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HomeMy WebLinkAbout07-0515BUDSSNo. 10 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO MAY 15 SPECIAL SESSION MAY 17, 2007 BUDGET POLICE & FIRE PENSION 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 x111 w e :Kole] � i h� i I I i 9 4 :&1 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 15,2007*** MAYOR 1. Appt.- Examining Board of Plumbers LEG, COLL 2. Appt./Reappt. -Board of Pkg. LEG, COLL 3. COB Four Year Financial Plan- 5/1/ BUDGET MAYOR - EXECUTIVE 18 -17A. Bids - Drilling & Blasting for Sycamore Village Sub /Utilities (Ell) 4. Plan. Bd. -45 -49 Federal Avenue - Laidlaw, Inc. -Pkg. Lot -SEQR Neg. Decl. (Mas) R &F 5. Plan. Bd. -206 S. Elmwood Ave. -Aids Comm. Services -SEQR Neg. Decl. R &F 6. Plan. Bd.- Sycamore Village- Subdivision & Site Plan -SEQR Neg. Decl. (Fillmore) R &F 7. Strat. Plan. -CARE Architectural Services R &F 8. Strat. Plan. -Job Descriptions- Business Relationship Mgr. /Real Estate Specialist COW 9. Strat. Plan. -NYS Env. Regulations- Contaminate Levels for Residential Constr _CD,EDPI 10. Strat. Plan.- Results Neg. -301 Dingens St. (Lovejoy) APP 11. Strat. Plan.- Results Neg. -232 Fourteenth (Niag) APP COMPTROLLER Bids - Striping of Cross Walks -2007 Group 4671 12. Mayor's Proposed 2007/2008 Budget COW ASSESSMENT/TAXATION APP 13. Disabilities /Limited Incomes Exemptions FIN,CC 14. Senior Citizen Exemption FIN,CC PUBLIC WORKS. PARKS & STREETS 15. Notif Serial 410159 -60 days)LEG 16. Battaglia Trucking Inc.- Transfer Station Application - 1037 -1055 Seneca St aive 45 LEG, FIRE, POL., ENV MGMT COMM 17. Bids - Brookdale Park - Drainage Improvements (South) APP 18 -17A. Bids - Drilling & Blasting for Sycamore Village Sub /Utilities (Ell) APP 19 -18. Bids -Fire Headquarters - Emerg. Med. Svs. Training Ctr.- CS 34 -32. Windows Reconst. Job 4715(Ell.) APP 20 -19. Bids -Fire Headquarters -2 Floor - Installation of Air Conditioning -Job 4714 (Ell) APP 21 -20. Bids - Northwest Comm. Ctr.- Emerg. Masonry Reconst -Job 4708 (North APP 22 -21. Bids - Replacement of Site Specific Sidewalks - 2007 Group 4668 APP 23 -22. Bids - Striping of Cross Walks -2007 Group 4671 APP 24 -23. Bids - Striping of Lane Lines -2007 Group 4672 APP 25 -23A. Bflo. Naval Park Comm. Inc. -Perm. For Temp. Occ. New Naval Museum /Super Yard Bldgs.(Fill) APP 26 -24. Change in Contract - Police Garage - Reconst. Fire Protection System -Job 4613 (Ell) APP 27 -25. Change in Contract - Police -Main Tupper Pct., `B" District - Breezeway Add. / Reconst.- Job 4653 (Ell)APP 28 -26. HydroAir Force Main Sewer Easemen(South) _APP 29 -27. Appt.- Account Clerk- Typist (Inter) _CS 30 -28. Appt.- Deputy Director of Telecommunications (Max) _CS 31 -29. Appt. -Supv. Of Street Sanitation I (Inter) _CS P01,1C'.F 32 -30. Appt. -Motor Equipment Mechanic (Max) CS FIRE 33 -31. Appt. -Motor Equip. Maint. Supv. I(Inter) CS 34 -32. Appt. -Supt. Of Fire Vehicle Maint.(Inter) _CS ECONOMIC DEVELOPMENT & PERMITS /INSPECTIONS 35 -33. Consider an Ord. To Impound Abandoned Shopping Carts LEG 36 -34. Food Store License -1445 E. Delavan (Lovejoy) LEG 37 -35. Food Store License -1981 Fillmore(Masten) LEG 38 -36. Food Store License -31 Marine (Fill) 39 -37. Notice of Determination of Non Significance 40 -38. Provide Better Opportunities for All Children 41 -39. Restaurant Dance License (Renewal) - 120 Church(Ell) APP APP _R &F COMM SVS 42 -40. Restaurant Dance License (Renewal) - 946 Elmwood (North) APP 43 -41. Transferring Outer Harbor Land to the COB CD, NFTA 44 -42. Used Car Dealer -466 Southside (South) LEG ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS 45 -43. 2006 -2007 Third Quarter Gap Sheets _BUDGET CITY CLERK 46 -44. Minutes of the Board of Ethics 3/20/07 47 -45. Liquor License Applications 48 -46. Leaves of Absence 49 -47. Reports of Attendance 50 -48. Notices of Appointments - Mayor's Program 51 -49. Notices of Appointments - Seasonal 52 -50. Notices of Appointments - Temp. /Prow. /Perm._ MISCELLANEOUS 53 -51. L. P. Ciminelli -Board Packet Documents - 5/7/07 R &F 54 -52. B. Davis - Central Library Request for Dedicated Public Parking FIN, PW 55 -53. B. Davis - Parking Signage for 130 S. Elmwood Ave. _LEG, PW 56 -54. R. Fontana -Bison Scaffold & Mason's Supply Co.- Complaint - Buffalo Transfer Station_ LEG, PW 57 -54A J. Fink - Homeland Security Decision Seen as Costly _CD, EDPI 58 -55. R. Fontana -Letter to Public Works Comm.- Sanctions Against Brand -On Services LEG 59 -56. R. Fontana -Letter to Fire Comm.- Sanctions Against Rural Metro _LEG 60 -56A D. Franczyk -L. Kelly -Req. Forgiveness of $500.00 Emergency Board Up Fee _FIN, CC, PW, ADM. ADJ. 61 -57. J. Golombek -L. Costa - Interest in Memorial Auditorium CD 62 -57A J. Golombek -Report of Permit & Inspection Review Panel _BUDGET 63 -58. M. Henderson - Tops- Comments - Ordinance - Impounded Shopping Carts _LEG 64 -59. M. McAnany- Comments - Expanded Project Proposal R &F 65 -60. J. Ostrowski- Purchase /Rental of the Fairfield Library _FIN, EDPI 66 -61. C. Staniszewski- NYSDEC - Brownfield Cleanup Program -NOCO -1055 Genesee St._ _R &F 67 -62. P. Wolf- Responses- Support of Creating Quality of Life Centers BUDGET 68 -63. P. Wolf -Letter to Police Comm. /Chief Court Judge /F. Clark- Aggressive Panhandling Ord. R &F PETITIONS 69 -64. J. Dwyer, Agent, Use 1081 Elmwood Ave. - Restaurant (North) (Hrg. 5/22) _LEG, CP BD 70 -65. P. Le, Agent, Use 348 Dewitt-Addl. Pkg. Spaces in Lot (Niag) (Hrg. 5/22) _LEG, CP BD 71 -66. M. Agha, Owner, Use 1175 Hertel Ave. -Place Outdoor Patio to Front of Store /Rest. (Del) (Hrg. 5/22) LEG, CP BD 72 -67. R. Sasala, Owner, Use 253 Allen - Create Outdoor Patio to Rear of Rest/Bar (Ell) (Hrg. 5/22) LEG, CP BD 73 -68. E. Hurzy, Agent, Use 2310 Delaware - Illum. Ground Sign (North) (No Pub Hrg Req) LEG, CP BD RESOLUTIONS 98 -69. Bonifacio 99 -70. Davis 100 -70A. Davis Implement Tighter Restrictions on Second Hand Dealers ADOPT 1 ST RES REM LEG Pennies in the Park for the Historic West Village _ADOPT HRM Assembly Bill 47845, Senate Bill 45233 - "An Act to Amend Pks, Rec. & Hist.Pres. Law, in relation to est. Michigan St. African Amer. Heritage Corridor Comm. In Bflo. & providing membership, powers & duties thereof. ADOPT R &F R &F R &F _R &F R &F CS 101 -70B. Davis Permit Pride Buffalo to Hang Banner on Elmwood Avenue APP 102- 70C.Franczyk 103 -71. Golombek 104 -71A. Golombek 105 -72. LoCurto 106 -73. LoCurto, etc. PARKS 107 -73A. LoCurto, etc 108 -73B. LoCurto Block Battaglia Garbage Scheme Part II ADPT. 1 sT 2ND 7 T RES.; REM -LEG, PW, EDPI, PLAN BD Moving Bflo. School Board Elections to November ADOPT Perm. Hang "The Shakespeare in Delaware Park" BannerAPP Establishing a Land Bank Entity ADOPT 1 ST RES, REM CD Support Buffalo Zoo Grant Application ADOPT 1 ST RES, REM CD, PW, EC Extension of Military Leave Time /Benefits for COB Employees Who Have Been Activated to Duty Res. Designating Hertel Ave. betw. Delaware & Starin- "Little Italy" in COB ADOPT 109 -74. Kearns Perm. Hang Perm. Flags on Abbott Road, Potters Road & Choate Avenue 110 -75. Smith 111 -76. Smith 112 -77. Smith Felicitations /In Memoriums Comm. Of Deeds Comm. Of Deeds SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETING CIVIL SERVICE 74 -1. Com 11 May 1 Appt.- Associate Account Clerk (Inter 43) (Compt.) 75 -2. Com 25 May 1 76 -3. Com 47 May 1 FINANCE A. Saleh, Agt., Use 272 E. Ferry- Freestanding Sign (Mas) (No Pub 77 -4. No 64 May 1 78 -5. Res 128 May 1 79 -6. Com 11 Apr 17 80 -7. No 43 Apr 17 LEGISLATION Appt. -Water Meter Mechanic (Inter) (PW) Notices of Appt.- Temp. /Prov. /Perm. (C. Clk.) _APP ADOPT ADOPT ADOPT B. Russell - Bailey- Amherst Mgmt. Assn. Budget- 7/1/07 - 6/30/08 APP Support of Redevelopment of the Former Federal Bldg. (4 Res. Only) RECOMMIT Accepting Late Tax Payments (Compt.) R &F B. Davis -City of Buffalo Swimming Pools R &F 81 -8. Res 126 May 1 LL Intro 46 (2007) Real Property Tax Law - Article 28 (Hrg. 5/8) APP 82 -9. No 67 May 1 D. Wilcox, Agt., Use 1300 Jefferson for a Freestanding Sign (Mas) APP APP R &F HR CC 94 -21. No 37 Apr 17 E. Baker -New US Courthouse, Bflo., NY R &F (No Pub. Hrg. Req.) APP /W COND 83 -10. No 68 May 1 A. Saleh, Agt., Use 272 E. Ferry- Freestanding Sign (Mas) (No Pub Hrg Req) APP W /COND 84 -11. No 73 May 1 Brand -On Services Compliance With the Living Wage Ordinance (4148,3/20) R &F 85 -12. No 59 Apr 17 E. Hogle, Owner, Use 191 Allen St. for a Take Out Restaurant (Ell) (Hrg. 4/24) APP 86 -13. No 48 Feb 6 C. Schumer - Comments -Prop. RiverWright Energy Ethanol Plant -129 Childs St. R &F 87 -14. No 54 Feb 20 C. Slater- RiverWright Project -139 Buffalo River R &F 88 -15. Res 129 Apr 3 Buffalo River Ethanol Processing Plant (Exc. 2nd Res) R &F 89 -16. Com 16 Feb 20 Food Store License -2887 Bailey (Univ) (EDPI) APP 90 -17. Res 123 Apr 17 Trailblazing Signage for Best Street as Gayles Family Way APP COMMUNITY DEVELOPMENT 91 -18. Com 3 May 1 Results Neg. -112 Durham (Strat. Plan.) APP 92 -19. No 51 May 1 M. Clarke- Response- Vacant Property Inventory R &F 93 -20. No 61 May 1 L. Meckler- Transferring Outer Harbor Land to COB /Est. Amphitheature on Outer Harbor WATERFRONT APP APP R &F HR CC 94 -21. No 37 Apr 17 E. Baker -New US Courthouse, Bflo., NY R &F 95 -22. Com 9 Apr 3 2007 -2008 Annual Action Plan (Strat. Plan.) R &F 96 -23. Com 16 Apr 3 Results Neg. -84 Waverly (Masten) (Strat. Plan.) RECOMMIT 97 -24. No 84 Apr 3 B. Davis -S. Meadows -Legal Aid Bureau - Monthly Rpts. -1/07 & 2/07 ( 457,3/20) R &F COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, MAY 16, 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 May 1, 2007 were approved. FROM THE MAYOR NO. 1 APPOINTMENT - EXAMINING BOARD OF PLUMBERS Pursuant to Article 40-A, Section 311 of the Charter of the City of Buffalo, I hereby appoint Joseph C. Ferraro, 407 Huntington Avenue, Buffalo, New York 14214 to serve on the Examining Board of Plumbers for a 3 year term commencing immediately and expiring April 30, 2010. Mr. Ferraro, a licensed Journeyman Plumber, is the Chief Water Pollution Inspector for the City of Buffalo Division of Water. His expertise, knowledge and experience issues related to the provision of public water in the City of Buffalo will be very helpful to the Plumbing Board. I hereby certify that the above named individual is fully qualified to serve as a member of the Examining Board of Plumbers. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DIVISION OF COLLECTIONS NO. 2 APPOINTMENT — REAPPOINTMENT BOARD OF PARKING Pursuant to Section 18 -35, Section 109 -Q; Local Law 4 of the City Charter, I hereby appoint following individuals to serve on the Board of Parking for a 5 year term, commencing immediately and expiring April 30, 2012: Appointments: Daniel Derenda, 12 Dover, Buffalo, New York 14212 Mr. Derenda is presently serving as Deputy Police Commissioner in the Buffalo Police Department. Christopher Austin, 244 St. Lawrence Avenue, Buffalo, New York 14216 Mr. Austin is currently the Parking and Transportation Coordinator at the University at Buffalo. He is an active member of the International Parking Institute and a member of the Board of Directors of the New York State Parking Association. Reappointment: Henry Gorino, 33 Tudor Place, Buffalo, New York 14222. Mr. Gorino is being reappointed as a member of the Board of Parking for a 5 year term commencing immediately and expiring April 30, 2012. 1 hereby certify that the above named individuals are fully qualified to serve as members of the Board of Parking. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DIVISION OF COLLECTIONS NO. 3 CITY OF BUFFALO FOUR YEAR FINANCIAL PLAN MAY 1, 2007 REFERRED TO THE SPECIAL COMMITTEE ON BUDGET FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD NO. 4 46 -49 FEDERAL AVENUE LAIDLAW, INC. - PARKING LOT 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, Subdivision Control and Citywide Design and Site Plan, respectively. 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 NO. 6 206 SOUTH ELMWOOD AVENUE AIDS COMMUNITY SERVICES SEQR NEGATIVE DECLARATION The City Planning Board at its regular meeting held Tuesday, May 8, 2007, considered the matter captioned above pursuant to Section 511 -137 of the Buffalo Code, Citywide Design and Site Plan. 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 NO. 6 SYCAMORE VILLAGE SUBDIVISION AND SITE PLAN SEQR NEGATIVE DECLARATION The City Planning Board at its regular meeting held Tuesday, April 24, 2007, considered the matter captioned above pursuant to Sections 421 and 511 -137 of the Buffalo Code, Subdivision Control and Citywide Design and Site Plan, respectively. 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. 7 CARE ARCHITECTURAL SERVICES Please accept the attached items, per Common Council Member Demone A. Smith's request, as it relates to the Commercial Area Revitalization Effort (CARE) Architectural Services. 1. Request for Proposal Ad published in the Buffalo News 2.Architectural Consulting Services /RFP 3. Minutes from the Buffalo Economic Renaissance Corporation (BERC) Board of Director's Meeting approving Young Architectural, LLC 4. Memorandum dated May 1, 2007 relative to the selection process ATTACHMENT RECEIVED AND FILED NO. 8 JOB DESCRIPTIONS FOR BUSINESS RELATIONSHIP MANAGER AND REAL ESTATE SPECIALIST Please accept the attached in response to Common Council's request for job descriptions of the Business Relationship Specialist and the Real Estate Specialist positions. ATTACHMENT CITY OF BUFFALO OFFICE OF STRATEGIC PLANNING POSITION DESCRIPTION Position Title: Business Relationship Manager Pay Grade /Salary: $43,500 - $50,000 Position Description: Under the direction of the Executive Director: The principal function of the Business Relationship Manager is to develop and implement a enhanced business visitation program and secure assistance requested by businesses for projects that foster new job creation, investment and revitalization in the City of Buffalo. The work is performed under the supervision and direction of the President, but extensive leeway is granted for the exercise of independent judgment and initiative. The nature of the work performed requires that an employee in this class establish and maintain effective working relationships with business leaders, members of Buffalo Niagara Partnership, other city employees, business and community groups, and the general public. The principal duties of this class are performed in a general office environment. Examples of Duties: Administration of EZ Program 1. Develop and manage business retention projects through the implementation of a business visitation program. 2. Develop and implement business retention communication strategies for City of Buffalo Department of Economic Development Permits & Inspection Services, Buffalo Economic Renaissance Corporation and Buffalo Urban Renewal Agency and programs utilizing websites, newspaper articles, newsletters, informational brochures and other presentation materials. 3. Oversees the assimilation, organization and communication of retention /expansion /revitalization related information and issues to the organization, to the business community and to the public. 4. Develops, initiates, integrates and manages Economic development initiatives and programs that address changes in the economic climate and business environment or specific redevelopment areas that involve the retention of targeted business investment programs for large and small businesses. 5. Identifies, analyzes and develops solutions for critical issues identified by the business community as hindering business expansions. 