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Home My WebLink About07-0220COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO FEBRUARY 20, 2007 PENSION PROCEEDINGS FEBRUARY 15, 2007 MAYOR Hon. Byron W. Brown COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL FILLMORE DISTRICT David A. Franczyk PRESIDENT PRO TEMPORE UNIVERSITY DISTRICT Bonnie E. Russell MAJORITY LEADER NIAGARA DISTRICT DOMINIC J. BONIFACIO JR DISTRICT COUNCIL MEMBERS BRIAN C. DAVIS - ELLICOTT RICHARD A. FONTANA - LOVEJOY DEMONE A. SMITH - MASTEN MICHAEL J. LO CURTO - DELAWARE JOSEPH GOLOMBEKJR. - NORTH MICHAEL P. KEARNS - SOUTH REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Brian C. Davis, Richard A. Fontana, Michael J. LoCurto - Members CLAIMS COMMITTEE: Michael Kearns Chairman, Dominic J. Bonifacio Jr., Richard A. Fontana, Joseph Golombek, Jr.,- Members COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr. Chairman, Richard A. Fontana, Michael J. LoCurto, Bonnie E. Russell, Demone Smith - Members FINANCE COMMITTEE: Brian C. Davis, Chairman, Dominic J. Bonifacio, Jr., Michael Kearns, Michael J. LoCurto, Bonnie E. Russell - Members. LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Dominic J. Bonifacio Jr., Joseph J. Golomberk Jr., Michael P. Kearns, Bonnie E. Russell - Members RULES COMMITTEE: David A. Franczyk, Chairman, Dominic J. Bonifacio Jr., Bonnie E. Russell - Members E" jxd /e1 W9161 kh hh111 i94 *1 BUDGET COMMITTEE: Dominic J. Bonifacio, Jr., Chairman, Brian C. Davis, Richard A Fontana, Joseph Golombek, Jr. Bonnie E. Russell - Members MINORITY BUSINESS ENTERPRISE COMMITTEE - ,Demone Smith Chairman Brian C. Davis, Richard A. Fontana, Bonnie E. Russell Members EDUCATION COMMITTEE ;Demone Smith Chairman, Michael P. Kearns, Bonnie E. Russell Members WATERFRONT DEVELOPMENT COMMITTEE — Michael P. Kearns, Chairman, Brian C. Davis, Richard A. Fontana, Joseph J. Golombek, Jr. — Members INVOCATION - PLEDGE TO FLAG ** *FINAL * ** Atwater House -1089 Elmwood Avenue * *FEB. 20, 2007 * ** 15. MAYOR R &F 1. Appt.- Member -BMHA APP COMPTROLLER 17. 2. Certificate of Necessity- Common Council R &F ASSESSMENT/TAXATION do -319 Massachusetts (Niag.) 3. Russell- Accepting Late Tax Payments FIN PUBLIC WORKS, PARKS & STREETS LEG 4. Notif Serials 410150 -52 (Waive 45 days) R &F 5. Bids - Broadway Depot - Emerg. Roof Reconst. -Job 40705 (Ell) APP 6. do -Tire Disposal (Citywide) APP 7. Canadian Natl. Railroad Bridge -Squaw Island Access Road Repair Contract APP 8. Capital Outlay Vehicle /Equipment Purchases APP 9. Change in Contract -Fire Dispatch Office -Job 40644 (Ell) APP 10. Perm. To Retain Consultant -Post Storm Debris Rem. Mgmt. (Citywide) APP 11. Steel Canopy with City ROW -72 -76 Pearl St. (Ell) APP CORPORATION COUNSEL CS 12. Req. all Certificates, Lic., Permits & Registrations to Clear Collections Check LEG, A &F, EDPI 13. Utl. Easement Agree. -Natl. Grid for Use of 157 Elk- School No. 33 R &F ECONOMIC DEVELOPMENT & PERMITS /INSPECTIONS 14. Atwater House -1089 Elmwood Avenue R &F 15. Compensating Buffalo for Regionally Significant Ec. Dev. Projects R &F 16. Food Store License -2887 Bailey (University) LEG 17. do -381 Busti (Ell) APP 18. do -319 Massachusetts (Niag.) APP 19. do -2140 Seneca (South) LEG 20. Restaurant Dance License (Renewal) -45 W. Chippewa (Ell) LEG 21. Restaurant Dance License (Renewal) -2 Templeton (Fill) APP 22. Notice to Property Owners Prior to Emergency Demolition LEG 23. Evening, Weekend and Holiday Demo Schedule LEG 24. Smoke Alarms R &F 25. Carbon Monoxide Alarms R &F ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS 26. 2006 -07 Second Quarter Gap Sheets - 2/1/07 BUDGET 27. D. Franczyk - Explore Using Part of City's Surplus of Residential Demolitions FIN COMMUNITY SERVICES & RECREATIONAL PROGRAMMING 28. Acceptance of Grant Award -Total Cost $36,624.00 APP 29. Quarterly Reports for CDBG Agencies CD HUMAN RESOURCES 30. Buffalo Police Exam CS COMMISSION ON CITIZEN'S RIGHTS & COMMUNITY RELATIONS 31. B. Davis -R. Daniel - Discriminatory Practices -Area 42 Bar R &F CITY CLERK 32. Liquor License Applications R &F 33. Leaves of Absence R &F 34. Reports of Attendance R &F 35. Notices of Appointments - Council Interns ADOPT 36. Notices of Appointments - Seasonal R &F 37. Notices of Appointments - Temp. /Prow. /Perm. CS MISCELLANEOUS 38. 39. D. Barus -NYS Emerg. Reg. On Local Bait /Tackle Stores L. Beahan- Sierra Club -Req. COB Be Made a Participant in the Niagara River Greenway Plan R &F WTRFRNT 40. D. Bonifacio -R. Schimminger -Bill -Amend Alcoholic Beverage Control Law - Serving in 52 -50. S. Magavern-COB Living Wage Comm.- Living Wage Establishments where Persons Under the Age of Twenty -One are Present R &F 41. D. Bonifacio- Senator Schumer's Call for Shared Border Mgmt. To Buffalo R &F 42. B. Davis - Business Today - "Corporate Earnings" (Time Warner) R &F 43. B. Davis -Fire Promotional Examination FIN 44. D. DiPace- Banning Wild Animals in the Circus R &F 45 -44A. J. Gardella -Bflo. Env. Mgmt. Comm. -Req. Consolidation -BPMB & BEMC R &F 46 -45. M. Kearns -J. Eddy -COB Water Bill FIN, AMER WATE 47 -46. M. Kearns -J &R Smith -Req. Purchase Neighboring Property FIN, EDPI 48 -47. M. Kearns -M. Carloni -Req. Info. -Aid for Hickory Woods Residents WATERFRONT 49 -48. M. Kearns -Time Warner Cable- Subscriber Information/Customer Rates LEG 50 -48A. M. Kearns - Buffalo News Article- Hickory Woods CD 51 -49. T. Kennedy -EC Leg.- Info.- Research Ctr. For Stroke & Heart Disease R &F 52 -50. S. Magavern-COB Living Wage Comm.- Living Wage LEG 53 -51. S. Stachowski, etc.- Senate Bill -Auth. Addl. Hsg. Court Judge for COB R &F 54 -52. C. Slater- RiverWright Project -139 Buffalo River LEG 55 -53. C. Slater- RiverWright Project- Transcription of Spec. Mtg. LEG PETITIONS 56 -54. J. Shepard, Owner, Use 256 Allen- Eating /Drinking Est. (Hrg. 2/27) (Ell) LEG, PLAN BD 57 -55. J. Allen, Owner, Use 263 AKA 285 Washington- Ground Sign (No Pub Hrg Req) (Ell) LEG, PLAN BD 58 -56. M. LoCurto -K. Ziolkowski & O- Petition to Calm Traffic on Starin Avenue LEG, PW, POL RESOLUTIONS 87 -57. Bonifacio Trailblazing Signs RES.; REM -LEG, PW, CC ADOPT 1sT 88 -58. Davis Trailblazing Signage for Virginia St. as "Alice Ramadhan Way" 89 -59. Davis Transfer of Funds - Common Council 90 -60. Fontana Family Attractions at Erie Canal Harbor ADOPT 1 ST & 2 ND RES.; REM -CD 91 -61. Franczyk 92-62. Franczyk 93-63. Franczyk 94 -64. Franczyk, etc. Local Law Intro. 42 (2007) -Dept. of MIS Budget /Personnel Amendment -MIS Oppose Sale of Albright Knox Permanent CollectioADOPT 2 ND RES.; 1 ST -CD Foreclosure Notification ADOPT 1 ST RES.; 2 95 -65. Golombek Completing the Formation of a Parks Adv. Board ADOPT 1 ST RES.; 2nd -LEG 96 -66. Golombek Opp. To Olmsted Conservancy Imposing Fees Upon Youth Sports Organizations ADOPT 1 ST & 2 ND RES. -REM -LEG 97 -67. Kearns Addressing the Over 600 MBBA Properties Going to the October Foreclosure Sale ADOPT 1 ST RES; REM -CD 98 -68. LoCurto Req. COB Compt. To Divest City of Investments in Companies that directly or indirectly invest in the Sudanese Govt. and are Complicit /Support Darfur Genocide 99 -69. Smith 100 -70. Smith Support for County Wide Ban of Trans Fats Trans Fat Postings in Restaurants APP ADOPT 1 I_ "r FIN, COMPT ADOPT 2 ND RES.; REM -LEG 101 -71. Smith 102 -72. Smith 103 -73. Smith 104 -73A. Davis Urge the Bd. Of Ed. To Ban the Use of Trans Fat ADPT. 1, 2, 4 RES; REM -ED, BD ED Comm. Of Deeds ADOPT Comm. Of Deeds - Public Performance ADOPT Suspension of License -680 Main St ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETING CIVIL SERVICE 59 -1. Com 21 Feb 6 Appt. -Sr. Special Asst. to Comm. (Max) (EDPI) APP 60 -2. Com 27 Feb 6 Notices of Appt.- Temp. /Prov. /Perm. (C. Clk.) R &F 61 -3. Com 28 Feb 6 Notices of Appt.- Temp. /Prov. /Perm. (C. Clk.) R &F FINANCE 62 -4. No 47 Jan 23 63 -5. No 82 Oct 31 64 -6. Com 4 Jan 23 65 -7. Res 112 Oct 31 66 -8. Res 182 July 25 67 -9. No 46 Jan 23 68 -10. Res 106 Feb 21 LEGISLATION 69 -11. Com 21 Jan 23 Douglas Towers Redev. Proj 70 -12. Com 22 Jan 23 Douglas Towers Redev. Proj 71 -13. Com 15 Feb 6 72 -14. Com 22 Feb 6 73 -15. Com 23 Feb 6 74 -16. No 43 Feb 6 75 -17. No 51 Feb 6 D. Bonifacio & B. Davis -K. Helfer -Fin. Statement Ending 11 /30 /06 -Bflo. Civic Auto Ramps R &F Contract for Fire Promotional Exams ( 467,10/17)( 469,9/5) HR) RECOMMIT Utl. Easement Agree. -Natl. Grid -Use of 157 Elk -Sch. 433 (Fill)(St. Pl.) APP Block Loans for Out of Town Landlords (Exc. 1S Res.) R &F Use -the Innovative "SEGWAY Human Transporter" by COB (Exc. Fin. Res) BUDGET D. Bonifacio -P. Almodovar -Mtg. & Tour of COB R &F Eliminating Rented Office Space by Swapping Other Vacant Offices (exc.2 res) R &F Street Naming - Gladys Holmes Blvd. -St. Loc. Within Fred. (PW) (Hrg. 2/20) APP Street Naming -Mary B. Talbert Blvd. St. Located Within Fred. APP (PW) (Hrg. 2/20) APP Street Naming - Gladys Holmes & Street Naming Mary B. Feb 6 Talbert (Pol) R &F Notice of Intention - Street Naming - Gladys Holmes Blvd. Res (C. Clk.) R &F Notice of Intention - Street Naming -Mary B. Talbert Blvd. (C. Clk.) R &F J. Montemaro-USP S -Street Naming - Gladys Holmes Blvd. & Mary Talbert Blvd. R &F J. Dougherty, Agent, Use 160 Delaware- Ground Sign (Ell) Res (Hrg. 2/13) APP 76 -18. Res 103 Feb 6 Local Law Intro. 41 (2007)- Boards & Commissions APP 77 -19. Res 104 Feb 6 Ord. Amend.- Chapter 6- Boards, Committees, Agencies & Commissions APP 78 -20. Res 99 Feb 6 Ord. Amend.- Chapter 137 Code Enforcement (Lodging House) APP 79 -21. Res 100 Feb 6 Ord. Amend.- Chapter 175 -Fees (Lodging House) APP 80 -22. Res 101 Feb 6 Ord. Amend.- Chapter 269- Lodging Houses APP 81 -23. Com 19 Feb 6 Used Car Dealer -2140 Genesee (Lovejoy) (EDPI) APP 82 -24. Res 62 Jan 9 Mem. NYS to Prohibit the Co- Mingling of Legal Age /Underage Patrons In Drinking Establishments (Exc. Last Res) R &F 83 -25. No 49 Jan 23 D. Bonifacio- Creation of Legislation- Prohibit Co- Mingling of Legal Age /Underage Patrons in Drinking Establishments R &F 84 -26. Com 22 Nov 28 Encroachment into City ROW -100 Seneca St. (Ell) (PW) RECOMMIT COMMUNITY DEVELOPMENT 85 -27. No 55 Jan 23 J. Golombek -BERC Renewal Contract -Young Architectural, LLC /Consultants R &F 86 -28. Res 109 Oct 31 Req. New Ellicott Urb. Renewal Plan Prior to Aug. 2007 Expiration (Exc. 1S Res) APP COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, FEBRUARY 20, 2007 AT 2:00 P.M. PRESENT — David A. Franczyk, President of the Council, and Council Members Bonifacio, Davis, Fontana, Golombek, Kearns, LoCurto, Russell and Smith — 9. ABSENT-0 On a motion by Mr. Bonifacio, seconded by Mr.Fontana, the minutes of the stated meeting held on February 6, 2007 were approved. FROM THE MAYOR NO. 1 APPOINTMENT OF MEMBER TO THE BUFFALO MUNICIPAL HOUSING AUTHORITY Pursuant to the powers vested in me by Subdivision 2, Section 30 of the Public Housing Law, I hereby appoint the following individual for a term commencing immediately and expiring October 19, 2011: Hal D. Payne 1119 Delaware Avenue Buffalo, 14202 Hal D. Payne is currently the Vice President for Student Affairs at the State University of New York College at Buffalo (Buffalo State College). In this position he is responsible for articulating mission goals, objectives and priorities for the Office of Student Affairs and insuring that those goals are met. Mr. Payne completed the Millennium Leadership Institute of the American Association of Colleges and Universities (AASCU) program in August 2000 and the Institute for Educational Management (IEM) program at Harvard University in August 199. He has also earned Juris Doctor degree from Cleveland State University. Mr. Payne's extensive knowledge and background in setting goals and instituting procedures and initiatives to achieve those goals will assist the new Board of Commissioners in succeeding in improving the quality of life of BMHA residents and complying with the Housing and Urban Development Department's mandates. I hereby certify that the above named individual is fully qualified to serve as a member of the Buffalo Municipal Housing Authority PASSED AYES - 9 NOES -0 FROM THE COMPTROLLER NO. 2 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS COMMON COUNCIL We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that it is necessary that the sum of $10,000 be transferred and reappropriated within the Common Council, as set forth below: City Clerk Services 10220006 - 432004 Engineering & Technical $5,500 Legislative - Personal Services 10114001 - 411001 Annual Salary $4,500 Legislative - Personal Services 10102001 - 412002 Hourly Salary $10,000 Dated: Buffalo, NY, January 31, 2007 RECEIVED AND FILED FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 3 "RUSSELL- ACCEPTING LATE TAX PAYMENTS" CCP: 2/6/07 ITEM #108 This is in response to Councilmember Russell's Resolution requesting amendment of the City Charter and Code to allow the City to accept late tax payments that contain the correct billed amount even though the payment does not contain penalties and interest fees, with appropriate exception made for the City's foreclosure process. First, I would like to correct the misrepresentation that the Department of Assessment and Taxation returned 3,687 payments for fiscal year 2003 -04 and 3,814 payments for fiscal year 2004 -05. This Department filed a Communication dated September 30, 2005 with the Common Council addressing the issue of partial payments in which we stated that 3,687 and 3,814 was the number of letters sent to owners in 2003 -04 and 2004 -05 notifying them of incorrect payment and advising owners to send an additional payment for the late penalty due and giving them ten (10) additional days to respond. Otherwise, if payment of the late penalty was not received, the City would return their payment since there is no authority or Local Law allowing the City to accept less than the full amount due including late penalty interest. In 2003 -04, there were 87,852 taxable parcels. Of the total 87,852, there were 3,687 incorrect payments for which we mailed letters and of that 3,687, only 508 checks (0.0057824 %) were returned in fiscal 2003 -04 for failing to send the additional amount due. In 2004 -05, there were 87,808 taxable parcels. Of the total 87,808, there were 3,814 incorrect payments for which we mailed letters and of that 3,814, only 638 (0.0072658 %) checks were returned in fiscal 2004 -05 for failure to remit the additional amount due. According to the Resolution, the City should be allowed to accept late payment of the principal without payment of applicable late penalty interest. State law would have to be reviewed by the City's Law Department to determine if only a Local Law is required to allow the property owner to pay the billed amount excluding any penalty that may be due or whether there must first be a change in State law. There is no provision in Councilmember Russell's Resolution regarding when the penalty interest may be paid nor does the Resolution address how the City is to calculate accrued interest on interest when the principal or base amount upon which penalty is calculated has been paid. There are a number of legal questions that need to be addressed and answered concerning this issue prior to passage. The Law Department should review Article 9, Title 3, "Collection of Taxes" of the Real Property Tax law, Sections 920, et seq. A Bill was recently passed by the Governor, effective January 2007, amending Real Property Tax Law Section 925(b) authorizing the granting of an extension of no more five (5) business days for the payment of taxes without penalty to property owners over the age of sixty -five who receive Senior Exemptions or Enhanced STAR exemptions. A copy of Real Property Tax Law Section 925(b) is attached. A Local Law must be adopted in order for the City to implement this section. The statute also provides that if payment is not made by the final date of the five -day extension, those taxes shall be subject to the same interest and penalties that would have applied if no extension had been granted. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 4 NOTIFICATION SERIAL# 10150 INSTALL HANDICAPPED PARKING ELMWOOD AVENUE, EAST SIDE BETWEEN A POINT 74 FEET NORTH OF HIGHLAND AVENUE AND A POINT 40 FEET NORTH THEREFROM DELAWARE DISTRICT HANDICAPPED PARKING - 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 alter the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 26 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: HANDICAPPED PARKING HANDICAPPED PARKING LOCATION PERIOD OF HANDICAPPED PARKING Elmwood Avenue, east side At all times (except Bus Route Restriction times) between a point 74 feet north of Highland Avenue and a point 40 feet north therefrom This action is being taken at the request of the Delaware District Councilmember to provide Handicap Parking in front of the Crane Branch Library. NOTIFICATION SERIAL #10151 INSTALL STOP SIGNS IN BENZINGER STREET AT KING STREET LOVEJOY 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 VEHICLE ON SHALL STOP BEFORE ENTERING Benzinger Street King Street This action is being taken due to Police emergency. NOTIFICATION SERIAL # 10152 PERMISSIVE PARKING - INSTALL ON GENESEE STREET, SOUTH SIDE BETWEEN ELLICOTT STREET AND THE SOUTH CURB LINE EXTENDED OF EAST CHIPPEWA STREET ( ELLICOTT DISTRICT) PERMISSIVE PARKING - 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 alter the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: PERMISSIVE PARKINGPERMISSIVE PARKING LOCATION PERIOD OF PERMISSIVE PARKING - DAILY Genesee Street, south side between 2 Hour Parking Ellicott Street and the south curb 7:00 am to 7:00 pm line extended of East Chippewa Street Except Sunday This action is being taken in order to provide some short term on street parking for area businesses. Waive 45 days RECEIVED AND FILED NO. 6 REPORT OF BIDS BROADWAY DEPOT EMERGENCY ROOF RECONSTRUCTION JOB #0706 ELLICOTT DISTRICT I asked for on January 25, 2007 and received the following emergency bids on February 8, 2007 for Emergency Roof Reconstruction of the Broadway Depot. The Commissioner of Public Works, Parks & Streets has declared an emergency for the Broadway Depot because sections of the roof were blown off during the storm in December 2006. Jameson Roofing Co. $127,462.00 106 Evans, Hamburg, NY Jos. A. Sanders & Sons $132,861.00 99 -117 Lathrop, Buffalo, NY Weaver Metal & Roofing $137,600.00 40 Appenheimer, Buffalo, NY Grove Roofing $177,000.00 131 Reading, Buffalo, NY Progressive Roofing, Inc. $325,000.00 331 Grote, Buffalo, NY The Department of Public Works, Parks & Streets will enter into a contract with Jameson Roofing in the amount of One Hundred Twenty Seven Thousand Four Hundred Sixty Two and 00/100 Dollars ($127,462.00). Funds for this work are available in 36322206 445100 - Division of Buildings. PASSED AYES - 9 NOES — 0 NO. 6 REPORT OF BIDS TIRE DISPOSAL CITYWIDE The Department of Administration, Finance and Urban Affairs, Division of Purchase received formal bids for tire disposal in the City of Buffalo. A report of bids is as follows: Bidder Per Ton Price Per Ton Price pickup at the Broadway Garage delivered to Disposal Facility 1) Modern Recycling, Inc. $95.00 /Ton $60.00 /Ton 4746 Model City Road Model City, NY 14107 2) Geiter Done of WNY, Inc. $94.50 /Ton $87.50 /Ton 300 Greene Street Buffalo, NY Based on the bids received I hereby recommend that Your Honorable authorize a contract to Modern Recycling, Inc. for the unit disposal price of $60.00 per ton delivered to the disposal facility. The initial contract term would be for a period of one (1) year with an option for four (4), one (1) year extensions. Funds for this work are available in refuse account #52002606- 442100. PASSED AYES - 9 NOES -0 NO. 7 CANADIAN NATIONAL RAILROAD BRIDGE SQUAW ISLAND ACCESS ROAD REPAIR CONTRACT PIN #6767.20 NORTH DISTRICT I have advertised on January 10, 2007 and received bids on February 14, 2007 for the Canadian National Railroad Bridge Squaw Island Access Road Repair Contract. In obtaining bids for the above project, I have asked for bids on a unit price basis covering the various items of work and material, which will be performed. The final cost of the work will be based on the actual measured quantities of material entering into the work and may be more or less than the total bid. The following bids were received: Contractor Total Bid Apollo Steel Construction $1,448,271.00" 4800 Wilton Avenue Niagara Falls, New York 14304 Hohl Industrial Services, Inc. $1,650,954.59 770 Riverview Blvd. Tonawanda, New York 14150 Union Concrete & Construction, Inc. $1,863,138.70 490 Center Road West Seneca, New York 14224 L.C. Whitford Co., Inc. $2,088,887.00 164 North Main Street Williamsville, New York 14895 " Adjusted total While Apollo Steel Construction submitted the lowest bid for the project they qualified their bid amount and did not include a bid bond or a certified check with their bid as required in Chapter 96 of the Charter of the City of Buffalo. It is the opinion of the Department of Public Works and the Department of Law that the bid of Apollo Steel Construction was non - responsive and / or non - conforming to the bidder's requirements. We are therefore excluding the bid of Apollo Steel Construction from consideration for this project. Therefore, I hereby certify that the lowest responsible bidder for the above project is Hohl Industrial Services, Inc. and respectfully recommend that your Honorable Body order the work and the cost thereof to be charged to City Bond Account 39311506 in an amount of $1,733,502.32 ($1,650,954.59 base bid + a 5% unit price increase $82,547.73 - $1,733,502.32). This project is a 95% reimbursed Federal project. As this is a time sensitive project due to the coordination of rail traffic on the bridge, navigational traffic in the Black Rock Canal and commercial truck traffic to the Buffalo Sewer Authority /Squaw Island Park, our Department will also be emergency filing this bid report with the Buffalo Financial Stability Control Board for their immediate approval. The Engineer's Estimate for this work is $1,995,484.00 and the above is certified to be a true and accurate statement of the bids received. Under General Municipal Law any bidder may withdraw his bid if the award of this contract is not made by March 30, 2007. Individual bid submissions are available in our office for inspection and copies are available upon request. PASSED AYES - 9 NOES -0 NO. 8 CAPITAL OUTLAY VEHICLE AND EQUIPMENT PURCHASES Our department is requesting permission to purchase the following vehicles and equipment, which were approved as Capital Outlay in the 2006 -07 budget: Vehicle Purchases New construction backhoe for the Division of Engineering (estimated cost $90,000) Replaces E -053 1979 backhoe (3) Full size pickup trucks for traffic signs, signals and bridge maintenance (estimated cost $30,000 each - total $90,000 Replaces E -578 1990 pickup, E -593 1994 pickup and E -577 1990 SUV (2) minivans or automobiles for traffic engineering inspections staff (estimated cost $25,000 each - total $50,000) Replaces E -625 1997 SUV and E -621 1999 pickup. • Traffic signal platform lift truck for traffic signal repair crews (estimated cost $127,000) Replaced E -602 1994 platform truck • Utility truck with plow for engineering division maintenance (estimated cost $35,000) Replaces E -564 1997 utility truck • Medium duty tow truck for engineering vehicle maintenance (estimated cost $60,000) Replaces E -565 1998 tow truck • Cargo van for engineering vehicle maintenance (estimated cost $22,000) Replaces E -544 1984 cargo van • Skid Steer Bobcat w /bucket, plow, auger and brush attachments (estimated cost $38,000) Equipment Purchases • 90 Lb. Jackhammer - estimated cost $1,200.00 • Gas powered vibratory compactor- estimated cost $1,600.00 • Various hand tools, including wrenches, sockets, pliers, etc. - estimated costs $1,000.00 • Guiderail and sand filled traffic safety collision drums - estimated costs $15,000.00 • Portable oxygen /acetylene torch set - estimated costs $1,200.00 Funds for these purchases were allocated in the 2006 -07 Budget as Capital Outlay expenses In the following accounts: •13111007- 474100 •13191007- 474200 •13113007- 474200 •13111007- 474200 •13113007- 474100 The prices provided are only estimates and the actual costs will vary depending on formal bids and /or purchases from State contracts and any shortages will be expensed from account #30032106 - 445100. PASSED AYES - 9 NOES -0 NO. 9 CHANGE IN CONTRACT FIRE DISPATCH OFFICE EMERGENCYA/C REPLACEMENT JOB #0644 ELLICOTT DISTRICT The Commissioner of Public Works, Parks & Streets has declared an emergency for the NC Replacement at the Fire Dispatch Office because the existing units have failed and the 911 equipment requires air conditioning to operate. He has solicited the following changes for replacement of the air conditioning. 1.Additional work required to mount the unit on equipment rails. Add $1,593.57 The foregoing change results in a net increase in the contract of One Thousand Five Hundred Ninety Three and 57/100 Dollars ($1,593.57). Current Contract Amount $30,212.00 Amount of This Change Order ( #2) $ 1,593.57 Revised Contract Amount $31,805.57 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 39320406 445100 - Division of Buildings. PASSED AYES - 9 NOES -0 NO. 10 PERMISSION TO RETAIN CONSULTANT POST STORM DEBRIS REMOVAL MANAGEMENT (CITYWIDE) Permission is requested from Your Honorable Body to solicit RFP's and to retain a Consultant for Post Storm Tree /Debris Removal Management. This work is part of the FEMA October Strom Project and all costs are 100% reimbursable to the City. Costs for these consultant services are not expected to exceed $150,000 and funds will be available in Capital Project Accounts established specifically for this purpose. PASSED AYES - 9 NOES -0 NO. 11 72 -76 PEARL STREET STEEL CANOPY WITHIN CITY RIGHT OF WAY ( ELLICOTT DISTRICT) Mr. Drew J. Gedra and Mr. Earl A. Ketry, owners of the Pearl Street Grill and Brewery, located at 72 -76 Pearl Street, have requested permission to encroach City right of way at said address. The property owners are seeking permission to install a structural steel canopy over city right of way on Seneca Street. The major portion of the steel canopy would be located on private property, however, a portion measuring 14' in length and projecting 6' from the property line is over city right of way. The Department of Public Works, Parks and Streets has reviewed this request with regards to the encroachment issue pursuant to Chapter 413, Section 67 (encroachment regulations) of the City Charter and recommends that Your Honorable Body refer this item to the Planning Board for the necessary site plan review and approval. If approved by the Planning Board and Your Honorable Body the Commissioner will issue a "Mere License" for said encroachment provided the following conditions are met: 1. That the applicant obtain any and all City of Buffalo permits necessary. 2. That the steel canopy be installed exactly as shown on plans submitted to and approved by the Department of Permit & Inspection Services. 3. That the applicant be responsible for maintenance of the canopy as long as it remains within City right of way. 4.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 construction, maintenance, use or removal of said balconies and steel canopy. PASSED AYES - 9 NOES -0 FROM THE CORPORATION COUNSEL NO. 12 REQUIRING ALL CERTIFICATES, LICENSES, PERMITS & REGISTRATIONS TO CLEAR A COLLECTIONS CHECK NO. 99 CCP DECEMBER 26, 2006 (LEGISLATION) Your Honorable Body has asked for the Corporation Counsel to comment regarding the above - referenced item currently before the Common Council's Legislation Committee. Please be advised that the Department of Law has researched the issue of requiring all applicants for licenses to clear a collections check. Please be advised that the "Outstanding Obligations" provision in the City Charter and Code as contained in § 141 -4 already requires such a check. It states: No person, individual, corporation or other entity shall be permitted to contract with, be licensed (emphasis added) or permitted by or do business with the City of Buffalo, its departments, boards or agencies without official certification by the Division of Collections that all outstanding obligations or arrears' owed to the city, its departments', boards or agencies are paid in full or otherwise have made arrangement for payment in full to the satisfaction of the Comptroller. This section shall not be deemed to require payment of any obligation prior to the last day such obligation is' due without penalty or interest or prior to the expiration of any application grace period Therefore, the Department of Law believes that the current legislation is adequate, and recommends that Your Honorable Body seek comment from the appropriate department(s) as to improving the enforcement of this provision if deemed necessary. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF ADMINISTRATION AND FINANCE, POLICY AND URBAN AFFAIRS AND THE COMMISSIONER OF ECONOMIC DEVELOPMENT PERMITS AND INSPECTIONS NO. 13 UTILITY EASEMENT AGREEMENT, NATIONAL GRID FOR USE OF 157 ELK- SCHOOL NO. 33 (FINANCE) COM. 4 CCP JANUARY 23, 2007 The law department has reviewed the proposed utility easement submitted to the Common Council for consideration by the Office of Strategic Planning regarding National Grid's request for use of 157 Elk. Based on the rider included on page 3 of the agreement, the law department has no objection to the approval of this request. RECEIVED AND FILED FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 14 1089 ELMWOOD AVE., ATWATER HOUSE Attached is the Commissioner's Decision related to 1089 Elmwood Ave, Atwater House. This is provided for your information. On February 02, 2007 the Appellate Division of the Fourth Department of the New York State Supreme Court issued a unanimous decision in the case of Georgiadis v McGurn. The Court upheld the decision of Justice Penny Wolfgang that the demolition permit requested by Mr. Georgiadis must be issued by the Department of Economic Development Permit and Inspection Services. I have consulted with the Corporation Counsel and she has indicated that the demolition permit must be issued if all other permit requirements are satisfied. Background September 10. 2004- Pano Georgiadis ( "Pano ") applied for a demolition permit. The application was referred to the Preservation Board as required by Chapter 337 -24. September 23, 2004 - Demoltion permit is discussed by the Preservation Board September 30, 2004- Preservation Board conducts a site inspection October 21, 2004- Preservation Board conducts a public healing. The Preservation Board issued a non - binding recommendation that the building not be demolished. The recommendation was not binding because the building is not in a preservation district and is not a locally designated landmark. October 26, 2004 Buffalo Common Council passed a resolution stating they are opposed to the demolition. November 1 and November 19– 2005- Mayor Masiello met with Pano. Mayor Masiello is opposed to demolition. December 2004 Commissioner McGurn rejects demolition permit request. January 2005- Pano sues the City. July 7, 2005- Ruling by .Justice Wolfgang indicating that the City had failed to follow its code when it rejected demolition permit, the property deserved no special protection since it is not a landmark and not in a historic district and the demolition permit should be issued; July 8, 2005 Mayor Masiello appealed the decision. 2006 - Commissioner Tobe met with Pano and other parties to determine if a non - judicial solution could be achieved. This was not successful. February —2 2007-City's appeal denied by Appellate Division and Order entered to issue demolition permit. Commissioner's Decision Based upon a review of the record, and the decisions of State Supreme Court and the Appellate Division of State Supreme Court, you are to issue the demolition permit when all normal requirements regarding asbestos protection, the payment of fees, the shut of water and sewer lines and other standard city requirements are complied with. RECEIVED AND FILED NO. 15 DEVELOPMENT PROJECTS COMPENSATING BUFFALO FOR REGIONALLY SIGNIFICANT ECONOMIC RESOLUTION #92 CCP JANUARY 23, 2007 Dear Councilmembers: I am writing in response to your request to provide information related to Resolution #92 CCP January 23, 2007, "Compensating Buffalo for Regionally Significant Development Projects ". At this time, the Department of Economic Development, Permit & Inspection Services is working closely with the Executive Director of the Office of Strategic Planning to establish a protocol that will provide benefits to the City of Buffalo and its residents in instances where the City of Buffalo supports a Regionally Significant Project under New York State's Empire Zone Program outside of the City of Buffalo. We will keep the Council advised of our efforts. If you have further questions, I would be happy to discuss this matter with you. RECEIVED AND FILED NO. 16 FOOD STORE LICENSE 2887 BAILEY (UNIVERSITY) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 2887 Bailey (Big Daddy Food & Supplies Market) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 17 FOOD STORE LICENSE 381 BUSTI (ELLICOTT) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 381 Busti (Hope Way Market) and feud that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I Fred it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. PASSED AYES - 9 NOES -0 No. 18 Food Store License 319 Massachusetts (Niagara) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 319 Massachusetts (Minimax Express) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. PASSED AYES — 9 NOES — 0 NO. 19 Food Store License 2140 Seneca (South) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 2140 Seneca St. (Yafa Food Market) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION No. 20 Restaurant Dance License (RENEWAL) 45 Chippewa West (Ellicott) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 45 Chippewa West (Big Shotz) for which said renewal application for a Restaurant Dance Class III license is being sought and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 21 Restaurant Dance License (RENEWAL) 2 Templeton (Fillmore) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 2 Templeton (Shanghai Red's) for which said renewal application for a Restaurant Dance Class 111 license is being sought and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. PASSED AYES — 8 NOES — 1 AYES — BONIFACIO, FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RUSSELL AND SMITH — 8 NOES —DAVIS — 1 NO. 22 NOTICE TO PROPERTY OWNERS Attached is Administrative Order 2007 -002 regarding notice to Property Owners Prior to an Emergency Demolition. This is provided for your information. ADMINISTRATIVE ORDER FROM THE COMMISSIONER No: 2007 -002 Title of Action: Notice to Property Owners Prior to an Emergency Demolition Date of Adoption: 2/2/07 Effective Date: 2/2/07 Date of Original Implementation: 2/2/07 Revisions: None Original Action: Yes Authority: Section 17 -2 (a), 17 -2(e) and 17 -2 (k) Distribution: Deputy Mayor Steven Casey, Corporation Counsel Alisa Lukasiewicz, Assistant Director Paul Mielcarek, EDPIS Chiefs Fire Commissioner Lombardo Buffalo Common Council Background In the past, the Buffalo Fire Department was tasked with identifying and notifying property owners where there was a severe fire and in circumstances that warranted it, to also advise the owner that an emergency demolition has been ordered. The Fire Department no longer undertakes this task. The Commissioner of Economic Development, Permit and Inspection Services either on the request of the Fire Department or on his own request can order the demolition of buildings on an emergency basis. 