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07-0626pp1 (2)
No. 13 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO JUNE 26, 2007 PENSION PROCEEDINGS JUNE 21, 2007 MAYOR Hon. Byron W. Brown COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL FILLMORE DISTRICT David A. Franczyk PRESIDENT PRO TEMPORE UNIVERSITY DISTRICT Bonnie E. Russell MAJORITY LEADER NIAGARA DISTRICT DOMINIC J. BONIFACIO JR DISTRICT COUNCIL MEMBERS BRIAN C. DAVIS - ELLICOTT RICHARD A. FONTANA - LOVEJOY DEMONE A. SMITH - MASTEN MICHAEL J. LO CURTO - DELAWARE JOSEPH GOLOMBEKJR. - NORTH MICHAEL P. KEARNS - SOUTH 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 26, 2007 "' 12- 13- 14- MAYOR 1. Appointments Board of City Planning 2. Appointment of Buffalo City Court Judge MAYOR - EXECUTIVE 3. Bd of Pkg- B.Davis - Comments Buffalo Municipal Parking System 4. Strat Plan- Approval of Funding Agreement Between The COB and BURA - $325,000.00 5. Strat Plan- Approval of Funding Agreement Between The COB and BURA - $1,325,000.00 6. Strat Plan- Results Neg -889 Lovejoy (Lov) 7. Strat Plan- Results Neg- Sale of Vacant Land 7 Parcels 8. Strat Plan- Results Neg- 553 West (Niag) 9. Strat Plan- Response City Taking Title to Property Not Bid at Auction 10. Strat Plan- SEQR Lead Agency Designation Main /LaSalle Property Acquisitions 11. Strat Plan- St John Baptist Church Request to Use City Owned Vacant Lot 1412 Jefferson(Mas) 11A Strat Plan- Access Requested to Waterfront School Property 95 Fourth St COMPTROLLER 12. Audit Report -Gun Buy Back Program 6/2/2007 13. Bond Closeout LEG R &F FIN APP APP APP CD APP APP APP APP APP FIN APP 15- 14. Diversity Hiring Goals MBEC 16- 14A Certificate of Necessity- Common Council R &F 17- 14B Certificate of Necessity - Strat Planning $75,000.00 R &F 18- 14C Certificate of Necessity - Strat Planning $250,000.00 R &F COUNCIL PRESIDENT 19- 15. Alternative Veterans Exemption -Inc in Max Eligilble Assessed Value for 2007 -08 R &F 20- 15A Invitation to Next Energy and Environment Meeting LEG,EDPI PUBLIC WORKS, PARKS & STREETS 21- 16. Notif Serial # 10171 (Waive 45 Days) R &F 22- 17. Access /Indemnity Agreement Buffalo Urban Development Corp -Union Ship Canal Excess Soils APP 23- 18. Amend and Renew Recycling Allied Waste (Formerly BFI) APP 24- 19. 297 Franklin St- Awning Within City ROW (Ell) APP 25- 20. Bids - Grider St Reconstruction (Mas) FIN 26- 21. Bids - Planting of Shrubs /Perennials at Front Park (Niag) APP 27- 21A Bids - Robotic Cameras and Equipment APP 28- 22. Change in Contract -City Wide Sidewalk Replacement -2006 APP 29- 23. Change in Contract - Richmond /Ferry Circle & Gates Circle APP 30- 24. Increase in Contract - Riverside Football Field Reconstruction (North) APP 31- 25. New Federal Courthouse District Heating Proposal LEG 32- 26. Perm to Purchase Street Lighting Standards 535 Washington (Ell) APP 33- 27. Transfer Funds to BURA Sycamore Village Blasting Contract APP 34- 28. Appt Senior Engineer, Provisional (Inter) (Hoffert) CS POLICE 35- 29. Drug Asset Forfeiture Wire Transfers FIN 36- 30. Justice Grant Program Renewal Year 3 APP 37- 31. Responses The Up Side and Down Side of Wireless Mesh Networks /Intelligent Video Surveillance for State and Local Gov't FIN 38- 32. Responses Main Huron LLC Complaints /Lack of Quality of Life Crime Reports LEG CORPORATION COUNSEL 39- 33. Municipal Code Violations Report LEG ECONOMIC DEVELOPMENT & PERMITS /INSPECTIONS 40- 34. Food Store License -1047 Genesee (Fill) APP 41- 35. Food Store License 1044 Grant (North) APP 42- 36. Food Store License 955 Tonawanda (North) APP 43- 37. Food Store License 139 Vermont (Nia) APP 44- 38. J. Ostrowski- Purchase /Rental of the Fairfield Library FIN 45- 39. Restaurant Dance Class 111 445 Delaware (Ell) APP 46- 40. Restaurant Dance Class License (Renewal) 532 Main (Ell) APP 47- 41. Restaurant Dance Class 111 3051 Main (Univ) APP 48- 42. Sidewalk Cafe License 1456 -58 Hertel (Del) APP ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS 49- 43. Auction /Scrap of Police, Eng, & Inv & Stores Vehicles APP 50- 44. Disposal of Vehicles APP 51- 45. Response to Audit Recommendations -Audit Report Pkg Enf 1/1/06 - 6/30/06 FIN 52- 46. Sale of Junk & Abandoned Vehicles Bid# 313 APP 53- 47. Waiver of Performance Bond APP CITY CLERK 54- 48. Minutes from 06 -05 -07 Board of Ethics Meeting R &F 55- 49. Proposed Amendment to Section 12 -24 City of Buffalo Board of Ethics LEG,CC 56- 50. Mayor reported out of state R &F 57- 51. Liquor License Applications R &F 58- 52. Leaves of Absence R &F 59- 53. Reports of Attendance R &F 60- 54. Notices of Appointments Mayor R &F 61- 55. Notices of Appointments - Seasonal R &F 62- 56. Notices of Appointments - Temp. /Prov. /Perm. CS MISCELLANEOUS 63- 57. D. Bonifacio- Contract #92010723 (Weekly Curbside Collection of Recyclables) R &F 64- 58. P. Brown - Apprentice Law R &F 65- 59. B. Davis - Molina Notice of Claims LEG,TELECOM 66- 60. P. DePasquale -West Seneca Support of US Soldiers Use of Spartan II Body Armor Vests R &F 67- 61. D. Franczyk -NYS EPF Grant Application 2007 for the National Historic Fireboat R &F 68- 62. D. Franczyk- Fireboat Cotter NYS Parks EPF Grant Request R &F 69- 63. M. Kearns -Info Res Having a Council Rep Serve on the Erie Canal Harbor Dev Corp CD 70- 64. P. Wolf - Appeal of Denial of Certificate of Exception and Conditions of Certificate for 72 -76 Pearl Street LEG 71- 64A P. Wolf- R. Tobe Response - Appeal of Denial of Certificate of Exception and Conditions of Certificate for 72 -76 Pearl St LEG PETITIONS 72- 65. E. Hoagle, Owner, Use 185 Allen St. Outdoor Patio in Courtyard(Hrg 7/03) LEG,CPBD 73- 66. A. Simmons- Protest Opening of Delicatessen at Texas and E. Delavan Aves LEG,EDPI,ZNG BD RESOLUTIONS 119 -67. Davis Disch Fin Comm CCP #11, 05/29/07, 1995 Hertel Pk Assoc (Assess) ADOPT DISCH APP 120 -68. Davis Disch Fin Comm CCP# 13, 5/15/2007, Disabilities /Limited Income Exemptions (Assess /Tax) ADOPT DISCH APP 121 -69. Davis Disch Fin Comm CCP# 14, 5/15/2007, Senior Citizen Exemptions (Assess /Tax) ADOPT DISCH APP 122 -69A Davis Transfer in Funds Common Council APP 123 -69B Davis Permission to Hang a Banner on Delaware Ave APP 124 -69C Davis Transfer of Funds -Strat Plan $75,000.00 APP 125 -69D Davis Transfer of Funds -Strat Plan $250,000.00 APP 126 -70. Fontana Ordinance Amendment - Chapter 454 -Tow Trucks LEG,CC 127 -71. Fontana Shift of Operations into an Empire Zone APP 128 -71A Fontana Ord Amend Chapter 216 Garbage Rubbish and Refuse LEG 129 -71 B Fontana Home Rule Message- Senate Bill# 6249, Assembly Bill# 9151 -An Act to Allow William Grillo to File Req for Tier II Status in Retirement System ADOPT 130 -72. Franczyk Environmental Protection Fund for Historic Preservation ADOPT 131 -73. Franczyk Revitalizing Urban Buffalo (RUN Buffalo) APP 132 -73A Franczyk Alternative Veterans Exemption APP 133 -73B Franczyk, etc Church Closings ADOPT 2 ND & 3 RD RES REM TO LEG AND THE CATHOLIC DIOCESE 134 -74. Golombek Req Ord Amend to Reduce Speed Limits Delaware & Elmwood Ave ADOPT 1st RES, REM TO LEG, CC, PW 135 -75. Kearns The Efficiency Incentive Grant Endowment BUDGET, A &F, CC, COMPT 136 -76. LoCurto Extension for FEMA funding Deadline for Removal of Trees from Oct. 2006 Storm ADOPT 137 -77. LoCurto Asking Dept of PW to Report it's Plan to the Council for Tote Repl. ADOPT 138 -78. Russell Budget and Personnel Amendment -City Clerk APP 139 -78A Russell Budget and Personnel Amendment- City Clerk APP 140 -78B Russell Budget and Personnel Amendment- Comm Svs -Sub Abuse APP 141 -78C Russell Proposed Master Non - Exclusive User License and Permit for Medaille College's Prop Non - Exclusive Use of McCarthy Park for Athletic & Other Purposes APP 142 -79. Smith Comm. Of Deeds ADOPT 143 -80. Smith Comm. Of Deeds for Public Performance ADOPT TABLE ITEMS SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETING CIVIL SERVICE CLAIMS 81- 1.Com 25 June 12 Appt.- Administrative Asst. (Inter) ( Compt.) PERSONAL INJURY 82- 74- A 1 Lorraine & Earl Pray v. City et al $ 36,000.00 APP 83- A 2 Norma Jefferson as Adm. Of Estate of Sallie M. Riddle v. City et al $ 30,000.00 APP APP 84- PROPERTY DAMAGE June 12 B 1 Charles Buchanan $ 590.83 APP June 12 B 2 Sheila Kotrys $ 370.00 APP 75- B 3 Mary Ann Leber $ 150.35 APP 87- B 4 William Mara $ 172.49 APP 76- B5 Marlene Myree $ 433.44 TABLE Notices of Appt.- Temp. /Prov. /Perm. (C. Clk.) R &F PROPERTY DAMAGE (TREE RELATED) FINANCE RECOMMIT C 1 Shlomo Amitay $ 3,710.00 APP 9.Com 16 C 2 Vincent Coppola $ 384.36 APP 90- C 3 Maggie Davis $ 750.00 APP R &F C 4 Donald Dickerson $ 1,305.00 APP 77- C 5 Charles Humphrey $ 769.35 APP June 12 C 6 Tatiana Jimenez $ 1,520.11 APP 13.Res116 C 7 Barbara Kozlowski $ 1,449.00 APP 94- C 8 Liberty Mutual Inc. a /s /o Patricia Davenport $ 2,815.84 APP R &F C 9 Yolanda Maple $ 250.00 APP C 10 Thelma Rounds $ 1,780.00 APP C 11 Zheng Yu Wang $ 129.58 APP C 12 John Zachritz $ 2,316.25 APP MISCELLANEOUS REIMBURSEMENTS D 1 Lisa Garner $ 4,725.00 APP D 2 Robyn Gatti $ 2,690.00 APP 78- D 3 Iron Island Pres. Soc. Of Lovejoy $ 795.00 APP D 4 United Auto Credit Corp. $ 6,275.00 APP D 5 Samuel Walker $ 3,100.00 APP MISCELLANEOUS INVOICES E 1 Comnetix Inc. $ 1,380.00APP E 2 First Niagara Risk Mgmt. $ 1,382.73 APP 79 -E 3 Lane, Fire & Safety $ 228.00 APP MISCELLANEOUS ITEM 80- F 1 In the Matter of Firefighter Lee Kirkwood APP F 2 Local 282 Funeral Expense Fund. Reimbursement for Funeral Expenses - Firefighter Christopher Dill $ 11,330.92 LEGISLATION CIVIL SERVICE 95- 15.No 81- 1.Com 25 June 12 Appt.- Administrative Asst. (Inter) ( Compt.) APP 82- 2.Com 27 June 12 Appt.- Assessor (Inter) (Assess /Tax) APP 83- 3.Com 28 June 12 Appt. -Data Processing Equipment Operator (Inter#3) (MIS) APP 84- 4.Com 37 June 12 Appt.- Account Clerk- Typist (Inter) (PW) APP 85- 5.Com 38 June 12 Appt.- Equip. Operator (Inter) (PW) APP 86- 6.Com 45 June 12 Appt.- Director of Urban Affairs (Max) (AFUA) APP 87- 7.Com 46 June 12 Appt.- Senior Counselor (Inter #2) (Comm. Serv. /Recr. Progr.) APP 88- 8.Com 55 June 12 Notices of Appt.- Temp. /Prov. /Perm. (C. Clk.) R &F FINANCE RECOMMIT 103 -23.No 38 Feb 6 89- 9.Com 16 June 12 Bond Closeout - $1,597,991.88 (Comet.) R &F 90- 10.Com 17 June 12 Capital Debt Service Fund Deposits- 2007/2008 Fiscal Yr. ( Comet.) R &F 91- 11.Res 125 June 12 Problems with BFI Recycling Pickups (Exc. 1 s ' Res.) R &F 92- 12.No 77 June 12 NYS Leg. Efficiency Incentive Grant (A &F)( #43,5/29) APP 93- 13.Res116 June 12 Transfer of Funds - Permits & Inspections - Capital Outlay -NY Restore APP 94- 14.Com 20 Apr 17 Drug Asset Forefeiture Wire Transfers (Pol) R &F LEGISLATION 95- 15.No 64 June 12 J. Shepard- Owner, Use 256 Allen -Two Outdoor Patios (Ell) (Hrg. 6/19) APP W /COND 96- 16.No 65 June 12 J. Popiela, Agent, Use 2065 Delaware Ave. -Free Standing Signs (Del) (No Pub Hrg Req) APP M/ COND 97- 17.No 66 June 12 M. Andrzejewski, Agent, Use 317 Choate Ave.- Ground Sign (So) (No Pub Hrg. Req) APP 98- 18.Res 111 June 12 Ord. Amend - Chapter 96 -Bonds & Contracts APP 99- 19.Res 131 June 12 Prop. Master Non - Exclusive Use /Permit for Medaille College's Prop. Non- Exc. Use of McCarthy Park for Athletic & Other Purposes (Exc. 1 sc & 2 " Res)R &F 100 -20.No 97 June 12 Food Store License -1981 Fillmore (Masten) (EDPI) ( #37,5/15) ( #95,5/29) RECOMMIT 101- 21.Com 42 June 12 Used Car Dealer -1275 Bailey (Lovejoy) (EDPI) RECOMMIT 102 -22.No 57 May 29 R. Stanton - Appeal - Denial of Cert of Exception /Conditions of Cert Exception -72 -76 Pearl St (Hrg 6/19) RECOMMIT 103 -23.No 38 Feb 6 E. Huckabone- Belmont Shelter Corp. -Add Quality of Life Issues Caused by Irresponsible Tenants & LandlordsR &F 104 -24.No 60 Jan 23 J. Leonardi -Bflo. Niagara Realtors- Addressing Quality of Life - Irresponsible Tenants /Landlords R &F 105 -25.No 54 Jan 23 S. Gehl- HOME - Response- Addressing Quality of Life Issues Caused by Irresponsible Tenants /Landlords R &F 106 -26.No 64 Jan 23 M. Weiner -EC Soc. Serv.