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Home My WebLink About07-0417 (2)L 1 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO APRIL 17, 2007 FIRE AND POLICE PENSION April 19, 2007 MAYOR Hon. Byron W. Brown COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL FILLMORE DISTRICT David A. Franczyk PRESIDENT PRO TEMPORE UNIVERSITY DISTRICT Bonnie E. Russell MAJORITY LEADER NIAGARA DISTRICT DOMINIC J. BONIFACIO JR DISTRICT COUNCIL MEMBERS BRIAN C. DAVIS - ELLICOTT RICHARD A. FONTANA - LOVEJOY DEMONE A. SMITH - MASTEN MICHAEL J. LO CURTO - DELAWARE JOSEPH GOLOMBEKJR. - NORTH MICHAEL P. KEARNS - SOUTH N X 111 w e :Kole] � i h� i I I i 9 4 *� 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 INVOCATION - PLEDGE TO FLAG MAYOR — EXECUTIVE ** *FINAL * ** * *APRIL 17,2007*** 1 Cit Serv- Citizens' Participation Academy R &F 2 -IA. Plan Bd -SEQR Lead Agency Designation —1081 Elmwood Ave - Pano's Rest(North) APP 3 -113. Plan Bd -SEQR Lead Agency Designation -45 -49 Federal Ave Laidlaw(Mas) APP 4 -1C. Plan Bd -SEQR Lead Agency Designation -Aids Comm Svs 206 South Elmwood(Ell) APP 5 -1D. Plan Bd -SEQR Lead Agency Designation- Sycamore Villiage 25 Parcel Subdivision(Ell) APP 6 -1E. Plan Bd -139 Buffalo River Ethanol Processing Plant LEG 7 -1F. Mayor -Youth Employment Exemption from Liv. Wage Ord.- Brand -On Services, Inc. APP 8 -2. Strat Plan- Results of Negotiations -428 Bailey(Lov) CD COMPTROLLER 9 -3. Additional Information on Federal Financial Assistance BUDGET 10 -4. City Investments - Sudanese Government R &F 114A Accepting Late Tax Payments FIN, A &F PUBLIC WORKS, PARKS & STREETS 12 -5. Apolla Media Center APP 13 -6. Bids- Repair to City Pavements -2007 Gr 4666 APP 14 -7. Bids Crack filling of City Pavements- 2007 -Gr 4665 APP 15 -8. Bids JFK Park Football Field Reconstruction(Ell) APP 16 -9. Change in Contract - Broadway Garage- Perimeter Fence & Guide Rail —Job 40634(Ell) APP 17 -10. Traffic Signal Operation Abbott & Cazenovia /Lorraine (South) R &F 18 -11. Appt. - Teller (Inter) CS POLICE 19 -12. Certificate of Insurance - Buffalo Special Police LEG 20 -13. Drug Asset Forfeiture Wire Transfers FIN 21 -14. The Need for More Buffalo Police Officers R &F 22 -15. Used Car Dealer 490 Seneca (Ell) R &F 23 -16. Appoint Chief Prov Exempt (Bd of Ed) CS CORPORATION COUNSEL 24 -17. Claims Committee Meeting Agenda April 25, 2007 CLAIMS ECONOMIC DEVELOPMENT & PERMITS /INSPECTIONS 25 -18. Sidewalk Caf6 License -391 Washington (Ell) APP 26 -19. Restaurant Dance Class III -45 Chippewa West (Ell) LEG 27 -20. Restaurant Dance Class III- 777 Main St (Ell) LEG 28 -21. Restaurant Dance Class III -391 Washington (Ell) APP 29 -22. Second Hand Dealer -850 Fillmore (Fill) LEG 30 -23. Multiple Dwellings Tax Exemption Law LEG,CC 31 -24. SEQR Lead Agency Design - Dormitory Authority of the State of NYC of Buffalo of Building Demolitions, NYEDCP Program APP ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS 32 -25. Purchase of Vehicles APP 33 -26. Appt.- Parking Meter Mechanic (Inter 43) CS CITY CLERK 34 -27. Leaves of Absence R &F 35 -28. Notices of Appointments - Seasonal R &F 36 -29. Notices of Appointments - Temp. /Prow. /Perm. CS MISCELLANEOUS 37 -30. E. Baker -New US Courthouse, Buffalo, NY CD 38 -31. M. Beam -Stray Shopping Carts LEG 39 -31A N. Bonifacio -M. Gainer - Buffalo ReUse Proposal FIN, EDPI, PW, CC 40 -32. L. P. Ciminelli -Board Packet Documents - 4/2/07 R &F 41 -33. J. Cleary- Support Full Environmental Study RiverWright Ethanol Plant LEG 42 -34. M. Cleary- Comments on Proposed Ethanol LLC LEG 43 -35. B. Davis -City of Buffalo Swimming Pools FIN,PW 44 -36. P. DePasquale- Support NYS Assembly Bill 4A.12144- "Computer Sex Crimes Against Children "R &F 45 -37. R. Fontana- S. Banko- Inspection of Property 439 Gold St. LEG,EDPI 46 -38. R. Fontana -Time Warner Cable Broadcasting Buffalo Sabre's Playoff Games R &F 47 -39. M. Kearns -T. Kennedy- Hazardous Condition - Southside Elementary Playground Equipment 48 -40. M. Kearns -K. Kula- Lorraine Elementary in Need of Reconstruction ED, BD OF 1 49 -41. M. Kearns -J. Pierakos -Bond Requirements FIN,A &F 50 -42. M. Kearns -J. Pierakos- Damage From Cleanup Efforts Coolidge Road PW 51 -43. M. Kearns -R. Tobe- Safety Hazard -1002 Abbott Rd PW,CTYCLI 52 -44. M. LoCurto -W. Sunderlin- Traffic Hazard -Gates Circle PW 53 -45. C. McTague -N. Bennett Complaint -Time Warner Cable R &F 54 -46. M. Overdorf - Concerns 294 Louisiana CD,EDPI 55 -47. L. Schaeffer - Shopping Carts and Panhandling R &F 56 -48. D. Smith -Letter to Supt. Williams Asking for Assignment of Education Staff to Ed. Mtgs. R &F 57 -49. P. Wolf- Negative Declaration - Colvin Estates Subdivision R &F 58 -50. G. Yaskow - Ethanol Plant and The River Wright Project R &F PETITIONS 59 -51. E. Hogle, Owner, Use 191 Allen St for a Take Out Restaurant (Ell)(Hrg 4/24) LEG, PLAN 60 -52. M. Risman, Agent, Use 45 Federal Avenue for a Employee Parking Lot(Mas)(Hrg 4/24) LEG, PLAN 61 -53. R. Pedersen, Agent, Req. Zoning Change to Create A Residential Overlay Parking Dist District on W. Utica Btwn Elmwood and Atlantic Ave (Nia)(Hrg 4/24) LEG, PLAN BD, EDPI 62 -54. M. Beam, Agent, Use 2543 Delaware- Non - Illuminated Ground Sign (Del) (No Pub Hrg Req) LEG, PLAN 63 -55. M Kearns -P. Guadagno & O -Req Installation of 3 Way Stop At Intersection of Germania & Baraga St _ PW RESOLUTIONS 119 -56. Bonifacio Shared Border Mgmt Must be Handled by US & Canadian Govts. ADOPT 120 -56A Bonifacio,etc. Council Support of NYS Assembly Bill- A03202 ADOPT 121 -56B. Bonifacio,etc. HRM Senate Bill 43824 "An Act to Amend the Public Authorities Law, re: Placing Restrictions on Buffalo Fiscal Stability Authority's Ability to 129 -61. Golombek Permission to Hang Banner Across Elmwood Avenue /_ "r 130 -62. Impose a Wage and/or Hiring Freeze ADOPT 122 -57. Davis Trailblazing Signage for Washington St as Dr. Charles Anderson Sr. Quality of Life Centers 131 -63. Way APP 123 -58. Davis Trailblazing Signage for Best Street as Gayles Family Way LEG,PW 124 -58A. Davis Rescind Suspension- Rest /Dance License - Groove AKA OPM Lounge - 133 -64. Russell Serenity N.C. ADOPT 125 -58B. Davis D/C FIN- Proposals -City Hall Cafeteria ADOPT DISCH -APP 126 -59. Fontana D/C LEG ccp# 84 2/20/07 Encroachment into City ROW - 100 Seneca St( 422, 11 /28)(Ell)(PW) ADOPT DISCH -APP 127 -59A. Franczyk Amendment to Common Council Action Plan ADOPT 128 -60. Golombek D/C CD ccp# 12 4/3/2007 Results Neg -380 Cornwall (Masten)(Strat Plan) ADOPT DISCH -APP 129 -61. Golombek Permission to Hang Banner Across Elmwood Avenue /_ "r 130 -62. Kearns Bringing City Gov't Closer to Our Neighborhoods by Est Neighborhood Quality of Life Centers 131 -63. LoCurto,etc. A Resolution Calling for the Matching of Mem. And. Demo. Funds for COB ADOPT 132 -63A. LoCurto Perm. To Hang "The Hellenic Festival" Banner 133 -64. Russell Budget & Personnel Amendment (Pol) 134 -65. Russell Ordinance Amendment - Chapter 413 Streets and Sidewalks LEG,PW,EDPI,PO APP APP LEG,EDPI,P SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETING CIVIL SERVICE 64 -1. Com27 Apr 3 65 -2. Com 28 Apr 3 66 -3. Com 46 Apr 3 FINANCE 67 -4. Com 7 Apr 3 68 -5. Com 10 Apr 3 69 -6. Com 48 July 25 70 -7. Res 175July 25 71 -8. No 46 Dec 26 72 -9. No 33 Feb 6 B 73 -10. Com 21 Dec 26 74 -11. Res 95 Dec 26 75 -12. Com 12 Mar 20 76 -13. Res 98 Feb 20 LEGISLATION 77 -14 No 63 Apr 3 78 -15 No 64 Apr 3 79 -16. No 65 Apr 3 80 -17. No 66 Apr 3 Appt. -Water Service Inspector (Inter) (PW)_ Appts.- Detective (Max) (Pol) Notices of Appt.- Temp. /Prov. /Perm. (C. Clk.) P. Wolf - Desman Assoc. - Summary of Pkg. Needs Assessment (Pkg. Bd.) R &F 245 North -PILOT ( Strat. Plan.) APP Lease of Bflo. Gen. Hospital Ramp (ECPI) R &F Amendment - Section 133 -12 of Ord.- Lease -Bflo. Gen. Hospital Pkg. RampR &F P. Wolf - Desman Associates Summary of Parking Needs Assessment R &F Davis -Natl. Fuel Raising New York Delivery Services Charges R &F Drug Asset Forfeiture Ann Cert Rpt & Audit for FY Ending 6/30/06(Pol) R &F Explore Using Part of City's Surplus for Residential Demolitions R &F Using Surplus for Residential Demolitions ( Compt.) R &F Req. COB Compt. To Divest City of Investments in Companies that directly or indirectly invest in the Sudanese Govt. and are Complicit /Supp. Darfur Genocide R &F M. Luna, Agent, Use 465 AKA 469 Niagara St.- Take Out Restaurant (Ell) (Hrg. 4/10) J. Goetz, Owner, Use 244 Allen- Outdoor Caf6 (Ell) (Hrg. 4/10) People, Inc., Agent, Use 2747 Main St. -HSF (Masten) (No Pub Hrg Req) People, Inc., Agent, Use 24 Indian Church -HSF (South) (No Pub HrR Req) APP R &F 81 -18. No 67 Apr 3 D. Zapfel, Agent, Use 2515 Bailey -HSF (Lovejoy) (No Pub Hrg Req) R &F 82 -19. No 68 Apr 3 W. Sunderlin, Agent, Use 226 Bryant for a Ground Sign (Nia) (No Pub Hrg Req)APP 83 -20. No 69 Apr 3 W. Sunderlin, Agent, Use 173 Summer for a Ground Sign (Nia) (No Pub Hrg Req)APP 84 -21. Res 131 Apr 3 Ord. Amendment - Chapter 317 - Aggressive Panhandling APP 85 -22. Com 4 Apr 3 Reappt.- Buffalo Water Board (Mayor) APP 86 -23. No 100 Apr 3 Food Store License -380 Connecticut (Niagara) (EDPI) ( 433,3/20) APP 87 -24. No 105 Apr 3 Used Car Dealer -1073 Niagara (Niagara) (EDPI) ( 420.2 /6) RECOMMIT 88 -25. No 71 Mar 20 K. Olson, Owner, Use 1860 Seneca -Bar (South) (Hrg. 3/27) APP 89 -26. Res 165 July 25 Use Permit Required for Human Services Facilities R &F 90 -27. Com 8 Mar 6 Foreclosure Notification ( Strat. Plan.) CD 91 -28. Com 21 Mar 6 Foreclosure Notification (Assess /Tax.) CD 92 -29. No 54 Mar 6 S. Baum - Comments - Foreclosure Notification CD 93 -30. No 55 Mar 6 N. Buscaglia -M &T Bank- Foreclosure Notification CD 94 -31. Res 94 Feb 20 Foreclosure Notification (Exc. 1s Res.) CD 95 -32. Res 116 Dec 12 Req. for Law Dept. to Investigate Suing Out of State Gun Shops & Dealers _R &F 96 -33. Res 94 Jan 23 Panhandling on City Streets & Roadway (Exc. 1s Res) 97 -34. Com 42 Mar 6 Used Car Dealer -490 Seneca (Ell) (EDPI) COMMUNITY DEVELOPMENT 98 -35. Res 125 Apr 3 Req. Appr. Prop. Amendment to LDA w /Revitalizing Urban Neighborhoods -830 Sycamore, 836 Sycamore St. & 182 Wilson St. (Hrg. 4/17) APP R &F APP ADOPT DENY APP 99 -36. Com 8 Apr 3 Req. Amend LDA -1106 Genesee, 836 Sycamore, & 182 Wilson; Approval Amendment to Contract for Sale of Land -830 Sycamore, 836 Sycamore & 108 -45 .Com 9 Mar 20 Bflo. Fiscal Stability Authority -Req. for State Efficiency Grant 182 Wilson; Req. to Reconvey 1106 Genesee to COB APP 100 -37. Res 127 Apr 3 Run Buffalo -Req. Waiver Permit Fees -Demo, etc. — 830 Sycamore, No 54 Mar 20 D. Bonifacio- Mayor's Press Release -COB 2008 Fed. Fndg. Reqs 836 Sycamore & 182 Wilson St. APP 101 -38. Res 128 Apr 3 Run Buffalo -Req. Waiver- Demo -830 Sycamore APP 102 -39. Com 21 Apr 3 Empire State Dev. News: "ECHDC Signs Agree. for Inner Transfer of Funds - Permits & Inspections APP Harbor Plan" (CP) WATER 103 -40. Res 137 Apr 3 Est. an Amphitheatre on the Outer Harbor (Exc. 1S Res.) WATER 104 -41. Res 132 Apr 3 Transferring Outer Harbor Land to the City of Buffalo (Exc. 1S Res.) WATER 105 -42. No 91 Apr 3 M. Kearns -J & R Smith -Req. Purchase Neighboring Prop.( 447,2/20) R &F 106 -43. Res 134 Mar 20 Amendment to Pratt- Willert Revital. Urb. Ren. Plan. (Hrg. 4/17) APP 107 -44. Com 38 Mar 20 M. Kearns -J &R Smith -Req. Purchase Neighboring Property R &F BI JDGF,T Local 4264 Arbitrator's Opinion & Award Judgment ( 488,7/25) R &F 108 -45 .Com 9 Mar 20 Bflo. Fiscal Stability Authority -Req. for State Efficiency Grant COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, APRIL 17, 2007 AT 2:00 P.M. PRESENT — David A. Franczyk, President of the Council, and Council Members Bonifacio, Davis, Fontana, Golombek, Kearns, LoCurto, Russell and Smith — 9. ABSENT— On a motion by Mr. Bonifacio, seconded by Mr.Fontana, the minutes of the stated meeting held on April 3, 2007 were approved. FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES No. 1 Citizens' Participation Academy This is to advise the Honorable Common Council of the continued implementation and execution of Mayor Byron W. Brown's Citizens' Participation Academy for City of Buffalo residents. The Academy's orientation session was held on Tuesday, March 27, 2007 and will run for approximately 9 sessions. The Academy will conclude with commencement exercises to be held on Tuesday, May 29, 2007. The second session of the Academy is comprised of 30 participants, representing all Councilmatic districts of the City of Buffalo. Each session affords participants to meet informally with city administrators and officials regarding numerous facets of city government and learn ways in which citizens can access the various services that are offered. For your convenience, attached you will find a summary of the Academy's objectives. We expect to offer this opportunity to City of Buffalo residents, ages 18 and over, twice a year in the fall and spring. Our Fall Session is scheduled to begin on September 11, 2007. Below you will find a list of participants for the Spring Monies (CP) R &F 109 -46 No 54 Mar 20 D. Bonifacio- Mayor's Press Release -COB 2008 Fed. Fndg. Reqs .R &F 110 -47. No 61 Apr 3 A. Thompson -BFSA Wage & Hiring Freeze Legislation ADOPT 111 -48. Res 123 Apr 3 Transfer of Funds - Permits & Inspections APP 112 -49 Res 124 Apr 3 Transfer of Funds -Law RECOMMIT 113 -50 Com 20 Mar 6 Second Quarter Gap (Compt.) R &F 114 -51. Res 138 Apr 3 Support for Mayor's Efficiency Incentive Funding Application ADOPT 115 -52. Com 26 Feb 20 2006 -07 Second Quarter Gap Sheets - 2/1/07 (AFUA) R &F 116 -53. No 85 Nov 28 Local 4264 Arbitrator's Opinion & Award Judgment ( 488,7/25) R &F 117 -54. No 66 Feb 20 Use the Innovative "SEGWAY Human Transporter" by COB (Exc. Fin. Res.) ( 4182,7/25) R &F 118 -55. Res 102 Dec 26 Resume COB Adjudication of Traffic Violations (Except 1S & 3rd Res) ADOPT COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, APRIL 17, 2007 AT 2:00 P.M. PRESENT — David A. Franczyk, President of the Council, and Council Members Bonifacio, Davis, Fontana, Golombek, Kearns, LoCurto, Russell and Smith — 9. ABSENT— On a motion by Mr. Bonifacio, seconded by Mr.Fontana, the minutes of the stated meeting held on April 3, 2007 were approved. FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES No. 1 Citizens' Participation Academy This is to advise the Honorable Common Council of the continued implementation and execution of Mayor Byron W. Brown's Citizens' Participation Academy for City of Buffalo residents. The Academy's orientation session was held on Tuesday, March 27, 2007 and will run for approximately 9 sessions. The Academy will conclude with commencement exercises to be held on Tuesday, May 29, 2007. The second session of the Academy is comprised of 30 participants, representing all Councilmatic districts of the City of Buffalo. Each session affords participants to meet informally with city administrators and officials regarding numerous facets of city government and learn ways in which citizens can access the various services that are offered. For your convenience, attached you will find a summary of the Academy's objectives. We expect to offer this opportunity to City of Buffalo residents, ages 18 and over, twice a year in the fall and spring. Our Fall Session is scheduled to begin on September 11, 2007. Below you will find a list of participants for the Spring 2007 session. Delaware - Laura Chestnut, Matthew McMurray, Michael Rio, Mafia Russin Ellicott- Joseph Maniaci, Greg Rehwoldt, Sara Vickers - Hopkins Fillmore — Jennifer Gibbs, Irene Hawkesworth, Teresa Peeples -Polk LoveJoy- Luke Dyer, Denise Hurst Masten- Nettie Anderson, Louise Bonner, Donna Brown, Bradford Watts North- Robert Lowery, Ellen Loyd, Anna Pacifico Niagara- Michael Collins, Carolyn Gullo, Sue Marfino, Peter Wolfe South- Fatima HaSidi, Marisol Lopez University- Chandra Banks, Shannon Carter, Dale Martin RECEIVED AND FILED FROM THE CITY PLANNING BOARD No. 2 SEQR Lead Agency Designation by City of Buffalo Planning Board - 1081 Elmwood Avenue Pano's Restaurant building addition and parking lot reconfiguration The City Planning Board at its regular meeting held Tuesday, April 10, 2007, considered the matter captioned above and voted to solicit SEQRA Lead Agency status. 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 SEQR is an "Unlisted Action" for which the City of Buffalo Planning Board recommends the completion of a coordinated environmental review. As per Section 617.6 of the regulation an agency responsible for determining the effect of this project on the environment must designated from the involved agencies within thirty days of this notification. The City of Buffalo Planning Board proposes to assume the SEQR lead agency status for this action and respectfully requests the Common Council's approval of this. proposal. The draft of the project Environmental Assessment Form s enclosed for your review. If the Common Council has no objection to the designation of the City of Buffalo Planning Board as SEQR lead agency, please respond to Frank A.Manuele, Chairman, Buffalo City Planning Board, 901 City Hall, Buffalo, NY 14202, within the thirty day period. Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning, dated April 11, 2007, be received and filed; and That the Common Council hereby consents to the City of Buffalo Planning Board as Lead Agency for the 1081 Elmwood Avenue - Pano's Restaurant building addition and parking lot reconfiguration project. PASSED AYES — 9 NOES — 0 NO. 3 SEQR Lead Agency Designation by City of Buffalo Planning Board -45 -49 Federal Avenue Laidlaw Inc, - additional 21 vehicle parking lot The City Planning Board at its regular meeting held Tuesday, April 10, 2007, considered the matter captioned above and voted to solicit SEQRA Lead Agency status. 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 City of Buffalo Planning Board recommends the completion of a coordinated environmental review. As per Section 617.6 of the regulation an agency responsible for determining the effect of this project on the environment must designated from the involved agencies within thirty days of this notification. The City of Buffalo Planning Board proposes to assume the SEQR lead agency status for this action, and respectfully requests the Common Council's approval of this proposal. The draft of the project Environmental Assessment Form is enclosed for your review. If the Common Council has no objection to the designation of the City of Buffalo Planning Board as SEQR lead agency, please respond to Frank A. Manuele, Chairman, Buffalo City Planning Board, 901 City Hall, Buffalo, NY 14202, within the thirty day period. Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning, dated April 11, 2007, be received and filed; and That the Common Council hereby consents to the City of Buffalo Planning Board as Lead Agency for the Laidlaw Inc. additional 21 vehicle parking lot project. PASSED AYES — 9 NOES — 0 NO. 4 SEQR Lead Agency Designation by City of Buffalo Planning Board - Aids Community Services, 206 South Elmwood Avenue - Proposed three story building addition The City Planning Board at its regular meeting held Tuesday, April 10, 2007, considered the matter captioned above and voted to solicit SEQRA Lead Agency status. 