1 Section 17 -2 "The Commissioner of (Economic Development) Permit and Inspection Services shall: ... (k) Direct or cause to be torn down, blown up or otherwise destroyed on an emergency basis, any building which he or she deems to be an immediate threat to the health, welfare and safety of the public...." The most common cause of an emergency demolition is a fire in which the Buffalo Fire Department declares an emergency and requests the demolition due to the extensive damage caused by a fire and the unsafe condition of the structure. In addition, the Commissioner of Economic Development, Permit and Inspection Services may declare the need for a non -fire related emergency demolition. This can be caused by the collapse or partial collapse of a structure due to high wind, or heavy snow usually coupled with serious structural deterioration. An emergency demolition may also be declared as a result of reports from building professionals that indicate that a building is in danger of collapse. In 2006, there were 144 emergency demolitions of both privately owned and publicly owned structures for both fire and non -fire related emergencies. Property owners may wish to delay an emergency demolition to allow for an investigation or documentation for insurance, to remove personal property, to save a property from demolition by making a showing to the City that the structure can be saved or for other purpose. Where this can be done safely, the City should make reasonable efforts to accommodate these requests. In many instances it will be difficult or impossible to locate a property owner. This could be because their address will be where elsewhere and may be unknown to the City, the last known property owner is deceased and heirs are unknown or cannot be located in the time available, the emergency has occurred and the owners have located elsewhere due to the emergency and their location is unknown, the owners phone number may be at the location of the emergency and is no longer working, the lack of ability to determine if the property owner has a cell phone and to obtain cell phone numbers and for other reasons. Purpose of Administrative Order The Buffalo Charter and Code do not require notice to property owners prior to an emergency demolition. This Order is to provide direction to staff with regards when and to what extend efforts should be undertaken to provide notice to property owners. This Order should be implemented flexibly based upon the circumstances. ]t is the intent of this Order to establish guidance to staff that should be implemented in a reasonable fashion based upon the circumstances to provide notice to the appropriate party and not to require rote compliance with the steps laid out below. Administrative Order 1. Notice- In general, a reasonable effort should be made to provide actual notice to a property owner before a demolition occurs. Staff should consider one or more of the steps outlined below. It is not contemplated that it will be necessary to implement all such steps in any one circumstance. The steps are illustrative of what should be done. Other methods to make contact may also be implemented. The goal is to provide notice to property owners in as timely a fashion as possible. Once contact is made with the property owner, other —4 -- - efforts to provide notice should cease. 2. Consider Circumstances- The extent of the effort and the period of delay prior to actual demolition must be determined upon a review of all the circumstances taking into account the immediacy of the need for the emergency demolition, the ease or difficulty of locating the property owner and all other circumstances. 3. Identify Owner- Staff should determine the name and address of the owner. The City's Hansen and Assessment databases shall be considered reliable sources because property owners are required to provide mailing addresses to allow for tax bills to be sent to the correct address. 4. Personal Notice- If possible, staff should provide personal notice to the property owner as soon as possible. If the property owner is known to be at the scene, at a neighbor's home or in the general vicinity, staff should make an attempt to contact them immediately to advise them of the plans for an emergency demolition and that an opportunity will be provided to them to discuss the demolition plans with staff. 5. Telephone -An attempt should be made to contact a property owner using a phone number if one can be obtained. If a message can be left, staff should provide a full message including how to contact the appropriate staff member and the plans, if then known, to proceed with the demolition. 6. Post House- Staff should place one or more written messages onto the entrances to a house indicating that an emergency demolition is planned providing the name and address of staff who should be contacted including both work and after hours phone numbers. The notice should indicate when the demolition is to occur if known at the time of the posting. This notice should be posted as soon as possible. 7. Fire and Police Departments- Staff should make inquires of the Buffalo Fire and Police Departments to determine if they are aware of the location of the property owner. This should occur as soon as Department staff learns of the emergency, as property owners are usually more likely to be at the site of the fire in the time immediately after the emergency rather than later. 8. Neighbors- Staff should contact neighbors where it is feasible to do so safely to determine if the location of the property owner or their relatives and friends is known. Once located, the property owner or their relatives and friends should be contacted if this can be done through a reasonable effort. Telephone notice is sufficient. 9. Red Cross- Staff should determine if the Red Cross has provided accommodation for the displaced property owner. If so, contact should be attempted via the Red Cross. 10 .Mail- Staff should consider providing written notice through the mail where there is time to do so and an address is known that might be used to reach the property owner. Administrative Implementation 1. Check List- The Assistant Director shall develop a checklist to be used by all staff involved in ordering a demolition. The list shall indicate what efforts were undertaken and the results. 2. Posted Notice- The Assistant Director shall develop a notice that can be affixed to properties that provide information to a property owner that an emergency demolition is planned and how to contact staff to discuss the demolition. 3. Training- The Assistant Director shall train all staff that is involved in emergency demolitions to assure that they understand and comply with this Administrative Order. 4. Documentation- The Assistant Director shall assure that the Check List and other evidence of compliance is placed in the file. For further questions regarding this notice, please contact the City of Buffalo's Department of Economic Development, Permit and Inspection Services Assistant Director Paul Mielcarek at 716 - 851 -4903. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 23 EVENING, WEEKEND AND HOLIDAY DEMOLITION SCHEDULE Attached is Administrative Order 2007 -03 regarding Evening, Weekend and Holiday Demolition Schedule This is provided for your information ADMINISTRATIVE ORDER FROM THE COMMISSIONER No: 2007 -003 Title of Action: Evenings, Weekend and Holiday Demolition Schedule Date of Adoption: 2/2/07 Effective Date: 2/2/07 Date of Original Implementation: 2/2/07 Revisions: None Original Action: Yes Authority: Section 17 -2 (a), 17 -2(e) and 17 -2 (k) Distribution: Deputy Mayor Steven Casey, Corporation Counsel Alisa Lukasiewicz, Assistant Director Paul Mielcarek, EDPIS Chiefs Buffalo Common Council Background In the past, the Buffalo Fire Department was tasked with identifying and notifying property owners where there was a severe fire and in circumstances that warranted it, to also advise the owner that an emergency demolition has been ordered. The Fire Department no longer undertakes this task. The Commissioner of Economic Development, Permit and Inspection Services either on the request of the Fire Department or on his own request can order the demolition of buildings on an emergency basis. 1 Section 17 -2 "The Commissioner of (Economic Development) Permit and Inspection Services shall: ...(k) Direct or cause to be torn down, blown up or otherwise destroyed on an emergency basis, any building which he or she deems to be an immediate threat to the health, welfare and safety of the public...... The most common cause of an emergency demolition is a fire in which the Buffalo Fire Department declares an emergency and requests the demolition due to the extensive damage caused by a fire and the unsafe condition of the structure. In addition, the Commissioner of Economic Development, Permit and Inspection Services may declare the need for a non -fire related emergency demolition. This can be caused by the collapse or partial collapse of a structure due to high wind, or heavy snow usually coupled with serious structural deterioration. An emergency demolition may also be declared as a result of reports from building professionals that indicate that a building is in danger of collapse. In 2006, there were 144 emergency demolitions of both privately owned and publicly owned structures for both fire and non -fire related emergencies. Purpose of Administrative Order To provide a more cost effective schedule for demolitions where it can be done safely in the public interest. This will also provide a better chance to reach properly owners to provide the notice called for in Administrative Order 2007 002. Respond shall continue to respond to the scene of a fire when requested to do so by the fire dispatch office or the departmental staff. Determination of Need- In cases where the Fire Department has determined that a demolition is required, staff shall determine if the demolition should occur immediately or can await the next regular work day. Immediate demolition- in cases where the public safety requires an immediate demolition, staff shall contact asbestos removal companies and demolitions companies as required by existing policies. This includes documentation of companies contacted, who made the contact, those companies that submitted bids, bid prices and the lowest bid. Next Business Day Demolition- In all cases where an immediate demolition is not required, staff shall conduct the bidding and demolition activities on the next regular business day. Administrative Implementation 1. Dispatch- The Assistant Director shall go to the scene of a fire or shall dispatch staff to the scene 2. Determination of Need- The Assistant Director shall determine if an immediate demolition is required or if the demolition can await the next business day. The Assistant Director shall consult with the Commissioner if he is available and any other staff who may provide assistance and advice. 3. Training- The Assistant Director shall train all staff that are involved in emergency demolitions to assure that they understand and comply with this Administrative Order. 4. Documentation- The Assistant Director shall assure that proper documentation of decisions regarding this Order is placed in the file. For further questions regarding this notice, please contact the City of Buffalo's Department of Economic Development, Permit and Inspection Services Assistant Director Paul Mielcarek at 716 - 851 -4903. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 24 SMOKE ALARMS Attached is Administrative Order 2007 -05 regarding smoke alarms. This is provided for your information ADMINISTRATIVE ORDER FROM THE COMMISSIONER No: 2007 -005 Title of Action: Notice Regarding Smoke Alarms as of 1/1/03 Date of Adoption: 2/1/07 Effective Date: 2/1/07 Date of Original Implementation: 2/1/07 Revisions: None Original Action: Original Implementation of Section R317 Authority: City of Buffalo's Charter Section 17 -2 (a), Residential Code of New York State Section R317 Distribution: Deputy Mayor Steven Casey Corporation Counsel Alisa Lukasiewicz Chief Robert Stasio Assistant Director Paul Mielcarek EDPIS Chiefs Buffalo Common Council Background On January 1, 2003, the Residential Code of New York State Section R317 regarding the installation of smoke alarms in residential dwellings went into effect. This Administrative Order is being issued to inform Department staff of Section R317 and to assure that all Department divisions implement it in a uniformed and consistent manner. Code Summary The code provides that smoke alarms are required by New York State Law in one and two - family and townhouse residential dwellings. It details where the smoke alarms must be present in the house, under what circumstances smoke alarms must be interconnected and hardwired (including when permits are applied for which, in some cases, may trigger a required alarm system update at the property), and details how and under what circumstances smoke alarms receive their power. The following is the state code regarding smoke alarms: R317.1 Single -and Multiple- Station Smoke Alarms. Single -and multiple- station smoke alarms shall be installed in the following locations: 1. In each sleeping room 2. Outside of each separate sleeping area in the immediate vicinity of the bedrooms. 3. On each additional story of the dwelling, including basements and cellars but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level. When more than one smoke alarm is required to be installed within an individual dwelling unit the alarm devices shall be interconnected in such a manner that the actuation of one alarm will activate all of the alarms in the individual unit. The alarm shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed. All smoke alarms shall be listed and installed in accordance with the provisions of this code and the household fire warning equipment provisions of NFPA 72. R317.1.1 Alterations, repairs, additions and conversions. When interior alterations, repairs, additions or conversions requiring a permit occur, or when one or more sleeping rooms are added or created in existing dwellings, the individual dwelling unit shall be provide with smoke alarms located as required for new dwellings; the smoke alarms shall be interconnected and hard wired. Exceptions: 1. Except for bed and breakfast dwellings, smoke alarms in existing areas shall not be required to be interconnected and hard wired where the alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available which could provide access for hard wiring and interconnection without the removal of interior finishes. 2. Repairs to the exterior surfaces of dwellings are exempt from the requirements of this section. R317.2 Power source. The required smoke alarms shall receive their primary power from the building wiring when such wiring is served from a commercial source, and when primary power is interrupted, shall receive power from a battery. Wiring shall be permanent and without a disconnecting switch other than those required for over current protection. Smoke alarms shall be permitted to be battery operated when installed in buildings without commercial power or in buildings that undergo alterations, repairs or additions regulated by Section R317.1.1. For More Information Further details regarding this notice can be found in the New York State Department of State Division of Code Enforcement and Administration's Technical Bulletin that was effective as of January 1, 2003 and is titled: "Requirements for the installation of Smoke Alarms in Existing Residential Occupancies." It notes smoke alarm code requirements from the Residential Code of New York State, the Fire Code of New York State, and the Property Maintenance Code of New York State. The bulletin can be found online at: http ://www.dos.state.ny.us/code/pdf/smokedetex.pdf. For further questions regarding this notice, please contact the City of Buffalo's Department of Economic Development, Permit and Inspection Services Assistant Director Paul Mielcarek at 716.