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HomeMy WebLinkAbout07-0403 (2)No. 7 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO AP RI L 3 2007 INVOCATION - PLEDGE TO FLAG ** *FINAL * ** * *APRIL 3, 2007 * ** MAYOR APP 1 -A. Declaration of Need -Not to Exceed $30,000,000 APP 2 -1. Appt. -Chief Information Officer -MIS APP 3 -2. Designation of Acting Mayor in Event of Temp. Disability or Absence from State R &F 4 -3. Reappt. - Buffalo Water Board LEG, COLL 5 -4. Withdraw Appt.- Chairman - Buffalo Water Board R &F MAYOR - EXECUTIVE 6 -5. Plan. Bd. -Pratt Willert Urban Renewal Plan -Addl. Site Designation/Plan Amendment & R &F Planning Board Report and Recommendation ADOPT 7 -6. Pkg. Bd. -P. Wolf - Desman Assoc. - Summary of Parking Needs Assessment FIN 8 -7. Strat. Plan. -Req. Amend LDA -1106 Genesee, 836 Sycamore & 182 Wilson; Approval CD Amendment -to Contract for Sale of Land -830 Sycamore, 836 Sycamore & 182 Wilson; Req. to APP Reconvey 1106 Genesee to COB CD 9 -8. Strat. Plan.- 2007 -2008 Annual Action Plan CD 10 -9. Strat. Plan. -245 North -PILOT FIN 11 -10. Strat. Plan.- Results of Negotiations -106 Archie (Ell) APP 12 -11. Strat. Plan.- Results of Negotiations -380 Cornwall (Masten) CD 13 -12. Strat. Plan.- Results of Negotiations -398 Guilford (Fill) APP 14 -13. Strat. Plan.- Results of Negotiations -92 Hamilton (North) APP 15 -14. Strat. Plan.- Results of Negotiations -101 Rhode Island (Niagara) APP 16 -15. Strat. Plan.- Results of Negotiations -84 Waverly (Masten) CD 17 -16. Strat. Plan. -SEQR Lead Agency Designation -878 Main St. Rehab. - Zeptometrix Corp. APP 18 -17. Strat. Plan.- SEQRNeg. Declaration- Pratt- Willert Revital. Project Urb. Renewal Amendment ADOPT COMPTROLLER 19 -18. Cert. OfNec.- Transfer of Funds - Permits & Inspections R &F 20 -19. Cert. OfNec.- Transfer of Funds -Law R &F COUNCIL PRESIDENT 21 -19A. Empire State Dev. News: "ECHDC Signs Agreement for Inner Harbor Plan" 22 -19B. Action Plan for COB for Fiscal Year 2007 -2008 ASSESSMENT/TAXATION 23 -20. Board of Assessment Review Training PUBLIC WORKS. PARKS & STREETS 24 -21. Bids -East Thickener Drive Emerg. Rehab. (Ell) APP 25 -21A Bids - Shoshone Pool Emerg. Treatment System Replacement(Univ) APP 26 -22. Change in Contract -North Jefferson Library Const. Job 4324 (Masten) APP 27 -23. Appt. -Water Service Inspector (Inter) CS POLICE 28 -24. Appts.- Detective (Max) CS ECONOMIC DEVELOPMENT & PERMITS /INSPECTIONS 29 -25. Addressing Vacant Properties as a Regional Issue R &F 30 -26. Demo. Of 171 Smith Street (Exc. 1s'& 3rd Res) R &F 31 -27. Ord. Amendment - Chapter 437 Taxicabs & Liveries R &F 32 -28. Foreclosure Notification CD 33 -29. 1318 Niagara - Demolition -Draft Resolution Application for Env. Restoration Program APP 34 -30. Trans Fat Postings in Restaurants R &F COMMUNITY SERVICES AND RECREATIONAL PROGRAMMING 35 -30A. Van Purchase APP CD CD, EDPI, R &F HUMAN RESOURCES FIN, POL 36 -31. Contract Approval -COB & I/O Solutions APP 37 -32. Residency Waiver -Robert Leach -Comm. Of MIS CS BOARD OF EDUCATION 38 -33. District Suspension Data (Sept. 07 -Jan. 07) ED 39 -34. 3 yr. Student Support Plan - 2005 -2008 ED 40 -35. Dropout Prevention -Five Major Components ED 41 -36. Safe Support Services Three Year Student Support Plan ED CITY C'.I ,FR K 52 -46. 42 -37. Minutes of the Board of Ethics - 2/27/07 43 -38. Auto Allowance R &F R &F 44 -39. Liquor License Applications Rce 45 -40. Leaves of Absence Rce 46 -41. Notices of Appointments - Temp. /Prow. /Perm. CS MISCELLANEOUS 47 -41A. D. Bonifacio -D. Axner - "The Up Side and Down Side of Wireless Mesh Networks" FIN, POL 48 -42. D. Bonifacio- Minutes - Members -BMHA- 2/15/07 R &F 49 -43. B. Davis -C. Madey -US Dept. of Homeland Security -Req. Pkg. Sign -130 S. Elmwood Avenue R &F 50 -44. B. Davis - Zeptometrix -878 Main Street R &F 51 -45. R. Fontana - "Intelligent Video Surveillance for State & Local Government" FIN, POL 52 -46. J. Golombek -O. Hecht- EarthLink Municipal Networks - Discuss Benefits of Wi -Fi Tech. CD 53 -47. J. Golombek -M. Rodgers -West Village Renaissance Group- Support More Police Officers R &F 54 -48. R. Graber -EC Leg- "Intermunicipal Parks Agreement" R &F 55 -49. E. LaPlante- Buffalo Special Police LEG 56 -50. M. Kearns -K. Kennelly - Questions -Stop Light -Abbott & Cazenovia /Lorraine LEG, PW 57 -51. Sambar Properties, Inc. -Fell Alley Paving Request PW 58 -52. F. Sasala -Req. to Use 253 Allen St.- Outdoor Premises for Patio EDPI 59 -53. D. Smith - Montessori Parents' Assn. -Req. Mtg. Discuss Consolidation of Montessori Schools ED 60 -54. W. Skretny -US District Court-Est. District Htg. /Supp. Fed. Cthse. Design w /J. Ellicott Plan LEG 61 -55. A. Thompson -BFSA Wage & Hiring Freeze Legislation BUDGET 62 -56. P. Wolf -E. & M. Fish -Favor Hiring More Police Officers R &F PETITIONS 63 -57. M. Luna, Agent, Use 465 AKA 469 Niagara St -Take Out Restaurant (Ell) (Hrg. 4/10) LEG, CP BD 64 -58. J. Goetz, Owner, Use 244 Allen- Outdoor Caf6 (Ell) (Hrg. 4/10) LEG, CP BD 65 -59. People, Inc., Agent, Use 2747 Main St. -HSF (Masten) (No Pub Hrg Req) LEG 66 -60. People, Inc., Agent, Use 24 Indian Church -HSF (South) (No Pub Hrg Req) LEG 67 -61. D. Zapfel, Agent, Use 2515 Bailey -HSF (Lovejoy) (No Pub Hrg Req) LEG 68 -61A W. Sunderlin, Agent, Use 226 Bryant for A Ground Sign (Nia) (No Pub Hrg) LEG, CP BD 69 -61B W. Sunderlin, Agent, Use 173 Summer for A Ground Sign (Nia)(No Pub Hrg) LEG, CP BD RESOLUTIONS 117 -62. Bonifacio Excuse Councilmember Russell from 4/3/07 Council Meeting ADOPT 118 -63. Bonifacio Explore Amending City /County Parks Agreement ADOPT 1 ST & 3 RD RES; REM- BUDGET 119 -64. Davis Call for NY State Enact Law Gov. Lawful Sale of Scrap Copper ADOPT 120 -65. Davis Perm. To Hang A Banner Across Delaware Avenue APP 121 -66. Davis Supp. Extension of Metro Rail to Cobblestone District 1ST & 2 ND RES; REM -CD 122 -67. Davis Supp. US Conference of Mayors 10 -Point Plan: Strong Cities, Strong 123 -68. Davis 124 -69. Davis 125-70. Franczyk 126 -71. Franczyk 127-72. Franczyk 128-73. Franczyk 129 -74. Franczyk, etc. 130 -75. Golombek 131 -76. Golombek 132 -77. Golombek, etc 133 -78. Kearns 134 -79. LoCurto 135 -80. LoCurto, etc. 136 -81. Russell 137 -82. Russell 138 -82A. Smith 139 -82B Smith 140 -82C Smith 141 -83. Smith 142 -84. Smith 143 -85. Smith Families, for a Strong America ADOPT Transfer of Funds - Permits & Inspections BUDGET Transfer of Funds -Law BUDGET Req. Appr. Proposed Amendment to LDA w /Revitalizing Urban Neighborhoods 830 Sycamore St, 836 Sycamore St., & 182 Wilson St. (Hrg. 4/17) CD Set Pub Hrg. -Req. Amend LDA -830 Sycamore, 836 Sycamore & 182 Wilson - Revitalizing Urban Neighborhoods, Inc. - Redeveloper ADOPT Run Buffalo -Req. Waiver Permit Fees -Demo, etc. -830 Sycamore, 836 Sycamore & 182 Wilson Street CD Run Buffalo -Req. Waiver- Demo. -830 Sycamore CD Buffalo River Ethanol Processing Plant ADOPT 2ND RES; REM -LEG Consider An Ordinance to Impound Abandoned Shopping Carts_ ADOPT 1 sT RES; REM- LEG,CC Ord. Amendment - Chapter 317 - Aggressive Panhandling LEG, POL Transferring Outer Harbor Land to the City of Buffalo ADOPT 1 ST RES; REM -CD Vacant Property Inventory ADOPT 1 ST & 2 ND RES; REM -CD Support Creation of Dog Park in COB 1 ST & 2 ND RES; REM - LEG Living Wage Resolution for Common Council Budget /Personnel Amendment -Dept. of Fire Establishing An Amphitheatre on the Outer Harbor ADOPT 1ST RES.; REM -CD Support for Mayor's Efficiency Incentive Funding Application Adding Two Members of Inter -High Council to COB CC Education Committee ED, BD ED Providing Better Opportunities for All Children ADOPT 1 sT RES REM TO ED Felicitations /In Memoriums ADOPT Comm. Of Deeds ADOPT Comm. Of Deeds Req. for Pub. Performance LEG APP BUDGET ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETING CIVIL SERVICE 70 -1. Com 13 Mar 20 Appt. - Principal Accountant (Max) (Compt) APP 71 -2. Com 14 Mar 20 Appt. - Principal Auditor (Inter) (Compt) APP 72 -3. Com 15 Mar 20 Appt. -Sr. Auditor (Inter) (Compt) APP 73 -4. Com 16 Mar 20 Appt. -Sr. Data Proc. Equip. Operator (Inter 42) (MIS) APP 74 -5. Com 17 Mar 20 Appt.- System Support Specialist (Inter 44) (MIS) APP 75 -6. Com 24 Mar 20 Appt.- Detective (Max) (Pol) R &F 76 -7. Com 25 Mar 20 Appt. -Spec. Asst. to Police Comm. For Communications (Max) (Pol) R &F 77 -8. Com 27 Mar 20 Appt. -Comm. Specialist (Max) (Fire) APP 78 -9. Com 28 Mar 20 Appt. -Comm. Technician (Max) (Fire) APP 79 -10. Com 51 Mar 20 Notices of Appt.- Temp. /Prov. /Perm. (C. Clk.) R &F FINANCE 80 -11. Com 7 Mar 20 Audited Financials for BERC -2005 (Strat. Plan.) R &F 81 -12. Com 8 Mar 20 Req. for Info. -BNRC (Strat. Plan) R &F 82 -13. Com 10 Mar 20 Bflo. Mun. Water Finance Auth. -Basic Fin. Statements /Req. Supp. Info. -Yr. Ended 6/30/06 (Compt.) R &F 83 -14. Com 11 Mar 20 Bflo. Water Bd. -Basic Fin. Statements /Req. Supp. Info. -Yr. Ended 6/30/06 (Compt.) R &F 84 -15. No 57 Mar 20 B. Davis -S. Meadows -Legal Aid Bureau - Monthly Rpts. -1/07 & 2/07 CD 85 -16. No 64 Mar 20 M. Rodgers -West Village- Concerns - Proposed Camera Intersections R &F 86 -17. Com 1 Feb 6 BNRC Audited Financial Statements (Strat. Plan.) R &F 87 -18. Res 108 Feb 6 Accepting Late Tax Payments R &F 88 -19. Com 3 Feb 20 Russell- Accepting Late Tax Payments (Assess /Tax) R &F 89 -20. Com 29 Mar 6 Accepting Late Tax Payments (Law) R &F 90 -21. Com 27 Feb 20 D. Franczyk - Explore Using Part- City's Surplus of Residential Demo. (AFUA) R &F 91 -22. No 47 Feb 20 M. Kearns -J &R Smith -Req. Purchase Neighboring Property CD LEGISLATION 92 -23. No 73 Mar 20 C. McCaffrey, Agent, Use 60 Dingens- Ground Sign (Lovejoy) (No Pub Hrg Req) APP 93 -24. No 74 Mar 20 R. Deet, Agent, Use 111 Maple -HSF (Ell) (No Pub Hrg Req) R &F 94 -25. Res 147 Mar 20 Local Law Intro 44 (2007) -Taxes & Assessments APP 95 -26. Com 2 Mar 20 Appt.- Chairman - Buffalo Water Board (Mayor) R &F 96 -27. Com 4 Mar 20 Reappt. - Buffalo Sewer Authority Board (Mayor) APP 97 -28. Com 30 Mar 20 Amendment to COB Ord. Chapter 316 -44 (EDPI) R &F 98 -29. No 53 Mar 20 D. Black- University Heights Quality of Life Initiative R &F 99 -30. No 75 Mar 20 R. Lipsitz, Sr.- Coalition for Economic Justice - Living Wage Legislation R &F 100 -31. Com 33 Mar 20 Food Store License -380 Connecticut (Niagara) (EDPI) RECOMMIT 101 -32. Com 36 Mar 20 Food Store License -896 Niagara (Niagara) (EDPI) APP W/ CON 102 -33. Com 40 Mar 20 Used Car Dealer -534 Colvin (Del) (EDPI) APP 103 -34. Res 95 Feb 20 Completing the Formation of a Parks Adv. Bd. (Exc. 1s Res.) R &F 104 -35. Res 146 July 26 Implementation of a Permit Process for Max No. of Dogs (2 Res. Only) R &F 105 -36. Com 20 Feb 6 Used Car Dealer -1073 Niagara (Niagara) (EDPI) RECO] COMMUNITY DEVELOPMENT 106 -37. No 61 Mar 20 J. Homkow - Dormitory Auth. -SEQR Findings Statement -Bflo 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 GOLOMBEK JR. - 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 Lakeside Commerce Park ADOP' 107 -38. No 65 Mar 6 D. Franczyk -C. Cox -Env. Events - "Greening Bflo, "Here Comes the Sun ", etc. R &F SPECIAL COMMITTEES EDUCATION 108 -39. No 72 Sept 5 M. Kearns -T. Bonner - Problems with Waterfront School (Bd. Ed) R &F 109 -40. No 78 July 25 M. Kearns -T. Bonner - Problems with Waterfront School R &F 110 -41. Com 45 Mar 6 Trans Fat Elimination - Buffalo Public Schools (Bd. Ed.) R &F 111 -42. Res 101 Feb 20 Urge the Bd. Of Ed. To Ban the Use of Trans Fat (Exc. 1,2,4, Res.) R &F 112 -43. Res 141 Mar 20 Curb Violence in City Schools R &F 113 -44. Com 43 Mar 7 A. Thompson- Parent Involvement in Buffalo Public Schools R &F 114 -45. Res 108 Feb 21 Parent Involvement in Buffalo Public Schools (Exc. 1s Res.) R &F 115 -46. Res 118 Mar 7 Req. for Buffalo Pub. School System to Conduct Survey on WNY Students Transfer to Charter Schools (Exc. 1s Res.) R &F 116 -47. Res 180 Sept 6 Req. BOE Est. 25% Rate of Part. Goal for Bflo. Pub. Sch. Implement Uniform Policy for 2006 -2007 School Year R &F 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 GOLOMBEK JR. - 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 SPECIAL COMMITTEES 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 COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, APRIL 3, 2007 AT 2:00 P.M. PRESENT — David A. Franczyk, President of the Council, and Council Members Bonifacio, Davis, Fontana, Golombek, Kearns, LoCurto, and Smith — 8. ABSENT — Russell - 1 On a motion by Mr. Bonifacio, seconded by Mr.Fontana, the minutes of the stated meeting held on March 6, 2007 were approved. FROM THE MAYOR NO. 1 CITY OF BUFFALO DECLARATION OF NEED I, Byron W. Brown, Mayor of the City of Buffalo (the "City "), a municipal corporation of the State of New York, acting pursuant to §3861(3) of the Public Authorities Law, added by Chapter 122 of the Laws of 2003 (the "Act "), and further pursuant to the Financing Agreement dated as of June 1, 2004 between the Buffalo Fiscal Stability Authority, a public benefit corporation of the State of New York (the "Authority ") and the City (the "Agreement "), to which Agreement this Exhibit is hereby or shall be incorporated, HEREBY DETERMINE AND CERTIFY as follows: 1. A Declaration of Need, as defined in the Act, is hereby determined to exist. The amounts of the Financeable Costs hereby requested to be undertaken is set forth on Appendix I hereto, which Appendix I, is incorporated herein as an integral part of this Declaration of Need. As shown by Appendix I, in the Authority's financing for the City, in connection with the City's fiscal year 2008, the City requires an amount not to exceed $30,000,000.00 in Authority new money financing of certain authorized capital costs, incidental cost and costs of issuance. 2. The City represents and affirms that the foregoing financing of Financeable Costs by the Authority is authorized by the Act and is consistent with the current adopted City budget and the most recent four -year financial plan submitted to or certified by the Authority in conformance with the Act and that such Financeable Costs meet the requirements of Section 4.01 (G) of the Agreement. 3. The City reaffirms the previsions of the Agreement, including but not limited to each of the covenants, agreements and indemnities therein and agrees herein to provide prompt notice of any fact or circumstances which would with the passage of time or otherwise give rise to any violation or contravention of the terms of this Declaration of Need, the Agreement or any financial plan submitted to or approved by the Authority. 4. Pursuant to the Act, the financing plan reflected in this Declaration of Need and the Agreement, the Authority is hereby requested to finance, in whole or in part, the Financeable Costs set forth in Appendix I hereto, including the City capital projects as may be designated in the City's capital budget, if any, as in effect from time to time. In no event shall the amount of such financing in any fiscal year exceed the amount of the Declaration of Need for such year, as it may be amended from time to time by an amended Declaration of Need. 5. The Authority is also requested to consult with the City Comptroller and City Commissioner of Administration, Finance, Policy and Urban Affairs with respect to the timing, terms and amount of Authority bond issues so that Authority and any City financings may be coordinated. As more fully provided for in the Agreement, bonds of the Authority shall be issued when the Authority determines in its sole discretion such issuance to be appropriate. If applicable, the City will promptly inform the Authority of a schedule for reimbursement of City for any capital costs incurred by the City. 6. The City reaffirms its agreement to apply the proceeds of the Authority's financings in a manner consistent with its adopted budget and four -year financial plan and to conform to the requirements of each related Arbitrage and Use of Proceeds Certificate. 7. The City understands and agrees to provide the Authority with any supporting data, descriptions or materials, which the Authority requests in connection with any Financeable Costs referred to in this Declaration of Need. 8. In that the financing is structured and limited to the financing of certain authorized capital costs and incidental costs of issuance, this declaration shall have no bearing on the control period as §3851 of the Act in defining the "advisory period," specifically excludes Authority assistance for capital items. 9. The City, as evidenced by two consecutive bond rating increases, has demonstrated the ability and capability of entering the market on its own at competitive rates, and reserves the right to do so. 10. While the City has the ability to undertake the financing directly, because the BFSA has already initiated the financing, the City will issue this Declaration. 11. The City will not be held liable for any costs incurred by the BFSA if it begins the issuance process for future debt in the absence of a declaration of need. 12. It is the City's intent to undertake future financings on its own behalf. All terms in this Declaration of Need not otherwise defined herein shall have meanings set forth in the Agreement. IN WITNESS WHEREOF, I have set my hand this 30 day of March, 2007. Appendix I to City of Buffalo Declaration of Need Submitted to the Buffalo Fiscal Stability Authority on March 30, 2007 Components of Amount Requested from Authority Financeable Costs Requested to be Financed Not to exceed $30,000,000 City capital projects, incidental costs and costs of issuance Mr. Bonifacio moved: That the above communication from the Mayor dated March 30, 2007, be received and filed; and That upon the request of the Mayor pursuant to Section 3861(3) of the Public Authorities Law, the Common Council does hereby authorize the Mayor to request the Buffalo Fiscal Stability Authority to undertake a refunding of all or a portion of the City's outstanding debt in the amounts of the Financeable Costs to be undertaken is not to exceed $30,000,000.00 for City capital projects, incidental costs, including costs of issuance as stated in the Declaration of Need. PASSED AYES - 8 NOES -0 NO. 2 CERTIFICATE OF APPOINTMENT Appointment Effective 3/30/2007 in the Department of MIS to the Position of Chief Information Officer, Permanent, Non Competitive at the starting salary of $135,000 Robert Leach, 7935 Sly Fox Lane, Manassa, VA 20112 Mr. Bonifacio moved: That the above communication from the Mayor dated March 20, 2007, be received and filed; and That the appointment of Robert Leach, residing at 7935 Sly Fox Lane, Manassa, Virginia as Chief Information Officer effective March 30, 2007 at a salary of $135,000.00, be and hereby is approved. PASSED AYES - 8 NOES -0 FROM: THE EXECUTIVE DEPARTMENT NO. 3 DESIGNATION OF ACTING MAYOR IN THE EVENT OF TEMPORARY DISABILITY OR ABSENCE FROM THE STATE. Pursuant to § 4 -4 of the City Charter, I hereby designate Corporation Counsel, Alisa A. Lukasiewicz, as the acting mayor to perform the mayor's duties in the event the mayor is temporarily disabled or absent from the state. In the event that the Corporation Counsel is unavailable to perform these duties, I designate Commissioner Janet Penksa for these purposes. These designations shall remain in effect unless subsequently changed in accordance with § 4 -4 of the City Charter. RECEIVED AND FILED NO. 4 REAPPOINTMENT - BUFFALO WATER BOARD Pursuant to Section 1048 -F of Article 5, Title 2 -B of the New York State Public Authority Law, hereby reappoint Donna Estrich, 31 Ashland Avenue, Buffalo, New York 14222 to serve on the Buffalo Water Board for a 1 year term commencing immediately and expiring December 31, 2007. Donna Estrich is the Director of Administration and Finance in the Department of Administration, Finance, Policy and Urban Affairs. I hereby certify that the above named individual is fully qualified to serve as a member of the Buffalo Water Board. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DIVISION OF COLLECTIONS NO. 5 WITHDRAW APPOINTMENT CHAIRMAN, BUFFALO WATER BOARD I respectfully request to withdraw the previous communication dated March 8, 2007 appointing Joseph N. Giambra to serve as Chairman of the Buffalo Water Board. Mr. Giambra has requested that I withdraw the appointment. RECEIVED AND FILED FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD NO. 6 PRATT WILLERT URBAN RENEWAL PLAN ADDITIONAL SITE DESIGNATION AND PLAN AMENDMENT AND PLANNING BOARD REPORT AND RECOMMENDATION The City Planning Board at its meeting of March 27, 2007 reviewed the Pratt Willert Revitalization Additional Site Designation and Urban Renewal Plan Amendment and adopted the Negative Declaration issued by the Buffalo Urban Renewal Agency on March 15, 2007 and is reporting the following to the Common Council: We, the duly appointed members of the City of Buffalo Planning Board, acting in accordance with Section 504, Article 15 of the General Municipal Law of New York State, do this 27th Day of March, 2007 report the following Resolution: WHEREAS, the Common Council of the City of Buffalo approved the Pratt - Willert Revitalization Urban Renewal Plan on July 23, 1985, C.C.P. 102 and subsequently amended the Project Area on April 29, 1986, C.C.P. 105. The area is generally bounded by Genesee Street and Broadway on the north, Eureka, Spring and Iroquois Streets on the east, William Street on the south, and Milnor and Spruce Streets on the west which is an irregular shape and also includes the block bounded by Michigan, Cypress, Pine and Sycamore Streets; and WHEREAS, the Project area is considered part of the Willert Park neighborhood and has suffered from blighting conditions and the current Urban Renewal Plan has been instrumental for key improvements and economic opportunities in the Home Ownership Zone area and the Urban Renewal Plan provides for the systematic, long term, revitalization of the Project Area; and WHEREAS. the Proposed Pratt - Willert Revitalization Urban Renewal Plan additional Site Designation and Amendment Area CURP Expansion and Amendment Area ") bounded by the rights of way of Spring Street on the west, Sycamore Street on the north, Jefferson Avenue on the east and Broadway on the south and is a seen as an integral part of the Homeownership Zone revitalization efforts that has also suffered from blighting conditions generally conforms to the comprehensive plan for the development of the community as a whole and is consistent with local objectives as determined by the City Planning Board; and WHEREAS, the proposed Additional Site Designation area will aid in the stabilization of local real property values and local property tax rolls, and will provide a framework for public and private reinvestment within the area; and WHEREAS, a public hearing upon the matter was held upon due notice before the City Planning Board in Room 901 City Hall on March 13, 2007 at 8:15 a.m., at which hearing the proposed Additional Site Designation and Urban Renewal Plan amendment was presented and explained in detail, and those desiring to be heard were heard, WHEREAS, the Buffalo Urban Renewal Agency as SEQR Lead Agency issued a Negative Declaration on the Proposed Additional Site Designation and Urban Renewal Plan Amendment; and WHEREAS, that the SEQR Negative Declaration has been filed with the Common Council; NOW, THEREFORE, BE IT RESOLVED, that, we the duly appointed members of the City Planning Board of and for the City of Buffalo, do hereby report for the proposed Pratt Willert Revitalization Additional Site Designation and Urban Renewal Plan Amendment the following findings; 1. Proposed land uses have been identified in the project description; 2. No additional acquisition is proposed, at this time, although the parcels identified in the additional site designation area may be part of future acquisition, or infrastructure improvements, and demolition of structures will be looked at on an individual basis and only considered as part of an expansion or new development proposal that would involve new structures or the relocation of structures; 3.Any financial aid to the Municipality, from any source, that may be necessary to enable the project be undertaken in accordance with the plan; 4. If any relocation becomes necessary, the City shall follow all established Federal Relocation guidelines for residential and commercial relocations; 5. There is no proposed acquisition of air rights with this amendment; 6. Customary urban renewal methods and techniques are being used to carry out this plan amendment; 7. Studies will be required prior to any new public, semi - public, private or commercial utilities installations; 8. This plan amendment does not repeal or institute any existing codes or ordinances; 9. This Plan Amendment allows for code enforcement efforts already identified within the City's Strategic Investment Corridors and Comprehensive Code Enforcement Program; 10. This plan amendment extends the duration of the Pratt Willert Revitalization Urban Renewal Plan until 2017; and BE IT FURTHER RESOLVED, that, the Common Council be informed that pursuant to Subdivisions 2 and 3 of Section 15, Article 15 of the General Municipal Law, that the office preparing an Urban Renewal Plan /Amendment must submit the proposed plan to the City Planning Board for a recommendation to be submitted to the Common Council, after which the Council is to hold a public hearing on the subject, not earlier than four (4) weeks after the Planning Board recommendation. The Common Council Public Hearing is scheduled for April 17, 2007; and BE IT FURTHER RESOLVED, that, we, the duly appointed members of the City Planning Board of and for the City of Buffalo, do hereby report to the Common Council and certify our unqualified approval of the Pratt Wllert Revitalization Additional Site Designation and Plan Amendment, and that we hereby recommend that the Common Council accept and adopt the Buffalo Urban Renewal Agency's SEQR Negative Declaration and adopt the Planning Board findings, and that the Common Council adopt and approve the Pratt Willert Revitalization Additional Site Designation and Urban Renewal Amendment. AYES: Burns, Hoyt, Morrell, Gioia, Lyons, Schwartz NOES: 0 ABSENT: Manuele ADOPTED Mr. Bonifacio moved: That the above communication from the City Planning Board dated March 29, 2007, be received and filed; and That the Common Council herby accepts and adopts the City Planning Board's Negative Declaration and hereby certifies its unqualified approval of the Pratt Willert Revitalization Additional Site Designation and Urban Renewal Amendment. ADOPTED FROM THE BOARD OF PARKING NO. 7 P. WOLF- DESMAN ASSOC. SUMMARY OF PARKING NEEDS ASSESSMENT ITEM NO 46, CCP 12/26/06 Example: The Board of Parking supports the finding of the above mentioned Desman Associates parking assessment. The Board of Parking does realize that the: assessment is a "snap shot" of existing conditions for a given time frame (remember the field work was completed in late summer, early fall of 2005) and that absorption of existing vacant space, coupled with any new development radically alters the picture. It is imperative that the City, through the Board of Parking and the Development Community continue to monitor any and all growth and weigh its impact on parking in the immediate areas effected. I am attaching the following information for your review: 1)A January 2007 memorandum from Buffalo Civic Auto Ramps Inc. addressing nine (9) short term ideas to increase available parking in the downtown business core. 2)A January 2007 Daily Peak Count for the seven (7) downtown city owned ,parking ramps managed by Buffalo Civic Auto Ramps Inc. Desman Associates states in their assessment: "The effective and efficient utilization and turnover of spaces is achieved when an operational surplus of between 5% and 10% is provided. For the purpose of this study, a practical capacity factor of 10% will be used to analyze parking e6nditions in downtown Buffalo" As you can see from the chart, five (5) of our seven (7) ramps are at or over the 90% capacity figure, Adam is at 89% and Augspurger is at 85 %. 