6.Assumes responsibility for other duties as required or assigned. Desirable Knowledge and Skills: Ability to understand and follow complex oral and written instructions; ability to communicate well orally and in writing; ability to establish and maintain effective working relationships with public officials, developers and entrepreneurs, citizen advisory groups and residents; physical condition commensurate with the demands of the position Comprehensive knowledge of principles and practices of economic development; comprehensive knowledge of sociological and economic aspects of local, neighborhood and community development; skill in formulating and communicating policy and procedural guidelines; skill in expressing ideas effectively, both orally and in writing; comprehensive skill in maintaining productive, harmonious, and effective working relations with other agencies employees and the public. Comprehensive knowledge of business practices, marketing and attraction strategies. Minimum Requirements: Position requires a B.A. or B.S. in business administration, Urban Planning, Public Administration, Economics, or a closely related field and one (1) year of responsible experience in business management, economic development, community planning, public administration or other field related to economic development; or Five (5) years of experience as described in (a) above; or a combination of experience and education. REFERRED TO THE COMMITTEE OF THE WHOLE NO. 9 NEW YORK STATE ENVIRONMENTAL REGULATIONS - CONTAMINATE LEVELS FOR RESIDENTIAL CONSTRUCTION Please accept the attached in response to Common Council's request for information on the New York State Environmental Regulations as it relates to the contaminate levels for residential construction. ATTACHMENT REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISIONER OF EDPI NO. 10 RESULTS OF NEGOTIATIONS 301 DINGENS, 85' W WEAVER VACANT LOT: 28'X 113' ASSESSED VALUATION: $4,200 (LOVEJOY DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 301 Clinton Street from Mr. Richard E. Herman and Mrs. Karen Herman, 297 Dingens Street, Buffalo, New York 14206. Mr. and Mrs. Herman own and reside at 297 Dingens Street, which is adjacent to 301 Dingens Street. They intend to use the vacant lot for additional green space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty -Five Cents ($.45) to One Dollar ($1.00), per square foot. The results of our negotiations are that Mr. and Mrs. Herman have agreed and are prepared to pay Two Thousand One Hundred Dollars ($2,100), Sixty Six Cents ($.66) per square foot for the subject property. Mr. and Mrs. Herman have also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 301 Dingens Street to Mr. and Mrs. Herman in the amount of Two Thousand One Hundred Dollars ($2,100). 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. Mr. Bonifacio moved That the sale of 301 Dingens Street to Mr. And Mrs Herman of 297 Dingens is hereby approved in the amount of $2,100. The Office of Strategic Planning is authorized to prepare the necessary documents and the Mayor is authorized to execute same PASSED AYES - 9 NOES -0 NO. 11 RESULTS OF NEGOTIATIONS 232 FOURTEENTH, 240' NW CONNECTICUT LOT SIZE: 26'X 149' ASSESSED VALUATION: LAND $3,200 TOTAL $5,000 (NIAGARA DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 232 Fourteenth Street from Mrs. Marie Dominique Antoine, 28 North Central Street, Buffalo, New York 14212. Mrs. Antoine intends to make repairs in the amount of Ten Thousand Five Hundred Dollars ($10,500), in order to bring 232 Fourteenth Street into code compliance and use as a place of residence. The purchaser has provided the Division of Real Estate with cost estimates and proof of financial ability to acquire and rehabilitate 232 Fourteenth Street. The subject property consists of a 1,420 square foot one and one half story two family home, in fair condition, acquired by the City through tax foreclosure in 2004 and is situated on a lot 25' x 149'. 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 Three Dollars and Fifty Cents ($3.50) to Thirteen Dollars ($13.00), per square foot living area. The results of our negotiations are that Mrs. Antoine has agreed and is prepared to pay Five Thousand Dollars ($5,000), Three Dollars and Fifty Cents ($3.50) per square foot living area. Mrs. Antoine has also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 232 Fourteenth Street to Mrs. Marie Dominique Antoine in the amount of Five Thousand Dollars ($5,000). 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. Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated May 8, 2007 be received and filed; and That the offer from Mrs. Marie Dominique Antoine, residing at 28 North Central Street, in the sum of five thousand dollars ($5,000.00) for the purchase of 232 Fourteenth, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES -0 FROM THE COMPTROLLER NO. 12 MAYOR'S PROPOSED 2007/2008 BUDGET We have reviewed the Mayor's proposed budget and are filing our review and summation as required under the City's Charter. It is our opinion that the Budget appears reasonable in its estimate of the City's revenues and expenditures. The budget has increased 1.4% over the prior year, however, most of the increased spending relates to fixed costs such as health care, pension, and capital outlay, as well as, supplies and services. We compared the budget to projected actual current year revenues and expenditures, noting no material differences. Similar to the 2006/2007 budget, $12.8 million of AIM monies intercepted by the BFSA are not included in the 2008/2009 budget. Because of the restrictive nature of these monies (they may be used to maintain, minimize or reduce property taxes, support investments in technology that permanently minimize operating expenses, support economic development or infrastructure investments to achieve economic revitalization, or minimize or prevent reductions in city services), we are uncertain of which fiscal year they will be released for spending. As such, we note that it will be necessary to amend the four -year financial plan and the 2008/2009 budget for these monies once relinquished by the BFSA. Based on our review, the Mayor's budget appears conservative in the estimate of revenues and expenditures and is deemed overall to be reasonably stated. REFERRED TO THE COMMITTEE OF THE WHOLE FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 13 DISABILITIES AND LIMITED INCOMES EXEMPTION The following change to Real Property Tax Law 459 -c, Disabilities and Low Incomes Exemption, was enacted by the State of New York in August 2006. If adopted by the City of Buffalo, the change would take effect with taxable status date December 1, 2007 for the 2008 -2009 fiscal year. A proposed $3,000 increase in qualification levels will result in eligible disabled homeowners, with income under $27,000 for the 2006 calendar year, receiving a real property tax exemption of 50% of assessed value for the 2008 -09 fiscal year. All other approved applicants will receive a graduated property tax exemption of 5% to 45% levels based on a sliding scale of total annual income between $27,000 to a maximum of $35,400. For fiscal year 2009 -2010, income levels may be increased as a local option to $28,000. For fiscal year 2010 -2011, income levels may be increased as a local option to $29,000. It is anticipated that the increase in additional exempt assessed values will result in loss of tax revenue to the City of Buffalo as follows: Current New Current Exempt Anticipated Amount of Exempt %Exempt % Value Exempt Value Additional loss 50% no change 10,061,379 no change 0 45% 50% 198,821 220,912 22,091 40% 50% 139,240 174,050 34,810 35% 50% 133,800 191,143 57,343 30% 45% 116,190 174,285 58,095 25% 40% 82,860 132,576 49,716 20% 35% 42,038 73,567 31,529 15% 30% 89,914 179,828 89,914 10% 25% 55,189 139,548 84,359 5% 20% 18,548 74,192 57,796 15% 10% Anticipated: (avg. 15% of former 5% 10% & 15% projected totals) 5% 393,568 59,035 Using the above percent factors applied to the current assessment levels within each percentile group, there will be an additional $544,688 in assessed value exempted from the tax roll. $544,688 multiplied by the (2006/07) City tax rate of $20.745753 equals $11,299.96 lost tax dollars. Therefore, a $3,000 increase in income qualification levels for the Disabled and Low Income Real Property tax exemption will result in an additional approximate projected loss of $11,299.96 total tax dollars. It is expected that each following fiscal year will see a similar result. This does not take into consideration any increase in total assessed values due to revaluation that will reduce this amount. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL NO. 14 SENIOR CITIZEN EXEMPTION The following change to Real Property Tax Law 467, Senior Citizen Exemptions, was enacted by the State of New York in July 2006. If adopted by the City of Buffalo, the change would take effect with taxable status date December 1, 2007 for the 2008 -2009 fiscal year. A proposed $3,000 increase in income qualification levels to $27,000 will result in eligible senior citizen homeowners with income under $27,000 for the 2006 calendar year receiving a real property tax exemption of 50% of assessed value for the 2008 -09 fiscal year. All other approved applicants will receive a graduated property tax exemption from 5% to 45% levels based on a sliding scale of total annual income between $27,000 and a maximum of $35,400. For fiscal year 2009 -2010, income levels may be increased as a local option to $28,000. For fiscal year 2010 -2011, income levels may be increased as a local option to $29,000. If your Honorable body adopts the authorized changes, it is estimated that the financial impact to the city of Buffalo will be a total of approximately $275,004.12509 in loss of tax revenue for fiscal 2008 -09. This Department's financial impact forecast is based upon assumptions made in a review of previous years senior citizen exemption applications. It is anticipated that the increase in additional exempt assessed values will result in loss of revenue to the City of Buffalo as follows: Current New Current Exempt Anticipated Amount of Exempt % Exempt % Value Exempt Value Additional loss 50% no change $114,010,813 No Change 0 45% 50% 5,026,842 5,585,388 558,538 40% 50% 4,382,870 5,478,588 1,095,718 35% 50% 3,743,050 5,348,386 1,605,336 30% 45% 3,394,832 5,092,247 1,697,415 25% 40% 2,404,605 3,847,368 1,442,209 20% 35% 1,744,375 3,052,656 1,308,281 15% 30% 984,301 984,301 1,968,602 10% 25% 974,806 2,437,015 1,462,209 5% 20% 483,070 1,032,288 1,449,210 15% 10% Anticipated: (avg. 15% of former 5% 10% & 15% projected totals) 5% 4,453,604 668,406 Using the above percent factors applied to the current assessment levels within each percentile group, there will be an additional $13,255,924 in assessed value exempted from the tax roll. $13,255,924 multiplied by the (2006/07) City tax rate of $20.745753 equals $275,004.12509 lost tax dollars. Therefore, a $3,000 increase in income qualification levels for the Senior Citizen Real Property tax exemption will result in an additional approximate projected loss of $275,004.13 total tax dollars . It is expected that each following fiscal year will see a similar result. This does not take into consideration any increase in total assessed values due to revaluation that will reduce this amount. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 16 NOTIFICATION SERIAL # 10169 TRAFFIC CONTROL SIGNAL - REPEAL EAST AMHERST STREET AT HILL STREET TRAFFIC CONTROL SIGNAL - 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 alter the first Council meeting at which they appear on the agenda as an item business. That that part of Section 36 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: TRAFFIC CONTROL SIGNAL INTERSECTION OF East Amherst Street at Hill Street This action is being taken as a result of intersection studies conducted in conjunction with a current Federal CMAQ Traffic Signal Project along the Amherst / E. Amherst Street corridor. Traffic studies performed by the project consultant, Nussbaumer & Clarke, Inc., indicate that a traffic signal at this intersection is not warranted in accordance with the Codes, Rules and Regulations of the State of New York, (NYCRR) Title 17, Chapter V (MUTCD), Part 270. (see next serial) NOTIFICATION SERIAL #10160 TRAFFIC CONTROL SIGNAL - INSTALL EAST AMHERST STREET AT MANHATTAN AVENUE TRAFFIC CONTROL SIGNAL - 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 Section 36 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: TRAFFIC CONTROL SIGNAL INTERSECTION OF East Amherst Street at Manhattan Avenue This action is being taken as a result of intersection studies conducted in conjunction with a current Federal CMAQ Traffic Signal Project along the Amherst / E. Amherst Street corridor. Traffic studies performed by the project consultant, Nussbaumer & Clarke, Inc., indicate that a traffic signal at this intersection is warranted in accordance with the Codes, Rules and Regulations of the State of New York, (NYCRR) Title 17, Chapter V (MUTCD), Part 270. (see previous serial) Waive 45 days REFERRED TO THE COMMITTEE ON LEGISLATION NO. 16 BATTAGLIA TRUCKING INC. 1037 -1055 SENECA ST. TRANSFER STATION APPLICATION Your Honorable Body previously approved an ordinance amendment entitled Article VIII - Landfills, Transfer Station and Grading, Chapter 263, Licenses (Item #110 CCP of 11129105). In regard to this new ordinance amendment our department has received a license application from Battaglia Trucking Inc. for operations at 1037- 1055 Seneca St. Upon checking with permits and licenses, it is our understanding that Battaglia Trucking has a permit /license (copy attached) to operate a transfer station at this location for the processing of construction and demolition debris only. The new application received by our department requests permission to expand the transfer operations to handle other materials such as solid waste, garbage, putrescible and nonputrescible waste, and medical solid waste. As stipulated in the Ordinance Amendment in regard to the application procedure our department shall cause copies of the application to be forwarded to Fire, Police and the Environmental Management Commission (EMC) for recommendations. Also a copy shall be forwarded to the Common Council. I have attached a copy of the application and a site plan for information and use. I would request that Your Honorable Body forward the attached information to Fire, Police and the EMC for these comments. Pending receipt of comments the ordinance states that a submission be made to the Planning Board to schedule a public hearing on the matter. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF FIRE, THE COMMISSIONER OF POLICE AND THE ENVIRONMENTAL MANAGEMENT COMMISSION NO. 17 REPORT OF BIDS BROOKDALE PARK DRAINAGE IMPROVEMENTS (SOUTH) I advertised on April 25, 2007 and have received the following bids for the Brookdale Park Drainage Improvements contract, which were publicly opened & read on May 9, 2007. General Contractor Base Bid Birch Grove Landscaping $25,762.00 117 Bear Road Cowlesville, NY 14037 Gardenville Landscape $26,780.00 3069 Clinton Street West Seneca, NY 14224 Oakhurst Development Services $28,810.60 208 Oakhurst Street Lockport, NY 14094 Titan Development, Inc. $36,820.00 8534 Seaman Road Gasport, NY 14067 Occhino Corp. $37,604.00 2650 Seneca Street West Seneca, NY 14224 1 hereby certify the foregoing is a true and correct statement of the bids received and that Birch Grove Landscaping & Nursery Inc. of Cowlesville, NY is the lowest responsible bidder in accordance with the plans and specifications; and that the contract amount is $25,762.00. 1 request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. The Engineer's estimate for this work was $35,000 and funds for this work will be available in the 2007 Parks Improvements Bond sale. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated May 9, 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 Brookdale Park Drainage Improvements, to Birch Grove Landscaping & Nursery, Inc., the lowest responsible bidder, in the amount of $25,762. Funds for the project are available in the 2007 Parks Improvements Bond sale. PASSED AYES - 9 NOES -0 No. 18 Report of Bids Drilling and Blasting for Sycamore Village Subdivision and Utilities - Ellicott District This is to advise vour Honorable Bodv that I have advertised and received one (1) bid in reaard to the above - mentioned contract. Phase I includes the Drillina and Blastina within the fiaht -of -ways of the Svcamore Villaae subdivision plus the cost of abandoned utilities. In obtaining this bid 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 bid was received: Base Bid Plus 10% Increase Merk Blasting Services, Inc. $70,645.00 $77,709.50 7370 Townline Road,. Derby, NY 14047 1 hereby certify that the low bidder for the above project is Merk Blasting Services, Inc. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $77,709.50 ($70,645.00 bid + 10% increase $7,064.50 = $ 77,709.50 ). Funds for this work are available in Capital Project Account #30311306..445100. 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 June 23, 2007. The bid submission is available in our office for inspection and copies are available upon request. Mr Bonifacio moved That the acting Commissioner of Public Works is hereby authorized to accept the bid of Merk Blasting Services, Inc for drilling and blazing for Sycamore Village subdivision and utilities. The base bid is hereby approved at $70,645 plus 10% increase totaling $77,709.50 PASSED AYES —9 NOES — 0 NO. 19 Fire Headquarters Emergency Medical Services Training Ctr. Windows Reconstruction Job #0715 Ellicott District I advertised for on April 17, 2007 and received the following formal sealed bids for Fire Headquarters Center, Windows Reconstruction, on May 1, 2007. Emergency Medical Services Training I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funds for this project are available in 39320406 445100 - Division of Buildings. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated May 2, 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 Fire Headquarters, Emergency Medical Services Training Center, Windows Reconstruction, to Miller Enterprises, Inc., the lowest responsible bidder, in the amount of $54,500. Funds for the project are available in 39320406 445100 - Division of Buildings. PASSED AYES — 9 NOES — 0 NO. 20 Report of Bids Fire Headquarters - 2 Floor Installation of Air Conditioning Job #0714 Ellicott District I advertised for on April 24, 2007 and received the following formal sealed bids for Fire Headquarters, 2 Floor, Installation of Air Conditioning, on May 8, 2007. BASE BID Miller Enterprises, Inc. $54,500.00 12 Newfield St., Buffalo, NY The C. H. Byron Co. NO BID J. A. Gulick Window Co. NO BID I hereby certify that the foregoing is a true and correct statement of all bids received and that Miller Enterprises, with a bid of Fifty Four Thousand Five Hundred and 00/100 Dollars ($54.500.00). is the lowest responsible bidder in accordance with the Dlans 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 bid. Funds for this project are available in 39320406 445100 - Division of Buildings. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated May 2, 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 Fire Headquarters, Emergency Medical Services Training Center, Windows Reconstruction, to Miller Enterprises, Inc., the lowest responsible bidder, in the amount of $54,500. Funds for the project are available in 39320406 445100 - Division of Buildings. PASSED AYES — 9 NOES — 0 NO. 20 Report of Bids Fire Headquarters - 2 Floor Installation of Air Conditioning Job #0714 Ellicott District I advertised for on April 24, 2007 and received the following formal sealed bids for Fire Headquarters, 2 Floor, Installation of Air Conditioning, on May 8, 2007. Add Alternate #1: Supply and install 2 fresh air make -up unit. I hereby certify that the foregoing is a true and correct statement of all bids received and that Greater Niagara Mechanical, with a Base Bid of $53,800.00, add Alternate #1 for $7,900.00, for a total bid amount of Sixty One Thousand Seven Hundred and 00/100 ($61,700.00), 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 bid. Funds for this project are available in 39320406 445100 - Division of Buildings. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated May 9, 2007, be received and filed; and BASE BID ALT #1 Greater Niagara Mechanical 7311 Ward Rd, N Tonawanda, NY $53,800.00 $ 7,900.00 Parise Mechanical 233 Fillmore, Tonawanda, NY $50,700.00 $12,400.00 D V Brown & Associates 567 Vickers, Tonawanda, NY $54,999.00 $ 8,736.00 John W. Danforth Co. 300 Colvin Woods, Tonawanda, NY $64,669.00 $11,127.00 Base Bid Add Alternate #1: Supply and install 2 fresh air make -up unit. I hereby certify that the foregoing is a true and correct statement of all bids received and that Greater Niagara Mechanical, with a Base Bid of $53,800.00, add Alternate #1 for $7,900.00, for a total bid amount of Sixty One Thousand Seven Hundred and 00/100 ($61,700.00), 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 bid. Funds for this project are available in 39320406 445100 - Division of Buildings. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated May 9, 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 Fire Headquarters - 2 a Floor, Installation of Air Conditioning, to Greater Niagara Mechanical, the lowest responsible bidder, in the amount of $53,800.00 add Alternate #1 for $7,900.00. Funds for the project are available in 39320406 445100 - Division of Buildings. PASSED AYES — 9 NOES — 0 NO. 21 Report of Bids Northwest Community Center Emergency Masonry Reconstruction Job #0708 North District I advertised for on April 17, 2007 and received the following formal sealed bids for the Northwest Community Center, Emergency Masonry Reconstruction, on May 1, 2007. Base Bid Alt. #1 International Chimney Corp. 55 South Long St. $112,000.00 $11,500.00 Williamsville, NY 14221 No other bids received. Add Alternate #1 : Repair /replace existing lighting protection system. I hereby certify that the foregoing is a true and correct statement of all bids received and that International Chimney Corp., with a Base Bid of $112,000.00, add Alternate #1 for $11,500.00, for a total bid amount of One Hundred Twenty Three Thousand Five Hundred and 00/100 ($123,500.00), 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 bid. Funds for this project are available in 39320606 ($98,343.25) and 38320906 ($25,156.75)445100 - Division of Buildings. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated May 2, 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 Northwest Community Center - Emergency Masonry Reconstruction, Job #0708, to International Chimney Corp., the lowest responsible bidder, in the amount of$112,000.00 add Alternate #1 for $11,500.00. Funds for the project are available in 39320606 ($98,343.25) and 38320906 ($25,156.75) 445100 - Division of Buildings. PASSED AYES — 9 NOES — 0 NO. 22 Report of Bids Replacement of Site Specific Sidewalks - 2007 Gr. #668 This is to advise your Honorable Body that I have advertised and received three (3) bids in regard to the above mentioned contract. Work associated with this contract involves repair of hazardous conditions, City Clerk notices and tree root damaged sidewalk. A list of locations is attached (L -I thru L -31). 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 Master's Edge, Inc. 3409 Broadway, Cheektowaga, NY 14227 $644,615.00 $790,076.50 P & J Construction Co., Inc. 709 Pleasant View Drive, Lancaster, NY 14086 $651,930.00 $717,123.00 Titan Development, Inc. 8534 Seaman Road, Gasport, NY 14067 $687,720.00 $756,492.00 'Adjusted Amount I hereby certify that the low bidder for the above project is Master's Edge, Inc. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $790,076.50 ($644,615.00 base bid + 10% increase $64,461.50 = $ 790,076.50 ). 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 $750,000.00. The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by June 9"' 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 May 3, 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 Replacement of Site Specific Sidewalks -2007, Group #668, to Master's Edge, Inc., the lowest responsible bidder, in the amount of $790,076.50 ($644,615 base bid +10% increase $64,461.50 = $790,076.50). Funds for the project are available in Capital Project Account #330032106 and an infrastructure account to be established after the 2007 spring bond sale. The engineer's estimate for this work is $750,000.00 The attached is certified to be 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 June 9 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 May 3, 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 Replacement of Site Specific Sidewalks 2007 Group #668 to Master's Edge, Inc the lowest responsible bidder, in the amount of $790,076.50 ($644,615 base bid + 10% increase $64,461.50 = $790,076.5) Funds for the project are available in Capital Project Account #3300032106 and an infrastructure account to be established after the 2007 spring bond sale. PASSED AYES — 9 NOES — 0 No. 23 REPORT OF BIDS STRIPING OF CROSS WALKS 2007 ROUP 671 This is to advise Your Honorable Body that I have advertised and received bids on May 9, 2007 The following bids were received Contractor Total Bid Price Company #1 Accent Stripe, Inc ........................................ ............................... .....................$99,914.00 3275 N. Benzing Road Orchard Park, NY 14127 1 hereby certify that the lowest responsible bidder for the above project is Accent Stripe, Inc. And I respectfully recommend that Your Honorable Body authorize a contract award to Accent Stripe, Inc. in the amount of $99,914.00. Funds for this project are available in our Capital Account #30032106 - 445100 and an Capital Infrastructure Account to be established after Spring 2007 Bond Sale. The engineer's estimate for this work is $93,277.20. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated May 9, 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 Striping of Cross Walks - 2007 Group 671, to Accent Stripe, Inc., the lowest responsible bidder, in the amount of $99,914.00. Funds for the project are available in Capital Account #30032106 - 445100 and in a Capital Infrastructure Account to be established after Spring 2007 Bond Sale. PASSED AYES — 9 NOES — 0 NO. 24 Report of Bids Striping of Lane Lines - 2007 Group 672 This is to advise Your Honorable Body that I have advertised and received bids on May 9, 2007 The following bids were received: Contractor Total Bid Price Company #1 Accent Stripe Inc ......................................... ............................... .....................$72,600.00 3275 N. Benzing Road Orchard Park, NY 14127 1 hereby certify that the lowest responsible bidder for the above project is Accent Stripe, Inc. and I respectfully recommend that Your Honorable Body authorize a contract award to Accent Stripe, Inc. In the amount of $79,860.00 (Base Bid of $72,600.00 + [10% unit price increases] $7,260.00 equals [Total Award] $79,860.00.) Funds for this project are available in our Capital Account #30032106 - 445100 and an Capital Infrastructure Account to be established after Spring 2007 Bond Sale. The engineer's estimate for this work is $87,550.00. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated May 9, 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 Striping of Lane Lines - 2007 Group 672, to Accent Stripe, Inc., the lowest responsible bidder, in the amount of $79,860.00 (Base Bid of $72,600.00 + [ 10% unit price increases] $7,260.00 equals [Total Award] $79,860.0. Funds for the project are available in Capital Account #30032106 - 445100 and in a Capital Infrastructure Account to be established after Spring 2007 Bond Sale. PASSED AYES — 9 NOES -0 NO. 26 Buffalo Naval Park Committee, Inc. Permission for Temporary Occupancy New Naval Museum and Super Yard Buildings Fillmore District The Empire State Development Corporation has been progressing construction of the new Naval Museum and Super Yard as part of the Erie Canal Harbor Development Project. These structures are 95% complete and are located on either side of the new historic cobblestone City street (proposed "Commercial Street "), also under construction. When complete, the Museum and Super Yard buildings will be turned over for ownership to the City of Buffalo. The lease between the City of Buffalo and the Buffalo Naval Park Committee Inc. is currently being negotiated by the Division of Real Estate and the Corporation Counsel. In order to keep the project moving forward and allow for moving operations, it is requested that Your Honorable Body authorize temporary occupancy of the Museum and Super Yard buildings until such time that the lease is finalized. The Naval Park Committee Inc. will provide an insurance certificate naming the City of Buffalo in an amount subject to approval by the Corporation Counsel. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated May 14, 2007, be received and filed; and That the Common Council authorize temporary occupancy of the Museum and Super Yard buildings until such time that the lease between the City and the Buffalo Naval Park Committee Inc. is finalized. Passed. AYES — 9 NOES — 0 NO. 26 Change in Contract Police Garage Reconstruct Fire Protection System Job #0613 Ellicott District I hereby submit to Your Honorable Body the following changes for the Police Garage, Reconstruct Fire Protection System, Simplex Grinnell, C #92011231. 1. Furnish and install additional pipe required due to the open mezzanine above the Storage Room being covered with plywood, obstructing sprinkler coverage. The foregoing change results in a net increase in the contract of Two Thousand Nine Hundred Ten and 00/100 Dollars ($2,910.00). Add $ 2,910.00 SUMMARY Current Contract Amount $64,850.00 Amount of This Change Order ( #1) ADD $ 2,910.00 Revised Contract Amount $67,760.00 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 38321106 445100 - Buildings. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated May 2, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to Simplex Grinnell, an increase in the amount of $2,910.00, as more fully described in the above communication, for work relating to Job No. 0613, Police Garage, Reconstruct Fire Protection System, C #92011231. Funds for this project are available in 38321106 445100 - Buildings. PASSED AYES —9 NOES — 0 NO. 27 Change in Contract Police -Main Tupper Pct., 'B' District Breezeway Addition & Reconstruction Job #0653 Ellicott District I hereby submit to Your Honorable Body the following changes for the Main Tupper Pct., 'B' District, Breezeway Addition & Reconstruction, Miller Enterprises, C #92011200. 1. Additional structural steel work necessary not shown on original drawing. Add $ 8,564.00 The foregoing change results in a net increase in the contract of Eight Thousand Five Hundred Sixty Four and 00/100 Dollars ($8,564.00). SUMMARY Current Contract Amount $91,400.00 Amount of This Change Order ( #1) ADD $ 8,564.00 Revised Contract Amount $99,964.00 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 35320306 445100 - Division of Buildings. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated May 1, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to Miller Enterprises, an increase in the amount of $8,564.00, as more fully described in the above communication, for work relating to Job No. 0653, Police -Main Tupper Pet. "B" District, Breezeway Addition & Reconstruction, C #92011200. Funds for this project are available in 35320306 445100 - Division of Buildings. PASSED AYES — 9 NOES — 0 NO. 28 HydroAir Force Main Sewer Easement South District In conjunction with the HydroAir Development on Rittling St. (formerly Abby St.) a force main sanitary sewer was installed to service the new HydroAir Plant. A portion of this line was installed on an unimproved, dedicated City street right of way known as Burt St. between Abby and Germania Streets. Another portion of the sanitary sewer was installed in an existing City of Buffalo easement area between Hopkins and Germania Streets. In order to satisfy legal requirements the existing sewer easement (copy attached) must be revised to allow for installation of the new force main. As a result, our department in conjunction with the Law Department is submitting the new easement agreement for approval by Your Honorable Body. It is hereby requested that Your Honorable Body approve the new easement and authorize the Mayor to enter into agreement and any other legal documents necessary to facilitate this project. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated May 9, 2007, be received and filed; and That the Mayor, be, and he hereby is authorized to enter into an Easement Amendment and any other legal documents with Kulp Waco Corporation for the area between Hopkins and Germania Streets. AYES — 9 NOES — 0 NO. 29 Certificate of Appointment Appointment Effective: May 7,2007 in the Department of Public Works, Parks & Streets Division of Water to the Position of Account Clerk- Typist Temporary Promotion at the: Imtermediate Starting Salary of: $28,505.00 Kathleen Keane 88 Sage Avenue Buffalo, New York 14210 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 30 CERTIFICATE OF APPOINTMENT Appointment Effective: APRIL 27,2007 in the Department of Public Works, Parks & Streets TO THE POSITION OF DEPUTY DIRECTOR OF TELECOMMUNICATIONS REINSTATE PROVISIONAL COMPETITIVE ATH THE STARTING SALARY OF $37,927 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 31 Certificate of Appointment Appointment Effective: 05/02/2007 in the Department of PUBLIC WORKS Division of STREETS to the Position of SUPERVISOR OF STREET SANITATION I PROVISIONAL, PROMOTION, INTERMEDIATE STARTING SALARY OF $32,191 Gregory Nelson 105 Arden Avenue Buffalo, NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 32 Certificate of Appointment Appointment Effective April 16, 2007 in the Department of Police Division of Fleet Maintenance to the position of Motor Equipment Mechanic Permanent Appointment Maximum Starting salary of $32,661 Mark S. Chapin 135 Tonawanda Street Buffalo, NY 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE a :IQ LVi& 9:1 =11115K6Lrihril IQ 0 1 14:ZO] a y I N 4 NO. 33 CERTIFICATE OF APPOINTMENT Appointment Effective May 7, 2007 in the Department of Fire Division of Fire to the Position of Motor Equipment Maint Supervisor I Temporary Promotion Intermediate Starting Salary of $33,094 John Kelleher, Jr. 223 Geary Buffalo, 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 34 Certificate of Appointment Appointment Effective May 7, 2007 in the Department of Fire Division of Fire to the Position of Superintendent of fire vehicle Maintenance Provisional Promotion Intermediate Starting Salary of $44,275 ANDREW ADINOLFI 56 BELMONT BUFFALO, 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 35 Consider an Ordinance to Impound Abandoned Shopping Carts Res #130, C.C.P. April 3, 2007 1 am writing in response to your request for comment on Resolution # 130 "Consider an Ordinance to Impound Abandoned Shopping Cads ". The Department of Economic Development, Permit, and Inspection Services is researching ways to mitigate the. problems associated with lost or stolen shopping carts found around the City of Buffalo. The accumulation of wrecked, dismantled and abandoned shopping carts on public or private property creates conditions that reduce property values, promoting blight and deterioration in the City. Short -term temporary solution: 1 .) Adding to the city or store website, a page to report the address of the lost /stolen shopping cart. 2.) Posting signs at the store and on the cart warning shoppers that taking cads off store premises is a crime. Long -term permanent solution: 1 .) Change city ordinance to encourage or require all stores that provide shopping carts to its customers also ensure those carts have an anti theft device attached to the cart. Examples of this are: a.) Locking wheels. One or more device can be put on the carts wheels locking them if the cart is pushed past an invisible electric curtain. The device locks when it receives a low power frequency from the transmission line. A transmitter is placed around the radius of the parking lot under the cement or asphalt. This wire has an effective broadcast range of within a few feet both vertically and horizontally. Usually a yellow line is placed several feet in front of the broadcast range to warn customers that their cart will abruptly stop if they roll their cart over the yellow line. b.) Requiring a deposit to use the cads. Where the carts are chained together and the customer 'rents" the cart by inserting a coin in a slot to unlock the chain. When the customer is done using the cart, it is rejoined to the other carts with the chain and the deposit it returned to the customer. Also this is done at many airports with luggage carts. This can also be a great opportunity for the City to recuperate the cost of retrieving and returning the carts to the store. With this new ordinance, the City makes the stores aware that this service will not be provided free indefinitely. After a number of instances the store can either retrieve their own carts or contract the City to do so. If you have further questions, I would be happy to discuss this matter with you. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 36 Food Store License 1445 East Delavan ('Lovejoy) 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 1445 East Delavan (Kings Dell) and find that as to form is correct. I have food store license is being sought and according caused an investigation into the premises for which said application for a Collections to the attached reports from the Zoning Office, Fire Department, Budding Inspections, Police Department and Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION No. 37 Food Store License 1981 Fillmore (Masten) 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 1981 Fillmore (Sunoco A Plus) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 38 Food Store License 31 Marine (Ellicott) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 31 Marine (Marina Market) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. 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 Rene Wolasz, located at 31 Marine. Passed AYES — 9 NOES — 0 NO. 39 Notice of Determination of Non - Significance NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON - SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEAR), Article 8 of the New York State Environmental Conservation Law. Lead Agency: City of Buffalo Dept. of Economic Development, Permit & Inspection Services Room 324 City Hall 65 Niagara Square Buffalo, New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment. Demolition of City - Owned Buildings Scattered Sites - City Wide. See attached list. Type of Action: Unlisted -Coordinated Review Description: The Department of Permit & Inspection Services proposes to demolish severely dilapidated, uninhabitable, vacant City of Buffalo properties. The project will be financed with $ 5 million of funding through the Dormitory Authority of the State of New York . As a result of this environmental review, the Lead Agency has determined that the undertaking of this action will not have a significant adverse effect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The few negative impacts identified are all impacts due to demolition and site clean -up activities, which will generate increased vehicle emissions, fugitive dust, and increased noise levels. These are short -term impacts only that will have a minor effect on the environment, and are not significant in 68 NIAGARA SQUARE / 324 CITY HALL / BUFFALO, "Y 14202 3303 / (716) 851 -4972 / F.GX: (716) 851 -4242 / Email: rrobe @city - buffalo corn magnitude or effect. City codes and proper demolition practices will mitigate potential adverse impacts due to project activities. The impacts that are likely to occur as a result of the project appear; on the whole, to be beneficial and not significant in magnitude or effect, and will not, either individually or as a whole, have a significant effect on the environment. They will: remove abandoned, severely dilapidated and structurally unsound residential properties and other structures which pose a real threat to the health and safety of neighborhood residents; remove short term employment opportunities. RECEIVED AND FILED NO. 40 Providing Better Opportunities for All Children Res #140, C.C.P. April 3, 2007 1 am writing in response to your request for comment on Resolution # 140, "Providing Better Opportunities for All Children ". The findings reported in the recently published "Children Left Behind" are of concern to the Department of Economic Development, Permit & Inspection Services. While we generally concur with the recommendations to improve disadvantaged neighborhoods, we respectively request the Common Council seek comment from Tanya Perrin - Johnson - Commissioner, Community Services. Commissioner Perrin - Johnson is in a much better position to comment on the findings and recommendations made in the detailed report. If you have further questions, I would be happy to discuss this matter with you. REFERRED TO THE COMMITTEE ON EDUCATION AND THE COMMISSIONER OF COMMUNITY SERVICES NO. 41 Restaurant Dance License (RENEWAL) 120 Church (ELLICOTT) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 120 Church (Adam's Mark Hotel) for which said renewal application for a Restaurant Dance Class I license is being sought by James Horsman 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 May 1, 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 Class II /License to Adam's Mark Hotel, located at 120 Church Street. PASSED AYES — 9 NOES — 0 Restaurant Dance License (RENEWAL) 946 Elmwood (NORTH) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 946 Elmwood (McGarrets) for which said renewal application for a Restaurant Dance Class UI license is being sought by David Putnam 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 May 1, 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 Class — License to David Putman d /b /a McGarrets, located at 946 Elmwood Avenue. PASSED AYES — 9 NOES — 0 NO. 43 Transferring Outer Harbor Land to the City of Buffalo Res #132, C.C.P. April 3, 2007 1 am writing in response to your request for comment on Resolution # 132, "Transferring Outer Harbor Land to the City of Buffalo ". The Department of Economic Development, Permit and Inspection Services recognizes the Common Council's Resolution which identifies the Outer Harbor as some of the most valuable land in the City of Buffalo and presents the greatest potential for development. While the Department does not object to the transfer of land from the Niagara Frontier Transportation Authority to the City of Buffalo, the Department does have concerns related to the transfer that need to be addressed before the transfer takes place. Most notably, the Department has concerns related to environmental conditions and legal responsibilities. As the Common Council is aware, the Outer Harbor has a significant industrial past which raise concerns related to prior use contamination and responsibilities related to costs and clean -up. The Department expresses its intent to work with both sides to oversea the transfer of the Outer Harbor upon successful negotiation of outstanding concerns it has. If you have further questions, I would be happy to discuss this matter with you. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE NFTA NO. 44 Used Car Dealer 466 Southside (South) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 466 Southside and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Mark Lorenz. The attached thereto for Mark Lorenz, dba /Loren's Auto Service. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO. 45 2006 -2007 Third Quarter Gap Sheets City of Buffalo, Buffalo Public Schools, Buffalo Urban Renewal Agency, Buffalo Municipal Housing Authority and Joint Schools Construction Board COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON BUDGET FROM THE CITY CLERK NO. 46 MINUTES OF THE BOARD OF ETHICS Attached please find the minutes of the March 20, 2007 Board of Ethics Meeting. RECEIVED AND FILED. NO. 48 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 -S. Howard, T. Vivolo, P. Delano, K. Gannon EDPI —P. Lonergan RECEIVED AND FILED. NO. 49 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 - 5/2/07. RECEIVED AND FILED. NO. 50 APPOINTMENTS - MAYOR'S YOUTH OPPORTUNITY & EMPLOYMENT I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Program. RECEIVED AND FILED. Appointments Effective 4/30/07 in the Department of Community Services & Recreational Programming, Division of Youth, to the position of Intern VI, Seasonal, at the flat starting salary of $10.00 /hr. Monique Watts 80 North Parade Avenue Buffalo, NY 14211 NO. 51 NOTICES OF APPOINTMENTS - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. DEPARTMENT OF PUBLIC WORKS, PARKS & STREETS Appointments Effective 5/3/07 in the Department of Public Works, Division of Engineering, to the position of Laborer II, Seasonal, at the flat starting salary of $8.15/hr. Vincent Lopez 311 Starin Avenue Buffalo, NY 14216 Raysean Q. Johnson 161 Marine Drive, Apt. 4D Buffalo, NY 14202 Appointment Effective 4/30/07 in the Department of Public Works, Division of Engineering, to the position of Laborer II, Seasonal, at the flat starting salary of $8.15/hr. Michael Schroeder 98 Coolidge Rd. Buffalo, NY 14220 NO. 52 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. NO. 47 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 2115 Seneca Manny's of WNY Inc Manny's 699 Fillmore TAJZE LLC TAJZE 1412 Kensington Cocktails and More Irene Y. Melson 228 Franklin Charles DiGangi Charles DiGangi 1111 Fuhrmann Buffalo River Marine Terminal Inc. S. Tucker Curtin Sr. 85 W. Chippewa No Name Given James A. Sutton 297 Franklin St. Duo Forno, Inc. P. Kelleher, Agent 257 Franklin St. Buffalo Pub Concepts Inc. P. Kelleher, Agent RECEIVED AND FILED. NO. 48 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 -S. Howard, T. Vivolo, P. Delano, K. Gannon EDPI —P. Lonergan RECEIVED AND FILED. NO. 49 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 - 5/2/07. RECEIVED AND FILED. NO. 50 APPOINTMENTS - MAYOR'S YOUTH OPPORTUNITY & EMPLOYMENT I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Program. RECEIVED AND FILED. Appointments Effective 4/30/07 in the Department of Community Services & Recreational Programming, Division of Youth, to the position of Intern VI, Seasonal, at the flat starting salary of $10.00 /hr. Monique Watts 80 North Parade Avenue Buffalo, NY 14211 NO. 51 NOTICES OF APPOINTMENTS - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. DEPARTMENT OF PUBLIC WORKS, PARKS & STREETS Appointments Effective 5/3/07 in the Department of Public Works, Division of Engineering, to the position of Laborer II, Seasonal, at the flat starting salary of $8.15/hr. Vincent Lopez 311 Starin Avenue Buffalo, NY 14216 Raysean Q. Johnson 161 Marine Drive, Apt. 4D Buffalo, NY 14202 Appointment Effective 4/30/07 in the Department of Public Works, Division of Engineering, to the position of Laborer II, Seasonal, at the flat starting salary of $8.15/hr. Michael Schroeder 98 Coolidge Rd. Buffalo, NY 14220 NO. 52 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. DEPARTMENT OF AUDIT AND CONTROL Appointment Effective May 14, 2007 in the Department of Audit & Control, Division of Audit, to the position of Senior Auditor, Temporary, at the minimum starting salary of $37,852. Catherine Trautman 250 Linwood Avenue Buffalo, NY 14209 DEPARTMENT OF FIRE Appointment Effective May 7, 2007 in the Department of Fire, Division of Fire, to the position of Motor Equipment Mechanic, Temporary, at the minimum starting salary of $28,999. Henry N. Stahl IV 38 Barnard St. Buffalo, NY 14206 DEPARTMENT OF POLICE Appointment Effective 5/7/07 in the Department of Police, Division of Communications, to the position of Public Safety Dispatcher, Permanent, at the minimum starting salary of $28,164. Adam C. Okonczak 107 South Pontiac Street Buffalo, NY 14206 Appointments Effective 4/30/07 in the Department of Police, Division of Communications, to the position of Public Safety Dispatcher, Permanent, at the minimum starting salary of $28,164. Patrick J. McDonald 4 Folger Buffalo, NY 14220 Susan M. Forero 248 Katherine St. Buffalo, NY 14210 DEPARTMENT OF PUBLIC WORKS, PARKS AND STREETS Appointment Effective 4/30/07 in the Department of Public Works, Parks & Streets, Division of Engineering, to the position of Senior Engineer, Provisional Promotion, at the minimum starting salary of $47,712. Michael Hoffert 55 Coburg St. Buffalo, NY 14216 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 63 Board Packet Documents 06/07/2007 Attached are the following documents from the Joint Schools Construction Board meeting scheduled on May 7, 2007: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated April 2, 2007 3. Phase I Application and Certificate for Payment No. 39R - Final 4. Fully executed Phase II Application and Certificate for Payment No. 30 -March 2007 5. Phase II Application and Certificate for Payment No. 31 - April 2007 6. Phase III Application and Certificate for Payment No. 1 - April 2007 7. Program Packaging and Development Services (PPDS) Provider Update 8. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase II Project March 2007 RECEIVED AND FILED NO. 64 The Ellicott District is distinct in many ways, but one important distinction is that the Central Library is located there. Not only is the Central Library the largest and best equipped public library in all of Buffalo and Erie County, but it also offers a variety of programs and services that attract people from across Western New York and even from outside the region. In one area, however, the Central Library is lacking. It has no dedicated public parking. There are street -side meters and nearby parking lots, but visitors to Central frequently cite insufficient or inconvenient parking as one reason why they do not visit the library more often. Would it be possible to secure a limited amount of free parking at the adjacent City -owned lot south of the Central Library? If, for example, library visitors, were granted one hour of free parking (to be validated by staff at the library), more people might come downtown and some, in turn, might remain longer than planned and pay for a second or third hour of parking at the normal rate. Should you wish to discuss this matter further, please contact me at 858 -7179 at your convenience. Thank you for your attention. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS PARKS AND STREETS NO. 66 Parking Signage for 130 S. Elmwood Avenue The Federal Protective Service (FPS), a police agency within file US Department of Homeland Security, is seeking your assistance in a matter of obtaining a parking sign in front of the Niagara Center Office Building located at 130 S. Elmwood Ave. Currently, the front of the building has "No Standing" signage, and we are very grateful that this signage was provided. We are seeking to have one sign added, which would be in addition to the "No Standing" signage, and that would be "Police Vehicles Only." To be clear, we only want this sign added at one pole, NOT across the entire front of the building. The reason we are making this request is we routinely park our police vehicles in the front of the building as a visible deterrent, to discourage others from parking there, and to allow a faster response time on calls. We intend to begin stricter enforcement of the no standing zone in front of the facility, and do not want to set a bad example if our vehicles are parked in the same area. The Federal Protective Service provides police and physical security services to federally owned and leased properties across the nation. The FPS Buffalo Field Office, which is located in the Niagara Center, is responsible for over 50 facilities in the Western New York area, with the largest concentration in the Downtown Buffalo area. We strive to work closely with local police agencies due to our small force and large geographic area of responsibility. We have also submitted a letter to the Department of Public Works requesting this signage. If you have any questions, please do not hesitate to contact me at the below listed number. Thank you for your time and assistance. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS No. 66 COMPLAINTS BUFFALO TRANSFER STATION As the owner of growing business in your district, we would like to meet with you at your convenience to discuss opportunities in our community. In addition to requesting a meeting, I am writing today to address the Buffalo Transfer Station. I feel that it is an area that badly needs attention. The building has broken windows, holes in the masonry, an unkempt yard and a badly damaged fence. It is a building clearly visible from William, South Ogden, and the nearby rail tracks and it is an eyesore. Dave Pera of this business called your office last season because the garbage trucks back up causing an unsafe traffic issues in this partly residential neighborhood. The trucks also drive over our curbs. We are located across the street on one side on the front and have leased space behind the station on Shanley Street where there has been vandalism. The homes surrounding the station should not have to suffer from the blight of the broken building. To their credit, workers from the station do periodically pick up loose trash that has blown on their neighbor's yards on South Ogden. Please let us know how the City of Buffalo may address the issue of a broken Transfer Station facility. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS PARKS AND STREETS NO. 57 Homeland Security Decision Seen as Costly One day after federal officials killed a proposal to move all inspection booths on the Peace Bridge to the Canadian side of the international crossing, the local anger continues. The Department of Homeland Security, on Wednesday, withdrew a plan to build U.S. -bound inspection booths on the Fort Erie, Ont., plaza side of the bridge, citing logistical concerns and the inability to work out a formal agreement with the Canadian government. Placing the inspection booths in Fort Erie was a critical component to a shared - border management initiative being championed in both countries. It was also seens as a means to save development costs and potential legal battles. The shared - border management pact was first announced in late 2004. The plan had been endorsed by former Pennsylvania Gov. Thomas Ridge, who headed the Department of Homeland Security at the time. His successor, Michael Chertoff, rejected the plan. "Secretary ChertofPs predecessor, Thomas Ridge, had committed to find a way to make shared border management work," said Andrew Rudnick, Buffalo Niagara Partnership president and CEO. "However, it has been clear that Mr. Chertoffs willingness to live up to that commitment has been sadly lacking. It seems that the DHS negotiators have looked for reasons not to fulfill their commitment instead of responding to the good faith efforts of the Canadian government and the hard work of Buffalo Niagara's representatives in the House and Senate." Homeland Security's decision has been derided by a wide range of political leaders including Reps. Brian Higgins, D- Buffalo, and Louise Slaughter, D- Fairport along with Sens. Charles Schumer and Hillary Rodham Clinton, Gov. Eliot Spitzer, Assemblyman Sam Hoyt, D- Buffalo and Buffalo Mayor Byron Brown. With the booths now shifting back to the U.S., the cost of the Peace Bridge project, which is already pegged at $334 million, may rise as much as $46 million. At least 68 residential and commercial properties on Buffalo's lower West Side may have to be acquired through costly eminent domain proceedings to accommodate the new booths. The plan to move the booths back the Buffalo would also cause further design and engineering delays to a project that has already dragged on for more than one decade. "Ceasing negotiations on shared border management could prove detrimental to the overall economic and cultural relationship between the U.S. and Canada," Rudnick said. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT COMMISSIONER OF ECONMIC DEVELOPMENT PERMITS AND INSPECTION NO. 58 LIVING WAGE BRAND ON SERVICES The Legislation Committee has been reviewing concerns raised by the Living Wage Commission. The concern of the Living Wage Commission pertaining to the Public Works Department relates to the contract with Brand -On Services. In your April 23, 2007, correspondence to the Common Council you indicated that after review of the Living Wage Ordinance and all information surrounding Brand -On Services paying a living wage to their employees, you found that Brand -On Services is required to comply with the statute as it relates to the employees mentioned in your letter. At this time, I am requesting notification to the Common Council as to the sanctions that have been imposed to Brand -On Services for the past violations. Please file your outline of those measures with the Common Council, 1308 City Hall, by 2:OOpm, on Thursday, May 10, 2007. Also, please file notice of compliance with the sanctions or any non - compliance with the Council as well. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 59 R. FONTANA LIVING WAGE RURAL METRO Dear Commissioner Lombardo: The Legislation Committee has been reviewing concerns raised by the Living Wage Commission. The concern of the Living Wage Commission pertaining to the Buffalo Fire Department relates to the contract with Rural Metro. The Common Council is concerned with Rural Metro's failure to pay their employees a living wage as outlined in the City of Buffalo Living Wage Ordinance. At this time, I am requesting notification to the Common Council from your Department as to the measures you have taken to ensure the living wage ordinance is adhered to. Please include any and all sanctions you have imposed on Rural Metro as well as their compliance or non - compliance to your requests. Please file the requested information with the Common Council, 1308 City Hall, no later than 2:OOpm, on Thursday, May 10, 2007. Thank you for your cooperation. Sincerely, Richard A. Fontana REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 60 D FRANCZYK- FORGIVE BOARD UP FEE 166 ALABAMA Dear Council President Franczyk: I am writing to ask if you could bring a measure before the Common Council to forgive an emergency board up fee for Mrs. Laura Hennigan of 165 Alabama. Her home was destroyed by fire while she was in a nursing home undergoing rehab. Neighbors volunteered to secure the house, but the City was quick to act and boarded it first. She recently received a bill for $500 for sealing the building. While we are pleased with the City's quick action, Mrs. Hennigan lost everything in the fire, and can ill afford to pay this bill. She is now residing in the Buffalo River Senior Apartments, and is getting bids for private demolition for the house. If the board up bill can be forgiven by the City, it would be a great help to her in her circumstances. Laura Kelly, Director REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL, THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS AND THE DIRECTOR OF ADMINISTRATIVE ADJUDICATION NO. 61 L. COSTA - INTEREST IN MEMORIAL AUDITORIUM Recently the "DONE DEAL" with Bass Pro to renovate and occupy Memorial Auditorium has become what it always was: NOT A DONE DEAL. We now have an iconic building in Buffalo's history facing demolition: a MISTAKE on the magnitude of the demolition of the Larkin Administration Building designed by Frank Lloyd Wright. If you can recall, in the past I spoke in front of your committee, The Buffalo City Planning Committee, at your invitation, against the giving of Memorial Auditorium to Bass Pro. I also had mentioned to your committee that I was in contact with The Seneca Nation to acquire Memorial Auditorium for their proposed casino. At that time, members of your committee suggested I tell the Seneca Nation to contact the committee of their interest in Memorial Auditorium. I eventually met with Rajat Shah, Senior Vice President &Corporate Planning at Casino Niagara. After showing him my design concepts for the Auditorium, he informed me he had recently met with Mayor Masiello who informed him the Auditorium was not available since there was a DONE DEAL with Bass Pro. Therefore, there was no need for the Seneca Nation to meet with your committee. Recently, on April 25, 2007, Donald Pulver, president of Oliver Tyrone Pulver Corporation, a large nationwide development firm involved in multi- million dollar real estate developments, and I met with Rajat Shah regarding Memorial Auditorium. Along with my design concepts for the Auditorium, which would turn this long, long empty facility into a unique casino which would stand alone in the entire world for its architectural UNIQU1 NESS; a true attraction that will attract thousands from outside the area; Don Pulver presented a budget exceeding $100 million for demolition of the interior and improvements. This budget does not include interior fixturing. All these monies are non subsidized dollars. Rajat Shah said the Seneca Nation has always been interested in Memorial Auditorium for a casino but because they have spent large amounts of money on the acquisition of land and the construction of a temporary casino he had reservations. Plus the construction of a casino in the downtown area has become very political. BUT he is open. This is where you and your committee would be helpful in saving an iconic Memorial Auditorium and create an attraction that will attract thousands from outside the area. BUT WAIT, there is more. I also discussed my proposal called PLACE 1832 ( a date selected as the year Buffalo became a city). This development would consist of a 350 room hotel owned by the Seneca Nation, 104 condos owned by individuals, a privately owned public restaurant with a 13,000 sq ft penthouse banquet facility and spa on the first floor. The forecourt of the development would consist of a historic, museum glass enclosed colonnade. Below that would be a 65,000 sq ft retail facility owned by all the top quality LOCAL retailers catering to weddings and gifts. This would cost about $250 million which would add to the tax base of the city. We would also add 2 i00 privately owned parking spaces. Rajat Shah has indicated the Seneca Nation would be interested in participating in PLACE 1832. This is a VERY REAL opportunity for downtown Buffalo: LET'S NOT LOSE IT!!!!!! I would appreciate a response and your thoughts. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 62 J GOLOMBEK- REPORT OF PERMIT & INSPECTION REVIEW PANEL Dear Mr; Chwalinski: Please file the attached letter concerning "Report of Permit & Inspection Review Panel" for the next Council Meeting REFERRED TO THE COMMITTEE ON BUDGET NO. 63 M HENDERSON- ABANDONED SHOPPING CARTS RESOLUTION # 130 CCP APRIL, 3, 2007 Honorable Members of the Common Council: We are in receipt of a resolution sponsored by Councilmember Golombek to "Consider an Ordinance to Impound Abandoned Shopping Carts "' and appreciate the opportunity to respond. As members of the Common Council are aware, Tops maintains significant operations in the City of Buffalo. As the city's largest retail grocery chain, we are a major employer and contribute significantly to the city's tax base. Our Buffalo stores provide city residents with a number of services and shopping options to meet their daily life needs. We also have a number of programs to support and enhance the quality of life in the communities we serve. This includes a program to retrieve abandoned shopping carts from city neighborhoods, which we unveiled in December 2006. This program was developed in conjunction with the Division of Citizen Services and is the only public - private partnership of its kind in the city. Since its inception, the program has been quite successful. In response to the Common Council's resolution, we recently met with representatives from the Division of Citizen Services and Councilmember Golombek to provide an update on the program and to discuss potential areas for improvement. Both meetings were very productive and since have resulted in some internal adjustments to the initial program. As a result, Tops is strongly opposed to any type of city ordinance to impound abandoned shopping carts and charge the owners a "return" fee. It is our hope that rather than punish the retail operators for the criminal acts of others that we continue to work closely with the city and the Common Council to enhance our retrieval program to address this quality of life issue. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 64 M. MCANANY- COMMENTS EXPANDED PROJECT PROPOSAL NYS ROUTE 198 (SCAJAQUADA EXPRESSWAY) CORRIDOR 1 -190 TO NYS ROUTE 33 PIN 5470.22 CITY OF BUFFALO, ERIE COUNTY ADVISORY GROUP MEETING #1 - MAY 31 2007 Dear Mr. Wolf: The New York State Department of Transportation ( NYSDOT) is initiating data collection and alternative evaluation activities for the NYS Route 198 (Scajaquada Expressway) corridor. These efforts will expand upon the Expanded Project Proposal (EPP) completed by the City of Buffalo in 2005. We will be evaluating the feasibility of transforming the corridor, effectively changing the functional classification and reducing operating speeds along the Scajaquada Expressway (NYS Route 198) by reconstructing the highway and its interchanges and incorporating appropriate traffic calming measures. The project limits include approximately 3.3 miles of NYS Route 198, from 1 -190 to NYS Route 33. Alternatives will assess the conversion of existing grade- separated interchanges along the corridor to at -grade intersections with signals or roundabouts. The reconstructed roadway, which passes through the Frederick Law Olmsted designed Delaware Park, would include new curbs, highway drainage, sidewalks, bicycle paths and shared -use facilities, improved highway lighting and signing, and landscape enhancements. A consultant team led by Bergmann Associates is assisting the Department of Transportation with this complex study. Tasks include in -depth traffic data collection and analysis, survey and mapping, alternative evaluation and preliminary highway design, public involvement and public hearing activities, and in -depth environmental studies. This study will lead to the preparation of a Design Report /Environmental Impact Statement, detailing the process, evaluation, and identifying a preferred alternative solution. Initial field survey and traffic data collection activities began in April 2007. We are now forming a Project Advisory Group to participate in the process, offering insight and guidance during the development and evaluation of alternatives. The first Advisory Group Meeting has been scheduled for: Thursday, May 31st, 1:00 - 3:00 PM NYSDOT Region 5 Offices (Buffalo Room, 1 Floor) 100 Seneca Street, Buffalo NY We welcome your agency to participate in the Advisor Group Meetings. We anticipate that this group will meet approximately 10 -12 times over the next three years as we work together in developing the preferred alternative. As we expect considerable interest in the project, we respectfully request that you limit your representation at these meetings to one person per involved agency. Thank you for your participation in this important project! We envision an informative and collaborative process as we embark on the planning, evaluation, and design of effective and appropriate solutions to transform the Scajaquada Corridor. If you have any questions pertaining to the upcoming meeting or the project please contact: Craig S. Mozrali, P.E., Assistant Regional Design Engineer NYSDOT, Region 5 Buffalo 100 Seneca Street, Buffalo NY 14203 Phone: (716) 847 -3033 Email: cmozrall @dot.state.ny.us RECEIVED AND FILED NO. 65 J. OSTROWSKI PURCHASE /RENTAL OF THE FAIRFIELD LIBRARY Greetings: I am asking the Council to inquire into Free New York's requests to rent or purchase the city -owned Fairfield Library (1659 Amherst St.) for use as a proposed Grover Cleveland Library and Museum. Our website is at Grover Cleveland Library. org. We first wrote to the Real Estate Division, c /o, John Harmon in September. The Council had previously authorized a sale by appraisal to another buyer. That buyer, however, has abandoned his interest in the property. Instead of allowing us the same right to seek purchase by appraisal, the City has now changed course and indicated it will issue a request for proposals. However, such has not yet been issued to the best of my knowledge. In February, we offered to rent the property but were told that was not legal - -a puzzling response to be sure. The building is vacant and deteriorating. Its future as such is unpredictable. Our efforts to raise funds and generate interest in our project have been harmed by these delays. For any museum project, the building itself is the first priority. However, we are at a standstill in that regard. We will soon have to forget the Fairfield Library and focus on other locations. Can you please inquire into this matter and keep us posted? REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMSSSIONER OF EDPI NO. 66 C. STANISZEWSKI- NYDEC- BROWNFIELD CLEANUP PROGRAM NOCO #S41 1055 GENESEE STREET The New York State Department of Environmental Conservation (NYSDEC) administers the Brownfield Cleanup Program (BCP) pursuant to State Environmental Conservation Law (ECL) 27 -1400 et seq. The BCP was created to encourage the remediation and redevelopment of contaminated properties known as Brownfields. The requestor indicated above has submitted a BCP application for investigation of the site indicated above. NYSDEC will accept public comments concerning the application. A copy of the application and other appropriate documents (application package) is available in the site document repository located at the address indicated below. NYSDEC will review the application package and public comments received and then make a determination on the eligibility of the application. Comments should be submitted by June 8, 2007 to: New York State Department of Environmental Conservation Division of Environmental Remediation, Remediation, Region 9 270 Michigan Avenue Buffalo, New York 14203 -2999 Attention: Chad Staniszewski Repository address: Buffalo & Erie County Public Library Central Branch 1 Lafayette Square Buffalo, NY 14203 RECEIVED AND FILED NO. 67 P. WOLF RESPONSES IN SUPPORT OF CREATING QUALITY OF LIFE CENTERS) Please file at the next Common Council Meeting. Thank you, Mary H. Baldwin Legislative Staff Manager REFERRED TO THE SPECIAL COMMITTEE ON BUDGET NO. 68 P. WOLF PANHANDLING ORDINANCE Please file at the next Common Council Meeting. Dear Commissioner Gipson: Enclosed is a copy of the newly approved Ordinance Amendment, Chapter 317, Aggressive Panhandling that is in effect. The resolution was signed by the Mayor on April 30, 2007 and returned to the City Clerk on May I, 2007. The Buffalo Common Council's hope is that this new Ordinance can assist the Buffalo Police Department, Erie County District Attorney's Office and Buffalo City Court in addressing an important quality of life issue affecting people who live and work in the City of Buffalo. Please notify your staff members of this new Ordinance so that they are aware that it is available. If you have specific questions regarding the Ordinance, please direct them to Assistant Corporation Counsel Peter Savage at 851 -4116. Thank you for your attention to this request. RECEIVED AND FILED PETITIONS NO. 69 J. DWYER, AGENT, USE 1081 ELMWOOD- RESTAURANT (NORTH) (HRG. 5/22) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD. NO. 70 P. LE AGENT, USE 348 DEWITT -ADDL. PKG. SPACES IN LOT (NIAG) (HRG. 5/22) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 71 M. AGHA, OWNER, USE 1175 HERTEL -PLACE OUTDOOR PATIO IN FRONT OF FOOD STORE /TAKE OUT RESTAURANT (DEL) (HRG. 5/22) REFERRED TO THE COMMITTEE ON LEGISLATION, AND THE CITY PLANNING BOARD NO. 72 R. SASALA, OWNER, USE 253 ALLEN - CREATE OUTDOOR PATIO TO REAR OF RESTAURANT /BAR (ELL) (HRG 5/22) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 73 E. HURZY, AGENT, USE 2310 DELAWARE- NON - ILLUMINATED GROUND SIGN (NORTH) (NAME OF AGENT, OWNER) (ADDRESS) - (PROJECT) (PHONE #585 - 265 -4462) The attached is for Common Council Approval; but per Permits, no public hearing is required. REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD. REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 74 APPOINTMENT ASSOCIATE ACCOUNT CLERK (INTER #3) (COMPT) (ITEM NO. 11 -MAY 1, 2007) That Communication 11, May 1, 2007 be received and filed and the permanent appointment of Judy Banks stated above at the intermediate starting salary of $31,538.00 effective on April 2, 2007 is hereby approved. PASSED AYES - 9 NOES -0 NO. 75 APPOINTMENT WATER METER MECHANIC (INTER) (PW) (ITEM NO. 25 -MAY 1, 2007) That Communication 25, May 1, 2007 be received and filed and the temporary appointment of Charles E. Marshall stated above at the intermediate starting salary of $31,195.00 effective on April 16, 2007 is hereby approved. PASSED AYES - 9 NOES -0 NO. 76 NOTICES OF APPT.- TEMP. /PROV. /PERM. (C. CLK.) (CCP# 47,5/1) That the above item be and the same hereby is received and filed. ADOPTED. FINANCE (BRIAN C. DAVIS, CHAIRMAN) NO. 77 B. RUSSELL - BAILEY - AMHERST MGMT. ASSN. BUDGET 7/1/07- 6/30/08 (CCP# 64,5/1) That the above item be and the same hereby is approved PASSED AYES - 9 NOES -0 NO. 78 SUPPORT OF REDEVELOPMENT OF THE FORMER FEDERAL BUILDING (4 RES ONLY) (CCP# 128,5/1) That the above item be and the same hereby is recommitted to the committee on Finance ADOPTED NO. 79 ACCEPTING LATE TAX PAYMENTS (COMPT) (CCP# 11,4/17) That the above item be and the same hereby is received and filed. ADOPTED. NO. 80 B. DAVIS -CITY OF BUFFALO SWIMMING POOLS (CCP# 43,4/17) That the above item be and the same hereby is received and filed. ADOPTED. LEGISLATION (Richard A. Fontana, Chairman) NO. 81 Local Law Intro. No. 6 (2007) - Real Property Tax Law - Article 28 (Item No. 126, C.C.P., May 1, 2007) That after the hearing before the Committee on Legislation on May 8, 2007, the Local Law as contained in Item No. 126, C.C.P., May 1, 2007, be and the same hereby is approved. PASSED AYES — 9 NOES — 0 NO. 82 D. Wilcox, Petition to Use 1300 Jefferson - Freestanding Sign (Item No. 67, C.C.P., May 1, 2007) That the petition of D. Wilcox, agent, for permission to use 1300 Jefferson for a 7' by 4'x 6" by 13' high pole sign be, and hereby is approved with the condition that they provide landscaping at the base of the sign. Passed. AYES — 9 NOES — 0 NO. 83 A. Saleh, Petition to Use 272 Ferry East - Freestanding Sign (Item No. 68, C.C.P., May 1, 2007) That the petition of A. Saleh, for permission to use 272 Ferry East for a 18' high pole sign be, and hereby is approved with the condition that they provide landscaping at the base of the sign. PASSED AYES 9 NOES — 0 NO. 84 Brand -On Services Compliance With the Living Wage Ordinance ( #73,5/1) ( #148,3/20) That the above item be and the same hereby is received and filed. ADOPTED. NO. 85 E. Hogle, Petition to Use 191 Allen - Take -Out Restaurant (Item No. 59, C.C.P., Apr. 17, 2007) That after the public hearing before the Committee on Legislation on April 24, 2007, the petition of E. Hogle, owner, for permission to use 191 Allen (a /k/a 95 Elmwood) for a take out restaurant be, and hereby is approved. Passed. AYES — 9 NOES -0 NO. 86 C. Schumer - Comments -Prop. RiverWright Energy Ethanol Plant -129 Childs St. (CCP# 48 That the above item be and the same hereby is received and filed. ADOPTED. NO. 87 C. Slater - RiverWright Project -139 Buffalo River (CCP# 54,2/20) That the above item be and the same hereby is received and filed. ADOPTD NO. 88 Buffalo River Ethanol Processing Plant (Exc. 2 Res.) (CCP# 129,4/3) That the above item be and the same hereby is received and filed. ADOPTED. NO. 89 Food Store License - 2887 Bailey (Item No. 16, C.C.P., Feb. 20, 2007) That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit & Inspections Services be, and he hereby is authorized to grant a Food Store License to Sadi Mohamed, located at 2887 Bailey Avenue. PASSED AYES — 9 NOES — 0 NO. 90 Trailblazer Signs - Best Street - Gayles Family Singer Way (Item No. 123, C.C.P., Apr. 17, 2007) That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to install trailblazing signs beneath the existing street signs on Best Street, facing north on the west side of the street at the comer of Timon Street proclaiming that portion as " Gayles Family Singers Way. PASSED AYES — 9 NOES — 0 COMMUNITY DEVELOPMENT (Joseph Golombek Jr., Chairman) NO. 91 Results of Negotiations — 112 Durham (Item No. 3, C.C.P., May 1, 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 Kevin L. Tate, residing at 160 Stockbridge Avenue, in the sum of eight thousand six hundred dollars ($8,600.00) for the purchase of 112 Dunham 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. PASSED AYES — 9 NOES — 0 NO. 92 M. Clarke-Response-Vacant Property Inventory (CCP# 51 That the above item be and the same hereby is received and filed. ADOPTED. Resolution No. 93 L. Meckler- Transferring Outer Harbor Land to COB/ Est. Amphitheatre on Outer Harbor (CCP #61,5/1) That the above item be and the same hereby is referred to the Special Committee on Waterfront Development. ADOPTED NO. 94 E. Baker -New US Courthouse, Bflo., NY (CCP #37 That the above item be and the same hereby is received and filed. ADOPTED. NO. 95 2007 -2008 Annual Action Plan (Item No. 9, C.C.P., Apr. 3, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the above item be received and filed ADOPTED NO. 96 Results of Negotiations - 84 Waverly Street (Item No. 16, C.C.P., Apr. 3, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr Golombek moved That the above item be recommitted to the Committee on Community Development ADOPTED NO. 97 B. Davis -S. Meadows -Legal Aid Bureau - Monthly Rpts. -1/07 & 2/07 ( #57 (CCP #84 That the above item be and the same hereby is received and filed. ADOPTED RESOLUTIONS NO. 98 By: Mr. Bonifacio Implement Tighter Restrictions on Second Hand Dealers Whereas: Second Hand Dealers, or "pawn shops" as they are more commonly known, are located all across the City of Buffalo where they engage in or operate the trade or business of buying, selling, trading, bartering or exchanging secondhand personal property; and Whereas: The second hand dealer is a legitimate business that provides residents, many of whom cannot afford new products, the opportunity to purchase used products at a discounted price; and Whereas: By nature though, these businesses are more susceptible to the possibility of individuals trying to sell stolen items in return for cash; and Whereas: The City already has some measures in place to try to address this potential issue, there are still many ambiguities and questions that need to be cleared up that may ultimately require the implementation of additional restrictions on second dealer shops; and Whereas: Legitimate second hand dealer shops do not want to participate in any transactions that may be the result of illegal activity, it seems appropriate that the City implement additional measures to avoid this possibility; and Now, Therefore Be It Resolved: That the Common Council does hereby request the Corporation Counsel to further clarify and /or define - 254 -18: Purchases from certain persons prohibited, more specifically as to how a second hand dealer would determine whether or not an article being sold is from a "known" thief or someone who has been convicted of larceny or burglary; and Be It Further Resolved: That the City of Buffalo requires that all second hand dealer shops keep a logbook that shall be plainly written containing the seller's name and verified address, including the seller's age, height, weight, race, and gender, and date of sale on hand at all times readily available to the inspection of the Mayor, the Common Council, any Judge of a court of competent jurisdiction, the Commissioner of Police, the Commissioner of Permit and Inspection Services; and Be it Finally Resolved: That this item goes before the Legislation Committee for further discussion ADOPT 1st RESOLVE THE REMAINDER TO THE COMMITTEE ON LEGISLATION BRIAN DAVIS NO. 99 1» 0 MON9. 