The URL can be used to link to this page

Home My WebLink About07-0612No. 12 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO JUNE 1212007 MAYOR Hon. Byron W. Brown COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL FILLMORE DISTRICT David A. Franczyk PRESIDENT PRO TEMPORE UNIVERSITY DISTRICT Bonnie E. Russell MAJORITY LEADER NIAGARA DISTRICT DOMINIC J. BONIFACIO JR DISTRICT COUNCIL MEMBERS BRIAN C. DAVIS - ELLICOTT RICHARD A. FONTANA - LOVEJOY DEMONE A. SMITH - MASTEN MICHAEL J. LO CURTO - DELAWARE JOSEPH GOLOMBEKJR. - NORTH MICHAEL P. KEARNS - SOUTH REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Brian C. Davis, Richard A. Fontana, Michael J. LoCurto - Members CLAIMS COMMITTEE: Michael Kearns Chairman, Dominic J. Bonifacio Jr., Richard A. Fontana, Joseph Golombek, Jr.,- Members COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr. Chairman, Richard A. Fontana, Michael J. LoCurto, Bonnie E. Russell, Demone Smith - Members FINANCE COMMITTEE: Brian C. Davis, Chairman, Dominic J. Bonifacio, Jr., Michael Kearns, Michael J. LoCurto, Bonnie E. Russell - Members. LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Dominic J. Bonifacio Jr., Joseph J. Golomberk Jr., Michael P. Kearns, Bonnie E. Russell - Members RULES COMMITTEE: David A. Franczyk, Chairman, Dominic J. Bonifacio Jr., Bonnie E. Russell — Members 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 * ** * *JUNE 12,2007*** MAYOR 1. Accept Donation for Mayor Brown's Gun Buy Back Program 2. Appt. - Chairman- Buffalo Water Board 3 -2A. Appt.- Executive Asst. to the Mayor MAYOR - EXECUTIVE 4 -3. Strat. Plan. -Req. for Appr. Of Land Disposition Agreement for 23 Vacant Parcels in Sycamore Vill. CD 5 -4. Strat. Plan.- Contract Amendment -59 Memorial Drive -Env. Assessment 6 -5. Strat. Plan. -Perm. Transfer Title to BURA -56 Nash St. (Ell) 7 -6. Strat. Plan. -Req. to Appr. The E. Delavan Neighborhood Plan as part of COB Compre. Plan 8 -7. Strat. Plan.- Results of Negotiations -146 Cottage (Ell) 9 -8. Strat. Plan.- Results of Negotiations -116 Gittere (Fill) (Correction) 10 -9. Strat. Plan.- Results of Negotiations -47 Grider (Masten) 11 -10. Strat. Plan.- Results of Negotiations -319 Moselle (Fillmore) 12 -11. Strat. Plan.- Results of Negotiations -108 Ruhland (Fillmore) 13 -12. Strat. Plan.- Results of Negotiations -444 Woodlawn (Masten) 14 -13. Strat. Plan.- Transfer 334 E. Utica (formerly Jefferson Library) from COB to BURA (Masten) 15 -14. Strat. Plan. -Util. Easement Agree. -Niag. Mohawk & Verizon NY Inc. for Use of Sch# 192 51 E. Ferry AKA 450 Masten (Masten) COMPTROLLER 16 -14A. Bond Closeout - $1,597,991.88 17 -14B. Capital Debt Service Fund Deposits- 2007/2008 Fiscal Year 18 -15. Cert. OfNec- Transfer of Funds -Local Match Reserve 19 -16. Cert. OfNec.- Transfer of Funds -Fire Dept. R &F 20 -17. Cert. OfNec.- Transfer of Funds - Permits & Insp.- Capital Outlay -New York Restore R &F 21 -17A. Cert. Of Nec.- Transfer of Funds - Councilmember 48 R &F 22 -17B. Cert. Of Nec.- Transfer of Funds - Strategic Planning- Engineering R &F 23 -17C. Cert. Of Nec.- Transfer of Funds - Strategic Planning -Comm. Services R &F 24 -18. Interfund Cash Loan - $3,000,000 APP 25 -19. Appt.- Administrative Asst. (Inter) CS ASSESSMENT/TAXATION 26 -20. Est. a Policy for City to Take Title to Any Property Not Bid on at Foreclosure Auction LEG, EDPI, ST. PLAl 27 -21. Appt.- Assessor (Inter) CS MANAGEMENT INFORMATION SYSTEMS 28 -22. Appt. -Data Processing Equipment Operator (Inter 43) CS PUBLIC WORKS, PARKS & STREETS APP APP APP CD APP APP CD APP APP CD CD APP FIN FIN R &F APP 29 -23. Notif Serial #10161 -66 (Ell) (Waive 45 days) R &F 30 -24. Bids - Broadway Garage- Asbestos Abatement -Job 40726 (Ell) APP 31 -25. Bids - Northwest Comm. Ctr. -A/C- Partial 1S Floor -Job 40727 -M (North) APP 32 -26. Change in Contract- Colvin/Linden Fire Station- Diesel Fuel Station -Job 40629 (Del) APP 33 -27. Change Order #1 -Ohio St. Lift Bridge -Roof Repairs APP 34 -27A. Correction to Item - Cultural /Recreational Easement -Erie Co. & Bflo Zoo (Del) APP 35 -28. Easement Req. -Hertel Ave. Tow Path Park -Phase II Improvements (North) APP 36 -28A. Time Warner Cable- Response to City's Franchise Proposal LEG, PW, CC 37 -29. Appt.- Account Clerk- Typist (Inter) CS 38 -30. Appt.- Equip. Operator (Inter) CS POLICE 39 -31. R. Cozzi -Main Huron LLC- Complaints -Room 101 -3160 Main St. /Lack of Quality of Life Crime Rpts. LEG FIRE 40 -32. Property at Leroy & Halbert St. APP CORPORATION COUNSEL 41 -33. Claims Committee Agenda- 6/20/07 CLAIMS ECONOMIC DEVELOPMENT & PERMITS /INSPECTIONS 42 -34. Used Car Dealer -1275 Bailey (Lovejoy) LEG 43 -35. Used Car Dealer -1345 Seneca (Lovejoy) APP ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS 44 -35A. Waiver of Performance Bond APP 45 -36. Appt.- Director of Urban Affairs (Max) CS COMMUNITY SERVICES & RECREATIONAL PROGRAMMING 46 -37. Appt.- Senior Counselor (Inter 42) CS BOARD OF EDUCATION 47 -38. Moving Bflo. School Board Elections to November ED CITY CLERK 48 -39. Minutes of the Board of Ethics - 5/1/07 R &F 49 -40. Item Recalled From Mayor- CCP418- 5/29/07 R &F 50 -41. Liquor License Applications R &F 51 -42. Leaves of Absence R &F 52 -43. Reports of Attendance R &F 53 -44. Notices of Appointments - Council Interns ADOPT 54 -45. Notices of Appointments - Seasonal R &F 55 -46. Notices of Appointments - Temp. /Prow. /Perm. CS MISCELLANEOUS 56 -47. E. Baker - GSA -Est. of District Heating -New Federal Courthouse LEG, PW 57 -48. L. P. Ciminelli -Board Packet Documents - 6/4/07 R &F 58 -49. M. Clarke - Establishing a Land Bank Entity CD 59 -49A. B. Davis -Req. to Homestead a Vacant Lot - Monroe St. CD, STRAT PLAN 60 -50. J. Golombek -M. Gainer - Buffalo ReUse- Alternative to Demolition CD 61 -51. J. Golombek -P. Johnson - Housing Court CD, EDPI 62 -52. M. Grant -White House -In Opposition to President Bush's 2007 Budget R &F 63 -53. M. Kearns -Trip to Milwaukee, WI & Chicago, IL CD PF,TITIONS 64 -54. J. Shepard, Owner, Use 256 Allen -Two Outdoor Patios (Ell) (Hrg. 6/19) LEG, CP BD 65 -55. J. Popiela, Agent, Use 2065 Delaware Ave. -Free Standing Signs (Del) (No Pub Hrg Req) LEG, CP BD 66 -56. M. Andrzejewski, Agent, Use 317 Choate Ave.- Ground Sign (So) (No Pub Hrg Req) LEG, CP BD RESOLUTIONS -- - - 56A. Bonifacio Excuse Coun 111 -57. Davis Ord. Amend.- Chapter 96 -Bonds & Contracts LEG, PW 112 -57A. Davis HRM Senate Bill #5525-Assembly Bill 47817 -Act Relating to Certain Bonds Issued by Ca Authorizing t 113 -57B. Davis Req. Amended PILOT Increment Financing - Health Now Project APP 114 -58. Davis Transfer of Funds -Local Match Reserve APP 115 -59. Davis Transfer of Funds -Fire Dept. APP 116 -60. Davis Transfer of Funds - Permits & Inspections - Capital Outlay -New York Restore FIN 117 -60A. Davis Transfer of Funds - Common Council - Councilmember 48 APP 118 -60B. Davis Transfer of Funds - Strategic Planning- Engineering APP 119 -60C. Davis Transfer of Funds - Strategic Planning -Comm. Services APP 120 -60D. Davis Disch. Fin. Comm. -Perm. To Hire Eng. Consultant Roadway Constr.- Sycamore Village Subdivision (CCP 421 -CCP 5/29/07) ADOPT 121 -61. Fontana Req. to Approve E. Delavan Neighborhood Plan APP 122 -61A. Fontana Providing Seasonal Employees With Proper Equipment FIN, PW, HP 123 -62. Davis Req. for Appr. -LDA & for Transfer of 23 Vacant Parcels to Homefront Inc. for the Sycamore Village Project (Hrg. 6/26) CD 124 -63. Davis Set Pub. Hrg. -Appr. Contract for Sale of Land/Transfer from BURA to Homefront, Inc. — Redeveloper ADOPT 125 -64. Golombek Problems With BFI Recycling Pickups ADOPT 1 ST RES.; REM -F 126 -64A. Golombek Ord. Amend.- Chapter 175- Fees - Sight- Seeing Buses APP 127 -64B. Golombek Ord. Amend.- Chapter 437 - Taxicabs & Liveries APP 128 -65. Kearns Grant Perm. To Seneca St. Car Show Assn. To Hang Banner on Seneca St. APP 129 -66. LoCurto Urging NYS Leg. To Adopt S5425/A7935- Amending Tax Law -Prow. Tax Credit for Rehab. Of Historic Properties ADOPT 130 -66A. LoCurto A Resolution in Support of the Employee Free Choice Act ADOPT 131 -67. Russell Prop. Master Non - Exclusive Use /Permit for Medaille College's Prop. Non -Exc. Use of McCarthy Park for Athletic & Other Purposes ADOPT 1 ST & 2 ND RES.; REM -LEG 132 -68. Smith Comm. Of Deeds ADOPT 133 -69. Smith SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETING CIVIL SERVICE Comm. Of D 67 -1. Com 24 May 29 Appt -Supv of Street Sanitation I (Prov) (Inter) (PW)_APP 68 -2. Com 26 May 29 Appt - Police Captain (Cont Perm) (Max) (Pol) APP 69 -3. Com 27 May 29 Appt - Police Captain (Perm) (Max) (Pol) APP 70 -4. Com 28 May 29 Appts -Police Lt (Perm) (Max) (Pol) APP 71 -5. Com 29 May 29 Appt - Police Lt (Cont Perm) (Max) (Pol) APP 72 -6. Com 30 May 29 Appt- Detective Sergeant (Perm) (Pol) APP 73 -7. Com 31 May 29 Appt- Detective Sergeant (Cont Perm) (Pol) APP 74 -8. Com 32 May 29 Appts- Detective (Perm) (Pol) APP 75 -9. Com 33 May 29 Appts- Detective (Cont Perm) (Pol) APP 76 -10. Com 41 May 29 Appt -Bldg Inspector (Inter 43) (EDPI) APP FINANCE 77 -11. Com 43 May 29 New York State Legislative Efficiency Incentive Grant (A &F)RECOMMIT 78 -12. No 78 May 15 Supp. Of Redev. Of the Former Fed. Bldg. (4' Res. Only) ( 4128,5/1) R &F LEGISLATION 79 -13. No 63 May 29 K. Reyes, Agent, Use 257 W. Genesee St -Free Standing Signs (Ell)(Hrg 6/5) APP 80 -14. No 64 May 29 F. Inglima(Per Doyle), Owner, Use 1264 Hertel - Sidewalk Caf6 (Del)(Hrg 6/5) APP 81 -15. No 65 May 29 D. Pennacchio, Agent, Use 1065 Elmwood -Roof Atop Restaurant, Repairs (North) (Hrg 6/5) 82 -16. No 66 May 29 R. LaRusch, Agent, Use 511 Shelter /Storage Room Add (Fill) (Hrg 6/5) 83 -17. No 67 May 29 C. Manning, Agent, Use 1120 Main St -Auto Coll. Work(Niag)(Hrg 6/5) APP W /COND 84 -18. No 68 May 29 G. Deganis, Owner, Use 565 Elmwood -for 91 -25. No 49 Encroachment —ROW 92 -26. No 51 May 29 B. Davis -J. Little- Cathode Ray —26 Allen St- (Niag)(No Pub Hrg Req) APP 85 -19. Com 34 May 29 Food Store License -2250 Seneca (So)(EDPI) APP 86 -20. Com 35 May 29 Food Store License -163 W Ferry (Niag)(EDPI) RECOMMIT 87 -21. Com 37 May 29 Sidewalk Caf6 License -1264 Hertel (Del)(EDPI) APP 88 -22. Com 38 May 29 Sidewalk Caf6 License -85 Chippewa (Ell)(EDPI)_APP 89 -23. Com 39 May 29 Used Car Dealer -1905 Genesee (Loveiov) (Resubmit)(EDPI) APP 90 -24. Com 42 May 29 B. Davis -W. VanCott-Req Removal of Parking Meters on South Elmwood R &F 91 -25. No 49 May 29 J. Azzallera- Elmwood Village Assn -Opp Proposed Addition 1081 Elmwood R &F 92 -26. No 51 May 29 B. Davis -J. Little- Cathode Ray —26 Allen St- Info- Outdoor Patio R &F 93 -27. No 55 May 29 J. Kolaga- Comments - Proposed Pano's Development R &F 94 -28. Res 103 May 29 James Costello Appt to Bicycle /Pedestrian Advisory Board ADOPT 95 -29. No 87 May 29 J. Dwyer, Agt, Use 1081 Elmwood Ave- APP E "r Ohio Frame Restaurant(North) (Hrg 5/22)(4 69, May 15) APP 96 -30. No 94 May 29 Food Store License -1445 E. Delavan(Lovejoy)(EDPI)( 436,5 /15) RECOMMIT 97 -31. No 95 May 29 Food Store License -1981 Fillmore (Masten)(EDPI)( #37,5/15 RECOMMIT 98 -32. Com 2 May 15 Appt/Reappt. -Bd. Of Pkg. (Mayor) APP 99 -33. Com 19 Apr 17 Cert. Of Insurance - Buffalo Special Police (Pol.) R &F 100 -34. Com 14 Feb 6 J. Golombek- Special Police Insurance (Pol) R &F 101 -35. Com 16 Feb 6 Certificate of Insurance /Special Police (Law) R &F 102 -36. No 55 Apr 3 E. LaPlante- Buffalo Special Police R &F 103 -37. Com35 Mar 6 Food Store License -456 William (Ell) (EDPI) R &F 104 -38. No 52 May 1 B. Davis -W. VanCott-Req. Removal of Pkg. Meters on S. Elmwood_R &F COMMUNITY DEVELOPMENT 105 -39. Com6 May 29 Results Negotiations -401 Busti(Strat Plan) 106 -40. No 61 May 29 P. Wolf -M. Currie -BERC -Loan Activity March & April 2007 R &F 107 -41. No 49 May 1 M. Baldwin -Push Bflo.- Response to Council MBBA (Hrg. 4/19) R &F 108 -42. Com9 May 15 NYS Env. Reg.- Contaminate Levels for Residential Const. (Strat. Plan.) 109 -43. No 61 May 15 J. Golombek -I Auditorium R &F 110 -44. No 48 May 1 M. Baldwin -D. Costa - Interest in Mem. Brinkworth -Metro Rail Extension R &F COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, JUNE 12, 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 29, 2007 FROM THE MAYOR NO. 1 ACCEPT DONATION FOR MAYOR BROWN'S GUN BUY BACK PROGRAM On Saturday, June 2, 2007, the City of Buffalo's Gun Buyback was held at seven faith -based locations throughout the city. Participants received cash cards, supplied by JP Morgan Chase, in the following denominations: $10.00 Non - working or antique guns (including BB guns and pellet guns) $50.00 Rifles /Shotguns $75.00 Handguns $100.00 Assault weapons (e.g., Uzi's, AK -47s) Mayor Brown's Fund to Advance Buffalo, a 501 C 3 not - for - profit organization, accepted a donation from Erie County Medical Center on February 20, 2007 in the amount of $10,000 "for any purpose associated with the illegal gun buy- back program" Mayor Brown's Fund to Advance Buffalo issued a check to the City of Buffalo for $10,000 on June 6, 2007 to be deposited in Gun Buyback Program Miscellaneous Receipts, Gifts and Donations. This request for acceptance of these funds is submitted for your approval. Mr. Bonifacio moved: That the above communication from the Mayor dated June 6, 2007, be received and filed; and That the donation from Mayor Brown's Fund to Advance Buffalo to the City of Buffalo $10,000.00 to be deposited in Gun Buyback Program Miscellaneous Receipts, Gifts and Donations. PASSED R &F RECOMMIT AYES -9 NOES -0 NO. 2 APPOINTMENT -CHAIRMAN BUFFALO WATER BOARD Pursuant to Section 1048 -F, Article 5, Title 2B of the New York State Public Authority Law, I hereby appoint Mr. Oluwole A. McFoy, 56 Camp Street, Buffalo, NY 14204 to serve as Chairman of the Buffalo Water Board for a 1 year term, commencing immediately and expiring May 31, 2008. Mr. McFoy is currently serving as the Secretary to the General Manager of the Buffalo Sewer Authority. He was previously employed by Wendel Duchscherer Architects & Engineers, P.C. where he served in various management positions with extensive experience in infrastructure development. He holds a Bachelor of Science degree in Civil and Environmental Engineering from Clarkson University. Mr. McFoy is not accepting the stipend associated with serving as Chair of the Buffalo Water Board. I hereby certify that the above named individual is fully qualified to serve as Chairman of the Buffalo Water Board. Mr. Bonifacio moved: That the above communication from the Mayor dated June 7, 2007, be received and filed; and That the appointment of Oluwole A. McFoy, residing at 56 Camp Street, as a member of the Buffalo Water Board commencing immediately and expiring May 31, 2008, be and hereby is approved; and That the Mayor be, and hereby appoints Mr. McFoy as Chairman of the Buffalo Water Board. PASSED AYES - 9 NOES — 0 NO. 3 CERTIFICATE OF APPOINTMENT Appointment Effective June 11, 2007 in the Department Executive Division of Mayor to the Position of Executive Assistant to the Mayor, Exempt, Non Competitive At the starting salary of $37,927 Crystal J. Rodriguez, 313 Humboldt Parkway, Buffalo, NY 14208 RECEIVED AND FILED FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF STRATEGIC PLANNING NO. 4 REQUESTFORAPPROUALOFLAND DISPOSITION AGREEMENT FOR23 VACANT PARCELSINSYCAMORE The City of Buffalo Urban Renewal Agency duly designated Homefront, Inc. and/or joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the Sycamore Village Project. The Agency has also determined that the proposed Land Disposition Agreement negotiated by the Agency and the Redeveloper is satisfactory. Please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary for your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded separately are the following documents 1. Resolution setting Public Hearing 2 Notice of Public Hearing 3. Resolution approving proposed Land Disposition Agreement and transfer of parcels from the City of Buffalo Urban Renewal Agency to Homefront, Inc. After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERREDTOTHE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 5 CONTRACT AMENDMENT 99 NEIVIOR ALDRIUE ENVIRONMENTAL ASSESSMENT CAI"[ ffEM4CCP.Mffi The City of Buffalo has awarded a contract to undertake a Phase 1 /11 ermmTertala nafEtfta) MemaialDmepgo *ThePhaselAssessment has been completed. The cost of the Phase 11 Assessment, $37,600, is based on the unit prices that were presented in the original bid pgxsal, detedNDm TbeM,2006.TheC"bererrtusedfcr100% of the allowable costs of the project through funding from the City's EPA Brownfield Pilot Project grant. The City is the current owner of the pop*.. It is understood that funds are available for this project from the City's environmental remediation bond account #38310206. 1 respectively request that your Honorable Body authorize that the Benchmark Environmental Engineering & Science, PLLC contract to undertake the Phase 1 /11 assessment of the 59 Memorial Drive property be increased for an amount of $37,600 and to further authorize the Mayor to amend the c3tadvlhBerrhTskEn4aTnat3t Mr. Bonifacio moved: That the above communication from The Executive Director of Strategic Planning dated May 16, 2007, be received and filed; and That the Executive Director of Strategic Planning be, and he hereby is authorized to increase the amount of $37,600.00 to Benchmark Environmental Engineering & Science, as more fully described in the above communication, for work relating to PLLC contract to undertake the Phase 1 /11 Assessment of the 59 Memorial Drive property. Funds for this project are available in the City's environmental remediation bond account #38310206. PASSED AYES -9 NOES -0 NO. 6 PERMISSION TO TRANSFER TITLE TO BURA 66 NASHSTREEf VACANT LOT -28 X93' ASSESSEDVALUE- $500.00 The Office of Strategic Planning, Division of Real Estate has received a request from the Buffalo Urban Renewal Agency to transfer 56 Nash Street to the Agency. The properly consists of a vacant lot 28x93 and was acquired by the City in the October 2006 tax foreclosure sale. The properly is boated in the MdW Street Preservation Urban ReneAd Area. The transfer of the property is required to complete the assemblage of parcels by BURA for the Jessie Nash/Michigan Avenue Baptist Church Redevelopment Project. The pq)atysalma tb BURAoAnE d pcpatyaidva beu3ed zsgeengxm I am requesting that your Honorable Body approve the transfer of 56 Nash Street from the City of Buffalo to the City of Buffalo Urban Renewal Agency, I am further recommending that the Olfioe of Strategic Planning prepare the necessary documens for the transfer of title and that the Mayor be authorized to execute the same. Mr. Bonifacio moved: That the above communication from the Executive Director of Strategic Planning dated June 1, 2007, be received and filed; and That the Executive Director of Strategic Planning be, and he hereby is authorized to transfer 56 Nash Street from the City of Buffalo to the Buffalo Urban Renewal Agency. 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. PASSED AYES -9 NOES -0 NO. 7 REQUEST TO APPROVE THE EAST DELAVAN NEIGHBORHOOD PLAN AS PART OF THE CITY OF BUFFALO'S COMPREHENSIVE PLAN The Office of Strategic Planning is submitting the East Delavan Neighborhood Plan for adoption as part of the City of Buffalo's Comprehensive Plan. Your Honorable Body adopted the Comprehensive Plan on February 6, 2006 to guide development, set policy and establish priority in the City of Buffalo. The Office of Strategic Planning has determined that the quality of the East Delavan Neighborhood document and its overwhelming community support for its strategy recommendations are satisfactory. The staff of the Office of Strategic Planning has furnished a copy of the East Delavan Neighborhood plan for each Councilmember's review. A Resolution has been prepared for your review, approval and adoption. Forwarded separately are the following documents: 1. Resolution 2. Plan Summary REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 8 RESULTS OF NEGOTIATIONS 146 COTTAGE, 76.77' SE HUDSON LOT SIZE: 60'X 165' ASSESSED VALUATION: $10,100 (ELLICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 146 Cottage Street from Mr. Joseph M. Delaney, 425 Jersey Street, Buffalo, New York 14213. Mr. Delaney owns properties in the area that include 136 Cottage, a two family dwelling, 142 Cottage, a three family dwelling and 144 Cottage, a three family dwelling. He intends to purchase the vacant lot at 146 Cottage to secure parking for his tenants. 