3)A recent survey by Carl Walker Parking, a national parker, g consultant, giving the median USA parking structure of $13,967 per space exclusive of land cost. REFERRED TO THE COMMITTEE ON FINANCE FROM THE OFFICE OF STRATEGIC PLANNING NO. 8 REQUEST TO AMEND LDA - 1106 GENESEE, 836 SYCAMORE & 182 WILSON APPROVAL OF AMENDMENT TO CONTRACT FOR SALE OF LAND - 830 SYCAMORE, 836 SYCAMORE & 182 WILSON REQUEST TO RECONVEY 1106 GENESEE TO THE CITY OF BUFFALO ITEM NO. 107 CCP 09119106 The City of Buffalo Urban Renewal Agency duly designated Revitalizing Urban Neighborhoods, Inc. (RUN Buffalo) and /or a Corporation, Partnership, Joint Venture or Other Legal Entity to be formed, as the "Redeveloper." Redeveloper has submitted a plan for the demolition of the improved properties located at 830 Sycamore, 836 Sycamore and 182 Wilson Streets. Your honorable body authorized Agency to enter into a Land Disposition Agreement (LDA) on September 19, 2006 for the properties at 1106 Genesee Street, 836 Sycamore Street and 182 Wilson Street. R has become necessary to amend the approved LDA to remove 1106 Genesee and add 830 Sycamore to the RUN Buffalo project. Furthermore, it is requested that 1106 Genesee Street be reconveyed to the City of Buffalo. The Agency has determined that the proposed Amendments to the LDA negotiated by the Agency and Redeveloper are satisfactory. Please be advised that in accordance with the provisions in Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded separately are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Amendments to Land Disposition Agreement After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO COMMITTEE ON COMMUNITY DEVELOPMENT NO. 9 RE: 2007 -2008 ANNUAL ACTION PLAN Dear Ms. Johnson: Enclosed please the find the City of Buffalo's 2007 -2008 Annual Action Plan. This plan outlines the City of Buffalo's annual agenda and priorities for the expenditure of Federal Entitlement Grants received through the US Department of Housing and Urban Development (HUD). The Annual Action Plan describes how HUD funding will be best leveraged in the City of Buffalo for neighborhood revitalization, public improvements, housing development, economic development, public services and homeless aid. Much of this funding will serve the needs of low- to moderate - income residents of Buffalo. It also reflects citizens' comments gathered at two public hearings conducted to discuss the budget and its projects. The Board of Directors of the Buffalo Urban Renewal Agency (BURA) unanimously approved this budget and plan on February 15, 2007. After a 30 day required public comment period, the Annual Action Plan was submitted to HUD on March 16, 2007. This date provided sufficient time to allow HUD the regulatory maximum Of45 days to review and comment on this plan, prior to BURA's May 1 grant start date. BURA respectfully requests that BFSA approve the 2007 -2008 Annual Action Plan on an expedited basis. Please contact me at (716) 851 -5035 with any questions. Timothy E. Wanamaker Vice Chairman REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 10 245 NORTH, PILOT Your Honorable Body is hereby requested to approve the attached PILOT agreement between the City of Buffalo, the County of Erie, North Street Housing Development Fund Corp, and 245 North Street LLC. This Project will adaptively reuse and restore the North Street Y, located at 245 North Street. The goal is to create approximately sixty -three units in the rehabilitated building, while maintaining the building's historical integrity The project represents an approximate $8,200,000 investment in the City of Buffalo and will utilize federal historic and low income tax credits. 100% of the units will be made available as affordable housing, limiting tenancy to those who earn no more than 60% of the median area income. The amount of the PILOT payments was calculated based upon the City's PILOT policy which provides for payments in the amount of 5% of gross rent assuming a 5% vacancy. Payments will increase by three percent per year for the duration of the 15 year Pilot. REFERRED TO THE COMMITTEE ON FINANCE NO. 11 RESULTS OF NEGOTIATIONS 106 ARCHIE, 206' N WILLIAM VACANT LOT: 32'X 87' ASSESSED VALUATION: $1,000 (ELLICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 106 Archie Street from Mrs. Mary Lee Burney, 145 Walnut Street, Buffalo, New York 14204. Mrs. Burney owns a two family home at 145 Walnut Street, which is adjacent to 106 Archie Street. She intends to use this vacant lot for additional green space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar residential lots in the subject area. Sales range from Thirty Cents (.30) to Fifty Cents (.50) per square foot. The results of our negotiations are that Mrs. Burney has agreed and is prepared to pay One Thousand One Hundred Dollars ($1,100), Forty Cents (.40) per square foot for the subject property. Mrs. Burney has also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 106 Archie Street to Mrs. Burney in the amount of One Thousand One Hundred Dollars ($1,100). am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated March 13, 2007 be received and filed; and That the offer from Mrs. Mary Lee Burney, residing at 145 Walnut Street, in the sum of one thousand and one hundred dollars ($1,100.00) for the purchase of 106 Archie, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 8 NOES -0 NO. 12 RESULTS OF NEGOTIATIONS 380 CORNWALL, 725' S SUSSEX VACANT LOT: 32'X 125' ASSESSED VALUATION: $3,400 (MASTEN DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 380 Cornwall Avenue from Habitat for Humanity, Mr. David Floyd, P.O. Box 511, Buffalo, New York 14205. Habitat for Humanity owns a vacant lot at 384 Cornwall. They intend to combine 380 and 384 Cornwall for the construction of a new home. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar residential lots in the subject area. Sales range from Thirty -Five Cents (.35) to Eight -Five Cents (.85) per square foot. The results of our negotiations are that Habitat for Humanity has agreed and is prepared to pay One Thousand Four Hundred Dollars ($1,400), Thirty -Five Cents (.35) per square foot for the subject property. Habitat for Humanity has also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 380 Cornwall Avenue to Habitat for Humanity, Mr. David Floyd in the amount of One Thousand Four Hundred Dollars ($1,400). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 13 RESULTS OF NEGOTIATIONS 398 GUILFORD, 199.47' S BEST VACANT LOT: 30'X 94' ASSESSED VALUATION: $1,000 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 398 Guilford Street from Mr. Charles W. Martin, 122 Avery Place, Cheektowaga, New York 14225. Mr. Martin owns a two family home at 396 Guilford Street, which is adjacent to 398 Guilford Street. He intends to use this vacant lot for additional green space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar residential lots in the subject area. Sales range from Thirty -Five Cents (.35) to Fifty Cents (.50) per square foot. The results of our negotiations are that Mr. Martin has agreed and is prepared to pay One Thousand Dollars ($1,000), Thirty -Five Cents (.35) per square foot for the subject property. Mr. Martin has also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 398 Guilford Street to Mr. Martin in the amount of One Thousand Dollars ($1,000). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated March 13, 2007 be received and filed; and That the offer from Mr. Charles Martin, residing at 122 Avery Place, Cheektowaga, in the sum of one thousand dollars ($1,000.00) for the purchase of 398 Guilford, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 8 NOES -0 NO. 14 RESULTS OF NEGOTIATIONS 92 HAMILTON, 30' W HOFFMAN VACANT LOT: 30'X 165' ASSESSED VALUATION: $3,900 The Office of Strategic Planning, Division of Real Estate has received a request to purchase 92 Hamilton Street from Mr. Charles Benner and Mrs. Faith A. Benner, 96 Hamilton Street, Buffalo, New York 14207. Mr. and Mrs. Benner own 96 Hamilton Street, which is adjacent to 92 Hamilton Street. They intend to use this vacant land for additional green space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The Division of Real Estate has investigated the sale of similar residential lots in the subject area. Sales range from Ninety Cents ($.90) to One Dollar and Eighty Cents ($1.80) per square foot. The results of our negotiations are that Mr. and Mrs. Benner have agreed and are prepared to pay Five Thousand Dollars ($5,000), One Dollar ($1.00) per square foot for the subject property. Mr. and Mrs. Benner have also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 92 Hamilton Street to Mr. and Mrs. Benner in the amount of Five Thousand Dollars ($5,000). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated March 16, 2007 be received and filed; and That the offer from Mr. Charles Benner and Mrs. Faith A. Benner, residing at 96 Hamilton Street, in the sum of five thousand dollars ($5,000.00) for the purchase of 92 Hamilton, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 8 NOES -0 NO 15 RESULTS OF NEGOTIATIONS 101 RHODE ISLAND 75' SW PROSPECT VACANT LOT 25' X 70' ASSESSED VALUATION $2,200 (NIAGARA DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 101 Rhode Island from Mrs. Mary Zupanchich, 169 Woodward Street, Buffalo, New York 14214. Mrs. Zupanchich owns a one family home at 736 Prospect and a two family home at 738 Prospect, which both adjacent to 101 Rhode Island. She intends to use this vacant lot for additional green space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar residential lots in the subject area. Sales range from One Dollar ($1.00) to Two Dollars ( $2.00) per square foot. The results of our negotiations are that Mrs. Zupanchich has agreed and is prepared to pay Two Thousand Two Hundred Dollars ($2,200.00), One Dollar and Twenty Five Cents ($1.25) per square foot for the subject property. Mrs. Zupanchich has also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 101 Rhode Island to Mrs. Zupanchich in the amount of Two Thousand Two Hundred Dollars ($2,200.00). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated March 13, 2007 be received and filed; and That the offer from Mrs. Mary Zupanchich, residing at 169 Woodward Street, in the sum of two thousand and two hundred dollars ($2,200.00) for the purchase of 101 Rhode Island, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES — 8 NOES — 0 NO. 16 Results of Negotiations 84 Waverly, 160'S Ferry Vacant Lot: 25' x 100' Assessed Valuation: $1,300 (Masten District) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 84 Waverly Street from Mrs. Tiffany T. Williams, 414 Masten Avenue, Buffalo, New York 14209. Mrs. Williams owns a two family home at 82 Waverly Street, which is adjacent to 84 Waverly Street. She intends to use this vacant lot for additional green space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar residential lots in the subject area. Sales range from Thirty -Five Cents (.35) to Seventy -Five Cents (.75) per square foot. The results of our negotiations are that Mrs. Williams has agreed and is prepared to pay One Thousand Three Hundred Dollars ($1,300), Fifty Cents (.50) per square foot for the subject property. Mrs. Williams has also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 84 Waverly Street to Mrs. Williams in the amount of One Thousand Three Hundred Dollars ($1,300). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 17 SEQR Lead Agency Designation 878 Main St. Rehabilitation - 7eptometrix Corp.. Zeptometrix Corp. proposes to undertake the substantial rehabilitation of the vacant former residential building at 878 Main Street. The renovated building will house the company's corporate offices. Prior to the implementation of the above - referenced project, the requirements of the New York State Environmental Quality Review Act (SEAR) must be satisfied. The project, as defined under SEAR, is an "Unlisted Action" for which the Buffalo Urban Renewal Agency proposes to conduct a coordinated environmental review. As per Section 617.6 of the regulations, an agency responsible for determining the effect of the project on the environment must be designated from among the involved agencies within 30 days of this notification. The Buffalo Urban Renewal Agency, as owner of the property, proposes to assume the lead SEQR agency status for this action, and respectfully requests the Common Council's approval of this proposal. The project Environmental Assessment Form is enclosed for your review. If the Council has no objection to the designation of BURA as lead agency please inform my office within the 30 day period. Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning, dated March 19, 2007, be received and filed; and That the Common Council hereby consents to the Buffalo Urban Renewal Agency, as owner of the property, as Lead Agency for the 878 Main Street Rehabilitation, Zeptometrix Corp. ADOPTED NO. 18 SEQR Negative Declaration - Pratt - Willert Revitalization Project Urban Renewal Plan Amendment It is proposed that the City of Buffalo undertake the additional site designation and amendment to the existing Pratt - Willert Revitalization Project Urban Renewal Plan. The plan amendment will allow for new housing construction, financed under the HUD HOME and Fannie Mae Programs, within the area bounded by Sycamore Avenue, Broadway Avenue, Spring Street, and Jefferson Avenue. Prior to the implementation of the above - referenced project, the requirements of the New York State Environmental Quality Review Act (SEAR) must be satisfied. The project, as defined under SEAR, is an "Unlisted Action" for which the Buffalo Urban Renewal Agency has completed a coordinated environmental review, and approved the filing of a Negative Declaration (a finding of no significant adverse effect on the environment). As per Section 617.12 of the regulations the Negative Declaration is hereby filed with the Common Council. The draft of the Pratt - Willert Urban Renewal Plan Amendment is also enclosed for your review. ADOPTED a :IQ ri11111:1=KK6Lri121Ko]144N NO. 19 Certificate of Necessity Transfer of Funds General City- Debt Service Permits and Inspections - Capital Outlay We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that it is necessary that the sum of $1,465,915 be transferred from Debt Service and reappropriated to the Department of Permits and Inspections, as set forth below: FROM Interfund Transfers 17523008 - 489140 Debt Service $1,465,915 TO Permits and Inspections Capital Outlay 1 6550007- 471 01 0 Land Improvements $1,465,915 RECEIVED AND FILED FROM THE PRESIDENT OF THE COUNCIL NO. 21 Agreement for Inner Harbor Plan Public, Residential, Commercial Space to Create 24/7 Atmosphere at Water's Edge Bass Pro Shops on Central Wharf will anchor Canal Side The Erie Canal Harbor Development Corp. today approved a comprehensive plan to transform Buffalo's Inner Harbor District with a mixed -use development that will include shops, houses and cultural attractions. The $275 million project is to include museums, a marketplace, an arcade, a marina, a public plaza, housing and a hotel. The cost of the project is estimated to be split evenly between public funds and Benderson Development Corp. Some additional costs are to be borne by Bass Pro Shops Outdoor World, which under the predevelopment agreement approved today will become the first major tenant at the site. The construction will respect both the environment and the history of the area with facades that preserve the 19th - century look and feel of the harbor area. "This is a significant project that will both energize development in Buffalo and connect the downtown area to the waterfront," Gov. Eliot Spitzer said. "I would like to commend Empire State Development Corp. and its subsidiary, Erie Harbor Canal Development Corp., for the vision to take the proposal to where it is today." Daniel Gundersen, upstate co -chair of Empire State Development, said, "When he took office, Gov. Spitzer asked us to take a fresh look at the proposal," referring to discussions that had been ongoing with Bass Pro. "We decided it could, and should, be much more. This agreement creates a synergy in which the whole will be much greater than the sum of the parts." The Canal Side development district will include Bass Pro Shops' 100,000- sq.ft., three -story retail store built overlooking the Inner Harbor. The wood, glass and brick building with multiple roof lines and facades will evoke the historical design of the original pre -Civil War Central Wharf building. ECHDC will construct a 20,000 sq. ft. Erie Canal Museum and 30,000 sq. ft. arcade /public market. The remainder of Canal Side will include in excess of a half - million square feet of mixed -use space for retail, hotel, office, residential and restaurant use. When complete, the diverse array of development projects will generate nearly 1,000 new jobs, almost $9.5 million in annual sales -tax revenues and $1.2 million in new yearly property taxes for the City of Buffalo. NO. 20 Certificate of Necessity 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 $926,000 be transferred from Fringe Benefits and reappropriatcd to the Law Department, as set forth below: From: Fringe Benefits 17301002 - 421001 Health Care —Retirees $600,000 17301002 - 421002 Health Care — Active $326,000 TO Law Department 10546006 - 432003 Legal Services $926,000 RECEIVED AND FILED FROM THE PRESIDENT OF THE COUNCIL NO. 21 Agreement for Inner Harbor Plan Public, Residential, Commercial Space to Create 24/7 Atmosphere at Water's Edge Bass Pro Shops on Central Wharf will anchor Canal Side The Erie Canal Harbor Development Corp. today approved a comprehensive plan to transform Buffalo's Inner Harbor District with a mixed -use development that will include shops, houses and cultural attractions. The $275 million project is to include museums, a marketplace, an arcade, a marina, a public plaza, housing and a hotel. The cost of the project is estimated to be split evenly between public funds and Benderson Development Corp. Some additional costs are to be borne by Bass Pro Shops Outdoor World, which under the predevelopment agreement approved today will become the first major tenant at the site. The construction will respect both the environment and the history of the area with facades that preserve the 19th - century look and feel of the harbor area. "This is a significant project that will both energize development in Buffalo and connect the downtown area to the waterfront," Gov. Eliot Spitzer said. "I would like to commend Empire State Development Corp. and its subsidiary, Erie Harbor Canal Development Corp., for the vision to take the proposal to where it is today." Daniel Gundersen, upstate co -chair of Empire State Development, said, "When he took office, Gov. Spitzer asked us to take a fresh look at the proposal," referring to discussions that had been ongoing with Bass Pro. "We decided it could, and should, be much more. This agreement creates a synergy in which the whole will be much greater than the sum of the parts." The Canal Side development district will include Bass Pro Shops' 100,000- sq.ft., three -story retail store built overlooking the Inner Harbor. The wood, glass and brick building with multiple roof lines and facades will evoke the historical design of the original pre -Civil War Central Wharf building. ECHDC will construct a 20,000 sq. ft. Erie Canal Museum and 30,000 sq. ft. arcade /public market. The remainder of Canal Side will include in excess of a half - million square feet of mixed -use space for retail, hotel, office, residential and restaurant use. When complete, the diverse array of development projects will generate nearly 1,000 new jobs, almost $9.5 million in annual sales -tax revenues and $1.2 million in new yearly property taxes for the City of Buffalo. Over the course of 20 years, the project will generate approximately $189 million in sales tax revenue. All told, Benderson is expected to develop 200,000 to 250,000 sq. ft. of retail space; 60,000 to 80,000 sq. ft. of restaurant and entertainment space; 15,000 to 30,000 sq. ft. of office space; 75,000 to 125,000 sq. ft. of hotel space; and 40,000 to 75,000 sq. ft. of residential space. In addition, Benderson will develop parking ramps to hold approximately 1,300 vehicles on the Donovan, Webster and Historic blocks. Public access to the water's edge will be maintained as a result of a 50 -ft. -wide boardwalk will wrap around the Bass Pro Shops store. Green space in the form of an open -air plaza located next to the store overlooking the harbor will be open to the public. The plan will animate the restored Commercial Slip and Naval Park area with new visitors as part of local cultural- tourism efforts. The plan calls for the demolition of Memorial Auditorium and clearing of the site for retail development. Much of 2007 will be spent on required environmental and public review processes and preparation of a more detailed design. Demolition and construction are expected to start next year. Anthony Gioia, chairman of the ECHDC, said, "We are grateful for support of Gov. Eliot Spitzer and the entire Empire State Development organization which has been unwavering in its support of what we want to accomplish. We also must recognize the vision and leadership of Rep. Brian Higgins, Mayor Byron Brown, Sen. Charles Schumer, Sen. Hillary Clinton and County Executive Joel Giambra in helping us to advance to this stage. I also salute Bob and Mindy Rich and Larry Quirm for the extraordinary tenacity they have shown in bringing us to this point today." According to the agreement, the ECHDC will bear the cost