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 City of Buffalo Planning Board recommends the completion of a coordinated environmental review. As per Section 617.6 of the regulation an agency responsible for determining the effect of this project on the environment must designated from the involved agencies within thirty days of this notification. The City of Buffalo Planning Board proposes to assume the SEQR lead agency status for this action, and respectfully requests the Common Council's approval of this proposal. The draft of the project Environmental Assessment Form is enclosed for your review. If the Common Council has no object on to the designation of the City of Buffalo Planning Board as SEQR lead agency, please respond to Frank A. Manuele, Chairman, Buffalo City Planning Board, 901 City Hall, Buffalo, NY 14202, within the thirty day period. Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning, dated April 11, 2007, be received and filed; and That the Common Council hereby consents to the City of Buffalo Planning Board as Lead Agency for the Aids Community Services, 206 Elmwood Avenue - proposed three story building addition project. Passed Ayes — 9 Noes — 0 No. 6 SEQR Lead Agency Designation by City of Buffalo Planning Board - Sycamore Village 26 Parcel SubdlivisJon and City -wide Design and Site Plan approvals The City Planning Board at its regular meeting held Tuesday, April 10, 2007, considered the matter captioned above and voted to solicit SEQRA Lead Agency status. 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 City of Buffalo Planning Board recommends the completion of a coordinated environmental review. As per Section 617.6 of the regulation an agency responsible for determining the effect of this project on the environment must designated from the involved agencies within thirty days of this notification. The City of Buffalo Planning Board proposes to assume the SEQR lead agency status for this action, and respectfully requests the Common Council's approval of this proposal. The draft of the project Environmental Assessment Form is enclosed for your review If the Common Council has no objection to the designation of the City of Buffalo Planning Board as SEQR lead agency, please respond to Frank A. Manuele, Chairman, Buffalo City Planning Board, 901 City Hall, Buffalo, NY 14202, within the thirty day period. Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning, dated April 11, 2007, be received and filed; and That the Common Council hereby consents to the City of Buffalo Planning Board as Lead Agency for the Sycamore Village - 25 Parcel Subdivision and City -wide Design and Site Plan project. PASSED AYES — 9 NOES — 0 NO. 6 139 Buffalo River Ethanol Processing Plant Item No. 129, C.C.P. 4/3/2007 The City Planning Board at its regular meeting held Tuesday, April 10, 2007, considered the matter captioned above pursuant to Section 18 -48 of the Buffalo Code, Referable Matters to the City Planning Board. The Planning Board is, as you know, the lead agency under SEQRA for this project. The Planning Board was, in fact, designated lead agency with the express consent (after required solicitation) of the Common Council. The Planning Board, as a result, has exclusive jurisdiction over the SEQRA process for the project and must, by law, exercise the authority reasonably and appropriate. The Planning Board's intent is, as required by SEQRA, to make a thorough investigation of the environmental affects associated with the project, identity relevant areas of environmental concern, take a "hard look" at those concerns and make a reasonable elaboration of the basis for its findings. H.O.M.E.S.v. NYSUDC, 69 A.D.2d 222 (4th Dept., 1979). The Planning Board takes this responsibility seriously and has been engaged in the environmental review process for some time, over six (6) months, even though not complete at this time. The environmental review process includes an extensive, thorough, and detailed Full Environmental Assessment Form with attachments as is part of our record and, we know, has also been filed with the Council. In addition, an extensive public hearing and community outreach program have been completed by the project sponsor, including, among other things, hearings before the Common Council's Legislative Committee, two Environmental Justice Hearings, a Community Public Information Meeting, two Planning Board Meetings, a Zoning Board of Appeals Hearing, multiple notices in the newspaper and direct mailings to the neighbors, and a door -to -door polling /inquiry conducted by the project sponsor to over 600 residential homes in the area. The Planning Board is reviewing environmental data before it on the project and has conducted a significant review to date. In addition the Planning Board received a letter from the NYSDEC stating that "It is the opinion that the applicant has addressed all of the air issues relative to odors, particulate, and toxic emissions" and that "...this Department certainly can support issuance of a Negative Declaration based on the anticipated emissions from the plant which will be stringently controlled..." At this point, we will (as discussed above) review the Full EAF and all project and environmental information before us, identify relevant areas of environmental concern, take a "hard look" at those concerns and make a reasonable elaboration of the basis for our determination of significance under SEQRA. We anticipate completing this process and the Planning Board will be ready to issue its SEQRA determination of significance at our next meeting on April 24 2007. The Planning Board voted to received and file the draft resolution sponsored by Councilman Franczyk which proposed recommending to this Board that a positive declaration under the provisions of the State Environmental Quality Review Act be issued by the Planning Board for the proposed RiverWright Ethanol Energy Project located at 139 Buffalo River, Buffalo, N.Y. and will consider it as we would any comment from the public on the project. Until the review of the Full EAF and attachments is complete, any determination, either negative or possive will not be made. REFERRED TO THE COMMITTEE ON LEGISLATION No. 7 Youth Employment Exemption from Living Wage Ordinance - Brand-On Services, Inc. In accordance with Buffalo City Code §96- 19(H)(1)(b), "Youth Employment Exemption," and in response to the attached correspondence from six members of the Buffalo Common Council, I hereby request that the Common Council consider an exemption from the living wage ordinance for any and all part -time seasonal employees under the age of twenty -one employed by Brand -On Services, Inc. at the Erie Basin Marina. All other employees that do not qualify for the exemption must be paid the living wage. Mr Bonifacio moved That the Common Council hereby approves the request of the Mayor for a Youth Employment Exemption for all part time seasonal employees under the age of 21 employed by Brand- On Services, Inc at the Erie Basin Marin. All other employees that do not qualify for an exemption must be paid the living wage. PASSED AYES — 8 NOES — 1 AYES- BONIFACIO, DAVIS, FONTANA, FRANCZYK, GOLOMBEK, KEARNS, RUSSELL AND SMITH NOES - LOCURTO FROM THE OFFICE OF STRATEGIC PLANNING NO. 8 Results of Negotiations 428 Bailey, 216'N Seneca Vacant Lot: 56' x 13' Assessed Valuation: $2,000 (Lovejoy District) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 428 Bailey Avenue from Robinson Home Products, Inc., Mr. Robert Skerker, 2615 Walden Avenue, Cheektowaga, New York 14225. Mr. Skerker owns adjacent property at 500 Bailey Avenue. Mr. Skerker would like to cleanup and square off the property line and use for additional green space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar commercial lots in the subject area. Sales range from Sixty -Five Cents ($ .65) to One Dollar and Thirty -Five Cents ($1.35), per square foot. The results of our negotiations are that Mr. Skerker has agreed and is prepared to pay Five Hundred Dollars ($500), One Dollar and Twenty Five Cents ($1.25) per square foot for the subject property. Mr. Skerker 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 428 Bailey Avenue to Robinson Home Products, Inc., Mr. Robert Skerker in the amount of Five Hundred Dollars ($500). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMPTROLLER NO. 9 Additional Information on Federal Financial Assistance This is to advise that a copy of the single audit of Federal, state and local financial assistance programs received by the City of Buffalo for the fiscal year ending June 30, 2006 has been delivered to each Councilmember, the Common Council Chief of Staff, the City Clerk, the Mayor and the Budget Office. Pursuant to amendments of Section 35 of the General Municipal Law, which took effect January 1, 1989, Your Honorable Body may, in its discretion, provide to the State Comptroller and file with the City Clerk a written response to the findings and recommendations in this report no later than ninety days after its receipt, or July 11, 2007. REFERRED TO THE SPECIAL COMMITTEE ON BUDGET NO. 10 City Investments - Sudanese Government Item No. 98, C.C.P. 2/20/07 In response to your request regarding the investment of City of Buffalo funds in companies that directly or indirectly invest in the Sudanese Government, we have contacted all of our financial institutions and have verbal confirmation that no City of Buffalo funds are invested directly or indirectly in the Sudanese Government. In addition, we have requested our financial institutions to verify in writing that they are in compliance with the Sudanese Sanctions Regulations (Title 31 Part 538 of the Federal Regulations) which implements the provisions of Executive Order 13067. RECEIVED AND FILED No. 11 Accepting Late Tax Payments Item #29, C.C.P. March 6, 2007 The Comptroller's office was asked to provide a response regarding the item mentioned above. We concur with the concerns presented by the Law Department in that due care need be exercised should we decide to accept late tax payments. It is imperative that the language in the charter or legislation implicitly state that we will only accept the billed amount as partial payment, NOT that we would accept ANY partial payment. It is critical that the City's cash flows retain their predictability. Accepting the billed amount will expedite the cash receipt process. We would then need to establish a process for calculating and collecting the interest penalties. It should further be noted that we would need to evaluate the capacity of the current software used by the assessment office to implement such a program. We also agree with the communication of Commissioner Michaux dated February 9, 2007 that states we should explore the ability to adopt a local law that would allow a five -day extension to owners over the age of sixty -five who receive certain exemptions. In conclusion, we should proceed with this endeavor with due care. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 12 Apollo Media Center CCP Com. Dec. 20, 2006 — Apollo Media Employees- Agreement with Wellness Institute Your Honorable Body is requested to extend the current agreement with the Wellness Institute of Greater Buffalo & Western New York and this Department for the administration of the Apollo Media Center to June 30, 2007. At this time the papers to establish the Apollo Media Foundation, Inc. have been prepared and filed with the New York State Department of State. This additional time is needed to set up the structure of the operation under the Apollo Media Foundation. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated April 2, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to extend the current agreement until June 30, 2007 with the Wellness Institute of Greater Buffalo and Western New York and the Department of Public Works, Parks and Streets for the administration of the Apollo Media Center. PASSED AYES —9 NOES- 0 NO. 13 Report of Bids Repair to City Pavements — 2007 Gr #666 This is to advise your Honorable Body that I have advertised and received three (3) bids in regard to the above mentioned contract. In obtaining these bids for the above project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Thomann Asphalt Paving Corp. $94,850.00 56 Gunville Road, Lancaster, NY 14086 C. Destro Development Co., Inc. $216,515.00 2255 Bailey Avenue, Buffalo, NY 14211 Destro & Brothers Concrete Co., Inc. $265,400.00 411 Ludington, Buffalo, NY 14206 1 hereby certify that the low bidder for the above project is Thomann Asphalt Paving Corp. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $94,850.00. Funds for this work are available in Capital Project Account #30032106 and a infrastructure account to be established after the bond sale. The engineer's estimate for this work is $120,000.00. The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by May 20, 2007. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated April 5, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Repairs to City Pavements - 2007, Group #666, to Thomann Asphalt Paving Corp., the lowest responsible bidder, in the amount of $94,850.00. Funds for the project are available in Capital Project Account #30032106. PASSED AYES — 9 NOES — 0 NO. 14 Report of Bids Crackfilling of City Pavements - 2007, Gr. #666 This is to advise your Honorable Body that I have advertised and received two (2) bids in regard to the above mentioned contract. In obtaining these bids for the above project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Thomann Asphalt Paving Corp. $96,875.00 56 Gunville Road, Lancaster, NY 14086 Destro & Brothers Concrete Co., Inc. $155,750.00 411 Ludington, Buffalo, NY 14206 1 hereby certify that the low bidder for the above project is Thomann Asphalt Paving Corp. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $86,875.00 Funds for this work are available in Capital Project Account #30032106 and a infrastructure account to be established after the bond sale. The engineer's estimate for this work is $115,000.00. The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by May 20, 2007. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated April 5, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Crack filling of City Pavements, to Thomann Asphalt Paving Corp., the lowest responsible bidder, in the amount of $86,875.00. Funds for the project are available in Capital Project Account #30032106. PASSED AYES — 9 NOES — 0 NO. 16 REPORT OF BIDS JFK PARK FOOTBALL FIELD RECONSTRUCTION (ELLICOTT) have received the following bids for the Riverside Park Football publicly opened & read on April 4, 2007. General Contractor Base Bid Titan Development, Inc. $69,365.00 8534 Seaman Road Gasped, NY 14067 Thomann Asphalt Paving $69,925.00 56 Gunnville Road Lancaster, NY 14086 $69,365.00 $69,925.00 Gardenville Landscape $71,204.00 3069 Clinton Street West Seneca, NY 14224 Birch Grove Landscaping $77,260.00 PO Box 117 East Aurora, NY 14052 Scott Lawn Yard $89,015.00 5552 Townline Road Sanborn, NY 14132 Gleason's Nursery $97,860.00 4780 Sheridan Drive Williamsville, NY 14221 I advertised on March 21, 2007 and Field Reconstruction contract, which were I hereby certify the foregoing is a true and correct statement of the bids received and that Titan Development, Inc. of Gasport, NY is the lowest responsible bidder in accordance with the plans and specifications; and that the contract amount is $69.365.00. 1 request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. The Engineer's estimate for this work was $65,000 and funds for this work will be available in the 2007 Parks Improvements Bond sale. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated April 10, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for JFK Park Football Field Reconstruction, to Titan Development, Inc., the lowest responsible bidder, in the amount of $69,365.00. Funds for the project are available in the 2007 Parks Improvements Bond sale. PASSED AYES - 9 NOES -0 NO. 16 CHANGE IN CONTRACT BROADWAY GARAGE PERIMETER FENCE & GUIDE RAIL JOB 634 ELLICOTT DISTRICT I hereby submit to Your Honorable Body the following changes for the Broadway Garage, Perimeter Fence & Guide Rail, Fox Fences, C #92011194. 1. Additional work necessary for auger /excavation of 82 line post holes through blacktop & haul spoils off -site to legal dumpsite. This work is necessary to minimize damage to existing hard surface blacktop. Add $ 6,010.20 The foregoing change results in a net increase in the contract of Six Thousand Ten and 20/100 Dollars ($6,010.20). Summary Current Contract Amount $93,290.27 Amount of This Change Order ( #1) $ 6,010.20 Revised Contract Amount $99,300.47 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 38320906 445100 - Division of Buildings. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April 4, 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. 