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 by the purchaser. The Division of Real Estate has investigated the sale of similar residential vacant lots in the subject area. Sales range from Seventy -Five Cents ($75) to One Dollar and Fifty Cents ($1.50) per square foot. The results of our negotiations are that Mr. Delaney has agreed and is prepared to pay Six Thousand Two Hundred Dollars ($6,200), Seventy -Five Cents ($75) per square foot for the subject property. Mr. Delaney 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 146 Cottage Street to Mr. Joseph Delaney in the amount of Six Thousand Two Hundred Dollars ($6,200). 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 City is hereby authorized to Convey 146 Cottage to Joseph Delaney for the Purchase Price of $6,200. The Corporation Counsel and Director of Real Estate are hereby authorized to prepare the necessary documents and the Mayor is hereby authorized to execute same PASSED AYES - 9 NOES -0 NO. 9 CORRECTION - RESULTS OF NEGOTIATIONS 116 GITTERE, 317.266' N SYCAMORE VAICAMLOT WX'Ic' ASSESSED VALUATION: $1,400 (FILLMORE DISTRICT) ITEM #2, C.C.P. FEBRUARY 6, 2007 Your Honorable Body previously authorized the sale of 116 Gittere, a city owned vacant btto Mr. Adalberto Sand Sycamore Strom, Buffalo, NewYorkl4212, in the amount of One Thousand Four Hundred Dollars ($1,400). The Division of Real Estate reported that the negotiated sale price was One Thousand Four Hundred Dollars ($1,400), when in fact the negotiated sale price was One Thousand Two Hundred Dollars ($1,200). The previous amount was reported in error. Therefore, I am recommending that Your Honorable Body amend the approved sale price of 116 Gittere to Mr. Albert Sanchez from One Thousand Four Hundred Dollars ($1,400) to One Thousand Two Hundred Dollars ($1,200). Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated May 16, 2007 be received and filed; and As previously approved in Item No. 2, C.C.P., February 6, 2007, the offer from Mr. Adalberto Sanchez, residing at 1021 Sycamore Street, for the purchase of 116 Gittere, be corrected to read that the sale price is one thousand and two hundred dollars ($1,200.00), be and hereby is approved. PASSED AYES - 9 NOES -0 NO. 10 RESULTS OF NEGOTIATIONS 47 GRIDER,129' S SCAJAQUADA LOT SIZE: 33'X 140' ASSESSED VALUATION: $3200 (MASTEN DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 47 Grider Street from Mr. Rufus Liggans and Mrs. Evoria Liggans, 7 Hunting Road, Cheektowaga, New York 14225. Mr. and Mrs. Liggans own a two family home at 51 Grider Street which is adjacent to 47 Grider Street. They intend to use the vacant lot at 47 Grider 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 by the purchasers. The Division of Real Estate has investigated the sale of similar residential vacant lots in the subject area. Sales range from Thirty Cents ($30) to Seventy Cents ($70) per square foot. The results of our negotiations are that Mr. and Mrs. Liggans have agreed and are prepared to pay Two Thousand Three Hundred Dollars ($2,300), Fifty Cents ($50) per square foot for the subject property. They have 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 47 Grider Street to Mr. and Mrs. Liggans in the amount of Two Thousand Three Hundred Dollars ($2,300). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 11 RESULTS OF NEGOTIATIONS 319 MOSELLE, 734' S FERRY VACANT LOT: 30'X 106' ASSESSED VALUATION: $2500 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 319 Moselle Street from Ms. Marilyn A. Chandler, 325 Moselle Street, Buffalo, New York 14211. Ms. Chandler owns and resides at 325 Moselle Street, which is adjacent to 319 Moselle Street. She intends 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 purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Thirty Cents ($30) to One Dollar ($1.00), per square foot. The results of our negotiations are that Ms. Chandler has agreed and is prepared to pay One Thousand Three Hundred Dollars ($1,300), Forty Cents ($.40) per square foot for the subject property. Ms. Chandler 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 319 Moselle Street to Ms. Chandler in the amount of One Thousand Three Hundred Dollars ($1,300). 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 29, 2007 be received and filed; and That the offer from Ms. Marilyn A. Chandler, residing at 325 Moselle Street, in the sum of one thousand and three hundred dollars ($1,300.00) for the purchase of 319 Moselle Street, 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. 12 RESULTS OF NEGOTIATIONS 108 RUHLAND, 139.15' N SYCAMORE VACANT LOT: 30'X 107' ASSESSED VALUATION: $1100 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 108 Ruhland Avenue from Mrs. Arthea Rainey, 114 Ruhland Avenue, Buffalo, New York 14211. Mrs. Rainey owns and resides at 114 Ruhland Avenue, which is adjacent to 108 Ruhland Avenue. She intends 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 purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Thirty Cents ($30) to Sixty Cents ($.60), per square foot. The results of our negotiations are that Mrs. Rainey has agreed and is prepared to pay One Thousand Four Hundred Dollars ($1,400), Forty-Five Cents ($.45) per square foot for the subject property. Mrs. Rainey 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 108 Ruhland Avenue to Mrs. Rainey in the amount of One Thousand Four Hundred Dollars ($1,400). 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 29, 2007 be received and filed; and That the offer from Mrs. Arthea Rainey, residing at 114 Ruhland Avenue, in the sum of one thousand and four hundred dollars ($1,400.00) for the purchase of 108 Ruhland 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. 13 RESULTS OF NEGOTIATIONS 444 WOODLAWN, 36.66' W WOHLERS VACANT LOT: 30'X 132' ASSESSED VALUATION: $2,000 (MASTEN DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 444 Woodlawn Avenue from Seventh Day Church of God Outreach Ministries, Daniel Hayles, 431 East Ferry Street, Buffalo, New York 14208. The church is located at 431 East Ferry Street. They also own the vacant lot at 427 East Ferry Street, which is adjacent to 444 Woodlawn Avenue. The vacant lot will be used for parking in conjunction with church services. The Division of Permit and Irgmdion Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Cents ($.40) to Seventy-Five Cents ($75), per square foot. The results of our negotiations are that Seventh Day Church of God Outreach Ministries has agreed and is prepared to pay Three Thousand Dollars ($3,000), Seventy-Five Cents ($75) per square foot for the subject property. Seventh Day Church of God Outreach Ministries 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 444 Woodlawn Avenue to the Seventh Day Church of God Outreach Ministries in the amount of Three Thousand Dollars ($3,000). I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 14 TRANSFER 334 EAST UTICA, FORMERJEFFERSON LIBRARY, FROM THE CfTY OF BUFFALO TO THE BUFFALO URBAN RENEWAL AGENCY MASTEN DISTRICT The Office of Strategic Planning, Division of Real Estate, has received a request from the Buffalo Urban Renewal Agency to acquire title to a City owned building located at 334 East Utica (former Jefferson Library) for One Dollar. The former library was abandoned by Erie County for public use in 2005. The former library will be located in an Urban Renewal Area and will be redeveloped in accordance with the Urban Renewal Plan. This former library is vacant; the building consists of approximately 7,560 square feet, situated on a parcel of land 65 x 100 feet. Your Honorable Body may transfer this property to the Buffalo Urban Renewal Agency in accordance with Section 555 of 15-A Urban Renewal Law. This office is recommending that Your Honorable Body approve the transfer of title of 334 East Utica to the Buffalo Urban Renewal Agency for One Dollar. We are further recommending that you authorize the Office of Strategic Planning to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 15 UTILITY EASEMENT AGREEMENT — NIAGARA MOHAWK AND VERIZON NEW YORK, INC. FOR USE OF SCHOOL NO. 192 51 EAST FERRY (A.K.A. 450 MASTEN) MASTEN DISTRICT The Office of Strategic Planning, Division of Real Estate, has received a request from the Board of Education to approve the attached permanent easement agreement for Niagara Mohawk and Ver¢on New York, Inc. for use of a portion of 51 East Ferry (a.k.a. 450 Masten), School No. 192. The easement is being requested in order to provide electrical upgrades to School 192, as described in the attached proposed easement "Exhibit A ". This office has contacted the Department of Public Works and the Land Use Planning Committee and they have no objections to this easement. We are recommending that Your Honorable Body approve the attached easement agreement. I am further recommending that the Corporation Counsels Office review said agreement for their approval as to form and that Your Honorable Body authorizes the Mayor to execute the same. Mr. Bonifacio moved That the city of Buffalo hereby grants a Utility Easement to Niagara Mohawk and Verizon New York for use of School No 192 located at 51 East Ferry. The Corporation Counsel is authorized to review and approve as to form the proposed agreement and the Mayor is hereby authorized to execute the same. PASSED AYES - 9 NOES -0 NO. 16 BOND CLOSEOUT The City of Buffalo issues bonds to provide funds to finance the costs of various capital projects which are described in the bond resolutions submitted to the Common Council. When we raise capital funds by selling bonds, it is reasonable to anticipate that all of the projects will proceedtimelyand lining commk To sforihecompletion ofthe prcjedswil he entered into in a timely manner. Proceeds of bonds not expended for the object or purpose for which the bonds were sold must be applied to the payment of principal and interest on such bonds (Local Finance Law- Section 165.00) The following account(s) listed on the attachment have either: (listed in bold print, underlined) 1) a balance too small to proceed with project. 2) no further commitments, 3) will not he used per Resolution definition of project 4) had no activity for a number of years or 5) have never been used. NO. 17 CAPITAL DEBT SERVICE FUND DEPOSITS - 2007/2008 FISCAL YEAR Certificate Number 1 -07/08 of the Comptroller of the City of Buffalo, New York, relative to the Capital Debt Service Fund of said city, stating the amounts to be deposited therein and paid therefrom for the period Commencing July I, 2007 and ending June 30— 2008 1, Andrew A. San Filippo, Comptroller of the City of Buffalo, New York, in accordance with the provisions of Section 202 of the resolution entitled: "Enabling Resolution of the City of Buffalo, New York, Establishing a Capital Debt Service Fund, Determining the Terms and Conditions of Such Fund and Other Matters in Connection Therewith, and Providing for the Rights of Holders of Capital Debt Obligations of the City." duly adopted by the Common Council on March 8, 1977, and pursuant to the duties of the chief fiscal officer set forth therein, Do Hereby Certify as follows: 1. The Capital Debt Service Fund Requirements for the fiscal year commencing July 1, 2007 and ending June 30, 2008 is $54,150,357.42. 2. The portion of said Capital Debt Service Requirement allocated to the First Collection Period (July 1, 2007 through and including November 30, 2007) is $22,753,265.46. 3. The portion of said Capital Debt Service Requirement allocated to the Second Collection Period (December 1, 2008 through and including June 30, 2008), is $31,397,091.96. 4. The First Collection Period portion of the Capital Debt Service Requirement is due and payable during the period commencing July 1, 2007 and ending December 31, 2007 on the obligations, in the amounts, on the dates, and at the place or places as set forth below: Obligation Amount Due Date Due Place Due Serial Bond $709,131.88 July 31, 2007 Deutsche Bank, New York, New York Serial Bond 146,940.00 July 31, 2007 HSBC, New York, New York Serial Bond 1,425,522.76 July 31, 2007 M &T Trust, Buffalo, New York Serial Bond 2,840,304.56 Aug 14, 2007 M &T Trust, Buffalo, New York Serial Bond 525.00 Aug 14, 2007 BNY, Newark, NJ Serial Bond 24,080.00 Sept 28, 2007 BNY, Newark, NJ Serial Bond 96,885.00 Oct 31, 2007 BNY, Newark, NJ Serial Bond 7,047,179.39 Nov 14, 2007 M &T Trust, Buffalo, New York Serial Bond 97,327.50 Nov 30,2007 BNY, Newark, NJ Serial Bond 932,058.75 Nov 30, 2007 Deutsche Bank, New York, New York Serial Bond 1,573,295.00 Nov 30, 2007 HSBC, New York, New York Serial Bond 5,065,278.12 Nov 30, 2007 M &T Trust, Buffalo, New York Serial Bond 2,794,737.50 Dec 14, 2007 M &T Trust, Buffalo, New York $22 5. The aggregate amount to be deposited by the Director of the Treasury with the M &T Trust Company, Buffalo, New York, commencing on July 1, 2007 is $17,906,930. 6. The Second Collection Period portion of the Capital Debt Service Requirement is due and payable during the period commencing January 1, 2008, and ending June 30, 2008, on the obligations, in the amounts, on the dates, and at the place or places as set forth below: Obligation Amount Due Date Due Place Due Serial Bond$12,159,296.05 Jan. 14, 2008 M &T Trust, Buffalo, New York Serial Bond 2,106,131.88 Jan. 31, 2008 Deutsche Bank, New York, New York Serial Bond 2,201,940.00 Jan. 31, 2008 HSBC, New York, New York Serial Bond 11,120, 522.76 Jan. 31, 2008 M &T Trust, Buffalo, New York Serial Bond20,525.00 Feb. 14, 2008 BNY, Newark, NJ Serial Bond 144,080.00 Mar. 31, 2008 BNY, Newark, NJ Serial Bond 6,885.00 April 30, 2008 BNY, Newark, NJ Serial Bond 1,584,941.89 May 14, 2008 M &T Trust, Buffalo, New York Serial Bond 349,090.00 May 30, 2008 Deutsche Bank, New York, New York Serial Bond338,170.00 May 30, 2008HSBC, New York, New York Serial Bond 718,146.88 May 30, 2008 M &T Trust, Buffalo, New York Serial Bond 647,362.50 June 13, 2008M &T Trust, Buffalo, New York $31,397,091.96 7. The aggregate amount to be deposited by the Director of the Treasury with the M &T Trust Company, Buffalo, New York, commencing on December 1, 2007 is $20,130,133. 8. Pursuant to Section 202 (b) of said Enabling Resolution, the Director of the Treasury shall deposit the amounts shown in Section 5 and 7 hereof in the Capital Debt Service Fund held by the Trustee, M &T Trust Company, Buffalo, New York, immediately upon receipt of any payment of or on account of any City ad valorem property taxes, until the amount deposited during each Collection Period is equal to the amount shown in Section 5 and 7, respectively. 9. 1 have this day delivered a copy of Certificate Number 1 -07 -08 to the Director of Treasury and to the Fleet Bank, Buffalo, New York. REFERRED TO THE COMMITTEE ON FINANCE NO. 18 CERTIFICATE OF NECESSITY RRANSFER OF FUNDS I TOWING & STORAGE - CAPITAL OUTLAY LOCAL MATCH RESERVE We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that it is necessary that the sum of $1,200,000 be transferred from Towing & Storage - Capital Outlay and reappropriated to the Local Match Reserve for General Contracting, as set forth below: From: Towing & Storage 11412007-473020 Structure and Equipment Improvement To: 17523008 - 489130 Transfer out to Capital Project From: 17523008 - 489130 Transfer out to Capital Project To: Loral Match Reserve 30335406- 445100 General Contr Dated: Buffalo, NY, May 24, 2007 RECEIVED AND FILED No. 19 Certificate of Necessity Transfer of Funds Fire Department We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that it is necessary that the sum of $102,000 betransferred and reappropriated within the Fire Department, as set forth below. From: Fire Department - Firefighting Services 12132001 -413001 Overtime $102,000 To: Fire Department - Fleet Maintenance 12136006- 443302 Vehicle Drivetrain Repairs $44,550 12136006- 443303 Vehicle Body Repairs $57,450 RECEIVED AND FILED NO. 20 Certificate of Necessity Transfer of Funds Permits & Inspections - Capital Outlay New York Restore We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that it is necessary that the sum of $308,416 be transferred from Permits & Inspections - Capital Outlay and reappropriated to the Restore New York Account for Demolitions, as set forth below. From: Permits & Inspections 16550007 -471010 Land Improvement $308,416 To: 17523008 - 489130 Transfer out to Capital Project $308,416 From: 17523008 - 489130 Transfer out to Capital Project $308,416 To: Restore New York 36770806- 445100 Demolitions $308,416 RECEIVED AND FILED NO. 21 Certificate of Necessity Transfer of Funds Common Council — Legislative We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -t2 of the Charter, that it is necessary that the sum of $773.51 be transferred and reappropriated the Common Council, as set forth below. From: Common Council - Councilmember 8 10109004 - 458001 Transportation $552.50 10109004 - 458002 Meals & Lodging $221.01 TO Common Council — Legislative 10102001 - 412002 Hourly Salary $773.51 NO. 22 Certificate of Necessity Transfer of Funds Strategic Planning Engineering We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that it is necessary that the sum of $75,000 be transferred and reappropriated from Strategic Planning, as set forth below. From: Strategic Planning -Other Contractual Services 10309006- 480000 $75,000 To: Public Works- Engineering -Road Repairs 13112006 -443100 $75,000 RECEIVED AND FILED NO. 23 Certificate of Necessity Transfer of Funds Office of Strategic Planning Community Services We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that it is necessary that the sum of$40,000 be transferred and reappropriated from the Office of Strategic Planning, as set forth below: From: Office of Strategic Planning 10309006 - 480000 Other Services $40,000 TO Community Services - NYS Youth Commission Program 15513006 - 434000 Other Contractual Services $40,000 RECEIVED AND FILED NO. 24 Interfund Cash Loan $3,000,000 Certain Federal and State aided programs require a cash advance until the program is operating and reimbursement is received. I have reviewed the program listed below and determined the cash needs to be warranted. I have approved an interfund cash loan to be made in the maximum amount of $700,000 as needed subject to your approval. Loan is payable at date of reimbursement. FROM: 1 000-General Fund TO:3167 - Restore NY Communities GRANT TITLE: Restore NY Communities 2006 -2007 GRANT AGENCY: New York State Urban Development Corp. D /B/A Empire State Development Corp. GRANT AMOUNT: $3,000,000 LOAN AMOUNT: Up to $700,000, as needed Estimated Date of Repayment 06/30/2009 Mr. Bonifacio moved: That the above communication from the Comptroller dated June 5, 2007, be received and filed; and That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund to 3167 - Restore NY Communities in the amount of $700,000. The loan will be payable at date of reimbursement. Passed AYES — 9 NOES — 0 NO. 25 Certificate of Appointment Appointment Effective: 06/18/2007 in the Department of Audit and Control Division of Accounting to the Position of Administrative Assistant Permanent Appointment Intermediate Starting Salary of $34,796 JEANETTE RUPERTI 31 MARIEMONT AVE BUFFALO, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 26 Establishing a Policy for the City to Take Title to any Property Not Bid on at Foreclosure Auction Item #125 CCP May 1,2007 This will respond to your Honorable Body's May 2, 2007 request for