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Home My WebLink About07-0501L� • COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO MAY 1 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 ** *FINAL * ** * *MAY 1, 2007 * ** MAYOR 1 -A. COB FY 2007 -2008 Recommended Budget Detail COW - MAYOR - EXECUTIVE 2 -1. Plan Bd -River Wright Ethanol Plan Development SEQR Negative Declaration 139 Bflo River R &F 3 -2. Strat Plan- Results Negotiation -112 Durham CD COMPTROLLER 4 -3. Cert. of Nec.- Transfer of Funds - Streets R &F 5 -4. Cert of Nec- Transfer in Funds Common Council R &F 64A. Cert. Of Determination R &F 7 -5. Audit Report Div of Parking Enforcement 1/1/06 - 6/30/06 FIN 8 -6. Bond Closeout $830,000 FIN 9 -7. Interfund Cash Loan -FEMA APP 10 -8. Interfund Cash Loan NYSDOT APP 11 -9. Appt.- Associate Account Clerk (Inter 43) CS COUNCIL PRESIDENT 12 -10. Schedule of Meetings and Budget Hearings 2007 -08 COW 13 -11. Buffalo Public Schools -Phase III Reconst.- SEQRA- Determination of Lead Agency APP 14 -12. Old First Ward Comm. Ctr. -Supp. For Riverwright Ethanol Plant R &F ASSESSMENT/TAXATION 15 -13. MBBA Liens Charged Off and MBBA Liens Retained CD, EDPI 16 -14. Demolition of 171 Smith St(Exc 1s'& 3 d Res) R &F PUBLIC WORKS, PARKS & STREETS 17 -15. Notification serial 10153 to 10155 (W AIVE 45 DAYS) R &F 18 -16. Encroachment into City Right of Way 886 Tonawanda St (North) APP 19 -17. Report of Bids -2007 Citywide Tree Trimming APP 20 -18. Report of Bids - Parkside Lodge Site Work(Del) APP 21 -19. Report of Bids - Resurfacing of City Pavements City Wide- 2007,Gr 4667 APP 22 -19A. Change in Contract - Shoshone Pool - Emerg. Treatment System Replacement -Job 4721 (Univ.) APP 23 -20. Increase in Contract - Replacement of Street Light Standards, Ashland, Tifft, 24 -21. Permission to Enter Into Agreement w/NYSDOT -Porter Ave Reconst Niagara St to Symphony Circle APP 25 -22. Appt. -Water Meter Mechanic (Inter) POLICE 26 -23. Seized Vehicle APP FIRE 27 -24. Purchase Heavy Duty Pick Up Truck APP CORPORATION COUNSEL 28 -25. Letter to C. Pawenski, EC Dept. of Env. /Planning - Residential Overlay Parking Dist. R &F 29 -25A. Response- Creation of Residential Overlay Pkg. District -W. Utica betw. Elmwood/Atlantic R &F ECONOMIC DEVELOPMENT & PERMITS /INSPECTIONS 30 -26. Addressing Over 600 MBBA Properties Going to the October Foreclosure Sale R &F 31 -27. Amend to Rental Regis Leg Enhancing the Rental Reg Program COW 32 -28. Food Store License -1172 Broadway (Fill) LEG 33 -29. Food Store License 1054 Elmwood (North) APP 34 -30. Scrap Processor -540 East Delavan (Masten) LEG 35 -31. Restaurant Dance Class License Renewal -1 Main HSBC Arena (Fill) APP CS APP 36 -32. Sidewalk Caf6 License -431 Elmwood (Niagara) APP 37 -33. Sidewalk Caf6 License -484 Elmwood (Niagara) APP 38 -34. Sidewalk Caf6 License -45 West Chippewa (Ell) LEG 39 -35. 2007 -2008 Special District Vending Site Map LEG 40 -36. Wholesale Junk Dealer -540 East Delavan(Mas) LEG BOARD OF EDUCATION B. Davis - Star - Gazette Article Regarding Ethanol Plants 41 -37. Adding BPS Student Members to Education Committee R &F 42 -38. Composite Report on District Dropouts ED 43 -39. G. Crosby Re:File K. Kula- Lorraine Elementary in Need of Reconstruction ED CITY C I ,FR K J. Golombek -Local Waterfront Revitalization Program 44 -40. Liquor License Applications 45 -41. Leaves of Absence 46 -42. Reports of Attendance R &F 47 -43. Notices of Appointments - Temp. /Prow. /Perm. CS MISCELLANEOUS 48 -44. M. Baldwin -D. Brinkworth -Metro Rail Expansion CD 49 -45. M. Baldwin -Push Buffalo- Response to Council MBBA Hearing of April 19, 2007 CD, A &F, EDPI 50 -46. F. Clark- Proposed Grant to Fund EC Community Prosecutor Program R &F 51 -47. M Clarke- Response Vacant Property Inventory CD 52 -48. B. Davis -W. VanCott-Req. Removal of Parking Meters on South Elmwood LEG, PW, A &F 53 -49. B. Davis - Star - Gazette Article Regarding Ethanol Plants R &F 54 -50. L. Desormeau- Vacant Property Inventory -Black Rock Area R &F 55 -51. L Fleron- Living Wage Comm Recommendations on Brand -On Services R &F 56 -52. R. Fontana -T. Johnson -Town of Cheektowaga -Cost of Flood Hazard Insurance CD, PW 57 -53. J. Golombek -Local Waterfront Revitalization Program CD 58 -54. M. Kearns -Item 452. CCP April 17, 2007, M. Kearns -R. Tobe- Safety Hazard -1002 Abbott Island St. APP Rd R &F 59 -55. M. Keating - Wegman's Mkts.- Response -Opp. Ord. To Impound Abandoned Shopping Carts LEG 60 -56. J. Kowalski- NYSDOT- Safety Improvements on Rte. 33 R &F 61 -57. L. Meckler- Transferring Outer Harbor Land to COB /Est. Amphitheatre on Outer Harbor CD 62 -58. J. Norquist- Invitation Tour of the Milwaukee Riverfront Neighborhood R &F 63 -59. C. Noun -April 25, 2007 Natl. Thank You Day for Elected Officials in US R &F 64 -60. B. Russell - Bailey- Amherst District Mgmt. Assn. Budget- 7/1/07 - 6/30/08 FIN 65 -60A C. Slater- RiverWright Ethanol Energy Project 139 Buffalo River, Public Support Letters R &F 66 -60B G. Stevens - Riverwright Info R &F PETITIONS 67 -61. D. Wilcox, Agent, Use 1300 Jefferson for A Freestanding Sign(Mas)(No Pub Hrg Req) LEG, CPBD 68 -61A A. Saleh, 272 Ferry East, Freestanding Sign (Mas)(No Pub Hrg Req.) LEG, CPBD RESOLUTIONS 125 -262. Bonifacio Establishing A Policy for the City to Take Title to Any Property Not Bid on At Foreclosure Auction LEG, EDPI, A &F, CC 126 -63. Bonifacio, etc LL Intro# 6 (2007) Real Property Tax Law - Article 28 (Hrg. 5/8) LEG 127 -63A. Bonifacio Permit Urban Roots Comm. Garden Ctr. To Hang Banner on Rhode Island St. APP 128 -64. Davis Support of Redevelopment of the Former Federal Building ADPT 1st 2 ND 3 RD Res;- 4TH -FIN 129 -64A. Davis Perm. To Hang Banners on Washington & Pearl Sts. APP 130 -65. Davis Transfer of Funds - Streets APP 131 -66. Davis Transfer of Funds Common Council(CM4 2) APP 132 -66A. Fontana Disch. Leg. Comm. -CCP #135- 4/3/07- Living Wage Res. for Common FINANCE 73 -5. Res 148 Mar 20 74 -6. No 86 Mar 20 LEGISLATION 75 -7. No 60 Apr 17 76 -8. No 61 Apr 17 Brand -On Services Compliance With the Living Wage Ordinance LEG Bond Closeout $830,000.00 ( 46,12/12) (Compt.) R &F M. Risman, Agent, Use 45 Federal Avenue for Employee Pkg. Lot (Mas)Hrg.4 /24) APP R. Pedersen, Agt., Req. Zng. Change to Create a Residential Overlay Pkg. District -W. Utica Betw. Elmwood & Atlantic Ave. (Nia) (Hrg. 4/24) APP 77 -9. No 62 Apr 17 78 -10. Com Council ADOPT DISCH, COW Apr 17 133 -67. Franczyk Appoint Deputy Mayor Housing Czar COW 134 -68. Franczyk, etc Earth Day 2007 Climate Action Resolution ADOPT 135 -69. Golombek Permission to Hang Banners on Dearborn St APP 136 -70. Kearns Appoint Legislative Aide ADOPT 137 -71. Kearns Internal Controls for Spending Monies Allocated Within the City Budget BUDGET 138 -72. LoCurto Req Extension of PILOT Agreement -1995 Hertel Park 38 Apr 17 85 -17 Assoc_ FIN, A &F, ASSMT/TAX 72 139 -72A LoCurto HRM Senate Bill 44523, Assembly Bill# 6669 An Act to Amend the Vehicle and Traffic Law in Relation to Civic Liability of Vehicle Owners of Traffic Control Signal Violations in COB ADOPT 140 -73. Russell Budget and Personnel Amendment -Audit & Control APP 141 -74. Russell Implement 5 -Day Extension on Payment of Taxes City Charter 28 -65 APP 142 -75. Smith Comm. Of Deeds ADOPT 143 -76. Smith Comm. Of Deeds For Public Performance ADOPT Recessed into COW at 3:15 pm SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETING CIVIL SERVICE 69 -1. Com 18 Apr 17 Appt. - Teller (Inter) (PW) APP 70 -2. Com 23 Apr 17 Appt. -Chief Prov. Exempt (Bd. Of Ed.) R &F 71 -3. Com 33 Apr 17 Appt. -Pkg. Meter Mechanic (Inter 43) (AFUA) APP 72 -4. Com 36 Apr 17 Notices of Appt.- Temp /Prov /Perm (C. Clk.) R &F FINANCE 73 -5. Res 148 Mar 20 74 -6. No 86 Mar 20 LEGISLATION 75 -7. No 60 Apr 17 76 -8. No 61 Apr 17 Brand -On Services Compliance With the Living Wage Ordinance LEG Bond Closeout $830,000.00 ( 46,12/12) (Compt.) R &F M. Risman, Agent, Use 45 Federal Avenue for Employee Pkg. Lot (Mas)Hrg.4 /24) APP R. Pedersen, Agt., Req. Zng. Change to Create a Residential Overlay Pkg. District -W. Utica Betw. Elmwood & Atlantic Ave. (Nia) (Hrg. 4/24) APP 77 -9. No 62 Apr 17 78 -10. Com 6 Apr 17 79 -11. No 41 Apr 17 80 -12. No 42 Apr 17 81 -13. Com 29 Apr 17 82 -14. No 87 Apr 17 83 -15 Com 30 Apr 17 84 -16. No 38 Apr 17 85 -17 No 72 Mar 20 86 -18 No 87 Feb 6 K 87 -19 Com 1 Mar 20 88 -20 Res 103 Nov 28 89 -21 Res 154 Oct 3 90 -22 Res 100 Feb 20 91 -23 Com 17 Feb 6 M. Beam, Agt., Use 2543 Delaware- Non - Illum. Grnd. Sign (Del)(No Pub Hrg Req) APP 139 Buffalo River Ethanol Processing Plant (Plan Bd.) R &F J. Cleary- Support Full Env. Study- RiverWright Ethanol Plant R &F M. Cleary- Comments on Proposed Ethanol LLC R &F Second Hand Dealer -850 Fillmore (Fill) (EDPI) APP Used Car Dealer -1073 Niagara Niag.)(EDPI)( 4 105,4/3)( 420,2 /6) APP W /COND Multiple Dwellings Tax Exemption Law (EDPI) R &F M. Beam -Stray Shopping Carts R &F J. Colon, Owner, Use 430 Seventh - Repair Garage (Ell) (Hrg. 3/27) DENY McCarthy, Agt., Use 139 (AKA 139/145/151/157) Bflo. River - Ethanol Plant (So) ( 462,10/3) (Hrg. 10 /10) APP W /COND Appt. - Buffalo Sewer Authority Board (Mayor) APP Ord. Amendment - Chapter 96 -Bonds & Contracts R &F Exemption to Ord. Amend. 496: Bonds & Contracts (Exc. 1 -3 Res) R &F Trans Fat Postings in Restaurants (Exc. 1 2 " Res) Food Store & Meat, Fish & Poultry Licenses (EDPI)_ ADOPT R &F 92 -24 No 52 Mar 20 N. Bennett- Complaints -Time Warner Cable Complaint R &F COMMUNITY DEVELOPMENT 93 -25. Com 8 Apr 17 Results of Neg. -428 Bailey (Lov) (Strat. Plan) DENY 94 -26. No 90 Apr 17 Foreclosure Notification (Strat. Plan.) ( 48,3/6) R &F 95 -27. No 91 Apr 17 Foreclosure Notification (Assess /Tax) ( 421,3/6) R &F 96 -28. No 92 Apr 17 S. Baum - Comments - Foreclosure Notification ( 454,3/6) R &F 97 -29. No 93 Apr 17 N. Buscaglia -M &T Bank- Foreclosure Notification ( 455,3/6) R &F 98 -30. No 94 Apr 17 Foreclosure Notification (Exc. 1s Res.) ( 494,2/20) R &F 99 -31. Com 32 Apr 3 Foreclosure Notification (EDPI) R &F 100 -32. No 52 Apr 3 J. Golombek -O. Hecht- EarthLink Municipal Networks - Discuss Benefits of Wi -Fi Tech. R &F 101 -33. Res 145 Mar 20 City Rep. On the Erie Co. Greenway Fund Standing Comm. (3 d Resolve Only) WTRFRON7 102 -34. No 62 Mar 20 K. Massey- Process for Foreclosure R &F 103 -35. No 59 Mar 20 L. Desormeau- Concerns - Foreclosure Notifications R &F 104 -36. No 65 Mar 20 L. Schiavi- Greater Bflo. Savings Bank - Foreclosure Notification R &F 105 -37. No 67 Mar 20 W. Stachowski & O- Mayor's Anti - Flipping Task Force - Foreclosure Notification R &F 106 -38. No 63 Mar 6 B. Davis -W. Small- Disposal of Foreclosure Properties R &F 107 -39. No 70 Mar 6 M. Rodgers- Info.- Abandoned Property Issues R &F 108 -40. Res 97 Feb 20 Addressing the Over 600 MBBA Properties Going to the Oct._ Foreclosure Sale (Exc. 1s Res.) R &F 109 -41. No 56 Mar 20 M. Clarke -LISC- Addressing Over 600 MBBA Properties R &F 110 -42. No 63 Mar 20 M. Riegel- Belmont Shelter Corp.- Addressing Over 600 MBBA Properties R &F 111 -43. No 68 Mar 20 W. Stachowski & O- Mayor's Anti - Flipping Task Force - Addressing Over 600 MBBA Properties R &F 112 -44. No 69 Mar 20 R. Talboys- Habitat for Humanity -600 MBBA Properties R &F 113 -45. No 57 Jan 23 J. Golombek- Buffalo News Article - "New Web Touts Cultural Tourism" R &F 114 -46. Res 92 Jan 23 Compensating Buffalo for Regionally Significant Ec. Dev. Projects (Exc. 1st & 2n Res.) R &F SPECIAL COMMITTEES BUDGET 115 -47. No 112 Apr 17 Transfer of Funds -Law ( #124,4/3) APP EDUCATION 116 -48. Com 40 Apr 3 Dropout Prevention -Five Major Components (Bd. Ed.) R &F 117 -49 Com 41 Apr 3 Safe Support Services Three Year Student Support Plan (Bd. Ed.) R &F 118 -50. No 47 Apr 17 M. Kearns -T. Kennedy -Haz. Cond.- Southside El. Playground Equip. R &F 119 -51. No 66 Mar 20 D. Smith -Bflo. Public School District Parent Involvement Plan R &F 120 -52. Res 115 Dec 12 Req. for Bd. Of Ed. To File Report on Reducing High School Drop Out Rate R &F 121 -53 Com 28 Dec 26 Req for Bd of Ed to File Report on Reducing High School Drop Out Rate(BOE) R &F 122 -54. Res 122 Nov 1 Allowing Bus Passes for BPS Students to Include Internship /Comm. Svs. Locations (2 Res.) R &F 123 -55. Res 122 June 13 Alternative School at 998 Broadway (Exc. 1s Res) R &F WATERFRONT 124 -56. No 40 Dec 26 M. Kearns -Erie Canal Harbor Dev Corp- "ECHDC Unveils Updated P1ansFor Inner Harbor" R &F COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, MAY 1, 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 17, 2007 were approved. FROM THE MAYOR No. 1 CITY OF BUFFALO FISCA YEAR 2007 -2008 RECOMMENDED BUDGET DETAIL Copy available in the City Clerks office for review REFERRED TO THE COMMITTEE OF THE WHOLE FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD NO. 2 139 Buffalo River River Wright Ethanol Plant Development SEQR Negative Declaration The City Planning Board at its regular meeting held Tuesday, April 24, 2007, considered the matter captioned above pursuant to Section 511 -137 of the Buffalo Code, Citywide Design and Site Plan. River Wright, LLC proposes to undertake the substantial rehabilitation and retrofitting of the former Con /Agra /Maple Leaf Milling facility located at 139 Buffalo River, Buffalo, New York. The facility will produce fuel ethanol for use as a gasoline additive. The plant will incorporate four existing grain elevators, two existing mill buildings, two existing office and lab buildings, and a new process Building. The process building will contain fermentation, distribution, evaporation and condensation systems. The project will be privately financed. Prior to the implementation of the above - referenced action, the requirements of the New York State Environmental Quality Review Act (SEQRA) must be satisfied. The project, as defined under SEQRA, is an "Unlisted Action" for which the Buffalo Planning Board, as the lead SEQRA agency, has completed a coordinated environmental review. The Planning Board, as a result of its environmental analysis, has determined that the project will not have a significant adverse effect on the environment, and has approved the filing of a Negative Declaration. As per Section 617.12 of the regulations, the Negative Declaration is hereby filed with the Buffalo Common Council. RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 3 Results of Negotiations 112 Durham, 40'N Litchfield Vacant Lot: 40' x 125' Assessed Valuation: Land $ 4 Total $43,700 (Masten District) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 112 Durham Avenue from Mr. Kevin L. Tate, 160 Stockbridge Avenue, Buffalo, New York 14215. Mr. Tate intends to make repairs in the amount of Twenty Thousand Four Hundred Dollars ($20,400), in order to bring 112 Durham into code compliance and use as income property. The purchaser has provided the Division of Real Estate with cost estimates and proof of financial ability to acquire and rehabilitate 112 Durham Avenue. The subject property consists of a 2,200 square foot two and one half story two family home, in fair condition, acquired by the City through tax foreclosure in 2005 and is situated on a lot 40' x 125'. 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 properties in the subject area. Sales range from Two Dollars and Forty One Cents ($2.41) to Seven Dollars and Seventy Five Cents ($7.75), per square foot living area. The results of our negotiations are that Mr. Tate has agreed and is prepared to pay Eight Thousand Six Hundred Dollars ($8,600), Three Dollars and Eight Six Cents ($3.86) per square foot living area. Mr. Tate has also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal description. As a matter of disclosure Mr. Kevin Tate is an employee of the Buffalo Urban Renewal Agency and has complied with all procedures to acquire this property. I am recommending that Your Honorable Body approve the sale of 112 Durham Avenue to Mr. Kevin Tate in the amount of Eight Thousand Six Hundred Dollars ($8,600). 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 DEPARTMENT HEAD NAME: FROM THE COMPTROLLER NO. 5 Certificate of Necessity Transfer of Funds Common Council We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that it is necessary that the sum of $3,000 be transferred and reappropriated within the Common Council, as set forth below: From: City Clerk - Services 10220006 - 432004 Engineering & Technical $3,000 TO Legislative - Personal Services 10102001 - 412002 Hourly Salary $3,000 RECEIVED AND FILED NO. 6 CERTIFICATE OF DETERMINATION BY THE COMPTROLLER DETERMINING THE TERMS, FORM AND DETAILS OF ISSUANCE OF $22,226,126.52 GENERAL IMPROVEMENT SERIAL BONDS - 2007-A AND $5,889,000 SCHOOL SERIAL BONDS - 2007 -B OF THE CITY OF BUFFALO, NEW YORK, AGGREGATING $28,115,126.52 AND PROVIDING FOR THE PRIVATE SALE THEREOF I, Andrew A. SanFilippo, Comptroller of the City &Buffalo (herein called "City "), in the County of Erie, State of New York (the "State ") HEREBY CERTIFY AND 2,REPORT, that pursuant to the powers and duties delegated to me, the acting chief fiscal officer of the City, pursuant to Resolution No. 194, duly adopted on the 4th day of October, 1945, and pursuant to Resolution No. 160, duly adopted on the 1 st day &November, 1994, which resolutions are in full force and effect and have not been modified, amended or revoked, and subject to the limitations prescribed in said resolutions and pursuant to the Financing Agreement dated as of May 1, 2004 (the "Agreement') between the Buffalo Fiscal Stability Authority (hereinafter referred to as "BFSA ") and the City, I have made the following determinations: 1. Authorization Principal Amount, Maturit Schedule Issue Date and Designation: (a) Serial bonds of the City (the "Bonds" or the "Obligations ") in the respective principal amounts as set forth in Appendix A (which is hereby made a part hereof), for each purpose as set forth in row D of such Appendix shall be issued pursuant to the bond resolutions duly adopted and amended by the Common Council on their respective dates as set forth in row C of such Appendix, and shall mature in the respective principal amounts on January 15 in each of the years as set forth in such Appendix. (b) All of said serial bonds hereinabove referred to in Appendix A, excepting bonds issued pursuant to Resolution Nos. 129, 105, 148 and 149 adopted March 16, 2004, March 22, 2005, March 6, 2007 and March 6, 2007 respectively, shall be combined for the purpose of sale into a single issue of serial bonds in the aggregate principal amount of $22,226,126.52, and shall be designated "GENERAL IMPROVEMENT SERIAL BONDS - 2007 -A ". Said bonds shall be dated May 3, 2007 and shall mature, with substantially level or declining debt service, on January 15 in the aggregate principal amounts and in each of the years as detailed in the attached schedules in Appendix A hereto. The weighted average period of probable usefulness for said serial bonds is hereby determined, to be 16.05 years as detailed in the attached schedules in Appendix A hereto. The date of each bond shall appear on the face thereof under the caption "Date of Original Issue ", and each bond shall bear interest from such date. The date of each bond shall appear on the face thereof under the caption "Date of Original Issue ", and each bond shall bear interest from such date. (c) All of said serial bonds hereinabove referred to in Appendix A and issued pursuant to Resolution Nos. 129, 105, 148 and 149 adopted March 16, 2004, March 22, 2005, March 6, 2007 and March 6, 2007 respectively shall be combined for NO. 4 Certificate of Necessity Transfer of Funds STREETS We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to: §20 -12 of the Charter, that it is necessary that the sum of $88,000 be transferred and reappropriated within Streets Sanitation, as set forth below: FROM Streets Cleaning and Snow Removal 15030005-461106 Salt and Sand $88,000 TO Streets Building and Fleet Maintenance 15050006 - 443302 Body Repairs $28,000 15050006 - 443303 Drive Train Repairs $60,000 RECEIVED AND FILED NO. 5 Certificate of Necessity Transfer of Funds Common Council We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that it is necessary that the sum of $3,000 be transferred and reappropriated within the Common Council, as set forth below: From: City Clerk - Services 10220006 - 432004 Engineering & Technical $3,000 TO Legislative - Personal Services 10102001 - 412002 Hourly Salary $3,000 RECEIVED AND FILED NO. 