1, to Fox Fences, an increase in the amount of $6,010.20, as more fully described in the above communication, for work relating to Job No. 0634, Broadway Garage, Perimeter Fence & Guide Rail, C #92011194. Funds for this project are available in 38320906 445100 - Division of Buildings. PASSED AYES - 9 NOES -0 NO. 17 TRAFFIC SIGNAL OPERATION ABBOTT @ CAZENOVIA / LORRAINE SOUTH DISTRICT #56 OF 4/3/07 This is in response to the subject item, which was referred to our department for review and comment. Please be advised that a traffic study will be performed at this location in regard to the traffic signal phasing and operations. This study will involve field observation, traffic counts and a review of accident data. Your Honorable Body will be advised of the results of the study when complete. RECEIVED AND FILED NO. 18 CERTIFICATE OF APPOINTMENT Appointment Effective: April 9, 2007 in the Department of Public Works, Parks & Streets, Division of Water to the Position of Teller, Temporary Promotion at the Intermediate Starting Salary of: $29,384.00 Lori A. Mooney, 126 Taunton Place, Buffalo, New York 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 19 CERTIFICATE OF INSURANCE / BUFFALO SPECIAL POLICE Dear Common Council, Enclosed please find the Certificate of liability Insurance provided by the Buffalo Special Police, which names the City of Buffalo as an additional insured. On its face, this Certificate of Insurance complies with the Section 13 -20 (g) of the Buffalo City Charter. Please be advised that as discussed in my January 31, 2007 correspondence, is our Department's position that the Buffalo Special Police should be required to also execute the indemnification clause attached to that correspondence. Enclosed please find a copy of said indemnification clause. Thank you again for inviting our Department's comments on this matter. Very truly yours, REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 20 DRUG ASSET FORFEITURE WIRE TRANSFERS NO. 21 RES # 144 CCP "THE NEED FOR MORE BUFFALO POLICE OFFICERS" Dear Common Council, Thank you for inviting our Department's comments on the above - referenced Resolution. Our Department greatly appreciates the Common Council's support for the hiring of additional police officers. Very truly yours, H. McCarthy /Gipson Commissioner of Police RECEIVED AND FILED NO. 22 "USED CAR DEALER - 490 SENECA (ELL) (EDPI)" #42 CC MAR. 6, 2007 Dear Common Council, Thank you for requesting our Department's comments on the aforementioned. In reviewing applications for City licenses, Our Department is primarily concerned with whether the applicant has criminal convictions, and if so, how many and for what crimes. Concerning Mark Miller, DOB —, the disposition of his October 7, 1992 charges was that he was adjudicated a youthful offender. Our investigation further revealed that in both subsequent cases, he pled guilty to New York Penal Law §240 -20, Disorderly Conduct, a violation, and he received a conditional discharge. Thus, Mr. Miller has no criminal convictions. Very truly yours, RECEIVED AND FILED NO. 23 EXEMPT APPOINTMENT We are requesting that this correspondence be filed as a matter of information only. Listed below is the individual being appointed to the exempt position of Chief (Board of Education) which will be effective April 2, 2007: Kevin J. Brinkworth 366 Eden Street Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment Effective April 2, 2007 in the Department of Police to the Position of Chief (Board of Education), Provisional Appointment at the flat Starting Salary of $84,771.00 Kevin J. Brinkworth, 366 Eden Street, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE a: 16I LTilr9 :INEK61N161MA11610 NO. 24 CLAIMS COMMITTEE MEETING AGENDA WEDNESDAY, APRIL 25, 2007 HON. MICHAEL P. KEARNS, CHAIRPERSON ITEM NO 104 CCP# 2/28/1988 98 -DEA- 359464 G1 -99 -0123 $5,111.20 06 -DEA- 471585 C2 -06 -0132 1,453.09 06 -DEA- 464885 C2 -06 -0067 1,409.35 06 -DEA- 469488 C2 -06 -0109 8,709.49 06 -DEA- 471575 C2 -06 -0131 3,788.89 06- FBI - 000597 3220060033 5,387.04 06- FBI - 000608 31102006003 2,086.94 06- FBI - 000129 31102006001 1,007.31 04 -DEA- 440251 C2 -03 -0084 566.75 05 -DEA- 453110 C2 -02 -0083 321.06 06 -DEA- 469694 C2 -06 -0118 972.19 06 -DEA- 471361 C2 -06 -0064 3,316.09 06 -DEA- 472823 C2 -06 -0139 2,189.54 06 -DEA- 473144 C2 -06 -0142 6,544.34 06 -DEA- 473166 C2 -06 -0142 1,935.49 06 -DEA- 473919 C2 -06 -0147 73,519.06 06 -DEA- 470109 C2 -02 -0152 7,951.40 06 -DEA- 465455 C2 -06 -0077 5,120.89 06- FBI - 002315 31102006032 8,826.80 TOTAL $140,216.92 The Drug Enforcement Administration (DEA) has administratively forfeited the above referenced property. The funds were received by this Departm funds, plus 15% of funds received since 7/1/06 has been deposited into SAFF account 10317 for fulfilling initial expenditure under SAFF legislation. Commissioner of Police: Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624. REFERRED TO THE COMMITTEE ON FINANCE NO. 21 RES # 144 CCP "THE NEED FOR MORE BUFFALO POLICE OFFICERS" Dear Common Council, Thank you for inviting our Department's comments on the above - referenced Resolution. Our Department greatly appreciates the Common Council's support for the hiring of additional police officers. Very truly yours, H. McCarthy /Gipson Commissioner of Police RECEIVED AND FILED NO. 22 "USED CAR DEALER - 490 SENECA (ELL) (EDPI)" #42 CC MAR. 6, 2007 Dear Common Council, Thank you for requesting our Department's comments on the aforementioned. In reviewing applications for City licenses, Our Department is primarily concerned with whether the applicant has criminal convictions, and if so, how many and for what crimes. Concerning Mark Miller, DOB —, the disposition of his October 7, 1992 charges was that he was adjudicated a youthful offender. Our investigation further revealed that in both subsequent cases, he pled guilty to New York Penal Law §240 -20, Disorderly Conduct, a violation, and he received a conditional discharge. Thus, Mr. Miller has no criminal convictions. Very truly yours, RECEIVED AND FILED NO. 23 EXEMPT APPOINTMENT We are requesting that this correspondence be filed as a matter of information only. Listed below is the individual being appointed to the exempt position of Chief (Board of Education) which will be effective April 2, 2007: Kevin J. Brinkworth 366 Eden Street Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment Effective April 2, 2007 in the Department of Police to the Position of Chief (Board of Education), Provisional Appointment at the flat Starting Salary of $84,771.00 Kevin J. Brinkworth, 366 Eden Street, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE a: 16I LTilr9 :INEK61N161MA11610 NO. 24 CLAIMS COMMITTEE MEETING AGENDA WEDNESDAY, APRIL 25, 2007 HON. MICHAEL P. KEARNS, CHAIRPERSON FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 25 SIDEWALK CAFE LICENSE 391 WASHINGTON (ELLICOTT) The Common Council approved a sidewalk car6 for the restaurant located at 391 Washington on April 29, 2003 (C.C.P. #93). The restaurant, formerly known as Lafayette Tap Room, is now owned by Marc Alfieri. Mr. Alfieri has requested permission to install a similar caf6. The Department of Permit & Inspection Services has no objection to you Honorable Body authorizing the Commissioner to issue a "mere license" to encroach City right of way provided all conditions in the above mentioned approval are met. Mr. Bonifacioo moved That the Commissioner of ECDPI is hereby authorized to issue a mere License to Mr. Alfieri to encroach the City Right of Way at 391 Washington provided that all conditions of the side walk cafe are met PASSED AYES - 9 NOES -0 NO. 26 RESTAURANT DANCE CLASS III 45 CHIPPEWA WEST (ELLICOTT) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Restaurant Dance Class 111 License located at 45 Chippewa West and find that as to form is correct. I have caused an investigation into the premises for which said application for a Restaurant Dance Class III license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Randall Pfeifer. The attached thereto for Randall Pfeifer d /b /a Big Shotz. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 27 RESTAURANT DANCE CLASS IN 777 MAIN (ELLICOTT) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Restaurant Dance Class In License located at 777 Main and find that as to form is correct. I have caused an investigation into the premises for which said application for a Restaurant Dance Class III license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Panl Bonetto. Tile attached thereto for Paul Bonetto d /b /a The Blu Martini. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 28 RESTAURANT DANCE CLASS III 391 WASHINGTON (ELLICOTT) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Restaurant Dance Class III License located at 39t Washington Street and Fred that as to form is correct. I have caused an investigation into the premises for which said application for a Restaurant Dance Class III license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Marc Alfieri. The attached thereto for Marc Alfieri d /b /a Lafayette Tap Room Bar -B -Wue and Blues Saloon. This request is submitted for your approval or whatever action you deem appropriate. Mr. Bonifacio moved That the Commissioner of EDPI is authorized to issue a restaurant Dance Class III license at 391 Washington PASSED AYES - 9 NOES -0 NO. 29 SECOND HAND DEALER 850 FILLMORE ( FILLMORE) (RESUBMISSION) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 850 Fillmore and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Jose Santiago. The attached thereto for Jose Santiago d /b /a D & G Appliances. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 30 MULTIPLE DWELLINGS TAX EXEMPTION LAW Dear Councilmembers: The Commissioner of Economic Development, Permit & Inspection Services is seeking consideration of the attached Local Law from the Common Council and a sponsor for it. Any questions or concerns can be directed at Chris Johnston at 851 -4758. If you have further questions, I would be happy to discuss this letter with you. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL NO. 31 SEQR LEAD AGENCY DESIGNATION - DORMITORY AUTHORITY OF THE STATE OF NEW YORK, CITY OF BUFFALO BUILDING DEMOLITIONS, NYEDCP PROGRAM It is proposed that the City of Buffalo undertake the demolition of vacant and substandard buildings located on scattered sites in the City. The project will be financed by a $5,000,000 grant made available by the Dormitory Authority of the State of New York (DASNY) under the NYEDCP Program. 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 Department of Economic Development, Permit and Inspection Services recommends the completion of a coordinated environmental review. As per Section 617.6 of the regulations an agency responsible for determining the effect of this project on the environment must be designated from the involved agencies within 30 days of this notification. The Department of Economic Development, Permit and Inspection Services proposes to assume the SEQR lead agency status for this action, and respectfully requests the Common Council's approval of this proposal. The draft of the project Environmental Assessment Form is enclosed for your review. If the Council has no objection to the designation of this Department as SEQR lead agency please inform my office within the 30 -day period. Mr. Bonifacio moved: That the above communication from the Commissioner of Economic Development, Permit & Inspections Services, dated April 11, 2007, be received and filed; and That the Common Council hereby consents to the Department of Economic Development, Permit and Inspections Services as Lead Agency for the NYEDCP Program. PASSED AYES - 9 NOES -0 FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO. 32 Purchase of Vehicles This is to request approval for the Division of Parking Enforcement to purchase two new 4 -wheel drive, light duty pick -up trucks and one utility vehicle, for use by our parking meter and enforcement repair unit. The new vehicles were approved in our 2006 -07 capital outlay budget and will replace two 1995 pick -up trucks and one 1984 utility truck. Mr. Bonifacio moved: That the above communication from the Administration, Finance, Policy & Urban Affairs dated March 29, 2007, be received and filed; and That the Director of Parking Enforcement be, and he hereby is authorized to purchase two new 4 wheel drive, light duty pick -up trucks and one utility vehicle. Funds were approved in the 2006 -07 capital outlay budget with the following conditions That the purchase of these vehicles is approved contingent on the new vehicles being designated as not authorized for take -home use, marked with the City Seal in accordance with Chapter 53 of the City Code, and concurrent with use, that the replaced vehicles be removed from City service and disposed of in the best interests of the City. PASSED AYES — 9 NOES — 0 NO. 33 Certificate of Appointment Appointment Effective: April 9, 2007 in the Department of Division of to the Position of Administration, Finance, Policy & Urban Affairs Division of Parking Enforcement to the Position of Parking Meter Mechanic PERMANENT APPOINTMENT INTERMEDIATE Starting Salary of $28,027 Lawrence Charles 145 hastings Buffalo, 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CITY CLERK No. 34 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: Comptroller- Nataliya Zingorenko Police- Tachelle Wright— Sharon Welsh, Patricia Bissonette Fire- Paul Eason— Michael Cassidy, James Twist, Kenneth Eason Corporation Counsel- Community Services- Administration, Finance & Urban Affairs- Richard Hooker RECEIVED AND FILED. No. 36 Notices of Appointments - Seasonal /Flat I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. Certificate of Appointment Appointment Effective: April 2, 2007 in the Department of Public Works, Parks & Streets Division of Water to the Position of Water Service Worker Seasonal Appointment at the Flat Starting Salary of $8.15 Darryl Woody 629 Norfolk Avenue Buffalo, New York 14215 Certificate of Appointment Appointment Effective: April 5, 2007 in the Department of Strategic Planning Division of Real Estate to the Position of Laborer II Seasonal Appointment Flat Starting Salary of $8.15 Michael V. Steffan 163 Claremont Avenue Buffalo, New York 14222 Certificate of Appointment Appointment Effective: April 9, 2007 in the Department of Public Works, Parks & Streets Division of Water to the Position of Water Service Worker Amar Ahmed Hersi 232 Auburn Ave Buffalo, NY 14213 Certificate of Appointment Appointment Effective: April 2, 2007 in the Department of Public Works, Parks & Streets Division of Streets to the Position of Laborer 11 Seasonal Non - Competitive Flat at the Starting Salary of $8.15 Daniel J O'Connor 51 Olcott Ave Buffalo, NY 14220 Certificate of Appointment Appointment Effective: April 9, 2007 in the Department of Public Works, Parks & Streets Division of Streets to the Position of Laborer II Seasonal Appointment Flat Starting Salary of $8.15 Vunnal Blair 263 Florida St Buffalo, NY 14208 No. 36 Appointments - Temporary, Provisional or Permanent I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requiren REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Certificate of Appointment Appointment Effective: 03/26/07 in the Department of: Police Division of: Fleet Maintenance to the Position of: Laborer II Temporary Appointment at Michael Lakeman 63 Campbell Ave Buffalo, NY 14216 Certificate of Appointment Appointment Effective: March 21, 2007 in the Department of Economic Development, Permit and Inspection Services Division of Licenses to the P Richard Fulinara 85 North Pearl — Apt 2 Buffalo, NY 14201 Certificate of Appointment Appointment Effective: April 9, 2007 in the Department of Administration, Finance Policy & Urban Affairs Division of Parking Enforcement to the Position of Parking Enforcement Supervisor I Provisional Appointment Minimum Starting Salary of $32,530 Richard Hooker 9 Groveland St Buffalo, NY 14214 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS No. 37 New U.S. Courthouse, Buffalo, NY We would like to thank The Common Council for their interest and for the following resolutions that were adopted for the project attached to your letter dated March 23, 2007: "Establish District Heating at the New Federal Courthouse" Resolution #137 CCP March 20, 2007 In reference to the above resolution, General Services Administration (GSA) and their architectural and engineering team met with the Buffalo District Energy Corporation (BDEC) in September 2003 to explore the feasibility of using hot water and chilled water generated by the BDEC in the new Federal Courthouse. The GSA team continued discussions with BDEC and studies were developed for incorporating the heating and cooling program into the courthouse design. GSA will require additional information from the District Energy Program. "Support Federal Courthouse Design Compatible with Joseph Ellicott Plan" Resolution #142 CCP March 20, 2007 In reference to the above resolution, GSA entered into a Memorandum of Agreement (MOA) with the New York Office of Parks Recreation & Historic Preservation, (NYOPRHP) and the Advisory Council on Historic Preservation (ACHP) to establish requirements for the design and construction of the Federal Courthouse. The MOA was signed by the above parties on June 4, 2004. The City of Buffalo, as an invited signatory, agreed to the terms of the final MOA and joined the three stakeholders in signing the MOA. The MOA provides GSA the right to demolish all of the existing structures on the Courthouse site including any portions of the existing buildings outside the footprint of the new Courthouse. GSA is in compliance with fulfilling the requirements of the signed MOA. I welcome you to contact me if you should have any questions or concerns regarding GSA and our Buffalo federal facilities. I can be reached by phone at (212) 264 -2600 or by email at Emily. Baker @gsa.gov. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 38 Shopping Cart Ordinance Representing the Avery Avenue /Holling homes Block Club, I can say with strong support of confidence from my membership that your resolution to deal with the unsightly and dangerous issue of stray shopping carts is OUTSTANDING. Along with the growing litter problems, stray shopping carts are at the panicle of some beautification concerns in our community. It is very refreshing to see that the city, in addition to many other things that are underway, is engaging and solving the problems of the people? We all realize that these issues are not unique to Buffalo, but are you aware of an important Buffalo artist who has a book titled The Stray SE Shopping Carts of Eastern North America; A Guide to Field Identification based on his unique artistic understanding of the phenomenon /problem? I recommend the boo to the council REFERRED TO THE COMMITTEEE ON LEGISLATION NO. 39 PROPOSAL BUFFALO REUSE On behalf of Buffalo ReUse, Inc., I'd like to submit the following proposal to the Common Council for consideration at the Tuesday, April 17 Common Council meeting. I realize that this is a late submission but hope you will consider this proposal as a late submission and add the proposal to Tuesday's agenda. Buffalo ReUse, Inc. would like to request the Common Council grant Buffalo ReUse Inc. permit fee exemptions for homes that they will be deconstructing in the City of Buffalo. Buffalo ReUse is incorporated as a not - for - profit corporation in the State of New York and PUSH Buffalo, a 501 c3 Federal Tax Exempt Organization in Buffalo, is currently serving as our non - profit, fiscal sponsor. On April 28 in collaboration with the University of Buffalo Law Clinic, we will submit our 1023 application to the federal government requesting non - profit tax exemption status. Buffalo ReUse Inc. is a newly formed not - for - profit organization that performs the vital community service of deconstructing abandoned homes in the City of Buffalo, with the mission of creating jobs for young people, diverting reusable materials from the landfill, and developing new assets, such as community gardens, in the neighborhoods in which we work. We recently have been granted $200,000 from Empire State Development to support our full -time start- up. We have developed a strong relationship with housing court Judge Henry Nowak and the Commission of Permits and Inspection, Rich Tobe. Our goal is to provide a community minded alternative to the industry standard practice of demolition. The grant will support our start -up and subsidize our learning curve during year one. Given we ultimately work with low income clients that are working through the courts, we are attempting to keep costs low, so that we can develop a financially responsible business plan and deliver added benefits to the community. Government policies have made demolition of unwanted structures a very costly endeavor for many homeowners and given the challenges of the Buffalo housing market, we hope that our services can support homeowners in removing the burden of the house, while also returning the benefits of jobs and salvaged materials to the community. We expect that our organization will be self- sustaining within the next 2 years, but until then every dollar that we can save will support our mission and our long -term sustainability. To support our goals, we would like to request that the Common Council waive the following permitting fees, to reduce costs for our low- income clients and to support our mission • $300.00 flat fee for demolition (1,2, or 3 family dwellings) and $25 application fee, required when we pull our demolition permit. Buffalo ReUse, Inc. will soon be a licensed Level I demolition contractor with the City of Buffalo. • $235 fee for plumbing (water) cuts. Note: Lincoln Plumbing, a licensed plumber with the City of Buffalo, is collaborating with us to perform the sewer and water cuts and they have agreed to pass these savings on to us. • $122 -$145 fee for Engineering Street Cut permits. Note: Lincoln Plumbing also pays this fee and thus passing along the expense to our clients. • $66 LF (linear foot) abatement fee (if applicable), $66 SF (square foot) abatement fee (if applicable), and $25 application fee for asbestos contractors that perform work on our projects. Note: we are collaborating with Empire Building Diagnostics in Depew to facilitate the abatement for our first two projects. We would like to underscore that we have met all of the guidelines and expectations of the City of Buffalo for the demolition of residential structures. We have acquired the necessary liability insurance, met the licensing requirements, and have conducted all business according to City of Buffalo policies for demolitions. The permit fee waivers requested above are similar to those waived by the council for other organizations such as Habitat for Humanity. We're confident that the work of Buffalo ReUse Inc. will not only support the clients in which we work, but also the many communities of Buffalo that struggle with the issues of abandoned and vacant properties. If you have questions or comments regarding this proposal, please feel free to contact me at 716- 949 -0900. REFERRED TO THE COMMITTEE ON FINANCE, COMMISSIONER OF EDPO, COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS AND CORPORATION COUNSEL NO. 40 Board Packet Documents Attached are the following documents from the Joint Schools Construction Board meeting scheduled on April 2, 2007: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated March 5, 2007 3. Fully executed Phase II Application and Certificate for Payment No. 29 - February 2007 4. Phase II Application and Certificate for Payment No. 30 - March 2007 5. Program Packaging and Development Services (PPDS) Provider Update 6. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase II Project - February 2007 RECEIVED AND FILED NO. 41 Proposed Full Environmental Study — RiverWright Ethanol Plant I support a full environmental study. Contrary to what RiverWright Ethanol professes, it is a flammable liquid plant. It is a refinery. It is not like the combination of a brewery and distillery as they maintain. The project affects not only residents of the First Ward but areas within a five - mile radius, which includes other neighborhoods, downtown and the inner and outer harbors. Because we would be located downwind of the plant, odor would be a major problem. River Wright cannot coexist with the revitalization of the inner and outer harbors. Bass Pro would be approximately only a mile away. Contrary to what RiverWright states, it is not returning the grain elevators to what they were intended. As we know, the elevators were built to store grain, not to make flammable liquid. It will not enhance the neighborhood as they say. How could it when it is so detrimental to our health? The plant would be operational 24 hours a day, 7 days a week, 350 days a year. It would produce 110 million gallons of flammable liquid per year. Explosions are a constant threat. When questioned by the Planning Board, Randy Kramer of KL Industries, and a partner with RiverWright, admitted that he had an explosion at one of his plants. RiverWright, at its April 4, 2007 meeting, also admitted it. RiverWright has no evacuation plan. Penn Marr proposed an ethanol plant of similar size in Franklin County, Pennsylvania. Its emergency evacuation plan called for everyone within a 2.5 -mile radius to be evacuated. A 5 -mile radius would require a stay- indoors policy. Insurance companies would not cover damages caused by an ethanol explosion if we were to survive. Property values would decrease. Many pollutants and carcinogens, which are linked to causing cancer, will be released into the air. Residents would also have to contend with noise "24/7 ". Legislation Committee Common Council April 10, 2007 Page 2 It would use 1,612,903 gallons of water per day. Supposedly, 25% would be disposed of through the sewer system and the remaining 75% through evaporation. There is concern that this amount of evaporation could cause excessive moisture in the atmosphere. At least fifty tanker and /or diesel trucks per day would travel through the neighborhood carrying volatile chemicals. Ships would carry corn. At what time of day or night would they arrive? Trains would carry flammable liquid through our and other neighborhoods. RiverWright is zoned only for 150,000 gallons of flammable liquids. It has asked the Zoning Board to allow it to store 2- 350 -000 gallons above ground - a 1 -000% increase. At least three of the storage tanks would measure 50 feet in diameter and 50 feet high. This information was obtained from the Fire Prevention Department at City Hall. There are discrepancies in RiverWright's information. We encountered errors concerning the April 4, 2007 meeting regarding the date and street address. It distributed corrected copies. We then found that the "corrected" copies contained the wrong meeting place. This may sound trivial but many people did not think these were mistakes. From the plan's inception, the figures pertaining to the tanker and /or diesel traffic have been vague or the numbers changed. Initially, the number of trucks was described as "some ", then fifty and now eighteen. I think it depends upon the audience: Common Council or neighborhood. The water usage was described as 1,000,000 gallons per day also from the project's inception. That figure was mentioned at the Common Council's Legislation Committee meeting. Approximately two weeks later, at its First Ward Center meeting, RiverWright quoted the amount as 1,612,903 gallons. Before the Legislation Committee begins to think that that is good for the City, just remember that many of the ethanol plants that fail cannot pay their water bills and the cities are left with thousands of dollars of unpaid bills. At its April 4, 2007 meeting, someone asked about noise. The reply was that noise would be "hard to imagine ". Previously it was always described as a "suburban whisper ". At RiverWright's first meeting in September 2006, it was asked if there was an ethanol plant located near Buffalo and if they were experiencing any problems. They replied that there was a plant in Fulton, New York, and that there were no problems. Our committee found out the next day that the plant won't be completed until sometime in 2008. 1 do not find RiverWright credible. Ethanol plants are mostly located in densely populated areas and not in residential areas and prime waterfront land. The New York Corn Growers Association prepared a report for the New York State Energy Research & Development Authority, which suggested avoiding proximity to residential neighborhoods. It is my understanding that even the best technology cannot prevent hazardous emissions or odor. Legislation Committee Common Council This plant will be one of the largest, if not the largest, in the country. To waive a full environmental study on a job of this magnitude, where peoples' lives and quality of life are at stake is not only dangerous, it is immoral. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 42 Proposed RiverWright Ethanol LLC I respectfully submit my comments regarding RiverWright Ethanol LLC and the disastrous effects it would have not only on our neighborhood, but the entire region. Comments on Proposed RiverWright Ethanol LLC Initially, RiverWright Ethanol LLC announced they would be reusing our historic grain elevators for storing corn. We had no problem with that since that was the elevators original purpose; however, when we found out their real intent was to produce ethanol, we developed a different mindset. Ethanol production is a multifaceted operation. From the processing and storage of incoming raw materials through to the storage and shipment of the final products, many industrial processes come into play. Ethanol production combines aspects of both the grain handling and chemical production industries. Despite producers' claims that they'll use the best available technology and pay the strictest attention to safety procedures, human error and mechanical failure must be taken into account. This would be a constant worry. If the proposed RiverWright were to locate to our neighborhood it would be catastrophic. It isn't limited to our neighborhood, but will have a negative effect on the Waterfront, Downtown, and other neighborhoods since it is downwind. Our committee, Citizens against Environmental Injustice, has researched the environmental and safety effects of ethanol plants across the country and has studied the problems they have unleashed. We have residents in North Buffalo, Orchard Park, and the Town of Tonawanda on our committee since they believe this is not the proper location and care about the region. While we are not against ethanol, we are against these plants locating in residential neighborhoods. Traffic would be another constant (trucks entering and exiting the plant day and night). Noise will be present not only from trucks, but also from ships and trains. The whole scenario would be a nightmare. If an explosion occurred, homeowners would not be covered. RiverWright is an LLC and would not be responsible. Homeowners would not be covered for explosion outside of their residence. Perhaps this is another reason for RiverWright's so- called' —good neighbor" policy. We should also be concerned about terrorism since their fuel is stored aboveground (2,350,000 gallons). Ethanol plants also store ammonia, sulfuric acid, gasoline and ethanol. If this is the case with RiverWright, that intensifies the safety issue. Throughout the country, people are literally fighting for their lives and rightly so. RiverWright, if it were to locate would equate to another Love Canal. Residents would be living with the constant threat of cancer - causing chemicals (carcinogens), fires and explosions. Other ethanol plants that are operating in other areas are releasing carbon monoxide, methanol and carcinogens "many times greater" than they promised as reported by the EPA. RiverWright will be using many chemicals. Acetaldehyde, formaldehyde, and acrolein are listed in their plant report. They are some of the most dangerous chemicals. Previously, ethanol plants were located in the farmlands, away from residential areas as they should be. Lately, a siren has sounded and it has spread to greedy investors to invest in these plants near residential areas, with no concern to citizens' health and safety, or the environment. This can only be regarded as environmental injustice. We should learn from the past mistakes of other ethanol plants that have systematic disregard for the law. I would like to cite as an example of what residents would have to endure. Gopher State Ethanol (St. Paul, —) which I am delighted to report is now defunct. This plant had several lawsuits against them and was fined by the EPA on numerous occasions. Their residents had so much to endure over the years. Two other facilities named in lawsuits were Ethanol 2000 of Bingham Lake, Minnesota, and New Energy Corporation of South Bend, Indiana. They were being sued by the Sierra Club for violation of the Clean Air Act. The EPA has reported in their findings, 95 percent of all ethanol plants in the U.S. are far more dangerous than had been suspected. The American Lung Association in 2004 stated that infants and children age 14 and younger may be especially susceptible to the health effects of ozone and particle pollution, because their lungs are still developing. Children have greater exposure to air pollution because of their faster breathing rates and the amount of time they spend outdoors. No matter what the amount is released, it is on a 24/7 basis, 350 days per year. Odors are another problem. Thermal oxidizers do not remove all hazards from the air. Thermal oxidizers tend to be turned off periodically because they are so expensive to operate. Plants have been fined (minimally) and periodically for this abuse. Gopher State Ethanol installed a $1.2 million thermal oxidizer and it didn't solve the problem. Richard Tobe, Buffalo's present Commissioner of Economic Development, as quoted in the March 20, 2007 edition of The Buffalo News, stated that the 'dormant silos, Concrete Central and Cargill Superior, the grain elevator sites makes sense to us as potential manufacturing locations for bio- diesel, ethanol and other alternative fuels ". What an irresponsible statement. In today's edition of The Buffalo News, April 10, an RFP (Request For Proposal) is listed for these two elevators. Would Mr. Tobe like to see Buffalo turned into a ghost town? Buffalo could be the bad poster child for other cities. If our politicians support RiverWright they will be held responsible for their decisions and will be perceived as bad decision - makers. If on the other hand, they study this issue wisely, and make the correct decision to defeat it, they will be revered for their decision. Residents in Holley and Seneca Falls, New York have defeated ethanol plants from locating. We can do it too. It's not a done deal. I believe that our politicians should defend our stance and follow the path that politicians in other cities have taken, to support their citizenry. If your politicians don't support their constituents, they don't deserve to be re- elected in the future. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 43 City of Buffalo Swimming Pools I recently received a copy of the City Pool inspection reports from tile Erie County Department of Parks and Recreation and I am deeply concerned by what I have read, As I understand the delineation of responsibility for these pools, the City is responsible for any capital expenses. Based on this report, conducted by the County Department of Health, the numerous violations at virtually every City pool means that without immediate significant capital investment no City pool will be in operation this summer. This is an extremely disturbing prospect, and one that I fear could have devastating consequences. Y001 recall that last summer a 13 -year old boy drowned in the Black Rock Channel, possibly as a result of file Centennial Pool in LaSalle Park being closed due to needed repairs— This tragic death highlights the urgent and significant need for restoring these .community assets. I received numerous calls last summer from constituents who were deeply disappointed that this pool remained cloud for the entire summer. I am certain that you understand the value and importance of such a community asset and the great need for seeing them returned. With summer only months away it is imperative that we act now to prevent another tragedy. I respectfully urge you to See that these pool repairs be addressed expediently. I understand the tough fiscal times we ate in and as such would appreciate being provided an estimate of the expense to accomplish this work if it is not currently budgeted. I would appreciate a written response outlining a timeline of when the community can expect this work to be completed and detailing these costs. I would be happy to assist you in identifying and securing both private and public funds to undertake these repairs. Thank you for your attention to this issue. As always, please do not hesitate to contact me about this important matter. I look forward to your reply. REFERRED TO THE COMMITTEE ON FINANCE AND COMMISSIONER OF PUBLIC WORKS NO. 44 SUPPORT NYS ASSEMBLY BILL COMPUTER SEX CRIMES AGAINST CHILDREN "Motion by Councilman Graber, seconded by Councilman Bove, to adopt the attached resolution in support of Bill A -12114 in the New York State Assembly to enact a new law, Article 495, 'Computer Sex Crimes Against Children,' making it a separate crime to use the Internet to commit a sex crime against a child and deem such crime to be subject to a more severe criminal penalty." Ayes: All Noes: None Motion Carried *APPENDICES* Resolution Co- Sponsored by Councilmembers Christina Wleklinski Bove and Vincent J. Graber, Jr. In Support of NYS Assembly Bill (A. 12114) To Enact A New Law (Article 496- Computer Sex Crimes Against Children) Whereas, Many sex offenders utilize computers and the internet to anonymously communicate with children using fictitious identities in order to entice children to meet with them with the ultimate goal of engaging in sex with children, and Whereas, the incidence of this illegal mad immoral crime against our children has increased dramatically, and Whereas, something must be done to protect our children from this type of criminal behavior, and Whereas, State Assemblyman Mark Schroeder, D- Buffalo, has sponsored a bill in the State Assembly A (A. 12144) which would enact a new law (Article 495 - Computer Sex Crimes Against Children) to make it a separate crime to use the interact to commit a sex crime against a child and to deem such crime to be subject of a more severe criminal penalty, and Whereas, this Board feels that this proposed legislation is worthwhile and would add an additional deterl'ent to sex offenders in New York State, Now, Therefore, Be It Resolved, that this Town Board Hereby memorializes the New York State Legislature and Governor to enact Assembly Bill No. 12114 to mandate stricter penalties to those who use the internet to commit sex crimes against children, and Be It Further Resolved, that the Town Clerk be and hereby is authorized and directed to send certified copies of this resolution to Governor Elliott Spitzer, Senator William T. Stachowski and Assemblyman Mark Schroeder and Be It Further Resolved, that the Town Clerk be and hereby is further directed to forward certified copies of this resolution to all municipalities in Erie County. RECEIVED AND FILED NO. 46 INSPECTION OF PROPERTY 439 GOLD I've received your letter and have assigned an inspector to look at the property to assist in a determination as to what can and should be done with the property at 439 Gold Street. I will be on vacation until April 19, but Michele Bernier will be acting in my stead until then. We will take any and all necessary and appropriate steps to prevent any negative impact resulting from the disrepair of this property. Having come to this job from City Hall, I was acutely aware of the growing numbers of derelict properties in the city and the toll those properties take on our neighborhoods. To address that issue, we were able to create a pilot project at HUD that created a formal Memorandum of Understanding between HUD and the City. HUD's role in that MOU was to jointly review suspect HUD property with a city building inspector and come to a determination as to the disposition of the property. If it were deemed unsalvageable, HUD would demolish the property and clear the lot at our expense. The City's role was to buy the cleared lots for one dollar. The project lasted about 20 months during which time HUD demolished some 50 structures at a cost to the agency in excess of $500,000. It ended because the City only took title to four of the cleared lots. As it was explained to me, the City's reluctance was based on the duration of time between taking title and transferring said title to a new owner. I offer that bit of history as an indication of both my commitment to the City and my willingness to get creative in ways we can help our neighborhoods. Thanks for calling my attention to the property. We will take steps to deal with it immediately. If you need to speak to Michele, her number is 551 -5755, ext. 5007. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF ECPDI NO. 46 TIME WARNER GORDON HARP, PRESIDENT, BFLO DIVISION Versus HD To Whom It May Concern: I am writing this letter regarding the broadcasting of the Buffalo Sabres' playoff games. To my understanding these games are going to be broadcast on Versus. I believe that you all have obtained the fights to broadcast Versus HD and it's up to you if you would like to carry it. I am requesting that out of Buffalo Sabres Spirit and support that you all carry Versus HD so Buffalo can cheer on our soon to be cup holders. Thank you in advance for your Buffalo Spirit and cooperation with the City Council. Richard A. Fontana Council Member RECEIVED AND FILED NO. 47 MEMORANDUM HAZARDOUS CONDITION I would like to file the attached information for the next Common Council meeting to be held on April 17, 2007. Dear Mr. Coyle: It was recently brought to my attention that the condition of the Southside Elementary school playground equipment has become hazardous and needs immediate attention. After discussing the replacement of the damaged and hazardous playground equipment with Erie County Parks & Recreation Commissioner Angelo Sedita, I was informed that the playground does not fall under the responsibility of Erie County or the City of Buffalo, rather the Buffalo Board of Education. It is my understanding that there have been children injured due to the declining condition of the playground. In order to provide a safe environment for children utilizing the equipment and prevent any unnecessary injuries from occurring in the future, I respectfully request your immediate attention to resolve this matter. If I can be of further assistance in resolving the situation at hand, please do not hesitate to contact me at my district office at 824 -6180. REFERRED TO THE COMMITTEE ON EDUCATION NO. 48 LORRAINE ELEMENTARY MEMORANDUM I would like to file the attached information for the next Common Council meeting to be held on April 17, 2007. Dear Superintendent Williams: We would like to introduce ourselves as the Belvodere- Choate - Lorraine Block Club. As neighbors to Lorraine Elementary PS #72., our community organization is composed of mostly homeowners who work tirelessly to preserve our quality of life and maintain stable property values. We often embark on beautification efforts and community events requiring further collaboration with groups such as The Buffalo Olmstod Conservancy, The McKinley Parkway Homeowners Association, South Buffalo Chamber of Commerce, and South Buffalo Alive. The B -C -L Block Club enjoys a wonderful rapport with Lorraine Elementary as it is one of the facilities that lie amidst our homes. Our club has worked with the school on several projects in the past. Most recently, our group funded a beautification effort, installing and planting gardens for students and staff to enjoy. Our projects in and around the school reinforces to students the value of being civic - minded and responsible when it comes to the community. The B -C -L members genuinely care about the children of our community and their paths to bright futures. Lorraine Elementary is such an important part of our community here in South Buffalo and we enjoy working with parents and students to keep the school performing and looking its best. We are sure you would agree that aesthetics and the physical functionality of a school play an important part in the performance of students, as well as the community at large. A school's overall structural condition conveys a message of worthiness and potential to the students. Nothing shows students that you care about their education more than providing a healthy, safe, and conducive learning environment. Schools, students and teachers are being held accountable for improved academic performance, but the task is extremely difficult in sub par buildings. Unfortunately, Lorraine Elementary is the only Buffalo Public School in South Buffalo that has been left out of the school reconstruction effort (as Southside Elementary is a more recently built facility). Discovery School PS #67, Hillery Park PS #27, and Houghton Academy PS #6g have all been updated and /or reconstructed, or are on their way to being so. Lorraine Elementary shows severe signs of decay and disrepair that surely has a negative impact on student performance, as well as, our property values. Being built in nearly 100 years ago, we are deeply concerned about the safety and efficiency of the structure. The windows are in deplorable condition, walls in classrooms are crumbling, plumbing is inadequate, the parking lot is riddled with gaping holes, and the fencing is dilapidated and partially crumpled on sidewalks. These are just a few of the most obvious concerns as there are too many to list. The Belvedere- Choate - Lorraine Block Club cannot continue with the goal of maldng aesthetic improvements in and around our neighborhood without careful consideration of the condition of Lorraine Elementary. Our organization and the South Buffalo Community as a whole is are concerned about specific safety issues at the school and would like to do everything we can to help the children receive the tools they need to succeed. This issue was discussed at a recent block club meeting in which Mr. Coyle and Michael Kearns were in attendance and agreed to assist us with the aforementioned situation. In closing, we are writing this correspondence as a letter of intent for Lorraine Elementary to be considered for Phase III reconstruction. In the interim, we are requesting funding approval from the capital budget to begin immediate replacement of windows, tree stump removal, and upgrades to the parking lot and fence. The officers of our club and the officers of the Parent Teacher Organization of Lorraine Elementary would appreciate the opportunity to meat with you at your earliest convenience to discuss this matter further. Our President, Mr. Maito Pratts, will be available at 822 -9308 or 912 -8709 to confirm a day and time that is of convenience. We appreciate your timely consideration in this matter. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION AND THE BOARD OF EDUCATION NO. 49 BOND REQUIREMENTS MEMORANDUM Council Member Kearns I would like to file the attached information for the next Common Council meeting to be held on April 17, 2007. Dear Councilmember Kearns: For over 15 years I have attempted to right what I feel is an extravagant expense for the residents of Buffalo, and a disservice to some small business firms in the area. Present City Ordinances require Bid and Performance Bonds be submitted when the City requests bids for the purchase of equipment /supplies, in excess of $10,000.00. Each bidder is required to submit a Bid Bond or Certified Check in the amount of 10% of his bid with his proposal, and the successful bidder is required to submit a Performance Bond in the amount of 100% of his proposal, prior to being officially awarded the contract. I have brought this matter to the attention of every City Comptroller since 1991, without the courtesy of a reply. I have recently learned that the Common Council, and not the Comptroller, has the authority, and the power to change the present bond requirements. The bond requirements now in effect, read as follows: (C) A bid bond, certified check, bank draft or letter of credit must accompany a bid under $250,000.00. If the total dollar amount of the bid exceeds $250,000.00, then only a bid bond is otherwise, a certified check, bank draft or letter of credit shall be for ten percent (10 %) of the amount bid. Bid bond running to the City of Buffalo to be executed by bidder as principal and by duly incorporated company authorized to guarantee performance of the contract, and to do business in the State of New York, as surety, in the penal amount of not less than ten percent (10 %) of the bid, conditioned that if the bid accompanying the bond shall be accepted, the principal named in such bond will, whenever required, enter into a written contract for the performance of the contract in accordance with conditions as provided in the plans and specifications and will furnish the required security for the faithful performance of the contract as specified, and the penal sum of such bid bond, in the amount of one hundred percent (100 %) shall be and become the minimum amount of the damages suffered by the City as liquidated damages, if the bidder whose bid is accepted shall fail to enter into a contract with the City and give security for the performance of the contract as required, upon notice to him as in said plans and specifications prescribed. The amount of the aforementioned bid bond, certified check, bank draft or letter of credit, shall be based on the total amount of the bid arrived at by the addition of the totals for all groups or units bid upon. Whenever bidder submit proposals for items aggregating less than $10,000.00, no security need accompany the proposal. Each time a bid is advertised, questions arise as to the exact interpretation of the bond ordinance. A bid for the purchase of snow plows was advertised on October 18, 2006, with an opening date of November 1, 2006. The method of tendering proposals reads in part, "amount to be purchased will depend upon price and funds available ", and requested a price "for one (1) snow plow ". At the bid opening, five (5) firms submitted proposals with either a Bid Bond or Certified Check, we were informed that because the way the bid was "specified ", Bid Bonds and /or Certified Checks were not required, as all bids for one (1) snow plow were under $10,000.00. Bidders did not know at that time if the City was going to purchase one (1), two (2), five (5) or ten (10) snow plows. Each of us had to take into consideration, that if the City wished to purchase two (2) or more snow plows, we would have to submit a 100% Performance Bond. Common sense tells you that if a firm was to submit a bid with a Bid Bond, he has to take into consideration the cost of a Performance Bond in case he is the successful bidder. A firm that is "bondable ", obtains a Bid Bond at no cost to him. A Performance Bond is another matter, it costs money. Depending on the bidder's "bonding capability ", the cost for this bond can vary from 3% to over 10% of the total amount of the bid submitted. This cost is never absorbed by the bidder, but included in the bid price submitted. For example: a firm calculates a bid price of $150,00.00 for a garbage truck. Assuming he has a 3% bond cost, he adds $4,500.00 to his $150,000.00 figure for the garbage truck, and submits a bid for $154,500.00 for the equipment. Even if he has a 1 % bond cost, that's an additional $1,500.00 cost to the City, and for what ?. What is the purpose of a Bid Bond? It is like an insurance policy, that the successful low bidder will submit a 100% Performance Bond. What is the Performance Bond? Again, another insurance policy that the successful bidder will enter into a contractual agreement with the City, to deliver the item specified in said contract terms. In over 28 years of doing business exclusively with village, town, city county and state entities, I have never heard of any bidder (for equipment) forfeiting any bond due to non - performance. [NOTE: Contracts for building repairs, construction projects, painting projects, paving, etc. also require bid and performance bonds, and should continue to do so. It is a matter of record that some firms have not fulfilled their contractual obligations] Since 1970, the City has purchased a significant amount of equipment, such as Police vehicles; Fire apparatus; garbage trucks; dump bucks; plows; salt spreaders; front -end loaders; park and recreation equipment, etc. In the last few years a great amount of communication and computer equipment. I conservatively estimate that the City spent via the bid process, more than $50 million in capital funds for the purchase of this equipment. Using a figure of 3% as the cost of performance bonds, the City literally threw away more than $1 million. And for what ?. If the equipment being purchased was not to the City's satisfaction, it would not be accepted until it was, period! It is amazing to me that the City of Buffalo is the only municipality, that I am aware of, that still requires bonds for the purchase of equipment.. We do business exclusively with municipal or governmental agencies, including village, town, city, county and state governments. We sold 80 snow plows to the City of Rochester in 2005, no bonds were required. We recently sold an asphalt recycling machine for over $100,000.00 to the City of Niagara Falls. No bonds required. We have sold equipment to the Cities of; North Tonawanda; Lackawanna, Oswego; Binghamton, etc., again, no bonds required. All the counties in this area, including Erie, do not require bonds. The New York State Thruway Authority, the Niagara Frontier Transportation Authority, and the State of New York, do not require bonds. This firm is able to obtain bonds, but as a Buffalo taxpayer, I resent the City "throwing money out the window ". I would appreciate the opportunity to meet with you for about an hour, at you convenience, in your City Hall office, to provide you with additional information, and to discuss this matter further. If this is agreeable to you, please call me with the date and time and I will be there. Respectfully, SNOWFIGHTING EQUIPMENT & CONSULTANTS OF BUFFALO, INC. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 50 DAMAGE FROM CLEAN UP EFFORTS MEMORANDUM I would like to file the attached information for the next Common Council meeting to be held on April 17, 2007. Dear Councilmember Kearns: Coolidge Road has a center median, or island, from McKinley Parkway to Abbott Road. For many years, this median, as well as those of Harding Road; Culver Road; Ridgewood Road; Tuscarora Road, etc., was maintained by crews from the Cazenovia Park District. In the early 70's, because of long lapses of service, some of our neighbors began cutting the grass, cleaning debris, etc. Gradually, due to cutbacks, the city ceased to do this work, but we continued our efforts. Then the "October Surprise" came. A lot of damage was done by the heavy equipment used during the cleanup efforts. In many places, it is impossible to cut the grass due to the huge ruts in the median. The encircling curbing, because of it deteriorated condition, allows traffic to drive on the median, causing huge ruts. During the warm months, these ruts are filled with stagnant water, causing a dangerous heath hazard to the residents. There are fifty -six (56) houses on Coolidge Road, with one house being tax exempt. The assessed valuation of the 55 homes is approximately SIX (6) MILLION DOLLARS, and the estimated re -sale value of these homes is estimated at approximately TEN (10) MILLION DOLLARS For the total number of houses on Coolidge Road, we probably pay the highest taxes of any street in South Buffalo. Please drive down our street on your way home from City Hall, and you will see for yourself, the sad condition of our street. We ask that you institute the necessary measures to correct this situation, initially, grading, leveling and seeding the centers of the medians. These costs should be covered by FEMA funds received by the city. We ask that the replacement of the curbing, not only of the medians, but of the entire street, be put immediately on the city's priority list, for new curbing (without the metal edges). FOR THE COOLIDGE ROAD ASSOCIATION: REFERRED TO THE COMMISSIONER OF PUBLIC WORKS. PARKS AND STREETS NO. 51 SAFETY HAZARD 1002 ABBOTT MEMORANDUM I would like to file the attached information for the next Common Council meeting to be held on April 17, 2007. Dear Commissioner Tobe: I am writing to notify your Department of a property in the South District that poses a serious safety hazard to pedestrians and young children. The property in question is located at 1002 Abbot Rd. in the City of Buffalo. The owner of record is Majida Agha, whose residence is listed as 1170 Maple Rd. in the City of Williamsville. 