of site preparation and construction of the three -level building, using $25 million of the $35 million of funds that were originally earmarked by the State of New York, City of Buffalo and County of Erie when the project was announced in November 2004. The remaining $10 million will be contributed to the cost of demolishing the Aud. Under the agreement, ECHDC will own the building and Bass Pro Shops will pay common area maintenance and fees of $300,000 a year for an initial 20 -year lease with renewals to 50 years for a total of $15 million. At its cost, Bass Pro Shops will operate the Erie Canal Transportation Museum and a new harbor marina located adjacent to the store that will be open to the public. Gioia said an architectural- review advisory committee will be appointed to assist in the design of the new construction planned for Canal Side to ensure it is in keeping with the historic nature of the site. "Bass Pro Shops is very enthused and respectful of the historical significance of this very special location," said Bass Pro Shops President Jim Hagale. "Of the many options that were reviewed, the recreation of the central wharf is the most exciting and authentic. Our store design will pay tribute to the heritage and national importance of the Erie Canal terminus." "This is a great day for Buffalo and all of Western New York," said Todd Benderson. "We are extremely excited and proud to be a part of the revitalization of Buffalo's Inner Harbor. Canal Side represents a landmark development opportunity that can be a catalyst for the rebirth of downtown Buffalo. We envision a vibrant and unique mixed use waterfront development that will include local, regional and national interests and become a real destination. Bass Pro Shops commitment to this project will help enable us to capitalize on our many existing relationships throughout the retail industry. We look forward to partnering with Bass Pro Shops along with ECHDC and the City of Buffalo to help create this truly unique project." U.S. Sen. Charles Schumer said, "This agreement, which pays homage to Buffalo's past even as it confidently builds for the future, will jumpstart a long- awaited, mixed -use rebirth of Buffalo's inner harbor waterfront that includes shops, housing, a marina and cultural attractions. The presence of Bass Pro will add vitality and prestige to the waterfront, and I applaud the ECHDC, Chair Ambassador Tony Gioia, and his team for their hard work and leadership in making this solid step forward a reality." U.S. Sen. Hillary Clinton said, "I am very pleased that the deal to bring Bass Pro to Buffalo's waterfront is finally coming together. This news is proof - positive that Buffalo is an attractive location for major companies. This initiative promises to be a cornerstone of Buffalo's effort to revitalize the inner harbor district, strengthen the city's ties to its waterfront, and bring quality jobs to Buffalo. I look forward to working with Bass Pro to address the needs of Buffalo's community and the best way to revitalize Buffalo's inner harbor district." "This signed agreement is a positive step forward in rebuilding a Buffalo waterfront that preserves the integrity of our City's great history and maintains public access for residents and tourists in setting that draws people downtown seven days a week," said Rep. Brian Higgins. "Reconnecting Buffalo with its waterfront is essential to my Administration's ongoing efforts to strengthen our city's economy and I am confident this comprehensive plan will achieve our goal of establishing a 24/7 environment along the Inner Harbor" stated Mayor Byron Brown. "The recreation of the historic Commercial Slip, the complementary addition of retail, including the future Bass Pro Outdoor World store, and other important features, as well as important public access to the waterfront, brings to fruition the type of redevelopment of Buffalo's waterfront that we have long desired." "I'm very confident that Bass Pro Shops will live up to the expectations that have been placed upon them" said State Sen. Bill Stachowski, whose district includes the Inner Harbor. "Governor Spitzer and Dan Gundersen have delivered on a major economic boost for this area, and I plan on working with them to develop a user - friendly Inner Harbor that brings our proud waterfront heritage back to life." Added State Sen. Antoine Thompson, whose district abuts the project, "It's great that we're moving forward with waterfront redevelopment and I'm glad to see the Administration continuing its commitment on reviving the upstate economy. I'm proud to be a partner in this effort." Assemblyman Sam Hoyt said, "I have a renewed sense of excitement for this project after learning about the new plans for the site. The recreation of the Central Wharf will complement the historic Erie Canal district, and the other mixed use development planned for the surrounding site. I am hopeful that the demolition of the Aud and the Donovan building will take place immediately so we can get right to work on implementing the plan." REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. No. 22 Action Plan for the City of Buffalo for the Fiscal Year 2007.2008 Members of the Common Council David A. Franczyk Bonnie E. Russell Dominic J. Bonifacio, Jr. President President Pro - Tempore Majority Leader Fillmore District University District Niagara District Brian C. Davis Richard A. Fontana Joseph Golombek, Jr. Ellicott District Lovejoy District North District Michael P. Kearns Michael J. LoCurto Demone A. Smith South District Delaware District Masten District MISSION STATEMENT "To improve the quality of life within the City of Buffalo for its taxpayers, businesses, residents and visitors, while transforming and rebuilding the City into a vibrant and growing home - ownership, business, education and entertainment hub within Erie County and the Western New York Region." REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, COMMISSIONER OF EDPI AND THE COMMISSIONER OF POLICE, CD, EDPI AND POLICE FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 23 Board of Assessment Review Training Enclosed please find certificates issued by the County Director of Real Property Tax Services, Joseph Maciejewski attesting to the fact that the 2006 -2007 Board of Assessment Review (BAR) permanent and temporary members attended and completed the required BAR training held on January 2, 2007. The BAR member roster is as follows: Richard Abrahamson Keith Barnes Otis Cowart, temporary member Warren Glover, temporary member Edward Herndon Coralia Hetzner William Maggio RECEIVED AND FILED FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 24 Report of Bids East Thickener Drive Emergency Rehabilitation Ellicott District Plans and specifications were prepared and sealed proposals accepted for the East Thickener Drive Emergency Rehabilitation at the Colonel Ward Complex. I hereby submit the following report of bids which were received and opened in my office at ii -00 a.m. on March 20, 2007. John W. Danforth Co. $72,200.00 300 Colvin Parkway Tonawanda, NY 14150 Hohl Industrial Services $114,000.00 770 Riverview Blvd. Tonawanda, NY 14150 1 certify that foregoing is a true and correct statement of all bids received and that John W° Danforth Co. is the lowest responsible bidder complying with the plans and specifications. I respectfully request that your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to enter into a contract with John W. Danforth Co. for the cost thereof to be charged to the Division of Water account 53023517 for a total encumbrance of $72,200.00. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 28, 2007, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the East Thickener Drive Emergency Rehabilitation to John W. Danforth Co., the lowest responsible bidder, in the amount of $72,200.00. Funds for the project are available in Division of Water account 53023517. PASSED AYES - 8 NOES - 0 NO. 25 Report of Bids Shoshone Pool Emergency Treatment System Replacement Job #0721 University District The Commissioner asked for on March 23, 2007 and received the following emergency bids for Treatment System Replacement at the Shoshone Pool. The Commissioner of Public Works, Parks & Streets has declared an emergency for the Shoshone Pool Treatment System Replacement because the current system is inoperable. Numarco, Inc. $39,380.00 1021 Maple Rd., Elma, NY Colgate Industries No Bid 142 Colgate, Buffalo, NY M J Mechanical Services No Bid 2040 Military, Tonawanda, NY R P Mechanical No Bid 7165 Genesee, Springville, NY W C Roberson Plumbing No Bid 602 E Delavan, Buffalo, NY The Department of Public Works, Parks & Streets will enter into a contract with Numarco, Inc. in the amount of Thirty Nine Thousand Three Hundred Eighty and 00/100 Dollars ($39,380.00) which includes a 10% contingency for potential unforeseen conditions. Funds for the work are available in 38320906 445100 - Division of Buildings. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April 2, 2007, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Shoshone Pool, Emergency Treatment System Replacement, to Numarco, Inc., the lowest responsible bidder, in the amount of $39,380.00. Funds for the project are available in 38320906 445100 - Division of Buildings. PASSED AYES — 8 NOES — 0 NO. 26 Change in Contract North Jefferson Library Construction Job #0324 Masten District I hereby submit to Your Honorable Body the following changes for the North Jefferson Library, Construction, Electrical Construction, Tunney Electric, Inc., C #92010831. 1. Additional costs due to delays with structural steel, HVAC system, unsuitable soil and masonry problems added on to the time schedule which caused the electrical contractor extra costs. Add $ 7,301.35 The foregoing change results in a net increase in the contract of Seven Thousand Three Hundred One and 351100 Dollars ($7,301.35). SUMMARY Current Contract Amount $558,454.54 Amount of This Change Order ( #22) ADD $7,301.35 Revised Contract Amount $565,755.89 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 38321006 445100 - Division of Buildings. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 22, 2007, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 22, to Tunney Electric. Inc., an increase in the amount of $7,301.35, as more fully described in the above communication, for work relating to Job No. 0324, North Jefferson Library Construction, C #92010831. Funds for this project are available in 38321006 445100 - Division of Buildings. PASSED AYES — 8 NOES — 0 NO. 27 Certificate of Appointment Appointment Effective: April 2, 2007 in the Department of Public Works, Parks & Streets Division of Water to the Position of Water Service Inspector Provisional Promotion at the: Intermediate Starting Salary of: $34,233 Philip J. Mazzone 254 Schiller Street Buffalo, New York 14206 REFERRED TO TEE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE No. 28 Certificate of Appointment Appointment Effective: Jan 15, 2007 in the Department of Police Division of Detective to the Position of Detective Contingent Permanent Promotion at the Flat Starting Salary of $59,909 Ellen M Nowadly 661 Terrace Blvd Depew NY 14043 John C Garcia 135 Darwin Dr Amherst, NY 14226 Michael G Keane 94 S Transit Hill Dr Depew, NY 14043 REFERRED TO THE COMMITTEE ON CIVIL SERVICE a :IQ LViIII! I:I =K916]Lrihri11.14IQ0114:ZO] a x9161 0 IQLVi1 [y 1] =kTj =I KQ :jLril =I 0 ref 0 :j 4 NLril11 E- l0 :j x01 IQ 0 ZATJ IN *� NO. 29 Addressing Vacant Properties As A Regional Issue Res #102, C.C.P. December 12, 2006 1 am writing in response to your request to comment on Resolution # 102 CCP, "Addressing Vacant Properties As A Regional Issue." The Mayor is receptive to the message of targeting vacant properties. Buffalo's sister communities - -such as Cleveland and Dayton in Ohio, Genesee County in Michigan, and Philadelphia, Pennsylvania - -are testing innovative vacant property programs that show great promise. Buffalo could learn from and adapt these model practices to fit locations. The recently published Blueprint Buffalo gives the mayor and regional leaders a policy framework they can craft as a catalyst for the renaissance of the city and the region. While the problem of vacant properties is very intense in the City of Buffalo where we have lost more than half our population over fifty years, the problem is becoming regional in scope. The incidence of vacancies and their attendant ills - from vandalism and unlawful occupancy to crime and health hazards -- have begun to creep out into the close -in suburbs. The Department of Economic Development, Permit & Inspections will be working with the Office of Strategic Planning to address these issues. If you have further questions, I would be happy to discuss this matter with you. RECEIVED AND FILED NO. 30 DEMOLITION OF 171 SMITH STREET (EXC. 1 & 3 RES) RES #102, C.C.P. NOV. 28 2006 Dear Councilmembers: I am writing in response to your request to comment on Resolution # 102 CCP, "Demolition of 171 Smith Street (Exc. 1 st& 3rd) ". Vacant and abandoned properties pose significant problems for the City of Buffalo. As members of the Common Council are aware, more than 22,000 housing units in the City of Buffalo are vacant or uninhabitable creating a pronounced blighting influence on many neighborhoods, similar to that of 171 Smith Street. The property located at 171 Smith Street was ordered for demolition last year by City Court Judge, the Honorable Henry Nowak. The property is privately owed and will be scheduled for demolition when monies are available, but currently there are no demolition funds available. The City is aggressively seeking Federal, State, and Buffalo Capital Budget allocations to remove the blighting influences of abandoned privately and public owned real estate. The Department shares the views expressed by the Common Council and concerned neighbors surrounding 171 Smith Street. I have notified my Demolition Coordinator of the Council's concerns and upon receipt of funding, we will push for immediate demolition. If you have further questions, I would be happy to discuss this matter with you. RECEIVED AND FILED NO. 31 ADMINISTRATIVE ORDER FROM THE COMMISSIONER (2007 -010) March 20, 2007 Buffalo Common Council City Hall Buffalo, New York Dear Councilmembers: See attached Administrative Order / "Ordinace Amendment - Chapter 437 Sincerely yours, Commissioner Taxicabs & Liveries ". ADMINISTRATIVE ORDER FROM THE COMMISSIONER Title of Action: Ordinance Amendment - Chapter 437 Taxicabs & Liveries Date of Adoption: January23, 2007 Effective Date: January 23, 2007 Date of Original Implementation: January 9, 2007 Revisions: Yes Original Action: Chapter 437, Section 17 -2 and Item #91 CCP 01/23/07 Mayor Byron W. Brown Supervisor of Licenses Mary Zizzo, License Staff, Buffalo Common Council Background In the past, Taxicab and Livery vehicles were licensed to operate throughout the City of Buffalo without regard to the age of the vehicle. On January 23, 2007 the Buffalo Common Council adopted Resolution #91 CCP 01/23/07. This resolution establishes an age limit for taxicabs licensed in the Clty of Buffalo. Purpose of Administrative Order The purpose of this order is to give guidance to Licensing Staff regarding the ordinance amendment related to application procedures — Order Effective May 1, 2007, for all new and renewed taxicab licenses, the maximum vehicle age in order to obtain a taxicab and /or livery vehicle license shall be fifteen (15)- model -year age dated from the most current licensing year. Effective May 1, 2008, for all new and renewed taxicab licenses, the maximum vehicle age in order to obtain a taxicab and /or livery vehicle license shall be twelve (12)- model -year age dated from the most current licensing year. Effective May 1, 2009 and thereafter, for all new and renewed taxicab licenses, the maximum vehicle age in order to obtain a taxicab and /or livery vehicle license shall be ten (10)- model -year age dated from the most current licensing year. The Staff will revise current applications to inform applicants and reflect the new changes. For More Information If there are further questions regarding this notice, please contact the City of Buffalo's Department of Economic Development, Permit and Inspection Services, Office of RECEIVED AND FILED NO. 32 FORECLOSURE NOTIFICATION RES #94, C.C.P. FEBRUARY 20, 2007 Dear Councilmembers: I am writing in response to your request to comment on Resolution # 94 CCP, "Foreclosure Notification ". I would concur with my colleague Timothy E, Wanamaker, Executive Director, Office of Strategic Planning and pledge my full support of Resolution 94. The proposed ordinance addresses a serious problem taken place in the City of Buffalo and serves a credible public interest by ensuring that properties located in the City meet building code requirements, do not pose a hazard to individuals and the community, and do not place a financial burden on the City of Buffalo. I have attached a copy of Mr. Wanamaker's response for your convenience. If you have further questions, I would be happy to discuss this matter with you. Commissioner REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 33 1318 NIAGARA The City of Buffalo has undertaken a demolition at 1318 Niagara Street, a property owned by the City of Buffalo and obtained through tax foreclosure. During the demolition, environmental contamination was found. The City of Buffalo has undertaken environmental testing of the property which has indicated that the property must be further investigated and remediated. Funding is available pursuant to the New York State Department of Environmental Conservation's Environmental Restoration Program to defray the costs of investigating and remediating the property. The State will reimburse municipalities 90% of the costs to investigate an and remediate a property through this program. Attached for your approval is a draft resolution authorizing the City to apply for and administer funds received from New York State pursuant to the Environmental Restoration Program. Mr. Bonifacio moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated March 12, 2007, be received and filed; and That the Mayor be, and he hereby is authorized to apply for and administer funds received from New York State pursuant to the Environmental Restoration Program for the demolition of 1318 Niagara Street, owned by the City of Buffalo. PASSED AYES - 8 NOES -0 NO. 34 TRANS FAT POSTINGS IN RESTAURANTS RES #100, C.C.P. MARCH 7, 2007 Buffalo Common Council City Hall Buffalo, New York Dear Councilmembers: I am writing in response to your request to comment on Res # 100 CCP, "Trans Fat Postings in Restaurants ". The Council has asked the Department of Economic Development, Permit and Inspection Services to comment on 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. Since the Erie County Health Department has broader authority over restaurants and is considering a trans fat ordinance, we would recommend the Common Council defer action until the County legislative process has been completed. The Department is closely monitoring Erie County's legislative process on the issue and its potential adoption on a county- wide basis. If you have further questions, I would be happy to discuss this matter with you. RECEIVED AND FILED FROM THE COMMISSIONER OF COMMUNITY SERVICES AND RECREATIONAL PROGRAMMING NO. 35 VAN PURCHASE The Department of Community Services & Recreational Programming is requesting to purchase a 12 Passenger Van for Divison for Senior Services. New York State Contract PC62820 at a cost of $19,580.42. Mr. Bonifacio moved That the Department of Community Services is hereby authorized to purchase a 12 passenger van for the Division of Senior Services at a cost of $19,580.42 PASSED AYES - 8 NOES -0 FROM THE COMMISSIONER OF HUMAN RESOURCES NO. 36 CONTRACT APPROVAL 1/0 SOLUTIONS CONTRACT APPROVAL ADDENDUM TO AGREEMENT ENTERED INTO WITH 1/0 SOLUTIONS TO WHOM IT MAY CONCERN: WE ARE RETURNING HEREWITH, APPROVED AS TO FORM, THE ABOVE REFERENCED CONTRACT. ONCE ALL SIGNATURES HAVE BEEN OBTAINED, PLEASE FORWARD A COPY OF THE FULLY EXECUTED CONTRACT TO OUR OFFICE FOR OUR RECORDS. ALISA A. LUKASIEWICZ, ATTACHMENT Mr. Bonifacio moved: That the above communication from the Administrative Director of the Department of Human Resources dated March 16, 2007, be received and filed; and That the Commissioner of Human Resources be, and he hereby is authorized to enter into an Addendum to Agreement between the City and 1/0 Solutions for the development of the exam for the position of entry -level police officer, be and hereby is approved. AYES - 8 NOES -0 NO. 37 RESIDENCY WAIVER I hereby approve a request for residency waiver for Robert Leach, Commissioner of MIS, for three months. Mr. Leach must present proof of residence to this office by June 19, 2007. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE BOARD OF EDUCATION NO. 38 DISTRICT SUSPENSION DATA (SEPTEMBER 2007 - JANUARY 2007) As per your request, I have provided data on district -wide suspensions. The data provided is year to date as of 1/31/07. Information available for review in The City Clerk's Office Please note that each of these infractions have been used to describe student behavior among the district's Pre -K through 12 grade populations and that the above infractions are used subjectively. For instance, a Pre -K student who is disciplined for unintentionally kicking the teacher as a result of flailing his legs during a tantrum or an 8 grade student who brushes pass a teacher aide who is blocking the pathway of a student after being told to remain in her seat would be categorized as physical Contact w /School Personnel ". The same would hold true for a student who intentionally punches the building principal after being informed that he would be suspended for insubordination. Additionally, the numerical data above represents allegations. For those cases that warrant a disciplinary due process hearing the student's behavior is reviewed and it is sometimes determined that the initial infraction that the student was alleged to have engaged in, is changed or modified. For instance, ira student is suspended from school for allegedly establishing physical contact with a teacher and it was determined based upon the facts presented in a disciplinary due process hearing that the student who was disciplined was not the student who established physical contact. The infraction would not change as the district maintains data on allegations and not dispositions. I have provided very loose definitions as a framework toward understanding the above infractions. Fighting /Assault: When a student has engaged in behavior that results in a physical confrontation between one or more students. Physical Harassment: When a student has through the use of an object or objects intentionally attempts to cause injury of an adult. Physical Contact w /School Personnel: when a student intentionally or unintentionally establishes physical contact with an adult. (Adult is defined as any adult that may or may not be a member of the school community) I am available to clarify or discuss in detail the contents of this memo. REFEPRED TO THE SPECIAL COMMITTEE ON EDUCATION 'Please note that the numerical data contained in this report does not represent the total number of students that have been suspended from school but represents the total number of suspensions. NO. 39 2005 -2008 THREE -YEAR STUDENT SUPPORT PLAN BUFFALO BOARD OF EDUCATION BUFFALO, NEW YORK Available for review in the City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 40 DROPOUT PREVENTION Chart available for review in the City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 41 SAFE SUPPORT SERVICES THREE YEAR STUDENT SUPP— PLAN Essential Question How can we create and sustain safe, healthy, supportive learning environments in The Buffalo Public Schools that will result in improved student academic achievement for all Buffalo Public School Students? Answer: By creating a Three Year Student Support Plan that is comparable to the Three Year Plan, in that it is research based, data - driven and out -come focused and will enable the D— to make the kind of informed, needs -based choices that result in continuous improvement of student support services. The District has benefited from the out reach of support from various community leaders who have committed their support to help make our schools safe havens for learning. Agency leaders and their staff remain at the table detailing the type of structure and support that may be able to provide to school children and their families. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION FROM THE CITY CLERK NO. 42 MINUTES OF THE BOARD OF ETHICS Attached please find the minutes of the February 27, 2007 Board of Ethic meeting. RECEIVED AND FILED. NO. 43 AUTO ALLOWANCE I transmit herewith certificates of auto allowance submitted for the following individuals in the various departments listed below: Community Services - Douglas R. Ruffin, Murial S. Somma RECEIVED AND FILED. NO. 44 LIQUOR LICENSE APPLICATIONS Address Business Name Owner's Name 283 Davey St. Siragusa's Anthony Syracuse 3199 Main St. The Garage Sports Bar /Grill K. Herman 391 -393 Ellicott St. Buffalo Icon Inc. F. Ciccarelli RECEIVED AND FILED. NO. 46 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Public Works, Streets & Parks -J. Hall RECEIVED AND FILED. NO. 46 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 ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS Appointment Effective 4/16/07 in the Department of Administration, Finance, Policy & Urban Affairs, Division of Parking Enforcement, to the position of Parking Enforcement Officer, Permanent, at the minimum starting salary of $25,793. Kimberly A. Bobo 203 Adams Street Buffalo, NY 14206 DEPARTMENT OF LAW Appointment Effective March 19, 2007 in the Department of Law, to the position of Assistant Corporation Counsel I (Muni), Temporary, at the minimum starting salary of $45,757. Mary B. Bowman 147 Lancaster Avenue Apt. 1 Buffalo, NY 14222 Appointment Effective March 19, 2007 in the Department of Law, to the position of Legal Secretary, Provisional, at the minimum starting salary of $29,179. Denise M. Sandarelli 86 Camden Buffalo, NY 14216 DEPARTMENT OF POLICE Appointment Effective January 15, 2007 in the Department of Police, Division of Administration and Communications, to the position of Crime Analyst, Provisional, at the minimum starting salary of $41,174. Timothy J. Strunk 151 Hollywood Avenue Buffalo, NY 14220 DEPARTMENT OF PUBLIC WORKS, PARKS AND STREETS Appointment Effective March 28, 2007 in the Department of Public Works, Parks, and Streets, Division of Engineering, to the position of General Mechanic, Permanent, at the minimum starting salary of $28,179. Timothy Delaney 15 Indian Church Road Buffalo, NY 14210 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 47 THE UP SIDE AND DOWN SIDE OF WIRELESS MESH NETWORKS Mesh networks are a hot new trend in : wireless, in fact. mesh technology is the next step in the evolution of wireless architecture, promising greater flexibility, reliability and performance over conventional Wi -Fi wireless LANs (WLANs /. Unlike WLANs that have a wired connection between APs and switches or a wired LAN, in wireless mesh networks (WMNs), all communications among mesh network nodes, and between nodes and clients, is over a radio link instead of cable. Some WMN vendors additionally support connectivity between their mesh networks and an enterprise network via either radio (802. 1 1 a /big or direct Ethernet(100BaseT) cable connection for users or service providers who wahl to interconnect the two networks. The major benefit of this emerging technology is that it enables anyone with a wireless adapter card in their laptop, tablet or PDA lo communicate on a peer -to -peer basis, in addition to accessing a WLAN. The key advantages of wireless mesh networks include ease of installation, no cable costs, automatic connection among all nodes, network flexibility, automatic discovery of newly added nodes, redundancy and self - healing reliability. According to a recent study by ABI Research, the use of mesh networking technology for large -scale wireless deployments could easily grow by a factor of 10 over the next five years. Wireless mesh networks can be deployed outdoors or indoors, in the home or small office. The deployment of outdoor WMNs for a metropolitan area, such as citywide or community -wide "hot zones," or large "'hot spots," e.g., corporate or university campuses, will likely contribute to the anticipated substantial market growth. Wireless mesh network players are growing in number and now include more than a half -dozen privately -held startups, including Co Co Communications, Be1Air Networks, Firetide, Mesh Dynamics, PacketHop, Sky Pilot, Strix Systems and Tropos Networks, each of which provides its own hardware /software solution. In addition, legacy network vendors that currently offer WMN products include Motorola Mesh Networks, Nortel, and most recently, Cisco. The entrance of Cisco into WMNs further validates the industry and bolsters growth predictions. There are two basic types of WMN architectures: fixed and mobile. Fixed mesh networks contain network nodes deployed throughout an indoor or outdoor area or zone specified for wireless connectivity. Each physical node houses touters, radios and one or more antennas. Outdoor nodes are mounted on utility poles or buildings throughout a campus or metropolitan area to form a wireless infrastructure referred to as a "hot spot" or zone. Some WMN vendors support both indoor and outdoor fixed WMNs with seamless connection between the two. In contrast, mobile WMNs are tuned for high mobility and enable the creation of autonomous mobile networks composed of off - the -shelf devices, each containing an 802.11 wireless radio. Mobile mesh networks can be deployed instantaneously anywhere and provide broadband coverage wherever users are. Mobile networks grow in capacity, range and redundant connections as more users join. Additional client nodes fill in gaps in the wireless coverage. Mobile WMNs have been used by the military to establish temporary networks under battlefield conditions. They are also applicable to ad hoc applications by first responders, such as police, firefighters and EMS crews because they can be immediately established and then terminated when a mission is completed. All the vendors mentioned above, except Co Co Communications and PacketHop, provide fixed WMNs. Motorola Mesh Networks and Nor -tel provides both fixed and mobile mesh networks, and each of these two large vendors has partnered with PacketHop. PacketHop and Co Co Communications each offer software that creates an instant mobile network anywhere, on the fly. Both companies are targeting first responders. The Up Side Mesh technology opens up new applications and offers several benefits over conventional Wi -Fi WLANs. A WMN is easier to install and is less expensive than wired networks, since it uses radio signals instead of cable to connect nodes. Resiliency is a key attribute of WMNs. A mesh network supports multiple paths among network nodes, hence there is no single point of failure, and nodes can be added to increase redundancy. Mesh networks can load- balance traffic to prevent congestion and reroute traffic around congested REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF POLICE NO. 48 MINUTES OF THE MEETING OF MEMBERS BUFFALO MUNICIPAL HOUSING AUTHORITY FEBRUARY 15, 2007 The Buffalo Municipal Housing Authority convened in regular session on the 15th day of February 2007, at 12:00 Noon, in the Board Room of the Authority at 300 Perry Street, Buffalo, New York, with the Pledge to the Flag. The meeting was called to order by the Chairman. The Secretary called the roll. Those present and excused were as follows: Members Present: Members Excused: Michael A. Seaman, Chairman Charles Flynn, Member Betty Calvo- Torres, Vice - Chairperson Ronald Brown, Member Hal D. Payne, Member Joseph Mascia, Tenant - Member Leonard Williams, Tenant - Member Staff Gillian D. Brown, Interim Executive Director and Secretary Ken Kerr, Assistant Executive Director II Russell J. Sciandra, Assistant Legal Counsel Robert Bukowski, Director of Technical Operations Theresa Spagna, Deputy Executive Director of Personnel Susan M. Lynch -Kane, Director of MIS Thomas Caulfieldj Administrator for Capital Improvements Vincent Barrile, Audit Administrator Linda Gleason, Administrator for Employment and Training John Walters, Accounting Analyst Peter Lane, Occupancy Examiner Celeste Slaughter, Contract Compliance Monitor Carol Wilhelm, Grants Coordinator John DelMonte, Associate Accountant Sharon Nelson, Clerk Aide Audrey Cannizzaro, Executive Secretary RECEIVED AND FILED Others Rose Gandy, President, Ferry - Grider Homes Tenant Council Henry Littles, Manager, Marine Drive Apartments Bertha Mitchell, Buffalo Fiscal Stability Authority Salli Davis, Tenant, Ferry - Grider Homes Lori Griffa, Berkshire Farm Center's Services for Youth Deidre Williams, Reporter, Buffalo News Marcella Fenty, Tenant, Langfield Homes Ty'Ona Williams, Intern, Personnel Department Remarks by Rose Gandy, President, Ferry- Grider Homes Tenant Counsel Rose Gandy expressed her gratitude on behalf of the residents of Ferry Grider Homes for the improvements that have been made. She mentioned the new storm doors, showerheads and toilets. She continued that Stanley Fernandez conducted a self- sufficiency presentation, HUD came out and spoke about a wish list, and they are operating a successful SES after school program with 31 students being served. Ms. Gandy stated that Ferry - Grider also plans on hosting a meet and greet brunch, which will include other complexes. The first one will be east meets west and complexes from the west side are going to be invited. Ms. Gandy also reported that the tenants are planning a trip to Coming, New York, and their plans for the annual Night Out are complete. She invited all the Commissioners to their Black History month event scheduled for February 23' Ms. Gandy requested additional community space for resident programs. Chairman Seaman thanked Ms. Gandy for her dedication and commitment and that he will look into her request for additional space. Update Report on Marine Drive Apartments by Henry Littles, Manager Henry Littles introduced himself and advised that he works for Erie Regional Housing Development Corp., and is currently the Manager at Marine Drive Apartments. He added that he took over the management of Marine Drive effective, January 1, 2007. Mr. Littles passed out a report he prepared. He noted that he sent out 52 pay or quit notices to delinquent residents and several have come up with the money and others have made promises to pay within the next 30 to 45 days. He continued that several residents have gone to the Erie County Department of Social Services for a Letter of Guarantee Loan to get caught up on their rent. He added that several residents have decided to move out rather than go through the actual eviction process. Mr. Littles advised that there is a private collection firm working to collect approximately $253,000, and that he has been able to collect about $95,000 in outstanding debt. Mr. Littles further advised that he is in daily contact with the Authority's Finance Department, and sends copies of deposits and verifies what items should be paid. Mr. Littles continued that there is a major problem with the boilers. He added that both unions have agreed to a bi- monthly paycheck, and that it does save time on the administrative side. He further advised that at the present time the development, which consists of 616 apartments, is being operated with two people, and there is a desperate need for additional staff. Mr. Littles reported that the relationship with the residents is excellent and there have been several meetings on various issues, including safety concerns. Chairman Seaman asked Mr. Littles if he thought the vacancies might increase due to focussing on the delinquent rents. Mr. Littles thought that the vacancies might increase by another 30 units, and will probably continue to go up until it starts going the other way. Chairman Seaman also asked about the residents going to Erie County Department of Social Services for Loans, and asked if that would create a future problem. Gillian Brown explained that the Letters of Guarantee generally are not callable very quickly; however, it must be paid back before they are allowed to get another one. Mr. Littles advised that there is currently a backlog list of over 300 individuals; however, many are not quality applicants. He advised that DHCR is looking at FICO scores of at least 600, and in a 24 month period, no more than three times being late with the current landlord. Ron Brown asked what is being done to identify quality residents and /or eligible residents. Mr. Littles explained that in accordance with New York State Law, you have to go through the backlog list of 300 applicants first. He continued that you also have to go through an appeal process when someone is denied, and wade through the whole cycle with DHCR, before you can get to the quality residents. Ron Brown confirmed that you still have to submit the application even if they don't pre - qualify. Ron Brown asked about advertising and marketing, and other ways to get the word out that you are looking for quality residents. Chairman Seaman asked about the 70 vacant units, and how many were ready for occupancy right now. Mr. Littles replied about 50 %. Mr. Littles added that you have to advise anyone applying now that there is a backlog of 300 applicants. Mr. Littles further advised that there is currently an 18 month waiting list for a one bedroom apartment, and that individuals call on a daily basis to see where they are on the waiting list. Mr. Mascia confirmed with Mr. Littles the process for making an application; and stated that the application is reviewed, and if it doesn't pass Mr. Littles criteria, it doesn't get sent on to DHCR, only the ones that qualify. Mr. Littles stated that he was correct; however, he still has to send the applications that get denied to DHCR to see if they are eligible for appeal. Ron Brown asked if the process would move more swiftly if another body was added to his office or if th process was outsourced, and someone went through all the applications to see if the individual pre - qualifies. Mr. Littles explained that it was not just a matter of looking at the credit report, you also have to look at references and background checks. He continued that there are probably about nine items you have to go through before a determination can be made. Chairman Seaman confirmed with Mr. Littles that once he receives additional staff, the process will speed up. Mr. Littles stated that it would. Ms. Calvo- Torres confirmed with Mr. Littles that when prospective tenants call, they are advised that there is an 18 -month waiting period. Mr. Littles advised that was for a one bedroom, and the waiting period is different for a two and three bedroom unit. Ms. Calvo- Torres asked how the waiting period is determined. Mr. Littles advised it was the determined by the actual application and the pattern established in the past under the previous management. Mr. Little further advised that the waiting period time frame is for the applicants use in determining a move out date with their current' landlord. Ms. Calvo -Tones questioned if there was the possibility of a shorter time frame, without additional staff, once Mr. Littles was settled in. Mr. Littles stated that once the process is in place and you get manpower in place; he is hopeful that he would be able to get through an application in 60 days; which would include from the time the application is submitted, the interview, and all documents and references are received. Ron Brown referenced the nine items that Mr. Littles explained are necessary when reviewing an application; and asked if it was mandatory that all nine items be reviewed. Ron Brown questioned if a person does not meet the income qualification right from the beginning, would you still have to go through all of the other criteria. Mr. Littles explained that a persons income could change by the time they are ready to move in. Mr. Littles further explained that the income portion is based on prior years. Ron Brown felt that failure to comply with the income portion of an application would be enough to deny without going through further due diligence. Mr. Littles further explained that he has seen some applicants bring in letters stating that they will receive additional income from family or friends. Chairman Seaman asked if anyone has spoken to the State to help expedite the backlog and speed up the process. Gillian Brown advised that the Authority has made a formal request to Deputy Commissioner McCurnin asking that now that there is a new manager in place at Marine Drive, would it be possible to free the Authority from the requirement that DHCR approve every application. Gillian continued that the Authority knows how to approve applications and should be allowed to approve its own applications. He continued that he was advised that DHCR is considering it and they would like to see a track record of what is being brought in and how Erie Regional is doing before they make a final decision. He further advised that there are a whole lot of factors they want to monitor concerning Erie Regionals performance. Gillian added that he is confident that the Deputy Commissioner will allow a trial period and that he sympathizes with Mr. Littles wait list dilemma because you have no idea whom is on the wait list or how those decisions were made. Gillian further added just because you file for an appeal does not mean you are going to win, and you do not have to hold an apartment while the appeal is pending. Chairman Seaman asked Mr. Littles to attend future Board Meetings and give update reports. Mr. Mascia asked if the Consultant has been able to come up any recommendations or procedures. Mr. Littles explained that the Consultant has a great background in the commercial housing field; however, she has no experience dealing with New York State guidelines, and there have been no recommendations at all. Chairman Seaman advised that he received something from the Consultant today and forwarded it on to Mr. Littles. Agenda Item I: minutes Ms. Calvo- Torres made a motion to approve the Minutes of the Authority Meeting held January 18, 2007, Mr. Williams seconded, and the item was carried unanimously. Agenda Item II (1 -9): Committee Reports Finance Committee 1. Submitted by Modesto Candelario, Assistant Executive Director, to Authority Commissioners, was a request for approval of revision to the 2003 Capital Fund Program, NY06P00250103, which revision transfers funds from the Capital Improvements training line (1408) and the Executive BURA /drug testing line to be one of the funding sources for the upcoming roof and cantilever reinforcement job at Scattered Site C. Mr. Payne made a motion to approve this item; Mr. Mascia seconded, and the item was carried unanimously. 2. Submitted by Modesto Candelario, Assistant Executive Director, to Authority Commissioners, was a request for approval of revision to the 2004 Capital Fund Program, NY06P00250104, which revision moves money from the Capital Improvements advertising /1410 line, the EquipmenV1475 line, and the Contingency line to partially fund the award of Scattered Site roof replacement and cantilever reinforcement. Mr. Payne made a motion to approve this item; Mr. Mascia seconded, and the item was carried unanimously. 3. Submitted by Susan M. Grzechowiak, Director of Management and Family Support Services, to Authority Commissioners, was a request for approval of write off of 22 Federal Suspense Accounts in the amount of$24,116.79. Mr. Payne made a motion to approve this item; Mr. Williams seconded, and the item was carried unanimously. 4. Ms. Calvo- Torres moved that the tabled agenda item, tabled at the Authority Meeting of November 16, 2006, regarding approval of write -off of suspense accounts, be removed from the table; Mr. Mascia seconded, and the item was carried unanimously Submitted by Susan M. Grzechowiak, Director of Management and Family Support Services, to Authority Commissioners, was a request for approval of write off of 28 Federal Suspense Accounts in flae amount of $25,560.81. Mr. Payne made a motion to approve this, Mr. Williams seconded, and the item was carried unanimously. 5. Ms. Calve- Tortes moved that the tabled agenda item, tabled at the Authority Meeting of December 21,2006, regarding approval of write -off of suspense accounts, be removed from the table; Mr. Mascia seconded, and the item was carried unanimously Submitted by Susan M. Grzechowiak, Director of Management and Family Support Services, to Authority Commissioners, was a request for approval of write -off of 12 Federal Suspense Accounts in the amount of $10,423.51. Mr. Payne made a motion to approve this item; Ms. Calvo- Torres seconded, and the item was carried unanimously. Operations Committee 6. Submitted by Modesto Candelario was a request for approval of bids and award of contract for Roof Replacement and Cantilever Reinforcement at Scattered Site C (BMHA Job #06- 11 -CF) with American DND, Inc., at their lump sum bid of $294,443. Funding is available in the 2003, 2004, and 2005 Capital Fund Program Budgets. Mr. Payne made a motion to approve this item; Mr. Mascia seconded, and the item was carried unanimously. 7. Submitted by Russell J. Sciandra, Assistant Legal Counsel, to Authority Commissioners, was a request for approval era Right -of -Way Easement Agreement with National Fuel Gas for the extension of their main utility line running through the Holling Homes development. Mr. Mascia made a motion to approve this item; Mr. Payne seconded; and the item was carried unanimously. By -Laws Committee 8. Ms. Calvo- Torres reported that she submitted the final version of the By -laws to General Counsel who, in turn, made certain recommendations. She further indicated that by the next Board Meeting there should be a final version. Public Safety and Disaster Preparedness Committee Agenda Item III (1 -5): Informational Items Submitted by various departments to Authority Commissioners, were: 1. Status of Cases Update Report; 2. Monthly Update Report for Occupancy for the month ending January 2007; Contract Compliance Report; 4. Audit Update Report, Internal Audit Department; and 5. BFSA second quarter report. Ms. Calvo- Torres made a motion to receive and file Agenda Items III (1) through and including (5); Mr. Williams seconded, and the item was carried un unanimously. Agenda Item IV: Follow ups From Last Meeting None Agenda Item V: Other Authority Matters 1. Members scheduled the next Regular meeting of the Authority for Thursday, March 15, 2007, at 12:00 Noon, in the Board Room of the Authority at 300 Perry Street, Buffalo, New York. Agenda Item VI: Mr. Williams advised that he received a call from the new President of Holling Homes. He further advised that he previously questioned whether or not residents of the Authority could obtain Satellite TV service. Gillian Brown advised that the Authority currently has a private cable partner, Intertech Private Cable. He continued that Intertech is going from development to development making their services available; however, it is a very slow process. He added that Holling Homes will not be on line until they get Perry, Price and Ken -Lang completed. Gillian advised that he would have Matt Klein from Intertech prepare a report. Mr. Williams questioned why the Authority is staying with Intertech, and further questioned whether or not Satellite would be an option. Gillian explained that the Authority is with Intertech because an RFP was issued about seven years ago and Intertech was the firm that won. He further advised they are not the Authority's vendor they are its partner, and the Authority shares a certain cut of the profits. He continued that Intertech is able to provide cable at a lower cost to the Authority residents than comparable packages from what was Adelphia, to what is now Time - Warner. Mr. Williams stated that the monetary difference is about $2.00 a month. Gillian advised that Satellite TV service is a continuing issue for the Authority and other large landlords because of the installation of satellite dishes on the buildings that cause damage. Chairman Seaman asked Bob Bukowski for an update report on a problem that occurred in the morning at L.B.J. Apartments. Bob advised that earlier this morning the main cold water feed supply ruptured and the whole first floor was inundated with water. He added that the City of Buffalo Fire Department responded quickly, stayed on site and helped with the clean up. He continued that there was also a good response from Authority staff, both maintenance and engineering, and within an hour and a half the problem was stabilized. He further stated the City of Buffalo Water Department also responded very quickly and shut the water off to the building. He added that the water will be able to be turned back on in about four to five hours and that about six first floor residents have been displaced. Bob also reported that Enviroeare was on site to help with the clean up. Ron Brown asked if the rupture was outside or inside. Bob advised that it was in the building. Bob further explained that there was a failure to a flange connection to a valve. Mr. Mascia asked if the asbestos