6 CERTIFICATE OF DETERMINATION BY THE COMPTROLLER DETERMINING THE TERMS, FORM AND DETAILS OF ISSUANCE OF $22,226,126.52 GENERAL IMPROVEMENT SERIAL BONDS - 2007-A AND $5,889,000 SCHOOL SERIAL BONDS - 2007 -B OF THE CITY OF BUFFALO, NEW YORK, AGGREGATING $28,115,126.52 AND PROVIDING FOR THE PRIVATE SALE THEREOF I, Andrew A. SanFilippo, Comptroller of the City &Buffalo (herein called "City "), in the County of Erie, State of New York (the "State ") HEREBY CERTIFY AND 2,REPORT, that pursuant to the powers and duties delegated to me, the acting chief fiscal officer of the City, pursuant to Resolution No. 194, duly adopted on the 4th day of October, 1945, and pursuant to Resolution No. 160, duly adopted on the 1 st day &November, 1994, which resolutions are in full force and effect and have not been modified, amended or revoked, and subject to the limitations prescribed in said resolutions and pursuant to the Financing Agreement dated as of May 1, 2004 (the "Agreement') between the Buffalo Fiscal Stability Authority (hereinafter referred to as "BFSA ") and the City, I have made the following determinations: 1. Authorization Principal Amount, Maturit Schedule Issue Date and Designation: (a) Serial bonds of the City (the "Bonds" or the "Obligations ") in the respective principal amounts as set forth in Appendix A (which is hereby made a part hereof), for each purpose as set forth in row D of such Appendix shall be issued pursuant to the bond resolutions duly adopted and amended by the Common Council on their respective dates as set forth in row C of such Appendix, and shall mature in the respective principal amounts on January 15 in each of the years as set forth in such Appendix. (b) All of said serial bonds hereinabove referred to in Appendix A, excepting bonds issued pursuant to Resolution Nos. 129, 105, 148 and 149 adopted March 16, 2004, March 22, 2005, March 6, 2007 and March 6, 2007 respectively, shall be combined for the purpose of sale into a single issue of serial bonds in the aggregate principal amount of $22,226,126.52, and shall be designated "GENERAL IMPROVEMENT SERIAL BONDS - 2007 -A ". Said bonds shall be dated May 3, 2007 and shall mature, with substantially level or declining debt service, on January 15 in the aggregate principal amounts and in each of the years as detailed in the attached schedules in Appendix A hereto. The weighted average period of probable usefulness for said serial bonds is hereby determined, to be 16.05 years as detailed in the attached schedules in Appendix A hereto. The date of each bond shall appear on the face thereof under the caption "Date of Original Issue ", and each bond shall bear interest from such date. The date of each bond shall appear on the face thereof under the caption "Date of Original Issue ", and each bond shall bear interest from such date. (c) All of said serial bonds hereinabove referred to in Appendix A and issued pursuant to Resolution Nos. 129, 105, 148 and 149 adopted March 16, 2004, March 22, 2005, March 6, 2007 and March 6, 2007 respectively shall be combined for the purpose of sale into a single issue of serial bonds in the aggregate principal amount of $5,889,000, and shall be designated "SCHOOL SERIAL BONDS - 2007 -13". Said bonds shall be dated May 3, 2007 and shall mature, with substantially level or declining debt service, on January 15 in the aggregate principal amounts and in each of the years as detailed in the attached schedules in Appendix A hereto. The weighted average period of probable usefulness for said serial bonds is hereby determined, to be 12.20 years as detailed in the attached schedules in Appendix A hereto. The date of each bond shall appear on the face thereof under the caption "Date of Original Issue ", and each bond shall bear interest from such date. 2. Interest Rate— Dates and Medium of Payment. The 2007 -A Bonds and 2007 -13 Bonds shall bear interest from their date at the rates per annum set forth in the attached Appendix A, payable January 15, 2008, August 15, 2008, and semi- annually thereafter on January 15 and August 15 in each year until maturity, payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest thereon shall be paid by wire transfer or in clearinghouse funds on each interest payment date, payable to the person in whose name the Bond is registered at the principal corporate trust office in Buffalo, New York of JP Morgan Chase Bank, as depository bank (the "Depository Bank "). For so long as BFSA shall be the registered owner of the Bonds, BFSA may by written instruction to the City instruct the City to pay any principal due on the Bonds to any bank acting as custodian for BFSA. 3. Bonds Subject to Prior Redemption. The 2007 -A Bonds and 2007 -B Bonds maturing on or after January 15, 2018 will be subject to redemption prior to maturity at the option of the City on January 15, 2017 and thereafter on any date, as a whole or in part, as specified by the City, in such order of maturity as may be determined by the City (selected by lot within a maturity), at par, plus accrued interest to the date of redemption. Notwithstanding the foregoing, no Bond or portion of a Bond shall be subject to redemption at the onion of the City without the express written consent of the BFSA. Any such redemption, either as a whole or in part, shall be made upon at least sixty (60) days and no more than seventy - five (75) days prior to written notice to (i) the BFSA and to the Trustee for the BFSA's Sales Tax and State Aid Secured Bonds, Series 2007A during any period when the Bonds are held by or for the benefit of the BFSA or (ii) any successor holder of this Bond at any time thereafter. 4. Fiscal Agent Manufacturers & Traders Trust Company, Buffalo, New York is hereby appointed as Fiscal Agent for the Bonds pursuant to, and to act in accordance with, applicable provisions of the Law and the Enabling Resolution of the City of Buffalo, adopted by the Common Council on March 8, 1977. 5. Execution of Bonds. The Bonds shall be executed in the name of the City by the manual signature of the Comptroller, and shall have the corporate seal of the City, or a facsimile thereof, affixed, imprinted, engraved or otherwise reproduced thereon. 6. Transfer of Bonds Each Bond shall be transferable only upon the books of the City, which shall be kept for such purpose at the Fiscal Agent, by the registered owner thereof in person or by his attorney duly authorized in writing, upon surrender thereof together with a written instrument of transfer satisfactory to the Fiscal Agent duly executed by the registered owner or his duly authorized attorney. Upon transfer of any such Bond, the City shall issue in the name of the transferee a new Bond or Bonds of the same aggregate principal amount and maturity as the surrendered Bond. The City and the Fiscal Agent may deem and treat the person in whose name any Bond shall be registered upon the books of the City as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon his order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid, and neither the City nor the Fiscal Agent shall be affected by any notice to the contrary. 7. Regulations With Respect to Exchanges and Transfers. In all cases in which the privilege of exchanging or transferring Bonds is exercised, the City shall execute and deliver Bonds in accordance with the provisions hereof All Bonds surrendered in any such exchanges or transfers shall forthwith be cancelled by the Fiscal Agent. For every such exchange or transfer of bonds, the City or the Fiscal Agent may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, and may charge a sum sufficient to pay the cost of preparing each new bond issued upon such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. The City shall not be obliged to make any such exchange or transfer of Bonds between the last business day of the month preceding an interest payment date and such interest payment date. 8. Sale of Bonds. The Bonds are hereby sold at private sale to BFSA for the purchase price of $29,000,190.70 plus accrued interest from the date of the Bonds (May 3, 2007) to the date of delivery of and payment for the Bonds. Pursuant to Section 57.00 of the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York, as amended, the terms and conditions of such sale are subject to the approval of the State Comptroller. Delivery of the Bonds to the purchasers thereof shall be effected on or about May 3, 2007, upon receipt by the City of the purchase price of the Bonds, and (ii) deposit of the Bonds. 9. Form of Bonds. Said Bonds shall be in substantially the form set forth in Appendix B hereto. I HEREBY FURTHER CERTIFY that the powers and duties delegated to me to issue and sell the bonds hereinabove described and referred to are in full force and effect and have not been modified, amended or revoked. I have hereunto set my hand as of this 27 day of April, 2007 RECEIVED AND FILED NO. 7 Audit Report - Division of Parking Enforcement 1/1/2006 - 6/30/2006 We have performed an audit of the "mini -tow" records of the Division of Parking Enforcement and the Buffalo Police Department and present herewith our findings for the period January 1 st, 2006 through June 30 2006. We present here our conclusions for the period described, as well as other such findings as we believe are appropriate. Our examination was made in accordance with standards established by the Institute of Internal Auditors, and included such procedures as we considered necessary under the circumstances. In our opinion, the accompanying comments present fairly the operations for the period then ended in conformity with generally accepted municipal auditing principles applied on a basis consistent with that of the preceding period. It was our objective to review the procedures for "mini- tows ", the towing of illegally parked vehicles to legal parking areas, by the Division of Parking Enforcement and the Department of Police. We have added comments and suggestions on management and overall efficiency as our investigation uncovered circumstances that warranted such comments and suggestions. In order to meet our objective we followed the following procedures: 1) We reviewed a report of all tickets written for the period January 1, 2006 to June 30, 2006 for all parking tickets that included a fine for towing. We then verified this report against Police Department and Parking Enforcement towing logs. 2) From this report, we selected and analyzed a sample of 83 tickets to determine if the summonses were properly filled out and if the vehicles were actually towed. 3) We reviewed the procedures established by the Division of parking Enforcement and the Department of Police in regards to towing illegally parked vehicles. 4) We reviewed the procedures for calling tow truck operators for towing illegally parked automobiles by both departments. 5) We reviewed the contracts with the private tow truck operators to determine the right charges were used. Our findings and recommendations are explained in greater detail in the attached Audit Report. There were seven specific comments from the Audit team. A copy of the report was discussed with the staff of the Division of Parking Enforcement in an exit interview on March 22, 2007. We would note that the Mayor's Administration has promptly taken positive steps towards addressing the improper towing fines and established procedures to ensure that this circumstance will not take place in the future. We further thank the Director and staff of the Division of Parking Enforcement for their courtesy and cooperation during the performance of the audit. Our conclusions are summarized below. 83% or 69 of the sample were fined but not towed, and less than half of those appealed (43 %) and were adjudicated as forgiven. Since so many tickets are likely to be improper, a full review is recommended. All voided tickets should be attached to the Mini -Tow form implemented in the new procedures for review by hearing officers or any appropriate party: The Police Dispatcher should be contacted to determine if the Police tow truck is available before a private tow truck operator is notified thereby decreasing the cost to the City. When using private tow trucks, all invoices should have detail as to the number of vehicles towed, the type of tow performed, and the rate of tow. There should be a formal process in the selection of private tow truck companies utilized by the City and those in use should be called on a rotational basis. Voided tickets should only be issued for mini -tows are required by departmental policy. Only the Senior Administrative Assistant or Administrative Assistant should be responsible for forgiving tickets outside of an administrative hearing. We have noted our concerns within the audit and await the Director of Parking Enforcement's formal response to the Council. If you have any questions in the meantime, the Department of Audit and Control would endeavor to provide an answer. REFERRED TO THE COMMITTEE ON FINANCE, NO. 8 Bond Closeout $830,000 Change of Purpose Item No. 86, C.C.P. 3/20/07 In response to your request to have Special New York State Legislation drafted that would allow the City to change the use of Bond Sale proceeds: Pursuant to the City's capital improvement plan, the intended purpose of bonds was the rehabilitation and reconstruction of various streets, curbs and sidewalks (Homeownership Zone, including asphalt pavement milling /resurfacing, curbing, highway storm drainage, sidewalks, street lighting, traffic control systems, and other related fight of way enhancements on existing City streets within the Homeownership Zone) and not for the removal of dead or diseased trees. Subsequent to such resolution the Common Council will request the enactment of special New York State legislation to authorize the expenditure of the $830,000 proceeds of such bonds for such intended objects or purposes. REFERRED TO THE COMMITTEE ON FINANCE NO. 9 Interfund Cash Loan Certain Federal and State aided programs require a cash advance until the program is operating and reimbursement is received. I have reviewed the program listed below and determined the cash needs to be warranted. I have approved an interfund cash loan to be made in the maximum amount of $1,346,300 as needed subject to your approval. Loan is payable at date of reimbursement. FROM: 1000 - General Fund TO: 2300 - NYS Special Revenue - State Program (2422) GRANT TITLE: October 2006 Storm Reimbursement (Hazardous Tree /Limb Removal) FEMA- 1665 -DR- NYGRANT AGENCY: Federal Emergency Management Agency /State Emergency Management Office GRANT AMOUNT: $1,346,300.00 (Tree Removal) LOAN AMOUNT: Maximum of $1,346,300.00 Estimated Date of Repayment: June 30, 2008 Mr. Bonifacio moved: That the above communication from the Comptroller dated April 26, 2007, be received and filed; and That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund to 2300 - NYS Special Revenue - State Program (2422) in the amount of $1,346,300.00 (Tree Removal). The loan will be payable at date of reimbursement. PASSED AYES — 9 NOES — 0 NO. 10 Interfund Cash Loan Certain Federal and State aided programs require a cash advance until the program is operating and reimbursement is received. I have reviewed the program listed below and determined the cash needs to be warranted. I have approved an interfund cash loan to be made in the maximum amount of $1,760,000 as needed subject to your approval. Loan is payable at date of reimbursement. FROM: 1000 - General Fund TO: 3000 - Capital Projects Fund (3161) GRANT TITLE: CN Railroad Bridge Over Route 190 NYS Thruway PIN 5757.20 GRANT AGENCY New York State Department of Transportation GRANTAMOUNT $1,760,000 LOAN AMOUNT Maximum of $1,000,000 Estimated Date of Repayment: June 2008 Mr. Bonifacio moved: That the above communication from the Comptroller dated April 26, 2007, be received and filed; and That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund to 3000 - Capital Projects Fund (3161) CN Railroad Bridge Over Route 190 NYS Thruway PIN 5757.20 in the amount of $1,760,000.00. The loan will be payable at date of reimbursement. PASSED AYES — 9 NOES — 0 NO. 11 APPT ASST ACCT CLERK Effective 4/2/07 Title Associate Account Clerk Department of Audit and Control Division of Audit Permanent Starting Salary of $31,538 Judy Banks 584 LaSalle Ave Buffalo, NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE PRESIDENT OF THE COUNCIL NO. 12 The City of Buffalo Common Council hereby announces its schedule of Meetings and Budget Hearings to be held in the Council Chambers on the 13 floor of City Hall during the period of May 1 through May 81 2007. The schedule can also be found at the City of Buffalo home page at http.11www.ciO-- buffalo.com. The Council's Budget Hearings provide a public forum for review and comment on the presentations by city departments and allied agencies of their ability to: o Operate within the scope of the Mayor's Recommended Budget for Fiscal Year July 1, 2007 through June 30, 2008; o Implement the initiatives in the Common Council's 2007 -2008 Action Plan; o Comply with City Charter and Code mandated duties and responsibilities; and o Attain the goals and objectives of their respective organization. The Council's Budget Hearings are a very important and critical aspect of the budgetary process, and every effort will be made to adhere to the schedule provided. We request the assistance of all attending by: o Arriving promptly for the appointed meeting time; o Adhering to the rules of order as prescribed by the attending Council Chairperson; o Ensuring that Department, Agency and Organization representatives are knowledgeable of budgetary matters and are prepared to address questions raised by those in attendance; and o Monitoring the City's Home page (see above) for unanticipated schedule changes. If you have any questions regarding the above, please call 851 -4361. REFERRED TO THE COMMITTEE OF THE WHOLE NO. 13 BUFFALO PUBLIC SCHOOLS PHASE III RECONST The Buffalo City School District (the "District ") proposes to continue to undertake the Reconstruction, Modernization and Improvements Project (the "Project ") involving additions and alterations to Buffalo Public Schools 027, 032, 043,045,076, 195, 205, 206, and 301. Enclosed is Part I of the State Environmental Quality Review Act's ( "SEQRA ") Full Environmental Assessment Form with detailed project descriptions attached including information responsive to the City of Buffalo Addendum to the Full Environmental Assessment Form. In 2002, the entire Project, as then Contemplated, was reviewed under SEQRA, and a determination was made that the Project would not have a significant adverse impact on the environment. In 2004, Phase II of the Project was more specifically defined and reviewed under SEQRA, and it was again determined that the Project would not have a significant adverse impact on the environment. More specific details of the currently proposed Phase m of the Project have been defined, and the District seeks to confirm its previous designation of lead agency as it reviews Phase HI. Although the proposed Project may not be a Type I action under the SEQRA and the Environmental Review Ordinance provisions of Chapter 168 of the Code of the City of Buffalo ( "CERO "), the District wishes to coordinate the SEQRA and CERO review of the Project. In accordance with standard procedures for school projects with the State Education Department's funding assistance, the District was previously designated to act as lead agency for the State Environmental Quality Review process required by 6 NYCRR Part 617. As you may be aware, the SEQRA regulations provide that agencies which have a discretionary approval regarding a project are considered to be "involved agencies" and are asked to state their interests and comments regarding the selection of the lead agency and the potential impacts of the action under consideration. The District has identified the following agencies as parties that may have an approval or funding decision regarding Phase III: City of Buffalo Buffalo Fiscal Stability Authority Erie County Industrial Development Agency Joint Schools Construction Board Buffalo Municipal Housing Authority The District wishes to obtain the above agencies' confirmation of the District acting as lead agency for Phase 111. If you agree that the District should continue to act as the lead