section 3 Program establishes the standards and procedures the City will follow to ensure that its obligations and objectives of Section 3 of the Housing and Urban Development Act of 1968, as amended, are met. Therefore it is the goal of this Common Council that all departments in City government, including BERC and BURA Agencies would also utilitize and adhere to the Section 3 Program; Now, Therefore, Be It Resolved That: The Buffalo Common Council requests that the Law Department research and Draft if legal the necessary ordinance amendment that would include the Section 3 Program. The Law Department is to file a written response with the Common Council within thirty days (30) of the adoption of this resolution; and Be It Further Resolved That: The Common Council requests that the Buffalo Urban Renewal Agency (BURA) and Buffalo Economic Renaissance Corporation (BERC) also consider adopting the City's Section 3 Program as part of their Agency's policy; and Be It Further Resolved That: the City Clerk is to forward certified copies of this resolution to the City's Law Department, the Buffalo Urban Renewal Agency (BURA), and Buffalo Economic Renaissance Corporation (BERC) and the Western New York delegation to the State Legislation for a response., and Be It Finally Resolved That: This resolution be referred to the appropriate committee for discussion, REFERRED TO THE COMMITTEE ON LEGISLATION No. 106 By Mr. Thompson Felicitations In Memoriam Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Councilmember Thompson By All Councilmember and City Clerk Chwalinski ADOPTED NO. 106 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: Margaret Murphy Maria Pietras Leslie Sickau Tracy Caldarella Lynette Gospodarski Clara Sciandra Kathleen Grabiec Linda Deguire James Jackson Sr Albert Steele Sherry Smith Grace Campanella Frank Marks Alfred Melchiorre Lisa Gangloff Renee Rechan Irene Morris TOTAL 17 ADOPTED BY: ANTOINE M. THOMPSON Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31, 2008, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo Nancy Schmelzer James Brem Susan Hughes Patrick Lewis Brian Martinez Edwin Ortiz Joseph Tomizzi Michael Merriweather Sr Gary Ziolkowski Paul Wie Ronald Sokolowski Larry Schiavone Sandra Roessler Steven Pieri Katherine Orlando Charles Moore Lawrence Michalski Timothy McCarthy Kevin Luthringer Dwain Laws David Krug Timothy Keenan Brian Hayden David Granville James Gallagher Robert Felschow Jr Judy Doyle Frank DiGennero Kevin Coyne James Cart Robert Barrali Anthony Ando Barbara Reif Michelle Thompson Randall Burgio Michael Garrity Richard Waite Susan Anderson Cheryl Kane Michael Lombardo Ronald Morganti Jill Parisi Garnell Whitfield Jr Tyrone LaMar Hargrove David Zofuto Betty Tryjankowski Nancy Smardz JosephSchiavone John Plevniak Louis Petrucci Richard Ogorek Jr Pamela Mix -Rush Holly McNamara William Mara Patrick Lonergan Joseph Latona Arthur Kostrzewa Robert Katilus Donald Grzebielucha Kevin Gould Kevin Fitzgerald Gary Fazio Charles DiSalvo Ronald Deschenes Ronald Collins Thomas Brodfuehrer Richard Balesteri Elizabeth Martina Linda Rautenstrauch William Barto Joseph Catanzaro Christine Herring Christopher Savage George Arthur Jr Sandra Kam Joseph Marchitte James O'neil Garnell Smith Pamela Zawistowski Mary Zizzo David Wischnewski Michael Sullivan Michael Schieber Marilyn Ruggiero David Pierowicz Stefania Ovak Michael Muscarella Paul Mielearek Raymond McGurn William Manuszewski Joseph Licata Tracy Krug Peter Klemann Brian Higgins David Grundy David Gilmur Vince Ferraraccio Anthony Fanti Frank DiJames Timothy Curtin Paul Clift Mark Blake Jason Bailey Shelley Laudico Tami Burns- DiCioccio Diane Wicher Chris Chiodo John Herritage IV Fred Jones III Richard Lewis David Wayne Theresa Farrell Pamela Grzebielucha Francisco Guzman Christine Kasianowicz Jay Duderwick Thomas Smith Nicole Drye Dana Bobinchek Kathleen Fulle Ann Burka Shirley EI -Amin Diana Foster Kenneth Kerr Jodi Lombardo Mia Moore Ndidi Nwabugwu Greg Rodemeyer Paula Sebastian David Williams Marry Jones Joseph Riga Gayle Syposs Maria Scinta Marianne DeMarco Sandra Miller Pamela Walker - Jarmon Rise - Geller - Alongi Otis Barker Jessica Maglietto Barbara Kloberdanz Sharon Bardo Audrey Cannizzaro Peggy Feldmann Elaine Garbe Peter Lane Stephanie Masiello Arinna Neal Millard PerryDenise Sanchez Lawrence Laswrernce Sherlick Gaynell Williams Philip Karaszewski Christine Southerland Thomas Marchese Phillis White Evelyn Rodriguez John Lynch Lawrence Tyler Robert Kreutinger Melanie Greg Steven Casey Peter Cutler Maureen Brinkworth Rhonda Cannon Sharon Fortunato Melinda Hill Doreen Leidolph Catherine McNaughton Sharon Nelson Suzanne Piccolo Arlene Sciandra Nancy Uzdygan Chet Wrobel TOTAL175 ADOPTED UNFINISHED BUSINESS FROM THE TABLE NO. 108 Local Law Intro.# 18 (2006)- Vacancies in the Common Council ( #9812/12) Mr. Bonifacio now moved that the above item be taken from the table. Seconded by Mr Fontana CARRIED. Mr. Bonifacio now moved approval of said item. Seconded by Mr Fontana PASSED. AYES -9. NOES -0. No. 109 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, Jan. 2, 2007 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, Jan. 2, 2007 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, Jan. 2, 2007 at 1:00 o'clock P.M. Committee on Legislation Tuesday, Jan 2, 2007 at 2:00 o'clock P.M. Special Committees (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware: therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. No. 110 Adjournment On a motion by Mr. Bonifacio Seconded by Mr Thompson the Council adjourned at 3:15 P.M.