— . —J3S1 -4903. Commissioner RECEIVED AND FILED NO. 26 CARBON MONOXIDE ALARMS Attached is Administrative Order 2007 -006 regarding carbon monoxide alarm This is provided for your information information. No: 2007 -006 Title of Action: Carbon monoxide alarms Date of Adoption: 1129107 Effective Date: 1/29/07 Date of Original Implementation: 1129107 (12114106) Revisions: None Original Action: Yes Authority: City of Buffalo's Charter Section 17 -2 (a), Title 19 NYCRR Section 1225.2 Carbon monoxide alarms [amendedtext 12/14/06] Distribution: Deputy Mayor Steven Casey Corporation Counsel Alisa Lukasiewicz Chief Robert Stasio Assistant Director Paul Mielcarek EDPIS Chiefs Buffalo Common Council Background On December 21, 2006, the Department was notified by the New York State Department of State that as of December 14, 2006 an amendment had been made to the Title 19 NYCRR Section 1225.2. The amendment deals with requirements for carbon monoxide alarms in certain dwelling units and multiple dwelling units. In general, the Code requires that carbon monoxide alarms be installed in newly constructed dwelling units, dwelling units and multiple dwelling units offered for sale and now also in multiple dwellings. The Code describes the required locations, the type of power sources that are required, provides definitions and describes certain exceptions. This requirement is now in effect. In addition to all other requirements, inspections of multiple dwellings as part of the required regular inspections for certificates of occupancy shall require compliance. The text of the Code as amended follows and can be found also at the NYS Department of State's website at www.dos.state.ny.us/code/partl 225. htm: Section 1226.2 Carbon monoxide alarms. [amended text 12/14/2006] Single and multiple station carbon monoxide alarms shall be installed and maintained in newly constructed dwelling units and multiple dwellings and in dwelling units and multiple dwellings offered for sale, as provided in this section. (a) Where required: (1) one- and two - family dwellings and multiple single family dwellings (townhouses); (2) dwelling units in buildings [of Group R -2 occupancy classification] owned as condominiums or cooperatives; and (3) multiple dwellings (as defined in subdivision (f) of this section). However, a carbon monoxide alarm shall not be required in a dwelling unit if no fuel -fired appliance, no fuel -fired equipment, no solid -fuel burning appliance, no solid -fuel burning equipment, no wood stove, no fireplace, no other appliance or device that runs on or uses flammable or combustible fuel, no system that runs on or uses flammable or combustible fuel, no attached garage, and no other motor - vehicle related occupancy, is located in, or attached to, such dwelling unit or the structure in which such dwelling unit is located. (b) Location of carbon monoxide alarms. (1) In the case of a building that contains at least one dwelling unit (as defined in subdivision (f) of this section), at least one carbon monoxide alarm shall be provided in each such dwelling unit. The required carbon monoxide alarm shall be installed in the immediate vicinity Of bedroom(s) on the lowest floor level of the dwelling unit containing bedroom(s). (2) In the case of a building that contains at least one sleeping unit (as defined in subdivision (f) of this section), at least one carbon monoxide alarm shall be provided on each floor level containing sleeping unit(s). The required carbon monoxide alarm shall be installed in the immediate vicinity of such sleeping units(s). In addition, at least one 2 carbon monoxide alarm shall be provided inside each sleeping unit that contains any fuel -fired appliance, fuel -fired equipment, solid -fuel burning appliance, solid -fuel burning equipment, wood stove, fireplace, any other appliance or device that runs on or uses flammable or combustible fuel, or any system that runs on or uses flammable or combustible fuel. (3) In the case of a building that contains at least one dwelling unit (as defined in subdivision (f) of this section) and at least one sleeping unit (as defined in subdivision (f) of this section), compliance with paragraph (1) and paragraph (2) of this subdivision shall be required. (c) Equipment and installation. Carbon monoxide alarms shall be listed and labeled as complying with UL 2034 -2002 (Single and Multiple Station Carbon Monoxide Alarms Second Edition, October 29, 1996 -with revisions through and including June 28, 2002, published by Underwriters Laboratories, Inc.), shall be installed, used and maintained in accordance with the manufacturer's installation instructions, and shall conform with paragraphs (1) and (2) of this subdivision. This subdivision shall not preclude the installation of listed combination smoke /carbon monoxide alarms. (1) Power source. Carbon monoxide alarms are permitted to be permanently connected to the building wiring system, connected by cord or plug to the wiring system, or battery operated. Where carbon monoxide alarms are permanently installed, they shall receive their primary power from a lighting circuit of the building wiring system, provided that such wiring system is served from a commercial source. Wiring shall be permanent and without a disconnecting switch other than as required for over current protection. (2) Combination systems and supervisory service. Where carbon monoxide alarms are a component of a fire /burglar /carbon monoxide system, or alarms are monitored by an approved supervising station, a distinctive alarm signal shall be used to differentiate between the carbon monoxide alarms and other alarm system functions. Activation of a carbon monoxide alarm shall not activate a fire alarm signal. Carbon monoxide alarms shall be wired such that short circuits, open circuits, or any other ground -fault will not interfere with monitoring for integrity of the fire warning system. (d) Maintenance. Carbon monoxide alarms shall be maintained in conformance with the manufacturer's instructions. Where a carbon monoxide alarm receives primary or backup power from a battery, the alarm shall emit a signal when batteries are low. Where the battery is of a removable type, it shall be replaced in conformance with the manufacturer's instructions. (e) Disabling of alarms. Required carbon monoxide alarms shall not be removed or disabled, except for replacement, service or repair purposes. (f) Definitions. For purposes of this section, the following words and terms shall have the following meanings: (1) The term "dwelling unit" means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. (2) The term "multiple dwelling" means a building all or any part of which is either rented, leased, let or hired out, to be occupied, or is occupied as the temporary or permanent residence or home of three or more individuals or families living independently of each other, including but not limited to the following: a tenement, flat house, maisonette apartment, apartment house, apartment hotel, tourist house, bachelor apartment, studio apartment, duplex apartment, kitchenette apartment, hotel, lodging house, rooming house, boarding house, boarding and nursery school, furnished room house, club, sorority house, fraternity house, college and school dormitory, convalescent, old age or nursing homes or residences. The term "multiple dwelling" shall also include a dwelling, two or more stories in height, and with five or more boarders, roomers or lodgers residing with any one family. For the purposes of this paragraph, each individual or family occupying a hotel, tourist house, lodging house, rooming house, boarding house, boarding school, nursery school, furnished room house, lodging, club, college or school dormitory, sorority house, fraternity house, convalescent, old age or nursing home or residence, or other similar facility shall be deemed to be living independently of each other individual or family occupying such facility notwithstanding any eating, cooking, kitchen, sanitation or other facilities that may be shared in common by such occupants. (3) The term "new construction" means a new facility or a separate building added to an existing facility. (4) The word "sale" means the transfer of ownership of a business or property, provided however, transfer of franchises shall not be deemed a sale. (5) The term "sleeping unit" means a room or space in which people sleep, which can also include permanent provisions for living, eating, and either sanitation or kitchen facilities but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units. For further questions regarding this notice, please contact the City of Buffalo's Department of Economic Development, Permit and Inspection Services Assistant Director Paul Mielcarek at 716- 851 -4903. RECEIVED AND FILED FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO. 26 2006 -2007 Second Quarter Gap Sheets City of Buffalo, Buffalo Public Schools, Buffalo Urban Renewal Agency, Buffalo Municipal Housing Authority and Joint Schools Construction Board February 1, 2007 COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE SPECIAL COMMITTEE ON BUDGET NO. 27 D. Franczyk - Explore Using Part of City's Surplus of Residential Demolitions In response to your request that I address "D. Franczyk - Explore Using Part of the City's Surplus for Residential Demolitions" (Item #95, C.C.P. 12/26/06), please know that, since your request was first made, we have had numerous discussions with State officials urging them to release $8 million in State appropriations made in 2006 for the purpose of property demolitions. While the attention of state officials has now turned to expediting the flow of these funds to the City, the process is cumbersome and lengthy. In the interim, we are exploring using an inter -fund transfer in order to ensure that our demolitions program continues in anticipation of receipt of these State funds. Our conversations with the State are ongoing and we anticipate they will continue over the next few months. Our intentions are to expend State dollars before we consider using our accumulated fund balances for purpose of property demolitions. In 2007, the New York State created the "RESTORE our Communities Program ", in response to the urging of the Brown administration. These funds are specifically for property demolition in urban areas. The Governor's budget proposal for State Fiscal Year 2007 -08 doubles the allocation for this program, from $50 million in SFY 2006 -07 to $100 million in SFY 2007 -08. We will again act aggressively to ensure Buffalo receives the maximum amount possible. It would be our intent to use these State funds before considering utilization of City "surplus" funds. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING NO. 28 Acceptance of Grant Award Total Cost $36,624.00 The Department of Community Services, Division for Youth was awarded a grant from the New York Division of Criminal Justice Services to implement a Youth Court program forjuveniles who commit minor, non - violent offenses, operated by trained youth who will determine appropriate and meaningful sanctions. The contract period is from 10/01/2006 - 09/30/2007. Total Projected Costs: $36,624.00 Grant Funds $32,962.00 Matching funds$3,662.00 Please approve the acceptance of this grant award. Passed AYES — 9 NOES — 0 NO. 29 COMMON COUNCIL FILINGS Summary of Quarterly Reports for Community Development Block Grant Agencies. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMMISSIONER OF HUMAN RESOURCES NO. 30 Buffalo Police Exam Consistent with Res #107 CCP February 6, 2007 (copy attached for reference) I have contacted the NYS Department of Civil Service seeking a waiver to the age limitations for the Buffalo Police Examination. Also attached you will find the response I received as well as a copy of a decision from the State Division of Human Rights. As you can see there is no authority in law to administratively waive the age requirement. I can assure you that if I had the authority to waive the age requirement I would readily do so. As a police chief and city manager I have hired many officers over 35 years old, often into their late 40s. My experience is that they bring a level of maturity and experience that can be quite valuable. Unfortunately we have no alternatives available to us. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSION ON CITIZENS' RIGHTS AND COMMUNITY RELATIONS NO. 31 DAVIS - R. DANIEL - DISCRIMINATORY PRACTICES - AREA 42 BAR ITEM NO: #63 - C.C.P. - FEBRUARY 21, 2006 The Commission has made every attempt to contact the complainant by correspondence and phone (which is currently disconnected) asking complainant to file a formal complaint with the Commission and offering to set up an appointment with the Professional Standards Division of the Buffalo Police Department. As to this date, the Commission has received no response. Therefore, the case has been closed. RECEIVED AND FILED FROM THE CITY CLERK NO. 32 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 1458 Hertel Avenue North End Trattoria SunCrest Enterprises Inc. RECEIVED AND FILED NO. 33 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Police -K. Cannon RECEIVED AND FILED. NO. 34 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority- 2/7/07 RECEIVED AND FILED. NO. 35 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 February 2, 2007 in the Department of Common Council, Masten District, to the position of Intern VI, Seasonal, Non - Competitive, at the flat starting salary of $10.00 /hr. Fritzgerald Tondreau 232 Lisbon Buffalo, NY 14215 NO. 36 NOTICES OF APPOINTMENT - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. DEPARTMENT OF ASSESSMENT AND TAXATION Appointment Effective February 13, 2007 in the Department of Assessment and Taxation to the position of Clerk - Seasonal, at the flat starting salary of $8.15/hr. Elizabeth Pieri 30 Eugene Avenue Buffalo, NY 14216 NO. 37 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. DEPARTMENT OF COMMUNITY SERVICES AND RECREATIONAL PROGRAMMING Appointment Effective February 13, 2007 in the Department of Community Services and Recreational Programming, Division of Contract Administration, to the position of Account Clerk- Typist, Permanent, at the minimum starting salary of $26,270. Ramona L. Lee 47 Orange Street Buffalo, NY 14204 DEPARTMENT OF LAW Appointment Effective February 1, 2007 in the Department of Law, Division of Law, to the position of Assistant Corporation Counsel I (Muni),Temporary, at the minimum starting salary of $45,757. Cindy T. Cooper 174 Richmond Avenue Buffalo, NY 14222 DEPARTMENT OF PUBLIC WORKS, PARKS AND STREETS Appointment Effective February 7, 2007 in the Department of Public Works, Parks & Streets, Division of Buildings, to the position of Laborer II, Permanent, at the minimum starting salary of $24,430. Cherie M. Davis 2219 Bailey Avenue Buffalo 14211 Appointment Effective February 13, 2007 in the Department of Public Works, Parks & Streets, Division of Buildings, to the position of Senior First Class Stationary Engineer, Temporary, at the minimum starting salary of $10.25/hr. Timothy Keenan 77 Carlyle Avenue Buffalo 14220 Appointment Effective February 11, 2007 in the Department of Public Works, Parks & Streets, Division of Streets, to the position of Street Worker, Temporary, at the minimum starting salary of $26,779. Keith Scott 73 Courtland Avenue Buffalo, NY 14215 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 38 B. DAVIS BAIT TACKLE STORES Thank you for the courtesy of your communication that formally identifies Resolution No. 93, adopted with regard to impact of the NYSDEC Emergency Regulations on local Bait & Tackle stores. The economic fallout caused by the new regulations for area bait shops is a very sad tale, especially when Lake Erie and Buffalo are booming with national interest for our local and regional fishery. ESPN and BASS fishing tournaments are heading for Buffalo this year! There will be national TV coverage. National outdoor magazines announce Buffalo and Lake Erie are the Number 1 destination for the best fishing in the country. Yes, we need our bait shops!! The focus of NYSDEC VHS Emergency Regulations is to protect other NYS waters, primarily inland waters, from the introduction of VHS. The policy is hard on bait shops. The bait shops along the Niagara River supply as many as seven (7) states with live bait and not supplying them may affect recreational fishing as an industry. For the whole of Lake Erie (all states /borders), the recreational fish industry has a recognized economic impact of approximately $2 BILLION per year. A worthy effort might be to subsidize these small businesses. If lost, these businesses would negatively affect this huge recreational industry and would likely change the waterfront. The staff of the Erie County Federation of Sportsmen has attended numerous official meetings regarding VHS disease on Great Lakes fish stocks. We learned that VHS can be fatal to more than 37 identified freshwater fish species in local waters. The disease is suspected to be from untreated ballast of ocean -going delivery ships. It is interesting to note that VHS is only one of 184 invasive and exotic species introduced from foreign ship bilge in the same manner, yet only 7% of Great Lakes shipping (net economic impact of only $55 million) comes from sea -going ships. It would seem the way to this solve this problem for future generations is obvious, but the St. Lawrence Seaway is still open. Unofficially, members of our organization encourage others to invoke New York State to develop a policy that might support the affected local bait and tackle shops by subsidizing them for losses incurred as a result of this new policy. With no disrespect intended to Bass Pro Shops, if $27 million was found to help build one privately owned retail business store that has yet to accept the offer, maybe $142 million could be found to support these local key businesses for the regional recreational fish industry survival over the next few years - or until the VHS disease runs it course. Past tax year records could be used to identify affected business volume. As sportsmen, we are in total support of finding a beneficial plan to support affected local bait businesses along the Niagara Frontier. RECEIVED AND FILED NO. 39 THE NIAGARA RIVER GREENWAY PLAN The 2000 plus members of Sierra Club, living on the Niagara Frontier urge, that you vote to make the City of Buffalo a participant in the Niagara River Greenway Plan. We consider it vital to the Niagara Region that these monies being paid by the Niagara Power Project, in reparation for what the Project has done to alter the Niagara River from its pristine origins, that these monies be spent in the coordinated way prescribed by this Greenway Plan. Vote to join the Plan: Because it supports the best and highest use of our waterfront. The plan supports the vision expressed in the legislation and by citizens across both counties for a regionally coordinated, economically vibrant, publicly accessible and ecologically healthy waterfront. Because it is locally made. The greenwayplan gains us control over our waterfront. It binds state agencies -- including state parks, a major land holder with its own separate $3 million /year greenway fund - -to develop consistently with a locally- derived plan. Projects that are funded with greenway funds will have to demonstrate local support as well as consistency with greenway principles. Because it has major regional benefits. Our region has lost out on major federal and state grants for river and brownfield cleanup due to the lack of local matching funds. Greenway funds can help provide that local match for large projects that not only improve environmental quality but also provide good jobs for our communities. Projects that turn brownfields to greenfields, reduce sewage overflows, or that make the water safe to swim in and the fish safe to eat benefit the entire region. Because it preserves and restores our natural and cultural heritage. As Great Lakes communities we are part of the largest freshwater ecosystem in the world, endowed with natural and cultural wonders like Niagara Falls, Olmsted Parks, and a globally important migratory bird habitat and fishery. Greenway sites and programming will showcase the true wealth of this region, including the rich cultural heritage of the Handenosaunee, the Underground Railroad, the War of 1812, the industrial revolution, and the many great architects and artist who have left their legacy on the Niagara Frontier. Because there is so much at stake. If the plan is adopted, $9 million per year for 50 years becomes available to our region beginning in 2007. If the plan is not adopted, these funds are at risk. If some potential greenway communities are not ready to approve the plan, let's figure out a way to adopt the plan with a majority, and make it simple for those communities to come in when they're ready. There is so much benefit to be gained, we are confident that progress will speak for itself and everyone eventually will want to be involved. REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT NO. 40 CO MINGLING IN DRINKING ESTABLISHMENTS Please file this item for the next meeting of the Buffalo Common Council on Tuesday, February 20, 2007. Thank you for your continued cooperation. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW RECEIVED AND FILED NO. 41 SENATOR SCHUMER'S CALL FOR SHARED BORDER MANAGEMENT TO BUFFALO Please file this item regarding NYS Senator Charles Schumer's press release calling on President Bush to end the deadlock and bring Shared Border Management to Buffalo for the next meeting of the Common Council on Tuesday, February 20, 2007. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW RECEIVED AND FILED NO. 42 CORPORATE EARNINGS TIME WARNER INC Copy available for review in The City Clerk's Office RECEIVED AND FILED NO. 43 FIRE PROMOTIONAL EXAMINATION Please file the attached item for further discussion at the next Common Council session to be held February 20, 2007. Thank you in advance for your assistance with this matter. Sincerely, Brian C. Davis Ellicott District Councilmember Per your request, we have re- advertised the RFP for test developer for the fire department's promotional examinations. We contacted the leadership of both MOCHA and Local 282 and requested they submit the names of any consultants that they would like us to distribute the RFP to. We did not receive a response from either organization. We directly contacted 12 consultants we were aware of from advertisements and Purchasing also advertised for the RFP. We received only three responses; E. B. Jacobs, Inc. $332,010 Morris & McDaniel $548,220 Outtz & Associates $227,000 A copy of a summary of each response is attached. The full responses are available for your review. A committee comprised of myself, Olivia Licata, Carolyn Lenczyk, Adam Perry, Kathleen Sellers and Dr. Nancy Abrams reviewed each proposal. We unanimously agreed that the responses should be ranked as shown above. However, we do not believe that Outtz & Associates offered a viable proposal and they should be removed from further consideration. We also unanimously agreed that either E. B. Jacobs or Morris & McDaniel meet the necessary criteria and would perform adequately in preparing the examination and offering the necessary support. As you know, no permanent promotional appointments can be made until these examinations are developed and administered. The consultants cannot be retained until the Common Council approves the contract. We are under Court Order to administer a fire promotional exam immediately, and any significant additional delay could subject the City to serious consequences. HR and inside and outside counsel have done everything possible to complete the process of getting the exam developed and administered, so you have been advised by the City's attorneys that any additional delay by the Common Council in approving one of the tests may be seen by the Court as willful failure to comply. As such, immediate action is necessary Accordingly, we await your direction on this matter. REFERRED TO THE COMMITTEE ON FINANCE NO. 44 BANNING WILD ANIMALS IN THE CIRCUS Dear Chairperson Fontana and Members of the Committee: We represent Feld Entertainment, Inc., parent company to Ringling Bros- and Barnum & Bailey Circus. January 30, 2007 1 attended your Legislative Committee Meeting where banning the wild animals from the circus was discussed. Chairperson Fontana asked for copies of laws and regulations regarding this issue. Attached please find New York State statutes and regulations regarding the importation, movement and transfer of animals and cruelty to animals that Ringling Bros. must follow. Also, enclosed is the NYS Fish and Wildlife license which must be renewed every year. In addition to State law, they must also follow local laws in the various cities they perform and federal law which is enforced by the USDA under the Animal Welfare Act. Ringling Bros. first performed in Buffalo in 1919 and has visited more than 50 times since. The circus has a significant impact on the economy of Buffalo, Typically, $1.4 million is received by the City of Buffalo which includes among other things, license fees, arena Tess and food for the animals. Another $1 million is generated, in revenue, from suppliers creating jobs, paying wages and salaries, money spent by employees of Ringling Bros. while they are performing in the city, the people who come to the city to see the circus and much of the income from the jobs created is spent and re- spent in the community. In the last five years, Ringling Bros. has played in nine different cities in New York State. There was a local inspection done in Albany in 2004, in NYC they were inspected in 2001 and 2002 by ASPCA, and the Nassau County Long Island Humane Society has inspected every performance from 1999 to 2005. Ringling Bros. has also been inspected at least once a year in New Jersey venues by the NJ Fish and Wildlife. They are also inspected once a year in Philadelphia after NYC every year, in Norfolk, VA every year three years before going into New York and in Providence RI usually two weeks after NYC. All of these agencies give them good reports, but they are usually verbal as reports are only written when a noncompliance is found. If you have any further questions, please do not hesitate to contact us. RECEIVED AND FILED NO. 45 REQ CONSOLIDATION BPMB & BEMC I am writing as Interim Chair of the Buffalo Environmental Management Commission (BEMC) to endorse the proposed legislation being considered by the Common Council, which would reconfigure the Buffalo Pest Management Board (BPMB) as a subcommittee of the BEMC. As I read the proposed legislation, the new Pest Management subcommittee would retain all the rights and responsibilities that it had under the earlier legislation creating the BPMB. As a member of both organizations, I have recognized that the downsizing of city and council staffing has meant that many volunteer advisory boards like BPMB have lost staff support that existed previously. BPMB has statutory responsibilities on monitoring the pesticide phaseout described in the legislation forming the Board. Without dedicated staff, members of BPMB have straggled to provide appropriate input to City leadership. David Hahn Baker and 1, who are members of both organizations, have had many long discussions about a consolidation as a means to recognize the city staffing limits and still provide valuable services to the Council and Administration. This approach of combining overlapping responsibilities on environmental issues is hopefully a model for other city advisory boards. Several months ago, BPMB began pursuing this proposal with your office as a means to strengthen both organizations and improve communications, by sharing staff support. I heartily endorse this approach as a model to streamline input into the administration and Council. I also strongly urge that this consolidation effort be passed by Council. I know that David Hahn Baker and I share enthusiasm for this legislation. I thank you for your help and leadership on this issue- Your direct interest in, and understanding of, the operations of both organizations has been a strong point for the membership. RECEIVED AND FILED NO. 46 J. OF BUFFALO WATER BILL EDDY -CITY Please file the attached document for the upcoming Common Council Session to be held on February 20, 2007. Thank you in advance for your assistance in this matter. Sincerely, Michael P. Kearns South District Councilmember NOTICE OF INTENT TO DISCONNECT WATER SERVICE Your water account with the City of Buffalo Division of Water remains seriously past due. Because you have failed to remit your balance in full or to enter into mutually satisfactory repayment arrangements, your water service may be disconnected at anytime. If water service to the above address is terminated, you may be required to pay the past due balance in full. In addition: 1.5% Interest added monthly to the existing bill 21 % Commission added to delinquent balances Reconnection fee PLEASE SETTLE YOUR ACCOUNT TODAY TO PREVENT ANY FURTHER ACTION BY US Detach and Return This Stub with Your Payment in the enclosed envelope. Thank you. Water Account No.: 12677400 Service Location: 80 GOOD Total Due: 116.16 Total Payment Enclosed: $ REFERRED TO THE COMMITTEE ON FINANCE AND AMERICAN WATER WORKS NO. 47 LETTER FROM JIM AND ROBIN SMITH REQUEST TO PURCHASE NEIGHBORING PROPERTY Please file the attached item from Mr. And Mrs. Jim Smith Of237 Abby St. They are interested in purchasing property adjacent to their house. Please file the items for further discussion at the next Common Council session to be held on February 20, 2007. Thank you for your attention to this matter. Michael P. Kearns South District Councilmember REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ECONOMIC DEVELOPMENT, PERMITS AND INSPECTIONS NO. 48 MEMORANDUM M. CARLONI, AID FOR HICKORY WOODS RESIDENTS I would like to file the attached information for the next Common Council meeting to be held on February 20, 2007. 1 am writing to you in regards to my home at 11 Boone Street, in the Hickory Woods neighborhood in South Buffalo. First, I commend your efforts to work with the new administration, in an effort to resolve the situation in my neighborhood; I pray that your efforts are successful. My house is in desperate need of improvements, namely the foundation, which is in horrible shape. These repairs need to be completed within the year. My question is this: will money be made available to residents in Hickory Woods in order to make improvements? Again, I appreciate your work, but I do not know what I should do. I cannot afford to put money into my home if no resolution is going to be made to help the residents of Hickory Woods. I would like to stay in my home, but I wonder if I should abandon my home and move on, as there has been no formula drawn up by the City of Buffalo to right this wrong and help us, the residents. I appreciate any information and help that you could offer my neighbors and me. I can be reached at 822 -9280. 1 thank you, in advance, for your time and consideration. REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT NO. 49 TIME WARNER CABLE - SUBSCRIBER INFORMATION AND CUSTOMER RATES Please file the attached items from Time Warner regarding cable rates and subscriber stats for the City of Buffalo. Also attached is a copy of a Buffalo News article from February 13, 2007, which talks about cable tiers and rates. Please file the items for further discussion at the next Common Council session to be held on February 20, 2007. Thank you for your attention to this matter. South District Councilmember REFERRED TO THE COMMITTEE ON LEGISLATION, NO. 50 BUFFALO NEWS ARTICLE - HICKORY WOODS Please file the attached document for the upcoming Common Council Session to be held on February 20, 2007. Thank you in advance for your assistance in this matter. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 51 INFO RESEARCH CENTER FOR STROKE AND HEART DISEASE Info Available for review in the City Clerk's Office RECEIVED AND FILED NO. 52 LIVING WAGE MEMORANDUM FORMS Enclosed is a copy of our revised Application for Contract form. This is the form that employers must submit with their bids and proposals. Please recall that this can include leases and other contracts in which the City receives money instead of paying it. Please make sure to include this form with all bid specifications, RFPs, etc. and forward the Application from the winning bidder to us. You do not need to use this form for purchases of materials. We have simplified the form to make it as user - friendly as possible and to allow contractors who fall under one of the exceptions to the Ordinance to indicate that and not fill out the rest of the form. MEETINGS Some departments and boards have not yet responded to our request to meet with you and discuss the contracts that you make. If you have not met with us yet, please call Susan Swarts at 852 -4191, ext. 117, to arrange a meeting. Most departments are still not complying with the Ordinance by using the Application for Contract form and forwarding it to us. This can result in serious legal difficulties for employers and the City. If you have any concerns or questions about complying with the Ordinance, we would be more than happy to help. Living Wage Rate Change The City has just acted to add a cost -of- living- adjustment to the Ordinance. As of March 24, 2007, the new living wage rate will be $9.59 with health benefits and $10.77 without health benefits. The 2007 rates are based on the inflation that occurred in 2004 and 2005. Under the amended Ordinance, beginning on January 1,2008, the living wage rate will rise automatically based on the inflation that took place in the year preceding the prior year, as measured by the Department of Labor's Consumer Price Index for all urban consumers (CPI -U). For example, on January 1, 2008, the rate will rise based on the 2006 inflation rate of 3.2% to $9.90 with health benefits and $11.11 without health benefits. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 53 S. STACHOWSKI RESOLUTION CCP# 103 SUPPORT FOR AN ADDITIONAL HOUSING COURT JUDGE FOR THE CITY OF BUFFALO Please file response from Senators Stachowski, Thompson and Volker for the next Common Council Meeting. RECEIVED AND FILED NO. 54 RIVERWRIGHT ETHANOL ENERGY PROJECT 139 BUFFALO RIVER, BUFFALO NY DESIGN AND SITE PLAN APPLICATION Enclosed please find a full copy of the Design and Site Plan Application, a copy of the Full Environmental Assessment Form, Parts I and II, and all supplemental attachments to the Full EAF (Attachments 1 through 24) for filing in the above - entitled matter. Please contact me at any time with any questions regarding the above. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 55 RIVERWRIGHT ETHANOL ENERGY PROJECT, 139 BUFFALO RIVER, BUFFALO NY With respect to the above - captioned project, enclosed for each of you please find a copy of the Buffalo Common Council Notice of Special Legislation Committee Public Meeting held on Tuesday, January 30, 2007 in Council Chamber, together with a copy of the transcript of that Special Public Hearing. REFERRED TO THE COMMITTEE ON LEGISLATION PETITIONS NO. 56 J. SHEPARD, OWNER, USE 256 ALLEN - EATING /DRINKING ESTABLISHMENT (ELL) (HRG. 2/27) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 57 J. ALLEN, OWNER, USE 263 AKA 285 WASHINGTON- GROUND SIGN (ELL) (PHONE #947 -9008) The attached is for Common Council Approval; but per Permits, no public hearing is required. REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD. NO. 58 PETITION TO CALM TRAFFIC ON STARIN AVENUE Please file the attached item for further discussion at the next Common Council session to be held February 20, 2007. Thank you in advance for your assistance in this matter. RESIDENTS' PETITION FOR TRAFFIC CALMING ON STARIN AVENUE We, the undersigned residents and neighbors of Starin Avenue, hereby petition the city of Buffalo to remove the No Parking 7:00 - 9:00 am and 4:00 - 6:00 pm signs, and restripe the road to add a parking lane with alternate parking on our street. We believe that these changes are necessary to improve safety in our residential neighborhood for the following reasons: The existing signs encourage the use of two traffic lanes in each direction during the morning and afternoon peak traffic time, while the road is too narrow to safely support the use of two lanes. The existing signs also encourage speeding and erratic driving by commuters as they illegally pass other vehicles on the right and weave in and out of traffic, which has resulted in several traffic accidents and "near- misses" recently. Starin Avenue is a residential street with many young families. Several major routes (i.e. Hertel Avenue, Kenmore Avenue, Richmond Avenue, Forest Avenue, McKinley Parkway, and even Niagara Street near Riverside Park) have been converted successfully to one lane in each direction while handling substantially more traffic. The City must now concede that prompt action is necessary to improve safety in our neighborhood. We would be happy to consider other ideas the City may have, if they are applicable to improving our street's safety. We ask that we be involved in the decision making process. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS AND THE COMMISSIONER OF POLICE REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 59 APPOINTMENT SR. SPECIAL ASSISTANT TO COMM. (MAX) (EDPI) (ITEM NO. 21 -FEB. 6, 2007) That Communication 21, Feb. 6, 2007 be received and filed and the provisional appointment of Christopher T Johnston stated above at the maximum starting salary of $39,168.00 effective on January 26, 2007 is hereby approved. PASSED. AYES -9. NOES -0. NO. 60 NOTICES OF APPT.- TEMP. /PROV. /PERM. (C. CLK.) ( #27, 2/6) That the above item be and the same hereby is received and filed. ADOPTED. NO. 61 NOTICES OF APPT.