agency for Phase 111, please sign below and return this letter (please keep a copy for your files) via facsimile (851 -3527) to the District (with a copy to Scott Lupiani of Hodgson Russ, LLP at (819 -4670) as soon as possible as the District wishes to expedite the confirmation process and would appreciate your assistance. If your agency will not have a discretionary decision regarding the Project, then it is an "interested agency" which does not participate in the selection of the lead agency. However, the enclosed information is being sent to you as a Courtesy, and we welcome any comments you may have regarding the Project. The District has determined that the following agencies are interested agencies and provides the enclosed Environmental Assessment Form with Project Information Sheets as a courtesy. New York State Department of Environmental Conservation New York Slate Office of Parks, Recreation and Historic Preservation ( OPRHP) Please take note that OPRHP has already been consulted and provided comments regarding the historical classifications of the individual schools (information received from OPRHP has been incorporated in the enclosed Environmental Assessment Form with Project Information Sheets), and will continue to be consulted, as appropriate. Thank you for y9ur attention to the lead agency confirmation request and cooperation on this Project. Mr. Bonifacio moved: That the above communication from the Common Council President, dated April 20, 2007, be received and filed; and That the Common Council hereby consents to the City of Buffalo Central School District to act as Lead Agency for the proposed Phase 1]] Capital Improvements Project. PASSED AYES - 9 NOES -0 NO. 14 SUPPORT FOR RIVERWRIGHT ETHANOL PLANT OLD 1ST WARD COMMUNITY CENTER Monday, April 09, 2007 David Francyk, Council President Members of the Common Council City of Buffalo Buffalo, NY 14202 Dear Council President Franczyk and Members of the Common Council: I am writing on behalf of the Board of Directors of the Old First Ward Community Association, Inc. in support of the Riverwright Ethanol Plant project on Childs Street. This project is a matter of great interest to the Board and the members of the Association, almost all of whom are residents of the Old First Ward, directly across the Buffalo River. There is a vocal minority in the neighborhood, who opposes this project in the strongest possible terms. They have been a source of dissension, recrimination and misinformation about many aspects of the project. The overwhelming majority of residents have taken a quieter view. A respectable number of people have spent a good deal of time reading the reports and searching the internet at the Old First Ward Community Center, educating themselves on the issues surrounding the ethanol plant. The attending Board members voted unanimously at their April 9 meeting to communicate their support for Riverwright. The consensus is that this is a good reuse of a derelict property, and a good first step towards revitalizing the waterfront. The Riverwright project is complex, new, and forward - looking. We realize that we do not have all the answers for every question at this time. We are greatly encouraged by the process so far, which has been open, informative and inclusive. We fully intend to keep the lines of communication open with Riverwright, the Old First Ward community, and the City of Buffalo. RECEIVED AND FILED FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 15 MBBA LIENS CHARGED OFF AND MBBA LIENS RETAINED SPECIAL COMMITTEE ON COMMUNITY DEVELOPMENT APRIL 19, 2007 This is in response to the request made at the Special Meeting of the Committee on Community Development held on April 19, 2007 in the Common Council's Conference Room, 1417 City Hall, concerning issues relative to MBBA parcels. We are filing the attached list of 646 parcels where MBBA has charged off the liens. The list includes property address, owner name, property class code, property description and council district. The properties are grouped according to property class description, i.e., whether residential dwelling (1, 2 or 3 family), residential, commercial or industrial vacant land, etc. These parcels are filed on the City of Buffalo In Rem 41 Foreclosure List for sale on October 22, 23 and 24, 2007. I am firing this information with the Common Council since there was an issue as to how many vacant land parcels were included. I am also filing a list of 778 parcels where the tax liens are still held by MBBA. This list also includes property address, owner name, property class code, property description and council district. The properties are grouped according to property class description, i.e., whether residential dwelling (1, 2 or 3 family), residential, commercial or industrial vacant land, etc. I stated at the April 19, 2007 meeting of the Special Committee on Community Development that I would provide each Councilmember with copies of the lists. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE CO —NER OF ECONOMIC DEVELOPMENT PERMITS AND INSPECTIONS NO. 16 DEMOLITION OF 171 SMITH STREET (EXC. 1 & 3 RES) ITEM # 30, C.CP. 4/3/07 This is in response to the April 4, 2007 communication from the Common Council requesting information and comments regarding the above item. The parcel assessed as 171 Smith Street is owned by Michael J. Lares, Jr., whose mailing address is 171 Smith Street, Buffalo, New York 14210. According to Department of Assessment and Taxation records, real property taxes are owed to the City of Buffalo for the years 2003 through and including 2006 -07 totaling $10,512.54. Tax liens for the years 2001 and 2002 were sold to the Municipal Bond Bank Agency ( "MBBA "). As you are aware, the City is prohibited from foreclosing on properties where prior liens were sold by the City to MBBA. The City cannot take ownership unless MBBA discharges the liens which would then allow the City to pursue tax foreclosure for the liens that are held by the City of Buffalo. RECEIVED AND FILED FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 17 NOTIFICATION SERIAL # 10153 REPEALNO PARKING ON SCOTT STREET, NORTH SIDE BETWEEN A POINT 98' WEST OF THE EAST BUILDING LINE OF #204 SCOTT STREET (EXTENDED) AND A POINT 25 FEET WEST THEREFROM [: FILLMORE DISTRICT NO PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Scott Street, north side At all times between a point 98' west of the east building line of #204 Scott Street (extended) and a point 25' west therefrom This action is being taken at the request of the Fillmore District Coucilmember. (see next 5 serials) NOTIFICATION SERIAL #10154 PERMISSIVE PARKING - REPEAL ON SCOTT STREET, NORTH SIDE BETWEEN THE EAST BUILDING LINE (EXTENDED) OF #204 SCOTT STREET AND A POINT 200' WEST THEREFROM FILLMORE DISTRICT PERMISSIVE PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PERMISSIVE PARKING PERMISSIVE PARKING LOCATION PERIOD OF PERMISSIVE PARKING - DAILY Scott Street, north side 1/2 hour parking 7 a.m. to 7 p.m. Except Sunday between the east building line (extended) of #204 Scott Street and a point 200' west therefrom This action is being taken at the request of the Fillmore District Councilmember. (see previous 1 and next 4 serials) NOTIFICATION SERIAL #10155 INSTALL NO STANDING ON SCOTT ST., NORTH SIDE BETWEEN EAST MARKET STREET AND THE WEST PROPERTY LINE (EXTENDED) OF #236 SCOTT STREET FILLMORE DISTRICT NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Scott Street, north side At all times between East Market Street and the west property line (extended) of #236 Scott Street This action is being taken at the request of the Fillmore District Councilmember. (see previous 2 and next 3 serials) RECEIVED AND FILED NO. 18 886 TONAWANDA STREET ENCROACHMENT INTO CITY RIGHT OF WAY (NORTH DISTRICT) Mr. Ron Calandra, Executive Director of Hearts for the Homeless, located at 886 Tonawanda Street, has requested permission to encroach City right of way with a building addition. The addition would accommodate an enclosed stairwell leading to the second floor of the existing building and be located primarily on private property. However, a small triangular portion of the addition measuring approximately 50 square feet would encroach City right of way on Tonawanda Street. A minimum of 12 feet of public sidewalk would remain after said encroachment. The Department of Public Works, Parks and Streets has reviewed this application pursuant to Chapter 413, Section 67 (Encroachment Regulations) of the City Charter and recommends that Your Honorable Body refer this item to the Planning Board for the necessary site plan review and approval. If approved by the Planning Board and Your Honorable Body the Commissioner will issue a "Mere License" for said encroachment provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation including a building permit. 2. That the addition be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3. That the encroachment does not exceed 50 square feet in area or project more than 4.5 feet from the property line into City right of way. 4. That the applicant be responsible for relocation of any underground utilities affected by the installation of said addition. In the event that the Commissioner of Public Works, Parks and Streets determines the encroachment must cease as a result of factors effecting the health, safety and welfare of the public, or the needs of the City, said Commissioner may order the immediate removal of said encroachment as described in Chapter 413 -67 (G) of the City Charter. That the applicant supply the City of Buffalo with a construction in street bond and /or certificate of insurance, in an amount determined sufficient by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said encroachment. Mr. Bonifacio moved: That the above communication from the Department of Public Works, Parks and Streets dated April 24, 2007 be received and filed; and That the Acting Commissioner of Public Works, Parks and Street be, and he hereby is authorized to issue a "mere license" to Mr. Ron Calandra, Executive Director of Hearts for the Homeless, located at 886 Tonawanda Street, applicant, to encroach City right of way of approximately 50 square feet at 886 Tonawanda Street, subject to the conditions as listed above. PASSED AYES - 9 NOES -0 NO. 19 REPORT OF BIDS 2007 CITYWIDE TREE TRIMMING (CITY WIDE) I advertised on April 4, 2007 and have received the following bids for the 2007 Citywide Tree Trimming contract, which were publicly opened & read on April 18, 2007. General Contractor Base Bid Unit Bid Increase Scott Lawn Yard, Inc. $296,015.00 $325,616.50 5552 Townrine Road Sanborn, NY 14132 Schneck's Tree Removal, Inc. $308,035.00 $338,838.50 2861 Southwestern Blvd. Orchard Park, NY 14127 Titan Development, Inc. $860,000.00 $946,000.00 8534 Seaman Road Gasport, NY 14067 1 hereby certify the foregoing is a true and correct statement of the bids received and that Scott Lawn Yard, Inc. of Sanborn, NY is the lowest responsible bidder in accordance with the plans and specifications; and that the contract amount is $325,616.50 ('$296,015 + 10% = $325,616.50). 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 $350,000 and funds for this work are available in account #13111007 - 471010. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated April 25, 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 2007 Citywide Tree Trimming contract, to Scott Lawn Yard, Inc., the lowest responsible bidder, in the amount of $325,615.50 ($296,015 + 10% = $325,616.50). Funds for the project are available in #13111007-471010. PASSED AYES - 9 NOES -0 NO. 20 REPORT OF BIDS PARKSIDE LODGE SITE WORK JOB #0716 DELAWARE DISTRICT I advertised for on March 20, 2007 and received the following sealed formal bids for the Parkside Lodge, Site Work, which were publicly opened and read on April 11, 2007. General Construction Base Bid Alt #1 Alt #2 Alt #3 Alt #4 Pinto Construction $43,500 $3,900 $3,100 $2,700 $3,400 1 Babcock, Buffalo, NY Titan Development $55,495 $4,000 $3,500 $2,650 $2,900 8534 Seaman Rd., Gasport, NY Gleason's Nursery $56,688 $5,391 $4,440 $4,640 $4,570 4780 Sheridan, Buffalo, NY NFP & Sons Trucking & Exc $57,500 $5,750 $5,000 $4,000 $3,000 7311 Ward, North Tonawanda, NY Scott Lawn Yard, Inc. $62,900 $5,700 $4,900 $3,300 $4,500 5552 Towline, Sanborn, NY Occhino Corp. $65,400 $7,300 $7,000 $4,500 $2,800 2650 Seneca, West Seneca, NY Wilsandra Corporation $65,444 $5,800 $5,300 $4,100 $3,200 300 Camden, Buffalo, NY Alternate #1 - Add: Asphalt path on north side of Lodge. Alternate #2 - Add: Asphalt path on east side of Lodge. Alternate #3 - Add: Asphalt path on south side of Lodge. Alternate #4 - Add: Work on concrete terrace at south end of Lodge. I hereby certify that the foregoing is a true and correct statement of all bids received and that Pinto Construction, with a base bid of $43,500.00, add Alt. #1 for $3,900.00, add Alt. #2 for $3,100.00, add Alt. #3 for 2,700.00, add Alt. #4 for $3,400, for a total bid of Fifty Six Thousand Six Hundred and 00/100 Dollars ($56,600.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. Funding for this project is available in 384001206 - 445100 - Buildings. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated April 16, 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 Parkside Lodge, Site Work, Job #0716, to Pinto Construction with a base bid of $43,500.00, add Alt. #1 for $3,900.00, add Alt. #2 for $3,100.00, add Alt. #3 for $2,700.00, add Alt. #4 for $3,400, for a total bid of $56,600.00. Funds for the project are available in 384001206 - 445100 - Buildings. PASSED AYES - 9 NOES -0 NO. 21 REPORT OF BIDS RESURFACING OF CITY PAVEMENTS CITY -WIDE - 2007, GR. #667 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 Plus 10% Increase Catco 1266 Townline Road, Alden, NY 14004 $2,268,826.32 $2,495,708.95 Destro & Brothers Concrete Co., Inc. $2,398,212.00 $2,625,094.63 411 Ludington Street, Buffalo, NY 14206 Villager Construction, Inc. $2,677,766.00 $2,904,648.63 425 Old Macedon Ctr.Rd., Fairport, NY 14450 'Adjusted Amount I hereby certify that the low bidder for the above project is Catco. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $2,495,708.95 ($2,268,826.32 base bid + 10% increase $226,882.63 = $2,495,708.95 ). Funds for this work are available in Capital Project Account #30032106 and a infrastructure account to be established after the 2007 Spring bond sale. The engineer's estimate for this work is $2,500,000.00. Attached is a list of candidate streets per Councilmatic District. 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 27, 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 12, 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 Resurfacing of City Pavements City Wide 2007, Group #667, to Catco, the lowest responsible bidder, in the amount of $2,495,708.95 ($2,268,826.32 base bid + 10% increase $226,882.63 = $2,495,708.95). Funds for the project are available in Capital Project Account #30032106 and an infrastructure account to be established after the 2007 spring bond sale. PASSED AYES - 9 NOES -0 NO. 22 CHANGE IN CONTRACT SHOSHONE POOL EMERGENCY TREATMENT SYSTEM REPLACEMENT JOB #0721 UNIVERSITY DISTRICT ITEM NO. 26, CCPO4 /03/07 The Commissioner received emergency costs for City Pool Repairs on April 30, 2007. He has determined that this initial work needs to be done for the pools to open. 1.JFK Pool - Replace missing /damaged main drain grates and filtered water inlet grates as necessary. Add $ 2,826.00 2. MLK Park Pool - Replace the main drain grate. Add $ 2,260.00 3. Shoshone Pool - Fabricate a new filter pit ladder. Add $ 1,830.00 4. Crowley Wading Pool - Provide new filter elements, paint and weld pump support; replace main drain grates and the filter pit drain plug. Add $6,010.00 5. Riverside Pool - For investigation and repair of the south end return lines. Add $10,000.00 6. Kensington Pool - To repair leak at the main drain box. Add $ 3,050.00 7. Masten Pool - Repair the main drain grate. Add $ 2,525.00 The foregoing change results in a net increase in the contract of Twenty Eight Thousand Five Hundred One and 00/100 Dollars ($28,501.00). Summary Current Contract Amount $39,380.00 Amount of This Change Order ( #1) $28,501.00 Revised Contract Amount $67,881.00 The Department of Public Works, Parks & Streets will increase the contract with Numarco., Inc. in the amount of Twenty Eight Thousand Five Hundred One and 00/100 Dollars ($28,501.00). Funds for this work are available in 38320906 445100 - Division of Buildings. Mr. Bonifacio moved That the Common Council hereby authorizes an increase in the contract between the City of Buffalo and Numarco in the amount of $28,501.00 related to emergency treatment system replacement at Shoshone pool PASSED AYES - 9 NOES -0 NO. 23 INCREASE IN CONTRACT REPLACEMENT OF STREET LIGHT STANDARDS GROUP 660 ASHLAND AVENUE, TIFFT STREET, VARIOUS CITYWIDE C.C.P.05 /30/06 I hereby submit to Your Honorable Body the following changes for additional Street Light Standards for various locations Citywide. Additional work necessary for: 1. Replacement of Knockdown City -owned Standards $ 53,100.00 (18 x $2950.00) 2. Installation of Additional Post -Top Mounts $ 5,400.00 (6 x $900.00) 3. 2" Conduits $ 2,240.00 (280 x $8.00) 4. 18" Pullbox $600.00 (1 x $600.00) ADD $61,340.00 Galvanized High Strength Couplings (Not Used) DEDUCT -$1,500.00 $59,840.00 The foregoing change results in a net increase in the contract of fifty -nine thousand eight hundred forty dollars ($59,840.00). Current Contract Amount $228,965.00 Amount of this Change Order Add $59,840.00 Revised Contract Amount $288,805.00 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 30032106 and future bond account established after the 2007 spring bond sale. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April 24, 2007, he received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, an increase in the amount of $59,840.00, as more fully described in the above communication, for work relating to Replacement of Street Light Standards, Group 560, Ashland Avenue, Tifft Street, Various Citywide. Funds for this project are available in 30032106 and future bond account established after the 2007 spring bond sale. PASSED AYES - 9 NOES -0 NO. 24 PERMISSION TO ENTER INTO AGREEMENTS W /NYSDOT PROVIDE MATCHING FUNDS PORTER AVE. RECONSTRUCTION NIAGARA ST. TO SYMPHONY CIRCLE PIN #6767.16 Permission is requested from Your Honorable Body to authorize the Mayor of the City of Buffalo to enter into all necessary agreements with the New York State Department of Transportation (NYSDOT) to administer, design, bid and construct streetscape improvements included in the Porter Ave. Reconstruction Project. This project involves curbing, sidewalk, paving, street lighting and other right of way enhancements In addition, permission is requested for the City to hire an engineering consultant and commit funding necessary for first instance costs and all related Federal and Non - Federal shares of project costs. The City of Buffalo's share of costs for this project is anticipated to be 5 %. Costs estimates for the work, including engineering are $2 million dollars. The City's share of costs will be available in a Capital Project Account, which has been approved as part of the City's 2007 Capital Budget. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated April 25, 2007 be received and filed; and That the Mayor be, and he hereby is authorized to enter into all necessary agreements with the New York State Department of Transportation, PIN #5757.15 to administer, design, bid and construct streetscape improvements included in the Porter Avenue Reconstruction Project. The City's share of costs will be available in Capital Project Account, which as been approved as part of the City's 2007 Capital Budget. AYES - 9 NOES -0 NO. 25 CERTIFICATE OF APPOINTMENT Appointment Effective: April 16, 2007 in the Department of Public Works, Parks & Streets, Division of Water to the Position of Water Meter Mechanic Temporary Appointment at the Intermediate Starting Salary of $31,195 Charles E. Marshall, 104 Northampton Street, Buffalo, New York 14209 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 26 SEIZED VEHICLE The Buffalo Police Department hereby requests permission from your honorable body to utilize current drug asset forfeiture funds to cover administrative /seizure fees to the U.S.Marshalls Office for one vehicle recently seized by the Buffalo Police Department. The vehicle is a 2002 Chevrolet, it must be assigned to the Narcotics Squad as mandated through the Drug Asset Forfeiture guide book and will be utilized in future undercover operations. The total funds to be spent to cover the fees will be $7,034.95. If you have any questions, please contact me at 851 -4531. Mr. Bonifacio moved: That the above communication from the Police Department dated April 25, 2007, be received and filed; and That the Commissioner of Police be, and he hereby is authorized to utilize drug asset forfeiture funds in the amount of $7,034.95 to purchase a 2002 Chevrolet. PASSED AYES - 9 NOES -0 FROM THE COMMISSIONER OF FIRE NO. 27 PURCHASE HEAVY DUTY PICK -UP TRUCK We are requesting approval to purchase one heavy duty pick -up truck. This vehicle will replace f -142, a 1987 chevrolet, 4 wheel pick -up with plow used by the alarm office and repair shop. This vehicle is in very poor condition and needs to be replaced. There are sufficient funds in our capital outlay account to purchase said vehicle. We are also requesting permission to scrap vehicle F -142. Mr. Bonifacio moved: That the above communication from the Commissioner of Fire dated April 20, 2007, be received and filed; and That the Commissioner of Fire be, and he hereby is authorized to purchase one heavy -duty pick -up truck and to scrap Vehicle F -142 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. 28 Residential Overlay Parking District I am an Assistant Corporation Counsel for the City of Buffalo and attorney for the City of Buffalo Common Council. Enclosed please find a referral along with complete record related to an application for the creation of a Residential Overlay Parking District in an R -2 zone in the City of Buffalo. This referral is made in accordance with General Municipal Law §239 -M as the proposed Overlay District is believed to be within 500 feet of a state road specifically Delaware Avenue. The Common Council is currently reviewing this application and will hold a Public Hearing on April 24, 2007 at 2:00 p.m. in the Buffalo Common Council Chambers. If you have any questions or concerns, please do not hesitate to contact me directly at 851 -4116. Thank you for your assistance with this matter. RECEIVED AND FILED NO. 29 CREATION OF RESIDENTIAL OVERLAY DIST The proposed action described herein is referred in accordance with the provisions of the General Municipal Law, which provides that it" no reply is received in 30 days after receipt of full information including a SEQR EAF if applicable, the municipal agency may take final action without Considering such reply. If, however, reply is received at any time prior to municipal action, such reply must be considered. Description of Proposed Action 1. Name of Municipality: City of Buffalo 2. Hearing Schedule: Date 4 /24 /07 Time 2:00 pm Location Common Council Chamber 3. Action is before: Legislative Body 4. Action consists of: Other 5. Location of Property: West Utica St Between Elmwood Ave and Atlantic Ave 6. Referral required as site is within 500' of: State Highway Delaware Ave 7. Proposed change or use (be specific): Creation of Residential Overlay Parking District in R2 Zone Pursuant to 511 -66 of the City of Buffalo code 8. Other remarks None 9. Submitted by: Peter J. Savage III Assistant Corporation Counsel 1130 City Hall Buffalo, NY 14202 (716) 851 -4116 04/18/2007 Reply to Municipality be Erie County Division NO recommendation proposed action has been reviewed and determined to be of local concern RECEIVED AND FILED FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES No. 30 Addressing the Over 600 MBBA Properties Going to the October Res #102, C.C.P. December 12, 2006 1 am writing in response to your request to comment on Resolution # 102 CCP, "D. Franczyk Explore Using Part of City's Surplus for Residential Demolitions" The Department of Economic Development, Permit & Inspection Services is currently preparing a comprehensive report to address this and other issues raised by the Common Council and others relating to residential demolitions. The report is to address a number of critical areas, including: strategy, funding, and planning. We will see to it that the Common Council receives a copy in a timely manner, upon completion. If you have further questions, I would be happy to discuss this matter with you. RECEIVED AND FILED No. 31 Amendments to the Rental Registration Legislation Enhancing the Rental Registration Program On April 22, 2005 amendments were made to sections 264 -13 & 264 -21 of the Rental Registration Program Legislation. (See attachments). However, to date, these amendments have not been implemented for the following reasons. Amendment allowing for the issuance of a $75.00 fine for non - compliance. It is not clear how or by whom these summonses should be issued. These fines could conceivably generate an estimated $540,000 annually. Amendment to create a T &A account for the sole purpose of this program. This was to be effective at the start of the current (2006 -2007) fiscal year. Upon bringing this to the attention of Donna Estrich in the Department of Budget, I was advised that such an account would not be possible. Currently, all funds generated by the Rental Registration Program are deposited into the general fund. The result is our inability to acquire the additional staff and resources as was originally planned and since permitted in the amendment. Through the efforts of this department we have been able to: Hold absentee landlords accountable for their properties, such as Jessica Doucette who had been remanded to jail on an original 1 million dollar bail for her numerous housing violations involving her 61 properties in the city. This was made possible in part through our skip trace efforts and assisting the Buffalo Police Department and Building Inspectors with their cases and investigations. Provide immediate owner contact information to the Demolitions Department in cases where a need for an emergency demolition existed as the result of fire, such as a recent event at 227 Townsend. Listen to and address the concerns of property owners regarding the necessity of the Rental Registration Program. For example: Amos Smith Jr., owner of 14 rental dwellings who had been 2 years in arrears and is now compliant. Additionally, we have recently assisted the Erie County District Attorneys office with their investigation into fraudulent "STAR" tax exemptions. A search of our records discovered over 800 possible cases of fraud that were turned over to the ECDA. While this program has produced positive results, much more needs to be and can be accomplished with the addition of needed staff and technical resources that will enhance our capabilities. These enhancements will also ultimately be of a benefit to the Building Inspectors in the field and the Departments of Police and Fire. Attached you will find copies of the aforementioned amendments and a Rental Registration update sheet detailing the current and potential revenues. I thank you for your consideration to these matters and await your response. REFERRED TO THE COMMITTEE OF THE WHOLE NO. 32 Food Store License 1172 Broadway (Fillmore) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1172 Broadway (Mazin Deli) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. Tiffs request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 33 Food Store License 1064 Elmwood (North) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1054 Elmwood (Cameron's 24 Hour Store) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Bonifacio moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated March 30, 2007, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Paul Antonio, located at 1054 Elmwood. PASSED AYES — 9 NOES — 0 NO. 34 Scrap Processor 640 East Delavan (Masten) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that 1 have examined the attached application for a Scrap Processor Dealer License located at 540 East Delavan and find that as to form is correct. I have caused an investigation into the premises for which said application for a Scrap Processor 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 Danny Dunn. The attached thereto for Danny Dunn d /b /a Dunn Auto Parts Inc. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 36 Restaurant Dance License (RENEWAL) 1 Main HSBC Arena (Ellicott) Headline Bar Harbor Club - Level 1 Harbor Club - Level 2 Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 1 Main (HSBC Arena, Headlines Bar, Harbor Club Level 1 & 2) for which said renewal application for a Restaurant Dance Class IU license is being sought by HSBC Arena and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Bonifacio moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated April 16, 2007, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Restaurant Dancing License to HSBC Arena, located at 1 Main Street (Headlines Bar, Harbor Club Level 1 & 2). PASSED AYES — NOES — 0 NO. 36 Sidewalk Cafe License 431 Elmwood (Ellicott) The Common Council approved a sidewalk car6 for the restaurant located at 431 Elmwood. The Office of License issued this license on April 5, 1999. The restaurant, formerly known as Solid Grounds, is now owned by Ida Campagna. Ms. Campagna has requested permission to install a similar cafe. 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. Bonifacio moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated April 9, 2007, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to issue a "mere license" to Ida Campagna to install a sidewalk car6 12 x 5, located at 431 Elmwood. PASSED AYES — 9 NOES —0 NO. 37 Sidewalk Cafe License 484 Elmwood (Niagara) The Common Council approved a sidewalk caf6 for the restaurant located at 484 Elmwood on May 30, 1995 (C.C.P. #37). The restaurant, formerly known as Subway, is now owned by Michael Pijanowski (Europa Bistro). Mr. Pijanowski has requested permission to install a similar cafe. 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. Bonifacio moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated April 19, 2007, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to issue a "mere license" to Michael Pijanowski to install a sidewalk caf6 11' 5" x 7' with wrought iron railings, located at 484 Elmwood Avenue. No. 38 Sidewalk Cafe License 45 West Chippewa (Ellicott) The Common Council approved a sidewalk caf6 for the restaurant located at 45 West Chippewa on May 30, 1995 (C.C.P. #37). The restaurant, formerly known as Big Shotz, is now owned by Randall Pfeifer. Mr. Pfeifer has requested permission to install a similar cafe 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. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 39 2007 -2008 Special District Vending Site Map In accordance with City of Buffalo Ordinance §316 -44 attached is the 2007 -2008 Master List for Special District Vending Sites submitted to the Office of License by Buffalo Place. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 40 Wholesale Junk Dealer 540 East Delavan (Masten) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Wholesale Junk Dealer License located at 540 East Delavan and find that as to form is correct. I have caused an investigation into the premises for which said application for a Wholesale Junk 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 Danny Dunn. The attached thereto for Danny Dunn d /b /a Dunn Auto Parts Inc. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE BOARD OF EDUCATION NO. 41 STUDENT MEMBERS TO EDUCATION COMMITTEE The Buffalo School District is very pleased at the request from the Buffalo Common Council to add two BPS of our Inter - High Council to your Education Committee. The names of the two students will be 1. Chelsea Rush 2. Myron Rogers Please contact either myself or Carmen Milioto at 816 -3702 to discuss what is required and a schedule of dates and times for meetings. Thank you. RECEIVED AND FILED STUDENT GROUP NO. 42 Composite Report on District Dropouts Summary of 2004 - 2005 Dropout Data NUMBER OF ENROLLMENT DROPOUT DROPOUTS RATE All Students 1032 11468 9% General Education 746 8881 8.4% Students w /Disabilities 286 2587 11.1 % Native American 18 171 10.5% Asian or Pacific Islander 6 142 4.2% African American 602 6382 9.4% Hispanic 143 1279 11.2% White 263 3494 7.5% Female PERCENTAGE Male English Proficient Limited English Proficient Economically Disadvantages Not Economically Disadvantages Migrant Not Migrant District Dropout Percentages BPS DROPOUT PERCENTAGES YEAR 1991- 1995- 1996- 1997 - REFERRED TO THE COMMITTEE ON EDUCATION 55 527 10.4% 536 8488 6.3% 496 2980 16.6% 5 10 50% 1027 11458 9% 1998- 1999- 2000- 2001- 2002- 2003 2004- NO. 43 (Lorraine Elementary in Need of Reconstruction) I spoke with Kathy Kula, Lorraine Block Club Secretary, on April 11, 2007. 1 informed her of the following: • Lorraine Academy #72 will not be part of the Phase III reconstruction program. Phase III schools were selected last year as part of the strategic planning process and the Phase III program is well into the design phase at this point. • Lorraine will be considered during the strategic planning process for Phase IV however there is no guarantee that there will be a Phase IV; and, if there is, there is no guarantee that Lorraine will be selected. The school will definitely be considered however. • Lorraine windows are scheduled to be replaced this summer. We have an approved $1 million bond sale scheduled this spring to finance the project. Board of Education member Jack Coyle advocated strongly for this project and I am happy that we will be able to make it happen- Tree stumps, also mentioned by Ms. Kula in our conversation, are in line to be removed- The only delay at this point is coordinating this work with the City and FEMA. We hope to resolve the coordination within the next few weeks. We did not discuss the parking lot and fence mentioned in her letter- However, I have asked our grounds crew to look at them and make a recommendation. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION FROM THE CITY CLERK NO. 44 Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 2614 Main St No Name Given DA McElroy 1680 Elmwood Buffalo Barbeque Brew P Kelleher Agent RECEIVED AND FILED No. 45 Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Police- L. Valvo RECEIVED AND FILED. No. 46 Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority 4/11/2007 RECEIVED AND FILED. No. 47 Appointments - Temporary. Provisional or Permanent I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Effective 04/02/07 Title Senior Auditor Department of Audit and Control Division of Audit Permanent Competitive Minimum Starting Salary of $37,852 Natasha Anderson 196 Newburg Ave Buffalo, NY 14215 Effective 04/02/07 Title Senior Auditor Department of Audit and Control Division of Audit Permanent Competitive Minimum Starting Salary of $37,852 Frank Barrile 1013 Tift St Buffalo, NY 14220 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 48 METRO RAIL EXPANSION Dear Gerry: Please file response from Dennis Brinkworth at the next Common Council Meeting. Legislative Staff Manager Thank you for asking about my thoughts in regard to the proposed extension of the Metro Rail. The loop in the Cobblestone District is an excellent idea and realistic way to deal with getting potential consumers to the District in efficient manner. Helps relieve the potential parking problem for sure. I like the idea of the rail looping around the entire District enabling people to get out and experience all the area has to offer. Another opportunity is to get people to park in Entertainment District and mix use for Districts during evening... attend dinner and play... head down to Cobblestone later for evening... all via rail. For me, this helps both Brinks and Morrissey'sl I would be happy to provide for thoughts but busy today. I fully support the idea and be happy to help in REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 49 PUSH BUFFALO- RESPONSE TO COUNCIL MBBA HEARING OF APRIL 19, 2007 Please file response from PUSH BUFFALO at the next Common Council Meeting. STATEMENT PREPARED FOR BUFFALO COMAV[ON COUNCIL HEARING ON APRIL 19 People United for Sustainable Housing, Inc. (PUSH Buffalo) is PUSH is a grassroots, non - profit community organization working to rebuild the West Side of Buffalo. PUSH organizes residents to confront public and private institutions that perpetuate poverty on the West Side and to create and implement an action plan for improving the neighborhood. We salute the Buffalo Common Council for sponsoring this hearing today. Combating neighborhood deterioration and improving the quality of life for inner -city residents is the greatest challenge facing our city. For too long, silver bullet development schemes like the casino and Bass Pro have distracted us from the commercial and residential revitalization of our neighborhoods. Since the 1970s, most urban planners have recognized that economic growth in cities can best be achieved by creating neighborhoods where people desire to live. This is no small challenge. As it stands, many of Buffalo's neighborhoods are places that people desire to flee. Our abandoned housing rate is astronomical, one of the highest in the country. Abandoned housing means arson, crime, rodents and respiratory disease. Our poverty rate ranks sixth nationally. Our schools continue to fail low- income students. Yet we and many others remain doggedly committed to Buffalo's rebirth. Rebirth, in our view, is a complex and integrated process of planning and implementation. Underlying the process must be a commitment to equitable development, not development by the few and for the few. Equitable development will entail With respect to abandoned housing, Throughout the 1990s Buffalo represented the largest percentage increase of vacant structures nationwide - a leap that took the city from #55 in the country to #3 in percentage of vacancies in cities of more than 250,000. a As of 2000, Buffalo trailed only St. Louis, MO and Mesa, AZ - a rapidly expanding city that experiences many seasonal second home vacancies - and by all accounts the situation has gotten much worse since then. In fact, different Census Bureau estimates place Buffalo's population loss between 13,000 and 34,000 residents during the ensuing five years. In light of this epidemic, the National Vacant Properties Campaign recently released Blueprint Buffalo in November 2006, a policy document and action strategy for combating the problems of rampant property vacancy and abandonment within the city and, increasingly, the inner ring suburbs. Produced in conjunction with the Buffalo office of the Local Initiatives Support Corporation (LISC Buffalo), UB's Institute for Local Governance and Regional Growth, and the Amherst IDA, the report outlines four key leadership actions (a city -wide vacant property initiative; a first tier suburban agenda; an Erie - Buffalo vacant property coordinating council; and an initiative to make the region a "Living Laboratory" of vacant property reclamation), and four key strategies (development of a regional real property information system; a focus on comprehensive code enforcement; right- sizing and greening the City; and escalating greyfields and brownfields redevelopment) to make significant progress towards reclamation and reuse. The state can play many roles in these tasks, including special programs and legislation directed at making land acquisition, assembly, title clearance, and remediation more achievable and less time onerous. Creation of a land bank with powers similar to that established in Genesee County (Flint), under authorization from the State of Michigan, should be pursued. Several progressive greening initiatives are well underway in Buffalo. For example, the Massachusetts Avenue Project has developed an urban farm on the city's West Side which is operated by low- income neighborhood youth. To support local food system development, similar efforts should be promoted across the city, and other innovative and non - conventional incarnations of greening should be encouraged and supported. The State has shown its acknowledgment of the vacancy problem through the Restore NY funding and more recently through the release of liens on hundreds of properties controlled by the State's Municipal Bond Banking Agency (MBBA), however, the City of Buffalo cannot realistically expect to renovate each of these houses returned by MBBA or the thousands of others that sit vacant for a myriad number of reasons. Nor can the rehabilitations that do take place be allowed to occur in a scattershot fashion. There must be a coordinated effort to identify strategic clusters of properties within investment -ready communities that will not just provide housing in the short -term, but that will include other important amenities to help make these areas desirable neighborhoods that residents are proud to live in. Productive reuse of vacant land is a key part of the process to build sustainability. This will require administrative and regulatory changes as well as financial resources distinct from and of greater magnitude than the current $2 million earmark from the Affordable Housing Corporation (AHC) ACTION STEPS o Empower and fund a land bank for Buffalo and Erie County which will be granted special powers of vacant land acquisition and disposition. o Identify funding enabling the land bank to triage Buffalo's 19,000 abandoned properties: unsalvageable properties should be demolished at once, salvageable properties should be immediately stabilized and protected for future rehabilitation. o Fund Regional Real Property Information Systems coordination and a Living Laboratory of revitalization through the UB Regional Institute. o Promote urban food system development by encouraging progressive greening initiatives that return vacant land to productive use. o Immediately take action to return to productive use the 1,400+ properties controlled by MBBA, including funds for assessment, rehab and demolition. o Add state resources to fully fund the Weatherization Assistance Program, which currently has very long wait lists in urban areas. WAP increases energy efficiency while stabilizing the urban housing stock. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND EDPI NO. 50 PROPOSED GRANT TO FUND COMMUNITY PROSECUTOR PROGRAM Dear Members of the Common Council of the City of Buffalo: I am enclosing a copy of a letter we recently sent to Denise E. O'Donnell, Chief of New York State's Division of Criminal Justice Services, regarding a proposed grant to fund our Community Prosecutor program. Ms. O'Donnell discussed this proposal with me several weeks ago after she received a copy of your resolution of March 6, 2007. Without a doubt, if it had not been for the intervention of the Common Council, and in particular of the Resolution's sponsor, Councilmember Bonnie Russell, none of this would be happening. Assuming that the funds to reactivate this unit are forthcoming (and I do), I look forward to conferring with you as to how this program might best be interpreted RECEIVED AND FILED NO. 51 "VACANT PROPERTY INVENTORY" Honorable Members: We are pleased to be able to respond to Council Member Kearns's Resolution related to a vacant property inventory in the City of Buffalo. Through LISC's work nationally and locally with the National Vacant Properties Campaign, we have become involved in a number of vacant property initiatives and have examined a host of best practices from other communities dealing strategically with these issues. One such community is Indianapolis, Indiana, where their government enacted a "town- gown" partnership with Ball State University with the goal of locating and inventorying every vacant or abandoned home in the county. The Indianapolis Vacant Housing Survey took place in the summer of 2003. Through a methodology well described on their website (http://www.indvgov.org / eGov/Citv/DMD/ Abandoned /Overview /home.htm), the government first identified areas with a potential for high concentrations of vacancy using indicators such as delinquent taxes, city ordered boarding, repair, or demolition, foreclosures, and utility shut -offs. They then canvassed these neighborhoods thoroughly while spot checking individual properties outside of these areas that were also identified through an analysis of the indicators. Data was collected on number of units, vacancy type (i.e., for sale vs. boarded /abandoned), condition of structure and yard, and a digital photograph of each fagade. With six students working about seven weeks with PDAs and GIS software, they were able to survey nearly eight thousand homes. The data that resulted was analyzed and posted to the internet in map format. As their experience shows, the end goal of any such inventory should not be just to get to a number, but to have a set of practical, reliable, and updatable data that can be used to implement distinct strategies to combat the problems caused by vacancy and abandonment. The recommendations contained within the National Vacant Properties Campaign's Blueprint Buffalo action plan sound a similar tone, emphasizing heavily the need for a comprehensive frequently updated regional real property information system. Several pages, which are attached, speak specifically to the benefits of vacant property inventory in monitoring, assessing, and combating the problem as well as preventing future abandonment. LOCAL INITIATIVES SUPPORT CORPORATION 700 Main Street, 3rd Floor • Buffalo, NY 14202 -1909 Phone 716- 853 -1136 Fax 716- 853 -11 WW \V. L SC. ORG On the important issue of current and accurate data, LISC continues to meet with our partners on the Blueprint Buffalo real property information working group, headed by the University at Buffalo's Regional Institute. This overall effort will be crucial to shape not only the joint response to vacancy and abandonment, but also the common effort to redevelop and strengthen Buffalo as a whole. LISC would welcome the opportunity to work closely with the Common Council on this and future vacant property initiatives. Sincerely, Michael K. Clarke Program Director REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 52 REMOVAL OF PARKING METERS ON SOUTH ELMWOOD Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council session to be held May 1, 2007. Thank you in advance for your assistance with this matter. Sincerely, Brian C. Davis Ellicott District Councilmember My name is Bill VanCott and I am the property manager at 130 South Elmwood Ave. in Buffalo. I am writing to request the removal of two parking meters due to a dangerous situation on Niagara Street. The view looking south at the entrance /exit on the east side of Niagara Street is commonly blocked by tall vehicles parked at the first four spots to the south on the east side of the street. I have received numerous complaints from the drivers exiting either the parking ramp or the surface lot of the safety concern. The speed limit is only thirty miles per hour but rarely does a vehicle head north on Niagara Street that is actually going the speed limit or less. I feel that if you could possibly remove the meters for the first four spots that there would be a greatly improved sight line for drivers exiting the property. Thank you for your time and consideration in assisting me in resolving this safety issue. Sincerely, William VanCott Property Manager 130 South Elmwood Ave. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS, PARKS AND RECREATION AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 53 STAR - GAZETTE ARTICLE REGARDING ETHANOL PLANTS Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council session to be held May 1, 2007. Thank you in advance for your assistance with this matter. Sincerely, Brian C. Davis Ellicott District Councilmember This is a printer friendly version of an article from the Star - Gazette (www.stargazette.com). To print this article open the file menu and choose Print. Back Want to cut the country's dependence on foreign oil? Drinking High Falls beer may soon be an answer. Monroe County officials are developing a plan with High Falls Brewery Co. to turn beer waste into ethanol and produce enough of it to power much of the county's fleet of vehicles. If all goes well, the county hopes to have extra available to offer ethanol -based fuel to the public. Using ethanol for county vehicles would save taxpayers' money and also would save High Falls about $300,000 a year because it would send less waste to the county's Van Lare Wastewater Treatment Plant in Rochester. "It's hard to find a fault with the project," said Thomas Hubbard, brewery chairman. "It's very exciting." With a nation moving toward alternative energy sources, breweries are increasingly being looked to as facilities that can double as ethanol stills. Ethanol is processed in a very similar way to beer. The Coors brewery in Golden, Colo., is producing 3 million gallons of ethanol a year and is the largest operation of its kind in the country. Other brewers, including Anheuser -Busch and Hiller, also produce ethanol, and Northeast Biofuels LLC is turning an old Hiller brewery near Syracuse into the state's first ethanol plant. "The process is similar because so many of the ingredients that would go into beer, one could use to make ethanol," said Matt Hartwig, spokesman for the Renewable Fuels Association, a trade group in Washington D.C. "It's just a matter of how much of that material is available." The county's proposal calls for spending $3 million to $4 million to build a plant that can produce 300,000 gallons of ethanol a year, a modest share of the 7 billion gallons President Bush has mandated that the nation manufacture by 2012. Nonetheless, the idea is part of the county's increasing efforts to develop renewable energy. It is building a $9.7 million power plant at the Mill Seat landfill in Riga to turn landfill gas into power. The county plans to construct an ethanol fueling station on Scottsville Road in Chili. If the ethanol plant is built, officials expect to have 60 of the county's fleet of 250 light trucks running this year on E -85, a mix of 85 percent ethanol and 15 percent unleaded gasoline. The county's efforts under Executive Maggie Brooks are drawing high marks from some environmental groups. "Her administration has made this a plank of her platform, and we're happy to see it," said Bob Siegel, a local Sierra Club leader. On the drawing board The brewery's ethanol plant, however, raises many questions. A major one is how to pay for the construction. Currently, there's no money to build it. The county hopes to tap into burgeoning pots of state and federal money designated for renewable energy projects, but there are no assurances that the aid will start flowing, or when. Another question is who will own and operate the facility. Neither the county nor High Falls has committed any money to building the roughly 2,500- square -foot plant, and neither wants to run it. Also, the sides haven't reached any financial arrangements on potential revenue from the plant. High Falls is currently on a plan to pay back the county about $4.2 million in back taxes and sewer charges. The hope, though, is that the project could get under way by year's end. Construction would take only a few months. "We know it can work," said John Graham, the county's director of environmental services. "How it goes together is something that attorneys are going to have to argue about. I know physically it can be done." The idea is to establish an arrangement with a private business, similar to the one at the Coors plant. There, http: / /www.stargazette.com /apps /pbcs.dl 1 /article ?AI D= /20070409AJ PDATE /304090013 &templa... 04/10/2007 Primer Friendly version Merrick & Co., a development firm, owns the plant, leases the land from Coors and buys the beer waste. The company then ships out the ethanol and sells it on the open market. Monroe County officials went to Colorado recently to learn about the operation. "Not a lot of breweries do this," said Steve Wagner, Merrick vice president. "And one of the reasons is it has just been within the last couple of years that the price of ethanol, driven by the fuel value and the (high) price of crude, has gotten to a point where this makes a lot of sense." At present, once beer is brewed at High Falls, the waste is shipped to the county's treatment plant. But since the brewew produces such strong discharges at the Van Late plant, the process is costly and complicated. With the ethanol facility, much of the waste would be siphoned there, resulting in less waste going to the treatment plant. The ethanol would then be trucked -- about 6,000 gallons a week -- to the Scottville Road facility. The county hopes that in four years all of its 250 light -truck vehicles will be running on E -85 fuel. With the 60 vehicles expected to run on E -85 by year's end, the county estimates that it will save about $50,000 in fuel costs once the ethanol facility is up and running. The idea is so intriguing that the county is linking up with researchers from Rochester Institute of Technology, who plan to study the effectiveness of the initiative. "I think it's a huge win," Graham said. "Having two agencies, government and private business, working together says wonders. I can't believe it's happening." RECEIVED AND FILED NO. 64 VACANT PROPERTY INVENTORY RESOLUTION FOR VACANT PROPERTY INVENTORY RESOLUTION: Ms. Baldwin, I am the block club president for Dearborn Street. We have done a partial inventory of our immediate area in Black Rock. The problem of vacant properties is so bad that a more complete inventory would be overwhelming. Sadly, the problem is worse than i even thought in our area. We have had a lot of properties abandoned by the owners either due to foreclosures, illness, and other financial woes. I have seen this problem go from bad to worse in a very short time. I truly believe that vacant houses and unmaintained properties lead directly and quickly to vandalism and more serious crime. It is depressing to come home each day from work to a neighborhood that seems to be disintegrating before my eyes and no one seems to mind. The vacant houses frequently are subject to arson and drug deals. Truant kids hang out in or by them all day and night, making noise and damaging the buildings. I've watched kids break windows in broad daylight, they are so sure that no one cares if they do it. No one does care because the owner has abandoned it and the house will stay in legal limbo for years as it waits to go through the housing court system to finally end up in the city auction for someone to illegally flip it or for demolition. A club member compiled this list for me. I'd like to add that Thompson Street between Hamilton and Austin has several vacant, heavily vandalized properties. Hamilton Street also has many vacant properties. Many are concentrated between Thompson and Niagara Street. I believe that the vacant property problem is at a critical point in Black Rock. Good citizens are moving away because they don't want to live near these properties and the crime that they attract. RECEIVED AND FILED NO. 66 LIVING WAGECOMMISSION BRAND -ON SERVICES, INC. Dear Ms. Fleron: I have reviewed the Findings and Recommendations of the Living Wage Commission concerning the matter of Brand -On Services, Inc. I have also reviewed information provided by counsel for Brand -On Services, Inc. and have reached the following conclusions. On April 17, 2007, the Common Council granted a "Youth Employment Exemption" to all Brand -On employees that are under 21 years of age and are employed to perform seasonal, part -time work. The City will require Brand -On to pay those employees, not specifically exempted by the Common Council, the prevailing living wage. By copy of this letter, I am informing the Common Council, the Living Wage Commission and counsel for Brand -On Services, Inc. of my decision to require compliance with the statute going forward. Thank you all for your participation and patience in this matter. RECEIVED AND FILED NO. 66 R FONTANA -COST OF FLOOD INSURANCE I listened with interest to the reports regarding Buffalo's efforts to unburden its residents from the cost of flood hazard insurance and Senator Chuck Schumer's assurances that he will find a way to sidestep the regulations that require it. The Town of Cheektowaga has faced this dilemma in the past; and rather than remove flood insurance from residences previously covered for periodic flood damages, we decided to follow FEMA regulations and seek revisions to the flood hazard and Flood Insurance Rate Map. Consequently, we engaged a consulting firm to evaluate topographic information, perform hydrologic and hydraulic analyses to determine the effects of flood works that followed the publication of the Flood Insurance Rate Map, as well as provide a much higher level of detail then was utilized in the original Map. Our consultant's reports were filed in 1989 and 2001; and FEMA consequently issued Letters of Map Revisions (LOMRs) that effectively removed hundreds of homes from both the flood hazard boundary and the Flood Insurance Rate Map. It seems to me that this is the proper way for Buffalo to assist its residents, rather than leave any at risk for flood hazard damages that could occur at anytime in the future. Enclosed is a letter we sent to a small number of homeowners in 2001 that describes the process we undertook to remove them from the flood insurance requirements. Your City Engineering Department is welcome to call our Town Engineer, William Pugh, at 897 -7288 regarding the process we undertook. REFERREDTTO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF PUBLIC WORKS NO. 57 J GOLOMBEK -LOCAL WATERFRONT REVITALIZATION PROGRAM Dear Mr. Chwalinski, Please file the attached document for the upcoming Common Council Session to be held on May 1,2007. Thank you in advance for your assistance in this matter. Dear Commissioner Tobe: On July 26, 2005, the Buffalo Common Council approved a Local Waterfront Revitalization Program (LWRP). The LWRP was prepared by the Office of Strategic Planning, with public input dating back to 2001 through several public workshops. The City Planning Board additionally reviewed the LWRP and provided comments and suggestions, which were incorporated into the final document. The purpose of the LWRP was to establish policies to guide future public and private development of our waterfront. The LWRP approved by the Common Council established 13 policy standards to determine an appropriate balance between economic growth and preservation that will permit the beneficial use of waterfront resources in the City of Buffalo. Developed Waterfront Policies Policy 1 - Foster a pattern of development in the coastal area that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development Policy 2 - Preserve historic resources Policy 3 - Enhance visual quality and protect outstanding scenic resources Natural Waterfront Policies Policy 4 - Minimize loss of life, structures and natural resources from flooding and erosion Policy 5 - Protect and improve water resources Policy 6 - Protect and restore ecological resources, including significant fish and wildlife habitats, wetlands and rare ecological communities Policy 7 - Protect and improve air quality Policy 8 - Minimize environmental degradation from solid waste and hazardous substances and wastes Public Waterfront Policies Policy 9 - Improve public access to and use of public lands and waters Working Waterfront Policies Policy 10 - Protect existing water - dependent uses, promote the siting of new water - dependent uses in suitable locations, and support efficient harbor operation Policy 11 - Promote the sustainable use offish and wildlife resources Policy 12 - Protect existing agricultural lands Policy 13 - Promote appropriate use and development of energy and mineral resources The Council's understanding when the LWRP was approved was that the document would be forwarded to the State for their review and approval. I have recently learned that you and or Executive Director Timothy Wanamaker pulled the submitted document back from the State so that changes can be made to the LWRP. I am concerned that you and or Mr. Wanamaker are seeking to change a document approved by the Council, without the Council's knowledge or approval. I would like answers to the following questions: When was the LWRP forwarded to the State for review? Who requested that the State not approve the LWRP submitted and when was this request made? Please submit a copy of any communications from you or Mr. Wanamaker to the State regarding the LWRP. What changes are you or Mr. Wanamaker seeking to make to the LWRP? Why was the Common Council not consulted that changes were being sought to the LWRP approved by the Council? I look forward to your response. Sincerely REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 58 ITEM #52, C.C.P. APRIL 17, 2007, M KEARNS -R TOBE- SAFETY HAZARD 1002 ABBOTT RD Honorable Council Member Kearns: On April 3, 2007 the City Clerk's Office received a notice of hazardous condition regarding 1002 Abbott Street, Buffalo, NY Please be advised that the City Clerk's Office has filed the potential hazard in our office and have forwarded the notice on to the Department of Economic Development, Permit & Inspection Services, and the Department of Public Works and to Corporation Counsel for their attention. As of this communication the City Clerk's Office has not received a response from the above listed departments. I have attached a Copy of the filing for your review RECEIVED AND FILED NO. 59 ABANDONED SHOPPING CARTS The Common Council, City of Buffalo In response to your resolution #130 CCP April 3, 2007, "Consider an Ordinance to Impound Abandoned Shopping Carts," and your invitation for response, we submit the following: 1)Wegmans opposes this proposed ordinance, both allowing City Officials the ability to impound abandoned shopping carts found in the City right of way; and holding them for impound fees. 2)Wegmans takes this position as a responsible business which has invested significant resources to prevent the unauthorized removal of shopping carts from our premises, property which costs on average $100 per cart. 3)To this end, we not only post prominent signage informing customers that the removal of our shopping carts from our premises is illegal, we also position security personnel in our lot 24/7 to mitigate this loss. 4)We supplement our security personnel with additional customer service personnel to further mitigate the theft of shopping cads. 5)We also engage the services of an independent contractor, at additional cost to us, to return to us any of our stolen carts that are subsequently located off our premises. 