comments from the Department of Assessment and Taxation concerning the Resolution sponsored by Niagara District Councilmember Dominic J. Bonifacio, Jr. to take title to any property not bid on at City of Buffalo Tax ForedosureAuctions .Essentially, this would result in the City taking title topropertiesnotalready slated to be stuck to the City at the request of the Office of Strategic Planning for development or the Department of Economic DeMoprrent, Permit& Inspections Servicesfordemoliton, in the eventthere are no bids. The Department of Assessment and Taxation has no objections to such action. If a property is subject to adjournment we can strike it to the City, however, any such action would have to be the decision of the Office of Strategic Planning as to whetherthey want to take title. I would also draw your Honorable Body's attention to the misconception that all of the properties auctoned atthe foreclosure sale are vacant This is erroneous. There are properties on the foreclosure list that are occupied whether occupied by tenants or an amer. We have instances where no bids were received, the propertywas adjourned and the owner was subsequently able to pay the arrears amounts due REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF ECONOMIC DEVELOPMENT, PERMITS AND INSPECTIONS AND DIRECTOR OF STRATEGIC PLANNING NO. 27 Certificate of Appointment Appointment Effective: June 1, 2007 in the Department of Assessment and Taxation to the Position of ASSESSOR Provisional Appointment Intermediate Starting Salary of $43,886 Brian A Sullivan 168 Lafayette Ave Buffalo, NY 14213 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS NO. 28 CERTIFICATE OF APPOINTMENT Appointment Effective June 18, 2007 in the Department of MIS to the position of Data Processing Equipment Operator Provisional Appointment Intermediate Starting Salary of $30,598 Muriel Somma 83 Grimes Buffalo NY 14212 REFERRE TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 29 Notification Serial # 10161 No Standing - Install on Seventh Street, west side between West Genesee Street and a point 330' south of Court Street (Ellicott District) NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 ofthe Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAY Seventh Street, west side between West Genesee Street and a point 330' south of Court Street PROHIBITED PERIOD — DAILY At all times This action is being taken at the request of Health Now (letter attached) and is revenue neutral. (See next 5 serials) Notification Serial #10162 Repeal No Parking On Fourth Street, south and west side Between West Genesee Street And a point 440' west and north therefrom (Ellicott District) NO PAKING - REPEAL In conformity with Section 49 of Chapter 479 ofthe Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION OF HIGHWAY Fourth Street, south and west side between West Genesee Street and a point 4740' west and north therefrom PROHIBITED PERIOD At all times This action is being taken at the request of Health Now and is revenue neutral. (See previous and next 4 serials) [Notification Serial # 10163 [Repeal No Parking Except Police Court Liaison Office on West Genesee Street, north side between Seventh Street and Fourth Street (Ellicott District) NO PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION OF HIGHWAY West Genesee Street, north side between Seventh Street and Fourth Street PROHIBITED PERIOD At all times Except Police Court Liaison Office This action is being taken at the request of HealthNow and is revenue neutral. (See previous 2 and next 3 serials) Notification Serial # 10164 [Install Metered Parking on Fourth Street, south side between West Genesee Street and a point 300' west therefrom (excluding existing No Parking and No Standing areas) (Ellicott District) PERMISSIVE PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 27 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: METERED PARKING METERED PARKING LOCATIONS Fourth Street, south side between West Genesee Street and a point 300' west therefrom (excluding existing No Parking and No Standing areas) PERIOD OF METERED PARKING 10 Hour Parking 7:00 am to 5:00 pm Monday— Friday RATE OF METERED PARKING Rate D $2.00 per day This action is being taken at the request of HealthNow and is revenue neutral. Meters proposed to be installed replace those to be removed on Seventh Street. (See previous 3 and next 2 serials) Notification Serial# 10165 Install No Parking on Fourth Street, south and west side [between a point 300' west of West Genesee Street [and a point 140' west and north therefrom (Ellicott District) NO PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY Fourth Street, south and west side between a point 300' west of West Genesee Street and a point 140' west and north therefrom PROHIBITED PERIOD At all times This action is being taken at the request of HealthNow and is revenue neutral. (See previous 4 and next serials) Notification Serial # 10166 [install No Standing on West Genesee Street, north side [between Seventh Street [and Fourth Street (Ellicott District) NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTION OF HIGHWAY West Genesee Street, north side between Seventh Street and Fourth Street PROHIBITED PERIIOD At all times This action is being taken at the request of HealthNow and is revenue neutral. (See previous 5 serials) RECEIVED AND FILED Waive 45 Days No. 30 REPORT OF BIDS BROADWAY GARAGE ASBESTOS ABATEMENT JOB #10726 ELLICOTT DISTRICT I advertised for on May 2, 2007 and received the following formal sealed bids for the Broadway Garage, Asbestos Abatement, on May 22, 2007. Base Bid + Alt #1 + Alt #2 MCS Remedial Services, Inc. $43,444 $57,000 $33,000 3907 North Buffalo Rd. Orchard Park, NY 14127 Fibertech Environmental Svcs. $68,400 $51,250 $29,200 140 North St, Suite 140 Buffalo, NY 14201 Metro Contracting & Environmental $95,000 $58,500 $68,600 2939 Lockport Rd. Niagara Falls, NY 14305 Alternate #1 - Removal and disposal of the asbestos - containing TSI on the horizontal pipe runs along the ceiling in area 147 as indicated on Contract Drawing AA -101. Alternate #2 - Removal and disposal of the asbestos - containing TSI from the first floor offices as indicated on Contract Drawing AA-1 01. I hereby certify that the foregoing is a true and correct statement of all bids received and that MCS Remedial Services, with a Base Bid of $43,444.00, add Alternate #1 in the amount of $57,000.00, add Alternate #2 in the amount of $33,000.00, for a total bid of One Hundred Thirty Three Thousand Four Hundred Forty Four and 00/100 Dollars ($133,444.00), 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 orderthe work on the basis of the low bid. Funds forthis project will be available in Department of Publics Works, Parks & Streets, Division of Buildings, Capital Accounts. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated May 30, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Broadway Garage, Asbestos Abatement, Job #0726, to MCS Remedial Service, the lowest responsible bidder, with a Base Bid of $43,444.00, add Alternate #1 in the amount of $57,000.00 add Alternate #2 in the amount of $33,000.00 for a total of $133,444.00. Funds for the project are available in Department of Public Works, Parks & Streets, Division of Buildings, Capital Accounts. Passed. AYES — 9 NOES — 0 NO. 31 Report of Bids Northwest Community Center NC- Partial1 Floor Job #/0727 -M North District I advertised for on May 9, 2007 and received the following formal sealed bids for the Northwest Community Center, Air Conditioning, Partial 1 St Floor, on May 30,2007 BASE BID + ALT #1 DV BROWN & ASSOCIATES $35,300.00 $10,213.00 567 VICKERS, TONAWANDA, NY PARISE MECHANICAL $46,200.00 $3,100.00 233 FILLMORE, TONAWANDA, NY Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated June 4, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Northwest Community Center, Air Conditioning, Partial 1 St Floor, to DV Brown & Associates, the lowest responsible bidder, with a Base Bid of $35,300.00, add Alternate #1 in the amount of $10,213.00 for a total bid of $45,513.00. Funds for the project are available in 30321006 445100 Division of Buildings. PASSED AYES — 9 NOES — 0 NO. 32 Change in Contract Colvin/Linden Fire Station Diesel Fuel Station Job #0629 Delaware District I herby submit to Your Honorable Body the following changes for the Colvin /Linden Fire Station, Diesel Fuel Station, Empire State Mechanical, C #92011183 1. Credit for total construction cost. Deduct $500.00 The foregoing change results in a net decrease in the contract of Five Hundred and 00/100 Dollars (- $500.00) Summary: Current Contract Amount $99,585.00 Amount of this Change Order ( #1) Deduct ($ 500.00) Revised Contract Amount $99,085.00 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 to be credited to 39 *320406 445100 - Buildings Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated May 30, 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 Empire State Mechanical, a decrease in the amount of $500.00, as more fully described in the above communication, for work relating to Job No. 0629, Colvin /Linden Fire Station, Diesel Fuel Station, C #92011183. Funds for this project are to be credited to 39320406 445100 - Buildings. Passed AYES — 9 NOES - 0 NO. 33 Ohio Street Lift Bridge Roof Repairs Change Order #1 Item No. 22, C.C.P. 05116/06 1 herewith submit to Your Honorable Body the following increase in contract for additional roof repairs on the South Tower of the Ohio St Lift Bridge. Original Contract Award $44,715.00 Amount This Change $ 3,287.00 Total $48,002.00 1 hereby respectfully recommend that Your Honorable Body authorize the increase in contract and funds are available in account #30032106-445100. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated June 6, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, an increase in the amount of $3,287.00, as more fully described in the above communication, for work relating to additional roof repairs on the South Tower of the Ohio Street Bridge. Funds for this project are available in 30032106- 445100. PASSED AYES — 9 NOES — 0 NO. 34 CORRECTION TO ITEM CULTURAL/RECREATIONAL EASEMENT ERIE COUNTY AND BUFFALO ZOO DELAWARE DISTRICT #18, CCP 5129/07 Your Honorable Body previously approved the item referenced above. This item contained a typographical error in the approving motion that stated the grant amount is $400,000. This should be corrected to read thatthe grant amount is $4,000,000.00 Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated June 6, 2007, be received and filed; and That the Cultural /Recreation Easement Erie County and Buffalo Zoo as previously approved in Item No. 18, C.C.P., May 29, 2007 be corrected to read that the grant amount is $4,000,000.00. Passed. AYES — 9 NOES — 0 NO. 35 EASEMENT REQUEST - HERTEL AVE. TOW PATH PARK - PHASE II IMPROVEMENTS NORTH DISTRICT In order to facilitate Phase II Improvements for TOW Path Park at the Foot of Hertel Ave., the Erie County Department of Environment and Planning has requested an easement in the Hertel Ave. street right of way. This easement is necessary to construct the proposed phase II improvements and satisfy legal funding requirements for the expense of County funds on City property. The cost estimate for this project is $826,000, consisting of $526,000 Erie County funds and $300,000 from the N.Y. State Clean AirM/ater Act. It is therefore recommended that Your Honorable Body authorize the Mayor to execute an easement for the Phase II Tow Path Park Project on existing Hertel Ave. street right of way as per the attached language and exhibits. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated June 6, 2007, be received and filed; and That the Mayor be, and he hereby is authorized to execute an easement with the Erie County Department of Environment and Planning for the Phase 1 /Tow Path Park Project on existing Hertel Avenue street right of way. PASSED AYES -9 NOES -0 NO. 36 MEMORANDUM CABLE FRANCHISE To: All Councilmembers Attached please find the Time Warner Cable response to the City's Franchise proposal. I will be providing you with a summary and comparison to our proposal shortly. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS AND THE CORPORATION COUNSEL NO. 37 CERTIFICATE OF APPOINTMENT Appointment effective June 4, 2007 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Account Clerk Typist, Temporary Promotion at the Intermediate starting Salary of $28,505 Deborah longo, 325 North park Avenue, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 38 CERTIFICATE OF APPOINTMENT Appointment effective June 4, 2007 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Equipment Operator, Provisional Promotion at the Intermediate starting Salary of $30,923 John Lombardo, 163 Bird ave, Buffalo, NY 14213 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 39 "R. COZZI - MAIN HURON LLC - COMPLAINTS ROOM 101 -3160 MAIN STREEF'(#" CCP MAY 29, 2007) "LACK OF QUALITY OF LIFE CRIME REPORTS "( #100 CCP MAY 29, 2007) DearCorrrnonCound, Thank you for your May 30, 2007 correspondence concerning the aforementioned matters. Our Department wishes to provide the Common Council with complete and accurate information wing our effortsto address Quality of Life crimes and violations. In order to do that, our Department respectfully requests a one week extension from June 7, 2007 to respond to your May 30, 2007 correspondence. In the future, our Department will endeavor to provide the Common Council v4h regular reports conoerni Quay of Life arriesandviolatons, and in particular, summonses for noise complaints. Very truly yours, REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF FIRE NO. 40 PROPERTY AT LEROY & HALBERT ST. The Buffalo Fire Department is requesting that it maintain possession of the property located at Leroy & Halbert. (formerly our Engine 24 firehouse.) Possession of this property is both critical and imperative for the continued storage of our WMD (Weapons of Mass Destruction) trailers. Mr. Bonifacio moved: That the above communication from the Commissioner of Fire dated May 21, 2007, be received and filed; and That the Department of Fire through the Director of Real Estate maintains possession of Leroy & Halbert (formerly Engine 24 firehouse). PASSED AYES -9 NOES -0 FROM THE CORPORATION COUNSEL NO. 41 CLAIMS COMMITTEE AGENDA WEDNESDAY, JUNE 20, 2007 Hon. Michael P. Kearns, Chairperson Personal Injury A. 1. Lorraine and Earl Pray v. City et al $36,000 A. 2. Norma Jefferson as the Administrator of the$30,000 Estate of Sallie M. Riddle v. City et al Property Damaae B. 1. Charles Buchanan $590.83 B.. 2. Joseph Komorowski $799.18 B. 3. Sheila Kotrys $370.00 B. 4. Mary Ann Leber $150.35 B. 5. William Mara $172.49 B. 6. Marlene Myree $433.44 B. 7. State Farm Ins. a /s /o Raymond Mastrangelo $2500.00 Property Damage (tree related) C. 1. ShlOmo Amitay $3710.00 C 2 Vincent Coppola $384.36 C. 3 Maggie Davis $750.00 C. 4 Donald Dickerson $1305.00 C. 5 Charles Humphrey $769.35 C 6 Tatiana Jimenez $1520.11 C. 7. Barbara Kozlowski $1449.00 C 8 Liberty Mutual Ins. a/s /o Patdca Davenport $2815.84 C. 9 Yolanda Maple $250.00 C 1Q Thelma Rounds $1780.00 C. 11. Zheng Yu Wang $129.58 C. 12. John Zachritz $2,316.25 Miscellaneous Reimbursement D. 1 Lisa Gamer $4,725.00 D. 2. Robyn Gatti $2,690.00 D. 3. Iron Island Preservation Society of Lovejoy $795.00 D. 4. United Auto Credit Corp $6,275.00 D. 5. Samuel Walker $3,100.00 Miscellaneous Invoices E. 1. Comnetix Inc. $1,380.00 E. 2. First Niagara Risk Management $1,382.73 E. 3. Lane, Fire and Safety $228.00 Miscellaneous Item F. 1. In the Matter of Firefighter Lee Kirkwood F. 2. Local 282 Funeral Expense Fund. Reimbursement for Funeral Expenses - Firefighter Christopher Dill $11,330.92 REFERRED TO THE COMMITTEE ON CLAIMS FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 42 USED CAR DEALER 1276 BAILEY (LOVEJOY) 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 1275 Bailey 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 Anthony LaBoy. The attached thereto for Anthony LaBoy, dba /Excel Motors. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 43 USED CAR DEALER 1346 SENECA ST (LOVEJOY) 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 1345 Seneca 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 Joseph Breidenstein. The attached thereto for Joseph Breidenstein, dba /Knight Motors. 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 June 5, 2007, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services Permit be, and he hereby is authorized to grant a Used Car Dealer license to Joseph Breidenstein d /b /a Knight Motors, located at 1345 Seneca. PASSED AYES - 9 NOES -0 FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO. 44 WAIVER OF PERFORMANCE BOND The division of purchase is requesting permission to lower the security /performance bond requirement for the purchase of uniforms for the Buffalo Police Department. The anticipated contract is expected to exceed $250,000. Upon discussion with the police department we feel comfortable with the dollar amount of $100,000 for security deposit. This will not only save the city money but assist small businesses in the ability to bid. Mr. Bonifacio moved: That the above communication from the Department of Administration and Finance dated June 7, 2007, be received and filed; and That the Director of Purchase be, and she is hereby authorized to waive the performance bond requirements for the purchase of uniforms for the Buffalo Police Department. PASSED AYES -9 NOES -0 NO. 46 CERTIFICATE OF APPOINTMENT Appointment Effective: June 1, 2007 in the Department of Administration, Finance, Policy and Urban Affairs, Division of Urban Affairs to the Position of Director of Urban Affairs, Temporary Appointment at the Salary of $55,000.00 Karen Stanley Fleming, 728 Ashland Ave Lower, Buffalo, NY 14222 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING NO. 46 CERTIFICATE OF APPOINTMENT Appointment Effective in the Department of Community Services, Division of Substance Abuse Services to the Position of Senior Counselor, Provisional Appointment at the Second Step of $35,703 Nathanial J. Harbin III, 411 Emslie St, Buffalo, NY 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE BOARD OF EDUCATION NO. 47 "MOVING BUFFALO SCHOOL BOARD ELECTIONS TO NOVEMBER" RES # 103 C.C.P. MAY 16, 2007 The Buffalo Board of Education's Executive Affairs Committee will review the resolution at an upcoming meeting and forward the position of the Board to the Common Council. Past Boardsof Education have not been in favor of November elections. The main objection of prior Boards has always been that November elections would make the process too political. The purpose of the May elections is to separate it from the political process of party lines, primaries and the general election. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION FROM THE CITY CLERK NO. 48 MINUTES OF THE BOARD OF ETHICS Attached please find the minutes of the May i, 2007 Board of Ethic meeting. City of Buffalo Board of Ethics Meeting May 1, 2007 Present: Douglas Coppola James Magavern Gerald Chwalinski Eleanor Paterson Richard Sullivan Excused: Sylvester Harold Alisa A. Lukasiewicz Guest: Cavette Chambers, Asst. Corporation Counsel Item #1) Roll Call Item #2) Mr. Coppola noted a correction on the second page second paragraph third line that should read NCAA. Finding no other corrections, Mrs. Patterson moved to accept the minutes of the March 20, 2007 meeting seconded by Mr. Chwalinski. All were in favor and the minutes were received and filed. Item #3.) The boards' secretary updated the board members on the filing of Annual Disclosure Statements noting that the board had already reached 100% however, new appointments and or renewals were received in the Clerks Office. With regard to the new appointments / renewals Mr. Kennedy, Buffalo Sewer Authority filed, Mr. Johnson, Examining Board of Plumbers has not filed, and Mr. Giambra, Buffalo Water Board, withdrew his appointment. She further noted that with the withdrawal of Mr. Giambra's appointment the reappointment of Donna Estrich was received and she has filed an Annual Disclosure Statement with the ClerVs Office. With that Mr. Coppola suggested that the board send Mr. Johnson a 10 -day letter requesting that he comply with the Code of Ethics requirement in filing his Annual Disclosure Statement. A letter was sent to Mr. Seaman, Chair of the BMHA Board requesting that he clarify the position of members of the BMHA board to file Annual Disclosure Statements with the City of Buffalo's Board of Ethics. The board secretary reported that no reply has been received as of this meeting. Mr. Coppola suggested that Mr. Sole send a follow -up letter to Mr. Seaman. Item #4.) The Board next discussed a letter it received from Mr. Peter Savage, III, Asst. Corporation Counsel and Mr. Paul Wolf, Buffalo Common Council Chief of Staff regarding a seminar they attended on February 20, 2007. Mr. Coppola noted that the matter falls within a crack because the provision pertaining to travel, and there was no travel, that the board carved in an exception or at least recognized one where there are expenses that confer a benefit to the City of Buffalo. He further stated that it seems that the attendance at a professional seminar would be a benefit to the City, where a City employee would otherwise not be able to attend do to budgetary constraints therefore concluding that the item be received and filed by the board. Mr. Coppola further noted that the board has in the past received registration fees that were covered with out of town travel on a received and file bases. Mr. Magavern stated that he did not believe it should be treated as travel but rather as a gift to the City. All members were in agreement and the item was received and filed. Item #5.) The board received a letter regarding an opinion on whether or not a business interest constitutes a conflict of interest issue. After much discussion between board members it was suggested by Mr. Sullivan that the Board refer the matter to Corporation Counsel, wait to get an opinion from Corporation Counsel, discuss the matter further at its next meeting, and then respond to the individuals request. All members were in agreement and the item will be revisited at its next meeting. Item #6.) Leonard Matarese filed a transactional disclosure statement with the Board regarding tickets he received from Blue Cross to attend a Buffalo Sabres hockey game along with the submission of reimbursement for those tickets. The item was received and filed by the Board. The board then moved to go into executive session regarding Item #1 under old business. Upon returning to the record it was reported that the board had concluded its executive session and noted that the next meeting of the Board of Ethics will be June 5, 2007 at which time consideration of old business will be undertaken. Old Business: Item #1 .) This item is addressed above. Item #2.) No new information is available regarding the Code of Ethics Handbook Project at this time. The next meeting of the Board of Ethics was set for Tuesday, June 5, 2007 in City Hall, Room 1317 at 9:00 a.m. Meeting adjourned. RECEIVED AND FILED NO. 49 ITEM RECALLED FROM MAYOR CCP# 18-6/29/07 The attached item (CCP #18- 5/29/07) is being recalled fi'om the Mayor because of necessary revisions to this document. RECEIVED AND FILED. NO. 50 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 522 -528 Elmwood The Elmwood Rest 2656 Delaware Applebee's Rich Mabry Hyatt Harriets Restaurant Lori Romus 51 West Chippewa Brinks Dennis Brinkworth 426 Hertel Meisters Colleen Richardson 78 West Chippewa LID Buffalo Inc Lome Davis RECEIVED AND FILED NO 51 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: X Police- Keith Vona X Community Services- Nathanial Harbin, Muriel Somma RECEIVED AND FILED. NO. 52 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: X Buffalo Sewer Authority RECEIVED AND FILED. NO. 53 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Bonifacio moved the approval of the appointments to the position of Council Intern. ADOPTED. CERTIFICATE OF APPOINTMENT Appointment Effective: in the Department of Common Council Division of University District to the Position of Intern VI, Seasonal, Non Competitive at the flat starting salary of $10.00/hr Raymour P. Nosworthy, 81 Easton Avenue, Buffalo, NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 54 NOTICES OF APPOINTMENTS - SEASONAL/FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. CERTIFICATE OF APPOINTMENT Appointment effective 06/05/2007 in the Department of Public Works, Parks and Streets to the Position of Bridge Operating Engineer, Seasonal at the flat starting salary of $10.25/hr Robert A. Kreutinger, 50 Homer Ave, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment effective 06/05/2007 in the Department of Public Works, Parks and Streets to the Position of Laborer 11, Seasonal at the flat starting salary of $8.15/hr Gerald Brinkworth, 47 Marine Drive, Apt #11 F, Buffalo, NY 14202 NO. 55 APPOINTMENTS TEMPORARY, PROVISIONAL, PERMANENT I transmit herewith Appointments in the Various departments made at the Minimum(Temporary, Provisional, Permanent) (as per contract requirements) REFERRED TO THE COMMITTEE ON CIVIL SERVICE CERTIFICATE OF APPOINTMENT Appointment effective 06/04/2007 in the Department of Administration, Finance, Policy and Urban Affairs, Division of Parking Enforcement to the Position of Laborer 11, Permanent at the flat starting salary of $24,336 Kevin Derfert, 139 Benzinger, Buffalo, NY 14206 CERTIFICATE OF APPOINTMENT Appointment effective 06/04/2007 in the Department of Public Works, Parks and Streets, Division of Engineering to the Position of Senior Engineer, Provisional Promotion at the flat starting salary of $47,712 Donald Poleto, 263 Whitfield, Buffalo, NY 14220 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 56 E. BAKER - GSA -EST OF DISTRICT HTG -NEW FED COURTHOUSE GSA Northeast and Caribbean Region Dear Ms. Rushton: Thank you for your letter dated May 8, 2007, regarding the establishment of District Heating at the new Federal Courthouse. On May 15, 2007, the General Services Administration (GSA) had a conference call with representatives of the Buffalo District Energy Corporation (BDEC). The representatives of BDEC were Janice Barrett of Grant Builders, John Partsch of Siemens and Dan Kruez of the City of Buffalo. During the conference call, GSA was informed that BDEC could not supply chilled water for cooling to the new courthouse, but could supply hot water for heating. For the supply of hot water, GSA provided the heating requirements of the courthouse of 5 million BTU's per hour at the heat exchanger to BDEC. The requirement for redundancy for the supply of hot water is 505 gallons per minute: On May 17, 2007, GSA emailed this information to Janice Barrett and Dan Kruez. With this information, BDEC will be able to inform GSA of the cost of the hot water and the terms of a potential utility contract with GSA. GSA will continue discussions with BDEC to possibly incorporate the heating program into the courthouse design, Hopefully, this information will eliminate tile need for a meeting with the Common Council at this time. It is my hope that this information addresses your concerns. However, if you need additional information, please do not hesitate to contact me at (212) 264 -2600 or Arnorld Feinsilber, Project Manager at (212) 264- 8826 or via email at arnold.feinsilber @gsa.gov. With regards, Emily R. Baker /Regional Administrator REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 57 MEMORANDUM BOARD PACKET DOCUMENTS - 6/4/07 Attached are the following documents from the Joint Schools Construction Board meeting scheduled on June 4,2007: 1. Draft Agenda 2 Meeting Minutes from JSCB Meeting dated May 7, 2007 3 Phase I Application and Certificate for Payment No. 40 - Final 4 Fully executed Phase II Application and Certificate for Payment No. 31 -Apra 2001 5. Phase 11 Application and Certificate for Payment No. 32 - May 2007 6. Phase 111 Application and Certificate for Payment No. 1 -Apr l 2007 7. Phase III Application aid C eforPaymertNo.2- May2007 8. Program Packaging and Development Services (PPDS) Provider Update 9 Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase 11 Prgect Apr l 2007 RECEIVED AND FILED NO. 58 M.CLARKE ESTABLISHING A LAND BANK ENTITY" SPONSORED BY COUNCILMEMBER LOCURTO Honorable Members: We are pleased to be able to respond to Council Member LoCurto's resolution related to the formation of a land bank entity for the City of Buffalo. As stated in his resolution, the Council Member is correct in asserting the effectiveness that a properly structured land bank entity can exact on a city or region's vacant property situation. Genesee County (Flint), Michigan has set the standard for similarly positioned communities that wish to design and implement a land bank entity with broad and flexible powers to preserve stewardship over marginal properties and return vacant and abandoned properties to productive reuse. A recent quantitative study of the Genesee County Land Bank by the Land Policy Institute at Michigan State University suggested that since its formation, the Land Bank has positively influenced the values of more than 26,000 residential properties. The Institutes research shows the Land Bank to be an effective tool in stemmmg the problems of the crime and blight associated with vacant properties. It concludes "when urban areas are losing their population, industry, and desirable neighborhoods, they can protect their property values with demolition of abandoned structures and other programs made possible by the Michigan Land Bank" enabling legislation. The time is right for positive action in Buffalo, as the City's vacancy problems are becoming more acute by the day. The US Postal Service recently released data on vacant and undeliverable addresses by Census Tract. These figures represent chronic vacancy, addresses that have been vacant (not collecting their mail) for 90 days or longer, as well as addresses deemed uninhabitable in their current state. From March 2006 to March 2007 Buffalo lost 1,692 deliverable addresses, representing a decrease of 1.4% of the city's total addresses, in some neighborhoods, however, the effects were far worse, with one year decreases well above 10 %, leaving them with undeliverable rates nearing a staggering 40% overall. When the forefathers of the City of Buffalo designed the structure and function of the government, coping with thousands of dilapidated properties and vacant lots was not a consideration. Current State regulations, also, complicate the process of acquiring properties and cleaning title. It is not a slight to the existing government, then, to say that the City, is simply not set up to deal with these issues on this scale in a comprehensive manner. By shifting these responsibilities to a land bank entity, the City will be in a stronger position to consider strategic redevelopment, while gaining a valuable partner that can bring additional resources and expertise to bear for the good of our communities. Recently Assembly Member Hoyt introduced bill A08059, which would allow for the formation of a land bank with local control through the enabling legislation for the Empire State Development Corporation. With the creation of the new office of Upstate Empire State Development, under the leadership of Daniel Gundersen, this bill presents a unique opportunity" to realign the State's resources to fit the needs and opportunities specific to Buffalo. While the intricacies of a local land bank's powers, structure, and funding will need to be discussed and further refined, a land bank can be a powerful tool for redeveloping Buffalo as a city of healthy and sustainable neighborhoods. As with our previous and ongoing vacant property work in conjunction with the National Vacant Properties Campaign, as illustrated in Blueprint,Buffalo, LISC is happy to be an active member of a team of organizations and individuals dedicated to solving the crisis of vacancy and abandonment and rebuilding our city for the benefit of all of our residents. We once again look forward to working with the Common Council on these issues. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 69 B. DAVIS RE: REQUEST TO HOMESTEAD A VACANT LOT Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council session to be held June 26, 2007. Thank you in advance for your assistance with this matter. Sincerely, Brian C. Davis Ellicott District Couneilmember REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE DIRECTOR OF STRATEGIC PLANNING NO. 60 M. GAINER - BUFFALO REUSE ALTERNATIVE TO DEMOLITION Dear CoundlmemberGdombek On behalf of Buffalo ReUse, Inc., I'd like to thank you for your on -going support of our effort to provide a community- minded alternative to the commonly instituted practice of demolition. We believe deeonstructiun has avaluable role here in the City of Buffalo for helping to mitigate the challenge of abandoned and vacant homes. Our organization is implementing the practice of deconstruction, orthe careful disassembly of a house in the opposite orderthat it was originally built, as a vehicle forjob training, material reclamation, and communitydevelopment. I'm writing to request that Buffalo ReUse Inc. be invited to address the Community Development Committee, scheduled to meet on June 19e—. We're eager to share our work with the council and provide some background on the services we provide. I'm suetheCarnrnlnewl have sevadquestiomcl)a.ta iv%akardv,deiterstedn reoeivingfeedbadkfomtheoornrrrltee .Thusfar,we\/e worked diiger*to indudethe City of Buffalo in our plans fordeveloping an innovative community and economic development organization that will not only address a very challenging housing situation tithe Cly, butabD AeIVW 0r r0orrmn&es. Wehaenavoorr0teda.rfrAMohc seson EastSides4ragngovff30 %ofmatetialthatwoukihave dhennnse gonetothe hncfl. We\e risen in ecoess of $250,000to initiate ourfi.l bm deaonsar K ion operation andwearehopefi, ithatwecanhaearfistoewrrnrrig4tAlyla. Thusfar,ourdfat has been 100% volurteerrun and driven. We're just a little over a year into the planning and implementation of this organization and we' re proud of althatwe have a000mpished. CLne*,,Buffa PA) sesaLaiseddaTr ibonoatadav4hthe CllydBuffaloaxicarriesits own liability insurance policywith First Niagara Risk Management. We are forgiig newoohmrationswlh notaiy oanT rtyarga Ela — s, butebDoatadors throughout the City. We're excited to make deconstruction a significant part of the aiionhereinB", vhenaddesrigihemaydiJengesofabandonedandvacart haftandv,de oJaTilftcryoLMjobtrai Npragamandcorrrirtydevelopment initiatives once we're rolling smoothly. l aimuageyoutocortactmedredlytyou haRgjeshomregarftftmquestet 94990900. I laiodvwe Rtiedon se vadooca sonsiDmeet,bLthnhopeH#Y-ta meeting with the committee will bring multiple parties upto speed with our work. I eagerly awai yourresponse and loddaward to meeting you! Onward, Michael Gainer REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 61 J. GOLOMBEK- HOUSING COURT Dear Mr. Tobe I was just speaking with our housing court liaison for Black Rock Riverside i was shown the list of housing court cases for our area. The list contained 8 properties due in housing court, all of which have been there before. No new cases!! That means that out of two inspector they each have four a piece. In comparison Masten district which shares the same court date as Black Rock Riverside had eight pages. What are the two inspectors for BRR doing or not doing that their district is poorly managed. The BRR GNPA housing committee has been trying for months to get the inspectors to do a systematic approach to covering our district. We have heard rumors that the inspector are allowed to only write up 8 cases per day. At that rate you would think that we have 320 cases per month between the two inspectors. What can be done to help rectify the situation? REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, AND THE COMMISSIONER OF ECONOMIC DEVELOPMENT. PERMITS AND INSPECTIONS NO. 62 M GRANT -IN OPPOSITION TO PRESIDENT BUSH'S 2007 BUDGET Dear Ms. Baldwin: On behalf of President Bush, thank you for providing City of Buffalo Resolution #172. The President has set clear goals to cut the deficit in half by 2009. The President's tax cuts have grown the economy and helped to bring down the deficit. The President is committed to maintaining our pro- growth policies and insisting on spending restraint. Last year, the President proposed to hold overall discretionary spending growth below the rate of inflation to continue efforts to improve performance in federal programs by making sure they achieve results and fulfill essential priorities. As a result of these goals $6.5 billion in savings was delivered to taxpayers. The PY'07 Budget build> on these efforts. Again, the President proposed holding overall discretionary spending below the rate of inflation and to cut spending in non - security discretionary programs below 2006 levels. The President wants every program and every agency to measure success not by good intentions or by dollars spent, but rather by results achieved. Our country, its citizens, and its economy are ever changing and the President feels that government programs should change to address the current needs of the United States. This is why the Community Development Block Grant program, along with other federal programs for community and economic development, will be reformed in 2007 to increase the focus and effectiveness of federal efforts to provide adequate economic opportunity in low- income communities. The President considers it his highest priority to protect the citizens of the United States. Since 2001, the President has tripled spending devoted to non - defense homeland security and provided nearly $18 billion through that department to State, local and tribal governments to enhance their preparedness for a range of hazards including terrorism and catastrophic events. The Community Oriented Policing Services Program has increased its ability to assist citizens with the availability of funding under the Tribal Resources Grant Program. Up to fifteen million dollars is available in FY'07 to address the serious needs of tribal law enforcement. Finally, to make the Low Income Home Energy Assistance Program (LIHEAP) more effective the FY'07 budget proposes to redirect a portion of the funding from the block grant program to the LIHEAP Contingency Fund, where funding allocations can be targeted more effectively to assist states in meeting unanticipated energy emergencies (rather than using the block grant formula). Furthermore a 56% increase (i$101 million) is —, requested in contingency funds as well. I sincerely thank you for sharing your concerns with the President. Please contact Wade Lairsen or me if we can be of any further assistance to you. RECEIVED AND FILED NO. 63 M. KEARNS TRIP TO MILWAUKEE, WI & CHICAGO, IL Please file the attached notes on the trip to Milwaukee, WI & Chicago, IL with Council President Franczyk, Councilmember Fontana and myself. Please refer to the Waterfront Development Committee Development.. Thank you. Last week we were fortunate to travel to Milwaukee, Wisconsin and Chicago, Illinois in an effort to learn more about waterfront and economic development possibilities. It was a unique opportunity to learn from the progress that has made by two peer lakefront cities with post- industrial legacies. At the invitation of former Milwaukee Mayor John Norquist, we toured the city's Riverwalk along the Milwaukee River. The area was a forgotten place at one time, with buildings in disrepair or vacant for many years. We learned that all development projects in Milwaukee incorporate riverfiont access, which brings people to the water, pedestrians take advantage of the River's shoreline, which houses boats and condominiums with waiting lists for occupancy. Access leads to ownership, and we saw firsthand the restaurants, shops and pubs that would not be there without dose access to the river. Former Mayor Norquist spoke passionately about people enjoying the atmosphere of living on the water, making it part of the city's, and the citizens' day-to-day life is one of the most important things a dty can do, hedd us. We also visited the Riverfiont neighborhood near the former Paris East Freeway, an elevated highway, much like the Buffalo Skyway, which was removed and replaced with a surface boulevard. Since its removal, property values have climbed and mixed -use projects are ouTrrion. Current MayorTomBarreltmety &us and assigned tvwofthe city's Economic Development Specialists to showcase the development of neighborhoods, housing initiatives and business strips. To dose the day, we visited a 1200 -acre brownfield redevelopment project, the largest in Wisconsin's history, which offers geographical, economical, ecological and cultural benefits with the help of private and public sector partners. Janet Attarlan is the City of Chicago's ape and Urban Design Project Director, in the Department of Transportation. She addressed fundamental quality of life issues within shaetsc pes such as safety, acoessibity and neighbahood identify Chicago's framework encourages development of commercial streets as vital places for residents, tourists, shoppers and commuters to live, work and play. We visited with Farr Associates, leaders in form -based coding, where we were presented with the critical factors of coding a community, and latertoured the Chicago waterfront. We ended ou tipwih a dean, corvenient and afordable $200 subway ride from dambwC hmgobCFhe blyrAilEsa�ey. The progress made by the cities of Milwaukee and Chicago can be mirrored in Buffalo. The Park East Highway divided the people of Mlwaukee from thenwaterfronh our Skyway does the same. The City of Milwaukee, underthe inspirational leadership of Mayor Norquist connected its downtown to its invaluable shoreline in five short years; Buffalo can do the same. It is our belief that the City of Buffalo ought to partner with the State of New York to aggressively explore the possibility of removing the Skyway, and request that it fills a new Erie Canal Harbor Development Corporation vacancy with a City representative who has voting privileges. Likewise, it is time for Buffalo to move past the planning stage to proactively fonnulate a form -based code, thereby encouraging viable development and the walkable community which our lakefront deserves. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT PETITIONS NO. 64 J. SHEPARD, OWNER, USE 266 ALLEN -TWO OUTDOOR PATIOS (ELL) (HRG.6119) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 66 J. POPIELA, AGENT, USE 2066 DELAWARE -FREE STANDING SIGNS (DEL) The attached is for Common Council Approval; but per Permits, no public hearing is required. REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD. NO. 66 M. ANDRZEJEWSKI, AGENT, USE 317 CHOATE- GROUND SIGN (SO) (Phone #716- 827 -2564 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. 67 APPOINTMENT APPT. -SUPV. OF STREET SANITATION I (PROV.) (INTER) (PW) (ITEM NO. 24-MAY 29, 2007) That Communication 24, May 29, 2007 be received and filed and the provisional promotion of Nicholas F. Tomasulo stated above at the intermediate starting salary of $32,191.00 effective on May 21, 2007 is hereby approved. PASSED NO. 68 APPOINTMENT APPT.- POLICE CAPTAIN (CONT. PERM.) (MAX) (POL) (ITEM NO. 26-MAY 29, 2007) That Communication 26, May 29, 2007 be received and filed and the contingent permanent appointment of Brian D. Marten stated above at the maximum starting salary of $75,223.00 effective on May 12, 2007 is hereby approved. PASSED AYES -9 NOES -0 NO. 69 APPOINTMENT APPT.- POLICE CAPTAIN (PERM.) (MAX) (POL) (ITEM NO. 27-MAY 29, 2007) That Communication 27, May 29, 2007 be received and filed and the permanent promotion of Guy Zagara stated above at the maximum starting salary of $75,223.00 effective on May 12, 2007 is hereby approved. PASSED AYES - 9 NOES -0 NO. 70 APPOINTMENTS APPT.- POLICE LT. (PERM) (MAX) (POL) (ITEM NO. 28-MAY 29, 2007) That Communication 28, May 29, 2007 be received and filed and the permanent promotion of Lance R. Russo & Michael P. Quinn stated above at the maximum starting salary of $66,315.00 effective on May 12, 2007 is hereby approved. PASSED AYES - 9 NOES -0 NO. 71 APPOINTMENT APPT.- POLICE LT. (CONT.) (PERM) (MAX) (POL) (ITEM NO. 29-MAY 29, 2007) That Communication 29, May 29, 2007 be received and filed and the contingent permanent promotion of Christopher S. Kochersberger stated above at the maximum starting salary of $66,315.00 effective on May 12, 2007 is hereby approved. PASSED AYES - 9 NOES -0 NO. 72 APPOINTMENT APPT.- DETECTIVE SERGEANT (PERM) (MAX) (POL) (REM NO. 30-MAY 29, 2007) That Communication 30, May 29, 2007 be received and filed and the permanent promotion of Jonathan Walton stated above at the maximum starting salary of $62,423.00 effective on May 12, 2007 is hereby approved. PASSED AYES - 9 NOES -0 NO. 73 APPOINTMENT APPT.- DETECTIVE SERGEANT (CONT.) (PERM) (MAX) (POL) (ITEM NO.3 L -MAY 29, 2007) That Communication 31, May 29, 2007 be received and filed and the contingent permanent promotion of William Crawford stated above at the maximum starting salary of $62,423.00 effective on May 12, 2007 is hereby approved. PASSED AYES - 9 NOES -0 NO. 74 APPOINTMENTS APPT.- DETECTIVE (PENN) (MAX) (POL) (ITEMNO.32- MAY29,2007) That Communication 32, May 29, 2007 be received and filed and the permanent promotions of Ellen M. Nowadly & John C. Garcia stated above at the maximum starting salary of $59,909.00 effective on May 12, 2007 is hereby approved. PASSED AYES - 9 NOES -0 NO. 75 APPOINTMENTS APPTS.- DETECTIVE (CONT.) (PERM) (MAX) (POL) (ITEM NO. 33-MAY 29, 2007) That Communication 33, May 29, 2007 be received and filed and the permanent promotions of Leo McGrath, Anthony J. Lapiana, Terrance M. Supples, & Laura D. Pittorf stated above at the maximum starting salary of $59,909.00 effective on May 12, 2007 is hereby approved. PASSED AYES - 9 NOES -0 NO. 76 APPT. -BLDG. INSPECTOR (INTER#3) (EDPI) (ITEM NO. 41-MAY 29, 2007) That Communication 41, May 29, 2007 be received and filed and the temporary appointment of David Gilson stated above at the intermediate starting salary of $42,597.00 effective on May 21, 2007 is hereby approved. PASSED AYES - 9 NOES -0 FINANCE (BRIAN C. DAVIS, CHAIRMAN) NO. 77 NEW YORK STATE LEGISLATIVE EFFICIENCY INCENTIVE GRANT (ITEM NO. 43, C.C.P., MAY 29, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Davis moved That the above item be the same and is hereby recommitted to the committee on Finance ADOPTED NO. 78 SUPP. OF REDEV. OF THE FORMER FED. BLDG. (4 RES. ONLY) ( #128,5/1) ( #78,5/15) That the above item be and the same hereby is received and filed. ADOPTED. LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 79 K. REYES, PETITION TO USE 257 GENESEE - FREESTANDING SIGNS (ITEM NO. 63, C.C.P., MAY 29, 2007) That after the public hearing before the Committee on Legislation on June 5, 2007, the petition of K. Reyes, agent for permission to use 257 Genesee for three (3) ground signs be, and hereby is approved. PASSED AYES -9 NOES -0 NO. 80 F. INGLIMA, PETITION TO USE 1264 HERTEL AVENUE - SIDEWALK CAF — (ITEM NO. 64, C.C.P., MAY 29, 2007) That after the public hearing before the Committee on Legislation on June 5, 2007, the petition of F. Inglima, owner, for permission to use 1264 Hertel Avenue to place a sidewalk car6 (approximately 34' x 12') with an awning over it in front of an existing sit -in restaurant be, and hereby is approved. PASSED AYES -9 NOES -0 NO. 81 PENNACCHIO, PETITION TO USE 1065 ELMWOOD - PLACE ROOF ATOP RESTAURANT /MAKE REPAIRS (ITEM NO. 66, C.C.P., MAY 29, 2007) That after the public hearing before the Committee on Legislation on June 5, 2007, the petition of D. Pennacchi, agent, for permission to use 1065 Elmwood Avenue to place a 3' x 10" x 5 roof atop a fiat roof and to make repairs to the front facade be, and hereby is approved. PASSED AYES -9 NOES -0 NO. 82 R. LARUSCH, PETITION TO USE 511 OHIO - FRAME SHELTER/STORAGE ROOM ADDITION (ITEM NO. 66, C.C.P., MAY 29, 2007) That after the public hearing before the Committee on Legislation on June 5, 2007, the petition of R. Larusch, agent, for permission to use 511 Ohio to erect a frame shelter and a frame storage room addition to a block storage building be, and hereby is approved. PASSED AYES -9 NOES -0 NO. 83 C. MANNING, PETITION TO USE 1120 MAIN STREET- AUTO COLLISION WORK (ITEM NO. 67, C.C.P., MAY 29, 2007) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved: That after the public hearing before the Committee on Legislation on June 5, 2007, the petition of C. Manning, agent, for permission to use 1120 Main Street for an auto repair garage, auto sales room and service station be, and hereby is approved on the condition that all work is to be done inside the facility -no work done on the outside grounds. PASSED AYES -9 NOES -0 NO. 84 G. DEGANIS, PETITION TO USE 565 ELMWOOD - ENCROACHMENT ON ROW (ITEM NO. 68, C.C.P., MAY 29, 2007) That the Acting Commissioner of Public Works, Parks and Street be, and he hereby is authorized to issue a "mere license" to G. Deganis, owner applicant, located at 565 Elmwood Avenue, to enlarge a 2.5 story mixed use building, use basement as retail space, enlarge building at south side, south side to encroach city right -of -way at said address, subject to the conditions as determined by the Acting Commissioner of Public Works, Parks and Street be, and hereby is approved. PASSED AYES -9 NOES -0 NO. 85 FOOD STORE LICENSE - 2250 SENECA (ITEM NO. 34, C.C.P., MAY 29, 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 Kina Harvey, located at 2250 Seneca. PASSED AYES -9 NOES -0 NO. 86 FOOD STORE LICENSE -163 WEST FERRY (ITEM NO. 36, C.C.P., MAY 29, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved That the above item be the same and is hereby recommitted to the committee on Legislation ADOPTED NO. 87 SIDEWALK CARE -1264 HERTEL (ITEM NO. 37, C.C.P., MAY 29, 2007) That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Rosaria Inglima, owner of Filippo's, located at 1264 Hertel Avenue, to install a 34 x 12' sidewalk car6 with wrought iron railings, which would encroach city right -of -way at said address, subject to conditions. PASSED AYES - 9 NOES -0 NO. 88 SIDEWALK CARE - 85 WEST CHIPPEWA (ITEM NO. 38, C.C.P., MAY 29, 2007) That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to James Sutton, owner of Barrel House, located at 85 West Chippewa, to install a 26' x 5' sidewalk car6, which would encroach city right -of -way at said address, subject to conditions. PASSED AYES - 9 NOES -0 NO. 89 USED CAR DEALER -1905 GENESEE (ITEM NO. 39, C.C.P., MAY 29, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Used Car Dealer License to Michael Gates, d /b /a MGM Best Buy Inc. located at 1905 Genesee. PASSED AYES - 9 NOES -0 NO. 90 B. DAVIS -W. VANCOTT -REQ. REMOVAL OF PKG. METERS ON S. ELMWOOD (#42,5/29) That the above item be and the same hereby is received and filed. ADOPTED NO. 91 J. AZZALLERA - ELMWOOD VILLAGE ASSN. -OPP. PROP. ADD. -1081 ELMWOOD (#49,5/29) That the above item be and the same hereby is received and filed. ADOPTED. NO. 92 B. DAVIS -J. LITTLE - CATHODE RAY -26 ALLEN ST.- INFO.- OUTDOOR PATIO (#51,5/29) That the above item be and the same hereby is received and filed. ADOPTED. NO. 93 J. KOLAGA- COMMENTS -PROP. PANO'S DEVELOPMENT (#55,5/29) That the above item be and the same hereby is received and filed. ADOPTED. NO. 94 APPOINTMENT MEMBER TO BICYCLE /PEDESTRIAN ADVISORY BOARD (ITEM NO. 103, C.C.P., MAY 29, 2007) That the appointment of James Costello, as a member of the vacant position on the Bicycle /Pedestrian Advisory Board be, and hereby is Adopted ADOPTED NO. 95 J. DWYER, PETITION TO USE 1081 ELMWOOD- RESTAURANT (ITEM NO. 69, C.C.P., MAY 15, 2007) (ITEM NO. 87, C.C.P., MAY 29, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That after the public hearing before the Committee on Legislation on May 22, 2007, the petition of J. Dwyer, agent, for permission to use 1081 Elmwood to erect a 2 story masonry and structural steel addition to the front (west) of an existing 1 story masonry restaurant be, and hereby is approved PASSED AYES -9 NOES -0 NO. 96 FOOD STORE LICENSE - 1445 EAST DELAVAN (ITEM NO. 36, C.C.P., MAY 15, 2007) (ITEM NO. 94, C.C.P., MAY 29, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the above item be the same and is hereby recommitted to the committee on Legislation ADOPTED 01 [61W111 FOOD STORE LICENSE 1981 FILLMORE (ITEM NO 37 CCP MAY 15, 2007) (ITEM NO 95, CCP MAY 29, 2007) Mr. Fontana moved: That the above item be the same and is hereby recommitted to the committee on Legislation ADOPTED NO. 98 APPOINTMENT AND REAPPOINTMENT BOARD OF PARKING (ITEM NO. 2, C.C.P., MAY 15, 2007) That the appointment of Daniel Derenda, residing at 12 Dover, and Christopher Austin, residing at 244 St. Lawrence as members of the Board of Parking for terms commencing immediately and expiring April 30, 2012. That the re- appointment of Henry Gorino, 33 Tudor Place as a member of the Board of Parking for a term commencing immediately and expiring April 30, 2012 be, and they are hereby approved. PASSED AYES -9 NOES -0 NO. 99 CERT. OF INSURANCE - BUFFALO SPECIAL POLICE (POL) ( #19,4/17) That the above item be and the same hereby is received and filed. ADOPTED. NO. 100 J. GOLOMBEKSPECIAL POLICE INSURANCE (POL) ( #14,2/6) That the above item be and the same hereby is received and filed. ADOPTED. NO. 101 CERT. OF INSURANCE /SPEC. POLICE (LAW) ( #16,2/6) That the above item be and the same hereby is received and filed. ADOPTED. NO. 102 E. LAPLANTE- BUFFALO SPECIAL POLICE ( #55,4/3) That the above item be and the same hereby is received and filed. ADOPTED. NO. 103 FOOD STORE LICENSE -456 WILLIAM (ELL) (EDPI) (#35,3/6) That the above item be and the same hereby is received and filed. ADOPTED. NO. 104 B. DAVIS -W. VANCOTT -REQ. REMOVAL OF PKG. METERS ON S. ELMWOOD (#52,5/1) That the above item be and the same hereby is received and filed. ADOPTED. COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRMAN) NO. 105 RESULTS OF NEGOTIATIONS - 401 BUSTI (ITEM NO. 6, C.C.P., MAY 29, 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 the same and is hereby recommitted to the Committee on Community Development ADOPTED NO. 106 P. WOLF -M. CURRIE -BERC -LOAN ACTIVITY MARCH & APRIL 2007 (#61,5/29) That the above item be and the same hereby is received and filed. ADOPTED. NO. 107 M. BALDWIN -PUSH BFLO.- RESPONSE TO COUNCIL MBBA (HRG. 4/19) (#49,6/1) That the above item be and the same hereby is received and filed. ADOPTED. NO. 108 NYS ENV. REG- CONTAMINATE LEVELS FOR RESIDENTIAL CONTT. (S —AT. PLAN.) (#9,6/16) That the above item be and the same hereby is received and filed. ADOPTED. NO. 109 J. GOLOMBEK -L. COSTA - INTEREST IN MEM. AUDITORIUM ( #61,6/1 6) That the above item be and the same hereby is received and filed. ADOPTED. NO. 110 M. BALDWIN -D. BRINKWORTH -METRO RAIL EXTENSION( #48,6/1) That the above item be and the same hereby is received and filed. ADOPTED. RESOLUTIONS NO. 111 RE: ORDINANCE AMENDMENT CHAPTER 96, BONDS AND CONTRACTS The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 96 of the Code of the City of Buffalo be amended to read as follows: § 96 -13 (G)(1) Apprenticeship Training Program Pursuant to New York State Labor Law 816 -b, the City of Buffalo hereby requires all contractors and subcontractors entering into any construction contracts with the City of Buffalo, to have established apprenticeship agreements appropriate for the type and scope of work to be performed under the contract, that has been approved by the NYS Commissioner of Labor. Construction contracts shall mean any contract, which involves construction, reconstruction, improvement, rehabilitation, installation, alteration, renovation, demolition, or otherwise providing for any building, facility, or physical structure of any kind with a value in excess of $100,000. § 96 -13 (H) Workforce Development and Diversification Apprenticeship Training program Definitions: 'Worker Training Program" shall mean: a state registered apprenticeship program through New York State Department of Labor that includes the following sla d3 (a) An organized, written plan in place that embodies the terms and conditions of employment, and the training and supervision of one or more workers; and (b) A schedule of wages to be paid to the worker consistent with the skills required and approved by the New York State Department of Labor; and (OE" OWOI""&TEkeachwpm1 d (d) Workforce development and diversification goals ensuring that the contractor will work toward a minority workforce goal of 25 %, and women workforce goal of 5% combined in project personnel including trades people, trainees, journeymen, apprentices, and supervisory staff; and (e) A minimum often (10 %) percent of the workforce employed by any and all contractors and subcontractors be done by a person or persons participating in an apprenticeship program which has been registered with and approved by the New York State Commissioner of Labor in accordance with Article 23 of the NEW YORK LABOR LAW; and (f) Residency goals ensuring that the contractor will work toward a minimum of twenty -five (25 %) percent of the workforce to include qualified residents from the City of Buffalo. "Commissioner" shall mean the Commissioner of the City of Buffalo Department of Public Works. "Construction contract" shall mean any contract to which the City of Buffalo shall be a signatory, which involves the construction, reconstruction, improvement, rehabilitation, installation, alteration, renovation, demolition, or otherwise providing for any building, facility, roads, highways, bridges, or physical structure of any kind. "Construction subcontract' shall mean any subcontract between a contractor who has a construction contract with the City of Buffalo which involves the construction, reconstruction, improvement, rehabilitation, installation, alteration, renovation, demolition, or otherwise providing for any building, facility, roads, highways, bridges, or physical structure of any kind. "Contractor" or "subcontractor" shall mean a contractor or subcontractor that directly employs workers under a construction contract or construction subcontract, as defined herein, for which a worker - training program, registered through New York State Department of Labor is required. "Construction worker' shall mean an individual directly involved in the construction, reconstruction, improvement, rehabilitation, installation, alteration, renovation, demolition, or otherwise providing for any building, facility, roads, highways, bridges, or physical structure of any kind. (1) Requirements and Exceptions (a) Any contractor, prior to entering into a construction contract, as defined herein, with the City of Buffalo, or any subcontractor entering into a construction contract as defined herein, with a contractor who has a construction contract, as defined herein with the City of Buffalo, is required to have in place at the time of bid a NYS Department of Labor apprenticeship training program, as defined herein, either internally to the contractor or subcontractor and/or through an organization servicing several contractors or subcontractors, appropriate for the type and scope of work to be performed. (b) The Commissioner shall file reports on a quarterly basis with the Mayor of Buffalo and the Common Council as the training of workers and certification. (c) Any contractor with the City of Buffalo, or any subcontractor entering into a construction subcontract with a contractor who has a construction contract with the City of Buffalo, is required to ensure that the workforce which it engages to perform work in execution of the contract or subcontract meets the minimal workforce diversification standards as defined above, such contractors and /or shall provide the Commissioner or designated compliance officer with the following: (i) A monthly workforce census and such other employment and/or payroll records necessary to verify achievement of the workforce diversity goals and the demonstrate compliance with the minimum standards. (ii) Access and cooperation to the project compliance officer to review records on -site and /or at worksite premises to validate workforce participation. (iii) With bid submission, a statement committing to providing apprenticeship training opportunities to workers, as well as details of workforce diversification recruiting programs directed at attracting candidates to fill positions to meet such requirements. (2) Rules & Regulations The Commissioner of the City of Buffalo Department of Public Works is hereby authorized to promulgate such rules and regulations that are lawful, necessary and appropriate to implement, enforce, or otherwise carry out the purpose of this section. (3) Equal Employment Opportunity Oversight The Commissioner of Community Services and Recreational Programming for the City of Buffalo shall conduct oversight and review functions over apprenticeship training programs operated in accordance with the provisions of this section to ensure compliance with federal, state, and local laws and regulations concerning minority and women participation, and shall report to the Common Council annually concerning such compliance. (4) Penalties Violation of any provision of this section may constitute cause, grounds or other legal justification for termination of any contractual agreement with any contractor or subcontractor engaged in a construction contract or construction subcontract with the City of Buffalo, in accordance with city, county, and state laws, rules, and regulations governing the termination of such contractual agreements. (5) Severability If any clause, sentence, paragraph, subdivision, section or part of this section or the application thereof, to any person, individual, corporation, firm, partnership, entity or circumstance, shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional such order of judgement shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this section or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such judgement or order shall be rendered. [ (6) Expiration The Apprenticeship Training Program ordinance as contained in § 96 -13(G) and § 96 -13(H) of this chapter, and all enforcement thereof shall expire on July 1, 2007. The Common Council, by a majority vote, may extend this ordinance and its enforcement beyond the expiration date. ] NOTE: Matter underlined is new, matter in brackets is to bedeleted. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 112 SPONSOR MR. DAMS RE: HOME RULE MESSAGE SENATE BILL #5525, ASSEMBLY BILL #7817, "AN ACT RELATING TO CERTAIN BONDS ISSUED BY THE CITY OF BUFFALO FOR THE REHABILITATION AND RECONSTRUCTION OF VARIOUS STREETS, CURBS AND SIDEWALKS AND AUTHORIZING THE EXPENDITURE OF THE PROCEEDS FROM SUCH BONDS FOR SUCH OBJECTS OR PURPOSES." Whereas: A Bill has been introduced in the New York State Senate #5525, Assembly Bill #7817, the purpose of which is to correct an administrative error that occurred in a bond resolution adopted by the Buffalo Common Council on February 7, 2006 in the amount of $830,000; and Whereas: The intended purpose for the bond sale pursuant to the City's capital improvement plan was for the rehabilitation and reconstruction of various streets, curbs and sidewalks in City's Homeownership Zone; and Whereas: In error the bond resolution that was adopted stated the purpose of the bond was to finance the cost of the removal of dead or diseased trees; and Now Therefore Be It Resolved: That the Common Council of the City of Buffalo hereby goes on record in support Of Senate Bill #5525, Assembly Bill #7817, correcting an administrative error that occurred in a bond resolution previously adopted by the Buffalo Common Council; and Be It Further Resolved That: The City Clerk is hereby authorized and directed to forward Certified copies of this resolution to the Home Rule Counsel of the Senate and the Assembly; Assembly Speaker Sheldon Silver; Senate Majority Leader Joseph Bruno, and to members of the Western New York State Legislative delegation. ADOPTED NO. 113 BY BRIAN C. DAVIS REQ AMENDED PILOT INCREMENT FINANCING HEALTH NOW PROJECT WHEREAS, Duke HN New York, LLC has constructed a new 469,000 square foot, state of the art corporate headquarters facility, parking ramp, surface parking and ancillary facilities, for Health Now (Blue Cross and Blue Shield Provider for Western New York)(Project); and WHEREAS, Health Now considered over 70 sites to locate the Headquarters Facility; and WHEREAS:lheateria used by Heath Now in Lssle selection process and analyss included whether the site would support community growth and create economic stimulus for the area, accessibility to major roadway and transportation systems for its members, vendors and employees, visibility and expansion opportunities; and WHEREAS: considering the foregoing criteria, downtown Buffalo ranked highest amongst the alternative sites considered by Health Now; and WHEREAS: the Project cost is over $100,000,000; and WHEREAS, the lands upon which the facility was constructed were highly contaminated, abandoned and required significant environmental remediation prior to building corsIrucbon; and WHEREAS: bcaton oohs Project in dmmtmn Buffalowil resat in the retention of 1369 jobs in the City; and WHEREAS: the project eliminated a major blighting influence in downtown Buffalo and improved the environmental heath, safety and welfare of the residents of the City of Buffalo; and WHEREAS: in 2005 this Honorable Body granted PILOT Increment Financing wherein the Citywould receive, at a minimum, the amounts it would have received pursuant to a Standard ECIDA PILOT, and the City approved the application of excess PILOT payments to service a $14,000,000,15yeardebt; and WHEREAS; the PI LOT Increment Financing was anticipated to be funded through the use of Empire Zone benefits which would permit the redeveloper to make full as if owned PILOT payments and receive 100% reimbursement from New York State; and WHEREAS,therewasadmrge lithe EmpieZone Law, which atfected howoertah busriess e~� witch were certified during a specific period of tine, Mose operations are located in the Empire Zone and also subject to a Brownfield Site Cleanup Agreement, calculate the real property tax credit; and WHEREAS: duetothsdiange in the State Law, the Pr*ctwas unableto obtain the 100% reimbursement of properly taxes utilizing the Empire Zone real property tax credit; and WHEREAS: Your Honorable Body is hereby requested to approve an amended PILOT Inaement Financing which utilizes the Brownfield Cleanup Real Properlytax credits, wherein the would continue to receive the full amount that it would be entitled to receive pursuant to a standard ECIDA PILOT; NOW, THEREFORE, IT IS RESOLVED, that this project serves the public interest by remediating and redeveloping a blighting parcel in the downtown core; increasing properly values and retaining over 1 000 jobs in the City of Buffalo; and it is further RESOLVED; that contingent upon Duke HN New York LLC waiving the benefits available pursuant to Sec: 485 —e of the Real Properly Tax Law, and contingent upon the City of Buffalo receiving, at a minimum, the amounts it would have received pursuant to a standard ECIDA PI LOT, this Body authorizes the Mayor or the Executive Director of the Office of Strategic Planning to enter rkoaPILOTAppicafionAgeemert and any other agsernentsas necessaryv&ft Erie Counlylndustrial DevdopmentPgency, toaIcwfortheCtyto be paidtheamout two ld have received pursuant to a standard ECIDA PILOT and for the allocation of payments received by ECIDA, in excess of the standard ECIDA PILOT, to be directed to the Redeveloper for the Project. PASSED AYES - 9 NOES -0 BY: MR. DAVIS NO. 114 TRANSFER OF FUNDS TOWING & STORAGE - CAPITAL OUTLAY LOCAL MATCH RESERVE That pursuant to §20-12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $1,200,000 be and the same is hereby transferred from Towing & Storage - Capital Outlay and said sum is hereby reappropriated as set Path below. From: Towing & Storage 11412007 - 473020 Structure and Equipment Improvement $1,200,000 To: 1 7523008 - 489130 Transfer out to Capital Project $1,200,000 From: 17523008 - 489130 Transfer out to Capital Project 1,200,000 To: Local Match Reserve 1,200,000 PASSED AYES - 9 NOES -0 NO. 115 BY:_MR. DAVIS TRANSFER OF FUNDS FIRE DEPARTMENT That pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $102,000 be and the same is hereby transferred within the Fire Department and said sum is hereby reappropriated assetforth below: From: Fire Department - Firefighting Services $102,000 12132001 -413001 Overtime To: Fire Department - Fleet Maintenance 12136006- 443302 Vehicle Drivetrain Repairs $44,550 12136006- 443303 Vehicle Body Repairs $57,450 PASSED AYES - 9 NOES -0 NO. 116 BY: MR. DAVIS TRANSFER OF FUNDS PERMITS & INSPECTIONS - CAPITAL OUTLAY NEW YORK RESTORE That pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $308,416 be and the same is hereby transferred from Permits & Inspections - Capital Outlay and said sum is hereby reappropriated as set forth below: From: Permits & Inspections 1 6550007 - 471 01 0 Land Improvement $308,416 To: 17523008 - 489130 Transfer out to Capital Project $308,416 From 17523008 - 489130 Transfer out to Capital Project $308,416 To: Restore New York 36770806- 445100 Demolitions $308,416 REFERRED TO THE COMMITTEE ON FINANCE NO. 117 BY: MR. DAVIS TRANSFER OF FUNDS COMMON COUNCIL - LEGISLATIVE That pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $773.51 be and the same is hereby transferred within the Common Council and said sum is hereby reappropriated assetfoth below: From: Common Council - Councilmember 8 10109004 - 458001 Transportation$552.50 1 01 09004 - 458002 Meals & Lodging $221.01 To Common Council - Legislative 10102001 - 412002 Hourly Salary $773.51 AYES - 9 NOES -0 NO. 118 BY: MR. DAVIS TRANSFER OF FUNDS STRATEGIC PLANNING ENGINEERING That pursuant to §20-12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $75,000 be and the same is hereby transferred from Strategic Planning and said sum is hereby reappropriated as set forth below: From: Strategic Planning -Other Contractual Services $75,000 10309006480000 Ta Public Works- Engineering -Road Repairs $75,000 13112006-443100 PASSED AYES - 9 NOES -0 NO. 119 BY: MR. DAVIS TRANSFER OF FUNDS OFFICE OF STRATEGIC PLANNING That pursuant to §20-12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $40,000 be and the same is hereby transferred from Strategic Planning and said sum is hereby reappropriated asset forth below. From: Office of Strategic Planning 10309006 - 480000 Other Services $40,000 To- Community Services - NYS Youth Commission Program 15513006 - 434000 Other Contractual Services $40,000 PASSED AYES - 9 NOES -0 NO. 120 BY MR. DAVIS: DISCHARGE FINANCE COMMITTEE "PERM TO HIRE ENG CONSULTANT ROADWAY CONSTRSYCAMORE VILLAGE SUBDIVISION" (ITEM #21, C.C.P. MAY 29, 2007) Whereas: The above item is currently in the Finance Committee; and It is no longer necessary for this item to be considered by that committee; Now, Therefore Be it Resolved: That this Common Council does hereby discharge th Finance Committee from further consideration of " Perm to Hire Eng Consultant Roadway Constr- Sycamore Village Subdivision" (Item #21, C.C.P. May 29, 2007) and said item is now before the Common Council for its consideration. ADOPTED NO. 121 BY MR. FONTANA, MR SMITH [REQUEST TO APPROVE EAST DELAVAN NEIGHBORHOOD PLAN WHEREAS, The City of Buffalo's Comprehensive Plan was adopted by the City of Buffalo Common Council, on February 6, 2006; and WHEREAS, The members of the East Delavan Good Neighbors' Planning Alliance has mobilized ongoing citizen participation efforts and authored a document over the course of three years that is now complete; and WHEREAS, The Awards Selection Committees of the American Planning Association, WNY Section and Upstate NY Chapter, have made unanimous decisions to award this document the 2006 Public Education and 2006 Innovation in Neighborhood Planning Awards; and WHEREAS, the Office of Strategic Planning and the City of Buffalo Planning Board has reviewed and found the plan to be consistent with sound long range planning principles. The Buffalo Planning Board has unanimously approved the document and has recommended it for adoption by the Common Council. NOW, THEREFORE, BE IT RESOLVED, by the City of Buffalo Common Council: 1) That the East Delavan Community (bounded by the 133 to the north and west the town of Cheektowaga to the east and Walden and Broadway to the south) has authored a neighborhood plan that meets our standards for inclusion in the City of Buffalo's Comprehensive Plan; and 2) That the document is approved as part of the City's Comprehensive Plan. Passed AYES -9 NOES -0 NO. 122 Resolution Sponsor: Mr. Fontana, Mr. Bonifacio Providing Seasonal Employees With Proper Equipment Whereas: Full time City employees in the Streets and Sanitation Departments receive an equipment allowance for the purchase of protective equipment and clothing; and Whereas: Seasonal employees do not receive an allowance for the purchase of protective equipment and clothing; and Whereas: Ensuring the safety of all City employees whether full time or seasonal is very important; and Whereas: A stipend or some other mechanism needs to be established to ensure that seasonal workers have protective equipment and clothing; and Now Therefore Be It Resolved That this item is referred to the Commissioner of Public Works, and the Commissioner of Human Resources to obtain their comments. Be It Further Resolved That this item is referred to an appropriate Committee of the Common Council for further discussion. REFERRED TO THE COMMITTEE ON FINANCE, COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS, ADMINISTRATION AND FINANCE AND THE COMMISSIONER OF HUMAN RESOURCES NO. 123 SUBJECT: REQUEST FOR APPROVAL OF LAND DISPOSITION AGREEMENT AND FOR TRANSFER OF TWENTY -THREE VACANT PARCELS TO HOMEFRONT, INC, FOR THE SYCAMORE VILLAGE PROJECT (Hrg 6/26) MR. DAVIS WHEREAS, the Buffalo Urban Renewal Agency has duly designated Homefront, Inc. and /or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2(d) of the "General Municipal Law' and WHEREAS, the proposed Land Disposition Agreement has been duly submitted to this Common Council by the Buffalo Urban Renewal Agency; and NOW, THEREFORE, BE IT RESOLVED: 1 .Homefront, Inc. and/or other legal entity to be formed was duly designated as qualified and eligible Redeveloper bythe Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper of the Sycamore Village Project. 2. That the Mayor, the Chairman, Vice- Chairman, or any officer of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other documents necessary to convey land described in the proposed "Land Disposition Agreement' to Homefront, Inc. and/or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein. REFERRED TO THE COMMITTEE O COMMUNITY DEVELOPMENT COUNCILMEMBER DAVIS NO. 124 [ SET PUBLIC HEARING APPROVAL OF CONTRACT FOR SALE OF L/NDP1\D1 R:CMT0BRA70 HOMEFRONT, INC.. - REDEVELOPER WHEREAS, Homefront, Inc.. and/or other legal entity to be formed (herein referred to as the "Redeveloper') has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency, and WHEREAS, the City of Buffalo Urban Renewal Agency and the Redeveloper have negotiated a Land Disposition Agreement for the transfer of 23 vacant BU RA owned parcels for the Sycamore Village Project, WHEREAS, the terms of said Land Disposition Agreement have been approved by the City of Buffalo Urban Renewal Agency; and WHEREAS, said Land Disposition Agreement has been forwarded by the City of Buffalo Urban Renewal Agency to this Common Council for action, pursuant to section 507, subdivision 2 of the General Municipal Law; and WHEREAS, Section 507(2) of the "General Municipal Law' requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the15th day of June, 2007. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the 261" of June, 2007 ADOPTED NO. 126 Resolution Sponsor: Mr. Golombek, Mr Kearns and Mr Davis Problems With BFI Recycling Pickups Whereas: The City of Buffalo has a five year contract with BFI for weekly curb side pickup of recyclable materials; and Whereas: The current BFI recycling contract expires on June 30, 2007; and Whereas: City residents have frequently complained about BFI missing scheduled recycling pickups, which frustrates and discourages City residents from recycling; and Whereas: According to records from Citizen Services from 6/1/06 to 5/31/07 2,435 calls were received by the Mayor's Call and Resolution Center, regarding recycling, with the vast majority of these calls concern missed recycling pick ups; and Whereas: Recycling is important for the environment and for fiscal reasons as well, as the more people recycle the less the City pays for garbage and landfill expenses; and Whereas: At a recent Buffalo CitiStat meeting David Comerford, General Manager of the Sewer Authority pointed out that the Sewer Authority is saving $1 million a year by using City workers for various jobs instead of private contractors. Sewer workers are performing tasks once handled by private contractors at cheaper costs and more efiae*,and Whereas: Given the number of complaints regarding BFI's performance in picking up recyclable materials, perhaps now is the time to explore having City workers pick up regclablemataialsaid Now Therefore Be It Resolved That copies of this Resolution be forwarded to BFI, the Commissioner of Public Works, the Mayor, Deputy Mayor and the Corporation Counsel for their comments. Be It Further Resolved That this item is referred to an appropriate Committee of the Council for further discussion and deliberation. ADOPTED 1 Resolve Remainder Referred to the committee on finance No. 126 By: Mr. Golombek Re: Ordinance Amendment Chapter 176, Fees The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 175 of the Code of the City of Buffalo be amended to read as follows: § 175 -1. Enumeration of fees. The following schedule of fees is hereby established with respect to licenses, permits and activities required or regulated trader the provisions of various chapters of the Code of the City of Buffalo. Applications for and the issuance of such licenses and permits shall be subject to the provisions of the specific chapter of the Code which is indicated for each type of license or permit. The business, activity or operation for which the license or permit is required shall be subject to all regulations set forth in the chapter to which reference is made. These fees may be adopted or revised by the Common Council from time to time. Code Chapter.... Section, Type of Application, Pemrtorl-ioense Fee Chapter 437, Taxicabs [and] — Liveries and Sight- seeing Buses § 437 -8, transfer and registration Transfer of license $21.00 Registration of persons desiring taxicab or livery license, $5.25 annually § 437 -12, licenses Taxicab license, for each vehicle $78.75 Taxicab driver's license, including identification card $15.75 Livery license $52.50 Livery drivers license, including identification card $15.75 Sight- seeing Bus license, for each bus $105.00 Sight- seeing Bus driver's license, including identification card $15.75 Duplicate identification card $1.00 It is hereby certified pursuant to Section 3 -19 of the Charter of the City of Buffalo, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM NOTE: Matter underlined is new, matter in brackets is to be deleted PASSED AYES — 9 NOES — 0 By: Mr. Golombek NO. 127 Re: Ordinance Amendment Chapter 437, Taxicabs and Liveries The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 437 of the Code of the City of Buffalo be amended to read as follows: Chapter 437, TAXICABS— [AND] LIVERIES AND SIGHTSEEING BUSES § 437 -1. Findings and limitation on number of taxicab licenses. A. It is hereby found and declared that the taxicab business in the City of Buffalo provides an important part of the transportation facilities of said City and the service rendered by said business is a matter of public concern and interest. B. A study and survey of the business points to the conclusion that the public cannot properly be served and the business itself cannot operate in an orderly and appropriate manner without regulation of the business and the limitation by the City of the number of taxicabs using the streets. C. Taxicabs now in use and licensed are operated principally by fleet owners and by owners of single or comparatively few taxicabs. To preserve an equitable ratio of taxicabs operated by the two classes of owners and to prevent a monopoly of the business by a limited number of owners, the number of licenses which may be issued is hereby fixed as fdlows: max imum total fleet available is300taxicabs. D. If a fleet operator sells any of his licensed taxicabs to an individual operator, the number of licensed taxicabs assigned hereinbefore to fleet operators shall be deemed reduced accordingly and the number of licensed taxicabs hereinbefore assigned to individual operators shall be increased accordingly. However, no such sale shall be permitted unless such sale is recommended by the Commissioner of Permit and Inspection Services and approved bythe Common Council. § 437 -2. Findings and limitation on number of livery licenses. A. It is hereby found and declared that the livery business in the City of Buffalo provides an important part of the transportation facilities of said City and the service rendered by said business is a matter of public concern and interest. B. Months of discussions, public hearings and investigation lead to the conclusion that the operation of liveries must be regulated to protect the interests of the public. To enable both livery and taxicab businesses to operate in an orderly manner, there must be a limitation by the City of the number of livery cars using the City streets. The number of livery licenses in effect at any one time shall not exceed 300. Liveries are principally owned by fleet owners and by owners of single or comparatively few livery cars. To maintain an equitable ratio of liveries operated by the two classes of owners and to prevent a monopoly of the business by a limited number of owners, the number of licenses which may be issued is hereby fixed as follows: maximum total fleet available is 300 taxicabs. If a fleet operator sells any of his licensed liveries to an individual operator, the number of licensed liveries assigned hereinbefore to fleet operators shall be deemed reduced accordingly and the number of licensed liveries hereinbefore assigned to individual operators shall be increased accordingly. However, no such sale shall be permitted unless such sale is recommended by the Commissioner of Permit and Inspection Services and approved by the Common Council. § 4373. Definitions. As used in this chapter, the following terms shall have the meanings indicated: COMMISSIONER -- The Commissioner of Police of the City of Buffalo. EN DISPATCHER -- An individual or individuals who operate pursuant to federal law governing communications on two -way radios and dispatch various liveries and /or taxicabs to locations pursuant to requests by potential passengers. DRIVER -- A person licensed to drive a taxicab or livery in the City of Buffalo. FLEET OPERATOR -- A person, firm or corporation owning and operating five or more taxicabs or liveries. INDIVIDUAL OPERATOR -- A person, firm or corporation owning and operating fewer than five taxicabs or liveries. LIVERY -- A passenger automobile with an interior seating capacity for seven or fewer passengers which transports fares for hire. However, a livery service shall not secure business by cruising the streets or by soliciting fares in public places. A "livery" may have the word "livery" and the name of the owner or company on the vehicle. A "liveiy'shall not, however, have placed upon it a dome light or other lights located on the roof of the vehicle or the words "taxi," "taxicab" or words of similar import or any other distinctive or unusual equipment, device, design, color, numbers or lettering liable to deceive the public that such a vehicle is a taxicab. OWNER — Includes any person, firm, corporation or association owning and operating one or more taxicabs or liveries. OWNER DRIVER -- A person who owns a taxicab or livery and drives his own vehicle exclusively. PERSON — Includes individuals, firms and corporations. SIGHT - SEEING BUS -A motor vehicle used to provide a guide service or tour which seats eight U or more passengers, operating for hire by an individual or group at a fixed price on a fixed route in the City of Buffalo to n place or places of interest within the City of Buffalo SIGHT - SEEING DRIVER- An individual whose function is to drive a Sight- seeing Bus as herein defined within Chapter 437 for the purpose of providing a guide service or tour. TAXICAB -- A passenger automobile with a seating capacity in the interior thereof for seven orfewer passengers, operated forthe purpose oftransporting personsfor hire from points of origin within the City of Buffalo which either: cruises the streets of the City of Buffalo forthe purpose of securing passengers; or receives calls from individuals or from dispatchers for the purpose of transporting passengers for hire; or is parked in a space as provided for in § 437 -19 of this chapter. TAXIMETER -- A mechanical instrument or device by which the charge for hire of a taxicab or livery may be mechanically calculated either for the distance traveled or waiting time, or both, and upon which such charge is indicated by means of figures. § 437 -4. License required. No person shall use any motor vehicle in the conduct of a taxicab or livery business unless a license therefore issued by the Commissioner of Permit and Inspection Services is in full force and effect. 437 -4.1. No person shall use any motor vehicle in the conduct of a sight- seeing service unless a license therefore issued by the Commissioner of Permit & Inspection Services is in full force and effect. § 4375. Taximeter required. No taxicab or livery shall be licensed unless the same is equipped with a taximeter of approved design and in good working order. § 4375. License application and issuance; conditions. A. Application for a taxicab or livery license shall be made to the Commissioner of Permit and Inspection Services by the owner, in writing, duly sworn to, upon forms to be furnished by the Commissioner of Permit and Inspection Services, and shall show the owner's name and address, the motor number and make of the vehicle, the year manufactured, the New York State license number attached thereto, the size of the tires used and the make, type and number or other descriptive designation of the taximeter, together with an accurate and complete statement of the color of said taxicab or livery and, if more than one color, a description of the color design thereof. An application for a livery license shall indicate if said vehicle operates through a dispatcher and, if so, the identification of said dispatcher service. The Commissioner of Permit and Inspection Services may require such further information as he deems necessary. B. The Commissioner of Permit and Inspection Services shall cause the motor vehicle described in the application to be inspected and the taximeter attached thereto to be tested. If the motor vehicle is found to be clean and in proper condition for the safe transportation of passengers and the taximeter attached thereto, upon test, is found to register correctly, the Commissioner of Permit and Inspection Services shall issue a license for such vehicle, and the taximeter attached thereto shall be sealed. The owner of any licensed taxicab or livery shall securely affix to such licensed taxicab or livery on the outside thereof at the rear of the vehicle, in a conspicuous place, a metal plate, showing the number assigned to such taxicab or livery. The licensing of such vehicle should be subject, however, to the following conditions: (1) If it shall appear that the color design stated in the application for the license of any taxicab or livery, if said taxicab or livery is of more than one color, or if it appears at any time, upon inspection of any taxicab or livery, that the color design thereof is so similar to the color design of other taxicabs or liveries as to be liable to deceive the public, then the Commissioner of Permit and Inspection Services is authorized to withhold a license to said applicant or to revoke or suspend the license thereof until the color design of said taxicab or livery has been changed or altered so as not to resemble the color design of any other taxicab or livery operated under separate ownership and so as not to deceive the public. Any applicant for a license for a taxicab or livery of more than one color shall be entitled to use the color design thereof, provided that such applicant establishes to the satisfaction of the Commissioner of Permit and Inspection Services that such applicant was using said color design upon his taxicab or livery at the time of the enactment of this chapter and was the first to continuously use said design in the City of Buffalo or, in case of a new design, that the same is not being used by any taxicab or livery owner. After being licensed, no color design of any taxicab or livery shall be changed without the written approval of the Commissioner of Permit and Inspection Services. (2) An owner who drives his aNm cab or livery exclusively may Pace the words "owner driver" on the outside of the front doors thereof immediately below the windows in letters contrasting strongly with the color of the vehicle, not less than two inches high. However, taxicabs or liveries so marked must be operated by no one other than the licensed owner, under penalty of having the license suspended or revoked. (3) No person shall drive or operate upon the streets of the City any passenger automobile with a seating capacity in the interior thereof for seven or fewer passengers and registered as an omnibus by the State of New York, while such vehicle has a taximeter or unusual or distinctive equipment, device, design, color, numbers or lettering liable to deceive the public that such vehicle is a licensed taxicab or livery as above provided, unless such vehicle is duly licensed under this section. A livery shall not have a dome light or other lights located on the roof of the vehicle or the words "taxi," "taxicab" or words of similar import on the vehicle. (4) The mileage rates fixed by this chapter shall be displayed on each taxicab and livery so as to be readily visible to passengers entering the vehicle. The rates shall be painted in a contrasting color on both rear doors of all licensed taxicabs and liveries in letters and figures which shall be not less than 3/8 of an inch in height. (5) A taxicab or livery may have illuminated advertising billboards, placards or similar devices, no larger than 18 inches high by four feet six inches long, attached securely to the roof or trunk of the vehicle, not to exceed the length or width of such roof ortrunk Theadvertising displayed upon livery vehicles shallnotincludethe words "tad' or "taxicab" or words of similar import. (6) Effective May 1,2007, the maximum allowable vehicle age in order to obtain a taxicab and /or livery vehicle license shall be fifteen model -year age from the most current licensing year. (7) Effective May 1, 2008, the maximum allowable vehicle age in order to obtain a taxicab and/or livery vehicle license shall be twelve model -year age from the most current licensing year. (8) Effective May 1, 2009, the maximum allowable vehicle age in order to obtain a taxicab and/or livery vehicle license shall be ten model -year age from the most current licensing year. C. No person shall be entitled to or receive a license for a taxicab or livery by reason of having been previously convicted of one or more criminal offenses, or by reason of a finding of lack of good moral character when such reason is based upon the fact that the applicant has previously been convicted of one or more criminal offenses, unless: (a) there is a direct relationship between one or more of the previous criminal offenses and the personal transportation for hire industry; or (b) the issuance of the license would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public. D. Application for a sight- seeing bus license shall be made to the Commissioner of Permit and Inspection Services by the owner, in writing, duly sworn to, upon forms to be furnished by the Commissioner of Permit and Inspection Services, and shall show the owner's name and address, the motor number and make of the vehicle, the year manufactured, the New York State license number attached thereto. The Commissioner of Permit and Inspection Services may require such further information as he deems necessary^-. (1) The owner of any licensed sight- seeing bus shall securely affix to such licensed sight- seeing bus on the outside thereof at the rear of the vehicle, in a conspicuous place, a metal plate, showing the number assigned to such sight- seeing bus. § 437 -7. Partitions. The City of Buffalo recognizes the value of partitions placed between the front and rear seats of taxicabs and liveries for hire and encourages the use of the same. In the event that said partitions are used within the City, the following rules regarding construction, design and placement shall control: A. Said partition shall be framed totally with metal, which frame shall be firmly secured to the center post on each side of the vehicle so that not more than two inches of space remains between the center post and frame nor more than two inches between the frame and the roof. In addition to the above, the space between the seat and center post, extending from the top of the seat to the floor on the driver's side of the vehicle, is to be covered by a shatterproof substance in such a fashion as to prevent a passenger from reaching the driver of said taxicab or livery. B. Said partition shall be constructed of an optically clear, shatterproof substance and designed in a way which will afford the driver complete rearview vision. C. Said partition shall also be so designed so that the driver can collect fares without leaving the vehicle. D. Said partition shall also be installed so as not to cause any added reflections. E. All edges or parts of said partition are to be smooth to afford maximum safeguards to passengers. § 437 -8. Renewal and surrender of license. A. The holder of a taxicab or livery license shall be permitted to renew the same annually, provided that all ordinance provisions relating thereto are complied with and the application for such renewal is filed with the Commissioner of Permit and Inspection Services not later than May 1 of each year. The motor vehicle to be used must be presented for inspection as provided in § 437 -7 of this chapter. If the application for renewal is not made within said time, the holder will be deemed to have abandoned said license, and a license in place thereof may be issued to another applicant as hereinafter provided. B. The holder of a taxicab or livery license may voluntarily surrender the same to the Commissioner of Permit and Inspection Services at anytime. C. If a taxicab or livery license issued to a fleet operator is abandoned or surrendered by the holder or revoked by the Commissioner of Permit and Inspection Services, a license in place thereof may be issued only to a fleet operator, except as hereinafter provided; and, similarly, if a taxicab or livery license issued to an individual operator is abandoned or surrendered by the holder or revoked by the Director of Licenses and Permits, a license in place thereof may be issued only to an individual operator whose total taxicab or livery licenses will not be increased to more than four thereby or to a new applicant who will be an individual operator. D. In case of the disuse for a taxicab or livery purposes of any licensed taxicab or livery, the holder of the license may have the same transferred to another vehicle with the approval of the Commissioner of Permit and Inspection Services and the payment of a transfer fee as provided in Chapter 175, Fees. E. A fleet operator, any of whose taxicab or livery licenses are abandoned, surrendered or revoked so that the number of his licenses remaining in force are less than five in number, shall thereupon become an individual operator. Any person not now holding a taxicab or livery license desiring to secure a license may annually register his name for such purpose with the Commissioner of Permit and Inspection Services upon payment of a registration fee as provided in Chapter 175, Fees. F. A taxicab or livery license maybe issued to the applicants so registered in the order of registration in place of any license which is abandoned, surrendered or revoked; and in case two or more such persons were registered on the same day, such licenses shall be awarded to them by lot; provided, however, that the total number of taxicab or livery licenses held by fleet operators shall not be increased by such award. In case of the sale of a licensed taxicab or livery, the license therefore may be transferred to the new owner if he complies with all ordinance requirements and the number of taxicab or livery licenses held by fleet operators is not increased thereby. G. The holder of a taxicab or livery license shall be permitted to renew the same annually, provided that all ordinance provisions relating thereto are complied with and the application for such renewal is filed with the Commissioner of Permit and Inspection Services not later than May 1 of each year. § 437 -9. Driver's license; record of trips; identification on cards. A. Any person who desires to act as a driver of a taxicab or livery shall make written application to the Commissioner of Permit and Inspection Services for a taxicab or livery driver's license, furnishing in such application the information required by the Commissioner of Permit and Inspection Services, including but not limited to the person's correct address, phone number and proof of motor vehicle liability insurance coverage currently in effect and in the amounts prescribed by New York State for omnibus vehicles. Any change in the information provided must be reported to the Commissioner of Permit and Inspection Services within 10 days afterthe change occurs. Any person applying for a taxicab or livery driver's license must hold a valid chauffeur's license issued by the State of New York and must reside within the County of Erie. The Commissioner of Permit and Inspection Services shall issue to each licensed taxicab or livery driver a badge showing the number assigned to such driver; and the badge, conspicuously displayed, shall be worn by such driver at all times when on duty. Such badge shall remain the property of the City of Buffalo and shall be surrendered upon the expiration or revocation of the driver's license. B. Each driver's license shall provide a space wherein the Department of Police shall enter a record of all accidents of any nature and retain a record thereof. Such record shall be given consideration in relation to the renewal, suspension or revocation of the driver's license. The erasure or obliteration of any official entry