- TEMP. /PROV. /PERM. (C. CLK.) ( #28, 2/6) That the above item be and the same hereby is received and filed. ADOPTED. FINANCE (BRIAN C. DAVIS, CHAIRMAN) NO. 62 D. BONIFACIO & B. DAVIS -K. HELFER -FIN. STATEMENT ENDING 11/30/06 BUFFALO CIVIC AUTO RAMPS (#47, 1/23) That the above item be and the same hereby is received and filed. ADOPTED. NO. 63 CONTRACT FOR FIRE PROM. EXAMS ( #67,10/17) ( #69,9/5) (HR) (#82,10/31) That the above item be and the same hereby is received and filed. Mr. Davis made a motion to rescind said motion. Seconded by Mr. Bonifacio ADOPTED. Mr. Davis made a motion to recommit said item to the Committee on Finance. ADOPTED. NO. 64 UTILITY EASEMENT AGREE. -NATL. GRID -USE OF 157 ELK -SCH. #33 (FILL) (ST. PL.) (#4, 1/23 That the above item be and the same hereby is approved. PASSED AYES — 9 NOES- 0 NO. 65 BLOCK LOANS FOR OUT OF TOWN LANDLORDS (EXC. 1 RES.) ( #112,10/31 That the above item be and the same hereby is received and filed. ADOPTED. NO. 66 USE THE INNOVATIVE "SEGWAY HUMAN TRANSPORTER" BY COB (EXC. FIN. RES.) ( #182, 7/25) That the above item be and the same hereby is referred to the Special Committee on Budget. ADOPTED. NO. 67 D. BONIFACIO -P. ALMODOVAR -MTG. & TOUR OF COB (#46, 1/23) That the above item be and the same hereby is received and filed. ADOPTED. NO. 68 ELIMINATING RENTED OFFICE SPACE BY SWAPPING OTHER VACANT OFFICES (EXC. 2 RES.) ( #106, 2/21) That the above item be and the same hereby is received and filed. ADOPTED. LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 69 STREET NAMING - GLADYS HOLMES BOULEVARD - STREET LOCATED WITHIN THE FREDERICK DOUGLAS TOWERS REDEVELOPMENT PROJECT CCP #21- JANUARY 23, 2007 That the above item be and the same is returned to the Common Council without recommendation. A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News for two consecutive weeks, a copy of which is attached hereto. On a motion by Mr. Bonifacio, seconded by Mr. Fontana, the item is properly before the Common Council, and the hearing is opened. Seconded by Mr. Kearns. CARRIED Appearances: In Favor: Mr. Davis Mr. Bonifacio moved that the hearing be closed. Seconded by Mr. Fontana. CARRIED. Mr. Bonifacio now moved that, after the required public hearing held by this Common Council, the above item be and the same hereby is approved. Seconded by Mr. LoCurto. PASSED. AYES -9. NOES -0. NO. 70 STREET NAMING -MARY B. TALBERT BOULEVARD STREET LOCATED WITHIN THE FREDERICK DOUGLAS TOWERS REDEVELOPMENT PROJECT CCP #22- JANUARY 23, 2007 That the above item be and the same is returned to the Common Council without recommendation. A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News for two consecutive weeks, a copy of which is attached hereto. On a motion by Mr. Bonifacio, seconded by Mr. Fontana, the item is properly before the Common Council, and the hearing is opened. Seconded by Mr. Golombek. CARRIED. Appearances -In Favor: Mr. Davis Mr. Bonifacio moved that the hearing be closed. Seconded by Mr. Fontana CARRIED Mr. Bonifacio now moved that, after the required public hearing held by this Common Council, the above item be and the same hereby is approved. Seconded by Mr. Kearns. PASSED. AYES -9. NOES -0. NO. 71 STREET NAMING - GLADYS HOLMES & STREET NAMING -MARY B. TALBERT (POL) ( #15, 2/6) That the above item be and the same hereby is received and filed. ADOPTED. NO. 72 NOTICE OF INTENTION - STREET NAMING - GLADYS HOLMES BLVD. (C. CLK.) ( #22, 2/6) That the above item be and the same hereby is received and filed. ADOPTED. NO. 73 NOTICE OF INTENTION - STREET NAMING -MARY B. TALBERT BLVD. (C. CLK.) ( #23, 2/6) That the above item be and the same hereby is received and filed. ADOPTED. NO. 74 J. MONTE MARO-US PS-STREET NAMING - GLADYS HOLMES BLVD. & MARY TALBERT BLVD. (#43, 2/6) That the above item be and the same hereby is received and filed. ADOPTED NO. 75 J. DOUGHERTY, AGENT, USE 160 DELAWARE- GROUND SIGN (ELL) (HRG. 2/13) ( #51, 2/6) That the above item be and the same hereby is approved. PASSED AYES -9. NOES -0. NO. 76 LOCAL LAW INTRO #1 (2007) -BOARD AND COMMISSIONS ( #103, 2/6) That the above item be and the same hereby is approved. PASSED AYES -9. NOES -0. NO. 77 ORD. AMEND.- CHAPTER 6- BOARDS, COMMITTEES, AGENCIES & COMMISSIONS ( #104, 2/6) That the above item be and the same hereby is approved. PASSED. AYES -9. NOES -0. NO. 78 ORD. AMEND.- CHAPTER 137 -CODE ENFORCEMENT (LODGING HOUSE) ( #99, 2/6 That the above item be and the same hereby is approved. PASSED AYES -9. NOES -0. NO. 79 ORD. AMEND.- CHAPTER 175 -FEES (LODGING HOUSE) ( #100, 2/6 That the above item be and the same hereby is approved. PASSED AYES -9. NOES -0. NO. 80 ORD. AMEND.- CHAPTER 269- LODGING HOUSE ( #101, 2/6 That the above item be and the same hereby is approved. PASSED AYES -9. NOES -0. NO. 81 USED CAR DEALER -2140 GENESEE (LOVEJOY) (EDPI) (# 19, 2/6) That the above item be and the same hereby is approved. PASSED. AYES -9. NOES -0. NO. 82 MEM. NYS TO PROHIBIT THE CO- MINGLING OF LEGAL AGE /UNDERAGE PATRONS IN DRINKING ESTABLISHMENTS (EXC. LAST RES.) (#62,1/9) That the above item be and the same hereby is received and filed. ADOPTED. NO. 83 D. BONIFACIO- CREATION OF LEGISLATION - PROHIBIT CO- MINGLING OF LEGAL AGE /UNDERAGE PATRONS IN DRINKING ESTABLISHMENTS (#49,1/23) That the above item be and the same hereby is received and filed. ADOPTED. NO. 84 ENCROACHMENT INTO CITY ROW -100 SENECA ST. (ELL) (PW) (#22,11/28) That the above item be and the same hereby is referred to the Common Council without recommendation. Mr. Fontana moved: That the above item be and the same hereby is recommitted to the Committee on Legislation. ADOPTED. COMMUNITY DEVELOPMENT (Joseph Golombek Jr., Chairman) NO. 85 J. Golombek -BERC Renewal Contract -Youth Architectural, LLC /Consultants ( #55 1/23) That the above item be and the same hereby is received and filed. ADOPTED. NO. 86 Req. New Ellicott Urb. Renewal Plan Prior to Aug. 2007 Expiration (Exc. 1 Res.) ( #109,10/31 That the above item be and the same hereby is approved PASSED AYES — 9 NOES — 0 RESOLUTIONS NO. 87 RESOLUTION By: Mr. Bonifacio Trailblazing Signs Whereas: Trailblazing Signs, otherwise known as honorary street names, are generally assigned to honor and commemorate persons associated with the City of Buffalo; and Whereas: Members of the Buffalo Common Council receive numerous and varied requests per year for Trailblazing Signs from residents of the City of Buffalo; and Whereas: The Common Council desires to establish a uniform guideline to govern the honorable naming of a City of Buffalo street, where both the needs of the City are met and where the appropriate respect is exhibited towards the recipient of the Trailblazing street naming; and Now, Therefore Be It Resolved: That the Common Council of the City of Buffalo hereby supports the establishment of a new Trailblazing Sign Policy that meets the needs of the City of Buffalo and exhibits the appropriate respect towards the recipient of the Trailblazing street naming; and Be It Further Resolved: That the Common Council feels the new Trailblazing Sign Policy should require that the honored recipient of the street naming be a noteworthy person who has made a sustained contribution over a long period of time and be directly related to the street /street segment at the location specified in the proposal requesting a Trailblazing Sign, that there will only be one honorary street sign per fight -of -way and that the designated area is to be no more than three blocks in length, that a petition containing the signatures of at least 75% of the affected area be submitted with the Trailblazing Sign request, that a $250 fee be administered to take into account the construction and maintenance of the sign, and finally that the City has the right to remove the sign immediately for reasons deemed appropriate; and Be It Finally Resolved: That this new Trailblazing Sign Policy goes into affect upon its adoption. ADOPTED 1 st RESOLVE REMAINDER TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF PUBLIC WORKS, PARKS, STREETS AND CORPORATION COUNSEL NO. 88 Resolution By: Brian C. Davis Trailblazing Signage for Virginia Street as "Alice Ramadhan Way" Whereas: Alice Adams Ramadhan is one of the City of Buffalo's most renowed musicians and vocalist. Alice has offered her musical talents at Friendship Baptist Church, First Shiloh Missionary Baptist Church, and Calvary Baptist Church; and Whereas: Alice is best known for her dedication as a musician for the famous Gayles Family Singers; and Whereas: For all of her contributions, commitment and dedication to both her family and the community of saints, it is fitting to honor Alice Adams Ramadhan; and Whereas: A check in the amount of $185.00 has been forwarded to the City of Buffalo Traffic Engineering Department, the cost associated with the installation of one trailblazing sign and a pole for which the sign will hang from. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo approves the installation of a trailblazing sign, proclaiming Virginia Street, at the comer of Burnie Lane, as "Alice Ramadhan Way "; and Be It Further Resolved: That this Common Council requests that the Department of Public Works to install trailblazing signs which will read "Alice Ramadhan Way" on Virginia Street, facing east on the south side of the street at the corner of Burnie Lane. PASSED AYES — 9 NOES — 0 NO. 89 By: Mr. Davis Transfer of Funds Common Council That pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $10,000 be and the same is hereby transferred within the Common Council and said sum is hereby reappropriated as set forth below: City Clerk - Services 10220006 - 432004 Engineering & Technical $5,500 Legislative - Personal Services 10114001 - 411001 Annual Salary $4,500 Legislative - Personal Services 10102001 412002 Hourly Salary $10,000 PASSED AYES — 9 NOES — 0 NO. 90 RESOLUTION Sponsor: Mr. Fontana Co- Sponsor: Mr. Kearns, Mr. Smith Family Attractions at Erie Canal Harbor Whereas: With the recent installation of the "Whipple Truss Bridge" over the rewatered Erie Canal Harbor, visible signs that the Erie Canal Harbor is starting to take shape are being seen all along the inner harbor area, also known as Canal Side, near the old Memorial Auditorium; and Whereas: The Erie Canal Harbor Development Corporation has talked about development to include, a major retailer, and a wide variety of mixed uses, including retail, a marketplace, and a visitors center; and Whereas: Development talk so far has centered on bringing a Bass Pro to the vacant Memorial Auditorium or another site along the waterfront; and Whereas: People want to have access to and enjoy the waterfront and all of its beauty. They also want family - friendly activities and attractions on the waters edge; and Whereas: Family attractions built along the waterfront will not only attract local families, but will also bring in visitors and tourists who are in the area or visiting nearby Niagara Falls; and Whereas: On of the biggest complaints the Convention and Visitors Bureau hears from prospective visitors to the area is that there is a lack of family - friendly activities and attractions in the downtown core; and Whereas: To compliment the Naval and Serviceman's Park, such attractions as an indoor water park, children's museum, or an aquarium are needed to bring critical mass to the area on a year -round basis; and Whereas: The old Memorial Auditorium would be an ideal site for a family - themed entertainment complex; and Whereas: The Erie Canal Harbor Development Corporation serves as the focal point for overseeing planning and development of the inner harbor area, which includes the Erie Canal Harbor site and the old Memorial Auditorium; and Now, Therefore be it Resolved That: The Common Council of the City of Buffalo supports and encourages the development of family based attractions at Canal Side on and around the Erie Canal Harbor; and Be it Further Resolved That: The Erie Canal Harbor Development Corporation outline its plans for development of the Erie Canal Harbor area known as Canal Side; and Be it Finally Resolved That: This item is referred to the appropriate Committee of the Council for further discussion and consideration. ADOPTED 1 sT &2 ND RESOLVE REMAINDER REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 91 By: Mr. Franczyk City of Buffalo Local Law No. (2007) Introductory No. 2 (2007) A LOCAL LAW amending the Charter of the City of Buffalo in relation to the Department Management Information Systems BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOW: Section 1. That Article 9 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follow: ARTICLE 9, Department of Management Information Systems § 9 -1. [Commissioner] Chief Information Officer (CIO) of Management Information Systems. The [commissioner] Chief Information Officer of management information systems shall be the head of the department of management information systems. The [commissioner] Chief Information Officer will provide technology vision and leadership for developing and implementing information technology (IT) initiatives that improve cost effectiveness, governmental service quality, and business development. The [commissioner] Chief Information Officer will provide leadership in planning and implementing enterprise information systems to support government operations, and achieve more cost beneficial enterprise -wide IT operations. The [commissioner] Chief Information Officer shall have comprehensive knowledge of the business principles and techniques of administration, organization, and management to include an in -depth understanding of the key business issues that exist in civic government, including but not limited to: knowledge of strategic and operational planning; governmental economics; personnel administration; applicable federal, state and local laws; marketing, financial and costs analysis; and trends in New York State municipalities, and municipal administrative theory and practice. § 9 -2. Appointment and Removal. The [commissioner] Chief Information Officer of management information systems shall be appointed by the mayor, the comptroller, and the president of the council acting conjointly and by a majority thereof. Such appointment shall be made subject to confirmation by the common council. The [commissioner] Chief Information Officer may be removed at the pleasure of the mayor, the comptroller, and the president of the council acting conjointly and by a majority thereof. § 9 -3. Qualifications of [Commissioner] Chief Information Officer. The [commissioner] Chief Information Officer shall have the following qualifications: [(a)A master's degree from an accredited college or university in management information systems, computer science or related computer field or in civic or business administration, or other evidence of substantial business knowledge, and two years of full -time administrative or supervisory experience in the electronic data processing field; or (b)A bachelor's degree from an accredited college or university in management information systems, computer science, or related computer field or in business or in public administration and four years of full -time administrative or supervisory experience in the electronic data processing field; or (c)Any satisfactory equivalent combination of the foregoing training and experience.] A. Education. The Chief Information Officer of Management Information Systems shall possess a Bachelor's degree in Computer Science, Management Information Systems, Business Administration or a related field, a master's degree in Computer Science, Management Information Systems, Civic or Business Administration, or related field, or other evidence of substantial business knowledge or satisfactory equivalent combination of the foregoing as deemed appropriate by the appointing officers acting conjointly and by a majority thereof. B. Required Experience. The Chief Information Officer of Management Information Systems shall possess at least 10 years of progressive experience in managing functions and departments dealing with information handling, work flow and systems. Three or more years of direct management of a major IT organization is preferred. Two or more years of experience in a civic or governmental setting also are desirable, preferably in IT planning to support strategic business goals. Experience should also include substantial exposure to both in -house and shared or outsourced systems, multiple hardware platforms, and integrated information and communications systems. Specific experience with governmental administration management information systems is desirable. C. Required Knowledge, Skills, and Abilities. The Chief Information Officer shall possess a comprehensive knowledge of: 1. Business principles and techniques of administration, organization, and management to include an in -depth understanding of the key business issues that exist in civic government. These include, but are not limited to, knowledge of strategic and operational planning, governmental economics, personnel administration, federal, state and local laws, marketing, financial and cost analysis, trends in New York State municipalities, and municipal administrative theory and practice. 2. Data processing methods and procedures, and computer software systems. 3. Equipment and software characteristics of various computer systems and a general understanding of system features and their integration capabilities. 4. Project management practices appropriate to an information technology environment. 5. Systems design and development process, including requirements analysis, feasibility studies, software design, programming, pilot testing, installation, evaluation and operational management. 6. Information security practices and standards appropriate for a municipal government and practices related to disaster recovery and business continuity. 