6)We provide immediate response and pick -up any time we are notified that one of our stolen carts has been found. 7)We do not support the installation of barricades preventing removal of carts from our property as such barricades have been found to be an inconvenience to our customers, particularly those with disabilities. 8)We are actively involved in our neighborhood business association and support neighborhood beautification efforts, including annual clean -up and retrieval of shopping carts from Scajaquada Creek. 9)And most importantly, we believe that setting the precedent of requiring victims of theft to pay impound fees to recover their stolen property is a disincentive to responsible businesses who choose to locate in the City of Buffalo. Should the Common Council proceed with this action, we would suggest that at the very least provision be included to allow for a grace period wherein the retailer would retrieve their property without the imposition of impound fee. We appreciate the opportunity to offer comment and trust the Council will give our input serious consideration. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 60 SAFETY IMPROVEMENTS ON RTE 33 (TRAFFIC SIGNALS, IMPROVE TURNING RADIUS, SIGNS) — CITY OF BUFFALO ERIE COUNTY Dear Mr. Chwalinski: This is to advise you that the completed work on the above -noted contract was officially accepted by the New York State Department of Transportation on March 28, 2007. As per the Project Plans for D260010, Sheet 10: After acceptance of this contract, the State will resume maintenance of the highway. All public intersecting roads, highways, or streets not on the State highway system shall be maintained by the agency or local unit of government having jurisdiction beyond the outside edge of shoulder, curb line, or back of ditch of the State highway across the intersection. This letter serves as a courtesy to notify you that the contractor for this project, Oakgrove Construction, Inc., is no longer directly involved in roadway maintenance. Very truly yours, RECEIVED AND FILED NO. 61 "TRANSFERRING OUTER HARBOR LAND TO THE CITY &BUFFALO" RES #32 CCP APRIL 3, 2007 "ESTABLISHING AN AMPHITHEATRE ON THE OUTER HARBOR" RES #137 CCP APRIL 3, 2007 Dear Sir /Madam: The NFTA has had extensive discussions with New York State Office of Parks, Recreation and Historic Preservation regarding the Boat Harbor, and we are optimistic that the transfer will occur making the Boat Harbor a waterfront state park. Regarding the Outer Harbor, the NFTA Board of Commissioners authorized discussions with the Erie Canal Harbor Development Corp. concerning the transfer of ownership and control of the 120 acre site. NFTA's involvement in Outer Harbor development preceded the creation of the Erie Canal Harbor Development Corp. at a time when no other government entity was in a position to develop the property. Since that time, the Erie Canal Harbor Development Corp. was created for the sole purpose of guiding the development of waterfront land in the City of Buffalo. The Erie Canal Harbor Development Corp. has expressed a willingness to be involved and has the resources and funding needed to make the project successful. While the process of transferring title evolves, the NFTA continues to diligently advance the Greenbelt Shoreline Improvement Project. As you may know, the Greenbelt project is 90- foot -wide green space extending along approximately 6,600 feet of the Outer Harbor shoreline, from the former Pier Restaurant to the Terminal "B" building of Buffalo's port facilities. The project highlight include: Construction of a paved recreational path for public use along the shoreline for walkers, bikers, etc. Landscaping with native plants to attract local wildlife and provide an improved natural setting Construction of shallow -water fish habitats along the shoreline and within the existing embayment known as the Bell Slip Replacement of the shoreline embankment with an engineered, heavy stone to minimize erosion The construction work on the $14 million Greenbelt Project began in October, 2006 and is expected to be completed in December, 2007. Once complete, this project will transform a once unusable and industrially contaminated area into a scenic path along a prime section of Lake Erie's shoreline for public use and enjoyment. It will also stabilize the shoreline which is an essential first step for any future development of the site. Please let me know if you have any questions or need additional information. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 62 TOUR OF MILWAUKEE RIVERFRONT NEIGHBORHOOD Dear Council President David A. Franczyk and fellow Council Members, Please join me in Milwaukee Wisconsin on Wednesday, May 3 0, z00 for a tour of the Milwaukee Riverfront neighborhood near the former Park East Freeway. Given the similar development experiences in Buffalo and Milwaukee, the tour promises to highlight successful options for the Buffalo River and waterfront. When I began my service as Mayor of Milwaukee in ,988, the Park East Freeway crossed the Milwaukee River and separated the north side of downtown from the rest of downtown. Faced with rebuilding costs of $100 million compared with replacement costs of $z million for a surface street, we partnered with the State to remove the 3n -year old freeway in zooz. It made sense not only from a transportation standpoint but from an economic development perspective as well. The Park East Freeway, by acting as an unsightly disruption to the street grid and waterfront, was keeping property values depressed in an area that would normally be booming given its proximity to the downtown and the riverfront. In the five years since it was replaced with a boulevard, property values have climbed by more than x 8o percent while the rest of the city experienced a more modest growth of z percent. Mixed -use projects are rising out of the ground all around the footprint of the former freeway. This increase in property values and new investment has been experienced in many other cities that have removed their elevated highways and replaced them with boulevards, from Portland and San Francisco to New York City and Seoul, South Korea. The day will start off with an address to Milwaukee's Building Owners and Managers Association. On the tour, we will review the different construction projects that are currently going up along the street and meet with those involved with the reconstruction. In addition, we will take a tour of the riverwalk and discuss methods for creating value along urban waterfronts. In addition, the trip will extend to Chicago where you will have an opportunity to meet with people involved with the redevelopment of Chicago's waterfront. We will also discuss form -based codes, or SmartCodes, which address the relationship between building facades and the public realm, the form and mass of buildings in relation to one another, and the scale and types of streets and blocks. Hope you are able to join us and please let me know if you have any questions, 31 z. 551.73 oo. We are working with Paul Wolf and will have more details about the trip to you in the near future. RECEIVED AND FILED NO. 63 NATIONAL THANK YOU DAY FOR ELECTED OFFICIALS IN THE UNITED STATES Dear Buffalo City Council: Hattie Harris Good Spirits Club International ( HHGSC]) sponsors April 25, 2007 National Thank You Day for Elected Officials in the United States. We salute dedication with integrity to serve community and country. In the spirit of national fellowship and world peace we enclose a Proclamation of Appreciation to commemorate National Thank You Day for Elected Officials in the United States. Any community /state flag we receive will be displayed in a special April 25, 2007 Thank You Day ceremony. To help promote national and international business development, HHGSCI invites you to send a unique community product for display at the April 25 ceremony. We will present the products in a special edition collection available to national and international inquiries. HHGSCI will be sponsoring November 9, 2007 International Thank You Day for Elected Officials and World Leaders. Twenty -nine (29) Archival flags from participating countries received from international officials are available on loan for multicultural community /state events. We hope you will help identify a joint project we can embrace that compliments your devotion to serve community and country. We invite you to visit us in Rochester, NY on April 25, 2007 to personally thank you and offer good wishes. Christopher P. Noun International Advisor RECEIVED AND FILED NO. 64 BAILEY - AMHERST DISTRICT MANAGEMENT ASSOCIATION BUDGET: JULY 1, 2007 -JUNE 30 2008 Attached please find the above - referenced item to be filed for the next Buffalo Common Council meeting to be held on Tuesday, May 1, 2007. Dear Mr. Cohen: This is a reminder that the 2007 -2008 Bailey- Amherst budget must be submitted to the Common Council for approval in time for the issuance of the City of Buffalo Tax bills on July 1, 2007. Therefore, to meet this time requirement the Bailey - Amherst budget must be filed with the City Clerk no later than April 30, 2007. Please review the enclosed list of Bailey- Amherst District properties and verify that they are all benefiting from your services, and that they should be billed for the 2007 -2008 year Special Assessment. Please advise me of any property additions or omissions. If you have any questions regarding this matter, please contact me at 851 -5763. REFERRED TO THE COMMITTEE ON FINANCE. NO. 65 RIVERWRIGHT ETHANOL ENERGY PROJECT, 139 BUFFALO RIVER, BUFFALO, NY PUBLIC SUPPORT LETTERS Enclosed, for your review and file, please find a binder containing public support letters with respect to the above - captioned project. As you will note, we have divided the binder into three sections entitled: Professional Opinion; Neighborhood Residences — First Ward & South Buffalo; and WNY Resident. Of course, if you have any questions concerning the enclosed, please do not hesitate to contact me. RECEIVED AND FILED. NO. 66 G. STEVENS & R. SMITH - COMMENTS- RIVERWRIGHT, LLC We, RiverWright are fully committed to maximizing the benefit of our project to Buffalo. We will use local workers to build and operate our facility. We will also be holding local Job Fairs at neighborhood community centers and will provide job training to prepare local workers for our jobs. RECEIVED AND FILED. PETITIONS NO. 67 D. WILCOX, AGENT USE 1300 JEFFERSON FOR A FREESTANDING SIGN (NO PUB HRG) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 68 A. SALEH, 272 FERRY EAST, FREESTANDING SIGN (NO PUB HRG) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 69 APPT TELLER (INTER)(PW) CCP# 18,4/17 That the Temporary Appointment of Lori A. Mooney, 126 Taunton Place, Buffalo, NY 14216 to the position of Teller, at the intermediate salary of $29,384.00 is hereby approved PASSED AYES - 9 NOES -0 NO. 70 APPT - CHIEF PROV. EXEMPT (BD OF ED) CCP# 23,04/17 That the above item be the same and is hereby received and filed. ADOPTED NO. 71 APPT -PKG METER MECHANIC (INTER #3)(AFUA) CCP# 33,4/17 That the Permanent Appointment of Lawrence Charles, 145 Hastings, Buffalo, NY 14215, to the position of Parking Meter Mechanic, at the intermediate salary of $28, 027 is hereby approved PASSED AYES - 9 NOES -0 NO. 72 NOTICES OF APPT.- TEMP /PROV /PERM CCP# 36,04/17 That the above item be the same and is hereby received and filed ADOPTED FINANCE (BRIAN C. DAVIS, CHAIRMAN) NO. 73 BRAND ON SERVICES COMPLIANCE WITH THE LIVING WAGE ORDINANCE CCP# 148, 3/20 That the above item be the same and is hereby Referred to the Committee on Legislation ADOPTED NO. 74 BOND CLOSEOUT - REHABILITATION OF STREETS /CURBS /SIDEWALKS (ITEM NO. 6, C.C.P., DEC. 12, 2006) (ITEM NO. 86, C.C.P., MAR. 20, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Davis moved: That the above item be and the same hereby is received and filed. ADOPTED. LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 75 M. RISMAN, PETITION TO USE 45 FEDERAL AVENUE - EMPLOYEE PARKING LOT (ITEM NO. 60, C.C.P., APR. 17, 2007) That after the public hearing before the Committee on Legislation on April 24, 2007, the petition of M. Risman, agent, for permission to use 45 Federal for a parking lot be, and hereby is approved. PASSED. AYES -9. NOES -0. NO. 76 R. PEDERSEN, REQUEST ZONING CHANGE TO CREATE A RESIDENTIAL OVERLAY PARKING DISTRICT ON WEST UTICA STREET BETWEEN ELMWOOD AND ATLANTIC AVENUES (ITEM NO. 61, C.C.P., APR. 17, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That after the public hearing before the Committee on Legislation on April 24, 2007, and the recommendation of the City Planning Board, Robert Pedersen's request on behalf of the United Voice Block Club for the creation of a Residential Overlay Parking District on both sides of West Utica Street between Elmwood and Atlantic Avenues in the City of Buffalo be, and hereby is approved. PASSED. AYES -9. NOES -0. NO. 77 M. BEAM, PETITION TO USE 2543 DELAWARE AVENUE - NON - ILLUMINATED GROUND SIGN (ITEM NO. 62, C.C.P., APR. 17, 2007) That the petition of M. Beam, agent, for permission to use 2543 Delaware Avenue for a 3' wide x 4' high, 6' total above grade sign be, and hereby is approved. Passed. AYES -9. NOES -0. NO. 78 139 BUFFALO RIVER - ETHANOL PROCESSING PLANT (CITY PLANNING) (ITEM NO. 6, C.C.P., APR. 17, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the above - mentioned item be and the same is hereby received and filed. ADOPTED. NO. 79 J. CLEARY - PROPOSED RIVERWRIGHT ETHANOL PROCESSING PLANT (ITEM NO. 41, C.C.P., APR. 17, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the above - mentioned item be and the same is hereby received and filed. ADOPTED. NO. 80 M. CLEARY SCHAEFFER - PROPOSED RIVERWRIGHT ETHANOL PROCESSING PLANT (ITEM NO. 42, C.C.P., APR. 17, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the above - mentioned item be and the same is hereby received and filed. ADOPTED. NO. 81 SECOND HAND LICENSE- 850 FILLMORE (ITEM NO. 29, C.C.P., APR. 17, 2007) That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services Permit be, and he hereby is authorized to grant a Second Hand Dealer license to Jose Santiago d /b /a D & G Appliances, located at 850 Fillmore. PASSED. AYES -9. NOES -0. NO. 82 USED CAR DEALER LICENSE - 1073 NIAGARA STREET (ITEM NO. 20, C.C.P., FEB. 6, 2007) (ITEM NO. 87, C.C.P., APR. 17, 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 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services Permit be, and he hereby is authorized to grant a Used Car Dealer license to Sabrina Irizarry & Eduardo Perez d /b /a Cosuma 2, 1073 Niagara Street with the following conditions: 1. No more than 5 cars (ready for sale) on the lot at one time (both front & back lots). 2. No storing of vehicles other than the aforementioned 5 "ready to sell" vehicles. 3. All mechanical work is to take place inside garage. PASSED W /CONDITIONS AYES -9. NOES -0. NO. 83 MULTIPLE DWELLINGS TAX ]EXEMPTION LAW (EDPI) CCP# 30, 4/17 That the above item be the same and is hereby Received and Filed ADOPTED NO. 84 M. BEAM -STRAY SHOPPING CARTS CCP# 38, 4/17 That the above item be the same and is hereby Received and Filed ADOPTED NO. 85 J. COLON, USE 430 SEVENTH - REPAIR GARAGE (ITEM NO. 72, C.C.P., MAR. 20, 2007) That the petition of J. Colon, for permission to use 430 Seventh for a repair garage be, and hereby is denied. ADOPTED NO. 86 K. MCCARTHY, PETITION TO USE 139 (A/K /A 139, 145, 151,157) BUFFALO RIVER - ETHANOL PROCESSING PLANT (ITEM NO. 62, C.C.P., OCT. 3, 2006) (ITEM NO. 87, C.C.P., FEB. 6, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That Riverwright LLC's Restricted Use Application for an Ethanol Processing Plant at 139 a /k/a 139, 145, 151,157 Buffalo River in the Buffalo Coastal Special Review District is hereby approved. Riverwright LLC shall comply with all applicable State and Local Codes, regulations and laws as a condition of this approval. PASSED W /CONDITIONS. AYES- BONIFACIO, DAVIS, FONTANA, GOLOMBEK, KEARNS, LOCURTO, RUSSELL, SMITH -8. NOES - FRANCZYK -1. NO. 87 APPOINTMENT MEMBER TO THE BUFFALO SEWER AUTHORITY BOARD (ITEM NO. 1, C.C.P., MAR. 20, 2007) That the appointment of John F. Kennedy, Jr., residing at 680 McKinley Parkway, as a member of the Buffalo Sewer Authority Board for a three year term commencing immediately and expiring June 30, 2009 be, and hereby is approved. PASSED. AYES -9. NOES -0. NO. 88 ORD AMENDMENT CHAPTER 96 -BONDS & CONTRACT CCP# 103, 11/28 That the above item be the same and is hereby Received and Filed ADOPTED NO. 89 EXEMPTION TO ORD AMEND #96:13ONDS & CONTRACTS (EXE 1 -3 RES) CCP# 164,10/3 That the above item be the same and is hereby Received and Filed ADOPTED NO. 90 TRANS FAT POSTINGS IN RESTAURANTS (ITEM NO. 100, C.C.P., FEB. 20, 2007) That the Corporation Counsel draft an ordinance amendment mandating the posting of the use oftrans fat products, in a clear and visible manner on menus of all establishments that prepare foods for sale in the City of Buffalo. ADOPTED NO. 91 FOOD STORE & MEAT & FISH POULTRY LICENSE (EDPI) CCP# 17, 2/06 That the above item be the same and is hereby Received and Filed ADOPTED NO. 92 N. BENNETT- COMPLAINTS TIME WARNER CABLE COMPLAINT CCP# 52, 3/20 That the above item be the same and is hereby Received and Filed ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRMAN) NO. 93 RESULTS OF NEGOTIATIONS - 428 BAILEY (ITEM NO. 8, C.C.P., APR. 17, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the offer from Robinson Home Products, Inc. represented by Mr. Robert Skerker, 2615 Walden Avenue, in the sum of five hundred dollars ($500.00) for the purchase of 428 Bailey Avenue, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. DENY NO. 94 FORECLOSURE NOTIFICATION (STRAT PLAN)( #8,3/6) CCP# 90, 4/17 That the above item be the same and is hereby Received and Filed ADOPTED NO. 95 FORECLOSURE NOTIFICATION (ASSESS /TAX)( #21,3/6) CCP# 91, 4/17 That the above item be the same and is hereby Received and Filed ADOPTED NO. 96 S. BAUM- COMMENTS - FORECLOSURE NOTIFICATION( #54,3/6) CCP# 92, 4/17 That the above item be the same and is hereby Received and Filed ADOPTED NO. 97 N. BUSCAGLIA -M &T BANK - FORECLOSURE NOTIFICATION( #55,3/6) CCP# 93, 4/17 