tile has been removed. Bob advised that most of the tile has been replaced on a number of occasions. He further explained that if the tile was not replaced, it has been abated or encapsulated. Ms. Calvo- Torres questioned the six residents who have been displaced. Bob Bukowski advised that their needs were attended to by staff, and the last time he checked they were watching TV in the community room. Gillian advised that if their apartments were not habitable by tonight, they would be put up in a hotel. Mr. Mascia asked if there is no water to the building, will it effect any of the other residents. Gillian advised they are all without water right now, and will be until later this afternoon. Mr. Payne acknowledged the Valentines that were given to them by the children from Ferry - Grider Homes. Agenda Item VII: Executive Session Mr. Payne moved that the Authority recess into Executive Session to discuss items as read from the agenda by the Secretary; Mr. Mascia seconded, and it was carried unanimously. Thereafter, Ms. Calvo- Torres made a motion that the Authority reconvene into regular /public session, after inviting members of the public, if any, to return; Mr. Payne seconded, and it was carried unanimously. Ms. Calvo- Torres reported on the Search Committee and its efforts to hire an Executive Director for the Buffalo Municipal Housing Authority. She advised that the process was commenced with a job announcement, which included an abbreviated job description, and which was published in both local and national publications. Ms. Calvo- Torres reported that there were a total of 31 applicants, which was then narrowed down to 10. The 10 applicants were all interviewed telephonically, which was done in order not to give an edge to the local applicants over those who applied from out of town. Ms. Calvo- Torres further advised that as a result of the telephonic interviews the list was further narrowed to 3 final candidates. She continued that the 3 final candidates were invited to participate in a personal interview. Ms. Calvo- Torres noted that the out of town candidates arrived the night before and were all invited to a luncheon in which six Commissioners participated. During that time the Commissioners had an opportunity to interact with the 3 candidates. The candidates were then given a tour of at least four sites, allowing them to spend valuable time with the Commissioners who were able to attend. Ms. Calvo,Torres advised that several of the factors used to determine the final decision were the needs of the tenants, the need for a good working relationship with HUD and the ability to tap into the resources HUD has to offer; the need for knowledge of the local business, economic, and political environment as it exists today and as it will exist in the future; the need for passion and dedication to turn the Authority around; and the need for a new energy and enthusiasm. Mr. Calvo- Torres added that the Search Committee was not for the traditional or business as usual person, but instead, someone to lead the Authority into the future with a sense of innovation and vision. Ms. Calvo- Torres advised that the Search Committee is recommending the offering of a contract, subject to negotiation, to Dawn Sanders. Ms. Calvo- Torres stressed that it is simply an offer, not a contract, an offer that will be extended to her and thereby enter into negotiations and the results will be reported. Ms. Calvo- Torres made a motion to enter into negotiations for a contract for the employment of an Executive Director of the Buffalo Municipal Housing Authority with Dawn Sanders; Mr. Williams seconded, and upon roll call vote, the Ayes and Nays were as follows: AYES NAYS Ms. Calvo- Torres None Mr. Brown Mr. Payne Mr. Williams Mr. Mascia Mr. Seaman Based upon roll call vote, the item was carried unanimously. Agenda Item VIII Adjournment There being no further business to come before the Authority, Ms. Calvo- Torres made a motion to adjourn; Mr. Williams seconded, and it was carried unanimously. RECEIVED AND FILED No. 49 Req Pkg Signs 130 S Elmwood Ave The Federal Protective Service (FPS), a police agency within the US Department of Homeland Security, is seeking your assistance in a matter of obtaining a parking sign in front of the Niagara Center Office Building located at 130 S. Elmwood Ave. Currently, the front of the building has "No Standing" signage, and we are very grateful that this signage was provided. We are seeking to have one sign added, which would be in addition to the "No Standing" signage, and that would be "Police Vehicles Only." To be clear, we only want this sign added at one pole, NOT across the entire front of the building. The reason we are making this request is we routinely park our police vehicles in the front of the building as a visible deterrent, to discourage others from parking there, and to allow a faster response time on calls. We intend to begin stricter enforcement of the no standing zone in front of the facility, and do not want to set a bad example if our vehicles are parked in the same area. The Federal Protective Service provides police and physical security services to federally owned and leased properties across the nation. The FPS Buffalo Field Office, which is located in the Niagara Center, is responsible for over 50 facilities in the Western New York area, with the largest concentration in the Downtown Buffalo area. We strive to work closely with local police agencies due to our small force and large geographic area of responsibility. We have also submitted a letter to the Department of Public Works requesting this signage. If you have any questions, please do not hesitate to contact me at the below listed number. Thank you for your time and assistance. RECEIVED AND FILED NO. 50 Zeptometrix- 878 Main Street Please file the attached item for further discussion at the next Common Council session to be held April 3, 2007. Thank you in advance for your assistance with this matter. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW RECEIVED AND FILED NO. 51 VIDEO SURVEILLANCE FOR STATE & LOCAL GOVT NON - FEDERAL PUBLIC BUILDINGS AND INFRASTRUCTURE AT RISK States, territories, cities and counties of the United States have invested over decades, even centuries, in government buildings and infrastructure -- capitals, administrative buildings, court houses, schools, libraries, public utilities, emergency response departments, prisons and juvenile detention centers. State and local governments have also funded and built major transportation infrastructure projects - -- extensive underwater tunnels and bridges connecting remote areas and accessing important transportation hubs. Few were constructed with today's security concerns in mind and most remain vulnerable with the minimum of security measures in place. The Department of Homeland Security, the Transportation Safety Administration, and other agencies have established grants to eligible states and localities to fund upgrades of security systems, including their video surveillance systems. A significant improvement in video surveillance is the addition of intelligence provided by the government- tested and approved technology, Object Video VEW. STEPPING UP PUBLIC PROTECTION WITH SMART SOFTWARE Many state, city and country government buildings and some critical infrastructure sites are already under video surveillance, and these are suitable for the addition of Object Video VEW, the leading intelligent video surveillance software. The software makes video surveillance reliable and effective. Without committing excessive time to training and installation or incurring high costs per camera, government security officials can improve the security of any facility or area within the view of surveillance cameras with Object Video VEW. It monitors for objects left behind or removed and for other unusual activity in or near prohibited areas. Using Object Video VEW's straightforward interface, security officials can direct the software to look for unusual objects (an abandoned object) or suspect activity (a person or vehicle moving in a prohibited area). Object Video VEW filters out activity that is normal for the view, reducing the chance that officials may be required to intervene if nothing unusual is happening. The software monitors what the camera sees at any moment in that area and sends alerts when the pre -set security guidelines, or rules, are broken. Object Video's software provides accurate, 2 x 7 coverage of critical assets to detect: » Objects or equipment removed from or left behind in a secure area » People or vehicles entering or leaving a secure area » Vehicles parked for an extended period of time near a facility With Object Video VEW, a security official can direct a camera view to focus automatically on an area of interest and within a matter of minutes can implement a rule, quickly creating a virtual barrier around, for example, a secure entry to a state capital, the reservoir at a water treatment plant, or the entry areas to an underwater tunnel, triggering an alert If a person enters or exits the area. An official can also set an Object Video VEW video tripwire to detect the direction of people or vehicles in a designated area, such as pedestrians or vehicles approaching From an unlikely direction, which may be a signal of trouble. Object Video VEW helps monitor camera views, dramatically increasing the probability of detecting a security threat, while generating fewer false alarms than conventional video surveillance alone. Instead of attempting to watch a bank of monitors for events, security staff can patrol areas beyond the camera view and respond to alerts from the surveillance system as necessary. OBJECTVIDEO VEW: FUNCTIONAL AND FLEXIBLE A proven and patented software product, Object Video VEW works out -of- the -box within any existing video surveillance infrastructure in both indoor and outdoor applications. With the software's ability to distinguish between potentially threatening activities and irrelevant events, such as trees swaying and waves crashing, Object Video VEW performs weft even in the most challenging environments. In addition, alerts are broadcast instantly and automatically to designated e- mail addresses, cell phones, PDAs and alert consoles. REFERRRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF POLICE NO. 52 EARTHLINK MUNICIPAL NETWORKS RE: Meeting with Common Council Members to Discuss Benefits of Wi -Ei Technology for Community and Economic Development EarthLink Municipal Networks has been actively working with cities such as Philadelphia, Alexandria, Virginia, New Orleans and the like to roll out citywide wireless networks using Wi -Fi technology. These cities are using Wi -Fi for a variety of initiatives including government efficiency efforts, digital inclusion programs, public safety efforts and economic development. We understand that Buffalo has been very active in rolling out Wi -Fi in the city through organizations like Buffalo Niagara WiFi.org. Given Buffalo's interest as demonstrated by this initiative, EarthLink would like the opportunity to meet with you and the appropriate members of the city of Buffalo's Common Council to provide information on the benefits of using Wi -Fi for community and economic development, as well as for government efficiencies. Might there be a meeting of Council members that would be suitable for EarthLink to present, provide this type of information and answer any questions? REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 53 SUPPORT MORE POLICE OFFICERS Please accept this letter of support for your recent resolution regarding the need for additional police officers in Buffalo, NY. The facts are clear, the crimes ever - mounting, the need is evident. The West Village Renaissance Group, Inc. stands strong in our support of both this resolution and our current Buffalo Police Department. Our officers have performed admirably considering the lack of staffing and mounting crime. However, in any case, exhaustion can affect the quality of the delivery of service and the city, as a whole, stands to lose what we here in the West Village, have come to know as a tremendous resource and contribution to the quality of life in our neighborhoods. Experience in working with both the Common Council and the Buffalo Police Department has provided great rewards to our community, far and wide. We need these services, not only to continue, but also to be further supplemented to assure the stabilization of our city. The amount spent in overtime since January 1, 2007 has certainly far surpassed a budget that could include additional officers on each shift. To be penny wise and palm foolish is not wisdom, at all. With a small force in Sector B -I, we have experienced solid returns but we also know more can be done with proper staffing. When a business grows and has need, they certainly hire more staff to assure customer service levels are not only maintained, but allow for more growth of that business. To allow for the growth of law and order through the hiring of more officers would send a loud and clear message to those with illegal activity on the forefront of their minds: "Buffalo is not a place you want to do business in!" Let us, here in the West Village, shout that out with you in the face of all that would further decay or allow for future decay, of our great city. RECEIVED AND FILED NO. 54 INTERMUNICIPAL PARKS AGREEMENT TO WHOM IT MAY CONCERN: I HEREBY CERTIFY, That at the 6th Session of the Legislature of Erie County, held in the Legislative Chambers, in the City of Buffalo on the Fifteenth day of March, 2007 A.D. a Resolution was adopted, of which the following is a true copy: A RESOLUTION SUBMITTED BY LEGISLATORS WHYTE, MARINELLI, MILLS, GRANT, IANNELLO, KENNEDY, KONST, KOZUB, LOCKLEAIL LOUGHRAN, MAZUR, MILLER - WILLIAMS and REYNOLDS WHEREAS, on June 18, 2004, the City of Buffalo and the County of Erie entered into the "inter- Municipal Parks Agreement" which transferred the responsibility of the management and operation of Buffalo Parks mad Parkways to Erie County; and WHEREAS, the Inter - Municipal Parks Agreement authorized the Erie County Executive to enter into a subsequent agreement with the Buffalo Olmsted Conservancy to manage, operate, maintain, restore and enhance Olmsted Parks and Parkway Systems in the City of Buffalo ( "Olmsted Parks "); and and WHEREAS, on July 1, 2004, the Conservancy hogan managing all Olmsted Parks mad Parkways; WHEREAS, thousands our region's children participate in baseball, soccer, football, basketball and other organized activities in the Olmsted Parks; and WHEREAS, the 2004 agreements set the amount of fees that could be charged to organizations that use the Olmsted Parks; and WHEREAS, also according to the 2004 agreements, the Olmsted Conservancy does not have the authority to impose fees without approval of the Erie County Legislature and the City of Buffalo Common Council; and WHEREAS, on January 12, 2007 the Olmsted Conservancy issued a letter to all users of its parks informing them that the Conservancy was unilaterally raising or establishing fees for sports teams who use the parks; and WHEREAS, the Olmsted Conservancy intended to charge sports organizations $45 per day for each playing field or diamond used for organized athletics; and WHEREAS, the Olmsted Conservancy did not send the Erie County Legislature the January 12, 2007 letter about the fee increase and failed to have any communication with the Legislature about this important matter; and WHEREAS, this fee will result in a severe cost increase for sports leagues who will either discontinue activities or push the costs on to parents who already pay taxes to maintain parks; and WHEREAS, the Olmsted Conservancy "may" not allow sports teams to hold practices in Olmsted parks; and WHEREAS, there is a limited supply of green space in the City of Buffalo and in the absence of Parks there are no alternative baseball diamonds, basketball courts and football fields; and WHEREAS, not allowing sports teams to hold practices in the Olmsted Parks will effectively eliminate organized sports in much of the City of Buffalo. NOW, THEREFORE, BE IT RESOLVED, that this Honorable Body will not approve any fee increases to Little Leagues and Youth Sports Organizations for the use of Olmsted Parks; and be it further RESOLVED, that this honorable demands that the Olmsted Conservancy act in a responsible manner in future communications with the public and with the Erie County Legislature; and be it further RESOLVED, that the Olmsted Conservancy must fully inform the public that there will be no fee increases in 2007 by sending a written communication retracting the fee increase to each recipient of their January 12, 2007 letter which announced the unilateral increase; and he it further RESOLVED, that certified copies of the resolution be forwarded to the County Executive, County Attorney, Commissioner of Parks, Recreation and Forestry, Mayor - City of Buffalo, Buffalo Common Council and the Buffalo Olmsted Park Conservancy RECEIVED AND FILED NO. 55 BUFFALO SPECIAL POLICE I am formally requesting to be placed on the agenda of the Buffalo Common Council. I am asking that the Buffalo Police Commissioner, H. McCarthy Gibson, Corporation Counsel, and all of the Common Council members be in attendance. 1 would like to address the following issues: insurance, street patrol assignments, support of the Buffalo Police Department, and any other issues that the council may have relative to Article 13 Section 20 of the City of Buffalo Charter. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 66 TRAFFIC AT ABBOTT LORRAINE CAZENOVIA INTERSECTION Hello Mr. Kearns, I am not sure that you are the person I need to speak with, but I am a South Buffalo homeowner (I live on Eaglewood Ave) and I have strong concerns about the light on Abbott and Cazenovia /Lorraine. There is an arrow for cars turning off of Caz left onto Abbott, and an arrow on Lorraine turning left onto Abbott, however, on Abbott itself, there is no arrow to make a left turn onto Caz or Lorraine. At rush hour (3:30 -6:00) it is almost impossible to stay in the left lane on Abbott Rd. to go straight. If you are stuck behind someone making a left onto Lorraine or Cazenovia, you are stuck for 2 -3 light changes. Add to this confusion ears or Ambulances turning into Mercy hospital, or the traffic leaving Mercy's parking ramp at 3:00, and you have a recipe for disaster. There have been numerous traffic accidents at this light, not to mention immeasurable numbers of frustrated and irate drivers. Is there anything that can be done? Please let me know if you have any information, I would greatly appreciate it. REFERRED TO THE COMMITTEE ON LEGISLATION COMMISSIONER PUBLIC WORKS, PARKS AND STREETS NO. 67 FELL ALLEY PAVING REQUEST The below listed business and property owners share a common property line adjoining Fell Alley. The street runs parallel to Niagara Street accessing the rear of our properties between Virginia Street and Carolina Street. We are writing to respectfully make a request for your assistance since this street is vital for access to our business properties. We wish this letter to function as our formal request to get Fell Alley placed on the city's list for resurfacing as soon as possible. This public street is in a terrible state of disrepair and is hazardous due to the huge potholes, raised manholes and large defects in the roadway. It truly needs to be repaved because it is beyond repair by temporary methods. REFERRED TO THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 58 F. SASALA -REQ TO USE 253 ALLEN ST OUTDOOR PREMISES FOR PATIO The above item is available for review in The City Clerk's Office REFERRED TO THE COMMISSIONER OF ECONOMIC DEVELOPMENT, PERMITS AND INSPECTIONS NO. 59 REQ CONSOLIDATION OF MONTESSORI SCHOOLS The Montessori Parents' Association of Montessori School 78 respectfully requests that you and the Board of Education commit to a date and suitable arrangements for a public meeting to discuss the plans to consolidate Montessori 78 with Bennett Park Montessori. As you can imagine, we have many questions about this plan and its effects on our children and the school we have worked hard to support. So that we can make plans to continue to support our children and their school as best we can, we would like this meeting to occur at a mutually convenient time before the end of May, 2007. Also, we would like this meeting to be exclusively for parents of Montessori School 78, not a joint meeting with parents from Bennett Park, so that the many concerns specific to families from our school can receive proper focus. I Sincerely, REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 60 DISTRICT HEATING PROGRAM SUPPORT FEDERAL COURTHOUSE Common Council Resolution Numbers 137 and 142 Yesterday I received Mary H. Baldwin's letter dated March 23, 2007, which included copies of the above - referenced resolutions and invited our response. On behalf of Chief Judge Richard J. Arcara and myself, I would like to thank you for your continued support of the new federal courthouse. Without the cooperation of federal and local elected officials, the new courthouse would not now be a reality for our great City and all Western New York residents. As The Buffalo News opined in its recent editorial of March 16, 2007, it will fill a "deep need" for the federal judiciary with a "stunning architectural statement ". We agree. The design of the new courthouse reflects the virtue and dignity of the federal courts, as guided by the exterior influences of the remarkable site on Niagara Square and a keen sensitivity to community interests. As to the specific matter of the City's District Heating Program, the GSA is aware of the program and is exploring the possibility of participating in it for the new courthouse. You will be receiving a letter response from GSA in this regard, as you have requested. If I or the Chief Judge can be of any further assistance, please do not hesitate to contact us at the United States Courthouse. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 61 BFSA/WAGE & HIRING FREEZE LEGILATION INTRODUCER'S MEMORANDUM IN SUPPORT submitted in accordance with Senate Rule VI. See 1 BILL NUMBER: $3824 SPONSOR: THOMPSON TITLE OF BILL: An act to amend the public authorities law, in relation to placing restrictions on the Buffalo fiscal stability authority's ability to impose a wage and /or hiring freeze PURPOSE: This bill specifies conditions under which the City of Buffalo will no longer be required to impose a wage and /or hiring freeze upon itself or on members of any collective bargaining organization. SUMMARY OF PROVISIONS: This bill stipulates the exact conditions under which the City of Buffalo and collective bargaining organizations would no longer be required to adhere to a strict wage and hiring freeze. Section 1 of the bill specifies that the Buffalo Fiscal Stability Authority cannot impose a wage and /or hiring freeze upon the City of Buffalo or any covered collective bargaining organization or City employees if the following conditions are met: the City of Buffalo adopts a balanced budget; the City of Buffalo pays the interest on any of its bonds or notes when due; incurs an operating deficit of less than 1 % in the aggregate resulting from operations of any major fund of the City of Buffalo or a covered organization assuming the Financial Plan is reported in accordance with Generally Accepted Accounting Principles; and the City of Buffalo does not violate any provisions of the original Buffalo Fiscal Stability Authority Act of 2003. Section 2 of the bill stipulates the effective date (immediately). JUSTIFICATION: The City of Buffalo has a much improved financial situation compared with four years ago. The City of Buffalo has a total fund balance totaling approximately $95 million before designations and approximately $9 million for reserves which represents 28% of total fund expenditures. In fact, Buffalo's total fund balance has increased steadily since 2002 -03. The City of Buffalo has reduced its workforce by nearly 800 since 2001 -02 demonstrating the seriousness of its financial situation at that time. Furthermore, in February 2007, Moody's Investors Service followed Standard and Poor's decision and upgraded the City of Buffalo's General Obligation (GO) bond rating, from Baa3 to Baa2, the highest rating from Moody's since 2001. In December 2006, Standard and Poor's, highlighting the City's improved financial condition, beneficial financial management practices, and the continued effective oversight exhibited by the Buffalo Fiscal Stability Authority, raised the City's investment grade rating to BBB (stable), the highest rating since 1999. REFERRED TO THE SPECIAL COMMITTEE ON BUDGET NO. 62 MORE POLICE OFFICERS As the resolution by Council Member Joseph Golombek, as a resident, and committee member /Block Club President, and property owner, I am in favor of bettering the streets with more police protection. As of the past year, I had to go to my extreme to protect me and my own home. We need more cars and police so they can answer calls quicker, so that citizens, as 1, don't need our weapons of protection. RECEIVED AND FILED PETITIONS NO. 63 M. LUNA, AGENT, USE 465 AKA 469 NIAGARA ST. -TAKE OUT RESTAURANT (ELL) (HRG. 4/10) REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLAN BD. NO. 64 J. GOETZ, OWNER, USE 244 ALLEN - OUTDOOR CAFI— (ELL) (HRG. 4/10) REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLAN BD. NO. 65 People Inc., Agent, Use 2747 Main St. -HSF (Masten) The attached is for Common Council Approval; but per Permits, no public hearing is required. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 66 People Inc., Agent, Use 24 Indian Church -HSF (South) The attached is for Common Council Approval; but per Permits, no public hearing is required. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 67 D. Zapfel, Agent, Use 2515 Bailey -HSF (Lovejoy) The attached is for Common Council Approval; but per Permits, no public hearing is required. REFERRED TO THE COMMITTEE ON LEGISLATION 000068 W. SUNDERLIN, AGENT, USE 226 BRYANT FOR A GROUND SIGN NO PUB HRG REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 69 W. SUNDERLIN, AGENT, USE 173 SUMMER FOR A GROUND SIGN NO PUB HRG REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 70 APPOINTMENT PRINCIPAL ACCOUNTANT (MAX) (COMPT) (ITEM NO. 13 -MARCH 20, 2007) That Communication 13, March 20, 2007 be received and filed and the contingent permanent appointment of Albert Renzoni stated above at the maximum starting salary of $56,164.00 effective on February 16, 2007 is hereby approved. PASSED AYES - 8 NOES -0 NO. 71 APPOINTMENT PRINCIPAL AUDITOR (INTER) (COMPT) (ITEM NO. 14 -MARCH 20, 2007) That Communication 14, March 20, 2007 be received and filed and the contingent permanent appointment of Mark D. Bidell stated above at the intermediate starting salary of $51,824.00 effective on February 16, 2007 is hereby approved. PASSED AYES - 8 NOES -0 NO. 72 APPOINTMENT SR. AUDITOR (INTER) (COMPT) (ITEM NO. 15 -MARCH 20, 2007) That Communication 15, March 20, 2007 be received and filed and the provisional appointment of Monica Emminger stated above at the intermediate starting salary of $40,328.00 effective on February 16, 2007 is hereby approved. PASSED AYES - 8 NOES — 0 NO. 73 APPOINTMENT SR. DATA PROCESSING EQUIPMENT OPERATOR (INTER #2) (MIS) (ITEM NO. 16 -MARCH 20, 2007) That Communication 16, March 20, 2007 be received and filed and the provisional appointment of Richele Edwards stated above at the intermediate starting salary of $31,609.00 effective on March 12, 2007 is hereby approved. PASSED AYES - 8 NOES — 0 NO. 74 APPOINTMENT SYSTEM SUPPORT SPECIALIST (INTER#4) (MIS) (ITEM NO. 17 -MARCH 20, 2007) That Communication 17, March 20, 2007 be received and filed and the temporary appointment of Kenneth Sprague stated above at the intermediate starting salary of $49,326.00 effective on March 12, 2007 is hereby approved. PASSED AYES - 8 NOES — 0 NO. 75 APPT.- DETECTIVE (MAX) (POL) ( #24,3/20) That the above item be and the same hereby is received and filed. ADOPTED. NO. 76 APPT. -SPEC. ASST. TO POLICE COMMISSIONER FOR COMMUNICATIONS (MAX) (POL) ( #25,3/20) That the above item be and the same hereby is received and filed. ADOPTED. NO. 77 APPOINTMENT COMMUNICATION SPECIALIST (MAX) (FIRE) (ITEM NO. 27 -MARCH 20, 2007) That Communication 27, March 20, 2007 be received and filed and the temporary appointment of Ronald Breier stated above at the maximum starting salary of $33,392.00 effective on December 21, 2006 is hereby approved. PASSED AYES - 8 NOES — 0 NO. 78 APPOINTMENT COMMUNICATION TECHNICIAN (MAX) (FIRE) (ITEM NO. 28 -MARCH 20, 2007) That Communication 28, March 20, 2007 be received and filed and the provisional appointment of Thomas Lester stated above at the maximum starting salary of $35,381.00 effective on December 21, 2006 is hereby approved. PASSED AYES - 8 NOES -0 NO. 79 NOTICES OF APPT.- TEMP. /PROV. /PERM. (C. CLK.) ( #51,3/20) That the above item be and the same hereby is received and filed. ADOPTED FINANCE (BRIAN C. DAVIS, CHAIRMAN) NO. 80 AUDITED FINANCIALS FOR BERC -2005 (STRAT. PLAN.) ( #7,3/20) That the above item be and the same hereby is received and filed. ADOPTED NO. 81 REQ. FOR INFO. -BNRC (STRAT: PLAN.) ( #8,3/20) That the above item be and the same hereby is received and filed. ADOPTED. NO. 82 BFLO. MUN. WATER FINANCE AUTH. - BASIC FIN. STATEMENTS /REQ. SUPP. INFO. -YR. ENDED 6/30/06 (COMPT.) ( #10,3/20) That the above item be and the same hereby is received and filed. ADOPTED NO. 83 BFLO. WATER BD.- BASIC FIN. STATEMENTS /REQ. SUPP. INFO. -YR. ENDED 6/30/06 (COMPT.) ( #11,3/20) That the above item be and the same hereby is received and filed. ADOPTED NO. 84 B. DAVIS -S. MEADOWS -LEGAL AID BUREAU - MONTHLY RPTS. -1/07 & 2/07 ( #57,3/20) That the above item be and the same hereby is referred to the Committee on Community Development. ADOPTED NO. 85 M. RODGERS -WEST VILLAGE - CONCERNS - PROPOSED CAMERA INTERSECTIONS ( #64,3/20) That the above item be and the same hereby is received and filed. ADOPTED. NO. 86 BNRC AUDITED FINANCIAL STATEMENTS (STRAT. PLAN.) ( #1,2/6) That the above item be and the same hereby is received and filed. ADOPTED. NO. 87 ACCEPTING LATE TAX PAYMENTS ( #108,2/6) That the above item be and the same hereby is received and filed. ADOPTED. NO. 88 RUSSELL - ACCEPTING LATE TAX PAYMENTS (ASSESS /TAX) ( #3,2/6) That the above item be and the same hereby is received and filed. ADOPTED NO. 89 ACCEPTING LATE TAX PAYMENTS (LAW) ( #29,3/6) That the above item be and the same hereby is received and filed. ADOPTED. NO. 90 D. FRANEZYK- EXPLORE USING PART - CITY'S SURPLUS OF RESIDENTIAL DEMO. (AFUA) (#27,2/20) That the above item be and the same hereby is received and filed. ADOPTED. NO. 91 M. KEARNS -J &R SMITH -REQ. PURCHASE NEIGHBORING PROPERTY (#47,2/20) That the above item be and the same hereby is referred to the Committee on Community Development. ADOPTED LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 92 C. MCCAFFREY, PETITION TO USE 60 DINGENS - GROUND SIGN (ITEM NO. 73, C.C.P., MAR. 20, 2007) That the petition of C. McCaffrey, agent, for permission to use 60 Dingens Street for a 42" high x 74' wide, 66" tall overall ground sign be, and hereby is approved. PASSED AYES - 8 NOES -0 NO. 93 R. DEET, PETITION TO USE 111 MAPLE - ERECT 1 STORY RESIDENCE (ITEM NO. 74, C.C.P., MAR. 20, 2007) That the above item be the same and is hereby received and filed ADOPTED NO. 94 LOCAL LAW INTRO. NO.4 (2007) TAXES AND ASSESSMENTS (ITEM NO. 147, C.C.P., MAR. 20, 2007) That after the public heating before the Committee on Legislation on March 27, 2007, the Local Law as contained in Item No. 147, C.C.P., March 20, 2007, be and the same hereby is approved. PASSED AYES - 8 NOES — 0 NO. 95 APPT.- CHAIRMAN - BUFFALO WATER BOARD (MAYOR) ( #2,3/20) That the above item be and the same hereby is received and filed. ADOPTED NO. 96 REAPPOINTMENT - BUFFALO SEWER AUTHORITY BOARD (ITEM NO. 4, C.C.P., MAR. 20, 2007) That the reappointment of John D. Kennedy, residing at 27 Arundel, as a member of the Buffalo Sewer Authority Board for a term commencing immediately and expiring June 30, 2009 be, and hereby is approved. NO. 97 AMENDMENT TO COB ORD. CHAPTER 316 -44 (EDPI) ( #30,3/20) That the above item be and the same hereby is received and filed. ADOPTED. NO. 98 D. BLACK - UNIVERSITY HEIGHTS QUALITY OF LIFE INITIATIVE ( #53,3/20) That the above item be and the same hereby is received and filed. ADOPTED. NO. 99 R. LIPSITZ, SR.- COALITION FOR ECONOMIC JUSTICE - LIVING WAGE LEGISLATION ( #75,3/20) That the above item be and the same hereby is received and filed. ADOPTED. NO. 100 FOOD STORE LICENSE -380 CONNECTICUT (NIAGARA) (EDPI) ( #33, 3/20) 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. NO. 101 FOOD STORE LICENSE - 896 NIAGARA STREET (ITEM NO. 36, C.C.P., MAR. 20, 2006) That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Saleh Almadrahi, located at 896 Niagara with the following conditions: Graffiti Removal (§ 341 -7) It shall be the responsibility of the owner to restore any surface marred by graffiti to a clean state of maintenance and repair. The owner will have 10 days to comply with article. Noncompliance of this article will force the City to perform the necessary work and shall charge and bill owner of the cost of such services. Garbage & Refuse (§ 341 -1) It shall be the duty of every owner to cut and remove all overgrown weeds, grass, brush and other vegetation and to remove all garbage and debris on the premises each and every year to maintain the premises in a sanitary and orderly condition. The owner will have five days to comply with this article. Noncompliance of this article will force the City to issue a fine of $150 in addition to any other penalty provided in the Code of the City of Buffalo or in any other law. Solicitation & Loitering (§ 161, 294 313 & 316) NO owner shall allow the congregation of more than 1 person to remain idle, wander, stroll, or walk around aimlessly in front of the storefront with the intent to sell drugs, stop motor vehicles, interfere with the free passage of persons, and /or solicit money or goods from such persons. If the congregation refuses to move, it is expected that the Police Department be called immediately to assist in the removal of the loitering group. Proper Signage — 387 -17, 25, 28, & 31) Any sign placed against the exterior wall of a building shall not extend more than 18 inches outside the wall surface. No person shall place, attach or maintain any sign of any nature on any property belonging to the City of Buffalo without obtaining consent from the City to do so. No portable sign shall encroach upon the public right -of -way and /or obstruct means of public access or egress without City approval. All signs are expected to be mounted in the proper manner thereupon ensuring the safety for nearby pedestrians and City property. Noncompliance of any provision shall be liable to a fine or penalty of up to $250 It shall be unlawful for any person to place a tobacco advertisement in any publicly visible location on or within 1,000 feet of the perimeter of any school premises, playground or playground area in a public park, day -care center, children's institution, or youth center. Noncompliance; violators of this provision may receive a fine of up to $300 for the first violation; not more than $500 for the second violation within a two -year period; and not more than $1,000 for the third and each subsequent violation within a two -year period. I am requesting that storeowners not place signs on the windows of the store thereby preventing the visual access of the inside of the store. PASSED W/CONDITIONS AYES -8. NOES -0. NO. 102 USED CAR DEALER LICENSE - 634 COLVIN (ITEM NO. 40, C.C.P., MAR. 20, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Used Car Dealer License to John Aiello d /b /a Hertel Auto Sales located at 534 Colvin Avenue. PASSED. AYES -8. NOES -0. NO. 103 COMPLETING THE FORMATION OF A PARKS ADV. BD. (EXE. 1 RES.) ( #96,2/20 That the above item be and the same hereby is received and filed. ADOPTED. NO. 104 IMPLEMENTATION OF A PERMIT PROCESS FOR MAX NO. OF DOGS (2 RES. ONLY) (# 146,7/26) That the above item be and the same hereby is received and filed. ADOPTED. NO. 106 USED CAR DEALER LICENSE - 1073 NIAGARA STREET (ITEM NO. 20, C.C.P., FEB. 6, 2007) 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. 106 DORMITORY AUTHORITY - SEQR FINDINGS STATEMENT - BUFFALO LAKESIDE COMMERCE PARK (ITEM NO. 61, C.C.P., MAR. 20, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the Common Council does hereby adopt the Dormitory Authority of the State of New York's State Environmental Quality Review Findings Statement for the Buffalo Urban Development Corporation Buffalo Lakeside Commerce Park (Development of the Union Ship Canal District). ADOPTED. NO. 107 D. FRANCZYK, C. COX -ENV. EVENTS - "GREENING BFLO ", "HERE COMES THE SUM', ETC. ( #65,3/6) That the above item be and the same hereby is received and filed. ADOPTED. SPECIAL COMMITTEES EDUCATION DEMONE A. SMITH, CHAIRMAN NO. 108 M. KEARNS -T. BONNER- PROBLEMS WITH WATERFRONT SCHOOL (BD. ED.) ( #72,9/5) That the above item be and the same hereby is received and filed. ADOPTED. NO. 109 M. KEARNS -T. BONNER- PROBLEMS WITH WATERFRONT SCHOOL ( #78,7/25) That the above item be and the same hereby is received and filed. ADOPTED. NO. 110 TRANS FAT ELIMINATION - BUFFALO PUBLIC SCHOOLS (BD. ED.) (#45,3/6) That the above item be and the same hereby is received and filed. ADOPTED. NO. 111 URGE THE BD. OF ED. TO BAN THE USE OF TRANS FAT(EXC. 1,2,4 RES.) ( #101,2/20 That the above item be and the same hereby is received and filed. ADOPTED. NO. 112 CURB VIOLENCE IN CITY SCHOOLS ( #141,3/20) That the above item be and the same hereby is received and filed. ADOPTED. NO. 113 A. THOMPSON- PARENT INVOLVEMENT IN BUFFALO PUBLIC SCHOOLS (#43,3/7) That the above item be and the same hereby is received and filed. ADOPTED. NO. 114 PARENT INVOLVEMENT IN BUFFALO PUBLIC SCHOOLS (EXC. I RES.) ( #108,2/21) That the above item be and the same hereby is received and filed. ADOPTED. NO. 115 REQ. FOR BUFFALO PUB. SCH. SYSTEM TO CONDUCT SURVEY ON WNY STUDENTS TRANSFER TO CHARTER SCHOOLS (EXC. 1 RES.) ( #118,3/7) That the above item be and the same hereby is received and filed. ADOPTED. NO. 116 REQ. BOE EST. 25% RATE OF PART. GOAL FOR BFLO. PUB. SCH. IMPLEMENT UNIFORM POLICY FOR 2006 -07 SCHOOL YEAR ( #180,9/6) That the above item be and the same hereby is received and filed. ADOPTED. RESOLUTIONS NO. 117 By: Mr. Bonifacio, Jr. EXCUSE COUNCILMEMBER RUSSELL FROM APRIL 3, 2007, COUNCIL MEETING Whereas: Bonnie Russell, University District Councilmember requests permission to be excused from the April 3, 2007, meeting of the Buffalo Common Council; Now, Therefore Be It Resolved: That the Common Council of the City of Buffalo excuses Bonnie Russell, University District Councilmember from the April 3, 2007, meeting of the Buffalo Common Council. ADOPTED NO. 118 By: Mr. Bonifacio EXPLORE AMENDING CITY /COUNTY PARKS AGREEMENT Whereas: Officials from both the City of Buffalo and the County of Erie have worked in conjunction with the Olmsted Parks Conservancy and developed a system for control and management of City parks and recreational facilities by the County of Erie; and Whereas: The intentions behind merging the City park and recreational system with the County of Erie park and recreational system was to be more efficient and effective with taxpayer money, while in the process still providing the necessary park and recreational services to the community; and Whereas: Though the City of Buffalo continues to see savings as a result of these merged services, many citizens have voiced their displeasure with the current services being provided, or lack thereof as a result of the County /City Parks and Recreation agreement and have contacted members of the Common Council to re- examine the benefits of the proposal; and Whereas: The City of Buffalo does provide payments equaling $1.8 million to the County of Erie for the control and management of City parks and recreational facilities with the assumption that all City parks and all divisions of recreation are being served to the fullest; and Whereas: If this is not the case and services are not being provided to the fullest, it may be in the best interest of the City of Buffalo to assume all, or at least some responsibility back again with regards to controlling and managing City parks and the division of recreation; and Now, Therefore Be It Resolved: That the Common Council hereby requests that the Corporation Counsel in conjunction with the Department of Public Works, Parks, and Streets, and the Department of Administration and Finance, to research this item and determine whether it would be in the City of Buffalo's best interest to retain control and management of City parks and the division of recreation; and Be It Further Resolved: That the item be referred to the appropriate committee for further discussion; and Be It Finally Resolved: That a copy of this resolution be forwarded to the County Executive, the Erie County Department of Parks and Recreation, the Erie County Department of Public Works and the City of- Buffalo and Erie County Comptroller. ADOPTED 1 & 3 RESOLVES; REMAINDER - REFERRED TO SPECIAL COMMITTEE ON BUDGET. NO. 119 By: Mr. Davis CALL FOR NEW YORK STATE TO ENACT NEW LAW GOVERNING LAWFUL SALE OF SCRAP COPPER Whereas: Copper thefts are at the highest level in a decade. Between March 2005 and April 2006, national copper prices increased 160 %. Since April 2005, the price of copper pipe and tubing has risen about 71 %. Copper prices have nearly tripled in the past year while demand for a variety of metal has risen markedly throughout the world; and Whereas: Fast rising copper prices have led to an accelerating number of thefts across the United States of everything from plumbing pipes, to electrical wires, to vases and grave markers as robbers steal and resell the expensive metal to junkyard /salvage dealers. Copper is 100% recyclable, and selling scrap copper has proven to be quite lucrative in the salvage yard industry. Thus, salvage yards have increased in popularity as visitors have increased 416% from 60 per day to 250 per day with copper salvage wire alone; and Whereas: New regulations and laws are necessary because it remains difficult for scrap metal yards and recyclers to verify if the copper items have been stolen, as pieces of scrap metal and copper carry no identifiers. The costs to replace stolen scrap metal are high and rising, and the amount of financial backing can be in the millions of dollars range; and Now, Therefore be it Resolved That: The Common Council of Buffalo calls on New York State to enact a law to regulate the lawful sale of scrap copper and other metals by junk dealers; and create a taskforce that inspects junkyards to see if they comply with the new laws; and Be it Further Resolved That: The new law contains the following provisions: Devise stricter penalties for repeat offenders (i.e. 3 offense) Require that sellers and resellers provide written verification of their authorization to sell such items before scrap yards can purchase. Require scrap yards to obtain a copy of a state - issued identification card from the seller, maintain records of transactions, and tag and hold the property for 72 hours. Restrict the sale of certain items, including street signs, propane containers of fueling forklifts, funeral markers, or any metal items bearing markings of a governmental entity, utility company, cemetery, or railroad. Establish a Task Force that will perform inspections of illegal junkyards to assure that scrap recyclers and junkyard dealers learn and apply best practices for complying with environmental laws and regulations. Establish a toll -free telephone number that citizens can call and report misconduct. Publicize - -via the Internet - -those junkyards that openly violate the rules and regulations. Be it Finally Resolved That: The Common Council of the City of Buffalo requests that the City Clerk, upon approval of this resolution, forward certified copies of this resolution to the Western New York Delegation of the New York State Assembly and the New York State Senate. ADOPTED. No. 120 RESOLUTION By: Brian C. Davis Permission to Hang a Banner Across Delaware Avenue WHEREAS: The organizers of the Trinity White Elephant Sale is requesting permission to temporarily hang a banner across Delaware Avenue in front of Trinity Episcopal Church located at 371 Delaware Avenue; and WHEREAS: The said organizer would like the banner to be displayed from April 21, 2007 through May 12, 2007; and WHEREAS: The organizer of the Trinity White Elephant Sale are familiar with the banner requirements, and will purchase the necessary bond before the banner is displayed; and Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo grants permission to the organizers of the Trinity White Elephant Sale to hang a banner at said location advertising the event; and Be It Finally Resolved: That the banner meets all the requirements of the Department of Public Works Street and Parks and that no existing laws are violated. PASSED AYES — 8 NOES — 0 NO. 121 RESOLUTION By: Mr. Davis, Mr. Franczyk, Mr. Golombek Supporting the Extension of the Metro Rail to the Cobblestone District Whereas: Citizens Regional Transit Corp. (CRTC) is an organization committed to creating a broad base of support for the improvement and expansion of bus and rail transit for all citizens of the Niagara Frontier; and Whereas: CRTC supports the extension of Buffalo's Metro Rail to the growing Cobblestone District through a loop along South Park Avenue, Louisiana and Perry Streets; and Whereas: An extension loop along South Park Avenue, Louisiana and Perry Streets is a quick and relatively inexpensive way to expand Metro Rail, and would boost rider ship, by providing high quality transit access for people currently in housing developments, as well as for new residential and commercial development occurring in the Cobblestone District; and Whereas: The 2006 estimated cost for completing a 1.2 mile extension of the Metro Rail to the Cobblestone District is approximately $13 million; and Whereas: Investment in Metro Rail expansion provides numerous jobs both during construction and in permanent operation, resulting in economic growth development opportunities for both commercial and residential growth; and Now, Therefore, Be It Resolved That: The Common Council forwards copies of this resolution to the following to obtain their comments regarding the idea of expanding the Metro Rail to the Cobblestone District: the Niagara Frontier Transportation Authority, the Buffalo Municipal Housing Authority, Savarino Construction, Avalon Development, First Amherst Development, the Seneca Nation, James Sandoro, Kevin Brinkworth, Thomas Golisano, Lawrence Quinn, Milos restaurant, Buffalo Place, Erie Canal Harbor Development Corp., Empire State Development. Be It Further Resolved: That this item is referred to an appropriate Committee of the Common Council to consider and further discuss the comments requested above. Be It Finally Resolved That: This honorable body does hereby go on record in support of extending the Metro Rail to the growing Cobblestone District. That the City Clerk send Certified copies of this resolution to Lawrence Meckler, Executive Director of the NFTA, Governor Spitzer, the WNY delegation to the State Legislature, Senator Charles Schumer, Senator Hillary Clinton, Congress Congressmember Brian Higgins. ADOPTED 1 sT &2 ND Resolves: REMAINDER REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 122 RESOLUTION By: Mr. Davis Re: Support for U.S. Conference of Mayors 10 -Point Plan: Strong Cities, Strong Families, for a Strong America Whereas: The U.S. Conference of Mayors (USCM) is an official nonpartisan organization made up of cities with populations of 30,000 or more. There are 1,139 such cities in the country today and each city is represented in the Conference by its chief elected official, the Mayor; and Whereas: The primary role of the U.S. Conference of Mayors is to, promote the development of effective national urban /suburban policy; strengthen federal -city relationships; ensure that federal policy meets urban needs; provide Mayors with leadership and management tools; and create a forum in which Mayors can share ideas and information; and Whereas: As the new Congress sets its policy agenda, more than 250 of the nation's Mayors released a 10 -point legislative plan on January 24, 2007 in Washington, DC where they gathered for the 75th Winter Meeting of the U.S. Conference of Mayors, led by Conference President and Trenton, NJ Mayor Douglas H. Palmer; and This new Mayors 10 -Point Plan, called "Strong Cities, Strong Families for a Strong America ", will be used as a guide as the Mayors engage the 110th Congress, the Administration, and the 2008 presidential candidates on significant issues and priorities that directly impact America's cities and families. The Mayors 10 -Point Plan is as follows: 1) Energy and Environment Block Grant - The Mayors are calling for a block grant to provide funding directly to cities and urban counties for programs that improve community energy efficiency; develop and implement community strategies to reduce carbon emissions, develop and implement community and transportation energy conservation programs; encourage the development of new technologies and systems to decrease the nation's dependence on foreign oil; and promotion and development of alternative /renewable energy sources. 