- Comments - Addressing Quality of Life Issues Caused By Irresponsible Tenants /Landlords R &F COMMUNITY DEVELOPMENT 107- 27.Res 123 June 12 Req. for Appr. -LDA & for Transfer of 23 Vacant Parcels to Homefront Inc. (Hrg. 6/26) RECOMMIT 108- 28.Com 4 June 12 Req. for Appr. Of Land Disposition Agreement for 23 Vacant 109- 29.Com 7 June 12 110- 30.Com 10 June 12 111- 31.Com 13 June 12 112- 32.Com 14 June 12 113 -33.No 60 June 12 114 -34.No 63 June 12 115 -35.No 105 June 12 116 -36. No 59 May 29 117 -37. No 60 May 29 118 -38. No 62 May 29 Parcels in Sycamore Vill. (Strat. Plan.) RECOMMIT Req. to Appr. The E. Delavan Neighborhood Plan as part of COB Compre. Plan (Strat. Plan.) APP Results of Negotiations -47 Grider (Masten) (Strat. Plan.) RECOMMIT Results of Negotiations -444 Woodlawn (Masten) (St. Plan.) RECOMMIT Transfer 334 E. Utica (formerly Jefferson Library) from COB To BURA (Masten) APP J. Golombek -M. Gainer - Buffalo ReUse- Alternative to Demo. R &F M. Kearns -Trip to Milwaukee, WI & Chicago, IL WATERFRONT Results Neg. -401 Busti (Strat. Plan.) ( #6,5/29) RECOMMIT C. Van Ness -Pres Coalition- Opposition to Bass Pro, Erie Canal R &F P. Wolf -T. Wanamaker -BERC Buffalo Niagara Enterprise R &F P. Wolf -M. Gregg -BERC Marketing Plan R &F COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, JUNE 26, 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 June 12, 2007 FROM THE MAYOR NO 1 BOARD OF CITY PLANNING CHAIRMAN Pursuant to Section 316 of the City Charter, I hereby appoint the following individuals to serve on the Board of City Planning for a 3 year term, commencing immediately and expiring May 31, 2010: Mr. James K. Morell, 18 Jewett Parkway, Buffalo, New York 14211 is being appointed as Chairman of the Board of City Planning. Mr. Morell previously served as a member of the Board of City Planning and will be replacing Frank Manuele. Members: Frank A. Manuele, 52 Summit Avenue, Buffalo, New York 14214 is being appointed as a member of the Board of City Planning. Mr Manuele previously served as Chairman of the Board of City Planning and will be replacing James Morell. Michael J. Lyons, 19 Summer Place, Buffalo, New York 14211 is being reappointed as a member of the board. I hereby certify that the above named individuals are fully qualified to serve as members of the Board of City Planning REFERRED TO THE COMMITTEE ON LEGISLATION NO. 2 APPOINTMENT OF BUFFALO CITY COURT JUDGE Pursuant to the powers vested in me by §2104(2)(i)(C) of the Uniform City Court Act (UCCA), I hereby appoint the following individual to serve as Buffalo City Court Judge: BETTY CALVO - TORRES 112 FRANKLIN ST BUFFALO 14202 Betty Calvo- Torres, Esq. was a solo practitioner and former Assistant District Attorney, whose law practice encompassed a number of diverse areas of the law. Ms. Calve- Torres has handled matters ranging from those she faced in her position as a member of the Law Guardian Panel of Erie County to immigration and criminal law issues. Ms. Calvo- Torres received a Juris Doctor degree from the State University of New York at Buffalo and was admitted to the New York State Bar in 1999. She has served as Director of the Minority Bar Association of Western New York, the President of the Hispanic Women's League and the Co -Chair of the Erie County Bar Association Community Outreach Committee. Her impressive legal background and participation in numerous community outreach activities and organizations make Ms. Calvo- Torres a well - qualified choice to serve as a City Court Judge. I hereby certify that the above -named individual is fully qualified to serve as a City Court Judge pursuant to New York State Uniform City Court Act RECEIVED AND FILED FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE BOARD OF PARKING NO. 3 B.DAVIS COMMENTS BFLO MUNICIPAL PARKING SYSTEM ITEM NO 62, CCP 6/29/07 Response to Council Member Davis' May 19, 2007 article in Buffalo Rising Online The following is an attempt to clarify several issues raised by Council Member Davis in the above mentioned article. A simple phone call to the Board of Parking would have, in a matter of minutes displaced the errors and half truths in the article. Shuttle Program Comments - FALSE This program was NOT OPERATED BY Buffalo Civic Auto Ramps Inc. (BCAR) The program commenced operation on October 1, 1998 and ended in December 31, 2004. The funding of this highly successful program came from the City of Buffalo general fund not BCAR. The funding was recommended by the Administration in the annual city budget and was approved by the Common Council. A written agreement was entered into between the Board of Parking and Buffalo Place to operate the program which at its height had over 1500 daily parkers and a waiting list. Ironically, Council Member Davis has had six (6) votes on this program - three (3) on the Common Council and three (3) as a Director on the Board of Buffalo Place. Comments on the R.F.P - FALSE The RFP clearly states on Page 8 - the "Management Agreement will identify the Managing Agent as an "Agent of the City of Buffalo." The RFP has references throughout referring to the "Management Agent" Not For Profit Status - FALSE The RFP is silent on this issue. It is never mentioned. Board of Parking submits a Contract to the Common Council different from RFP - FALSE The contract before the Common Council concurs on all items. BCAR never asked to get a bond - TRUE The RFP did not require one. Page 3 of the RFP stated "The approved Management Agent may be to provide to the City of Buffalo with a bond or Fidelity insurance in an amount up to $1,500,000 renewable annually. The cost of the bond or insurance shall be charged as an operating expense of the parking system" BCAR gives employees raises, Christmas bonuses, while there is a wage free. - TRUE The single largest wage increase implemented for BCAR employees was required by the LIVING WAGE ORDINANCE of the City of Buffalo. BCAR employees went from an average rate of $6.00 an hour to $9.03 an hour (a 50% raise). BCAR did grant 2.6% and 2.3% raises the last two years. The LIVING WAGE ORDINACE has just increased to $9.59 an hour. BCAR's raises didn't keep up with the Living Wage, and BCAR employees received another raise. There has never been an audit - FALSE BCAR has been audited annually by an independent CPA firm in accordance with the auditing standards generally accepted in the United States. These audits have always been presented to the City of Buffalo thru its Board of Parking and Comptroller's Office. In addition the City Comptroller's office has conducted its own audits, the two most recent covered JULY 1, 1993 TO JUNE 30, 1995 AND JULY 1 2001 - JUNE 30 2003. BCAR request agent status after originally requesting it be removed from the RFP - FALSF Effective December 1, 1996 BCAR received an exemption from the State of New York on charging sales tax on revenue. This exemption has increased total revenue to the City of Buffalo by over $6,500,000 in the last ten years. It is our belief that the City of Buffalo and BCAR are the only public entities in all of New York State to have earned this exemption. BCAR has filed amended sales tax returns for the period of December 2001 thru March 2005 on sales taxes paid on goods and services purchased by BCAR as an agent of the City of Buffalo for $213,206. BCAR estimates it annually pays $75,000 in sales tax on purchases. BCAR Board Members receive preferential treatment - FALSF The makeup of BCAR's Board specifically limits and controls preferential treatment. Typically these same Board Members, same building owners are seeking the same tenant. To suggest one Board Member gets special treatment in favor of another is ridiculous. Everyone is treated equally and fairly. Everyone goes on a waiting list, that everyone monitors. Successful bidder will not take a management fee - FALSE Page 3 of the RFP states "Please state the amount of the Management Fee you will charge the City of Buffalo Board of Parking for the management of the entire parking system." Page 9 of the RFP is the actual Management Bid Sheet. Not for Profit Status - TRUE BCAR did change its status to a not for profit as recommended to enhance their position with the New York State Dept. of Taxation. They are still the same company with a different status. The cost associated with this change will enhance BCAR's position in its claim for a sales tax rebate of up to $213,000 and an exemption forward of $75,000 annually. BCAR purchases furniture, fixtures and equipment in the general market not State Contracts - TRUE Purchase have always been from various vendors, multiple bids and hard negotiations to seek the lowest and best price. This is an option work exploring and will be done. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE OFFICE OF STRATEGIC PLANNING NO. 4 APPROVAL OF FUNDING AGREEMENT BETWEEN THE CITY OF BUFFALO AND THE CITY OF BUFFALO URBAN RENEWAL AGENCY $325,000.00 Attached for your review and approval is a Funding Agreement between the City of Buffalo and the City of Buffalo Urban Renewal Agency (BURA). The City of Buffalo will provide, pursuant to the Agreement, funds for neighborhood development and community and economic development activities within the City. The Buffalo Urban Renewal Agency will provide services and administer such programs as agreed between the parties. BURA will provide reports at the City's request of its administration of the funds. I am therefore requesting that your Honorable Body approve the attached Funding Agreement. That the above communication from the Office of Strategic Planning, Division of Real Estate, dated June 21, 2007 be received and filed; and That the Common Council approve the Funding Agreement between the City of Buffalo and the City of Buffalo Urban Renewal Agency in the amount of $325,000.00: Passed AYES — 9 NOES — 0 NO. 5 APPROVAL OF FUNDING AGREEMENT BETWEEN THE CITY OF BUFFALO AND THE CITY OF BUFFALO URBAN RENEWAL AGENCY $1,325,000.00 Attached for your review and approval is a Funding Agreement between the City of Buffalo and the City of Buffalo Urban Renewal Agency (BURA). The City of Buffalo will provide, pursuant to the Agreement, funds for neighborhood development and community and economic development activities within the City. The Buffalo Urban Renewal Agency will provide services and administer such programs as agreed between the parties. BURA will provide reports at the City's request of its administration of the funds. I am therefore requesting that your Honorable Body approve the attached Funding Agreement. Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated June 21, 2007 be received and filed; and That the Common Council approve the Funding Agreement between the City of Buffalo and the City of Buffalo Urban Renewal Agency in the amount of $1,325,000.00. Passed Ayes — 9 Noes —0 NO. 6 RESULTS OF NEGOTIATIONS 889 LOVEJOY, W COR. CENTRAL VACANT LOT: 40'X 125' ASSESSED VALUATION: $10,000. (LOVEJOY DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 889 Lovejoy Street from Mr. Scott Papierz, 887 Lovejoy Street, Buffalo, New York 14206. Mr. Papierz owns and resides at 887 Lovejoy Street, which is adjacent to 889 Lovejoy Street. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar vacant lots in the subject area. Sales prices range from Forty Two Cents ($.42) to One Dollar and Eighty Cents ($1.80) per square foot. The results of our negotiations are that Mr. Papierz has agreed and is prepared to pay Two Thousand One Hundred Dollars ($2,100), Forty Two Cents ($.42) per square foot, for the subject property. Mr. Papierz 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 889 Lovejoy Street to Mr. Scott Papierz in the amount of Two Thousand One Hundred Dollars ($2,100). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated June 20, 2007 be received and filed; and That the offer from Mr. Scott Papierz, residing at 887 Lovejoy Street, in the sum of two thousand and one hundred dollars ($2,100.00) for the purchase of 889 Lovejoy, 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. 7 RESULTS OF NEGOTIATIONS SALE OF VACANT LAND 7 PARCELS A. D. PRICE HOUSING DEVELOPMENT (ITEM NO. C.C.P NO. 93,2/7/06) The Office of Strategic Planning Division of Real Estate has received a request from Norstar Development, and /or a corporation or partnership to be formed, to acquire title to an additional seven (7) city -owned vacant lots for A. D. Price Housing Development. The lots are identified on the attached exhibit A, 282 Madison, 286 Madison, 288 Madison, 292 Madison, 566 Jefferson, 568 Jefferson, 572 Jefferson, 574 Jefferson and 576 Jefferson. These lots are in addition to the twenty -five (25) lots Your Honorable Body previously approved for sale under the above -cited C.C.P NO. 93. The lots (including the previously approved 25 lots) will be used to construct a total of 55 units of rental housing for low- income residents. NORSTAR DEVELOPMENT is proposing to acquire the thirty -two (32) City owned parcels for $95,530.00 and will pay for all costs associated with the transfer of title. A complete Project Summary is attached for your review. I am recommending the sale and transfer of title of Norstar Development for the following reasons: 1. Norstar Development will assume all costs associated with the acquisition and construction of the rental properties. 2. The project will preserve affordable housing units for residents of A.D. Price as well as other low- income residents in the City of Buffalo. 3. The redevelopment of A.D. Price is part of a broad community needs approach known as the Livable Communities Strategy to ensure that suitable living conditions are maintained or created. I am further recommending that Your Honorable Body to approve the transfer of title for the additional seven (7) parcels to Norstar Development /or a corporation or partnership to be formed. and upon the above mentioned terms and conditions; and that the Mayor be authorized to execute the documents for the transfer of titles. REFERRED TO THE COMMI'l -FEE ON COMMUNITY DEVELOPMENT NO. 8 Results of Negotiations 553 West, 79' NW Vermont Vacant Lot: 38Lx 50' Assessed Valuation: $2,700 (Niagara District) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 553 West Avenue from Ms. Elva Iris Tardi, 192 Vermont Street, Buffalo, New York 14213. Ms. Tardi owns and resides at 192 Vermont Street, which is adjacent to 553 West Avenue. She intends to use this vacant lot for additional green space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar residential lots in the subject area. Sales range from Seventy -Five Cents ($75) to One Dollar and Fifty Cents ($1.50) per square foot. The results of our negotiations are that Ms. Tardi has agreed and is prepared to pay One Thousand Five Hundred Dollars ($1,500), Seventy -Five Cents ($75) per square foot for the subject property. Ms. Tardi 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 553 West Avenue to Ms. Elva 1. Tardi in the amount of One Thousand Five Hundred Dollars ($1,500). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated June 6, 2007 be received and filed; and That the offer from Ms. Elva Iris Tardi, residing at 192 Vermont Street, in the sum of one thousand and five hundred dollars ($1,500.00) for the purchase of 553 West, 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. 