That the above item be the same and is hereby Received and Filed ADOPTED NO. 98 FORECLOSURE NOTIFICATION(EXC 1 RES) ( #94,2/20) CCP# 94, 4/17 That the above item be the same and is hereby Received and Filed ADOPTED NO. 99 FORECLOSURE NOTIFICATION (EDPI) CCP# 32, 4/3 That the above item be the same and is hereby Received and Filed ADOPTED NO. 100 O. HECHT - EARTHKLINK MUNICIPAL NETWORKS (ITEM NO. That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That the above - mentioned item be and the same is hereby received and filed. ADOPTED NO. 101 CIT REP ON THE ERIE CO GREENWAY FUND STANDING COMM (3 RES ONLY) CCP# 145, 4/3 That the above item be the same and is hereby Referred to the Committee on Waterfront Development ADOPTED NO. 102 K. MASSEY- PROCESS FOR FORECLOSURE CCP# 62, 3/20 That the above item be the same and is hereby Received and Filed ADOPTED NO. 103 L. DESORM EAU - CONCEMS- FORECLOSURE NOTIFICATIONS CCP# 59, 3/20 That the above item be the same and is hereby Received and Filed ADOPTED NO. 104 L. SCHIAVI- GREATER BFLO SAVINGS BANK - FORECLOSURE NOTIFICATION CCP# 65, 3/20 That the above item be the same and is hereby Received and Filed ADOPTED NO. 105 W. STACHOWSKI & O- MAYOR'S ANTI - FLIPPING TASK FORCE FORECLOSURE NOTIFICATION CCP# 63, 3/06 That the above item be the same and is hereby Received and Filed ADOPTED NO. 106 B. DAVIS -W SMALL - DISPOSAL OF FORECLOSURE PROPERTIES That the above item be the same and is hereby Received and Filed ADOPTED NO. 107 M. RODGERS -INFO ABANDONED PROPERTY ISSUES That the above item be the same and is hereby Received and Filed ADOPTED NO. 108 ADDRESSING OVER 600 MBBA PROPERTIES GOING TO OCT FORECLOSURESALE (EXC 1 ST RES) That the above item be the same and is hereby Received and Filed ADOPTED NO. 109 M. CALRKE -LISC- ADDRESSING OVER 600 MBBA PROPERTIES CCP# 56, 3/20 That the above item be the same and is hereby Received and Filed ADOPTED NO. 110 M. RIEGEL - BELMONT SHELTER CORP- ADDRESSING OVER 600 MBBA PROPERTIES CCP #63, 3/20 That the above item be the same and is hereby Received and Filed ADOPTED NO. 111 W. STACHOWSKI & O- MAYOR'S ANTI FLIPPING TASK FORCE ADDRESSING OVER 600 MBBA PROPERTIES CCP# 68, 3/20 That the above item be the same and is hereby Received and Filed ADOPTED NO. 112 R. TALBOYS- HABITAT FOR HUMANITY -600 MBBA PROPERTIESPROPERTIES CCP# 69, 3/20 That the above item be the same and is hereby Received and Filed ADOPTED NO. 113 J. GOLOMBEK - BUFFAIO NEWS ARTICLE -" NEW WEB TOUTS CULTURAL TOURISM" CCP# 57, 1/23 That the above item be the same and is hereby Received and Filed ADOPTED NO. 114 COMPENSATING BUFFALO FOR REGIONALLY SIGNIFICANT EC DEV PROJECTS (EXC ] & 2 RES) CCP# 92, 1/23 That the above item be the same and is hereby Received and Filed ADOPTED SPECIAL COMMITTEES BUDGET COMMITTEE (DOMINIC J. BONIFACIO JR., CHAIRMAN) NO. 115 TRANSFER OF FUNDS - FRINGE BENEFITS - LAW (ITEM NO. 124, C.C.P., APR. 3, 2007) (ITEM NO. 112, C.C.P., APR. 17, 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 Fringe Benefits to the Law Department - Legal Services in the amount of $926,000. PASSED AYES - 9 NOES -0 EDUCATION (DEMONE A. SMITH, CHAIRMAN) NO. 116 DROPOUT PREVENTION -FIVE MAJOR COMPONENTS (BD OF ED) CCP# 40, 4/3 That the above item be the same and is hereby Received and Filed ADOPTED NO. 117 SAFE SUPPORT SERVICES THREE YEAR STUDENT SUPPORT PLAN (BD ED) That the above item be the same and is hereby Received and Filed ADOPTED NO. 118 M. KEARNS -T. KENNEDY -HAZ COND- SOUTHSIDE E1 PLAYGROUND EQUIP CCP# 47, 4/17 That the above item be the same and is hereby Received and Filed ADOPTED NO. 119 D. SMITH -BFLO PUBLIC SCHOOL DISTRICT PARENT INVOLVEMENT PLAN CCP# 66, 3/20 That the above item be the same and is hereby Received and Filed ADOPTED NO. 120 REQ FOR BD OF ED TO FI]E REPORT ON REDUCING HIGH SCHOOL DROPOUT RATE CCP# 115, 12/12 That the above item be the same and is hereby Received and Filed ADOPTED NO. 121 REQ FOR BD OF ED TO FILE REPORT ON REDUCING HIGH SCHOOL DROPOUT RATE(BOE) CCP# 28, 12/26 That the above item be the same and is hereby Received and Filed ADOPTED 10 DIN P*A ALLOWING BUS PASSES FOR BPS STUDENTS TO INCLUDE INTERNSHIP /COMM SVS LOCATIONS (2N RES) CCP# 122, 11/01 That the above item be the same and is hereby Received and Filed ADOPTED NO. 123 ALTERNATIVE SCHOOL AT 998 BROADWAY (EXC 1 RES) CCP# 122, 06/13 That the above item be the same and is hereby Received and Filed ADOPTED WATERFRONT DEVELOPMENT MICHAEL P. KEARNS CHAIRMAN NO. 124 M. KEAMS -ERIE CANAL HARBOR DEV CORP ECHDC UNVEILS UPDATED PLANS FOR INNER HARBOR CCP# 40, 12/26 That the above item be the same and is hereby Received and Filed ADOPTED RESOLUTIONS NO. 125 BY: MR. BONIFACIO ESTABLISHING A POLICY FOR THE CITY TO TAKE TITLE TO ANY PROPERTY THAT DOES NOT RECEIVE A BID AT THE FORECLOSURE AUCTION Whereas: Last year 1,074 properties went to the Foreclosure Auction held by the City of Buffalo; and Whereas: Of the 1,074 properties, 575 were sold to auction bidders, (473 actually completed the sale), 298 were struck to the City allowing the City to take title at the request of City officials and 201 properties did not receive a bid and were adjourned; and Whereas: The 201 properties that were adjourned will typically sit vacant and deteriorate for another year causing problems for residents and City officials; and Whereas: Instead of adjourning properties that do not receive a bid, the City should be pro active and take title to these properties by having them struck to the City; and Whereas: Adjourned properties remain with the owner who has not been responsible in paying his /her taxes, user fees, water bills, etc., and in many eases often still collects rental income on the said properties; and Whereas: Taking title to properties instead of adjourning them will allow the City the opportunity to take action whether it is demolition, finding new owner occupants to rehab the property or land banking the property for future use; and Whereas: Simply adjourning a property does not benefit anyone, as the City still ends up responding to inspection, police and fire calls to such properties; and Now Therefore Be It Resolved That the Buffalo Common Council is interested in hearing from the Commissioner of Economic Development Permits and Inspection Services, the Executive Director of Strategic Planning and the Commissioner of Assessment and Taxation as to their comments regarding the implementation of a policy to have the City take title to properties that do not receive a bid at the foreclosure auction instead of adjourning them. That this item is referred to an appropriate Committee of the Common Council to discuss and consider the comments requested REFERRED TO THE COMMITTEE ON LEGISLATION, EDPI, THE COMMISSIONER OF ADMINISTRATION AND FINANVCE AND THE CORPORATION COUNSEL NO. 126 BY: MR. BONIFACIO & MR. FONTANA CITY OF BUFFALO LOCAL LAW NO. -- (2007) INTRODUCTORY NO. 6.(2007) A LOCAL LAW amending the Charter of the City of Buffalo in relation to the Taxes and Assessments BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOW: Section 1. Article 28 of the Charter of the City of Buffalo is hereby amended to read as follow: §28 -29.4. Real Property Tax Exemption for Conversion of Certain Residential Properties. A. Section 421 -i of the Real Property Tax law, as added by chapter 181 of the laws of 2006, authorizes the City of Buffalo to grant partial exemptions from real property taxation of the increase of the assessed value of certain residential real property attributable to conversion from a multiple dwelling to a single family or two family dwelling_ B. Multiple dwelling buildings, reconstructed, altered, converted back to an owner occupied single family dwelling or any owner occupied multiple dwelling located in the city of Buffalo, that is reduced to at most two units by such reconstruction subsequent to the effective date of this local law shall be exempt from taxation and special ad valorem levies to the extent provided hereinafter. 1. Such buildings shall be exempt for a period of one year to the extent of 100% of the increase in assessed value attributable to such reconstruction, alteration or improvement and for an additional period of 7 years subject to the following_ (a)The extent of such exemption shall be decreased by twelve and one -half percent of the "exemption base" each year during such additional period. The "exemption base" shall be the increase in assessed value as determined in the initial year of the term of the exemption, except as provided in subparagraph U of this paragraph. The exemption percentages area as follow: (i) Year one 100% (ii) Year two 87.5% (iii) Year three 75% (iv) Year four 62.5% (vi) Year six 37.5% NO Year seven 25% (viii) Year eight 12.5% (ix) Year nine 0% (b) In anyyear in which a change in level of assessment of 15% percent or more is certified for a final assessment roll pursuant to the rules of the state board of real property services, the exemption base shall be multiplied by a fraction, the numerator of which shall be the total assessed value of the parcel on such final assessment roll (after accounting for any physical or quantity changes to the parcel since the immediately preceding assessment roll), and the denominator of which shall be the total assessed value of the parcel on the immediately preceding final assessment roll. The result shall be the new exemption base. The exemption shall thereupon be recomputed to take into account the new exemption base, notwithstanding the fact that the assessor receives certification of the change in level of assessment after the completion, verification and filing of the final assessment roll. In the event the assessor does not have custody of the roll when such certification is received, the assessor shall certify the recomputed exemption to the local officers having custody and control of the roll, and such local officers are hereby directed and authorized to enter the recomputed exemption certified by the assessor on the roll. The assessor shall give written notice of such recomputed exemption to the property owner, who may, if he or she believes that the exemption was recomputed incorrectly, apply for a correction in the manner provided by title three of article five of this chapter for the correction of clerical errors. (c) Such exemption shall be limited to $100,000 in increased market value, or such other sum less than $100,000, but not less than $10,000 of the property attributable to such reconstruction, alteration or improvement and any increase in market value greater than such amount shall not be eligible for the exemption pursuant to this section. For the purposes of this section, the market value of the reconstruction, alteration or improvement shall be equal to the increased assessed value attributable to such reconstruction, alteration or improvement divided by the most recently established state equalization rate for the city. Where the state equalization rate or special equalization rate equals or exceeds ninety -five percent, the increase in assessed value attributable to such reconstruction, alteration or improvement shall be deemed to equal the market value of such reconstruction, alteration or improvement. 2. No such exemption shall be granted for reconstruction, alterations or improvements unless: (a) such reconstruction, alteration or converted improvement was commenced subsequent to the effective date of this local law: and (b) the value of such reconstruction, alteration or improvement exceeds $5,000: and (c) the greater portion, as so determined by square footage, of the building reconstructed, altered or improved is at least 5 years old. C. For purposes of this section the terms reconstruction, alteration and improvement shall not include ordinary maintenance and repairs. D. Such exemption shall be granted only upon application by the owner of such building on a form prescribed by the state board of real property services. The application shall be filed with the Commissioner of Assessment and Taxation of the city on or before the first of day December in each year, the taxable status date of the city. E. If satisfied that the applicant is entitled to an exemption pursuant to this section, the Commissioner of Assessment and Taxation shall approve the application and such building shall thereafter be exempt from taxation and special ad valorem levies as provided in this section commencing with the assessment roll prepared on the basis of the taxable status date referred to in subdivision three of this local law. The assessed value of any exemption granted pursuant to this local law shall be entered by the assessor on the assessment roll with the taxable property, with the amount of the exemption shown in a separate column. F. For the purposes of this section, an owner occupied multiple dwelling building shall mean any building or structure designed and occupied as the temporary or permanent residence or home of two or more families, including the owner of such building. G. In the event that a building granted an exemption pursuant to this section ceases to be used primarily for residential purposes or title thereto is transferred to other than the heirs or distributes of the owner, the In addition to all filing requirements as set forth in New York State Municipal Home Rule Law and /or other applicable law, the City Clerk shall file a copy of this local law with the New York State Board of Real Property Services and the Commissioner of Assessment and Taxation of the City of Buffalo. This local law shall take effect immediately. APPROVED AS TO FORM Note: Matter underlined is new, Matter in brackets is to be deleted. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 127 BY: MR. BONIFACIO PERMIT URBAN ROOTS COMMUNITY GARDEN CENTER TO HANG BANNER ON RHODE ISLAND STREET Whereas: The Urban Roots Community Garden Center is a consumer cooperative business whose mission is to provide quality products for gardening in the City of Buffalo and be an active and enriching member of the community; and Whereas: The Urban Roots Community Garden Center has just opened its doors to the City of Buffalo community and would like to promote their services and encourage beautification and urban renewal by hanging a banner on Rhode Island Street by Brayton; and Whereas: This banner will hang from May 15, 2007 until June 30, 2007; and Whereas: The City of Buffalo proudly supports the Urban Roots Community Garden Center and wishes them the very best in the future; and Now, Therefore Be It Resolved: That the City of Buffalo hereby permits the Urban Roots Community Center to hang a banner on Rhode Island by Brayton from May 15, 2007 until June 30, 2007 to celebrate their grand opening to the community in accordance with all conditions, restrictions, and requirements as set forth by the City of Buffalo and the Department of Public Works, Parks and Streets. PASSED AYES - 9 NOES -0 NO. 128 SPONSORS: MR. DAVIS SUPPORT OF REDEVELOPMENT OF THE FORMER FEDERAL BUILDING Whereas: City of Buffalo residents complain far to often about the number of properties that are tax exempt; and Whereas: The former Federal Building located at 111 West Huron Street (AKA 200 Delaware Avenue) was a tax exempt property recently purchased by private developers; and Whereas: The proposed re -use for 111 West Huron (AKA 200 Delaware Avenue) will be of a mixed -use nature; and Whereas: It is alleged that the Federal Government disposed of this building because of Environmental concerns surrounding asbestos and potentially lead contaminants; and Whereas: Every level of Government should have a comprehensive approach to dealing with municipal and public /private partnerships thus, allowing for more tax exempt properties to be placed back on the tax rolls. Now Therefore Be It Resolved: That the Buffalo Common Council hereby supports the redevelopment of the former Federal Building located at 111 West Huron Street (AKA 200 Delaware Avenue); and Be It Further Resolved: This Honorable Body does hereby request that New York State and the Federal Government support the redevelopment efforts of the former Federal Building and specifically support all remediation efforts clearing the way for future redevelopment; and Be It Further Resolved: That this resolution be sent by certified mail to the WNY State Delegation, the NYS Federal Delegation, Governor Eliot Spitzer, Lt. Governor David Patterson, Assembly Leader Sheldon Silver, and NYS Senate Leader Joseph Bruno. Be It Finally Resolved: That this resolution remain in Finance Committee until no longer needed. ADOPT 1st- 2nd and 3rd RESOLVE THE 4th REFERRED TO THE COMMITTEE ON FINANCE No. 129 Resolution By: Brian C. Davis PERMISSION TO HANG A BANNERS ON WASHINGTON AND PEARL STREETS Whereas: Buffalo Place along with the business community in the Buffalo Place District are looking to move forward with their light pole banner program this year; and Whereas: Buffalo Place would like permission to hang banners along Washington Street and Pearl Street to advertise the business in the district. A complete list indicating the exact locations and pole numbers is attached; and Whereas: Buffalo Place is familiar with the banner requirements, and will purchase the necessary bond before the banners are hung. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo grants permission for Buffalo Place to hang banners from Tuesday, May 1, 2007 until Tuesday, July 31, 2007, and Be It Finally Resolved: That the banners meet all the requirements of pertinent City Departments and that no existing laws are violated. PASSED AYES — 9 NOES — 0 NO. 130 By: Mr. Davis Transfer of Funds That pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $88,000 be and the same is hereby transferred within Streets and said sum is hereby reappropriated as set forth below: FROM Streets - Cleaning and Snow Removal 15030005 -461 106 Salt and Sand $88,000 TO Streets Building and Fleet Maintenance 15050006 - 443302 Body Repairs $28,000 15050006 - 443303 Drive Train Repairs $60,000 PASSED AYES — 9 NOES — 0 NO. 131 By: Mr. Davis TRANSFER OF FUNDS Common Council That pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $3,000 be and the same is hereby transferred within the Common Council and said sum is hereby reappropriated as set forth below: FROM City Clerk - Services 10220006 - 432004 Engineering & Technical $3,000 TO Legislative - Personal Services 10102001 - 412002 Hourly Salary $3,000 PASSED AYES — 9 NOES — 0 NO. 132 By: Mr. Fontana Re: Discharge Item from the Legislation Committee - -(RES 135, CCP Apt 3 2007) "Living Wage Resolution for Common Council" Whereas: RES 135, CCP Apr 3, 2007, "Living Wage Resolution for Common Council' 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 RES 135, CCP Apr 3, 2007, "Living Wage Resolution for Common Council' and said item is now before the Council. ADOPT DISCHARGE, REFERRED TO THE COMMITTEE OF THE WHOLE NO. 133 BY: MR. FRANCZYK RE: APPOINT DEPUTY MAYOR HOUSING CZAR WHEREAS: The position of Commissioner of Economic Development, Permits and Inspections imposes too heavy of a responsibility on one individual; and, WHEREAS: The old city charter bifurcated the responsibilities of the Commissioner of Community Development and Commissioner of Inspections, recognizing the complex responsibilities and heavy work load of each function; and, WHEREAS: The housing crisis in the City of Buffalo necessitates the full attention of one point person, particularly in light of the estimated 10,000 properties that need to be demolished in the city at an estimated cost of $170 to $220 - million; and, WHEREAS: In light of the Webb building tragedy, the City needs to continue to review and reform the permit process which despite previous streamlining is still cumbersome; and, WHEREAS: The Inspections Department needs focused, undivided leadership dedicated to forging a more efficient, proactive inspections system aimed at limiting the type of blight which has saturated Buffalo thus far; and, WHEREAS: The Council has opined that more inspectors need to be hired as opposed to appointing a Housing Czar, but without the proper leadership, even the much greater number of inspectors on the payroll over the last twenty or thirty years did not stem the blight spreading throughout Buffalo; and, WHEREAS: In addition to a supervisory leadership role, The Deputy Mayor /Housing Czar should also be required to develop a comprehensive