1002 Abbot Rd. was previously used as a gas station but is currently being adapted by its current owner for a different type of commercial use requiring the removal of gas pumps and underground storage tanks. As I am sure you are aware, this type of work raises serious environmental concerns. It is my understanding that the owner of this property was granted the necessary permits for this work from your Department during or around November of 2006. The owner began this work, but for some reason it was never completed. Today, the section of this site formerly occupied by gas pumps and underground storage has been replaced by a large, open pit in the ground. As the permits for this work were issued approximately a year and a half ago, I do not understand why this project is taking so long to complete, especially in light of the high profile location of this property, and nature of the work being undertaken. The condition of 1002 Abbott Rd. poses a serious safety hazard to the many pedestrians who utilize the sidewalk on this section of Abbott Rd, especially considering how many of them are young children. The Kiddie Corner Child Care Center occupies the building next door at 1012 Abbott Rd., as well as the property across the street at 1019 Abbott Rd, and there are two primary schools less than Y2 a mile away. The South Buffalo Discovery School (formerly Buffalo Public School #67) is located at 911 Abbott Rd. and Notre Dame Academy (formerly St. Martin of Tours) at 1125 Abbott Rd. Many students walk to and from these schools each day. Considering the curiosity of children, their relative immaturity and inability to fully appreciate risks, I feel that the current conditions at 1002 Abbott Rd. pose a serious threat to their safety in particular, and that of the pedestrians who use this sidewalk in general. In addition to posing a public health hazard, this property is an eye sore on one of South Buffalo's busiest commercial streets. This situation is only exacerbated when the unfinished excavation is considered along with the numerous broken & uncovered windows, peeling paint and general dilapidated condition of the former service station on the site. I am forwarding a copy of this letter to the Mayor and Corporation Counsel along with Susan Honan, the concerned resident who first brought this problem to my attention. Additionally, I will be filing a notice of dangerous condition in regards to this property with the City Clerk. ! would appreciate the opportunity to discuss this situation with you further. I believe that by working together, we can ensure that this dangerous condition is corrected before someone is injured. Sincerely, Michael P. Kearns REFERRED TO THE COMMISSIONER OF PUBLIC WORKS. PARKS AND STREETS AND THE CITY CLERK NO. 52 TRAFFIC HAZARD GATES CIRCLE Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council session to be held on April 17, 2007. Thank you in advance for your assistance in this matter. Dear Mr. LoCurto: I am writing to inform you of a potential and serious traffic hazard in the midst of your legislative area. The rotary (traffic circle) at Gates Circle has been a long term problem for vehicles entering and exiting the circle. Approximately three years ago I made then Councilman Marc Coppola aware of this issue when I came upon a large SUV that we flipped onto its roof by a small car the hit the SUV broadside going south on Delaware into the circle. This happened around Thanksgiving time when the traffic was very mild. In the early morning rush, a person takes his or her life in their hands. Stand there some morning at 8am and watch for about 30 minutes and you will see what I mean. The major part of the problem is that vehicles entering the circle from either north or south on Delaware to not give way to vehicles in the circle who want to exit the circle onto Lafayette St or Chapin Parkway. This is especially dangerous if you enter the circle from the south and want to exit onto Chapin Parkway going north. Just today (Tuesday, Jan. 2nd) I was on my way back from work. I entered the circle from Delaware Ave turning onto Chapin Parkway. I always enter the circle with my directional on that I will be turning off to let the traffic coming from Delaware Ave -north that I will be turning off. I always slow down some because I have had at least 4 near collisions already in this circle. Today a metro bus and another small car ran through the yield sign going south into the circle. The smaller car narrowly missed the rear end of my car and the bus would have hit me directly broad side of my car, the driver stopped about 10 feet from my side door. He stopped the bus as I angrily pointed to the "YIELD" sign that he just blew through. The compact car just kept going through the rotary, the bus driver just looked at me. Actually most drivers give you a gesture (you know what I mean) that the person in the rotary is in the wrong. I had repeatedly asked Councilman Marc Coppola to have signs that read something like "Vehicles in rotary have right of way" These signs are used all over the place in Cape Cod where they have many rotaries. Councilman Coppola had said the plan was to install the grassy medians to help slow down some of the traffic and so that vehicles did not drive into the huge fountain. It did help slow down some traffic but no one obeys the yield sign nor any traffic that is already in the rotary. Safety Hazard, People here just don't know the rules of the road when it comes to driving in a rotary. This is such a simple fix. I am sure I can get some pictures of the signage they use in Cape Cod. I have copied Chief Donna Berry, and the Law Dept. so they are on notice of this potential problem. Buffalo has quite a few rotaries that this would help everywhere. Thanks for your help. Bill Sunderlin President - Bryant, Oakland, Summer St. Assoc. REFERRED TO THE COMMISSIONER OF PUBLIC WORKS NO. 53 NORMAN BENNETT COMPLAINT ( #52 G.O.P. MARCH 20, 2007) TIME WARNER CABLE Dear Mr. Jaskula: I am writing in response to your letter to Chad Hume concerning Mr. Bennett's complaint with Time Warner Cable. Mr. Bennett filed an informal complaint with our Office of Consumer Services on March 20, 2007. It is our understanding that on March 27, 2007 Time Warner Cable removed the equipment from Mr. Bennett's home, as was requested. Although he expressed continued dissatisfaction with the company, he has not followed up his complaint with Consumer Services staff. Should he wish to pursue this matter further, our Office will respond accordingly. If you need any further information at this time, please feel free to contact me at (518) 474 -2213. RECEIVED AND FILED NO. 54 CONCERNS 294 LOUISIANA STREET It is my intention to make the City of Buffalo aware that the parcel at 294 Louisiana Street (former Precinct #7) has attached to it a part of Father Conway Park that was being used as a K -9 training facility when the precinct was operational. Please be aware that if294 Louisiana Street is to be sold, the area that is parkland should revert to Father Conway Park as was agreed when the area was taken for impound and used then as a training facility and should not be sold with the police station building. Furthermore, the entire area is in disrepair, the grass is not cut in the summer, to dog houses are falling down and the fencing is a liability to the city. Sincerely, Margaret Overdorf Executive Director Cc: Councilman David Franczyk REFERRED TO THE CO —ITTEE ON COMMUNITY DEVELOPMENT AND THE COMM$SSIONER OF EDPI NO. 55 SHOPPING CARTS AND PANHANDLERS To whom it may concern A fee is not a good idea. I think an incentive to bring shopping carts back by individual low income people would be a better idea. Ask some of the stores if they would utilize a service like Aldi's. I did not think our city spend a ton of money on retrieving shopping carts once in awhile? Besides individuals like poor mothers can not carry large amounts of groceries, the use of carts is essential for them. A fee would only hurt the store owner and the individuals that need the help. As far as panhandlers are concerned we need to raise minimum wage so that the people that do work for minimum wage don't have to panhandle to make ends meet. If you go to any soup kitchen in Buffalo a majority of those people work! It is a sign of these times and a bigger issue in our country that is trickling down to us. These are band aid solutions to a much bigger problem. Exercise your brain! Try Flexicon. RECEIVED AND FILED NO. 66 ASSIGNMENT OF EDUCATION STAFF Dear Superintendent Williams: Thank you for the team of representatives you provided at our last Education Committee meeting. I was impressed with the professionalism and the information they were readily able to supply to the Councilmembers regarding our agenda. I am aware that you were unable to attend due to the rigorous responsibilities as the Superintendent and the constant challenge to meet the demand of invitations to countless meetings and events. Diane Collier and Eric Jay Rosser were extremely helpful and were able to address many of the topics that were raised. I am kindly requesting if you would assign them to any and all future Education Committee Meetings. The Education Committee meets regularly just once a month, however, it is significant that there be input from the Board of Education at these meetings. Our next Education meeting is scheduled for April 25 at 1:00 pm in Council Chambers on the 13 floor. Your anticipated cooperation is genuinely appreciated. Please contact Karen Privateer or Milly /Castro in Council Staff at 851 -5158 regarding the feasibility of this request. RECEIVED AND FILED NO. 67 P. WOLF- NEGATIVE DECLARATION - COLVIN ESTATES SUBDIVISION NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NOW SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the Environmental Conservation Law (SEAR- New York State Environmental Quality Review Act) Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 AS per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Colvin Estates Subdivision Location: 529 Colvin Avenue, Former property of Delaware, Lackawanna, & Western Railroad, between Colvin & Starin Avenues. Legal Description: Beginning at a point at the southeast corner of St. Lawrence Avenue and Colvin Avenue, Thence in a southerly direction 119.86' along the eastern line of Colvin Avenue to a point of beginning, thence in an eastern direction 3,9285 along the northern property line of the former land of the Delaware, Lackawanna and Western Railroad to a point on the western line of Starin Avenue thence in a southerly direction 233' along the western line of Starin Avenue to a point, thence in an eastern direction 3,938.29' along the southern line of the former lands of the Delaware Lackawanna and Western Railroad to a point on the eastern line of Colvin avenue, thence in a northerly direction 277.92' along the eastern line of Colvin Avenue to the point of beginning. Said parcel being 23.07 + / -. Buffalo, New York. Type of Action: Unlisted- Uncoordinated Description: David Gordon, Gordon Companies Inc.has proposed the construction of single family market rate homes to the property known as Colvin Estates, 529 Colvin Buffalo New York (See legal description above). The proposed project will include upscale homes complimentary to the existing homes in this North Buffalo Community. The project consists of the development of a 132- lot sub - division. Gordon Companies are proposing the removal of the abandoned railroad embankment to facilitate the construction of a new asphalt street with concrete curb and new landscaping. There will be a separate storm and sanitary sewer and waterline with connections at Colvin and at Starin Avenue. All lots will be serviced by all utilities including gas, electric, and telephone service. The proposed homes will be either one story or two stories with garages, porches and rear decks. The developer is also proposing to construct a bike path along the northern border of this development (thirty ft .width reserved). Decorative stonewalls are being proposed at the entrances. A landing area for pedestrians and bicyclists will be provided at both the intersection of Colvin Boulevard and Starin Avenue The total cost of the project is approximately 32,000,000 dollars of private Investment. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not constitute an action that would have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The negative impacts identified are primarily due to site preparation, construction and landscaping activities, which will generate increased vehicle emissions, fugitive dust, increased noise levels, and traffic disruption. These are short -term impacts only that will have a minor effect on the environment, and are not significant in magnitude or effect. City codes and proper construction practices will mitigate these potential impacts. The project site is not contiguous to any building, site or historic district listed on the State or National Register of Historic Places. The project site does not contain any species of plant or animal life that is identified as threatened or endangered nor arc their any naturally occurring cliffs, dunes or other geological formations. There are not any lakes, rivers or wetlands located on this site. Some neighborhood residents use this area for dog walking and wildlife watching however it is currently listed as private property. This site is not located in or contiguous to an agricultural district or a critical environmental area. As per the project engineer, there are approximately 100,000 cubic yards of rock and or earth to be removed from this site. This project is not located in a one hundred year flood area. Any waste generated by this project will be properly disposed of in an approved solid waste disposal facility. All new traffic patterns will be approved by the City of Buffalo Department of Public Works. The existing road network is sufficient to handle any new traffic created by this subdivision. Community services such as fire, police, education, and recreation services will not be impacted by this developments as it is sufficient to handle servicing an additional 132 single family units. The proposed project will: provide new housing for prospective area homeowners; encourage the reinvestment and redevelopment of existing properties for new residential and other compatible mixed -use development in the area; prevent the establishment of incompatible land uses; help to stabilize and revitalize the neighborhood; insure the orderly development of the project area; eliminate blighting influences, environmental hazards and deficiencies; will generate tax revenues for the City; will create new short - term job opportunities for area residents; and promote pedestrian activity through the appropriate design of a public bikeway and walkways. The project site is not contiguous to any building, site, or historic district listed on the State or National Register of Historic Places. There are no species of plant or animal life that is identified as threatened or endangered nor are their any naturally occurring cliffs, dunes or other geological formations in the project area. This site is not located in or contiguous to a critical environmental area as identified by the New York State Department of Environmental Conservation. Any new traffic patterns will be approved by the City of Buffalo Department of Public Works. The existing road network is sufficient to handle any new traffic created by this subdivision. The project will not create a hazard to human health. Studies of subsurface conditions at the site indicate that the soil contains contaminants as a result of the past use of the site as a major railroad line. The project site will be treated in the following manor: approximately one hundred thousand cubic yards of rock and fill comprised of the existing railroad embankments will be removed down to virgin soil; confirmatory soil samples of the remaining original soil will be analyzed after all embankment material is removed; all material to be removed will be used at Department of Environmental Conservation approved sites for a "beneficial use ", such as under roads and parking lots; all new material to be used for backfill and topsoil on the site will be obtained from New York State Department of Transportation and Department of Environmental Conservation approved sources; a closeout report will be provided to the City of Buffalo by the developer. The potential impacts generated by the project appear, on the whole, to be beneficial and not significant in magnitude or effect, and will not, either individually or cumulatively, have a significant adverse effect on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hali, Buffalo New York 14202 - 716 851 -5085 Dated: January 16, 2006 RECEIVED AND FILED NO. 58 IN RE: ETHANOL PLANT AND THE RIVER WRIGHT PROJECT Dear Council President Franczyk, Recently, I have had the opportunity to talk with Rick Smith and Greg Stevens about their endeavors on the Buffalo River and Ganson Street per se. After reviewing a plethora of statements and data presented at the Old First Ward Community Center on Wednesday, April 4, 2007, 1 have objectively decided to be a proponent of the Ethanol Plan in Buffalo's Old First Ward Industrial Community. This decision has taken me months to think about, as I did not want to render a quick decision, due to the complexities of this matter: potential life safety issues, environmental impact on our local neighborhoods, ecology concerns, and commercial trucking traffic flows. After listening to the pros and cons said at Wednesday's meeting, I personally concluded that the management of River Wright is not engaged in any duplicities, but rather information gathering that could and will benefit all sides via ameliorating all concerns that are of current and future impact. For example, River Wright has a solid safety plan for trucking in and out all materials on Ohio Street and the 190 Thruway. A chemical expert also spoke on heating carcinogens that are nominally involved in this style of ethanol processing, and as a whole, the process of detoxification of heating them. Furthermore, their projected water waste via steam (75 %) and sewer utilization (25 %) are not harmful to the neighborhood, or the city's sewer system current capacity. With this said, there are already more dangerous plants in the neighborhood, that under rare circumstances, could pose a theoretical explosion, but with New York State's Department of Environmental Conservation (Steve Doleski) and other New York State assigned agents, I feel that our air and other life safety issues will be resolved before operations begin. Additionally, River Wright is spending millions of dollars to ensure to the best of their ability, our air quality in the surrounding neighborhoods. It is self evident to me that Rick Smith, and his professional team /partners, involved and engaged in this venture, are addressing the proper procedures in this matter. I do not say this lightly, due to the fact that if am incorrect, I will loose my health, my customers, and finally my business, due to my erroneous or illogical thinking. Remember, it is often said in the Old First Ward of Buffalo, that the three generation of the Smith family have always opened their doors to those in need in the neighborhood. Just ask either the First Ward Community Center or the Valley Community Association for objective advice on the reputation of the businessman leading this venture. Finally, I am not going to presume any expertise on making political statements on jobs, economic development, or public policies. I leave those decisions to our local and regional elected officials to oversee. However, as a small business owner of McCarthy's Pub, I only ask for your ear on this matter, and I trust that you will make the best objective decisions that benefit our rebounding community in general, and our region as a whole. Sincerely yours, Mr. Gerhardt Yaskow, Proprietor of McCarthy's Pub RECEIVED AND FILED NO. 59 E. HOGLE, OWNER, USE 191 ALLEN FOR A TAKE OUT RESTAURANT (ELL) (HRG 4/24) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 60 M. RISMAN, AGENT, USE 45 FEDERAL AVENUE FOR A EMPLOYEE PARKING LOT (HRG 4/24) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 61 R. PEDERSEN, AGENT, REQ ZONING CHANGE TO CREATE A RESIDENTIAL OVERLAY PARKING DISTRICT ON WEST UTICA ST BETWEEN ELMWOOD AND ATLANTIC AVENUES OTRG 4/24) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD AND ECDPI NO. 62 M. BEAM, AGENT, USE 2543 DELAWARE- NON - ILLUMINATED GROUND SIGN (DEL) (PHONE #361 -8225) NO PUB HRG REQ The attached is for Common Council Approval; but per Permits, no public hearing is required. REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD. NO. 63 INSTALL 3 WAY STOP /GERMANIA & BARAGA ST MEMORANDUM I would like to file the attached information for the next Common Council meeting to be held on April 17, 2007. REFERRED TO THE COMMISSIONER OF PUBLIC WORKS PARKS AND STREETS REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 64 APPOINTMENT WATER SERVICE INSPECTOR (ITEM NO. 27, C.C.P., APR. 3, 2007) That the appointment of Philip J. Mazzone, as a Water Service Inspector effective April 2, 2007 be, and hereby is approved. PASSED AYES - 9 NOES -0 NO. 65 APPTS DETECTIVE (MAX)(POL) (CCP #28, APR 3) That the Above item be the same and is hereby Received and Filed. ADOPTED NO. 66 NOTICES OF APPOINTMENTS TEMP /PROV /PERM(C. CLK) (CCP #46, APR 3) That the Above item be the