9 RESPONSE - CITY TAKING TITLE TO PROPERTY NOT BID AT AUCTION ITEM #125 CCP 5/1/07 The above item is a resolution the Common Council is considering and is requesting comment from the Office of Strategic Planning regarding the taking of title to all property not acquired or bid on at Public Auction. The City of Buffalo acquired 1,109 properties from the last two tax foreclosure auctions (In Rem 39 and In Rem 40) of which 1,043 were properties with structures and 66 were vacant lots. Of the 1,043 structures, approximately 933 were targeted for demolition and 110 were listed in the City of Buffalo inventory of property available for sale. The Office of Strategic Planning, Division of Real Estate is responsible for the management of these properties until demolition or sale of the property occurs. The acquisitions during the last two foreclosures have placed a severe strain on Division resources with respect to personnel and funding. The Office of Strategic Planning would recommend that a strategy be put in place prior to implementing any plan to acquire a significant number of properties. Such a plan should be coordinated with the Department of Economic Development, Permit and Inspection Services, Department of Assessment and the Department of Administration and Finance. PASSED AYES — 9 NOES — 0 NO. 10 SEQR LEAD AGENCY DESIGNATION, MAIN / LASALLE PROPERTY ACQUISITIONS The Buffalo Urban Renewal Agency (BURA) proposes to acquire a combination of approximately 30.48 acres of former railroad property form the City of Buffalo and the Niagara Frontier Transportation Authority. The land will be marketed for future development. Prior to the implementation of the above - referenced action, the requirements of the New York State Environmental Quality Review Act (SEAR) must be satisfied. The project, as defined under SEAR, is an "Unlisted Action" for which the completion of a coordinated environmental assessment is recommended. As per Section 617.6 of the regulations, an agency responsible for determining the effect of the project on the environment must be designated from among the involved agencies within 30 calendar days of this communication. It is proposed that BURA act as the lead SEQR agency for this action. If the Common Council has no objection to BURA acting as Lead Agency please inform my office within the 30 -day period. The project Environmental Assessment Form is enclosed for your review. That the above communication from the Office of Strategic Planning, dated June 7, 2007, be received and filed; and That the Common Council hereby consents to the Buffalo Urban Renewal Agency to act as Lead Agency for the Main /LaSalle Property Acquisitions. Passed. Ayes — 9 Noes — 0 NO. 11 ST. JOHN BAPTIST CHURCH REQUEST TO USE CITY WNED3 /- ACANTLOT!- OCAT- 1412JEFFERSON, SOUTH CORNER WOODLAWN LOT SIZE: 96 X 100 MASTEN DISTRICT The Office of Strategic Planning, Division of Real Estate, has received a request from Mr. Larry Webster, Co -Chair Evangelistic Ministry on behalf of St. John Baptist Church to use 1412 Jefferson for community outreach. St John Baptist Church intends to have a tent revival from July 17, 2007 through July 19, 2007. They have agreed to obtain and provide proof of insurance in the amount of $1,000,000.00 naming the City of Buffalo as additional insured. The Land Use Planning Committee was contacted and they have no objections. I am recommending that Your Honorable Body approve the request of St. John Baptist Church to use 1412 Jefferson Avenue upon the above terms and conditions. I am further recommending that the Office of Strategic Planning prepare and execute the necessary use agreement. Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated June 8, 2007 be received and filed; and That the Common Council approve the request of Larry Webster, Co -Chair Evangelistic Ministry on behalf of St. John Baptist Church to use 1412 Jefferson Avenue upon the terms and conditions as listed above. That the Office of Strategic Planning prepare and execute the necessary use agreement. Passed AYES — 9 NOES — 0 NO. 12 ACCESS REQUESTED TO WATERFRONT SCHOOL PROPERTY AT 96 FOURTH STREET BY NATIONAL FUEL DISTRIBUTION CORPORATION The City has received a request from National Fuel Gas Distribution Corporation to access the Waterfront School Property for the purpose of sampling two existing ground water monitoring wells (MW -8 and MW -9) and to install one new ground water monitoring well (MW -1) all as shown on the attached map. The request has been made by National Fuel to comply with New York State Department of Environmental Conservation (NYSDEC) requirements in connection with the ongoing cleanup /monitoring of the National Fuel's (or its predecessors) former manufactured gas plant formerly situated on the recently redeveloped Health Now Headquarters Site. Our department, in conjunction with the Law Department, requests permission from your Honorable Body to enter into any necessary access agreements with National Fuel and or its contractor in order to facilitate the cleanup and monitoring required by NYSDEC. Areas of concern to the City which will be addressed in the access agreement are as follows: • Adequate Buffalo Board of Education and or Buffalo School District approval for access • Adequate insurance coverage and indemnities • Assurances of appropriate restoration • Job area safety • Such other conditions as are requested by the Office of Strategic Planning and the Law Department • Updates and notification to the City on all relevant remediation and or monitoring work progress and field and test results Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated June 19, 2007 be received and filed; and That the Common Council approve the request from National Fuel Gas Distribution Corporation to access the Waterfront School Property for the purpose of sampling two existing water monitoring— wells (MW -8 and MW -9) and to install one new ground water monitoring well (MW -1) as more fully described on the attached map; and That the Corporation Counsel be, and she hereby is authorized to prepare all necessary documents and the Office of Strategic Planning be authorized to execute the same, Passed Ayes — 9 Noes — 0 FROM THE COMPTROLLER NO. 13 AUDIT REPORT - GUN BUY BACK PROGRAM 6/2/2007 We have performed a review of the Gun Buy Back Program as performed by the Buffalo Police Department on June 2nd, 2007. We present here our conclusions for the period described, as well as other such findings as we believe are appropriate. Our examination was made in accordance with standards established by the Institute of Internal Auditors, and included such procedures as we considered necessary under the circumstances. In our opinion, the accompanying comments present fairly the operations for the period in accordance with generally accepted government auditing standards. It was the objective of this Audit to review the procedures followed during the gun buy back program on June 2, 2007, which consisted of the purchase of firearms using a "no questions asked /no identification required" format, administered by the Department of Police. In order to meet our objective we followed the following procedures: 1) We reviewed the procedures followed by the police officer in categorizing the type of weapon in one of four categories: non- working ($10), rifles ($50), handguns ($75) and assault weapons ($100), placing an inventory tag on the weapon and immobilizing the weapon. 2) We reviewed the procedures followed by the report technician in writing the information from the inventory tag on a summary sheet and entering the amount from the summary sheet to activate the Debit Card used as payment. 3) We reviewed the inventory of Debit Cards issued to the report technicians to be sure that cards issued to the public plus voided cards plus any unused cards equaled the amount of cards issued to the report technician. 4) We reviewed the weapons to make sure an inventory card and an immobilization tag was on each weapon with the same control number. 5) We performed a random sample of the confiscated weapons to make sure they were categorized correctly. 6) We compared the written reports of cards issued and their amounts to the report prepared by the bank for cards issued. Our findings and recommendations are explained in greater detail in the attached Audit Report. The Audit team came away with six specific comments. Given that this was a program of limited time and scope, an exit conference was not scheduled, though we would expect that the audit would be referenced for guidance should another gun buy back program be considered. At this time, we would congratulate the Mayor's Office and Police Commissioner Gipson for initiating a successful program. Far more firearms were removed from the streets than we originally anticipated. I would also like to thank Richard Calipari, the City's Investment & Debt Management Officer for all the work he put into coordinating the use of debit cards for the program. In total, 878 guns were received, and $41,940 in Debit Cards were issued. The City received 279 non - working guns at a dollar value of $2,790; 241 rifles at a dollar value of $12,050; 348 handguns at a dollar value of $26,100; and 10 assault weapons at a dollar value of $000. If you have any further questions on this matter, please feel free to contact the Department of Audit and Control. REFERRED TO THE COMMITTEE ON FINANCE NO. 14 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 proceed timely and binding commitments for the completion of the projects will be 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) balance too small to proceed with project 2) no further commitments, 3) will not be used per Resolution definition of project 4) had no activity for a number of years or 5) have never been used. Mr. Bonifacio moved: That the above communication from the Comptroller, dated June 21, 2007, be received and filed; and That the Comptroller is hereby authorized to closeout bonds not expended for the object or purpose of the bonds, as more fully described in the above communication. Passed AYES — 9 NOES — 0 NO. 16 Diversity Hiring Goals Item No. 106, CCP, 6/29/07 We have received the Council's resolution pertaining to a desire to make the Department of Community Services and Recreational Programming, Office of Contract Compliance (OCC) the signatory on all payouts on contracts over $8,000 on City projects, along with other contract compliance duties. The following is our response. The premise of the resolution suggests that there is no mechanism in place to, enforce compliance with minority and women business enterprise (MWBE) hiring goals. It would seem that the first order of business would be to fund or otherwise provide appropriate staffing for the Office of Contract Compliance to do what it was originally mandated to do. The second "Resolve" wants the OCC to conduct compliance reviews on all contractors and vendors with contracts over $8000 to determine compliance with MWBE goals. Not all contractors and vendors are subject to MWBE rules, regardless of the contract amount. Given the number of contracts processed by the City of Buffalo every year, staffing at OCC would be the primary question. The third "Resolve" seeking to debar contractors in violation of MWBE hiring goals should be forwarded to the Law Department for comment. Failure to meet goals is not necessarily a violation of the contract; any penalties should be laid out in the agreement beforehand. Goals are not quotas and cannot be treated as such. The City does possess debarment powers under the Charter Section 10 -34 for proscribed reasons. At best, a Charter amendment may be necessary to add this as an allowable reason to debar or suspend. The Division of Audit reviews all contracts, along with the Law Department and the department that engaged the contract. As the law currently stands, these reviews are sufficient to ensure the interests of the City of Buffalo are protected. If the OCC is properly staffed, it can perform its duties as originally intended. If you have any other specific inquiry of the Department of Audit and Control, please feel free to let us known REFERRED TO THE MINORITY BUSINESS ENTERPRISE SPECIAL COMMITTEE NO. 16 Certificate of Necessity Transfer of Funds Common Council - Legislative We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §2042 of the Charter, that it is necessary that the sum of $9,000 be transferred and reappropriated within the Common Council, as set forth below: FROM Common Council Councilmember 3 10104001-411001 Annual Salary $9,000 TO Common Council - Legislative 10102001 - 412002 Hourly Salary 10102006 - 432004 Engineering & Technical Services $1,300 $7,700 RECEIVED AND FILED NO. 17 Certificate of Necessity Transfer of Funds We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to Section 20 -12 of the Charter, that it is necessary that the sum of $ 75,000 be transferred and reappropriated as set forth below: From: 13112006 443100 Public Works - Engineering - Road Repairs $ 75,000 To: 10309006 480000 Office of Strategic Planning - Other Service $ 75,000 RECEIVED AND FILED NO. 18 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to Section §20 -12 of the Charter, that it is necessary that the sum of $ 250,000 be transferred to the Office of Strategic Planning as set forth below: From: 17221008 480205 General City Charges - Prior Year Claim $ 250,000 To: 103090069 480000 Office of Strategic Planning - Other Services $ 250,000 RECEIVED AND FILED FROM THE PRESIDENT OF THE COUNCIL NO. 19 VETERANS EXEMPTION Alternative Veterans Exemption - Increase in Maximum Eligible Assessed Value for 2007 -08 Item 156 CCP 7/25/06 (Item 9 CCP 7/11/06) Attached is a copy of our June 27, 2006 communication to the Common Council requesting the approval of changes to the Real Property Ta Law Section 458 -a, which increases in the maximum assessed value eligible for inclusion in the calculation of a veteran's real property tax exemption from the current ceiling of $180,000 to a maximum or $200,000 or $220,000 or $240,000. The City has the option to choose the ceiling it wishes to adopt. Unfortunately, this item was adopted incorporating all three maximum ceiling options. We are therefore requesting a decision on which option the City prefers to utilize. Time is of the essence. A decision is crucial in order to determine the maximum amount of tax exemption allowable for parcels with the Alternative Veteran's Exemption and will have a direct effect on the 2007 -08 tax bills to be mailed June 30, 2007. Thank you for your attention to this matter. Please do not hesitate to contact me or Martin F. Kennedy, Assessor, Exemptions Office, if you require further information. RECEIVED AND FILED NO. 20 INFO PARKS AGREEMENT As you know, the Erie County Legislature's Energy & Environment Committee is in the process of evaluating the intermunicipal parks agreement between the City of Buffalo and County of Erie. In an effort to conduct a discussion among all stakeholders, our committee would like to extend to you an invitation to attend the next scheduled meeting of the Energy & Environment Committee. The meeting is scheduled for next Thursday, June 28, 2007 at n:3o a.m. in the Chambers of the Legislature, 92 Franklin St., 4th floor. So you know, our committee has already heard from representatives of the Olmsted Park Conservancy, the Erie County Parks Department, and Erie County Comptroller's Office concerning this matter. Your input is critical in helping us evaluate the agreement, and I look forward to hearing your views next Thursday. I know my colleagues on the committee also are anxious to hear from you. Should you have any questions concerning the meeting, please contact the Committee Clerk, Paul Tarapacki, at 858 -8829. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF EDPI FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 21 NOTIFICATION SERIAL# 10171 TRAFFIC CONTROL SIGNAL — REPEAL DELAWARE AVENUE AT NORTH JOHNSON PARK (ELLIECTT DISTRICT) TRAFFIC CONTROL SIGNAL - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council I meeting at which they appear on the agenda as an item business. That that part of Section 36 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: TRAFFIC CONTROL SIGNAL INTERSECTION OF Delaware Avenue at North Johnson Park This action is being taken in conjunction with the new building at 285 Delaware Avenue. RECEIVED AND FILED waive 45 days NO. 22 ACCESS /INDEMNITY AGREEMENT BUFFALO URBAN DEVELOPMENT CORPORATION UNION SHIP CANAL EXCESS SOILS In order to facilitate continuing development at the Union Ship Canal Site, the Buffalo Urban Development Corporation (BUDC) has requested permission to move stockpiled excess soils from parcel (2) owned by BUDC to parcel (3), which will be future parkland owned by the City. An agreement to allow this work has been negotiated between the City Law Department and BUDC, a copy of which is attached for your information. Therefore, our department is requesting that Your Honorable Body authorize approval and execution of the soil relocation agreement for signature by the Commissioner of Public Works. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated June 20, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to grant permission to move stockpiled excess soils from parcel (2) owned by Buffalo Urban Development Corporation to parcel (3), which will be future parkland owned by the City. That the Acting Commissioner of Public Works, Parks and Streets be authorized to execute the agreement. Passed. AYES — 9 NOES — 0 NO. 23 AMEND AND RENEW RECYCLING ALLIED WASTE (FORMERLY BFI) CONTRACT #92010723 The current citywide contract for recycling collection with Allied Waste (formerly BFI) is due to expire June 30, 2007. The contract has been in place since July 1, 2002. Article 7 of the Contract provides for renewal by the City of Buffalo for a five -year term through June 30, 2012. Upon conducting a thorough review of this matter and associated costs, we recommend that Article 7 of the contract be amended to provide that the City shall have the option to renew the contract for one (1) one -year term to expire June 30, 2008, and that the City shall have a further option to renew the contract for a two -year period commencing July I, 2008 and expiring June 30, 2010. It is also recommended that Your Honorable Body exercise the first renewal option of one year for the period July 1, 2007 through June 30, 2008. No other provision of the contract as amended would be affected, including the pricing provisions, as follows: Extension - Unit Price Cost Single Residence $1.24 Double Residence $2.48 Triple Residence $3.72 More than 1 House /lot $1.24 Commercial (BA) $1.24 1 therefore recommend that Your Honorable Body authorize the amendment of Contract #92010723 and its extension for a period of one year, commencing July 1, 2007. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated June 21, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to amend and renew the Recycling Allied Waste (Formerly BFI) Contract #92010723 and extend the contract for a period of one year, commending July 1, 2007. Passed AYES — 6 NOES — 3 AYES — Bonifacio, Franczyk, Golombek, Kearns, LoCurto and Russell NOES - Davis, Fontana and Smith NO. 24 297 FRANKLIN STREET; AWNING WITHIN CITY RIGHT OF WAY (ELLICOTT DISTRICT) Mr. Mark Croce, owner of the property located at 297 Franklin Street, has requested permission to encroach City right of way with an awning at said address. The proposed awning would measure 7' in width and 14' in length and be located primarily on private property. However, the awning would extend approximately 3' into City right of way. The awning would be supported by four 2 "x 2" metal posts, two of which would be within City right of way. The Department of Public Works, Parks and Streets has reviewed this application pursuant to Chapter 413, Section 56 (Awnings, Canopies and Marquees) of the City Charter and recommends that Your Honorable Body refer this item to the Planning Board for the necessary site plan review and approval. If approved by the Planning Board and Your Honorable Body the Commissioner will issue a "Mere License" for said awning provided the following conditions are met: That the applicant obtain any and all other City of Buffalo permits necessary. That the awning be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. That the support posts be located 24" from the curbline as required by AASHTO. That the main public sidewalk remain unobstructed. That the applicant be responsible for maintenance of said awning as long as it remains within City right of way. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said awning. Mr. Bonifacio moved: That the above communication from the Department of Public Works, Parks and Streets dated June 19, 2007 be received and filed; and That the Acting Commissioner of Public Works, Parks and Street be, and he hereby is authorized to issue a "mere license" to Mr. Mark Croce, owner of property located at 297 Franklin Street, to install a 7' in width and 14' in length awning which would encroach 3' on city right -of -way at said address, subject to the conditions as listed above. Passed. AYES — 9 NOES — 0 NO. 26 REPORT OF BIDS GRIDER STREET RECONSTRUCTION EAST DELAVUN TO LEROY PIN #6766.61 This is to advise Your Honorable Body that I have advertised and received bids on May 16, 2007 The following bids were received: Contractor Base Bid Total Bid Price Accadia Site Contracting, Inc. $4,752,710.52 $4,990,346.05 5636 Transit Road Depew, NY 14043 Destro & Brothers $4,766,921.60 $5,005,267.68 411 Ludington Buffalo, NY 14206 Catco $5,154,794.50 $5,412,534.23 1266 Townline Rd. Alden NY14004 1 hereby certify that the lowest responsible bidder for the above project is Accadia Site Contracting, Inc. and I respectfully recommend that Your Honorable Body authorize a contract award to Accadia Site Contracting. Inc. in the amount of $4,990,346.05. (Base Bid of $4,752,710.52 + [5% unit price increases] $237,602.03 equals [Total Award] $4,990,346.05.) Funds for this project ere available in our Capital Account #31470006 - 445100. The engineer's estimate for this work is $4,500,000 and this project is a 95% reimbursed Federal Aid Highway Project. REFERRED TO THE COMMITTEE ON FINANCE NO. 26 REPORT OF BIDS PLANTING OF SHRUBS / PERENNIALS AT FRONT PARK GROUP 676 This is to advise Your Honorable Body that I have advertised and received bids on June 20, 2007 The following bids were received: Contractor Total Bid Price Company #1 Titan Development ...................................... ............................... .....................$33,371.00 8534 Seaman Road Gasport, NY 14067 #2 Gleason's Nursery, Inc ................................................ ............................... .....................$39,410.00 4780 Sheridan Drive Williamsville, NY 14221 #3 Birch Grove Landscaping ............................................ ............................... .....................$39,500.00 POBox 117 East Aurora, NY 14052 1 hereby certify that the lowest responsible bidder for the above project is Titan Development, Inc. and I respectfully recommend that Your Honorable Body authorize a contract award to Titan Development Inc. In the amount of $36,708.10 (Base Bid of $33,371.00 + [10% unit price increases] $3,337.10 equals [Total Award] $36,708.10.) Funds for this project are available in Capital Project Account #30311406-445100 and #30311506-445100. The engineer's estimate for this work is $30,000.00. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated June 20, 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 Planting of Shrubs /Perennials at Front Park, Group 676, to Titan Development, the lowest responsible bidder, in the bidder, or :$33,371.00 + 10% unit price increases $3,337.10 for a total award of $36,708..10. Funds for the project are available in Capital Project Account #30311406-445100 and #30311506-445100. Passed. AYES — 9 NOES — 0 NO. 27 REPORT OF BIDS ROBOTIC CAMERAS AND EQUIPMENT This is to advise Your Honorable Body that our department in conjunction with the Division of Purchase advertised for and received bids for robotic cameras and related equipment for use at the Apollo Theatre and in City Hall. Bids received were as follows: Bidder Amount 1. HD Group $79,134.21 2. York Telecommunications $106,216.00 Bid rejected, as equipment to be supplied did not meet specifications This project will, among other things, install robotic cameras and related equipment to create an automated taping and production system similar to the one installed in Council Chambers in 2003. The new system will eliminate the need for camera operators and reduce drastically the man -hours necessary for postproduction work. In addition, the new equipment will enable the meeting tapings to have a more consistent and professional look to the viewers. 1 therefore recommend that Your Honorable Body authorize the Commissioner of Public Works to award a contract to York Telecommunications in the amount of $106,216.00 and funds for this work are available in Capital Project account #35320606- 445100. Mr Bonifacio moved The Commissioner of Public Works award a contract to York Telecommunications in the amount of $106,216 and that the funds for this work are available in Capital Project account #35320606 - 445100 Passed Ayes — 9 Noes — 0 NO. 28 CHANGE IN CONTRACT CITY -WIDE SIDEWALK REPLACEMENT — 2006 GR #658 CONTRACTOR P &J CONSTRUCTION CO INC I hereby submit to our Honorable Body the following unit price additions to the contract for the above named Project. This change order was necessary to install curb /sidewalk at Hutch -Tech High School and Cazenovia Street - Seneca to North Legion. A. South Elmwood (west side) - Johnson Park to Chippewa, Chippewa (north side) - So. Elmwood to Georgia B. Cazenovia Street - Seneca to North Legion Quantities necessary for the completion of defective areas was beyond the original scope of this contract and was unforeseen. A. South Elmwood (west side) - Johnson Park to Chippewa, Chippewa (north side) - So. Elmwood to Georgia Contract Unit Estimated Estimated Item Description Price Quantity Cost 03.21 C Sub -base Course -Type "C" $30 /cu.yd. 80 $2,400 R05.205 Concrete Sidewalk - 5' $5.50 /sq.fl. 6,000 $33,000 R05.206 Concrete Sidewalk - 6" $6.00 /sq.fl. 400 $2,400 R05.220A Metal Reinforcement $0.50 /sq.fl. 400 $220 05.414 Sawing Concrete Sidewalk $2.00 /sq.fl. 100 $200 R07.105RC Granite Curb - NYSDOT $38 /lin.fl. 465 $17,670 Type "C" 5' R07.105RC Granite Curb - NYSDOT $4 I /lin.fl. 60 $2,460 Type "C" 5' Radius 08.210 Slotted Corrugated Plyetheylene $4 /lin.fl. 525 $2,100 Underdrain - 4" 10.275 Street Lighting Pullbox $500 /each. 2 $500 10.998 Galvanized High- Strength $1,000/ 2 $2,000 Couplings & Rods each foundation 11.110 Hydroseed $0.20 /sq.fl. 500 $100 12.110 Maintenance & Protection of $1,000/ 1 $1,000 Traffic lump sum 613.0101 Topsoil $50 /cu.yd. 6 $300 680.620606 Conduit Rigid Plastic, Class 1,2" $8 /lin.fl. 525 $4,200 8502.5014 Sawcutting Asphalt Pavement $3 /lin.fl. 525 $1,575 & Asphalt Overlay on Concrete Pavement 24608.50 Detectable Warning Surface $40 /sq.fl. 20 $800 Total A. $70,925 B. Cazenovia Street- Senecato South Contract Unit Estimated Estimated Item Description Price Quantity Cost R05.204 Concrete Sidewalk - 4" $5 /sq.ft. 3,300 $16,500 R05.205 Concrete Sidewalk - 5' $5.50 /sq.fi. 3,000 $16,500 R07.506 Concrete Curb- 6" replacement $30 /lin.ft. 615 $18,450 R07.506R Concrete Curb- 6" radius repl. $35 /lin.tL 150 $5,250 08.210 Slotted Corrugated Polyethylene $4 /lln.R. 765 $3,060 Underdrain - 4" 08.316 Receiver Replacement $500 /each 2 $1,000 08.316B Receiver Replace - Top Section $250 /each 2 $500 90.500 Miscellaneous Construction Allow. Lump sum 100% $1,873 8502.5014 Sawcuting Asphalt Pavement $3 /lin.ft 765 $2,295 & Asphalt Overlay on Concrete Pavement 24608.50 Detectable Warning Surface $40 /sq.ft 128 $5,120 680.620606 Conduit Rigid Plastic, Class 1,2" $8 /lin.ft. 765 $6,120 Existing Contract Amount Total Change A Total Change Revised Contract Amount $1,367,407 Funds for Item #A - Cazenovia Street - Seneca to North Legion have been approved and are in CDBG Account #33 -50203 and permission is requested to accept a transfer into our Capital Project Account #30032106 - 445100. Funds for Item #B - South Elmwood (west side) - Johnson Park to Chippewa, Chippewa (north side) - So. Elmwood to Georgia are available in our Capital Project Accounts #30310306 - 445100 and #30032106 - 445100. Board of Education to reimburse our Department for sidewalk portion of the work and permission is requested to accept and transfer funds into account #30032106 - 445100. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that your Honorable Body approve the subject Change order and authorize the Commissioner of Public Works to issue said change order to P & J Construction Co., Inc. 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 change orders, to P & J Construction Co., Inc., an increase in the amount of $ 1,367,407 as more fully described in the above communication, for work relating to City -Wide Sidewalk Replacement - 2006, Group #658. Funds for this project are available in CDBG Account #33 -50203 and the Acting Commissioner is requested to accept a transfer to the Capital Project Account #30032106 - 445100 for Item #A. Funds for Item #t3 are available in Capital Project Accounts #30310306- 445100 and #30032106- 445100. The Board of Education will reimburse the Department for sidewalk portion of the work and the Commissioner is requested to accept and transfer funds into account #30032106 - 45100. Passed AYES — 9 NOES — 0 NO. 29 CHANGE IN CONTRACT RICHMOND /FERRY CIRCLE & GATES CIRCLE GROUP #666 C. DESTRO DEVELOPMENT CO., INC. ITEM #36 CCP 6/13/06 1 hereby submit to your Honorable Body the following correction to the above project: Previously reported to Council: $ 248,175.00 base bid $272,992.50 with 10% increase Actual Bid Amount: $298,875.00 base bid $328,762.50 with 10% increase I therefore recommend that Your Honorable Body authorize the corrected bid amount for this project with a 10% unit price increase as set forth above. Funds for this account are available in Capital Project Accounts #30032106 - 445100 and #30310306 - 445100. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated June 19, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to accept the corrected bid amount for this project with the actual bid amount of $298,875.00 base bid,S328,762.50 with a 10% unit price increase. Funds for this project are available in Capital Project accounts #30032106- 445100 and #30310306- 445100. Passed Ayes — 9 Noes — 0 NO. 30 INCREASE IN CONTRACT RIVERSIDE FOOTBALL FIELD RECONSTRUCTION GENERAL CONTRACT NO. 92011266 (NORTH) The field surface of the Riverside Football Field was changed from grass seed to an athletic sport turf sod to accommodate the football activities for the 2007 season. A second bleacher pad was also added at the new tee -ball field: ADD $25,600.00 Installation and 60 day Maintenance of athletic blend big roll sod New 4" concrete bleacher pad $2,268.00 DEDUCT Furnish & Install grass seed on Football Field $- 6,989.00 TOTAL $20,879.00 SUMMARY: Existing Contract Amount $28,300.00 This Increase $20,879.00 New Contract Amount $49,179.00 The Project Manager has reviewed and recommended these changes and costs. Funds are available in Account 39400106445100. 1 recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to issue a change order to Birch Grove Landscaping as outlined above. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated June 19, 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 to Birch Grove Landscaping, an increase in the amount of $20,879.00, as more fully described in the above communication, for work relating to Riverside Football Field Reconstruction, C #92011265. Funds for this project are available in Account 39400106 - 445100. Passed AYES — 9 NOES — 0 NO 31 NEW FEDERAL COURTHOUSE DISTRICT HEATING PROPOSAL ITEM 56 OF CCP 6/12/07 As per the prior item referenced above, please find attached a recent communication from our department to Mr. Arnold Feinsilber. The City of Buffalo is pleased to have the opportunity to submit a proposal for supplying hot water for heating the proposed Federal Court House. The District Heat System has been supplying hot water to City facilities, County facilities and other facilities in the central business district for over seventeen years. As we discussed during our May 15, 2007, phone conference, the heating contract with the Federal Government should be consistent with the agreement already in place with Erie County particularly in regard to the price for hot water. We propose supplying hot water to the new Federal Court House at a rate of $18.50 per million British Thermal Unit ( MMBTU). To account for fluctuations in the cost of fuel, the rate will be adjusted annually based on the NYMEX Winter Strip for natural gas using 2004 -2005 as the base year. Capital costs to extend the District Heat System to the new courthouse facility could be accomplished by having your contractor perform the work or having the City of Buffalo bid /contract the work and be reimbursed or invoiced yearly to GSA as a capacity charge of $42,000. The City of Buffalo District Heat System has ample capacity to meet the 5 MMBTU per hour you required in your May 21, 2007, e- mail. On the loop that would feed the Federal Court House there are five boilers with a cumulative capacity of 66.2 MMBTU per hour. This loops maximum demand, including the Federal Court House, is 21.8 MMBTU per hour leaving a reserve of 44.4 MMBTU per hour. We believe that using the City of Buffalo's District Heat System to heat the proposed Federal Court House would be beneficial to both GSA and the City and show intergovemmental cooperation. Due to the close proximity of our plant the capital costs for interconnection to the system would be minor in nature compared to the scope of your project. Please contact me if you need additional information and we look forward to working with GSA on this project. REFERRED TO THE COMMITTEE LEGISLATION NO. 32 PERMISSION TO PURCHASE STREET LIGHT STANDARDS FORMER NATIONAL GRID BUILDING 535 WASHINGTON ST. National Grid has sold its former headquarters at 535 Washington St. to Iskalo Development Corporation at 5166 main St., Williamsville, NY. Prior to the sale, National Grid had owned the lighting poles, foundations and fixtures located in the city right of way on Washington, Ellicott, Genesee and Huron Streets. In order to maintain the current lighting levels at the request of Iskalo Development, our department would need to purchase the 28 foundations and poles from National Grid to create a standard operational system in this area. Taking into account depreciation /useful life of the poles and foundations, a price of $250.00 each was negotiated with National Grid for the purchase of the street lighting components I therefore recommend that Your Honorable Body authorize our department to purchase the 28 foundations and poles from National Grid at a cost of $250.00 each for a total not to exceed $7,000.00. Funds for this purchase are available in capital project accounts #30032106 and 30310306. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated June 20, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets and the Director of Purchase be, and they hereby are authorized to purchase 28 foundations and poles from Nation Grid at a cost of $250.00 each for a total not to exceed $7,000.00. Funds for this project are available in accounts #30032106 and 30310306. PASSED AYES - 9 NOES -0 NO. 33 TRANSFER OF FUNDS TO BURA SYCAMORE VILLAGE BLASTING CONTRACT #18, CCP 5/15/07 Your Honorable Body previously approved bid results for utility infrastructure blasting related to the Sycamore Village project; Item #18, CCP of 5115107. In order to expedite work on this project we are requesting a transfer of the capital funds approved for this project to BURA CDBG account #8620001S. The amount to be transferred is not to exceed $77,709.50 and is available in capital project account #30311306- 445100. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated June 20, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets request for a transfer of the capital funds to BURA CDBG account #8620001 S be approved. The amount to be approved is not to exceed $77,709.50 and is available in capital project account #3031 306 - 445100. PASSED AYES - 9 NOES -0 NO. 34 CERTIFICATE OF APPOINTMENT Appointment Effective June 20, 2007 in the Department of Public Works, Division of Engineering to the Position of Senior Engineer, Provisional Appointment at the Intermediate Salary of $49,578 Michael Hoffert, 55 Coburg St, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 35 DRUG ASSET FORFEITURE WIRE TRANSFERS CCP# 104, 2/2/88 06 -DEA- 462727 C2 -06 -0048 $1,231.69 06 -DEA- 464348 C2 -06 -0059 1,355.30 06 -D EA- 465100 C2 -06 -0072 1,131.48 06 -DEA- 472180 C2 -06 -0136 2,035.09 06 -DEA- 474496 C2 -07 -0009 8,570.89 07 -DEA- 478069 C2 -07 -0038 1,573.09 07 -DEA- 478146 C2 -07 -0041 2,314.69 TOTAL $18,212.23 The Drug Enforcement Administration (DEA) has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000 - 389001. 15% of these funds have been deposited into SAFF account 10317 for fulfilling initial expenditure under SAFF legislation. The remaining funds will be placed into one or more of the following accounts as deemed necessary by the Commissioner of Police: Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624. REFERRED TO THE COMMITTEE ON FINANCE NO. 36 JUSTICE ASSISTANCE GRANT PROGRAM RENEWAL - YEAR 3 ITEM #25, C.C.P. 03/07/06] As you are aware, the US Department of Justice initiated funding under the Justice Assistance Grant (JAG) Program, which replaced the Byrne Formula and Local Law Enforcement Block Grant Programs. JAG serves as the single funding mechanism for the administration of these grants and the City, last year, in partnership with the County of Erie, Cheektowaga and West Seneca served as the grant applicant and fiscal agent so that the City could retain at least the majority share of funding. This year, for round three funding, the Bureau of Justice has certified that the County of Erie, the City of Buffalo, and the Town of Cheektowaga (West Seneca can now apply directly) as "disparate" and therefore, we must submit a JOINT application for the aggregate of funds allocated to this area. The award this year for JAG Year 3 is $481,596 (a 67% increase from last year) and it must be shared with these government entities who must all agree on the allocation and funding purpose areas, or no one gets the funding. We have successfully negotiated this effort. Again, the City of Buffalo, in order to retain at least the majority of the share of funding it previously received under the Local Law Enforcement Block Grant for 9 years, and from JAG funds awarded over the last two, has been jointly appointed to serve as the Applicant /Fiscal Agent for these funds by the above entities. The application is due by July 2, 2007. In order to file the grant application, which requires notification of the Applicant /Fiscal Agent's governing body, we are notifying you as a mandated requirement by the —feds" under this application process. At this time, we are notifying you that the City of Buffalo will be accepting the funds totaling $481,596 and distributing them (which will be outlined in a Memorandum of Understanding) to each participating entity as follows: City of Buffalo: $446,676 ($180,169 increase over last year) County of Erie: $13,210 (Last year received "0" separately from City) Town of Cheektowaga: (Police Department): $21,710($11,087 increase from last year's award) Any law enforcement or justice initiative previously eligible for funding under LLEBG or Byrne funding is encouraged to be continued and eligible for funding under JAG. The City's allocation will continue to fund initiatives previously funded under the Local Law Enforcement Block Grant such as: Office of Citizen Services (including Save our Streets Program, and an expansion of the Quality of Life programs - $128,536) Drug Courts (25,000), Code of Conduct /Anti Crime Prevention Programs (56,000), Buffalo Police funding includes: Juvenile Prosecutor in the District Attorney's Office ($80,354), funding for salary /fringe of an Attendance Intervention Model (AIM) Officer to work in the schools, $20,000 (Reception Center: Curfew Initiative); $71,000 overtime (gang suppression, working with Attorney General's organized crime task force, curfew, other directed enforcement activities) The feds require a governmental review from the "fiscal" agent, which is the City of Buffalo, prior to the submission of this appliaation. In addition, we were only notified about the availability of this renewal funding in mid -May and had to negotiate and come to terms with other partners as part of this complex grant process before we could present this information to your Honorable Body. Again, we must have your approval as we prepare for the acceptance and spending of these funds, in addition, we must have your approval prior to notifying the Control Board. If you have any questions, please contact Captain Mark Makowski or Maureen Oakley of our Grants Section at 851 -4475. Mr. Bonifacio moved: That the above communication from the Commissioner of Police dated June 14, 2006, be received and filed; and That the Commissioner of Police be, and he hereby is authorized to accept the award of $446,676 from the U.S. Department of Justice. PASSED AYES - 9 NOES -0 NO. 37 RE: D. BONIFACIO - D. AXNER - —THE UP SIDE AND DOWN SIDE OF WIRELESS MESH NETWORKS" (ITEM #47, C.C.P. 4/3/07) AND R. FONTANA- INTELLIGENT VIDEO SURVEILLANCE FOR STATE AND LOCAL GOVERNMENT (ITEM# 51 CCP 4/3/07) Dear Common Council, Thank you for your inviting our Department s comments regarding the aforementioned items. Regarding D. Bonifacio - D. Axner "The Up Side and Down Side of Wireless Mesh Networks" (Item #47, C.C.P. 4/3/07), please be advised that the City's Management Information Systems recently received responses to a Request for Proposals ( "RFP ") for citywide wireless internet connectivity. Those responses are currently under review. Thus, all comments should be referred to the City's Chief Information Officer ( "CIO'), Mr. Robert Leach. At the present