7. Business process analysis and redesign The Chief Information Officer of Management Information Systems shall have proven skills in written and verbal communication; negotiating with vendors, contractors, and others; budget preparation and monitoring: planning and organizing; management and leadership; interpersonal relationship building; demonstrated ability to: relate to all levels of the user community, plan, implement and support systems in a complex municipal government environment, set and manage priorities, comprehend complex, technical subjects, translate technical language to lay audiences, link and apply complex technologies to business strategies, and create and motivate behavior change. § 9 -4. Duties and Powers. The [commissioner] Chief Information Officer of management information systems shall provide technology vision and leadership for developing and implementing information technology (IT) initiatives that improve cost effectiveness, governmental service quality, and business development. The Chief Information Officer shall provide leadership in planning and implementing enterprise information systems to support government operations and achieve more cost beneficial enterprise -wide IT operations. The Chief Information Officer provides strategic and tactical planning, development, evaluation, and coordination of the information and technology systems for the City of Buffalo. This position is designed to ensure the continuous delivery and operation of integrated administrative and governmental information systems. The Chief Information Officer is responsible for the management of multiple information and communications systems and projects, including administrative transactions, voice, data, imaging, and office automation. The Chief Information Officer is responsible for coordination, facilitation, and consultation with City of Buffalo staff on information systems, communications, and management systems initiatives. The Chief Information Officer shall ensure that the City is current with the information systems standards set by the State of New York, and other governmental and regulatory entities, as appropriate. The Chief Information Officer serves and participates proactively with other members of the City's senior management team in developing and executing strategic plans to optimize the use of information technology in support of City government objectives. The Chief Information Officer also participates in policy and decision - making at the senior management level regarding resource allocation and future direction and control of proposed information systems. The Chief Information shall be responsible for the following: (a)AII data processing functions and operations of the city; (b)Designing, planning, organizing and directing the development, implementation and evaluation of a computerized management information system, including database and programmatic functions; (e)Overseeing hard and soft application of all systems software; (d)Supervising maintenance of the management information system; (e)Evaluating computer hardware and software acquisition; (f)Working with consultants and vendors on equipment problems; (g)Developing and evaluating standards of performance for the management information system and operating policies; (h)Training, assigning and coordinating the work of management information personnel; (i)Ensuring prompt feedback to users of computer services in the city; (j)Conferring with the comptroller, commissioners, directors and other city officers and personnel regarding computer applications, information needs, service requirements, operational problems, strategic planning, and changes in operating procedures; (k)Identifying means of improving the efficiency and effectiveness of the management information system; and (1)Such other powers and duties as shall be granted to the [commissioner] Chief Information Officer. (m)The [commissioner] Chief Information Officer will participate in the strategic planning process of the City, and develop, coordinate and maintain IT systems strategic and operational plans in support of the City's overall mission and business strategy. (n)The [commissioner] Chief Information Officer will provide strategic and tactical planning, development, evaluation, and coordination of the information and technology systems for the City of Buffalo, and will ensure the continuous delivery and operation of integrated administrative and governmental information systems. (o)The [commissioner] Chief Information Officer is responsible for the management of multiple information and communications systems and projects, including administrative transactions, voice, data, imaging, and office automation. The [commissioner] CIO shall also be responsible for the coordination, facilitation, and consultation with City of Buffalo staff on information systems, communications, and management systems initiatives, and will ensure that the City is current with the information systems standards set forth by the State of New York and other governmental and regulatory entities as appropriate. (p)Establishes IT service level agreements with user organizations, and monitors IT systems performance to assure service levels are being met. (q)Develop policy and procedures and ensure the protection of City IT assets, and the security and privacy of 1. Planning: information entrusted to or maintained by the City. (r)Prepare the annual operating and capital budgets for City IT systems operations consistent with City priorities and established financial guidelines. The Chief Information Officer of Management Information Systems shall have additional responsibilities including but not limited to: a. Participates as an integral and active member in the strategic planning process of the City's enterprise. b. Develops, coordinates, guides and maintains IT systems strategic and operational plans in support of the Cites overall mission and business strategy. These plans define a vision for meeting current and future information and technology needs for the City, while ensuring alignment and integration of IT with the overall vision, mission, and values of the enterprise. c. Develops and maintains an enterprise systems architecture, defining standards and protocols for data exchange, communications, software, hardware and interconnection of City information systems. 2. Leadership: a. Provides advice on evaluation, selection, implementation and maintenance of information systems, ensuring appropriate investment in strategic and operational systems. b. Facilitates negotiations for all IT acquisition contracts, soliciting involvement and participation of other management team members as appropriate. C. Provides responsive advice, counsel, education and service to the City concerning IT issues and trends in the IT industry. d. Communicates IT plans, policies and technology trends throughout the organization, including management groups and professional staff. e. Determines pertinent information required by management in making effective decisions. Ensures that the gathering, processing, distribution and use of this information occurs in a timely, accurate and cost effective manner through on -going review and education programs at executive, management and business levels. f. Promotes and oversees relationships between the City's IT resources and external entities (e.g., government, vendors, and other civic organizations). 3. Management and Oversight: a. Approves, coordinates, and controls all projects related to selection, acquisition, development, and installation of information systems for the City. b. Develops and maintains an appropriate organizational structure to support the information needs of operating entities through appropriate and cost - effective information technology. C. Develops and maintains IT policies and standards relating to the acquisition, implementation, and operation of information technology and communication systems. d. Establishes IT service level agreements with user organizations and monitors IT systems performance to assure service levels are being met. e. Researches and evaluates alternatives for the enhancement or re- engineering of IT. f. Develops, coordinates and manages the incorporation of enhancements to and re- engineering of the Cites systems, in keeping with the needs and objectives of the enterprise. g. Provides quality service to end users in needs analysis, solution recommendation, vendor selection, implementation, training, and post - installation support. h. Ensures that enterprise information systems operate according to internal standards, external accrediting agency standards, and legal requirements. i. Develops and enforces policy and procedures to ensure the protection of City IT assets and the integrity, security and privacy of information entrusted to or maintained by the City. i. Develops and maintains an enterprise -wide recovery plan to ensure timely and effective restoration of IT services in the event of a disaster. 4. Departmental Budgetary Management: a. Develops and maintains the annual operating and capital budgets for City information and technology systems operations consistent with City priorities and established financial guidelines. b. Responsible for monitoring IT activities and costs as related to the overall utilization of resources required to meet operational requirements. C. Develops and maintains organizational policies and standards aimed at minimizing costs related to the acquisition, implementation and operation of IT systems. d. Maintains contact with IT suppliers and maintains knowledge of current technology, equipment, prices and terms of agreements to minimize the investment required to meet established service levels. Evaluates alternatives, performs appropriate cost benefit analysis, and recommends solutions that minimize costs commensurate with acceptable risks. e. Reviews City -wide hardware and software acquisition and maintenance contracts, soliciting involvement and participation of other management team members as appropriate. f. Develops, when possible and appropriate, City -wide master purchase or lease agreements for hardware, software, maintenance and telecommunication services. Section 2. Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions of this law shall be controlling. Section 3. This local law shall take effect immediately upon its passage. 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 Note: Matter underlined is new, Matter in brackets is to be deleted. PASSED AYES — 7 NOES — 2 AYES — BONIFACIO, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RUSSELL AND SMITH - 7 NOES — DAVIS AND FONTANA - 2 NO. 92 BY: MR. FRANCZYK BUDGET AND PERSONNEL AMENDMENT 08 — DEPARTMENT OF MANAGEMENT INFORMATION SYSTEMS 1071 — MANAGEMENT INFORMATION SYSTEMS The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 08 - Department of Management Information Systems, 1071- Management Information Systems, which currently reads: 1 Commissioner of Management Information Services $ 70,136 - $74,405 Is hereby amended to read: 1 Chief Information Officer $135,000 IT IS HEREBY CERTIFIED, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. That a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position BYRON W. BROWN MAYOR AND JANET PENKSA, COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS, hereby certify that the above change is necessary for the proper conduct, administration and performance &essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. MAYOR COMISSIONER OF ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS We, Byron W. Brown, Mayor and Andrew A. SanFillippo, Comptroller, pursuant of Section 24 -15 the Charter of the City of Buffalo hereby certify that contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the increase in compensation provided for the positions set forth in the foregoing ordinance. APPROVED AS TO FORM PASSED AYES — BONIFACIO, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RUSSELL, SMITH - 7 NOES — DAVIS, FONTANA -2 NO. 93 BY MR. FRANCZYK AND ALL COUNCILMEMBERS OPPOSE SALE OF ALBRIGHT KNOX PERMANENT COLLECTION WHEREAS: The Board of Directors of the Albright -Knox Art Gallery recently voted to "deaccession," or sell off a large portion of the most important works of art from its permanent collection; and, WHEREAS: Many &these works of art, which are thousands of years old, represent the artistic achievement of Europe, Africa, Asia and the Americas; and, WHEREAS: Western New Yorkers will be denied the opportunity of seeing and appreciating these masterworks if the Albright -Knox allows the Sotheby's auction house to orchestrate their disappearance into the private homes &wealthy art collectors; and, WHEREAS: Much of the art was, in fact, donated by the wealthy at a more affluent time in Buffalo's history for tax benefits in return for those works being in the public trust, available to be seen and admired by all; and, WHEREAS: Many in the community have no quarrel with the Albright - Knox's stated goal of augmenting its modern or contemporary art collection, but that it should not be done through the sale of so many works of art that provided the historic link and inspiration for artists throughout the centuries; and, WHEREAS: It is unknown if much of the new art acquired by the gallery will "stand the test of time," as have the artworks proposed for sale, which in some instances have been recognized as masterpieces; and, WHEREAS: There has been some suggestion that only the interest of the estimated $17- million raised from the sale of older art will be used to buy contemporary art, a comparatively small number given the costs of art on the market today; WHEREAS: Among those masterpieces which will be lost to the community are the beautiful ancient Graeco -Roman bronze "Artemis and the Stag," thought to reap in over $7- million, African tribal masks and 17 century tribal bronze head, ancient Indian sculpture and artifacts, Native American works of art and paintings by European Masters among many other works; and, WHEREAS: The Albright -Knox Art Gallery original building is a good repository for ancient and older art, designed as it is in a neo- classical style, with ancient Greek -style caryatids holding up the portico, which was the last commission of renowned sculptor, August St. Gaudens; and, WHEREAS: The Common Council believes it has a role to play when a major cultural institution makes a decision which impacts on depleting the community's cultural heritage, as well as possible negative impacts on promoting tourism to the Albright -Knox and the City of Buffalo; NOW THEREFORE BE IT RESOLVED: That the Common Council invite interested members of the public, including the Board Members and staff of the Albright -Knox Art Gallery as well Buffalo Art Keepers and any other interested parties, to a public hearing on the proposed selling of the artwork in question by the Albright -Knox Art Gallery; and, BE IT FURTHER RESOLVED: That the Common Council is opposed to the wholesale gutting of the Albright -Knox Art Gallery older art collections, suggesting the gallery explore other avenues of raising funds for its modem collection. DAVID A. FRANCZYK ADOPT 2 ND RESOLVE THE 1 ST REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 94 SPONSOR: MR. FRANCZYK, MR. KEARNS FORECLOSURE NOTIFICATION Whereas: There are a large number of foreclosure filings in the City of Buffalo, with more than 700 bank initiated foreclosures involved in Buffalo Housing Court alone in 2006; and Whereas: A foreclosure filing is often an early warning signal that a property is in decline and headed towards vacancy. The beginning of the foreclosure process by Banks and mortgage lenders often causes homeowners to move out of their homes and then fail to properly maintain the properties during the foreclosure process; and Whereas: Banks and other mortgage lenders that initiate foreclosures on homeowners often don't file paperwork or delay filing for months or even years, making it difficult to gauge ownership and responsibility for vacant properties in the city; and Whereas: The presence of vacant properties in Buffalo neighborhoods where the owner cannot be located and the bank or lender is unknown contributes to blight and impacts quality of life in the city and causes difficulties for housing inspectors, police and fire officials who are required to address numerous problems at such properties; and Whereas: Properties in which the foreclosure process was started but not completed often sit vacant and deteriorate to the point that demolition is necessary, with the cost of such demolition incurred by the City of Buffalo; and Whereas: Immediate notice of a foreclosure filing that provides contact information for a bank or lender would assist the City in addressing problems before the structure becomes vacant and abandoned, and provide important contact information should a property become vacant; and Whereas: In 2005 a Notification of Foreclosure Filing ordinance was introduced in Cleveland, Ohio; A copy of the proposed Cleveland Ordinance is attached for reference; and Whereas: A similar ordinance not necessarily requiring the filing of the foreclosure complaint but perhaps a one -page foreclosure notification form, identifying the owner, property address, the lender and contact information for the lender would be very helpful in the City of Buffalo; Now, Therefore be it Resolved That: The Common Council of the City of Buffalo seeks to solicit comments regarding the pros and cons of enacting such an ordinance from: Bruna Michaux Commissioner of Assessment and Taxation, Richard Tobe Commissioner of Economic Development Permits and Inspections, Timothy Wanamaker, Director of Strategic Planning, the Mayor's Anti - Flipping Task Force, the Erie County Bar Association, the Buffalo Niagara Realtors Association, the New York State Banking Department, area banks and mortgage lenders, Hon. Henry Nowak, Buffalo Housing Court Judge, the Good Neighbor Planning Alliances, and the Buffalo Board of Block Clubs; and Be it Further Resolved That: That this item is referred to an appropriate Committee of the Common Council for further discussion and consideration of the comments requested. ADOPT 1 ST RESOLVE THE 2 ND REFERRED TO THE COMMITTEE ON LEGISLATION NO. 95 BY MR. GOLOMBEK COMPLETING THE FORMATION OF A PARKS ADVISORY BOARD Whereas: The City of Buffalo entered into an Intermunicipal Agreement with the County of Erie regarding the operation and management of Buffalo parks; and Whereas: The Intermunicipal Agreement calls for the establishment of an oversight committee to review the operation of parks and to make recommendations with respect thereto; and Whereas: As a follow up to the Intermunicipal Parks Agreement, the Common Council adopted the creation of a Parks Advisory Board in the City Code consisting of 2 representatives appointed by the Mayor, three representatives appointed by the Council President, one representative appointed by the County Executive, one representative appointed by the County Legislature, and one representative appointed by the applicable unions. The City of Buffalo Commissioner of Public Works, Parks and Streets and the Erie County Commissioner of Parks, and the Executive Director of the Buffalo Olmsted Conservancy shall serve as ex- officio members; and Whereas: The Council President has appointed Joseph Randazzo, Louis Petrucci and Joseph Kedron as his three representatives to the Parks Advisory Board. Other representatives must be appointed so that the Parks Advisory Board can address parks related issues; and Now Therefore Be It Resolved That a copy of this resolution be forwarded to the Mayor, the Erie County Executive, the Erie County Legislature, Parks employee unions, the Commissioner of Public Works, Parks and Streets, the Erie County Commissioner of Parks, the Executive Director of the Buffalo Olmsted Conservancy and that the Buffalo Common Council encourages those individuals and entities with the power to appoint representatives to serve on the Parks Advisory Board, do so as soon as possible. Be It Further Resolved That this resolution is referred to an appropriate Committee of the Council for further consideration and discussion of any received comments. ADOPT 1 ST RESOLVE THE 2 ND REFERRED TO THE COMMITTEE ON LEGISLATION 0 WWII BY MR. GOLOMBEK COSPONSOR: MESSRS KEARNS, SMITH AND BONIFACIO OPPOSITION TO OLMSTED CONSERVANCY IMPOSING FEES UPON YOUTH SPORTS ORGANIZATIONS Whereas: The Buffalo Olmsted Parks Conservancy is an excellent Organization that has served as a proud steward overseeing the management of our historic Olmsted Parks; and Whereas: Youth sports organizations are an important part of our community providing many quality activities for children in parks throughout the City of Buffalo, including our Olmsted Parks; and Whereas: On January 12, 2007, the Buffalo Olmsted Parks Conservancy by letter notified youth sports leagues that they will be charged fees for events where gatherings of more than 50 people occur; and Whereas: Most sporting events such as little league football games, baseball games or basketball games attract more than 50 people per game; and Whereas: The January 12, 2007 letter from the Conservancy indicates that events attracting 50 or more people must pay a refundable $1,000 Clean -up deposit, 30 days prior to the event and youth programs will be required to pay a fee of $45 per day per field to pay for the labor costs involved in marking and cleaning up fields; and Whereas: Imposing such fees is a hardship that most organizations cannot afford and will have a severe impact upon the ability of organizations to provide youth programs; and Whereas: The Buffalo Olmsted Parks Conservancy entered into an agreement with Erie County dated July 1, 2004, the City of Buffalo while not a party to the agreement endorsed and acknowledged the agreement as part of the Intermunicipal Cooperation Agreement for City of Buffalo Parklands between the County of Erie and the City of Buffalo; and Whereas: The July 1, 2004 Olmsted Parks Conservancy Agreement states on page 24, Section 21, Park Fees.