same and is hereby Received and Filed. ADOPTED FINANCE (BRIAN C. DAVIS, CHAIRMAN) NO. 67 P. WOLF - DESMAN ASSOC- SUMMARY OF PKG NEEDS ASSESSMENT(PKG BD) (CCP# 7, APR 3) That the Above item be the same and is hereby Received and Filed. ADOPTED NO. 68 245 NORTH STREET LLC - PILOT AGREEMENT (ITEM NO. 10 C.C.P., APR. 3, 2007) That the Mayor be, and he hereby is authorized to execute the PILOT agreement between the City of Buffalo, the County of Erie, North Street Housing Development Fund Corp., and 245 North Street LLC. PASSED AYES -9. NOES -0. NO. 69 LEASE OF BFLO GEN HOSPITAL RAMP (ECPI) (CCP# 48 JULY 25) That the Above item be the same and is hereby Received and Filed. ADOPTED NO. 70 AMENDMENT - SECTION 133 -12 OF ORD -LEASE BFLO GEN HOSPITAL PKG RAMP (COP# 175,7/25) That the above item be and the same hereby is received and filed. ADOPTED. NO. 71 P. WOLF - DESMON ASSOCIATES SUMMARY OF PARKING NEEDS ASSESSMENT (CCP# 46 DEC 26) That the Above item be the same and is hereby Received and Filed. ADOPTED NO. 72 B. DAVIS -NATL. FUEL RAISING NEW YORK DELIVERY SERVICE CHARGES (CCP# 33 FEB 6) That the Above item be the same and is hereby Received and Filed. ADOPTED NO. 73 DRUG ASSET FORFEITURE ANN CERT RPT & AUDIT FOR FY ENDING 6/30/06(POL) (CCP# 21 DEC 26) That the Above item be the same and is hereby Received and Filed. ADOPTED NO. 74 EXPLORE USING PART OF CITY'S SURPLUS FOR RESIDENTIAL DEMOLITIONS (CCP# 95 DEC 26) That the Above item be the same and is hereby Received and Filed. ADOPTED NO. 75 USING SURPLUS FOR RESIDENTIAL DEMOLITIONS ( COMPT) (CCP# 12 MAR 20) That the Above item be the same and is hereby Received and Filed. ADOPTED NO. 76 REQ COB COMPT TO DIVEST CITY OF INVESTMENTS IN COMPANIES THAT DIRECTLY OR INDIRECTLE INVEST IN THE SUDANESE GOVT AND ARE COMPLICIT /SUPP DARFUR GENOCIDE (CCP# 98 FEB 20) That the Above item be the same and is hereby Received and Filed. ADOPTED LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 77 M. LUNA, PETITION TO USE 465 A/K /A 469 NIAGARA STREET - TAKE -OUT RESTAURANT (ITEM NO. 63, C.C.P., APR. 3, 2007) That after the public hearing before the Committee on Legislation on April 10, 2007, the petition of M. Luna, agent, for permission to use 465 a /k/a 469 Niagara Street for a take -out restaurant be, and hereby is approved. PASSED. AYES -9. NOES -0. NO. 78 J. GOETZ - USE 244 ALLEN - OUTDOOR CAFE (ITEM NO. 64 C.C.P., APR. 3, 2007) That after the public hearing before the Committee on Legislation on April 10, 2007September 9, 2006, the petition of J. Goetz, owner, for permission to use 244 Allen Street for an outdoor cafe be, and hereby is approved with the following conditions: 1. No outside trash receptacles be permitted on the outdoor cafe. 2. Patio must close by 11:00 p.m. 3. A 4ft vertical sidewalk clearance on Allen & College Streets must be provided. PASSED W /CONDITIONS. AYES -9. NOES -0. NO. 79 PEOPLE INC, AGENT, USE 2747 MAIN ST- HSF(MASTEN)(NO PUB HRG REQ) (CCP# 65,4/3) That the above item be and the same hereby is received and filed. ADOPTED. NO. 80 PEOPLE INC, AGENT, USE 24 INDIAN CHURCH - HSF(SOUTH)(NO PUB HRG REQ) (CCP# 66, 4/3) That the Above item be the same and is hereby Received and Filed. ADOPTED NO. 81 D. ZAPFEL„ AGENT, USE 2515 BAILEY - HSF(LOVEJOY)(NO PUB HRG REQ) (CCP# 67, 4/3) That the Above item be the same and is hereby Received and Filed. ADOPTED NO. 82 W. SUNDERLIN, PETITION TO USE 226 BRYANT - GROUND SIGN (ITEM NO. 68, C.C.P., APR. 3, 2007) That the petition of W. Sunderlin, agent, for permission to use 226 Bryant Street for a 12" x 18" on a metal pole 4.5' above grade sign be, and hereby is approved contingent on a variance granted by the Zoning Board of Appeals. PASSED. AYES -9. NOES -0. NO. 83 W. SUNDERLIN, PETITION TO USE 173 SUMMER- GROUND SIGN (ITEM NO. 69, C.C.P., APR. 3, 2007) That the petition of W. Sunderlin, agent, for permission to use 173 Summer Street for a 12" x 18" on a metal pole 4.5' above grade sign be, and hereby is approved contingent on a variance granted by the Zoning Board of Appeals. PASSED. AYES -9. NOES -0. NO. 84 ORDINANCE AMENDMENT - CHAPTER 317 - AGGRESSIVE PANHANDLING (ITEM NO. 131, C.C.P., APR.3, 2007) That after the heating before the Committee on Legislation on April 10, 2007, the Ordinance Amendment as contained in Item No. 131, C.C.P., April 3, 2007, be and the same hereby is approved. PASSED. AYES -9. NOES -0. NO 85 REAPPOINTMENT - MEMBER TO THE BUFFALO WATER BOARD (ITEM NO. 4, C.C.P., APR. 3, 2007) That the reappointment of Donna Estrich, residing at 31 Ashland Avenue, as a member of the Buffalo Water Board for a term commencing immediately and expiring December 31, 2007 be, and hereby is approved. PASSED AYES -9. NOES -0. NO. 86 FOOD STORE LICENSE -380 CONNECTICUT (ITEM NO. 33, C.C.P., MAR. 20, 2007) (ITEM NO. 100, C.C.P., APR. 3, 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 Food Store License to Harshidaben Patel located at 380 Connecticut Street, 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 -9. NOES -0. NO. 87 USED CAR DEALER LICENSE —1073 NIAGARA ST. (ITEM NO. 20, C.C.P., FEB. 6, 2007) (ITEM NO. 105, C.C.P., APR. 3, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the above item be and the same hereby is recommitted to the Committee on Legislation. ADOPTED. NO. 88 K. OLSON, PETITION TO USE 1860 SENECA - BAR (ITEM NO. 71, C.C.P., MAR. 20, 2007) That after the public hearing before the Committee on Legislation on March 27, 2007, the petition of K. Olson, owner, for permission to use 1860 Seneca Street for a bar be, and hereby is approved. PASSED. AYES -9. NOES -0. NO. 89 USE PERMIT REQUIRED FOR HUMAN SERVICES FACILITIES (CCP# 165, 7/25) That the Above item be the same and is hereby Received and Filed. ADOPTED NO. 90 FORECLOSURE NOTIFICATION (STRAT PLAN) ( #8, 3/06 That the above item be and the same hereby is recommitted to the Committee on Community Development. ADOPTED. NO. 91 FORECLOSURE NOTIFICATION (ASSESS /TAX) (21,3/06 That the above item be and the same hereby is recommitted to the Committee on Community Development. ADOPTED. NO. 92 S. BAUM- COMMENTS - FORECLOSURE NOTIFICATION 64,3/06 That the above item be and the same hereby is referred to the Committee on Community Development. ADOPTED NO. 93 N. BUSCAGLIA -M &T BANK - FORECLOSURE NOTIFICATION 66,3/06 That the above item be and the same hereby is referred to the Committee on Community Development. ADOPTED NO. 94 FORECLOSURE NOTIFICATION (94,02/20) That the above item be and the same hereby is referred to the Committee on Community Development. ADOPTED NO. 95 REQ FOR LAW DEPT TO INVESTIGATE SUING OUT OF STATE GUN SHOPS & DEALERS (CCP# 116, 12/12 ) That the Above item be the same and is hereby Received and Filed. ADOPTED NO. 96 PANHANDLING ON CITY STREETS AND ROADWAYS (ITEM NO. 94, C.C.P., JAN. 23, 2007) That the Corporation Council draft an ordinance for Panhandling on City streets and roadways. ADOPTED NO. 97 USED CAR DEALER LICENSE - 490 SENECA (ITEM NO. 42, C.C.P., MAR. 6, 2007) That the above item is hereby denied DENY COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRMAN) NO. 98 AMEND LAND DISPOSITION AGREEMENT WITH REVITALIZING URBAN NEIGHBORHOODS - 830 SYCAMORE AND 182 WILSON STS ITEM NO 125 CCP 04/03/2007 That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That after a public hearing on April 17, 2007, the Common Council does hereby approve the terms contained in the attached Amended Land Disposition Agreement for the properties 830 and 836 Sycamore and 182 Wilson Streets. PASSED AYES — 8 NOES — 1 AYES — BONIFACIO, FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RUSSELL AND SMITH NOES - DAVIS NO. 99 AMEND LAND DISPOSITION AGREEMENT 1106 GENESEE, 836 SYCAMORE AND 182 WILSON APPROVAL OF AMENDMENT TO CONTRACT FOR SALE OF LAND, 830 AND 836 SYCAMORE AND 182 WILSON STREETS — RECONVEY 1106 GENESEE ITEM NO 8 CCP 04/03/2007 That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That after a public hearing on April 17, 2007, the Buffalo Urban Renewal Agency duly designated Revitalizing Urban Neighborhoods, Inc (RUN Buffalo) as the Redeveloper. That the Common Council authorize the Buffalo Urban Renewal Agency to approve the Amended Land Disposition Agreement on Sept 19, 2006 for the properties at 1106 Genesee, 836 Sycamore and 182 Wilson Streets PASSED AYES — 8 NOES — 1 AYES — BONIFACIO, FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RUSSELL AND SMITH NOES - DAVIS NO. 100 REVITALIZING URBAN NEIGHBORHOODS, INC — WAIVING FEES 830 & 836 SYCAMORE AND 182 WILSON STREETS ITEM NO 127 CCP 04/03/2007 That the above item be and the same is hereby is returned to the Common Council without recommendation. Mr Golombek moved That the Common Council approves waiving the asbestos removal and demolition permit fees foe 830 and 836 Sycamore and 182 Wilson Streets PASSED AYES 7- NOES 2 AYES — FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RUSSELL AND SMITH NOES — BONIFACIO AND DAVIS NO 101 REVITALIZING URBAN NEIGHBORHOODS, INC — WAIVING PERFORMANCE BOND 830 STREET ITEM NO 128 CCP 04/03/2007 That the Common Council approves waiving the performance bond for the demolition of 830 Sycamore St PASSED AYES — 9 NOES 0 No. 102 EMPIRE STATE DEV. NEWS "ECHDC" SIGNS AGREE FOR INNER HARBOR PLAN (CP) (21,04/03) That the above item be and the same hereby is referred to the Special Committee on Waterfront Development. ADOPTED NO. 103 EST AN AMPHITHEATRE ON THE OUTER HARBOR (EXC 1 RES) (137,4/3) That the above item be and the same hereby is referred to the Special Committee on Waterfront Development. ADOPTED NO. 104 TRANSFERRING OUTER HARBOR LAND TO THE CITY OF BUFFALO (EXC 1 RES) (CCP# 132, 4/3) That the above item be and the same hereby is referred to the Special Committee on Waterfront Development. ADOPTED NO. 105 M. KEARNS -J &R SMITH -REQ PURCHASE NEIGHBORING PROP(# 47,2/20) (CCP# 91, 4/3) That the Above item be the same and is hereby Received and Filed. ADOPTED NO. 106 PRATT - WILLERT REVITALIZATION URBAN RENEWAL PLAN AMENDMENT (hRG. 4/17) (ccp# - 3/20/07) That the above item be and the same is returned to the Common Council without recommendation. RECOMMENDED BY THE COMMITTEE ON COMMUNITYDEVELOPMENT. A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mr. Bonifacio, seconded by Mr. Fontana the item is properly before the Common Council, and the hearing is opened. CARRIED Appearances- Bill Grillo, Strat Plan Brian Davis Ellicott District Councilmember Mr. Bonifacio now moved that the hearing be closed. Seconded by Mr. LoCurto CARRIED Mr. Bonifacio moved That the City Planning Board, certify our unqualified approval of the Pratt - Willert Revitalization Urban Renewal Plan amendment as defined in Subdivision 3 of Section 502, Article 15 of the New York State Municipal Law; and That the Director of the Office of Strategic Planning is directed and has authorized the amendment to the Pratt - Willert Revitalization Urban Renewal Plan for the long -term, comprehensive redevelopment of the designated parcels with in the approved areas. PASSED AYES - 9 NOES -0 NO. 107 M. KEARNS -J &R SMITH -REQ PURCHASE NEIGHBORING PROP (CCP# 38 3/20) That the Above item be the same and is hereby Received and Filed. ADOPTED BUDGET COMMITTEE (DOMINIC J. BONIFACIO JR., CHAIRMAN) NO. 108 BFLO FISCAL STABILITY AUTHORITY -REQ FOR STATE EFFICIENCY GRANT MONIES (CP) (CCP #9,3/20) That the above item be and the same hereby is received and filed. ADOPTED. NO. 109 D. BONIFACIO- MAYOR'S PRESS RELEASE COB 2008 FED FNDG REQS (CCP #54,3/20) That the above item be and the same hereby is received and filed. ADOPTED. NO. 110 BFSA WAGE AND HIRING FREEZE LEGISLATION (ITEM NO. 61, C.C.P., APR.3, 2007) That the Common Council is in support of Senate Bill Number $3824. 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. ADOPTED NO. 111 TRANSFER OF FUNDS - GENERAL CITY - DEBT SERVICE - PERMITS AND INSPECTIONS - CAPITAL OUTLAY (ITEM NO. 123, C.C.P., APR. 3, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Bonifacio moved: That the Comptroller be, and he hereby is authorized to transfer from Debt Service to Permits and Inspections Capital Outlay in the amount of $1,465,915. PASSED AYES - 9 NOES -0 NO. 112 TRANSFER OF FUNDS - FRINGE BENEFITS - LAW (ITEM NO. 124, C.C.P., APR. 3, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Bonifacio moved: That the above item be recommitted to the Special Committee on Budget ADOPTED NO. 113 SECOND QUARTER GAP (COMPT) (CCP #20,3/6) That the above item be and the same hereby is received and filed. ADOPTED. NO. 114 SUPPORT OR MAYOR S EFFICIENCY INCENTIVE FUNDING APPLICATION (ITEM NO. 138, C.C.P., APR.3, 2007) That the Common Council supports the Mayor's request for $10 million in Efficiency Grant funding to the Buffalo Fiscal Stability Authority for the items as listed in the above communication. ADOPTED NO. 115 2006 -07 SECOND QUARTER GAP SHEETS - 2/1/07 (AFUA) (CCP #26,2/26) That the above item be and the same hereby is received and filed. ADOPTED. NO. 116 LOCAL #264 ARBITRAITOR'S OPINION & AWARD JUDGEMENT( #88,7/25) (CCP #85,11/28) That the above item be and the same hereby is received and filed. ADOPTED. NO. 117 USE THE INNOVATIVE "SEGWAY" HUMAN TRANSPORTER" BY COB (EXEC FIN RES)( #182,7/25) That the above item be and the same hereby is received and filed. ADOPTED. NO. 118 RESUME CITY OF BUFFALO ADJUDICATION OF TRAFFIC VIOLATIONS (ITEM NO. 102, C.C.P., DEC. 26, 2006) That the Common Council requests the Corporation Counsel to outline the steps necessary to end the 1973 decision to have the New York State Unified Court System handle motor vehicle traffic offenses that occur within the City of Buffalo and allow the City to adjudicate its own traffic violations; and ADOPTED N *IQ ItI)tIIQ0 NO. 119 By: Mr. Bonifacio SHARED BORDER MANAGEMENT MUST BE HANDLED BY U.S. & CANADIAN GOVERNMENTS Whereas: On December 17, 2004, the federal governments of Canada and the United States announced the commitment to move forward with a land pre - clearance pilot at the Peace Bridge to advance the dual objectives of security and facilitation; and Whereas: Under the agreement between the United States and the Canadian governments, it was determined that there would be two pilot sites for the plan at the Peace Bridge and Alexandria Bay; and Whereas: The pilot at the Peace Bridge will involve the re- location of all U.S. primary and secondary border operations for both commercial and passenger traffic from Buffalo to Fort. Erie, and in Alexandria Bay, Canadian border functions will be moved to the Watertown side of the border; and Whereas: In the last few months through dialogue facilitated by Senator Charles Schumer and Representative Louise Slaughter, Canadian and United States officials have successfully resolved issues relating to arming border guards, cooperative policing, information gathering and collecting, and arrest procedures, indicating that Shared Border Management is a potential possibility; and Whereas: The Shared Border Management plan will serve as a model for moving people and commerce securely across the U.S.- Canadian border, it is imperative that all future decisions regarding Shared Border Management be handled by the respective governments of the United States and Canada; and Now, Therefore Be It Resolved: That the Common Council supports the concept that Shared Border Management must be handled solely by the respective governments of the United States and Canada; and Be It Further Resolved: That certified copies of this resolution be sent to the New York State Federal Delegation, the Western New York State Delegation, City of Buffalo Mayor Byron W. Brown, Town of Fort Erie Mayor Doug Martin, the Fort Erie Town Council, and the Public Bridge Authority. ADOPTED NO. 120 By: Mr. Bonifacio, Jr. COUNCIL SUPPORT OF NYS ASSEMBLY BILL-- A03202 Whereas: Many sex offenders utilize computers and the internet to anonymously communicate with children using fictitious identities in order to entice children to meet with them with the ultimate goal of engaging in sex with children; and Whereas: The incidences of this illegal and immoral crime against children has increased dramatically; and Whereas: In an effort to protect children from this type of criminal behavior, State Assemblyman Mark Schroeder, D- Buffalo, has sponsored a bill in the State Assembly, A03202, which would enact a new Penal Law -- Article 495 - Computer Sex Crimes Against Children; and Whereas: The proposed new law, Article 495, would make it a separate crime to use the internet to commit a sex crime against a child and to deem such crime to be subject to a more severe criminal penalty; and Whereas: At the Town of West Seneca Board Meeting of March 26, 2007, the Members adopted a resolution declaring their support for the proposed legislation -- feeling it is worthwhile and would add an additional deterrent to sex offenders in New York State; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo does hereby offer its support of the proposed New York State Assembly Bill A03202, Article 495 - Computer Sex Crimes Against Children; and Now, Therefore, Be It Further Resolved: That the Common Council of the City of Buffalo does hereby join the Town of West Seneca Board Members in memorializing the New York State Legislature and Governor to enact Assembly Bill No. A03202 to mandate stricter penalties to those who use the internet to commit sex crimes against children; and Now, Therefore, Be It Finally Resolved: The Common Council of the City of Buffalo does hereby direct that certified copies of this resolution be sent to Governor Eliot Spitzer and the Western York State Delegation. ADOPTED. NO. 121 SPONSOR: MR. BONIFACIO HOME RULE MESSAGE SENATE BILL #3824 - "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." Whereas: A bill has been introduced in the New York State Senate #3824, Sponsored by Senator Antoine M. Thompson to amend the public authorities law, in relation to placing restrictions on the Buffalo Fiscal Stability Authority's (BFSA)ability to impose a wage and /or hiring freeze; and Whereas: The 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; and Whereas: Section 1 of the bill specifies that the BFSA 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; and Whereas: The City of Buffalo has a much improved financial situation compared with four years ago. The City's fund balance has increased steadily and Moody's Investors Service has raised its credit rating. Now Therefore Be It Resolved: That the Common Council of the City of Buffalo hereby goes on record in support Of Senate Bill #3824 "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 ". Be It Further Resolved That: The City Clerk is hereby authorized and directed to forward Certified copies of this resolution to the Home Rule Counsel of the Senate and the Assembly; Assembly Speaker Sheldon Silver; Senate Majority Leader Joseph Bruno, and to members of the Western New York Legislative delegation. ADOPTED NO. 122 By: Brian C. Davis TRAILBLAZING SIGNAGE FOR WASHINGTON STREET AS "DR. CHARLES L. ANDERSON, SR. WAY" Whereas: Dr. Charles L. Anderson, Sr. has been a vital member of the Ellicott District community since the 1960's when moved into the Fruit Belt area; and Whereas: Since such time Dr. Anderson has contributed to many programs serving the City of Buffalo which include B.U.I.L.D., 78 Restoration organization, and so much more; and Whereas: In 1977, he and two other doctors began a practice at 50 High Street. They went on to form The Medical Group of Western New York, which is a holistic approach to medical care; and Whereas: Dr. Anderson currently practices medicine at 941 -945 Washington Street, working with other community physicians to provide a combined approach to improve the healthcare of people in Buffalo and the surrounding communities; and Whereas: A check in the amount of $411.00 has been forwarded to the City of Buffalo Traffic Engineering Department, the cost associated with the installation of four trailblazing signs. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo approves the installation of four trailblazing signs, proclaiming Washington Street as "Dr. Charles L. Anderson, Sr. Way "; and Be It Further Resolved: That this Common Council requests that the Department of Public Works install trailblazing signs which will read "Dr. Charles L. Anderson, Sr. Way" on the following Poles: #24, located at Washington and High Streets facing South, #28, located at Washington and Goodell Streets facing South, #848, located on Washington and Virginia Streets facing North, and #944 on Washington and High Streets facing West. PASSED. AYES -9. NOES -0. NO. 123 By: Brian C. Davis TRAILBLAZING SIGNAGE FOR BEST STREET AS "GAYLES FAMILY SINGERS WAY" Whereas: The Gayles Family Singers consists of seventeen brothers and sisters, whom contributed their lives to singing, have performed for audiences not only in the City of Buffalo, but throughout the Western New York area; and Whereas: For all of their contributions, commitment and dedication to both her family and the community of saints, it is fitting to honor the Gayles Family Singers; and Whereas: A check in the amount of $185.00 has been forwarded to the City of Buffalo Traffic Engineering Department, the cost associated with the installation of one trailblazing sign and a pole for which the sign will hang from. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo approves the installation of a trailblazing sign, proclaiming Best Street, at the corner of Timon Street, as "Gayles Family Singers Way "; and Be It Further Resolved: That this Common Council requests that the Department of Public Works to install trailblazing signs which will read "Gayles Family Singers Way" on Best Street, facing north on the west side of the street at the corner of Timon Street. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS. NO. 124 Sponsor: Mr. Davis RESCIND SUSPENSION OF RESTAURANT /DANCE LICENSE FOR THE GROOVE A.K.A OPM LOUNGE A.K.A SERENITY NIGHT CLUB Whereas: The Buffalo Common Council suspended the restaurant /dance license for the Groove a.k.a OPM Lounge a.k.a Serenity Night Club, located at 680 Main Street, pending a hearing with the Department of Economic Development, Permit & Inspection Services; and Whereas: At the request of the Commissioner of Economic Development, Permit & Inspection Services, a hearing was held before a hearing officer; and Whereas: The results from the said hearing is expected to be forwarded to the Commissioner of Economic Development, Permit & Inspection Services by the hearing officer. Now, Therefore Be It Resolved: That the Buffalo Common Council does hereby resend its motion to suspend the restaurant /dance license for the Groove a.k.a OPM Lounge a.k.a Serenity Night Club effective April 17, 2007; and Be It Finally Resolved: That the ruling from the hearing officer be forwarded to the Commissioner of Economic Development, Permit & Inspection Services and a final determination to be made by said Commissioner will be deemed acceptable by this body. ADOPTED. NO. 125 BY MR. DAVIS DISCHARGE FINANCE COMMITTEE 'PROPOSALS -CITY HALL CAFETERIA — #20, NO. 84, C.C.P., MAR. 20, 2007)] ( #20, 12/12) ( #78, 3/6) (PW) Whereas: The above item is currently in the Finance Committee; and It is no longer necessary for this item to be considered by that committee; Now, Therefore Be it Resolved: That this Common Council does hereby discharge the Finance Committee from further consideration of Item #84, C.C.P. March 20, 2007, "Proposals -City Hall Cafeteria ( #20, 12/12) ( #78, 3/6) (PW)" and said item is now before the Common Council for its consideration. ADOPT DISCHARGE, APPROVED AYES- BONIFACIO, DAVIS, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RUSSELL & SMITH -8. NOES - FONTANA -1. NO. 126 By: Mr. Fontana DISCHARGE ITEM FROM THE LEGISLATION COMMITTEE - -(NO 84, CCP FEB 20, 2007) "ENCROACHMENT INTO CITY ROW -100 SENECA ST.( #22, 11 /28)(ELL)(PW)" Whereas: NO 84, CCP Feb 20, 2007, "Encroachment into City ROW -100 Seneca St. ( #22, 11 /28)(EII)(PW) ", is currently before the Committee on Legislation; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore, Be It Resolved: That the Common Council does hereby discharge the Legislation Committee from further consideration of NO 84, CCP Feb 20, 2007 "Encroachment into City ROW -100 Seneca St.( #22, 11 /28)(EII)(PW)" and said item is now before the Council. That the encroachment is hereby approved subject to the following conditions: 1) The Common Council asserts that the work previously completed at the site was completed without adequate city approvals; 2) The Common Council having realized that the applicant submitted different plans to New York State than the City and the Common Council hereby approves the most recent plans reviewed; 3) All necessary permits should be obtained and all necessary fees shall be paid by the applicant. ADOPT DISCHARGE; PASSED AYES -9. NOES -0. NO. 127 BY: MR. FRANCZYK AMENDMENT TO COMMON COUNCIL ACTION PLAN WHEREAS: The Common Council recently rolled out its Annual Action Plan, which has been referred to the Community Development Committee; and, WHEREAS: The plan is a fluid document, subject to addition and revision by the Common Council; NEW THEREFORE BE IT RESOLVED: That the following amendment be included in he Common Council Action Plan: "The promotion of historic preservation tourism is an important tool in revitalizing Buffalo and its neighborhoods. Accordingly, the Common Council supports ongoing efforts to designate Broadway -Fill more and Historic Preservation District. Additionally, the Common Council supports the efforts of the key institutions promoting the revitalization of Broadway- FilImore, including the Central Terminal Restoration Corporation, Broadway Market, the city's premier and sole municipal market, Matt Urban /Polish Community Center, Adam Mickiewicz Library and Dramatic Circle and area churches, including St. Stanislaus, Corpus Christi, St. Adalbert's and St. John Kanty." ADOPTED. NO. 128 By: Mr. Golombek DISCHARGE ITEM FROM THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 12 CCP 4/3/07- RESULTS NEG, -380 CORNWALL (MASTEN) (STRAT, PLAN.) Whereas: No. 12, CCP 4/3/07 Results Neg. -380 Cornwall (Masten) ( Strat. Plan.) is currently before the Committee on Community Development; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore, Be It Resolved: That the Common Council does hereby discharge the Committee on Community Development from further consideration of No. 12, CCP 4/3/07 - Results Neg. -380 Cornwall (Masten) ( Strat. Plan.) is currently before the Committee on Community Development, and said item is now before the Council. ADOPT DISCHARGE; PASSED AYES -9. NOES -0. NO. 129 By: Mr. Golombek PERMISSION TO HANG A BANNER ACROSS ELMWOOD AVENUE The organizers of the Elephant Run is requesting permission to temporarily hang a banner across Elmwood Avenue between Pole #215 and the building located at 820 Elmwood; and The Organizer would like the banner to be displayed from April 18, 2007 through May 15, 2007; and The organizer of the Elephant Run 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 Elephant Run to hang a banner at said location advertising the event; and Be it Finally Resolved: That the banner meets all requirements of the Departments of Public Works, Streets and Parks and that no existing laws are violated. REFERRED TO THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 130 BY: MR. KEARNS Co- Sponsors: Mr. Bonifacio, Mr. Davis, Mr. Fontana, Mr. Franczyk, Mr. Golombek, Mr. LoCurto, Mrs. Russell, Mr. Smith BRINGING CITY GOVERNMENT CLOSER TO OUR NEIGHBORHOODS BY ESTABLISHING NEIGHBORHOOD QUALITY OF LIFE CENTERS Whereas: In 1997 Rochester New York started a new program called Neighborhood Empowerment Teams (NET) to support safe, clean, strong, viable and attractive neighborhoods by locating City code inspection and enforcement and neighborhood policing services in neighborhoods so that City staff and residents could work as a team to improve the quality of life by reducing urban blight, nuisance and criminal activities; and Whereas: Rochester has NET teams that operate from six neighborhood offices, providing three key functions: • Code Inspection and Enforcement • Community Policing Activities • Neighborhood Advocacy Services; and Whereas: The six neighborhood NET offices are staffed with housing inspectors, community police officers, customer service staff and clerical staff, all dedicated to solving neighborhood problems and developing strategies in collaboration with residents for preventing problems; and Whereas: The NET concept utilized in Rochester has been implemented in other cities such as Miami which has thirteen Neighborhood Empowerment Team centers, Baltimore which has six Community Action Centers, and Columbus which has four Neighborhood Pride Centers; and Whereas: NET was developed as a way to make City government more responsive and to bring City government closer to neighborhood residents by creating a network of satellite offices in City neighborhoods; and Whereas: Our 2007 -08 Common Council Action Plan calls for the establishment of Quality of Life Centers to address neighborhood issues such as excessive noise, drug sales, and problem properties in a neighborhood setting; and Now Therefore Be It Resolved: That the Common Council requests comments from the Good Neighbor Planning Alliances, the Buffalo Board of Block Clubs, the Department of Citizen Services, the Police Commissioner, the Commissioner of Economic Development Permits and Inspections as to the feasibility of establishing neighborhood based satellite offices as Rochester and other cities have done. Be It Further Resolved That this item is referred to an appropriate Committee of the Common Council to discuss and consider the comments received. REFERRED TO THE COMMITTEE ON LEGISLATION. THE COMMISSIONER OF PUBLIC WORKS PARKS AND STREETS, THE COMMISSIONER OF EDPI AND THE COMMISSIONER OF POLICE NO. 131 By: Michael J. LoCurto & Mr. Bonifacio A resolution calling for the matching of Memorial Auditorium demolition funds for the City of— Buffalo. Whereas: It is estimated that there are 10,000 vacant structures in the City of Buffalo; and Whereas: The average cost to demolish a structure in the City of Buffalo is $17,000.00 creating a $170 million cost to demolish all the vacant structures; and Whereas: Over a five year period a vacant property costs the City of Buffalo an estimated $20,000.00; and Whereas: As part of the Bass Pro agreement, the State of New York has agreed to provide the City of Buffalo $10 million to demolish the former Memorial Auditorium to create a shovel ready site for future development; and Whereas: Neighborhood development is just as important as economic development; and Now Therefore Be It Resolved: That the Common Council of the City of Buffalo calls on New York State to match the Memorial Auditorium demolition money and provide the city with $10 million to demolish vacant structures; and Therefore Be It Finally Resolved: That certified copies of this resolution be sent to Governor Spitzer, NYS Senate Majority Leader Joseph Bruno, Assembly Speaker Sheldon Silver and the Western New York Delegation ADOPTED. NO. 132 By: Mike LoCurto PERMISSION TO HANG "THE HELLENIC FESTIVAL" BANNER Whereas: The Greek Orthodox Church is celebrating its Annual "Hellenic Festival'; and Whereas: Representatives from the Greek Orthodox Church of the Annunciation have requested permission to utilize two trees to hang the banner across Delaware Avenue in front of the Greek Orthodox Church of the Annunciation, located at 146 West Utica from Wednesday, April 25, 2007 through Monday June 4, 2007 in celebration of this event; and Whereas: The Greek Orthodox Church of the Annunciation representatives are familiar with the banner requirements and will purchase the necessary bond before the banner is installed; Now Therefore Be It Resolved: That the Common Council does hereby grant permission to the Greek Orthodox Church of the Annunciation to hang a banner celebrating their Annual Hellenic Festival on Delaware Avenue in front of the Greek Orthodox Church of the Annunciation, located at 146 West Utica from April 25, 2007 through June 4, 2007, providing the banner meets the requirements of all pertinent City Departments and ensures that no existing laws or ordinances are violated. PASSED. AYES -9. NOES -0. NO. 133 BY: Ms. Russell BUDGET AND PERSONNEL AMENDMENT 20 - DEPARTMENT OF POLICE 1121 - 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 20 - Department of Police, 1121 - Administration, which currently reads: 1 Assistant Accountant $ 32,487 - $ 37,485 is hereby amended to read: 1 Senior Accountant $ 37,852 - $ 42,836 IT IS HEREBY CERTIFIED, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. That a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position H. MCCARTHY GIPSON, COMMISSIONER OF POLICE AND DONNA J. ESTRICH, 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. PASSED. AYES -9. NOES -0. NO. 134 By: Ms. Russell ORDINANCE AMENDMENT CHAPTER 413, STREETS AND SIDEWALKS The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 413 of the Code of the City of Buffalo be amended to read as follows: § 413 -50. Duty for removal; penalties for offenses. A. It shall be the duty of every owner or occupant of any premises abutting any public street to remove, before 9:00 a.m., all snow and ice which may have fallen upon the sidewalk abutting said premises. In case said sidewalk is not paved its full width, it shall be necessary to remove such snow or ice from a space three feet in width. The owner or occupant of lands fronting or abutting on any street, highway, traveled road, public lane, alley or square shall make, maintain and repair the sidewalk adjoining his lands and shall keep such sidewalk and the gutter free and clear of and from snow, ice and all other obstructions. Such owner or occupant, and each of them, shall be liable for any injury or damage by reason of omission, failure or negligence to make, maintain or repair such sidewalk. B. It shall be the duty of every owner or occupant of any premises abutting any sidewalk in which a handicapped access cut has been installed to remove, before 9:00 a.m., all snow and ice which may have fallen upon the handicapped access cut. C. In case the snow and ice on the sidewalks or handicapped access cut shall be frozen so hard that it cannot be removed without material difficulty or injury to the pavement, the owner, lessee, tenant, occupant or other person having charge of any building or lot of ground, as aforesaid, shall, within the time specified in the preceding subsections, cause the sidewalk or handicapped access cut abutting said premises to be strewn with ashes, sand, sawdust or some suitable materials and shall, as soon thereafter as the weather permits, thoroughly clean said sidewalk or handicapped access cut. D. Any person violating the provisions of this section may be liable, in addition to the general penalties, to the penalties established in Chapter 137, Article I, of this Code. E. Notwithstanding any provision of any other ordinance, any person, firm or corporation who is granted a license, a renewal of a license, pursuant to City of Buffalo Ordinances, or any person, firm or corporation who is granted a building permit pursuant to any provision of City of Buffalo Ordinances for work to be performed on any commercial or business premises, shall be deemed to have agreed, as a condition of such license or permit, to keep and maintain reasonably free of snow and ice any sidewalk or other pedestrian way immediately adjacent or contiguous to the premises for which any permit has been issued or which is used by the licensee or his agents or employees in the operation of any business for which any license has been issued. The owner or occupant of any building or lot abutting a public sidewalk is responsible for and shall remove any accumulation of snow and /or ice from said public sidewalk within twenty -four (24) hours after the snow and /or ice has ceased to fall, gather, or accumulate. Failure to keep such sidewalk or other pedestrian way free of snow and ice shall be grounds for denial or revocation of such license or licenses. APPROVED AS TO FORM Peter J. Savage III, Asst. Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF ECONOMIC DEVELOPMENT, PERMITS AND INSPECTIONS, AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS. NO. 136 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Committee on Finance following Civil Service Committee on Comm. Dev. Committee on Legislation Committee on Claims Special Committees Taxi Cabs & Liveries Committee on Comm Dev Foreclosure Notification. Budget Spec. Education. Comm. Mtg. Waterfront Development Tuesday, April 24, 2007 at 9:45 o'clock A.M. Tuesday, April 24, 2007 at 10:00 o'clock A.M. Tuesday, April 24, 2007 at 1:00 o'clock P.M. Tuesday, April 24, 2007 at 2:00 o'clock P.M. Wednesday April 25, 2007 at 11:00 o'clock AM Thursday April 19, 2007 at 10:00 AM in Room 1417 City Hall. Thursday April 19, 2007 at 2:00 PM in Room 1417 on MBBA Properties & Monday, April 23, 2007 at 10:00 AM in Room 1417 City Hall. Wednesday, April 25, 2007 at 1 PM in The Council Chambers Thursday, April 26, 2007 at 11:00 AM in The Council Chambers (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. 136 ADJOURNMENT On a motion by Mr. Bonifacio, Seconded by Mrs. Russell, the Council adjourned 4:00 p.m. GERALD A. CHWALINSKI, CITY CLERK BOARD OF POLICE AND FIRE PENSION PROCEEDINGS #4 OFFICE OF THE MAYOR -201 CITY HALL APRIL 19, 2007 Present: Byron W. Brown, Mayor; David A. Franczyk, Council President; Alisa A. Lukasiewicz, Corporation Counsel -3 The Journal of the last meeting was approved. NO. 1 1 transmit herewith the Pension Payroll for the Fire Pension Fund for the month of April 2007 amounting to $5,610.00, and request that checks be drawn to the order of the persons named herein for the amounts stated. ADOPTED Ayes -3. Noes -0. NO. 2 I transmit herewith the Pension Payroll for the Police Pension Payroll for the month of April 2007 amounting to $4,975.54, respectively, and request that checks be drawn to the order of the persons named herein for the amounts stated. ADOPTED Ayes -3. Noes -0. NO. 3 The following annuitant was cancelled from the Police Pension Payroll: Elizabeth Kennedy Deceased RECEIVED AND FILED. 4/9/07 NO. 4 On a motion by Mr. Franczyk, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m.