time, our Department will defer to him on this matter. Regarding R. Fontana - "Intelligent Video Surveillance for State and Local Government" (Item #51 C.C.P. 4/3/07), please be advised that the City recently received responses to an RFP for an initial installation of 40 video surveillance cameras, and those responses are currently under review. A final determination concerning the successful proposal will be made sometime this summer, and it is anticipated that the installation of the video cameras will occur this fall. Thank you again for inviting our Department's comments concerning these two items. Very truly yours, REFERRED TO THE COMMITTEE ON FINANCE NO. 38 RE R. COZZI -MAIN HURON LLC COMPLAINTS ROOM 101 3160 MAIN ST( #CCP MAY 29, 2007 LACK OF QUALITY OF LIFE CRIME REPORTS (# 100 CCP MAY 29, 2007 Thank you again for your May 30, 2007 correspondence concerning the aforementioned matters. Please be advised that as the attached documentation from the Bereau of Administrative Adjudication shows, the Buffalo Police Department has issued our 195 summonses for Excessive Noise violations this year, including 61 summonses during the month of May. Concerning Room 101, the bar located at 3160 Main Street, please be advised that our records show a total of 14 calls for police service at that location between January 1, 2005 and June 5, 2007; seven (7) of those calls pertained to loud noise. Nevertheless, please be advised that I have forwarded Mr. Cozzi's correspondence regarding Room 101 Chief Arturo Salas, the Chief of E District, where that bar is located, and I have directed him to contact Mr. Cozzi. Our Department seriously shares your concern about Quality of Life violations. As Commissioner of Police, I will continue to emphasize the importance of these issues during my regular meetings with all the District Chiefs and I will direct them to address these issues more aggressively in their respective Districts. Very truly yours, H. McCarthy Gipson REFERRED TO THE COMMITTEE ON LEGISLATION NO. 39 MUNICIPAL CODE VIOLATIONS REPORT (ITEM NO. 95 C.C.P. 02/21/00) Your Honorable Body has asked the Bureau of Administrative Adjudication to file a monthly report indicating the total number of violations cited by the violation type for each department, division and /or office charged with issuing violation notices. Attached are the requested reports for violations cited during the months of November 2006 through May 2007. As you can see from the attached reports, the total summonses issued monthly by the various departments are as follows: TOTAL SUMMONSES ISSUED MONTH SUMMONSES ISSUED 338 Nov 2006 178 Dec 2006 419 Jan 2007 491 Feb 2007 683 March 2007 679 April 2007 602 May 2007 Entered to date REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 40 FOOD STORE LICENSE 1047 GENESEE (FILLMORE) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1047 Genesee (United Express Deli) and fmd that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Bonifacio moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated June 11, 2007, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Towffeek Ali, located at 1047 Genesee Street. PASSED AYES - 9 NOES -0 NO. 41 FOOD STORE LICENSE 1044 GRANT (NORTH) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1044 Grant (Yasin Market) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Bonifacio moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated June 11, 2007, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Abdikadir Mberwa: located at 1044 Grant Street. PASSED AYES - 9 NOES -0 NO. 42 FOOD STORE LICENSE 955 TONAWANDA (NORTH) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 955 Tonawanda (A1- Jenahi Market) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I Fred it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr Bonifacio moved That Al Jenah Market's Application for a Food Store License at 955 Tonawanda is hereby approved PASSED AYES - 9 NOES -0 NO. 43 FOOD STORE LICENSE 139 VERMONT (NIAGARA) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 139 Vermont (God is love Lareference) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Bonifacio moved That God is love Lareference application for a food store license at 139 Vermont hereby approved PASSED AYES - 9 NOES -0 NO. 44 OSTROWSKI-PURC HAS E/RE NTAL OF THE FAIRFIELD LIBRARY ITEM #65, C.C.P. MAY 15, 2007 Dear Councilmembers: I am writing in response to your request for comment on Item # 65, "J. Ostrowski- Purchase /Rental of the Fairfield Library ". I've sent the item with attachment to John Hannon, Director of Real Estate Division, Office of Strategic Planning to prepare a response. It is my understanding that a request will be issued for the Fairfield Library. There has been strong interest in the property. If you have further questions, I would be happy to discuss this matter with you. REFERRED TO THE COMMITTEE ON FINANCE NO. 45 RESTAURANT DANCE CLASS M 445 DELAWARE OGLLICOTT) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Restaurant Dance Class m License located at 445 Delaware and find that as to form is correct. I have caused an investigation into the premises for which said application for a Restaurant Dance Class HI 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 Salvatore Buscaglia. The attached thereto for Salvatore Buscaglia d /b /a Snooty Fox Lounge. 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 11, 2007, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Restaurant Dancing Class II /License to Salvatore Buscaglia d /b /a Snooty Fox Lounge, located at 445 Delaware Avenue PASSED AYES - 9 NOES -0 NO. 46 RESTAURANT DANCE LICENSE (RENEWAL) 532 MAIN (ELLICOTT) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 532 Main (Hyatt Regency Buffalo) for which said renewal application for a Restaurant Dance Class I & II license is being sought and according to the attached reports from the Fire Department, Police Department and Building Inspections, I Fred it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Bonifacio moved That the above communication from the Department of Economic Development, Permit and Inspections Services dated June 11, 2007, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Restaurant Dancing License renewal to 532 Main Street, Hyatt Regency Buffalo. PASSED AYES - 9 NOES -0 NO. 47 RESTAURANT DANCE CLASS ILL 3051 MAIN(UNIVERSITY) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Restaurant Dance Class 111 License located at 3051 Main and find that as to form is correct. I have caused an investigation into the premises for which said application for a Restaurant Dance Class In 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 Robert Duke Jr. The attached thereto for Robert Duke Jr. d /b /a Duke's. 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 11, 2007, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and hereby is authorized to grant a Restaurant Dancing Class III License to Robert Duke Jr. d /b /a Duke's, located at 3051 Main. PASSED AYES - 9 NOES -0 NO. 48 SIDEWALK CAFE LICENSE 1456 -58 HERTEL (DELAWARE) The Common Council approved a sidewalk car6 for the restaurant located at 1456 -1458 Hertel on April 13, 2004 (C.C.P. #103). The restaurant, formerly known as North End Trattoria is now owned by Crystal Marotta (North End Bistro). Ms. Marotta has requested permission to install a similar caf6. The Department of Permit & Inspection Services has no objection to you Honorable Body authorizing the Commissioner to issue a "mere license" to encroach City fight of way provided all conditions in the above mentioned approval are met. Mr. Bonifacio moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated June 12, 2007, be received and filed; and The Commissioner of Economic Development, Permit and Inspections Services be, and he hereby isauthorizedJ: oAsstma22nerglicense2Ltoencroach City right of way provided all conditions are met pursuant to Item No. 103, C.C.P., April 13, 2004 for 1456 -1458 Hertel owned by Crystal Marotta. PASSED AYES - 9 NOES -0 FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO. 49 AUCTION /SCRAP OF POLICE, ENGINEERING & [:INVENTORY & STORES VEHICLES PLEASE BE ADVISED THAT NEW VEHICLES WERE RECENTLY DELIVERED TO THE POLICE DEPARTMENT. THEREFORE, I HEREBY REQUEST AUTHORIZATION TO AUCTION AND /OR SCRAP OLD POLICE VEHICLES. THE LIST IS AS FOLLOWS: P -039, P -073, P -074, P -115, P -126, P -133, P -151, P -163, P -167, P -169, P -221, P -223, P -225, P -226, P -227, P -228, P -229, P -230, P -240, P -303, P -305, P -306, P -308, P -310, P -311, P -312, P -313, P -314, P -322, P -328, P -329, P -333, P -399, P -407, P -411, P -414, P -415, P -431, P -500, P -510, P -511, P -512, P -580, P -584, P -702, P -703, P -729, P -777, P -778, P -779, P -782, P -783, P -798, P -802, P -810, P -812, P -813, P -815, P -816, P -817, P -825, P -924, P -953, P -964 I ALSO REQUEST AUTHORIZATION TO AUCTION AND /OR SCRAP MISCELLANEOUS OBSOLETE VEHICLES FROM ENGINEERING AND INVENTORY & STORES DEPT.'S AS FOLLOWS: E -560, E -593, T- 280 -E, E -581, E -564, T- 700 -CDI, E- 567 -T, E -544, E -595, E- 562 -T, E -577, AF -9405, E -579 IS -302, IS -21, CD -22 Mr. Bonifacio moved: That the above communication from the Director of Purchase dated June t9, 2007, be received and filed; and That the Director of Purchase, be, and she hereby is authorized to auction and /or scrap old Police Vehicles as listed above PASSED AYES - 9 NOES -0 NO. 60 DISPOSAL OF VEHICLES I WOULD LIKE TO DIPSOSE OF THE FOLLOWING VEHICLES BY MEANS OF AUCTION AND /OR SCRAP: Information available for review in the City Clerk's Office EMr. Bonifacio moved: That the above communication from the Director of Purchase dated June 5, 2007, be received and filed; and That the Director of Purchase, be, and she hereby is authorized to auction and /or scrap old as listed above PASSED AYES - 9 NOES -0 NO. 61 RESPONSE TO AUDIT RECOMMENDATIONS AUDIT REPORT - DIV. OF PARKING ENFORCEMENT 1/1/06- 6/30/06 1). For the time frame that Audit used, 171 tickets are potentially eligible for refund from mini -tows that did not happen. You cannot just issue refunds because many people move and do not change their address with the DMV or we don't know for sure who paid the summons. It could be a friend or relative. That is one of the reasons we needed a request for refund. As per the Corporation Counsel we can't vacate a guilty plea. Corporation Counsel waived the affirmative defense and extended the time for a notice of claim. According to the news article in April 2007 only 3 individuals requested a refund. A full review has been completed. We went back to July 2005, reconciled tow records and removed all mini -tow fees that could not be confirmed. 2). At the time of the exit interview it was determined that the Supervisor of Parking Enforcement was not asked to see the voids. Once this was determined the auditors did go back out and verified that yes, in fact the voids were present. 3). When police tow trucks were in the budget of the Division of Parking Enforcement we were able to use the services of police tow truck 422 or 430 on a very, very limited basis because they were constantly busy towing for the police. Now that the tow trucks are in the police budget we have not utilized their services at all. 4). The private contractors are required to submit an invoice itemizing the tows, which we then reconcile against city records. This always was the policy. 5). We currently are utilizing private tow truck companies on a rotational basis. 6). Ticket is voided only after PEO comes back to the scene to meet the tow truck and issues a new ticket for the violation and mini tow. The original ticket is then voided and taken back to the supervisor. 7). Our current procedure has been in place and reviewed by Audit over the past 25 years. City auditors actually helped in setting up guidelines for administrative dismissals. The 6 employees that work at the counter have strict guidelines on tickets that can be administratively dismissed. These procedures are direct with no variation. A report is generated daily that lists all dismissals and the reason and this report is reviewed by the Administrative Assistant daily. We feel that the controls we have in place outweigh the problems that would occur if paperwork was left and possibly misplaced until a supervisor could get to it. Paperwork waiting to be done could, and has, resulted in a citizen having a ticket deemed invalid, but the dismissal was not done and an incorrect billing was generated. REFERRED TO THE COMMITTEE ON FINANCE NO. 62 SALE OF JUNK & ABANDONED VEHICLES BID #313 THE DEPARTMENT OF PARKING ENFORCEMENT HAS FOR SALE ON A CONTINUING BASIS JUNK AND ABANDONED VEHICLES AS DEFINED BY THE NEW YORK STATE VEHICLE LAW, SECTION 1224 -2. BIDS WERE SOLICITED TO 21 COMPANIES AND I RECOMMEND THAT YOUR HONORABLE BODY APROVE TO THE RESPONSIBLE HIGH BIDDER M & M U -PULL IT, WHO WILL PAY THE CITY OF BUFFALO $177.00 PER PASSENGER VEHICLE DELIVERED TO THE SCRAP YARD, $177.00 PER PASSENGER VEHICLE PICKED UP AT THE AUTO POUND, $177.00 PER HEAVY EQUIPMENT DELIVERED TO THE SCRAP YARD, AND $177.00 PER HEAVY EQUIPMENT PICKED UP AT THE AUTO POUND. CONTRACT PERIOD IS JULY 1, 2007 TO JUNE 30, 2008, WITH TWO (2) ONE YEAR RENEWAL OPTIONS. LISTED BELOW IS THE TABULATION OF BIDS OPENED ON 5/30/07: M &M MARKS DIAMOND SOUTH BUFFALO DISPOSAL HURWITZ AUTO PARTS PASSENGER VEHICLES DELIVERED $177.00 $175.00 $140.00 $120.00 PASSENGER VEHICLES PICKED UP $177.00 $175.00 $130.00 $102.00 HEAVY EQUIPMENT DELIVERED $177.00 $175.00 $150.00 $175.00 HEAVY EQUIPMENT PICKED UP $177.00 $175.00 $140.00 $150.00 Mr. Bonifacio moved: That the above communication from the Director of Purchase dated June 18, 2007, be received and filed; and That the Director of Purchase, be, and she hereby is authorized to award a contract for Saleof4un— andAbandone— Vchi— d48t —AoM —M U -Pull It, the highest responsible bidder, as listed above for the period of July 1, 