-"The County, the City and the Conservancy shall establish an oversight committee to review the operation of the Olmsted Parks and Parkways and jointly determine the park fees charged for all events and activities within the Olmsted Parks and Parkways. "; and Whereas: It is clear from the above cited contract section, that prior to unilaterally imposing park fees, the Olmsted Conservancy needs to communicate with the City of Buffalo and the County of Erie for a joint determination to be made of park fees; and Now Therefore Be It Resolved That the Buffalo Common Council opposes the imposition of Clean Up Deposits and fees upon youth sports organizations by the Olmsted Parks Conservancy. As the Olmsted Parks Conservancy Agreement with the County and the City requires that the imposition of park fees be agreed to between all parties. Be It Further Resolved That a copy of this resolution be forwarded to the Mayor, the Erie County Executive, the Erie County Legislature, the Commissioner of Public Works, Parks and Streets, the Erie County Commissioner of Parks, and the Executive Director of the Buffalo Olmsted Conservancy. Be It Finally Resolved That this resolution is referred to an appropriate Committee of the Council for further consideration and discussion of any received comments. ADOPT 1 ST AND 2 "D RESOLVE THE REMAINDER REFERRED TO THE COMMITTEE ON LEGISLATION NO. 97 BY MR. KEARNS AND MR LOCURTO ADDRESSING THE OVER 600 MBBA PROPERTIES GOING TO THE OCTOBER FORECLOSURE SALE Whereas: In 2003, the City sold 1,499 delinquent property tax liens to the Municipal Bond Bank Agency (MBBA); and Whereas: The sale of these liens brought in $4 million in revenue to the City of Buffalo; and Whereas: MBBA as of April 2006 has only collected liens from 60 delinquent property owners and has only sold 6 properties through foreclosure; and Whereas: The remaining 1,400 properties have stood in legal limbo, as the City of Buffalo is unable to foreclose on the properties for which MBBA holds an unsatisfied tax lien; and Whereas: Many of these properties have become vacant eyesores negatively impacting neighborhoods throughout the City of Buffalo; and Whereas: MBBA is now returning the liens of over 600 properties to the City of Buffalo, allowing the City to foreclose and sell these properties at the next City auction in October; and Whereas: A plan needs to be developed to address these 600 properties. The City needs to determine which of these properties need demolition, and which are suitable for rehab and new homeowners; and Whereas: Simply adding these properties to the foreclosure auction for unscrupulous flippers or leaving these properties sit on a demolition list with our current demolition backlog is not the answer to revitalizing our neighborhoods; and Now Therefore Be It Resolved In an effort to obtain new ideas and to move beyond doing the same things the same way we always have, the Common Council hereby requests comments from the Commissioner of Economic Development Permits & Inspections, the Director of the Office of Strategic Planning, the Good Neighbor Planning Alliances, the Board of Block Clubs, People United for Sustainable Housing (PUSH), the Local Initiatives Support Corporation (LISC), Buffalo Chapter of Habitat for Humanity, Buffalo Reuse, Belmont Shelter Corp., the Neighborhood Housing Services organizations located in Buffalo, the Mayor's Anti - flipping Task Force, Vive La Casa, as to how the City of Buffalo should address the issues and revitalization opportunities presented by these 600 properties. Be It Further Resolved That this item is referred to an appropriate Committee of the Common Council to consider and discuss the comments requested. ADOPT 1 ST RESOLVE THE REMAINDER REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 98 SPONSORS: MICHAEL J. LOCURTO, DEMONE SMITH REQUESTING THE CITY OF BUFFALO COMPTROLLER TO DIVEST THE CITY OF ITS INVESTMENTS IN COMPANIES THAT DIRECTLY OR INDIRECTLY INVEST IN THE SUDANESE GOVERNMENT AND ARE THEREFORE COMPLICIT OR SUPPORT THE DARFUR GENOCIDE. Whereas: On July 23, 2004, the United States Congress declared that, "the atrocities unfolding in Darfur, Sudan, are genocide;" and Whereas: On September 25, 2006, Congress reaffirmed that "the genocide unfolding in the Darfur region of Sudan is characterized by acts of terrorism and atrocities directed against civilians, including mass murder, rape, and sexual violence committed by the Janjaweed and associated militias with the complicity and support of the National Congress Party -led faction of the Government of Sudan;" and Whereas: On September 26, 2006, the U.S. House of Representatives stated that" an estimated 300,000 to 400,000 people have been killed by the Government of Sudan and its Janjaweed allies since the [Darfur] crisis began in 2003, more than 2,000,000 people have been displaced from their homes, and more than 250,000 people from Darfur remain in refugee camps in Chad;" and Whereas: Since 1993, the U.S. Secretary of State has determined that Sudan is a country whose government has repeatedly provided support for acts of international terrorism, thereby restricting United States assistance, defense exports and sales, and financial and other transactions with the Government of Sudan; and Whereas: Many companies directly or indirectly invest in the Sudanese government and as a result of these actions are complicit in or support the Darfur genocide; and Now Therefore Be It Resolved: The Common Council requests the City of Buffalo Comptroller's Office to investigate whether it has any investments in companies that directly or indirectly invest in the Sudanese government and therefore support the genocide in Darfur and in the event that the City does have such investments in such companies to disinvest the city of such investments. Michael J LoCurto REFERRED TO THE COMMITTEE ON FINANCE AND THE COMPTROLLER NO. 99 BY: MR. SMITH SUPPORT FOR COUNTY WIDE BAN OF TRANS FATS Whereas: Information and awareness is constantly growing about the health benefits and hazards of the foods we eat and the ingredients used to prepare our foods; and Whereas: One of the most popular ingredients in pre - packaged foods and prepared foods is trans fat - -found on food labels as hydrogenated oil; and Whereas: Trans fat is made when manufacturers add hydrogen to vegetable oil. It is so popular with food manufacturers because it increases the shelf life and flavor stability of foods; and Whereas: Trans fat poses a serious health concern. They raise the risk of a persons LDL cholesterol level, causing arteries to clog and increases the risk of heart disease and stroke. In addition, many believe this is a relationship between the consumption of trans fat and diseases such as certain types of cancer, type 2 diabetes, obesity and liver dysfunction; and Whereas: Municipalities around the county are banning the use of trans fat as a cooking ingredient. National chain restaurants such as Taco Bell, Kentucky Fried Chicken, the Cheesecake Factory and McDonalds have announced initiatives to remove the use of trans fat oil in their restaurants; and Whereas: The City of Buffalo lawmakers have considered a city -wide ban of the use of trans fat, however for health and enforcement concerns a full Erie County ban would be most effective; and Whereas: At a recent Legislation Committee Members, Erie County lawmakers present voiced support for introducing legislation at the County level for an Erie County ban of the use of trans fat; Now, Therefore, Be it Resolved That: The Common Council of the City of Buffalo does hereby support a County -wide ban of the use of trans fat products in all restaurants and establishments which prepare food; and Now, Therefore, Be It Further Resolved That: This Honorable Body requests that certified copies of this resolution the Erie County Legislature. ADOPTED AYES DAVIS, FONTANA, FRANCZYK, GOLOMBEK, KEARNS, SMITH — 6 NOES — BONIFACIO, LOCURTO, RUSSELL — 3 NO. 100 BY: MR, SMITH TRANS FAT POSTINGS IN RESTAURANTS Whereas: The U.S. Food & drug Administration defines trans fat as being made when "manufacturers add hydrogen to vegetable oil - -a process called hydrogenation "; and Whereas: Baking, cooking and frying products containing trans fats include shortening, margarine and vegetable oils. Trans fats are popular and used because they increase the shelf life and flavor stability of foods; and Whereas; Trans fats are a serious health concern. They raise a persons LDL cholesterol levels, causing arteries to clog and increase the risk of heart disease and stroke. Beyond cardiovascular risk, some believe there is a relationship between the consumption of trans fat and diseases such as certain types of cancer, type 2 diabetes, obesity and liver dysfunction; and Whereas: Effective January 1, 2006, the U.S. Food & Drug Administration, (FDA), required food companies to list trans fat content separately on the Nutrition Facts panel of all packed goods; and Whereas: While this is a good step to improving and expanding consumer choices, it only covers pre - packaged foods. Patrons of many restaurants do not have knowledge of the type of cooking oil used by the establishments and therefore are unable to make informed, healthy decisions about the foods they consume; and Whereas: In an effort better inform consumers of the ingredients used in the preparation of their foods, restaurants or any establishments which prepare foods for sale, should inform customers that "ingredients containing trans fat may be used in the preparation of some or all foods" if their foods do; and Whereas: This disclaimer /posting should be done in an obvious and clearly visible place on all of the business's menus or on the menu board, if menus are not available for all patrons; and Whereas: The disclaimer /posting that trans fats are used should be part of new license application or renewal process for the restaurant, take out restaurant, or any establishment which prepares foods for sale process with the City of Buffalo; Now, Therefore, Be It Resolved That: The Common Council of the City of Buffalo does hereby request that this resolution be forwarded to the Department of Economic Development, Permit & Inspection Services for their review and comment as to the feasibility of implementing during the application and renewal process and enforcing the request for all food preparation establishments to post the use of trans fat products, if they do use them; and Now, Therefore, Be It Further Resolved That: The Common Council of the City of Buffalo does hereby request that this resolution be forwarded to the Western New York Restaurant Association for their review and comment; and Now, Therefore, Be It Finally Resolved That: This Honorable Body does hereby request, upon adoption, the Corporation Council draft an ordinance amendment mandating the posting of the use of trans fat products, in a clear and visible manner on menus of all establishments that prepare foods for sale in the City of Buffalo. ADOPT 1 ST AND 2 "D RESOLVES, THE REMAINDER REFERRED TO THE COMMITTEE ON LEGISLATION NO. 101 BY: MR. SMITH CO- SPONSOR(S): MR. KEARNS AND MR FRANCZYK URGE THE BOARD OF EDUCATION TO BAN THE USE OF TRANS FAT Whereas: Trans fat, a product issued to increase the shelf life and flavor stability of foods, is made when hydrogen is added to vegetable oil, producing hydrogenation; and Whereas: Trans fat is found is some of our most basic foods and staples of our meals such as shortening, margarines, crackers, cookies, snack foods and a small amount is even found naturally in some animal -based foods; and Whereas: Posing a serious health concern for people of all ages, trans fat raises a person's LDL cholesterol level and increases the risk of heart disease and stroke; and Whereas: It is believed that there is a relationship between the consumption of trans fat and diseases such as obesity and diabetes -- diseases which are growing at record rates in our children; and Whereas: During a school day, schools provide an opportunity for more than half of a child's meals for that day: breakfast, lunch and snacks; and Whereas: Schools, with little adjustment to their current menu selections, can improve the health value of the foods they prepare and reinforce the educational component already taught in their classrooms; Now, Therefore, Be It Resolved That: The Common Council of the City of Buffalo does hereby urge the Buffalo Board of Education to implement and enforce a City -wide school ban on the use of trans fat in foods prepared for consumption to begin at the start of the 2007 -2008 school year; and Now, Therefore, Be It Further Resolved That: The Common Council of the City of Buffalo does hereby urge the Buffalo Board of Education to only provide trans fat free pre - packaged foods for consumption on city school grounds. This includes foods for sale or included in a meal, even in vending machines; and Now, Therefore, Be It Further Resolved That: This Honorable Body instructs that certified copies of this resolution be forwarded to the Buffalo Board of Education for their review and comment on banning trans fat products, pre - packaged or prepared on site, in all city schools; and Now, Therefore, Be It Further Resolved That: The Common Council does hereby request that a representative from the Buffalo Board of Education attend the next Education Committee Meeting to further discuss this item; and Now, Therefore, Be It Finally Resolved That: This resolution be forwarded to the appropriate Council Committee for further review. ADOPT 1 sT 2 "D AND 4 RESOLVE, THE REMAINDER REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION AND THE BOARD OF EDUCATION BY: DEMONE A SMITH NO. 102 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: Barbara Peoples Jennifer Rolando Monica Torrence Total 3 ADOPTED NO. 103 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31,2008, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo Carol Burns Megan Corbett Charles Eaton Christopher Fahey Richard Finnegan William Greeley Theresa Kennedy Julie Kruger Bonnie Kane Lockwood Jonathan Rivera Jacquelyn Schmid Lorna McCarthy Stacy Hanson Karen McCarthy Sandra Herdle Elaine Martis Patricia Ciepiela Robert Deisz Frank Saladyga Michael Wawryziniak Debra Tomasello Emily Cowan Robert Caico Jerelene Giwa Elwood Parsons Kathleen Fulle Total 26 ADOPTED NO. 104 BY: BRIAN C. DAVIS LICENSE SUSPENSION OF 680 MAIN STREET Whereas: There is a hearing pending due to numerous complaints and allegations of violent acts occurring at 680 Main Street A.K.A. (Grove, OPM Serenity) There is legitimate concerns for the safety and welfare of the community Now, Therefore be it resolved: That pursuant to article 150 -15(B) of the City Charter the Restaurant /Dance License of 680 Main Street is herby suspended pending a hearing held by the Commissioner of Economic Development Permits and Inspection Finally be it Resolved: That this resolution is forwarded to Buffalo Police Department and Commissioner of Economic Development Permits and Inspection Department ADOPTED NO. 105 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, Feb. 27, 2007 at 9:45 o'clock A.M. Committee on Finance Tuesday, Feb. 27, 2007 following Civil Service at 10:00 o'clock A.M. Committee on Comm. Dev Tuesday, Feb. 27, 2007 at 1:00 o'clock P.M. Committee on Legislation 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 106 ADJOURNMENT On a motion by Mr. Bonifacio, Seconded by Mrs. Russell, the Council adjourned at 3:30 pm GERALD CHWALINSKI CITY CLERK