Housing Plan or Strategy for the city; and, WHEREAS: The city has proposed filling a lesser Director of Housing position, but that title may not have enough clout to effectuate deep, comprehensive reform and direction; NOW THEREFORE BE IT RESOLVED: That the Common Council requests that a Deputy Mayor be appointed as Housing Czar, with wide powers under the direction of the Mayor to comprehensively reform and improve the inspections /permit process in the City of Buffalo. REFERRED TO THE COMMITTEE OF THE WHOLE NO. 134 BY: MR. FRANCZYK, MR. LOCURTO RE: EARTH DAY 2007 CLIMATE ACTION RESOLUTION Whereas, there is growing public awareness of the potential impact of climate change and the need to transition from fossil fuels to renewable energy sources, and Whereas, this kind of climate change would substantially change our region, lowering lake water levels and potentially causing catastrophic ecological damage, and Whereas, under the leadership of former New York Governor George Pataki, New York demonstrated leadership by spearheading the Regional Greenhouse Gas Initiative which involves the participation of nine Northeast states which have committed to reduce climate changing emissions by 10% by 2020 compared to 2010 levels, and Whereas, New York's current Governor, Eliot Spitzer, is strongly committed to reducing greenhouse gas emissions, as demonstrated by his law suit against the federal government demanding that carbon dioxide be regulated as a pollutant and his creation of a Climate Change Office within the New York Department of Environmental Conservation, and Whereas at the beginning of the twentieth century the Buffalo /Niagara region was a leader in developing clean renewable hydro power when electricity was generated in Niagara Falls and transmitted to Buffalo making possible the celebration of the Pan American Exposition with a dazzling illumination of the Pan Am buildings with electric lighting, and we need to position ourselves again as a leader in this field by developing Buffalo /Niagara -based manufacturing, distribution, and wide - spread use of renewable energy technologies, and Whereas, New York State Energy Research and Development Authority (NYSERDA) provides assistance with incentives for developing and installing renewable energy technologies, and Whereas, The Brookings Institute Report "The Vital Center: A Federal -State Compact to Renew The Great Lakes Region," reviewed by the Buffalo Partnership, reported that the Great Lakes region has a huge base in energy and power generation and consumption, and that "the region's industrial and research infrastructure offers a strong platform for growth in improved and alternative energy sources," and Whereas, the City of Buffalo is a signatory of the U.S. Mayors Climate Protection Agreement which calls on cities with over 100,000 people to reduce their greenhouse gas emissions in accordance with the Kyoto Protocol (a 7% reduction by 2012 compared to 1990 levels). Now, therefore, be it RESOLVED, that we call upon the Buffalo Common Council to take the following actions: 1. Establish dynamic outreach and incentive programs to attract renewable energy businesses region utilizing economic development zones, generous tax credits associated with re -use of Buffalo's old buildings such as TRICO project, NYSERDA grant /loan incentive programs, clean energy technology manufacturing Incentives, green buildings tax credits, personal tax credits, state grant programs, state loan programs, state rebate programs, utility rebate programs, alternative fuel and vehicle incentives, net metering, workforce development and retraining programs, mentoring programs, establishment of "green" business incubators, and access to professional energy /business community at area colleges and universities. 2. Establish a City of Buffalo Energy Officer position with support staff and real support from other City offices and departments to promote a sustainable energy economic development agenda, reductions in fossil fuel use and greenhouse gas emissions for Buffalo. 3. Revise Buffalo economic development plan to reflect strong focus on the manufacturing and distribution of renewable energy technologies and implementation of energy conservation strategies, giving preference to the utilization of existing buildings and establishing "green" standards for economic development zones. 4. Initiate a full build -out of regional wind energy while being sensitive to sitting and environmental impact issues. 5. Promote the extension of the light rail system to the airport, the UB North Campus and other locations and develop strategies to more effectively promote use public transit. 6. Curb regional sprawl by developing effective programs to attract regional business and housing to Buffalo. 7. Develop a program to install solar panels on government buildings. 8. Encourage the New York Power Authority and the Spitzer Administration to implement policies and programs requiring recipients of inexpensive NYPA power to implement serious energy conservation and efficiency programs and to utilize renewable energy technologies. 9. Develop City green building standards which meet the "Architecture 2030" challenge and utilize the LEED (Leadership in Energy and Environmental Design) green building rating system created by the U.S. Green Building Council, and require that all major building projects in Buffalo to meet the highest standards of green building design. 10. Improve substandard housing in Buffalo and throughout the County by rebuilding housing using green principles and retrofitting for energy efficiency and renewable energy when possible. 11. Redirect housing spending, including CDBG and HOME dollars, toward weatherization and other energy efficiency improvements for people with low incomes, in order to fight poverty, preserve housing stock, and protect the environment all at the same time. 12. Require that all significant new housing and housing rehab projects meet green criteria. Fund "super- green," affordable, demonstration homes and apartments that educate the public on green design. 13. "Green" the Greenway by using the principles of green design, environmentally sustainable landscaping, materials and operating practices, and high efficiency and renewable energy systems and technologies. 14. Urge the Control Board to agree that a percent of "efficiency" money be used for energy conservation and efficiency efforts and renewable energy development. 15. Work with UB to promote the American College and University President's Climate Commitment to colleges throughout the City and County. 16. Fulfill the requirements and promise of the U.S. Mayors Climate Protection A, agreement and promote the agreement to municipalities throughout Erie County ADOPTED NO. 135 BY: MR. GOLOMBEK PERMISSION TO HANG PERMANENT FLAGS ON DEARBORN STREET Whereas: The Dearborn Street Community Association is very active in improving the quality of life on the street and in their neighborhood; and Whereas: The Dearborn Street Community Association is requesting permission to hang permanent flags at 190 Dearborn Street, comer of Amherst St; at 322 Dearborn Street, and at 260 Dearborn Street, corner of 43 Hamilton St; mid Whereas: The flags will be installed sometime in June 2007; and Whereas: The City of Buffalo supports the efforts of the Dearborn Street Community Association to beautify the neighborhood; Now, Therefore, Be It Resolved: That the City of Buffalo hereby permits the Dearborn Street Community Association to hang permanent :flags at 190 Dearborn Street, comer of Amherst St; at 322 Dearborn Street; and at 260 Dearborn Street, corner of 43 Hamilton St; and Now, Therefore, Be It Further Resolved: That all flags be hung in accordance with all conditions, restrictions, and requirements as set forth by the City of Buffalo and the Department of Public Works, Parks and Streets. PASSED AYES - 9 NOES -0 NO. 136 SPONSOR: MR. KEAMS RE: APPOINT LEGISLATIVE AIDE Whereas: I hereby appoint Jennifer L. Westerholt, residing at 39 McKinley Parkway, Buffalo, New York, 14220 to the position of Legislative Aide to the South District Council Office; and Whereas: The position of Legislative Aide pays a yearly salary of $ 30,258; Now, Therefore be it Resolved That: Jennifer L. Westerholt is hereby appointed as a Legislative Aide to the South District Council Office; and ADOPTED NO. 137 SPONSOR: MR. KEAMS CO- SPONSORS: MR. LOCURTO, MR. FRANCZYK, MR. FONTANA INTERNAL CONTROLS FOR SPENDING MONIES ALLOCATED WITHIN THE CITY BUDGET Whereas: This Common Council, through the operation of its special and regular committees, continues to encounter situations wherein City Departments have, during the course of the fiscal / operating year, either created liabilities in excess of their annual budgetary appropriations or have failed to adequately set aside funds at year end for goods and services ordered, but not received by, the close of the fiscal year; and Whereas: The Common Council continues to be placed in the awkward position of remedying these situations by approving transfers of funds to eliminate departments' over - spending or approving vendor payments in a succeeding fiscal period as Claims Transactions, or take no such action and deny vendors' payment for their good -faith delivery of goods and services; and Whereas: City taxpayers have placed their trust and confidence in all of the City's elected and appointed officials, not only to perform their City Charter and Code - directed responsibilities, but to do so in full compliance with a / /of the governing provisions of the City Charter and Code, which requires that spending be limited to the availability of funding in the respective approved annual budget line; and Whereas: The City Charter and Code mandates a strong system of checks and balances, to enable and require each branch of government to monitor the other branches and ensure legal compliance with all governing statutes, and to provide accountability for the fiduciary responsibility each elected official has to the taxpayers; and Whereas: The failure to closely monitor spending, within the framework of the approved annual budget, could weaken the City financially if it were unable to adequately remedy overspending and could undermine on -going efforts to stabilize and improve City finances, reduce the costs of operations and increase the efficiency of the delivery of City services Now Therefore Be It Resolved: That a certified copy of this resolution be referred to all City Department Heads and Elected Officials, together with a request that it be acknowledged by returning a statement to the City Clerk attesting that they have read, understand and will comply with the provisions of City Charter Sections 20 -10, 11, 12, 13, 14and 15; And Be It Further Resolved: That this Common Council hereby requests that the Comptroller immediately undertake an assessment of the Internal Controls and policies and procedures within each City Department as it relates to the approval process for incurring liabilities and expending City funds, and upon the conclusion thereof, that the Comptroller file a report with this Common Council outlining a review of work performed, any identified deficiencies and findings and any recommended action to ensure that the policies, practices and procedures in use are appropriate in each situation, are in the best interests of the City and its taxpayers, and that they will adequately protect the City from loss. REFERRED TO THE COMMITTEE ON BUDGET NO. 138 BY: MICHAEL LOCURTO EXTENSION OF PILOT AGREEMENT 1995 HERTEL PARK ASSOC WHEREAS, the Common Council of the City of Buffalo, New York (the "Council "), recognizes the need to develop a sufficient supply of adequate, safe and sanitary dwelling accommodations, for its senior citizens, WHEREAS, Hertel Park Associates, L.P., a redevelopment company regulated pursuant to the Private Housing Finance Law, undertook the development of the Hertel Park Senior Citizen Complex located at 1631 Hertel Avenue. The project consists of 138 senior citizen apartments and 100% of the tenants earn no more than 60% of the area median income. WHEREAS, in 1995 Hertel Park Associates, L.P. entered into the attached PILOT Agreement for a term of 10 years, which such term will expire at the end of this taxable year WHEREAS, the project continues to provide housing for senior citizens WHEREAS, the developer has requested an extension of the PILOT agreement for an additional five years WHEREAS, Such extension is permitted pursuant to the terms of the original PILOT Agreement(attached) RESOLVED, that the real property identified as 1631 Hertel Avenue in the City of Buffalo, New York, be exempted from real property taxes for an additional five years under the same terms and conditions of the attached PILOT, conditioned upon Hertel Park Associates., having entered into an amended Payment in Lieu of Taxes Agreement with the City of Buffalo, New York. Be it further Resolved that this Body hereby directs the Corporation Counsel's office to prepare a PILOT amendment Be it further Resolved that this Body authorizes the Mayor to enter into a PILOT Agreement amendment. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 139 MR. LOCURTO RE: HOME RULE MESSAGE SENATE BILL #4623, ASSEMBLY BILL #6669, "AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW, THE GENERAL MUNICIPAL LAW, IN RELATION TO THE CIVIL LIABILITY OF VEHICLE OWNERS OF TRAFFIC CONTROL SIGNAL VIOLATIONS IN THE CITY OF BUFFALO." Whereas: A Bill has been introduced in the New York State Senate #4523, Assembly Bill #6669, "An Act To amend the Vehicle and Traffic Law, the General Municipal Law, in relation to the civil liability of vehicle owners of traffic control signal violations in the City of Buffalo; and Whereas: The purpose of the above legislation is to authorize the City of Buffalo to implement a program using photo - monitoring devices and imposes monetary liability on vehicle owners for traffic violations; and Whereas: Each year in New York State, hundreds of people are killed and tens of thousands are injured by motor vehicle accidents at intersections which are controlled by traffic lights; and Whereas: Many accidents are caused by motorists running red lights; and Whereas: A demonstration project in New York City whereby traffic signals were equipped with cameras and fined for running red lights has proven to decrease the incidence of people running red lights; and Whereas: This legislation would enable the City of Buffalo to implement the same program utilizing technology to prevent future deaths and injuries; and Now Therefore Be It Resolved: That the Common Council of the City of Buffalo hereby goes on record in support Of Senate Bill #4523, Assembly Bill #6669, "An Act To amend the Vehicle and Traffic Law, the General Municipal Law, in relation to the civil liability of vehicle owners of traffic control signal violations in the City of Buffalo; and 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 State Legislative delegation. ADOPTED NO. 140 BY MS. RUSSELL BUDGET AND PERSONNEL AMENDMENT 04 - DEPARTMENT OF AUDIT & CONTROL 1042 - AUDIT 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 04 - Department of Audit & Control, 1142 -Audit which currently reads: 3 Assistant Auditor $ 32,487 - $ 37,485 1 Assistant Account Clerk $ 29,179 - $ 33,897 Is hereby amended to read: 2 Assistant Auditor $ 32,487 - $ 37,485 1 Administrative Assistant $ 33,545 - $ 38,584 1 Junior Auditor $ 28,772 - $ 32,281 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 ANDREW A. SANFILIPPO, COMPTROLLER 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. DONNA J. ESTRICH DIRECTOR OF ADMINISTRATION AND FINANCE APPROVED AS TO FORM Corporation Counsel PASSED AYES - 9 NOES -0 NO. 141 BY: MRS. RUSSELL IMPLEMENT 5 -DAY EXTENSION ON PAYMENT OF TAXES IN ACCORDANCE WITH §28 -65 OF THE CITY CHARTER AND §925 -13 OF THE NYS REAL PROPERTY TAX LAW On April 16, 2007, Mayor Brown duly signed into law Local Law #7 of 2007, which was unanimously passed by the Common Council, amending Article 28 of the City Charter in relation to Taxes and Assessments in the City of Buffalo and states: Pursuant to the New York State Real Property Tax Law Section 925 -b., the City of Buffalo may adopt a resolution, prior to the levy of any taxes on real property located within the City of Buffalo, authorizing an extension of no more than five (5) business days for the payment of taxes without interest or penalty to any resident of the City of Buffalo who has received an exemption pursuant to subdivision four of section four hundred twenty five or four hundred sixty -seven of the New York State Real Property Tax Law related to the principal residence located within the City of Buffalo. If such an extension is granted, and any taxes are not paid by the final due date so provided, those taxes shall be subject to the same interest and penalties that would have applied if no extension had been granted. 1 4 resolution authorizing an extension pursuant to Section 925 -b of the New York State Real Property Tax Law to those qualified residents as provided in Sections 425 and 467 of the New York State Real Property Tax Law shall be passed by a majority vote of the Common Council subject to the approval of the Mayor in accordance with Article 3 of the City Charter. This local law authorizes the City to pass a resolution providing an "extension of no more than five business days for the payment of taxes without interest or penalty to any resident of the City of Buffalo who has received an exemption pursuant to subdivision four of section four hundred twenty -five or four hundred sixty- seven of the NYS Real Property Tax Law (RPTL) related to the principal residence in the City of Buffalo ;" and In other words, the City of Buffalo is authorized to provide an extension of no more than 5 business days on the payment of taxes to any resident who has received an enhanced STAR exemption or Senior Citizens Exemption as provided by § §425 and 467 of the RPTL; and Now, Therefore, Be It Resolved: That pursuant to and in accordance with §28 -65 of the City Charter and §925 -b of the New York State Real Property Tax Law, the City of Buffalo hereby authorizes an extension of no more than five (5) business days for the payment of taxes without interest or penalty to any resident of the City of Buffalo who has received an exemption pursuant to subdivision four of section four hundred twenty -five or four hundred sixty -seven of the New York State Real Property Tax Law related to the principal residence located within the City of Buffalo; and Be It Further Resolved: That if such an extension is granted, and any taxes are not paid by the final due date so provided, those taxes shall be subject to the same interest and penalties that would have applied if no extension had been granted; and Be It Further Resolved: That this resolution shall take effect immediately upon its passage and shall apply to both the July and December City tax payments beginning with the July 2007 payment; and Be It Finally Resolved: That upon the passage of this resolution, the extensions authorized herein shall remain in effect for all future fiscal years unless rescinded, suspended, or modified by a subsequent resolution duly passed by the Common Council subject to the approval of the Mayor prior to the levy of taxes by the City of Buffalo. PASSED AYES — 9 NOES — 0 NO. 142 BY: DEMONE A SMITH Appointments Commissioner of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2008, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Jeanette Kiedrowski Robert Coniglio TOTAL2 ADOPTED NO. 143 BY: DEMONE A SMITH Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31,2008, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo Mary Sroda Valerie Czajka TOTAL2 ADOPTED NO. 144 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, May 8, 2007 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, May 8, 2007 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, May 8, 2007 at 1:00 o'clock P.M. Committee on Legislation Tuesday, May 8, 2007 at 2:00 o'clock P.M. Special Committees (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware: therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. No. 145 RECESS On a motion by Mr. Bonifacio, the Council recessed until 3:15 PM to begin the budget hearings. Seconded by Mr. Fontana ADOPTED