relating to accidents made upon a driver's license shall be sufficient cause for suspension or revocation of such license. C. It shall be the duty of each driver to keep a record, upon forms approved by the Commissioner of Permit and Inspection Services, of all trips made and to file the same with the owner of the taxicab or livery, and such record shall be preserved for at least 60 days D. At the time of the issuance of the driver's license herein provided for, the Commissioner of Permit and Inspection Services shall issue to each licensed driver an identification card containing the driver's license number and his name and address and shall provide space for a small photograph of said licensed driver. Said driver shall provide the Commissioner of Permit and Inspection Services with two copies of said small photograph, one to be affixed to said identification card. Said identification card shall be carried in a suitable frame furnished by the City through the Department of Permit and Inspection Services and shall be hung in the passenger compartment in the rear of the taxicab or livery, together with a card showing the rates of fare, at all times while said driver is on duty. Said identification card and rate card shall be visible to any passenger riding in said vehicle, shall be so placed as to be readable by any passenger and shall have light shining on the same at night. The kind and size of said cards, the writing thereon and the placing and illumination of said cards shall be approved by the Commissionerof Permit and InspafionSte. E. Any person who desires to act as a driver of a sight- seeing bus shall make written application to the Commissioner of Permit and Inspection Services for a sight- seeing bus driver's license, furnishing in such application the information required by the Commissioner of Permit and Inspection Services, including but not limited to the person's correct address, phone number and proof of motor vehicle liability insurance coverage currently in effect and in the amounts prescribed by New York State for omnibus vehicles. Any change in the information provided must be reported to the Commissioner of Permit and Inspection Serviceswithin 10 dais afterthe change occurs. Any person applying for a sight- seeing bus driver's license must hold a valid chauffeur's license issued by the State of New York and must reside within the County of Erie. The Commissioner of Permit and Inspection Services shall issue to each licensed sight- seeing bus driver a badge showing the number assigned to such driver; and the badge, conspicuously displaced, shall be worn by such driver at all times when on duty. Such badge shall remain the property ofthe City of Buffalo and shall be surrendered upon the expiration or revocation of the driver's license. F. At the time of the issuance of the driver's license herein provided for, the Commissioner of Permit and Inspection Services shall issue to each licensed driver an identification card containing the driver's license number and his name and address and shall provide space for a small photograph of said licensed driver. Said driver shall provide the Commissioner of Permit and Inspection Services with two copies of said small photograph, one to be affixed to said identification card. Said identification card shall be carried in a suitable frame furnished by the City through the Department of Permit and Inspection Services and shall be hung in the passenger compartment in the rear of the sight- seeing bus, together with a card showing the fixed rates of fare, at all times while said driver is on duty. Said identification card and fixed rate card shall be visible to an, /passenger riding in said vehicle, shall be so placed as to be readable by any passenger. The kind and size of said cards, the writing thereon and the placing and illumination of said cards shall be approved by the Commissioner of Permit and Inspection Services. § 437 -10. Transferability of licenses. No taxicab [or] a livery or sight - seeing driver's license shall be assigned from one person to another. Notaxicab [or] a livery sight- seeing bus license shall be assigned from one person to another, and no plate attached to a taxicab [or] a livery or sight- seeing bus by the Commissioner of Permit and Inspection Services shall be transferred from one vehicle to another except as otherwise herein permitted. § 437 -11. Revocation and suspension of license. Any license issued by the Commissioner of Permit and Inspection Services may be revoked or suspended by him for cause. § 437 -12. Fees. A. The fee for a taxicab license and for a taxicab driver's license, including identification card, shall be as provided in Chapter 175, Fees. The fee for a livery license and for a livery drivers license, including identification card, shall be as provided in Chapter 175, Fees. The fee for a sight- seeing bus license and for a sight- seeing bus driver's license, including identification card, shall be as provided in Chapter 175, Fees. Each such license shall expire on the first day of May annually. B. There shall also be paid to the City at the office of the Commissioner of Permit and Inspection Services, upon the issuance of a duplicate identification card to replace a lost, stolen, destroyed or misplaced card, the sum as provided in Chapter 175, Fees. C. All fees and moneys received by the Commissioner of Permit and Inspection Services shall betransmitted to the office of the Director of the Treasury of the City for deposit therein in accordance with regulations established by the Comptroller. §437- 1aTmTieter. A. No person shall use orpermitto be used on anytaxicab orlivery ataximeter which shall be in such condition as to be more than 5% incorrect to the prejudice of a passenger. No taximeter affixed to any taxicab or livery shall be operated from either rear wheel of such vehicle. Between sunset and sunrise, the face of every taximeter shall be illuminated by a suitable light so arranged so as to throw a continuous steady light thereon and renderthe figures on such taximeter readily discernible by any passenger. No person shall use or permit to be used a taximeter on which the seal placed by the Director of Licenses and Permits has been broken nor unless its cover and gears are intact. B. It shall be unlawful to change the size of the front wheels or tires of a taxicab or livery or the gears operating the taximeter or to change said instrument from one vehicle to another without a reinspection and approval of the Commissioner of Permit and Inspection Services. § 437 -14 Rates and charges. [Last amended 7 -11 -2006, effective 7 -25 -2006] A. No person shall charge a greater sum for the use of a taxicab or livery than in accordance with the following rates: 0 )Hourly rates: $24 per hour for one or more passengers. (2) Mileage rates: $2.30 for the first 1/6 mile or less; $0.40 for each additional 1/6 mile or less; $0.40 for each one minute of waiting time, including time lost in traffic delays. (3) Hand baggage: fee. (4) Trunks: $1 each. (5) Large boxes: $1 each. B. No additional or extra charge shall be made for carrying more than one passenger, but all passengers up to the seating capacity of the vehicle shall be carded for the same fare as that above prescribed for one passenger. C. Upon demand, the driver of a taxicab or livery shall furnish to the passenger a receipt for the fare paid, showing the name and badge number of the driver. D. All disputes as to the lawful rate of fare shall be determined by the police officer in charge of the police station nearest to the place where the dispute arises or occurs; and a failure to comply with such determination, provided that it be in accordance with the rate herein fixed, shall be a violation of this chapter. E. The rate charged in the City of Buffalo shall be subject to review and renewal by the Common Council after a period of one year from the effective date of such rate change. During that one -year period, taxicab and livery service providers shall work with the Common Council on improving the quality of service in the City of Buffalo. The amount of improvement and extent of cooperation by the taxicab and livery service providers may be considered in the decision to renew the rate for an additional period of time. F. The rate of fare for any sight- seeing bus (including all charges) for each fixed route of said sight- seeing bus shall be on file with the Office of Licenses and shall be clear* displayed within each sight- seeing bus. § 437 -15. Reduced rates for senior citizens. Upon producing certification issued by the Mayor's office as to senior citizen status, persons shall be entitled to a ten - percent reduction in the amount of the fare. § 437 -16. Excess rates prohibited. No person shall charge, for taxicab or livery service, rates higher than the rates permitted by § 437 -14; any person who charges greater rates than the rates so filed for taxicab or livery service in vehicles to which such advertised rates apply shall be guilty of a violation of this chapter. § 437 -17. Rates to be displayed. A card indicating rates allowed to be charged by this chapter, printed in English, shall befumished bythe Commissioner of Permit and Inspection Services and displayed in each taxicab or livery. Such cards, before being used, shall be approved, as to design and size of type used, by the Commissioner of Permit and Inspection Services. § 437 -18. Solicitation of passengers. No taxicab driver shall solicit passengers on any street or taxicab stand at a greater distance than 20 feet from histaxicab. It is hereby certified pursuant to 3 -19 of the City Charter that the immediate passage of this Ordinance is necessary. APPROVED AS TO FORM NOTE: Matter underlined is new, matter in brackets is to be deleted. PASSED AYES -9 NOES 0 NO 128 RESOLUTION By: Mr. Kearns Grant Permission to the Seneca Street Car Show Association to Hang Banner on Seneca Street Whereas: The Seneca Street Car Show Association will be holding their first annual South Buffalo Car Show on August 12, 2007; and Whereas: The car show will take place along Seneca Street and will feature classic and antique cars, as well as music, raffles, and other activities for all to enjoy; and Whereas: In order to promote this special event, representatives from the Seneca Street Car Show Association are seeking permission to hang an informational banner across Seneca St., at light pole number 2131 and 2136, from June 28, 2007 through August 12, 2E7grd Whereas: The City of Buffalo proudly supports the Seneca Street Car Show Association and their efforts to promote Seneca Street and the South Buffalo community; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo grants permission to the Seneca Street Car Show Association to hang an informational banner across Seneca Street to promote the Seneca Street Car Show; and Be It Further Resolved: That the banner will hang across Seneca Street, at light pole number 2131 and 2136, from June 28, 2007 through August 12, 2007; and Be It Finally Resolved: That said banners must meet all the requirements of pertinent city departments and that no existing laws are violated. PASSED AYES -0NOES-0 Sponsor: Michael J. LoCurto ALL MEMBERS Urging the New York State Legislature to adopt S.B. 5425/A.B. 7935 amending the tax law to provide a tax credit for rehabilitation of historic properties. The Common Council requests the New York State Legislature to enact S.B. 5425/A.B. 7935 to improve the NYS Rehabilitation Tax Credit to better serve municipal redevelopment and economic development goals in %NYakSWard NaNYcrkSfatebea methe28 h state in the nation to enact a tax incentive to encourage the rehabilitation of historic commercial and residential properties; and The establishment ofthis program was weloomed, but enhanoements are required to assure that this program will match the notable economic impacts and community redevelopment of such programs in otherstates; and The lecjdabon would amend sedion 606 oftheta dawto increasethe percent ofqualified rehabLetion ooststhat can be da rued forthe credit, rerrn ethe capon aeck\rdue and makesthe credit assignable, transferable, and oonveyable to entities with NYS Income Tax liabilities; Now Therefore Be It Resolved: Thatthe B" Cam= Ceund ugestheNewYerkSateLegid&re to enact S. B. 5425/A. B. 7935 to improve the NYS Rehabilitation Tax Creditto betterserve municipal redevelopment and economic development goals in New York State; and Be It Further Resolved: That copies ofthis resolution be forwarded to Govemor, Spitzer, Senate Majoriy LeaderJoseph Bruno, AssembySpeakerSheldonSkerandthe Western New York Delegation ADOPTED No. 130 Mr LoCurto, Mr Davis RESOLUTION IN SUPPORT OF THE EMPLOYEE FREE CHOICE ACT WHEREAS, Buffalo and Erie County is home to more than 41 International affiliated unions with over seventy -three thousand (73,000) members residing here; and WHEREAS, Buffalo is rich in labor history being the home to workers represented by unions in the various trades, disciplines, and professions; and WHEREAS, Working families in Buffalo and it's surrounding area are struggling to make ends meet; and WHEREAS, Buffalo's unions offer the best opportunity for working people to get ahead economically by uniting to fairly bargain with their employers for better wages and benefits; and WHEREAS, When the rights of workers to form a union are violated, wages fall, race and gender pay gaps widen, workplace discrimination increases and job safety standards disappear; and WHEREAS, A workers fundamental right to choose a union free from coercion and intimidation is a public issue that requires public policy solutions, including legislative remedies; and WHEREAS, The Employee Free Choice Act will safeguard workers' ability to make their own decisions, provide for first contract mediation and arbitration, and establish meaningful penalties when employers violate workers' rights. NOW, THEREFORE BE IT RESOLVED, ThattheBuffdoCityCounal supports the Employee Free Choice Act which would authorize the National Labor Relations Board to certify a union as the bargaining representative when a majority of employees voluntarily sign authorizations designating that union to represent them; and be it FURTHER RESOLVED, The Employee Free Choice Act would provide for first contract mediation and arbitration; and establish meaningful penalties for violations of a worker's freedom to choose a union ADOPTED NO. 131 Mrs Russell RESOLUTION Proposed Master Non - Exclusive Use and Permit for Medaille College's Proposed Non - Exclusive use of McCarthy Park for Athletic and Other Purposes Whereas: The City of Buffalo owns McCarthy Park, The County of Erie has and continues to operate, manage and maintain McCarthy Park (and other City Parks) under and pursuant to the July 1, 2004 Intermunicipal Cooperation Agreement for Operation, Management and Improvement of City of Buffalo Parklands (the "IMCA" ), Medaille College has approached the County of Erie and the City of Buffalo with a proposed Master Non - Exclusive Use License and Permit (the "Proposed Agreement ") which would provide for non - exclusive use of McCarthy Park by Medaille College for Medaille's College sports and athletic programs and related events. A copy of the Proposed Agreement is attached hereto, The term of the Proposed Agreement is proposed as being for up to an initial ten (10) year term through June of 2017, with the right of Medaille to extend the term for an additional ten (10) years through June of 2027, 1 am requesting that the Common Council consider approving the Proposed Agreement only if reviewed, modified and farther negotiated all as hereinafter set fah Now Therefore Be It Resolved: 1.That the Common Council is willing to approve the Proposed Agreement upon the following additional terms, modifications and conditions: A. That the initial term be for a period of only up to five (5) years, with any renewals being also limited to five (5) year consecutive interval terrsa deEchsuhtemeda dmbaigatjedbftCbAbnd approval to be granted or withheld in in the City's sole discretion. B. That the term shall not be extended beyond June 30, 2027. C. That language be added that could easily and readily accommodate and adapt to the expiration or earlier termination of the IMCA. D. That the utility expense /upgrade issues be more thoroughly developed, negotiated and resolved in a manner satisfactory to the City. E. That Medaille be obligated in the Proposed Agreement to a certain acceptable level of commitment and investment in improvements to McCarthy ParkF. That acceptable default /termination provisions be inserted into the Proposed Agreement in order to obligate Medaille to adhere to all rules and regulations to be set forth by the City as to Medaille's use of the park, said provisions to also address and secure Medaille's obligations to invest in the and maintenance of Park all improvements McCarthy to the satisfaction of the City. G. That the Proposed Agreement be subject to the review and modification by the City's Department of Public Works, Parks and Streets as well as subject to the review and modification by the Clty s office of Strategic Planning and also subject to the review and b- modification bythe City's Law Deparhnent and also subject to the review and modification bythedi& dcounalmember and that all such modifications as are deemed desirable and or necessary by such departments be negotiated into the Proposed Agreement. t. That a primary focus of the City in implementing the Proposed Agreement and in negotiating the required modifications to the Proposed Agreement be the major concern that full public access to McCarthy Park remains open and that McCarthy Park is continuously usable by all citizens and members of the public. Be It Further Resolved: That the Common Council hereby directs the Corporation Counsel to facilitate, negotiate and finalize the Proposed Agreement and related documentation all as is necessary to effectuate the stated intentions of these Resolutions; and Be It Finally Resolved: That the Common Council hereby authorizes the Mayor and or the Commissioner ofthe Department of Public Works, Parks and Streetsto execute any and all documents necessary to effectuate the Proposed Agreement once they are negotiated drafted, finalized and approved as to form, as appropriate and as applicable, by the Corporation Counsel. ADOPTED 1 - � r RESOLVE REMAINDER REFERRD TO THE COMMITTEE ON LEGISLATION MR. DEMONE SMITH NO. 132 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: Lucy Tretiak-Caruso Gregory Olma Laurence Adamczyk Catlin Cain Antoinette Guercio Michele Spears Laurence Adamczyk Marc Coppola Barbara Miller- Williams MaysdRosado AndmGaryMcCann Natalie Franczyk Thomas Franczyk Maximillion Tresmond Louis Perfetto Jr Virginia Popiela Connie Zellner Daniel Rusin Claire Franczyk Christine Vogel TOTAL 20 ADOPTED BY: DEMONE A SMITH NO. 133 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 person so appointed certifying under oath to their qualifications and filing same with the City of Buffalo Joanne Fuhrmann Mary Ann Gray Martin Sawma Charles LaMonte III Leon Hicks Michael Agostino Christopher Conroy Mark Galvin Total 8 ADOPTED NO 134 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, June 20,2007 at 11:00 o'clock a.m. Committee on Civil Service Tuesday, June 19, 2007at 9:45 o'clock a.m. Committee on Finance Tuesday, June 19, 2007 at 10:00 o'clock a.m. following Civil Service Committee on Comm. Dev. Tuesday June 19, 2007 at 1:00 o'clock p.m. Committee on Legislation June 19, 2007 at 2:00 o'clock p.m/ Special Committees Special Finance Comm. Mtg. Wednesday, June 13, 2007 at 5:30 o'clock p.m. in the Council Chambers regarding issues pertaining to BCAR. (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 No. 135 Adjournment On a motion by Mr. Bonifacio, Seconded by Mrs. Russell, the Council adjourned at 3:10 pm GERALD CHWAL1 NSKI CITY CLERK