2007 to June 30, 2008 with two (2) one year renewal options. PASSED AYES - 9 NOES -0 NO. 53 WAIVER OF PERFORMACE BOND AS PER SECTION 96 -4 OF THE CITY CHARTER PERFORMANCE BOND REQUIREMENTS, THE DIVISION OF PURCHASE IS REQUESTING PERMISSION FROM YOUR HONORABLE BODY TO WAIVE THE REQUIREMENT OF A PERFORMACE BOND FOR THE PURCHASE OF LIGHT STANDARS ON CONTRACT 7217 WITH KING LUMINAIRE. THIS CONTRACT WAS ESTABLISHED TO COVER THE NEEDS OF ALL SUPPLIES FOR THE DIVISION OF ENGINEERING STREET LIGHT STANDARDS, WHICH ARE TO BE ORDERED ON AN AS NEEDED BASIS. THE AMOUNT EXCEEDS $250,000 REQUIRING COMMON COUNCIL APPROVAL. A BID WAS SOLICITED BY THE DIVISION OF PURCHASE, BY PLACING ALL NEEDS IN ONE BID WE OBTAIN LARGER DISCOUNTS, AND ALSO SAVE DOLLARS BY WAIVING OF THE PERFORMANCE BOND. Mr. Bonifacio moved: That the above communication from the Department of Administration and Finance dated June 18, 2007, be received and filed; and That the Comptroller be, and he is hereby authorized to waive the performance bond requirements for the purchase of light standards on Contract 7217 with King Luninaire PASSED AYES - 9 NOES — 0 FROM THE CITY CLERK NO 54 MINUTES BOARD OF ETHICS Attached please find the minutes of the June 5, 2007 Board of Ethic meeting. Present: Douglas Coppola James Magavern Gerald Chwalinski Eleanor Paterson Excused: Sylvester Harold Alisa A. Lukasiewicz Richard Sullivan City of Buffalo Board of Ethics Meeting June 5, 2007 Guest: Cavette Chambers, Asst. Corporation Counsel Item #1) Roll Call Item #2) Mr. Coppola moved to accept the minutes of the May 1, 2007 meeting seconded by Mrs. Paterson. All were in favor and the minutes were received and filed. Item #3) This item is addressed below. Item #4) The boards' secretary updated the board members on the filing of Annual Disclosure Statements. Each new member appointed to a City Board is mailed a welcome letter on behalf of the Ethics Board along with the proper forms for filing. As of this meeting the filings have been arriving in the Clerk's office in a timely fashion. There are no late files to date. Item #5) The board secretary noted that the BMHA Board responded with a letter to the Ethics Board clarifying that members of the BMHA board file Annual Disclosure Statements with their own board and therefore, are not required to file with the City of Buffalo's Board of Ethics. Mr. Coppola moved to have the item removed from the Item #6) Again, the boards' secretary noted for the board that although she was asked to send Mr. Johnson a 10 -day letter regarding his late filing Mr. Johnson in tam, filed his forms prior to the letter going out placing him in compliance. Mr. Coppola informed Mr. Meyer that the board would need to consider matters for executive session. Mr. Meyer then asked if the board could disclose what the matters are? Mr. Coppola explained that the board has requests for opinions on two matters and a matter under old business to discuss. Mr. Meyer asked for some clarification and upon receiving a response from the board exited the meeting. At this time the board moved into executive session. Upon returning to the record the board first addressed Item #3 under new business. Item #3)Mr. Coppola explained that the board had a matter which it considered under executive session; that upon reviewing the Code appears to be a request for an advisory opinion under 12 -11 C by Commissioner Tobe pertaining to travel to Japan by Mr. Granville. The costs of which is proposed to be underwritten by a not for profit entity known as Buffalo- Kanazawa Sister Cities, Inc. who would pay for Mr. Granville's cost of airfare and some minor costs that the board needs particulars on. He noted that the Buffalo- Kanazawa Sister Cities, Inc. is prepared to accept donations to cover the costs. To date, a private citizen, Dr. James Stephens has donated $300.00 and another source is prepared to make a gift of the remaining balance of $1,850.00, with a total cost estimated to be approximately $2,150.00. Mr. Coppola stated that he would e-mail Mr. Tobe the boards' decision to approve the request with the assumption that the "other source" mentioned in the memo does not have pending or is known by Mr. Tobe or Mr. Granville to be considering future business or has had pending matters with their department within the last 12 months and would await Mr. Tobe's response. The Board is requesting that Mr. Granville submit a transactional disclosure to be attached to his original filing in the City Clerk's Office. Mr. Coppola also noted for the record that with respect to the request for the opinion under 12 -11 C that the board would consider this matter as an advisory opinion and therefore it is not subject to confidentiality. He further stated that Mr. Meyer would be receiving a copy of the opinion along with copies of the e-mail exchange upon request. Old Business: Item #1.) It was decided by the Board during its executive session to issue an opinion to the individual whom requested one. Mr. Coppola asked Ms. Chambers if Corporation Counsel would write a letter expressing the Boards' consideration on weather as a City Inspector this individual is permitted to engage in a private business on his own time of conducting real property inspections of properties located within the City of Buffalo. The Board is advising that in its opinion that such activity would give rise to potential Code violations and for other ethical and policy considerations that it would not regard to inspection of properties located within the City of Buffalo and not outside of the City. Again, Mr. Meyer will receive copies of the opinion after omission of the name of the person who requested the opinion from this board be made. Item #2.) This item will remain on the agenda for further discussion at the Boards' next meeting. The next meeting of the Board of Ethics was set for Tuesday, June 19, 2007 in City Hall, Room 1317 at 9:00 a.m. Meeting adjourned. RECEIVED AND FILED NO. 55 PROPOSED AMENDMENT TO SECTION 12 -24 OF CITY OF BUFFALO CODE OF ETHICS Attached please find a proposed amemdment to section 12 -24 of the City of Buffalo Code of Ethics. June 19, 2007 To The Honorable Common Council of the City of Buffalo: We are writing to recommend amendment of the City's Code of Ethics to remedy a shortcoming in the jurisdiction of the Board of Ethics. Under Sections 12 -21, 12 -24, 12 -25, and 12 -26 of the Code of Ethics, the Board of Ethics is empowered to investigate and adjudicate alleged violations of the Code and, in appropriate cases, to recommend disciplinary action, assess a civil penalty or refer the violation to prosecution as a misdemeanor. These provisions are based in part on Section 94 of the New York Executive Law, which provides for review by the State Ethics Commission of complaints alleging violations of standards of conduct prescribed by the Public Officers Law for state officers and employees. In F1 gnn v. State Ethics Commission, 87 NY2d 199, 638 NYS2d 418 (1995), the New York Court of Appeals held that the State Ethics Commission lost jurisdiction over a state officer when he retired from state service during the course of an investigation by the Commission. We have recently determined that under the rationale of the decision, the Board of Ethics lacks jurisdiction over former City officers and employees in respect to alleged violations of the Code of Ethics during their employment by the City. Two years ago, the State Legislature amended Section 94 of the Executive Law to address this problem at- the —state level by extending —the jurisdiction of the State Ethics Commission to ethical violations by former state officers and employees during their state service (Laws of 2005, chapter 165). We recommend a similar amendment to the City's Code of Ethics. To that end, we enclose a proposed new Subdivision D of Section 12 -24. Thank you for your consideration. Respectfully yours, BOARD OF ETHICS REFFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL NO. 56 MAYOR BYRON W. BROWN OUT OF TOWN TRAVEL Pursuant to Section 4 -4 of the City of Buffalo Charter, I hereby designate Corporation Counsel Alisa Lukasiewicz to perform the Mayor's duties from the evening on Tuesday, June 19, 2007 until the afternoon of Sunday, June 24, 2007. 1 will be out of town and will return to the office on Monday, June 25, 2007. RECEIVED AND FILED NO. 57 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 297 Franklin St None Paul A. La Morticella RECEIVED AND FILED NO. 58 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 Public Works, Streets & Parks- Patrick Kelly X Police- David Cegielski, Lissa Redmond X Corporation Counsel- Juanita Goodwin X Administration, Finance & Urban Affairs- Francis R. Angelo RECEIVED AND FILED. NO. 59 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: XBuffalo Sewer Authority RECEIVED AND FILED. NO. 60 APPOINTMENTS - MAYOR'S YOUTH OPPORTUNITY & EMPLOYMENT I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. RECEIVED AND FILED. CERTIFICATE OF APPOINTMENT Appointment effective June 18, 2007 in the Department of Community Services & Recreational Services Division of Youth to the position of Intern II, Seasonal, Unclassified at the Flat Starting Salary of $7.15/hr Ronald Miner, 267 Loring Avenue, Buffalo, NY 14214 Marren McParlene, 38 Eaglewood, Buffalo, NY 14220 Cordell Hall, 37 Freeman Street, Buffalo, NY 14216 Erik Serrano - Cardona, 976 Lafayette Avenue, Buffalo, NY 14209 Amber Poole, 522 Swan Street, Buffalo, NY 14204 Jacqueline Wozniak, 5 Wildwood PI, Buffalo, NY 14210 Ysiff Jones, 933 West Avenue, Buffalo, NY 14213 Tamara Jackson, 70 Langfield Dr, Buffalo, NY 14215 Natalie Jackson, 22 Oxford Ave, Buffalo, NY 14209 Xavier Hunter, 528 Best St, Buffalo, NY 14208 Andrew Lewis Jr, 427 Olympic, Buffalo, Ny 14215 Cordale Coles, 147 Clarence Ave, Buffalo, NY 14215 Lauren Cahee, 2439 Delaware Apt 203, Buffalo, NY 14216 Marcus Hall, 37 Freeman Street, Buffalo, NY 14215 Chazity Fluellen, 128 Crowley St, Buffalo, NY 14207 Melzetta A. Eve, 184 Jewett Pkwy, Buffalo, NY 14214 Nicholas Domiano, 163 Esser Ave, Buffalo, NY 14207 Courtney House, 31 Freeman St, Buffalo, NY 14215 Jonathan Gould, 685 South Ogden Street, Buffalo, NY 14206 Steven Gerard, 208 Weimer Street, Buffalo, NY 14206 Saundra Adams, 375 Pine Ridge Rd, Buffalo, Ny 14225 Richard Baker, 56 Rose St, Buffalo, NY 14204 Rydell Baker, 56 Rose St, Buffalo, NY 14204 William Conroy, 373 Cumberland, Buffalo, NY 14220 Edward Byrd, 215 Lisbon Ave, Buffalo, NY 14215 David Bennett, 1276 Seneca, Buffalo, NY, 14210 Anton Coleman, 7 Marine Dr Apt 10c, Buffalo, NY 14202 JaNay Carswell, 92 Woods, Buffalo, NY 14211 Charles Cannan, 825 Tacoma Avenue, Buffalo, NY 14216 Natalie Garcia, 976 Lafayette Avenue, Buffalo, NY 14209 Delorian Morrell, 188 Jewett Parkway, Buffalo, NY 14214 Brittany Lumadue, 148 Sterling Avenue, Buffalo, NY 14216 Jeffrey Tyler, 47 South Pontiac St, Buffalo, NY 14206 Matia Senyonga, 107 Maryner Homes, Buffalo, NY 14201 Elizabeth Santos, 370 Hudson St, Buffalo, NY 14201 Jaime Serrano - Cardona, 976 Lafayette, Buffalo, NY 14209 T'Challa Radford, 8 Norway Pkwy, Buffalo, NY 14209 Natasha Roberts, 269 Loring Avenue, Buffalo, NY 14214 Talina Berry, 103 Northampton, Buffalo, NY 14209 Davon Franklin, 263 Sycamore St, Buffalo, NY 14204 Antuana Rhodes, 152 Phyllis Ave, Buffalo, NY 14214 Janelle Reed, 14 Amsterdam, Buffalo, NY 14215 Atoya Newman, 430 14 St, Buffalo, NY 14213 Amy Nelson, 265 Lisbon, Buffalo, NY 14215 Randy Muldrow, 107 Williams Price Pkwy, Buffalo, NY 14214 Elizabeth Korona, 360 Amherst St, Buffalo, NY 14207 Alex Kellman, 256 Lisbon Ave, Buffalo, NY 14215 Rodney Pierce, 22 Bennett Village, Buffalo, NY 14215 Chanquanna Gayle- Jones, 194 Wyoming, Buffalo, NY 14215 Davis Hough, 31 Ashland, Buffalo, NY 14222 Michael St Rose, 38 Rees Street Apt B, Buffalo, NY 14213 LaShandra Williams, 4 Maryner Towers Apt 203, Buffalo, NY 14201 Tovah Thompson, 38 Rees St, Buffalo, NY 14213 Lamar Stokes, 271 Lemon, Buffalo, NY 14204 Evelyn Smith, 319 Edison Avenue, Buffalo, NY 14215 CERTIFICATE OF APPOINTMENT Appointment effective June 25, 2007 in the Department of Community Services & Recreational Services Division of Youth to the position of Intern II, Seasonal, Unclassified at the Flat Starting Salary of $7.15/hr Kristina Adney, 60 Bird Ave, Buffalo, NY 14213 Sean Adymy, 80 Tamarack St, Buffalo, NY 14220 Dinita Cotton, 138 Leroy Ave, Buffalo, NY 14214 Ryan Covell, 25 Polish PI, Buffalo, 14210 Racheal Cowell, 14 Wasson St, Buffalo, NY 14210 Chanel Crespo, 54 S. Domedion, Buffalo, NY 14211 Kennisha Crump, 130 Floss Ave, Buffalo, NY 14215 Shanneska Cruz, 25 Progressive St, Buffalo, 14207 Michelle Brundo, 103 Humason, Buffalo, NY 14211 Marion Bryant, 219 Woodward Ave, Buffalo, NY 14214 Raynard Bryant, 64 Brunswick, Buffalo, NY 14208 Brittney Buchanan, 373 Perry St, Buffalo, NY 14204 Steven Buchanan, 61 Stevens Ave, Buffalo, NY 14215 Maurice Buchanan, 373 Perry St, Buffalo, NY 14204 James Buckley, 98 Fennimore St, Buffalo, NY 14215 Dalphne Buckey -St Aubin, 116 Erb St, Buffalo, NY 14215 Yuliya Bulava, 70 Prospect Ave, Buffalo, NY 14201 Tana Bull, 170 Auburn Ave, Buffalo, NY 14213 Ingrid Burgos, 175 Chicago St, Buffalo, NY 14204 Stephanie Burks, 18 Poplar Ave, Buffalo, NY 14211 Elizabeth Daly, 330 Depew Ave, Buffalo, NY 14214 Colin Danahy, 321 Potter Rd, Buffalo, NY 14220 Tina Akaic, 714 Prospect, Buffalo, NY 14213 Omar Ali, 475 7 th St, Buffalo, NY 14201 Albona Aliu, 543 Military Road, Buffalo, NY 14207 Scott Allen, 98 Geary Street, Buffalo, NY 14210 Robert Allen III, 76 Benwood Ave, Buffalo, NY 14214 Reginald Allen, 397 LaSalle, Buffalo, NY 14215 Jelissa Anaya, 238 Alabama St, # 3, Buffalo, NY 14204 Derrion Andrews, 1663 Hertel Ave #5, Buffalo, NY 14216 Cherish Applewhite, 98 Fennimore St, Buffalo, NY 14215 Gisena Arce, 730 Plymouth Ave Lower, Buffalo, NY 14213 Jacqueline Archie, 23 Trammell Walk, Buffalo, NY 14204 Eduardo Arroyo, 40 Janice Street, Buffalo, NY 14207 Nicholas Brown, 184 Pries