2) Federal -Local Partnership on Crime Prevention - The Mayors are calling for a federal trust fund to provide flexible resources for the deployment of law enforcement personnel, support local innovations, fight domestic violence and fund technology that helps fight crime. Specifically, funding for COPS and the local block grant should be restored. 3) Community Development Block Grants - The Mayors recommend that CDBG formula funding be doubled to $8 billion. This additional funding would address the delayed projects and activities, which have resulted from cuts to CDBG, and further build on the proven record of an effective affordable housing and revitalization program. 4) Affordable Housing Fund - The Mayors support an affordable housing fund to be administered by the Government Sponsored Enterprises (GSEs), (not by HUD or stale housing agencies) funded at least 5 percent of their profits, with local government projects eligible to be assisted. 5) Public Housing - Operating Subsidies - The Mayors support restoration of all public housing operating subsidies in FY 2007, including funding that was not part of the budget request but that is now needed because of utility costs previously not anticipated. HOPE VI - The Mayors support the restoration of HOPE VI to a funding level that returns the program to an effective national tool for public housing development. 6) Infrastructure Tax Incentive and Bonds - The Mayors are calling for tax incentives, bonds, and other measures to support local and state efforts, and stimulate private sector participation to improve infrastructure including transportation, water, wastewater, brownfields, energy, telecommunications, schools and affordable housing options in America's cities. 7) Competitive Workforce - The Mayors call for timely reauthorization of the Workforce Investment Act, and full funding of its programs to ensure a significant investment in lifelong learning for every American citizen. 8) Children and Youth - No Child Left Behind - It is critical that Mayors be involved in every aspect of No Child Left Behind reauthorization, including discussions on full funding, teacher quality, performance standards, testing and evaluation, and methods of assessment and accountability. Children's Health Insurance - It is crucial that funding for programs such as Head Start, Early Head Start, the Children's Health Insurance Program (SCHIP) be increased to their full authorization levels. Summer Youth - The Mayors are calling for a new summer youth employment initiative. After - School Youth - Mayors are calling for an increased funding commitment directly allocated to cities for quality after - school programs. 9) Homeland Security - Interoperable Communications - The Mayors are calling on a well- funded, stand - alone, Federal emergency communications grant program to carry out initiatives to improve interoperable communications, including flexible direct grants to cities and their first responders. Transit Security - The Mayors are calling for a flexible Federal transit security initiative to improve security in the areas of communications, surveillance, detection systems, personnel and training, and not require a local or state match. Furthermore, security funds should go directly to the operator of that system or the jurisdiction providing the security. Funding Mechanism - Mayors contend that improvements must be made in the grant application process and delivery mechanism for federal homeland security resources to make sure that the process is user- friendly, the funding quickly reaches cities, and that funding is flexible to meet local needs. 10) Unfunded Mandates /Preemptions - Mayors are calling for new legislation to strengthen the federal- local partnership and further restrict the ability of Congress to impose unfunded federal mandates on cities or preempt local authority. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo, hereby goes on record in support of the United States conference of Mayors 10 -Point Legislative Agenda on Issues Impacting Cities and Families; and Now, Therefore, Be It Finally Resolved: That a certified copy of this resolution be sent to the United States Conference of Mayors and the 110 Congress confirming the City of Buffalo's support of the 10 -Point Plan, "Strong Cities, ADOPTED By: Mr. Davis Transfer of Funds NO. 123 General City - Debt Service Permits and Inspections - Capital Outlay That pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $1,465,915 be and the same is hereby transferred from Debt Service and said sum is hereby reappropriated as set forth below: FROM Interfund Transfers 17523008 - 489140 Debt Service $1,465,915 TO Permits and Inspections $1,465,915 Capital Outlay 1 6550007- 471 01 0 Land Improvements REFERRED TO THE SPECIAL COMMITTEE ON BUDGET MR FRANCZYK [REQUEST TO APPROVE PROPOSED AMENDMENT TO LAND DISPOSITION AGREEMENT WITH REVITALIZING URBAN NEIGHBORHOODS - 830 SYCAMORE STREET, 836 SYCAMORE STREET AND 182 WILSON STREET] WHEREAS, Revitalizing Urban Neighborhoods, Inc. (RUN Buffalo) and /or a Corporation, Partnership, Joint Venture or Other Legal Entity to be formed, herein referred to as the "Redeveloper" has submitted a plan for the demolition of the improved properties located at 830 Sycamore, 836 Sycamore and 182 Wilson Streets. WHEREAS, the City of Buffalo Urban Renewal Agency has duly received a proposed Land Disposition Agreement by and between the Agency and Redeveloper; NOW, THEREFORE, BE IT RESOLVED, by the City of Buffalo Urban Renewal Agency: 1) That the terms contained in the document entitled "Contract for the Sale of Land for Private Redevelopment' by and between the City of Buffalo Urban Renewal Agency and RUN Buffalo, Inc. and /or other legal entity to be formed, which is the proposed Agreement for the transfer of title of 830 Sycamore Street, 836 Sycamore Street and 182 Wilson Street are determined to be satisfactory. The properties will be transferred from the City of Buffalo to BURA for One ($1.00) Dollar and then from BURA to RUN Buffalo, Inc. and /or other legal entity to be formed for One ($1.00) Dollar. 2) That the Chairman or Vice - Chairman is hereby directed to forward a copy of the amended Agreement to the Common Council of the City of Buffalo for its action, pursuant to Section 507, subdivision 2(d) of the General Municipal Law. 3) RUN BUFFALO, INC. and /or other legal entity to be formed, is hereby designated as a qualified and eligible Redeveloper in accordance with the rules and procedures adopted by this Agency. 4) That upon approval of the terms in the above mentioned Agreement by the Common Council of the City of Buffalo, pursuant to Section 507 subdivision 2(d) of the General Municipal Law, the Chairman or Vice - Chairman or Secretary is hereby authorized to execute said Agreement on behalf of the City of Buffalo Urban Renewal Agency and the BURA Secretary and General Counsel is authorized to impress the Corporate Seal thereon. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 126 MR FRANCZYK [SET PUBLIC HEARING REQUEST TO AMEND LDA - 830 SYCAMORE, 836 SYCAMORE & 182 WILSON - REVITALIZING URBAN NEIGHBORHOODS, INC. - REDEVELOPER WIHEREAS, Revitalizing Urban Neighborhoods, Inc. and /or a Corporation, Partnership, Joint Venture or Other Legal Entity to be formed, herein referred to as the "Redeveloper" has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency; WHEREAS, the City of Buffalo Urban Renewal Agency has duly received a proposed Land Disposition Agreement by and between the Agency and Redeveloper; WHEREAS, the terms of the Land Disposition Agreement have been amended; and WHEREAS, the terms of said Amended Land Disposition Agreement have been approved by the City of Buffalo Urban Renewal Agency; and WHEREAS, said Amended Land Disposition Agreement has been forwarded by the City of Buffalo Urban Renewal Agency to this Common Council for action, pursuant to section 507, subdivision 2 of the General Municipal Law; and WHEREAS, Section 507(2) of the General Municipal Law requires that the disposition of land in an Urban Renewal NO. 124 By: Mr. Davis Transfer of Funds Fringe Benefits - Law 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 $926,000 be and the same is hereby transferred from Fringe Benefits and said sum is hereby reappropriated as set forth below: FROM Fringe Benefits 17301002 - 421001 Health Care —Retirees $600,000 17301002 - 421002 Health Care — Active $326,000 TO Law Department 10546006- 432003 Legal Services $926,000 REFERRED TO THE SPECIAL COMMITTEE ON BUDGET NO. 125 RESOLUTION MR FRANCZYK [REQUEST TO APPROVE PROPOSED AMENDMENT TO LAND DISPOSITION AGREEMENT WITH REVITALIZING URBAN NEIGHBORHOODS - 830 SYCAMORE STREET, 836 SYCAMORE STREET AND 182 WILSON STREET] WHEREAS, Revitalizing Urban Neighborhoods, Inc. (RUN Buffalo) and /or a Corporation, Partnership, Joint Venture or Other Legal Entity to be formed, herein referred to as the "Redeveloper" has submitted a plan for the demolition of the improved properties located at 830 Sycamore, 836 Sycamore and 182 Wilson Streets. WHEREAS, the City of Buffalo Urban Renewal Agency has duly received a proposed Land Disposition Agreement by and between the Agency and Redeveloper; NOW, THEREFORE, BE IT RESOLVED, by the City of Buffalo Urban Renewal Agency: 1) That the terms contained in the document entitled "Contract for the Sale of Land for Private Redevelopment' by and between the City of Buffalo Urban Renewal Agency and RUN Buffalo, Inc. and /or other legal entity to be formed, which is the proposed Agreement for the transfer of title of 830 Sycamore Street, 836 Sycamore Street and 182 Wilson Street are determined to be satisfactory. The properties will be transferred from the City of Buffalo to BURA for One ($1.00) Dollar and then from BURA to RUN Buffalo, Inc. and /or other legal entity to be formed for One ($1.00) Dollar. 2) That the Chairman or Vice - Chairman is hereby directed to forward a copy of the amended Agreement to the Common Council of the City of Buffalo for its action, pursuant to Section 507, subdivision 2(d) of the General Municipal Law. 3) RUN BUFFALO, INC. and /or other legal entity to be formed, is hereby designated as a qualified and eligible Redeveloper in accordance with the rules and procedures adopted by this Agency. 4) That upon approval of the terms in the above mentioned Agreement by the Common Council of the City of Buffalo, pursuant to Section 507 subdivision 2(d) of the General Municipal Law, the Chairman or Vice - Chairman or Secretary is hereby authorized to execute said Agreement on behalf of the City of Buffalo Urban Renewal Agency and the BURA Secretary and General Counsel is authorized to impress the Corporate Seal thereon. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 126 MR FRANCZYK [SET PUBLIC HEARING REQUEST TO AMEND LDA - 830 SYCAMORE, 836 SYCAMORE & 182 WILSON - REVITALIZING URBAN NEIGHBORHOODS, INC. - REDEVELOPER WIHEREAS, Revitalizing Urban Neighborhoods, Inc. and /or a Corporation, Partnership, Joint Venture or Other Legal Entity to be formed, herein referred to as the "Redeveloper" has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency; WHEREAS, the City of Buffalo Urban Renewal Agency has duly received a proposed Land Disposition Agreement by and between the Agency and Redeveloper; WHEREAS, the terms of the Land Disposition Agreement have been amended; and WHEREAS, the terms of said Amended Land Disposition Agreement have been approved by the City of Buffalo Urban Renewal Agency; and WHEREAS, said Amended Land Disposition Agreement has been forwarded by the City of Buffalo Urban Renewal Agency to this Common Council for action, pursuant to section 507, subdivision 2 of the General Municipal Law; and WHEREAS, Section 507(2) of the General Municipal Law requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: That the City Clerk is hereby directed to publish the notice attached hereto and marked "Public Hearing" in the Buffalo News, no later than the 13 day of April 2007. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:OOpm in the Council Chambers on the 17 day of April 2007. ADOPTED No. 127 RESOLUTION RUN BUFFALO REQ WAIVER PERMIT FEES DEMO 830 SYCAMORE, 836 SYCAMORE & 182 WILSON By: Mr. Franczvk WHEREAS, Revitalizing Urban Neighborhoods, Inc. (RUN Buffalo) is a non- profit organization formed to encourage neighborhood revitalization through the elimination of urban blight in the City of Buffalo; WHEREAS, RUN Buffalo proposes the demolition of vacant and dilapidated structures which are not eligible for, nominated to, or listed on the National Register of Historic Places; WHEREAS, RUN Buffalo proposes the construction of community gardens and or other landscaping on said properties; WHEREAS, Buffalo Urban Renewal Agency approved a land disposition agreement transferring 830 Sycamore, 836 Sycamore and 182 Wilson to RUN Buffalo on March 29, 2007; WHEREAS, Due to their charitable purpose, RUN Buffalo requests a waiver of permit fees for asbestos removal and demolition at 830 Sycamore, 836 Sycamore and 182 Wilson; NOW THEREFORE BE IT RESOLVED, That the Buffalo Common Council approves waiving the asbestos removal and demolition permit fees for 830 Sycamore Street, 836 Sycamore Street, and 182 Wilson Street. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 128 RESOLUTION By: Mr. Franczvk RUN BUFFALO REQ WAIVER DEMO 830 SYCAMORE WHEREAS, Revitalizing Urban Neighborhoods, Inc. (RUN Buffalo) is a nonprofit organization formed to encourage neighborhood revitalization through the elimination of urban blight in the City of Buffalo; WHEREAS, RUN Buffalo proposes the demolition of vacant and dilapidated structures which are not eligible for, nominated to, or listed on the National Register of Historic Places; WHEREAS, RUN Buffalo proposes the construction of community gardens and or other landscaping on said properties; WHEREAS, Buffalo Urban Renewal Agency approved a land disposition agreement transferring 830 Sycamore to RUN Buffalo on March 29, 2007; WHEREAS, Due to their charitable purpose, RUN Buffalo requests a waiver of performance bond for demolitions at 830 Sycamore; NOW THEREFORE BE IT RESOLVED, That the Buffalo Common Council approves waiving the performance bond for the demolition of 830 Sycamore Street. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 129 RESOLUTION Sponsor: Mr. Franczvk, Mr. Golombek Buffalo River Ethanol Processing Plant Whereas: RiverWright LLC has proposed building a $80 million ethanol manufacturing plant on an 18 acre parcel; and Whereas The proposed plant will process 100 million gallons per year of ethanol and Whereas: The proposed plant will require two zoning variances to increase the allowable above ground storage capacity 1,000 percent from 150,000 gallons to 2.3 million gallons of flammable liquid; and Whereas: The proposed plant is adjacent to a residential neighborhood; and Whereas The fermentation process involved with producing ethanol emits Whereas The Common Council will have to undertake a Coastal Review; Whereas: The Planning Board as Lead Agency for this project will conduct an environmental review; and Whereas: The purpose of the State Environmental Quality Review Act ( SEQRA), is to promote efforts which will prevent or eliminate damage to the environment and enhance human and community resources; and Whereas: As part of its SEQRA review the Planning Board as Lead Agency must evaluate the nature, type, size and scope of the action being taken and an assessment of whether the action has the potential to have a significant environmental impact; and Whereas: If the action is one which may have a significant adverse environmental impact, an environmental impact statement must be prepared; Whereas: The threshold triggering the requirement that an Environmental Impact Statement be prepared is relatively low; it need only be demonstrated that the action may have a significant effect on the environment, Kahn v_Pasnik, 647 N.Y.S.2d 279; and Whereas: Given the size of the proposed plant, the amount and flammable nature of material to be stored, its location next to a residential neighborhood, that an odor will emit from the plant, that two zoning variances are required along with a Coastal Review; Now Therefore Be It Resolved That the Buffalo Common Council as an involved agency requests the Planning Board to conduct a full Environmental Impact Statement as part of its environmental review of the proposed RiverWright ethanol plant. Be It Finally Resolved That this resolution be forwarded to an appropriate Committee of the Council for consideration of the Planning Board's response. ADOPT 2 " RESOLVE REMAINDER REFERRED TO THE COMMITTEE ON LEGISLATION NO. 130 RESOLUTION By: Mr. Golombek, Jr. Consider an Ordinance to Impound Abandoned Shopping Carts Whereas: Residents living in and around business districts in the City of Buffalo have great conveniences; and Whereas: Business districts offer access to amenities like food and household goods usually within walking distance or on bus routes; and Whereas: However, due to increased traffic, neighborhoods around business districts often have the inconvenience of increased litter and debris on their streets and sidewalks; and Whereas: One of the regular eyesores that irritate residents around business districts are abandoned shopping carts. Patrons often leave a store's property with shopping carts and abandon them on the way to their destination; and Whereas: Residents in business districts are frustrated with finding shopping carts strewn around their neighborhood in vacant lots, sidewalks, streets and grass areas and are looking to Common Councilmembers for assistance; and Whereas: Some stores make valid efforts to control this problem. They install barricades preventing the removal of carts or they regularly patrol neighborhoods to retrieve the carts taken from their property; and Whereas: It is of great benefit to stores to maintain possession of their shopping carts. Access to the shopping cart assists their patrons and shopping carts are expensive to continuously replace; and Whereas: The adoption of a City ordinance allowing City Officials the ability to impound abandoned shopping carts found in the City right of way and holing them for impound fees may be a way to address citizen concerns; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo does hereby request that copies of this resolution be forwarded to Buffalo's two largest food markets, Tops and Wegmans, the Good Neighbor Planning Alliances, the Buffalo Board of Block Clubs, the Department of Economic Development, Permit & Inspection Services, the Department of Citizen Services and the Corporation Council's Office for comment; and Now, Therefore, Be It Finally Resolved: That this resolution be referred to the appropriate Council Committee for further review. ADOPTED 1 ST RESOLVE REMAINDER REFERRED THE COMMITTEE ON LEGISLATION NO. 131 By: Mr. Golombek Re: Ordinance Amendment Chapter 317, Aggressive Panhandling The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 317 of the Code of the City of Buffalo be amended to read as follows: Chapter 317 Aggressive Panhandling — 317 -1. Legislative Intent. The Common Council finds that legislation is necessary in order to protect persons from threatening, intimidating or harassing behavior, to keep public places safe and attractive for use by all members of the community and to maintain and preserve public places where all of the community can interact in a peaceful manner. This legislation is also intended to provide for the free flow of pedestrian and vehicular traffic on streets and sidewalks in the City of Buffalo, to promote tourism and business and preserve the quality of urban life. The Common Council finds that aggressive acts associated with solicitation tend to interfere with the free flow of pedestrian and vehicular traffic and intimidate persons in public places, and can lead to disruption and disorder in public places. Aggressive acts can also cause persons to avoid public places and lead to declining patronage of commercial establishments and tourism. The Common Council further finds that solicitation in certain public places is inconsistent with the use of those places, is inherently intimidating, targets persons who are captive audiences or constitutes an invasion of privacy as persons are not able to simply move on if they do not wish to speak to the person soliciting. Solicitation in proximity to bank entrances or check - cashing businesses or automated teller machines is inherently intimidating and should he restricted. This legislation is intended to promote the health, safety and welfare of the citizens and visitors to the City of Buffalo. §317 -2. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: AGGRESSIVE MANNER (1) Intentionally or recklessly making any physical contact with or touching another person in the course of the solicitation, or approaching within arm's length of the person, except with the person's consent; or (2) Following the person being solicited, if that conduct is intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession, or is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation; or (3) Continuing to solicit within five feet of the person being solicited after the person has made a negative response, if continuing the solicitation is intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession, or is intended to or is likely to intimidate the person being solicited into responding affirmatively to the solicitation; or (4) Intentionally or recklessly blocking the safe or free passage of the person being solicited or requiring the person, or the driver of a vehicle, to take evasive action to avoid physical contact with the person making the solicitation; or (5) Intentionally or recklessly using words intended to or likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession, or intended or likely to intimidate the person into responding affirmatively to the solicitation; or (6) Approaching the person being solicited in a manner that is intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession or intended to or is likely to intimidate the person being solicited into responding affirmatively to the solicitation. AUTOMATED TELLER MACHINE- A device, linked to a financial institution's account records, which is able to carry out transactions, including but not limited to account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan payments AUTOMATED TELLER MACHINE FACILITY- The area comprised of one or more automated teller machines, and any adjacent space which is made available to banking customers after regular banking hours. BANKING ORGANIZATION- All banks, trust companies, private bankers, savings banks, industrial banks, safe deposit companies, savings and loan associations, credit unions and investment companies as defined in §2 of the New York State Banking Law. LICENSED CASHER OF CHECKS- Any individual, partnership, unincorporated association or corporation duly licensed by the New York State Superintendent of Banks to engage in business pursuant to the provisions of Article IX -A of the New York State Banking Law. PARKING AREA- off - street area used for the temporary storage of self - propelled vehicles and available for public use, whether free, for compensation or as an accommodation for clients or customers. Parking areas shall also include parking garages, Parking ramps, and Municipal parking lots. PUBLIC PLACE- Any area or building owned, leased, operated or controlled by or on behalf of any government, municipality, public authority or public corporation in the City of Buffalo which is generally accessible by the public, including but not limited to any street, including the sidewalk portion thereof, skyway, bridge, tunnel, park, playground, recreation area, cemetery, school, or school grounds, building, facility, driveway, parking lot or parking garage, and the doorways and entrances to buildings and dwellings. SOLICIT- shall include, without limitation, the spoken, written, or printed word or such other acts or bodily_ gestures as are conducted in furtherance of the purposes of immediately obtaining money or any other thing of value. §317 -3. Prohibited Conduct. A. No Person shall solicit in an aggressive manner in a public place. B. No person shall solicit within twenty (20) feet of an automated teller machine or an entrance or exit of an automated teller machine facility during the time the automated teller machine is available for customers' use; or within twenty (20) feet of an entrance or exit to a banking organization or a licensed casher of checks during its business hours. C. No person shall solicit when either the person soliciting or the person being solicited is in a bus shelter or at a bus