1= 12M: 7: 11117C: id a=111aR]1101N191TITI *11 rT /IIW WHEREAS The members of the West Village Renaissance Group, Inc. (WVRG) have endeavored to draw community interest into the Lower West Side area of Buffalo, NY since August 2003, and WHEREAS During these efforts the WVRG has pulled together a rich cultural mix from various organizations throughout the Lower West Side, and Whereas: Recognizing the historic significance of the green of Johnson Park as our city's first established park through the efforts of Mayor Ebenezer Johnson, and that the Johnson Park Green, recognized as historic by the National Register of Historic Places, is a featured site during "GardenWalk 2007 ", and Whereas: The WVRG wishes to redevelop the park area after it sustained tremendous damage during the October Storm of 2006, along with a Children's Clothesline Art Show depicting the need for a durable tree canopy while focusing on children's positive activities that promote affirmative views and efforts and arts and culture of the area as well as unify this very diverse community. This funding effort, "Pennies in the Park," is needed for the repair of the park in time for GardenWalk 2007; and Whereas: The WVRG needs to obtain funds for the resolution of storm damage to the park surface and will host a "Pennies in the Park" park sale of residents' goods to develop the essential seed - funding for this endeavor on June 9 and 10, 2007. Now, Therefore Be it Resolved That The City of Buffalo Common Council commends the efforts of the West Village Renaissance Group, Inc. to promote the livability of the Lower West Side along with the partnership and efforts of surrounding civic and cultural organizations through the repair of the Johnson Park turf and gardens while working to develop their own seed - funding through the "Pennies in the Park" sale for this endeavor; and Be it Finally Resolved That at: The Buffalo Common Council is proud to support the "Pennies in the Park" being held between the hours of 8:00 am and 5:00 pm, Sunday, June 9 and 10, 2007 on the Johnson Park Green. ADOPTED NO. 100 Mr. Davis Co- sponsors: MR SMITH Whereas: A Bill has been introduced in the New York State Assembly #7845 and New York State Senate #5233 to amend the Parks, Recreation and Historic Preservation Law, in relation to establishing the Michigan Street African American Heritage Corridor commission in Buffalo and providing for membership, powers and duties thereof; and Whereas: The Michigan Street corridor is rich in African American history and has been nationally recognized for its unique cultural resources and historically significant buildings; and Whereas: The purpose of the above mentioned legislation is to establish a commission whose primary focus will be to foster the preservation, restoration and adaptive reuse of existing historic properties and landmarks in the area located between Broadway, Eagle, Elm and Nash streets in downtown Buffalo; and Whereas: The Commission will consist of up to nineteen voting members appointed as follows: two by the Governor, two by the temporary President of the Senate; two by the Speaker of the Assembly; the Mayor of Buffalo or his designee; the President of the Convention and Visitors Bureau or his designee; two representatives of the Department of Afro - American Studies of SUNY Buffalo; one representative from the Monroe Fordham regional history center; a representative from each board governing the J. Edward Nash House, the Michigan Street Baptist Church, and the Colored Musicians Club. All appointments shall be City of Buffalo residents. Now Therefore Be It Resolved: That the Common Council of the City of Buffalo hereby goes on record in support Of Assembly Bill #7845 and Senate Bill #5233. Be It Further Resolved That: The City Clerk is hereby authorized and directed to forward Certified copies of this resolution to the Home Rule Counsel of the Senate and the Assembly; Assembly Speaker Sheldon Silver; Senate Majority Leader Joseph Bruno, and to members of the Western New York Legislative delegation. ADOPTED No. 101 Sponsor: Brian C. Davis Re: Permit Pride Buffalo to Hang Banner on Elmwood Avenue Whereas: Pride Buffalo, Inc was founded in 1999 when members of the gay, lesbian, bisexual and transgender community of Buffalo and Western New York got together to establish an organization that would represent a visible presence to the community at large; and Whereas: Pride Buffalo requests permission to hang flags on Elmwood Avenue from North Street to Bidwell Parkway to raise community awareness and to recognize, celebrate, and affirm the lives of gay, lesbian, bisexual and transgender people; and Whereas: These flags will hang from June 1, 2007 until June 30, 2007; and Whereas: The City of Buffalo proudly supports Pride Buffalo and their efforts to raise awareness mad to acknowledge, commemorate and declare the lives of gay, lesbian, bisexual and transgender people; and Now, Therefore Be It Resolved: That the City of Buffalo hereby permits Pride Buffalo to hang flags on Elmwood Avenue from North Street to Bidwell Parkway from June 1, 2007 to June 30, 2007 to raise awareness mad to recognize, celebrate and affirm the lives of gay, lesbian, bisexual and transgender people 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. 102 BY: MR. FRANCZYK ALL MEMBERS RE: BLOCK BATTAGLIA GARBAGE SCHEME PART II WHEREAS: Peter Bataglia Demolitions, Inc. and Recycling Center at 1037 - 1055 Seneca Street has submitted a license application to the Department of Public Works to expand his transfer station to include garbage, solid waste, putrescible waste and medical solid waste; and, WHEREAS: Peter Battaglia Demolitions Inc. and Recycling Center at 1037 - 1055 Seneca Street in 2005 attempted to amend Part 360 of its New York State permit allowing construction and demolition debris to now include solid waste municipal garbage from throughout the wider region; and, WHEREAS: Indifferent to the nightmare of the "New York City Garbage train" saga of 2003, Battaglia also plans to add a rail connection from his property to the adjacent rail corridor in order to use trucks and trains to haul malodorous solid waste garbage cargos to a Buffalo residential neighborhood; and, WHEREAS: Battaglia is attempting to create a garbage transfer station at 1037 - 1055 Seneca Street; and, WHEREAS: The proposed site for this new garbage invasion is less than a mile from the site of the original garbage debacle in the Clinton /Bailey community; and, WHEREAS: Neighborhoods which would be negatively impacted by the new garbage onslaught would be Seneca - Babcock, "Little Hollywood" and the Fillmore - Smith community to the west and north, the Valley and Clinton - Fillmore, the community originally negatively impacted by the garbage train, as well as wider areas affected by wafting odors propelled by prevailing winds throughout the city; and, WHEREAS: A delegation including the Common Council, Corporation Counsel, State Senator William Stachowski, Assemblyman Mark Schroder, Legislator Tim Kennedy, Environmental Management Commission member Joseph Gardella, and community and business leaders, presented a united front of opposition to the Battaglia proposal at a meeting with DEC offieicals Amy Snyder and Daniel R. David on November 7, 2005; and, WHEREAS: Peter Battaglia currently holds a Grade 3 Demolition Contractor and Tire Handler License with the City of Buffalo, which expressly prohibits solid waste; and, WHEREAS: The Charter of the City of Buffalo grants the power to operate municipal garbage transfer stations, landfills, or processing centers to the city only, and nowhere in M -2 or M -3 Zoning classifications, nor in ordinance, are solid waste operations permitted; and WHEREAS: Section 254 -2 gives the Common Council approval power over junkyards, "which shall consider the impact of such activity upon the environment, upon surrounding residential neighborhoods and other relevant factors such as noise, foul odors, traffic patterns, ease of ingress and egress from the proposed activity and factors of public health, safety and welfare;" and. WHEREAS: The Battaglia proposed site for the garbage operation at 1037 -1055 is listed as M -2, which prohibits the location of solid waste, or garbage transfer station under its classification as a junkyard; WHEREAS: Notwithstanding its proposal to bring raw garbage into the middle of a city neighborhood, there have been documented violations which have long been a serious problem for residents of Seneca - Babcock at the Battaglia recycling operation in the past, including, a $5,000 fine from the DEC; and, WHEREAS: The Common Council raises no objection to the construction and demolition debris aspect of the property at 1037 - 1055 Seneca Street if the business conforms to all ordinance regulations, and has no wish to see Battaglia Demolition "out of business," however severe opposition exists to any introduction of solid waste on the site; and, WHEREAS: The Common Council amended Chapter 263, Licenses, which added transfer stations to uses regulated by the Planning Board, which hitherto was not included in the ordinance; and, WHEREAS: The Common Council approved the Seneca Babcock Redevelopment Project Urban Renewal Plan in November 2005 which contains 1037 - 1055 Seneca Street which expressly prohibits "solid waste disposal and transfer;" and, WHEREAS: Pursuant to the Seneca - Babcock Urban Renewal Plan, the Battaglia scheme to locate a garbage transfer station at 1037 - 1055 Seneca Street is illegal; NOW THEREFORE BE IT RESOLVED: That the Common Council informs the city Planning Board, Fire and Police Departments, Environmental Management Commission and Planning Department, that it is absolutely opposed to the Battaglia garbage proposal which moreover is illegal under the Seneca Babcock Urban Renewal Plan; BE IT FURTHER RESOLVED: That pursuant to the Council's and community's wishes and urban renewal law, that the city Planning Board exercise its power under the Chapter 263 to deny Battaglia's request to amend his current license to include a solid waste, garbage and medical waste transfer station; BE IT FURTHER RESOLVED: That the Corporation Counsel initiate legal action against Battaglia Recycling or any other entity proposing to bring solid waste into the City of Buffalo in violation of the city Charter, if applicable; and, BEITFURTHERRESOLVED: That any current ordinances or inspection codes applicable to 1037 - 1055 Seneca Street be vigorously enforced; and, BE IT FURTHER RESOLVED: That the Erie County Health Commissioner and the Attorney General of the State or New York be put on notice that they may once again need to use their authority to prevent a Buffalo neighborhood from being turned into a garbage transfer station site; and, BE IT FURTHER RESOLVED: That the City Planning Board or any other appropriate city agency deny Battaglia's request for a new rail spur at 1037 - 1055 Seneca Street, if the request is to be used for the import or export of solid waste at the site; and, BE IT FINALLY RESOLVED: That the Common Council stands in absolute opposition to the plan by Peter Battaglia Demolition Inc., to bring onto its property at 1037 - 1055 Seneca Street solid waste garbage for the purposes on handling and transporting. ADOPT 1,2,7 RESOLVE REMAINDER TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF EDPI AND PLANNING BOARD NO. 103 MR GOLOMBEK Moving Buffalo School Board Elections to November Whereas: Since 1995 legislation has been pending in the New York State Legislature that would authorize holding Buffalo School Board elections in November instead of May; and Whereas: The recent School Board Election in Buffalo, resulted in 5% of City voters casting a ballot; and Whereas: Holding a separate School Board election in May costs the Board of Elections approximately $100,000; and Whereas: The cities of Rochester and Syracuse hold their School Board elections in November; and Whereas: Holding Buffalo School Board elections in November with other elections for public office will increase participation in electing School Board members and will eliminate the costs involved for holding a separate School Board election; and Whereas: In addition to moving Buffalo School Board elections, the petition process and campaign finance requirements presently required to run for School Board should be changed; and Whereas: A recent article written by Buck Quigley for ArtVoice pointed out that Buffalo's School Board elections are different from a lot of school districts in the state; and Whereas: Political party incumbents notoriously used New York State's technical Election Laws for years as a tool to eliminate opposition candidates. Several years ago New York's Election Laws were reformed by eliminating many of the technicalities that were used to prevent candidates from getting on the election ballot; and Whereas: Candidates for other elected positions are required to file campaign financial disclosure statements with the New York State Board of Elections that are made available for public viewing on the Internet. Buffalo School Board candidates do not operate under the same campaign finance disclosure requirements. Whereas: Erie County Board of Elections Commissioner Dennis Ward pointed out in the ArtVoice article that while New York's Election Laws were reformed, the New York Education Law governing Buffalo School Board elections was not changed, and as such Buffalo school board elections are conducted utilizing outdated rules that harken back to 30 years ago; and Whereas: Based on the outdated rules established to protect party machine candidates, over the years people have been eliminated from running for Buffalo School Board; and Now Therefore Be It Resolved That the Buffalo Common Council supports the passage of