stop. D. No person shall solicit in a parking area as defined in this chapter. E. No person shall solicit in any portion of a public skyway or tunnel. F. No person on a sidewalk or alongside a roadway shall solicit from any occupant of a motor vehicle that is on a street or other public place. §317 -4. Penalties. A violation of this chapter shall be a classified as a "violation" as that term is defined in the Penal Law. A person convicted of violating this section shall be fined not less than $25.00 nor more than $250.00, and, in addition for a second conviction within twelve (12) months of a preceding conviction, may be imprisoned for a term not longer than fifteen (15) days. In lieu of a fine, the court may impose an appropriate alternative sentence; provided, however that an alternative sentence shall not be an unconditional §317 -5. Severability. If any clause, sentence, paragraph, or part of this chapter or application thereof to any person or circumstances shall be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof or the application thereof to other persons and circumstances, but shall be confined in its operation to the clause, sentence, paragraph or part thereof and the persons and circumstances directly involved in the controversy in which such judgment shall have been rendered. APPROVED AS TO FORM NOTE: Matter underlined is new, matter in brackets is to be deleted. REFERRED TO THE COMMITTEE ON LEGISLATION AND COMMISSIONER OF POLICE NO. 132 RESOLUTION Mr. Golombek, Mr. Kearns Transferring Outer Harbor Land to the City of Buffalo Whereas: Over two years ago the NFTA, sought to sell the Small Boat Harbor to the State for $4 million; and Whereas: The Buffalo Common Council through legal action sought to stop the transfer of the Small Boat Harbor on the basis that the City of Buffalo maintained ownership rights to the Small Boat Harbor and to the land commonly referred to as the Outer Harbor; and Whereas: In addition to the land ownership claim, Councilmembers expressed concern that the NFTA as a transportation company was not the appropriate entity to oversee the development of the City's most valuable asset, the Outer Harbor; and Whereas: The Common Council was criticized by the Buffalo News for standing in the way of waterfront development by commencing legal action to regain control of our waterfront land; and Whereas: The Council in a 8 -1 vote settled the legal action against the NFTA with the signing of a Memorandum of Understanding between the City and the NFTA; and Whereas: Two years later the Small Boat Harbor has not been transferred to the State, the Outer Harbor has not been developed, and the NFTA's desire to transfer the Outer Harbor to the Erie Canal Harbor Development Corporation is applauded by the Buffalo News because now apparently it does not make sense to have a transportation company in charge of developing our waterfront; and Whereas: For whatever reasons the transfer of the Outer Harbor transfer to the Erie Canal Harbor Development Corp. has not occurred; and Whereas: The Outer Harbor constitutes the most valuable land in the City of Buffalo with the greatest potential for development; and Whereas: The Outer Harbor should be returned to its rightful owner the City of Buffalo for development overseen by a public body with public input and not developed by a shadow government entity. Now Therefore Be It Resolved: That the Buffalo Common Council hereby requests comments from the Niagara Frontier Transportation Authority, Erie Canal Harbor Development Corp., the Mayor, the Office of Strategic Planning, the Commissioner of Economic Development Permits & Inspections, Buffalo Riverkeepers, Congressmember Brian Higgins, the New Millennium Group, and the WNY Coalition For Progress regarding the possibility of transferring ownership of the Outer Harbor land to the City of Buffalo. Be It Finally Resolved: That this item is referred to an appropriate Committee of the Common Council for further discussion and consideration. ADOPTED 1 ST RESOVLE REMINDER REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 133 RESOLUTION By: Mr. Kearns Vacant Property Inventory Whereas: The City of Buffalo Department of Economic Development Permit & Inspection Services recently conducted an analysis to determine the costs associated with vacant properties- -over a 5 year period, a vacant property can cost City Taxpayers $20,000; and Whereas: The cost analysis is generated by inspection violations, securing the property, maintaining the property, emergency dispatch calls, unpaid taxes and the demolition fees. The cost can soar if the structure contains asbestos or if it suffers fire damage; and Whereas: Vacant properties do negatively affect the quality of life for City residents, both near the property and further from it. A vacant property is often a magnet for criminal activity, a place for illegal drug use, and often sites of arson; and Whereas: Neighboring properties often see an immediate decrease in their property value and have difficulty in obtaining insurance. Neighbors further from the vacant property suffer from the tax loss and the stigma of being in a community with the potential of increased crime and fewer residents; and Whereas: A recent study by the National Vacant Properties Organization proposed the formation of a Regional Vacant Properties Committee comprised of local elected officials, assessors, judges, attorneys, housing inspectors and concerned citizens to work together on addressing vacant property issues by sharing ideas and implementing various property initiatives; and Whereas: The first step to resolving any problem is to get a handle on the size of the problem. Estimates on the number of vacant properties in the City vary greatly; and Whereas: The City as a result of the surprise October 2006, storm has inspected 68,000 trees to determine the scope of the damage from the storm. A similar effort must be done to determine the scope of the impact on our neighborhoods caused by vacant properties; and Whereas: The City, working in conjunction with the Good Neighbor Planning Alliances, Block Clubs and other community organizations, could determine the size of our vacancy problem; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo does hereby request that the Commissioner of Economic Development, Permit & Inspection Services respond to the Common Council as to the feasibility of cataloging vacant homes and buildings in the City of Buffalo in an effort to determine an actual and accurate number of vacant structures; and Now, Therefore, Be It Further Resolved: That the Common Council of the City of Buffalo does hereby request that copies of this resolution be forwarded to the Good Neighbor Planning Alliances, Buffalo Board of Block Clubs, PUSH, the Local Initiative Support Corporation, and the UB Regional Institute to determine if these organizations are willing to assist the City of Buffalo with the huge undertaking involved in inventorying vacant properties; and Now, Therefore, Be It Finally Resolved: That this Honorable Body does hereby request that this item be referred to the appropriate Council Committee for further review. ADOPT 1 ST AND 2 ND RESLOVE REMAINDER REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 134 RESOLUTION Sponsor: Michael J. LoCurto A resolution supporting the creation of Dog Parks in the City of Buffalo. Whereas: In the United States there are an estimated 53.3 million dogs in dog owning households. The City of Buffalo has a significant amount of dog owners who would like designated open spaces for their dogs to run and roam free within certain limits; and Whereas: "Dog Park" is used where the design of the park, and its amenities make it clear that dogs are invited, not just permitted to play in a safe but enclosed place; and Whereas: Dog Parks are a wonderful opportunity for people who share an interest to socialize while engaged in their favorite activity; and Whereas: Dog Parks contribute to the physical fitness of both the owners and dogs because they enable owners to exercise with their dogs; and Whereas: Dog Parks also improve the mental state of both the owners of dogs and dogs as well by allowing them the freedom to roam and exercise in large areas; and Whereas: Enclosed play areas prevent off -leash dogs from infringing on the rights of other community residents and park users such as joggers, small children, and those who may be fearful of dogs; and Now Therefore Be It Resolved: That the Common Council of the City of Buffalo supports the creation of Dog Parks in the City of Buffalo; and Now Therefore Be It Further Resolved: That copies of this resolution be sent to the Department of Public Works and Erie County Parks Department; and Now Therefore Be It Further Resolved: That the Council requests the Law Department to draft the appropriate legislation for the creation of Dog Parks in the City of Buffalo. ADOPT 1 ST AND 2 "D RESPLVE REMAINDER TO THE COMMITTEE ON LEGISLATION NO. 135 RESOLUTION Michael J. LoCurto, Richard A. Fontana and Michael P. Kearns Living Wage Resolution for the Buffalo Common Council. Whereas: This Council passed a Living Wage Ordinance unanimously in 1999 and amended it unanimously in 2002 and 2007 as a means to alleviate poverty, reward work, and strengthen Buffalo's neighborhoods and economy; and Whereas: The all- volunteer Living Wage Commission has devoted countless hours to implementing the ordinance and has obtained large contributions of resources and time from other sources such as the Margaret L. Wendt Foundation, the Cornell ILR School, the UB Law School, the Coalition for Economic Justice, and the private bar; and Whereas: The ordinance as implemented by the Living Wage Commission has brought living wages to roughly 200 workers employed by companies that contract with the City; and Whereas: A number of employers, including Buffalo Civic Auto Ramps, All Pro Parking, Central Parking, Allied Waste, Phoenix Frontier, Mercantile Adjustment, and Morris Security, have shown good faith and good citizenship by coming voluntarily into compliance with the ordinance upon the request of the Living Wage Commission; and Whereas: The Living Wage Commission has held formal hearings regarding two non - compliant employers, Rural /Metro Medical Services and Brand -On Services, and has made recommendations to the City for sanctions pursuant to the ordinance; and Whereas: The Living Wage Commission issued its findings regarding Rural /Metro on May 25, 2006 and its findings regarding Brand -On Services on December 19, 2006; and Whereas: The City itself has numerous employees who are earning less than the living wage rate; and Whereas: The Living Wage Commission has recommended that increasing those workers' wages is required by the ordinance; and Whereas: The Living Wage Commission has given its legal opinion that such an increase is not subject to the Buffalo Fiscal Stability Authority wage freeze, because by state law the wage freeze only covers wage increases made "pursuant to collective bargaining agreements, analogous contracts or interest arbitration awards "; and Whereas: Despite numerous trainings, offers of training, and outreach by the Living Wage Commission to City Departments, nearly all departments have failed to come into compliance with the ordinance's requirement that they solicit Living Wage Applications for Contract from potential contractors and forward them to the Living Wage Commission and that they include Living Wage language in their contracts; and Now Therefore Be It Resolved: 1. That the City should implement in full the findings of the Living Wage Commission in the matter of Rural /Metro Medical Services; 2. That the City should implement in full the findings of the Living Wage Commission in the matter of Brand -On Services; 3. That the City should act immediately to come into compliance with the Living Wage Ordinance by bringing all its workers' wages up to the living wage rate and meeting the reporting and notice requirements of the ordinance; 4. That each city department should act immediately to come into compliance with the ordinance by including the Living Wage Application for Contract in its contracting processes and including the required living wage language in relevant contracts; 5. That the Common Council will not approve any city contracts (other than those for purchase of materials) unless the Corporation Counsel a. Has certified that an Application for Contract has been completed and forwarded to the Living Wage Commission or explained why an application was not required; and b. Has certified that the contract contains living wage requirements or has explained why the living wage requirements were not necessary; 6. That the Common Council will hold a public hearing to receive the Living Wage Commission's 2006 annual report, to discuss with the Mayor and Department heads progress made in meeting the goals in this resolution, and to allow members of the public the chance to comment on living wage issues. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 136 BY: Ms. RUSSELL BUDGET AND PERSONNEL AMENDMENT 21 - DEPARTMENT OF FIRE 1131 - ADMINISTRATION 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 21 - Department of Fire, 1131 - Administration, which currently reads: 1 Senior Account Clerk Typist $26,861- $30,114 1 Account Clerk Typist $26,271- $29,269 Is hereby amended to read: 2 Account Clerk Typist $26,271- $29,269 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 MICHAEL LOMBARDO, COMMISSIONER OF FIRE AND DONNA J. ESTRICH, DIRECTOR OF' ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. APPROVED AS TO FORM PASSED AYES — 8 NOES — 0 NO. 137 Resolution Sponsor: Mrs. Russell Establishing An Amphitheatre On the Outer Harbor Whereas: Our waterfront location is an important part of Buffalo's history and the undeveloped 120 acre Outer Harbor is an important part of Buffalo's future; and Whereas: Our waterfront needs to become a public destination point for people to enjoy and experience its beauty; and Whereas: While developing the Outer Harbor will take a significant amount of time and money, we must take steps to bring more people to our waterfront to serve as an initial anchor of activity; and Whereas: One initial step that we can take to bring more people to our waterfront is the placement of an amphitheatre to be utilized for a variety of entertainment performances such as musical events, movies and plays; and Whereas: Cultural Arts are an important part of Buffalo's history and quality of life, a waterfront amphitheatre will provide an additional opportunity for cultural groups to share their unique talents; and Whereas: An amphitheatre can serve as a public gathering place for everyone to see a variety of performances, people watch and simply relax while enjoying the beauty of our waterfront; and Whereas: As development plans for the Outer Harbor are not complete a temporary amphitheatre structure which can be relocated may be necessary; and Whereas: We need to take some small and immediate steps which allow the public to enjoy our waterfront; and Now Therefore Be It Resolved That a copy of this resolution be sent to the NFTA, Erie Canal Harbor Development Corporation, Buffalo Niagara Riverkeepers and Uniland Development for their comments. Be It Further Resolved That this item is referred to an appropriate Committee of the Common Council for further discussion and deliberation. ADOPTED 1 ST RESOLVE REMINDER REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT No. 138 Resolution Mr. Smith Support for Mayor's Efficiency Incentive Funding Application WHERAS The Buffalo Fiscal Stability Authority (BFSA) oversees the allocation of state Efficiency Grant funding and WHEREAS The purpose of state Efficiency Grant funding is to help minimize local property tax growth, and to promote effective local fiscal performance, and WHEREAS Mayor Byron Brown recently submitted a request to the BFSA for state Efficiency Grant funding for the City of Buffalo and WHEREAS The Mayor has requested $10 million in Efficiency Grant funding for following items • City Wide Cameras & WIFI $4,420,000 Public Safety Quality of Life • Housing Inspector Technology $2,150,000 Improve Efficiency of Code Enforcement • City Wide Phone Upgrade $1,550,000 Decrease Need for Support Staff • Pay and Display Parking Meters $900,000 increase Revenue & Reduce Maintenance Costs • Buffalo Fire Dept. Safety Equipment Modernization $330,000 Increase Safety Reduce Injury Costs • Citizen Services Technology $300,000 Upgrade Citizen Response System, 311 • Legal Case Management System $250,000 Computer System & Temporary Clerical Staff to Address Backlog • Mail Management System $100,000 Mail Sorting System -Lower Postage Rates Total $10,000,000 WHEREAS The above items are necessary for improving the City's fiscal and management performance in delivering City services and Now Therefore Be It Resolved That the Common Council hereby expresses its support for the Efficiency Grant proposal submitted by the Mayor Be It Further Resolved That this item be referred to an appropriate Committee of the Common Council for further discussion REFERRED TH THE SPECIAL COMMITTEE ON BUDGET NO. 139 Resolution Sponsor: Mr. Smith Co- Sponsor(s): Adding Two Members of Inter -High Council to City of Buffalo Common Council's Education Committee Whereas: The Inter -High Council is an accomplished program for high school students aspiring to be leaders within their respective schools or communities where they reside; and Whereas: The Inter -High Council is comprised of four to five (4 -5) elected representatives from each of the 17 City of Buffalo Public High Schools; and Whereas: These students are making an impact on the views of all Buffalo Public High School students in grades K -12 through formal and informal meetings: and Whereas: The overall objective of the Inter -High Student Council is to bring about close relationships amongst all Buffalo Public School high school students with the promotion of worthwhile programs, fundraisers, student and staff meetings, and the close relationship with the Department of Guidance, Counseling and Alternative Education; and Whereas: Each high school has an advisor, a faculty member from the school, who assists the students from that school with planning events, facilitating meetings, and transporting students to meetings; and Whereas: This school year, 2007, there are over 65 representatives on the inter -High Student Council; and Whereas: Overall the program is managed by Ms. Tonja M. Williams and Mr. Carmen Milioto of the Buffalo Board of Education's Guidance, Counseling and Alternative Education Programs; and Whereas: Exposing Inter -High Council Representatives to the Education Committee of the Common Council would have a profound impact on Buffalo Public School students; and Whereas: An Inter -High Council Representative's presence and voice on the Education Committee of the Common Council would give great insight to Buffalo's Educational and general student needs and concerns. Now, Therefore, Be It Resolved: That two members of the Inter High Council be added to the Education Committee of the City of Buffalo Common Council; and Be It Further Resolved: That a copy of this Resolution b —, -sent to the Superintendent of the Board of Education, the Buffalo Board of Education and to the /Corporation Counsel for review; and Be It Finally Resolved: that upon clearance by the Buffalo Board of Education and Corporation Counsel, the Buffalo Common Council hereby approves this resolution implementation. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION AND THE BOARD OF EDUCATION NO. 140 RESOLUTION By: Mr. Smith Providing Better Opportunities for All Children Whereas: A report titled Children Left Behind: How Metropolitan Areas Are Failing America's Children was prepared by diversity data.org, a new web site formed in conjunction with the Harvard School of Public Health, that profiles U.S. metropolitan areas; and Whereas: The Children Left Behind report focused on 100 metropolitan areas with the largest child populations, including the Buffalo- Niagara Falls area, and ranked the areas according to the neighborhood environment they offer to children of different racial /ethnic groups utilizing five indicators: neighborhood poverty, proportion of households headed by single mothers, homeownership, proportion of adults without a high school diploma, and unemployment; and Whereas: The Buffalo- Niagara Falls area was one of the three worst neighborhood socioeconomic conditions for black children and one of twelve worst for Hispanic children; and Whereas: While there are neighborhoods with opportunities that do exist in the Buffalo- Niagara Falls region, not all children have access to them. Black and Hispanic children are more likely to live in poor families than other children. Additionally, they experience neighborhoods and schools with unfavorable socioeconomic environments; and Whereas: The differences among neighborhoods within the metro area suggest there is room for improvement. Policy remedies need to address the inequalities in the distribution of opportunity across neighborhoods and schools, improve conditions within disadvantaged neighborhoods and schools, and target children who experience multiple risks such as living in poor families and neighborhoods; and Whereas: The diversitydata.org report recommends several solutions to improve conditions within disadvantaged neighborhoods: • Early Childhood Programs - there is strong scientific evidence that0001.42 comprehensive early childhood programs substantially improve educational and social outcomes not only in childhood but also into adulthood; • Housing Choice Mobility - increasing the supply of affordable housing in suburban jurisdictions, as well as diminishing discriminatory barriers that limit the presence of minority families in those communities, would contribute to alleviating poverty concentration; expanding neighborhood choice in the HUD Section 8 Voucher program, fair housing enforcement, inclusionary zoning and increased availability of rental housing; • Investing in Neighborhoods - by investing in aspects of neighborhoods that could exert a great impact on children, such as affordable and well designed inner city housing, public safety, recreational space availability of healthy food and consumer goods, accessibility of high quality primary and health care; and • Education - more, not less, school integration is needed. Segregated minority schools face not only the disadvantages of concentrated poverty, but also a number of resource challenges, including high teacher turnover, less experienced and qualified teachers, larger class sizes, inadequate facilities, lower per -pupil spending and fewer honors and Sean Hill Advanced Placement courses. Now, Therefore, Be It Resolved: That this Common Council hereby requests the Buffalo Schools Superintendent James Williams, Commissioner Richard Tobe, Executive Director Timothy Wanamaker, Executive Director Elizabeth Huckabone of Belmont Shelter, and Executive Director Scott Gehl of Housing Opportunities Made Equal (HOME), to review this resolution and comment regarding their ideas and solutions to promote better opportunities for all children; and Total: 2 Therefore, Be It Further Resolved: That this item be referred to the appropriate committee for further action. ADOPT IST RESOLVE THE REMAINDER REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 141 By Mr. Smith Felicitations /In Memoriam Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for CARMELLA HARPER COLEMAN By Councilmember SMITH AND CITY CLERK CHWALINSKI ADOPTED 10 BY: DEMONE A SMITH 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: Lynne Wagner Sean Hill Total 2 ADOPTED NO. 143 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 Gary Chwojdak Joseph Panus Brian Ross Frederick Collins Denise Sandarelli Kevin Keane Annette Parker Mary Ellen Sawicki Patricia Howling Brian Mahoney Bradford Pitts Laurie Smith Janet Poydock TOTAL 13 ADOPTED NO 144 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 April 10, 2007 at 9:45 o'clock AM Committee on Finance Tuesday April 10, 2007 at 10:00 o'clock AM following Civil Service Committee on Comm. Dev. Tuesday, April 10, 2007 at 1:00 o'clock P.M. Committee on Legislation Tuesday, April 10, 2007 at 2:00 o'clock P.M. Special Committees Spec. Leg. Comm. Mtg. Wednesday, April 11, 2007 at 10:00 o'clock A.M. in Room 1417 City Hall on Trailblazing Signs. Spec. Binational Bridge Sub -Comm. Thursday, April 12, 2007 at 2:00 o'clock P.M. in Room 1417 City Hall. (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware: therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. No. 145 Adjournment On a motion by Mr. Bonifacio, Seconded bb Mr. Fontana the Council adjourned at 2:55 PM GERALD CHWALINSKI CITY CLERK