Assembly Bill #02615 and Senate Bill #2748 to hold Buffalo School Board elections in November instead of in May as a mechanism to increase public participation in school board elections and as a way to eliminate the costs involved in holding a separate May election. Be It Further Resolved That the Buffalo Common Council supports amending Section 2553 of the state Education Law so that Buffalo School Board candidates operate under the petition requirements and campaign finance requirements of the Election Law. Be It Finally Resolved That this item be sent to the Erie County Board of Elections, the Buffalo School Board and members of the State WNY Delegation. ADOPTED NO. 104 By: Mr. Golombek, Jr. " Permission to Hang "The Shakespeare in Delaware Park" Banner Whereas: The Shakespeare in Delaware Park Theatre Company is about to begin its annual "Shakespeare in Delaware Park" season; and Whereas: Representatives from the Shakespeare in Delaware Park Theatre Company have requested permission to hang a banner across Elmwood Avenue south of Bidwell Avenue and attached to Cafe Aroma and Talking Leaves Bookstore on the east side of Elmwood Avenue and a street lamppost on the west side of Elmwood Avenue from May 25, 2007, until the season ends on September 1, 2007; and Whereas: The Shakespeare in Delaware Park Theatre Company representatives are familiar with City of Buffalo Banner requirements and will comply with them accordingly; Now, Therefore, Be It Resolved That: That the Common Council of the City of Buffalo does hereby grant permission to the Shakespeare in Delaware Park Theatre Company to hang a banner celebrating its annual "Shakespeare in Delaware Park" season, at the location mentioned above for the time period of May 25, 2007, until September 1, 2007. PASSED AYES — 9 NOES — 0 NO. 106 SPONSOR: MR. LOCURTO MR. KEARNS ESTABLISHING A LAND BANK ENTITY Whereas: Communities across the country are struggling to cope with the proliferation of vacant and abandoned properties; and Whereas: An innovative approach utilized by some communities to address vacant properties is the creation of a Land Bank; and Whereas: The Genesee County Land Bank in Michigan was created in 1999 through an intermunicipal agreement with the county. By the end of 2004, the Land Bank had taken title to 4,400 parcels of the land in the City of Flint Michigan; and Whereas: The Genesee County Land Bank has saved 1,350 families from foreclosure, taken over management of numerous properties, rehabbed dozens of houses, demolished 330 properties, conveyed 200 side lots to neighbors, assembled hundreds of vacant lots for non - profit and city projects, all funded entirely through tax foreclosure proceeds; and Whereas: Using Genesee County as a model, a Buffalo (and Eventually Erie County) land bank could be established with the authority to do the following: • Property acquisition; • Leasing and sales; • Administration, inventory and assessment of existing parcels and structures; • Planning; • Property management and maintenance • Demolition • Financial assistance for nonprofits to redevelop properties in targeted neighborhoods Now Therefore Be It Resolved That this item is referred to Richard Tobe, Commissioner of Economic Development, Permits and Inspection Services, Timothy Wanamaker, Executive Director of the Office of Strategic Planning, Alisa Lukasiewicz, Corporation Counsel, the Good Neighbor Planning Alliances, the Buffalo Board of Block Clubs, PUSH, LISC and the University of Buffalo Regional Institute to obtain their comments. Be It Further Resolved That this item is referred to an appropriate Committee of the Council to consider and discuss the comments requested above. ADOPT IST RESOLVE THE REMAINDER REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 106 SPONSOR: MICHAEL J. LOCURTO CO- SPONSOR: DAVID A. FRANCZYK A RESOLUTION IN SUPPORT OF THE BUFFALO ZOO GRANT APPLICATION Whereas: The Zoological Society of Buffalo, Inc. is applying to the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) for a grant under the Environmental Protection Fund for a park project to be located at 300 Parkside Avenue, a site located within the territorial jurisdiction of the Common Council of the City of Buffalo; and Whereas: Asa requirement under the rules of these programs, said not - for - profit corporation must obtain the approval /endorsement of the governing body of the municipality in which the project will be located "; Now Therefore Be It Resolved: That the Common Council of the City of Buffalo hereby does approve and endorse the application of the Zoological Society of Buffalo, Inc. for a grant under the Environmental Protection Fund for a park project known as new Children's Zoo and located within this community. Therefore Be It Finally Resolved That should the Zoological Society of Buffalo, Inc. be unable to do so, said property shall be forever maintained by the City of Buffalo as a municipal ark in this community consistent with the roles promulgated by OPRHP. ADOPT 1 T RESOLVE THE REMAINDER REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE COMMISSIONER OF PUBLIC WORKS PARKS AND STREETS AND THE COUNTY PARKS DEPARTMENT NO. 107 SPONSOR: MICHAEL J. LOCURTO CO- SPONSOR: RICHARD A. FONTANA, D. BONIFACIO RE: EXTENSION OF MILITARY LEAVE TIME AND BENEFITS FOR CITY OF BUFFALO EMPLOYEES WHO HAVE BEEN ACTIVATED TO DUTY Whereas: On Thursday, October 12, 2006 the City of Buffalo experienced a severe ice and snow storm that paralyzed the city, closing the City of Buffalo and causing the Govenor of New York to declare Buffalo and surrounding communities a "State Disaster Area;" and Whereas: This prompted the Governor or New York State Military Forces to activate the National Guard to mobilize and assist civil and local authorities with soldiers immediately assembling without hesitation or concern for their own well being as many soldiers families were without power or heat; and Whereas: The City of Buffalo supplies employees who are reservists with twenty -two (22) days of military leave per year, but this is not sufficient during time of war; and Whereas: At this time of year, most reservists would have used most, if not all, of their available twenty -two (22) days of military leave time; and Whereas: Any City of Buffalo employee called to active duty by the Governor of New York State or New York State Military Forces should not have to bear the burden of financial loss and /or a disruption of medical benefits; and Whereas: Active reserves generally serve no less than 6 months and no more than two years in times of conflict; and Whereas: During Desert Storm and September 11, 2001 Terrorist Attacks, the City of Buffalo extended the military leave of all City of Buffalo employees who were activated to duty for 30 consecutive days; and Whereas: In addition to the extended military leave, all employees activated to duty received a continuation of medical and dental insurance up to six months; and Now Therefore Be It Resolved: That the Common Council authorizes the City of Buffalo to give all city employees who are called to active duty by the Governor of New York State or New York State Military Forces a military leave with pay for up to thirty (30) consecutive calendar days, as well as, a continuation of medical and dental insurance coverage for up to six months; and Therefore Be It Further Resolved: That the City of Buffalo employees must first use all of their remaining military leave before they can qualify for the additional 30 days; and Therefore Be It Further Resolved: That if an employee fails to use all additional thirty days, any used days will be null; and Therefore Be It Finally Resolved: That any employee that was activated by the Governor of New York or New York State Military Forces during the October 12, 2006 disaster do so without loss of time or benefit. REFERRED TO THE COMMISSIONER OF HUMAN RESOURCES AND THE CORPORATION COUNSEL NO. 108 SPONSOR: MICHAEL J. LOCURTO CO- SPONSOR: RICHARD A. FONTANA A RESOLUTION DESIGNATING HERTEL AVENUE BETWEEN DELAWARE AVENUE AND STARIN AS 'LITTLE ITALY' IN THE CITY OF BUFFALO. Whereas: Hertel Avenue which is surrounded by the North Buffalo area which has one of the largest percentage of residents of Italian descent who are active in the community as well as in the City of Buffalo; and Whereas: Hertel Avenue has been the location for the annual Italian Heritage Festival since 1987, an event which attracts over five hundred thousand people per year from a multitude of ethnic groups; and Whereas: Hertel Avenue contains over twenty Italian restaurants, bakeries, cafes, pizzerias, beauty salons, shops, bars, nightclubs and other stores along this area of the street; and Whereas: While the bulk of Hertel restaurants feature Italian cooking, there are also a number of venues featuring Mexican and Greek menus- - a reflection of its diversity, as well as its expanding tastes; and Whereas: Hertel Avenue also has been the location for the annual Italian Heritage Parade held in October; and Whereas: Representatives from the Hertel Business Association approve designating Hertel Avenue between Delaware and Starin as 'Little Italy'; and Whereas: The naming of this part of Hertel Avenue as 'Little Italy' will further establish Hertel Avenue as an identified destination place for visitors to the City of Buffalo; and Whereas: Other major municipalities such as New York City, Toronto, Chicago, Baltimore and Cleveland have experienced numerous visitors to their'Little Italy' areas each year; and Now Therefore Be It Resolved: That the Common Council of the City of Buffalo does hereby designate Hertel Avenue between Delaware and Starin as 'Little Italy' in the City of Buffalo. ADOPTED NO. 109 BY: MR. KEAMS PERMISSION TO HANG PERMANENT FLAGS ON ABBOTT ROAD, POTTERS ROAD AND CHOATE AVENUE Whereas: Trocaire College, along with Mercy Hospital are two vital anchors in the Abbott Road corridor of South Buffalo; and Whereas: Trocaire College and Mercy Hospital will be working together to promote the area around their facilities. They are requesting permission to hang permanent flags along Abbott Road, between Oakhurst and Edgewood Avenue; on Choate Avenue, between Abbott and McClellan Circle; and on Potters Road, between Abbott and Peconic Street; and Whereas: The flags will be installed sometime in June 2007; and Whereas: The City of Buffalo supports the efforts of Trocaire College and Mercy Hospital, two wonderful institutions, in their efforts to beautify the neighborhood; Now, Therefore, Be It Resolved: That the City of Buffalo hereby permits Trocaire College and Mercy Hospital to hang permanent flags along Abbott Road, between Oakhurst and Edgewood Avenue; on Choate Avenue, between Abbott and McClellan Circle; and on Potters Road, between Abbott and Peconic Street; 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. 110 BY MR. SMITH FELICITATIONS /IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Dr Bennett Smith Sr By Councilmember Davis, Russell, Smith, Chwalinski ADOPTED NO. 111 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: ADOPTED NO. 112 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 ADOPTED NO. 113 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 Claims Wednesday, May 23, 2007 at 11:00 o'clock A.M. Committee on Civil Service Tuesday, May 22, 2007 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, May 22, 2007 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, May 22, 2007 at 1:00 o'clock P.M. Committee on Legislation Tuesday, May 22, 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. 114 ADJOURNMENT On a motion by Mr. Bonifacio, Seconded by Mrs. Russell, the Council adjourned At 3:13 Pm GERALD CHWALINSKI CITY CLERK COMMON COUNCIL CITY HALL BUFFALO THURSDAY, MAY 17, 2007 at 10:00 AM PRESENT: David A. Franczyk President of the Council, and Council Members Bonifacio, Davis, Fontana, Golombek LoCurto, Kearns,and Russell -8. ABSENT Smith -1. NO. 1 CALL FOR SPECIAL SESSION Mr. Gerald A. Chwalinski City Clerk 1308 City Hall Buffalo, New York Dear Mr. Chwalinski: Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated May15, 2006 presented to you herewith, I hereby call a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on, May 17, 2007, at 10:00 A.M., for the following purposes: To receive and take appropriate action on All Items Relating To 1. 2007 -08 Budget Yours very truly, David A. Franczyk President of the Council RECEIVED AND FILED. May 15, 2007 Hon. David A. Franczyk President Common Council 1315 City Hall Buffalo, New York WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council, pursuant to Section 3.9 of the Charter of the City of Buffalo, for the following purpose: To receive and take appropriate action on All items pertaining to 2007 -08 Budget We request that this Special Meeting be held on May 17, 2007 at 10:00 A.M. Dominic J. Bonifacio Jr. Richard A. Fontana Michael LoCurto Joseph Golombek Jr. Brian Davis Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit: DOMINIC BONIFACIO RICHARD FONTANA MICHAEL LOCURTO MICHAEL KEARNS BONNIE E. RUSSELL BRIAN DAVIS JOSEPH GOLOMBEK JR. DEMONE SMITH hereby agrees that he /she received twenty -four (24) hours' notice of the time and purpose of the Special Meeting of the Common Council duly called to be held on May 17, 2007 at 10:00 A.M. STATE OF NEW YORK COUNTY OF ERIE) ss: CITY OF BUFFALO) On this 15th day of May 2007, before me, the subscribers, personally All Councilmembers To me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same. Gerald A. Chwalinski Commissioner of Deeds, in and for the City of Buffalo, N.Y. My Commission expires 12/31/08 May 15, 2007 TO EACH MEMBER OF THE COMMON COUNCIL: YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of five Councilmembers, dated May 15, 2007, DAVID A. FRANCZYK, President of the Common Council, has called a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on Thursday, May 17, 2007 at 10:00 A.M. for the following purpose: To receive and take appropriate action on all items relating to 2007 -08 Budget. Yours very truly, Gerald A. Chwalinski City Clerk NO. 2 DISCHARGE COMMITTEE ON THE WHOLE 2007 -2008 RECOMMENDED BUDGET (ITEM NO. 1, 5/1/07) Mr. Bonifacio moved that: Whereas, the above item is currently tabled in the Committee of the whole and; Whereas, it is no longer necessary for this item to be considered by that committee; Now, Therefore Be It Resolved: That this Common Council does discharge the Committee from further consideration of this item, and this item is now before the Common Council for its consideration. Seconded by Mr. Golombek. ADOPTED NO. 3 BUDGET AMENDMENTS Copy in Clerk's Office Mr. Bonifacio moved to approve the Budget as Amended. Seconded by Mr. Davis. PASSED AYES -8. NOES -0. NO. 4 2007 -2008 BUDGET, AS AMENDED ITEM AVAILABLE IN CLERK'S OFFICE. PASSED. AYES -8. NOES -0. NO. 5 ADJOURNMENT On a motion by Mr. Bonifacio, seconded by Mrs. Russell, the Council adjourned at 10:40 a.m. Gerald A. Chwalinski City Clerk BOARD OF POLICE AND FIRE PENSION PROCEEDINGS #5 COUNCIL CHAMBERS -10:45 AM THURSDAY, MAY 17, 2007 AT 11:00 A.M. Present: David A. Franczyk, Council President; Darby Fishkin, Deputy Comptroller, Alisa Lukasiewicz- Corporation Counsel -3 The Journal of the last meeting was approved. NO. 1 1 transmit herewith the Pension Payroll for the Fire Pension Fund for the month of May 2007 amounting to $5,610.00, and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes -3. Noes -0. NO. 2 1 transmit herewith the Pension Payroll for the Police Pension Fund for the month of May 2005 amounting to $4,695.00, and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes -3. Noes -0. NO. 3 On motion by Mr. Franczyk, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 10:45 a.m.