Ave, Buffalo, NY 14220 Ramon Brown, 37 LaSalle Ave, Buffalo, NY 14214 Jeffrey Brown, 184 Pries Ave, Buffalo, NY 14220 Jennifer Brown, 219 Greene St, Buffalo, NY 14206 David Brown, 191 Bird Ave, Buffalo, NY 14212 Deurell Brown, 111 Wright Ave, Buffalo, NY 14215 Jillian Brinson, 190 Leroy Ave, Buffalo, NY 14214 Latayshia Brooks, 57 Riverside Ave, Buffalo, NY 14207 Jocelyn Bowman, 15 Cambridge Ct, Buffalo, NY 14204 Dennis Brinkworth IV, 199 Depew Ave, Buffalo, NY 14214 LaToya Beaver, 73 Fuller St, Buffalo, NY 14207 Allyson Blair, 44 Mariner St, Buffalo, NY 14201 Miguel Boyd, 395 Connecticut St, Buffalo, NY 14213 Sylvia Blackwell, 54 New Amsterdam, Buffalo, NY 14216 Michael Bonila, 387 Perry St, Buffalo, NY 14204 Michael Braun, 423 Potomac Ave, Buffalo, NY 14213 Tyler Baugh, 252 Humboldt Pkwy, Buffalo, NY 14214 Dallas Bell, 116 Erb St, Buffalo, NY 14215 James Baskins, 29 Tower St, Buffalo, NY 14215 Kathleen Battel, 64 Fuller St, Buffalo, NY 14207 Keyara Barnes, 319 Colvin Ave, Buffalo, NY 14216 Patrick Barrett, 381 Hastings Ave, Buffalo, NY 14215 Stephen Barker, 619 Bird Ave, Buffalo, NY 14222 Ryan Barleston Jr, 493 Highgate Ave, Buffalo, NY 14215 Rebecca Cutanda, 320 Austin, Buffalo, NY 14207 Jonathan Custard, 20 Edson St, Buffalo, NY 14210 Miranda Wood, 131 Schtrum, Buffalo, NY 14212 Virginia Yancey, 184 Chicago St, Buffalo, NY 14204 Iesha Young, 77 Edison, Buffalo, NY 14215 Marangelly Zambrana, 102 Chenango St Apt 11, Buffalo, NY Aunnisha Powell, 68 Bennett Village, Buffalo, NY 14214 Joshua Toliver, 808 Potomac Ave, Buffalo, NY 14209 Jonathan L. Vazquez, 177 Massachusettes Ave, Buffalo, NY Karen Williams, 503 Winslow Ave, Buffalo, NY 14211 India Moss, 267 C. Langfield Dr, Buffalo, NY 14215 Jamie Pope, 264 Sobieski St, Buffalo, NY 14211 Allen Ferger, 89 Sheifield Ave, Buffalo, NY 14220 Velpo Johnson IV, 90 William Price Pkwy, Buffalo, NY 14214 Charles Lockwood, 477 Minnesota, Buffalo, NY 14215 Frederick Miller Jr., 554 W. Utica St, Buffalo, NY 14213' Mathew Felser, 156 Dorchester, Buffalo, NY 14213 Robert Carney, 102 Milton, Buffalo, Ny 14210 Joshua Carney, 102 Milton, Buffalo, NY 14210 Randall Billups II, 321 Phyllis Ave, Buffalo, NY 14215 Terrell Bolden, 203 Hempstead Ave, Buffalo, NY 14215 Jason Benton, 4 John PaulCt, Buffalo, NY 14206 Evan Berry, 495 Connecticut St, Buffalo, NY 14213 DeAndria Billups, 521 N. Division St, Buffalo, NY 14204 Demarius Billups, 8 Cambridge Ct, Buffalo, NY 14204 Jimmie Adams, 512 Linwood Ave, Buffalo, NY 14209 Nicholas Adgate, 103 Harrison, Buffalo, NY 14210 Samantha Abplanalp, 6 Teresa PI, Buffalo, NY 14210 Gabriel Acevedo, 178 Herkimer, Buffalo, NY 14213 Rita Agostinio, 560 Lindel Ave, Buffalo, NY 14216 Zacharia Ahmed, 103 Barton St, Buffalo, NY 14213 Stephanie M. Arroyo, 163 Fargo Ave, Lower, Buffalo, NY Briana Ayres, 62 Grote St, Buffalo, NY 14207 Jamel Dark, 21 Cambridge Ct, Buffalo, NY 14204 Patrick Davidson, 2805 Main St Apt 3, Buffalo, NY 14214 14213 14213 Ysuf Abdi, 48 Arnold St, Buffalo, NY 14213 Jabril Abdul - Rashed, 505 Wyoming Avenue, Buffalo, NY 14215 Daniel Candelario, 71 Shoshone, Buffalo, NY 14214 Melissa Carbone, 74 Vulcan, Buffalo, NY 14207 Francis Carnevale, 307 N. Park Ave, Buffalo, NY 14216 Jack Carney, 102 Milton, Buffalo, Ny 14210 John Carney, 83 Girard Place, Buffalo, NY 14211 Jordan Carr, 59 Thorton, Buffalo, NY 14215 Tiffany Carroll, 164 Pries Ave, Buffalo, NY 14220 Jordan Carr, 59 Thorton, Buffalo, NY 14215 Kristen Carter, 90 Elgas St, Buffalo, NY 14207 Ryan Casey, 72 Dundee, Buffalo, NY 14220 Kyle Carter, 90 Elgas St, Buffalo, NY 14207 Leslie Castro, 80 Spann St, Buffalo, NY 14206 Nicole Castro, 125 B. Jasper Parrish, Buffalo, NY 14207 Brian C.- DeJesus, 186 Breckenridge St, Buffalo, NY 14216 Nicholas Chapman, 750 Abbott Rd, Buffalo, NY 14220 Alexandra Cherico, 201 Hertel Ave, Buffalo, Ny 14207 Louis Chestnut, 59 Monroe, Buffalo, NY 14206 Phillip Choczynski, 148 Central Ave, Buffalo, NY 14206 Kailah Christian, 1390 Michigan Ave, Buffalo, NY 14209 Marlene Christopher, 105 Ludington St, Buffalo, NY 14206 Heather Chrosniak, 173 Sears St, Buffalo, NY 14212 Jackie Ciallela, 383 Normal Ave, Buffalo, NY 14213 Justin Clements, 40 St Florian St, Buffalo, NY 14207 Richard Clowers, 177 Masten ave, Buffalo, NY 14209 Jason Clyburn, 20 Langmeyer St, Buffalo, NY 14215 Zakeria Cole, 177 Peckham, Buffalo, NY 14206 Krystal Collado, 83 Shoreham, Buffalo, NY 14216 Sharonna Collins, 204 H Donovan Dr, Buffalo, NY 14211 William Conroy, 373 Cumberland, Buffalo, NY 14220 Shalia Cook, 35 Summer Place, Buffalo, NY 14211 Cecily Cordovey, 114 Laird Ave, Buffalo, NY 14207 Tyketia Burns, 174 Zelmer St, Buffalo, NY 14211 Savannia Calhoun, 24 Stanislaus, Buffalo, NY 14212 CERTIFICATE OF APPOINTMENT Appointment Effective: July 2, 2007 in the Department of Community Services & Recreational Services Division of Youth to the Position of Intern II Seasonal Unclassified Flat Starting Salary of $7.15 Abidi -Kadir Isaak 100 Parkdale Ave Buffalo 14213 Adrian Jackson 406 Woodlawn Buffalo 14208 Jillian Mann 142 Ryan St Buffalo 14210 Mixchelle Manos 31 Norman Ave Buffalo 14210 William Loder 174 Zellmer St Buffalo 14211 Dennis Long 31 Olcott Ave Buffalo 14220 Ahmad Basat 369 Fargo Ave Buffalo 14213 Katherine Matos 368 SWAN St Buffalo 14204 Spencer Mays 1344 Kenmore Ave Buffalo 14216 David McKeever 50 Edson Ave Buffalo 14210 Shane McMahon 120 Tuscarora Rd Buffalo 14220 Jaslin McCullough 81 Kingsley St Buffalo 14208 James McDonald 230 Thompson St Buffalo 14207 Jenna Marciano 458 Parkside Ave Buffalo 14216 Julia Marciano 458 Parkside Ave Buffalo 14216 Danielle McEvoy 265 Cumberland Buffalo 14220 Briana McKay 46 Davidson Buffalo 14215 Patrick Maloney 70 Edgewood Ave Buffalo NY 14220 Dawn Mancinelli 58 West Ave Buffalo 14201 Jalen Law 168 Millicent Ave Buffalo 14215 Yves Lebrun 265 Lisbon Ave Buffalo 14215 Zakari Lee 47 Orange Buffalo 14204 Brittany Leisck 107 Baxter St Buffalo 14207 Ashanti Lewis 431 Lisbon Ave Buffalo 14215 Melissa Lippa 31 Woeppel St Buffalo 14211 Dennis Lance 205 Fox St Buffalo 14211 Amanda Laska 42 Schiller St Buffalo 14206 Ashley LaCerais 65 Ludington St Buffalo 14206 Kevin Lambert 11 274 Delaware Ave Buffalo 14214 Chelsea Kwasniewski 42 Fargo Ave Buffalo 14201 Michelle LaBoy 113 Tenth St Buffalo 14201 Cassandra Lopez 48 Progressive Ave Buffalo 14207 Rachel Lopez 1810 Condon Ave Buffalo 14207 Terri Lowe 15 Kane St Buffalo 14204 Jennifer Lozada 35 Whitney PI Buffalo 14201 Trevor Maclin 18 Meadowview Buffalo 14204 Nicholas Macri 5 Dallas Rd Buffalo 14220 Ayana Maddox 237 Barton St Buffalo 14213 Eric Maldonado 334 Massachusetts Ave Buffalo 14213 David Marrelli 103 Woodside Ave Buffalo 14220 Cameron Martin 22 E Depew Buffalo 14214 Dawnette Martin 214 Landon St Buffalo 14208 Kayla Martinez 348 Katherine St Buffalo 14210 David Marks 559 7 Buffalo 14201 Jennifer Marquez 15 Hopeway Buffalo 14201 Emmanuel Mardenborough 192 Crystal Ave Buffalo 14220 Rian Marion 9 Crossman Ave Buffalo 14211 Carlissa Gordon 195 William St Buffalo 14204 Tamaris Gordon 777 William St Buffalo 14206 Charles Frohnheiser 31 Riverview PI Buffalo 14210 Hodan Hussein 204 Potomac Ave Buffalo 14213 Robert Ingram 553 Hopkins Buffalo 14220 Sharifa Johnson 90 William Price Pkwy Thomas Johnson 477Minnesota Buffalo 14215 Demetrius Jones 166 French Buffalo 14211 Dimitrios Jones 72 Nicholson St Buffalo 14214 Stephanie Jones 573 Busti Ave Buffalo 14201 Trina Jones 72 Keystone St Buffalo 14211 Christopher Jackson 104 French Buffalo 14211 Deshawn Jackson 133 Hempstead Buffalo 14215 Lequitta Jackson 111 Lang Ave Buffalo 14215 Nicholas Jackson 181 Newfield Buffalo 14207 Teonie Jackson 527 Northland Buffalo 14211 Dominique James 245 Lisbon Buffalo 14215 Derrick Huff 10 Shirley Ave Buffalo 14215 Stephanie Hurst 81 Rebecca Park Buffalo 14207 Kelley Howard 63 Orange St Buffalo 14204 LaTraundra Hudson 242 Hagen St Buffalo 14215 Shanise Edmond 583 Minnesota Buffalo 14215 Patrick Edmunds 73 Kingston PI Buffalo 14210 Michael Escabi 589 Fulton Buffalo 14210 Wayne Fears 9 Eaton St Buffalo 14209 Katie Felschow 245 O'Connell Ave Buffalo 14210 Brittani Ferguson 252 Eggert Rd Buffalo 14215 Magdalina Fernandez 106 Fargo Ave 14201 Darryl Fortner 387 Sherman St Buffalo 14212 Patrice Franczyk 62 Treehaven Rd Buffalo 14215 Alexander Frank 44 Covington Rd Buffalo 14216 Elnora Gaiser 531 Ontario St Buffalo 14207 Daniel Gallagher 47 Dempster Buffalo 14206 Kevin Gallagher 141 Carlyl Ave Buffalo 14220 Breanna Garner 184 Wakefield Buffalo 14214 Ebony Garner 174 Butler Ave Buffalo 14208 Aaron Gartner 70 Woodward Ave Buffalo 14214 Christopher Gempko 32 Grove St Buffalo 14207 Cory Getz 323 14� St Buffalo 14213 Madelyn Eagen 63 Evanston PI Buffalo 14220 Joseph Echevarria 77 Highview Rd Buffalo 14215 Amy Domiano 163 Esser Ave Buffalo 14207 Augustus Donaldson 183 Riverside Ave Buffalo 14207 Aurora Dopp 188 Parkwood Ave Buffalo 14217 Owen Doyle 54 Revere PI Buffalo 14214 Elizabeth Dragone 59 Moreland St Buffalo 14206 Dijon Dunovant 240 Cxomstock Ave Buffalo 14215 Tyree Doggett 247 Howard St Buffalo 14206 Roberta Dombrowski 183 Riverside Ave buffalo 14207 Carmen Diaz 189 Orlando Buffalo 14210 Samuel Diaz 175 Breckenridge St Buffalo 14213 Patrick DiPalma 54 Buffum St Buffalo 14210 Antonisha Dixon 53 Leonard St Buffalo 14215 Aayssa Diaz 25 Progressive St Buffalo 14207 Barbara Diaz 292 Newfield St Buffalo 14207 Jordan Davis 395 Hoyt St Buffalo 14213 Tawandra Davis 125 Elk St Rear Buffalo 14210 Derek Delk 19 Bedford Ct Buffalo 14204 Jackie Dettman 259 Fillmore Buffalo 14206 Rafael Davila 42 Rano St Buffalo 14207 Jocelyn Davis 175 May St Buffalo 14211 Ariana Mohr 80 Baxter Buffalo 14207 Regina Pendergrass 348 Newburgh St Buffalo 14215 Brenna Holiday 98 Arden Ave Buffalo 14207 Eusehio Morales Jr 51 Lakeview Ave Buffalo 14201 Jeffrey Moody 253 Lisbon Ave Buffalo 14215 Victor Montes 145 Arkansas St Buffalo 14213 Giovanni Montalvo 129 Crystal Buffalo 14220 Patrick Moran 77 Millford St Buffalo 14220 Fransheska Moralea 135 Debra Ln Buffalo 14207 Christina Moreno 558 Fargo Ave Buffalo 14213 Joshua Morano 302 Crowley Buffalo 14207 Anthony Mirabelli 32 Clatyton St Buffalo 14207 Lee Mohn 130 Choate Ave Buffalo 14220 Guenevere Peete 32 Federal Buffalo 14215 Lynia Patterson 612 Wyoming Buffalo 14215 Darryl Overton 235 Cambridge Buffalo 14215 Veronica Ortiz 4 Maryner Towers Buffalo 14201 Jamie Ortiz 925 West Ave Buffalo 14213 Joseph Oakley 501 Linwood Ave Bufalo 14209 Henry Nunewz 88 Tacoma Buffalo 14216 Breonna Norwood 77 William Price Pkwy Buffalo 14214 Jaton Newton 559 E Amherst Buffalo 14215 Michael Nelson 33 Fillmore Ave Buffalo 14210 Laura Natoli 82 Commonwealth Ave Buffalo 14216 Bilal Musse 376 Grant St Buffalo 14213 Mubarak Muhammad 243 Shumway St Buffalo 14212 Kyle Muhammad 375 Grider Buffalo 14215 Dianela Moya - Ginarte 161 Marine Dr Buffalo 14202 Daniel Mostiller 41 Leroy Ave Buffalo 14214 Devinb McCrea 57 Academy Rd Buffalo 14211 Michael McCarthy 61 Cushing PI Buffalo 14220 Chapricia McAdory 531 E Amherst Buffalo 14215 Latasha Grimes 56 Hayward St Buffalo 14204 Corrine Carter 90 Elgas Buffalo 14207 Dominique Gray 178 Strauss St Buffalo 14212 Keyon Mcarley 293 Phyllis Ave Buffalo 14215 Kristian Medina 452 Breckenridge St Buffalo 14213 Edwin Melendez 331 Crawley Ave Buffalo 14204 Desmon Merchant 164 Hastings Buffalo 14215 Alysha Merville 279 Cable St Buffalo 14206 Nathan Mieth 239 Weiss St Buffalo 14206 Sandra Miller 57 Orange St Buffalo 14204 Betzabel Medina 239 W Delavan Buffalo 14213 Carmen Medina 59 Trinity PI Buffalo 14201 Mallory McManus 223 Dearborn Buffalo 14207 Bachia McMillan 68 Goemble Buffalo 14211 Gabrielle Hennegan 219 Olympic Ave Buffalo 14215 Willie Hemphill 14 C St Buffalo 14211 Brittany Holewka 45 Kenefick Buffalo 14220 Nakiyah Holman 43 Sattler Ave Buffalo 14211 Kevin Cummings 69 John Paul Ct Buffalo 14206 Kenny -Ray Curry 196 Butler Ave Buffalo 14208 David Custard - Jarosz 20 Edson Buffalo 14210 Danielle Girst 471 Sherman St Buffalo 14211 Patrick Givhan 190 Shirley Ave Buffalo 14215 Anthony Glosek 61 Turner Ave Buffalo 14220 Brandon Goden 320 Hoyt St Buffalo 14213 Tatiana Goldsmith 181 Royal Ave Buffalo 14207 Evelyn Gonzalez 372 Trenton Ave Buffalo 14201 Kayla Gonzalez 120 15 St Buffalo 14213 Caitlin Goodrich 56 Pavonia Buffalo 14207 Mansa Habeeb 441 Highgate Ave Buffalo 14215 Marcellous Hairston 4 Lakeview Ave Buffalo 14201 Shawnetell Haley 657 E Utica St Buffalo 14211 Bruce Hall 316 Cornwall Ave Buffalo 14215 Diamond Hamilton 225 Hempstead Ave Buffalo 14215 Aleeah Harris 115 Mortimer Buffalo 14204 Bethany Harris 422 S Division St Buffalo 14204 David Harrison 111 Edgewood Ave Buffalo 14220 Shirley Hart 209 Doat St Buffalo 14211 Alyssa Hartzell 97 Rosedale St Buffalo 14207 Eric Hermanson 221 Newfield St Buffalo 14207 Crystal Hernandez 396 14 St Buffalo 14213 Erica Hernandez 316 Esser Ave Buffalo 14207 Jamel Hernandez 288 West Tupper Buffalo 14201 Michael Hernandez 82 Hudson St Buffalo 14201 Sonia Hernandez 41 Parkdale Buffalo 14213 James Hicks 253 Schuele Buffalo 14215 Jacobb Hill 67 Ross Ave Buffalo 14207 Emily Kocur 61 Bogardus Buffalo 14206 William Korona 360 Amherst St Buffalo 14207 Kaitlin Krug 43 Ward Ct Buffalo 14220 Nicole Kurdziel 108 Schiller St Buffalo 14206 Tyler Kirsch 756 Cresent Ave Buffalo 14216 Nicholas Knezevic 58 Crystal Ave Buffalo 14220 Stephen Kendall 48 Beard Ave Buffalo 14214 Aneidra King 82 Peace St Buffalo 14211 Christine Juarbe 45 Lakeview Ave Buffalo 14201 Judith Kalinowski 341 Marilla St Buffalo 14220 Robert Keefe 1529 Seneca Buffalo 14210 Ashley Kelly 367 Huntington Buffalo 14214 Damian Jefferson 124 Dunlop Ave Buffalo 14215 Mark Jeter 87 Peach St Bufalo 14214 Ardena Johnson 120 Vermont Buffalo 14213 Arian Johnson 11 Treehaven Rd Buffalo 14215 Dejoniece Johnson 76 Bame Ave Buffalo 14215 Isaiah Johnson 374 Doat Buffalo 14211 Khirsten Johnson 60 Wecker St Buffalo 14215 Lakia Johnson 352 Hewitt Ave Buffalo 14215 Andrea Grayson 481 E Utica St Buffalo 14208 Helena Green 82 Elmer Ave Buffalo 14215 Kevin Guy 463 Hewitt Ave Buffalo 14215 Sean Guthrie 31 Albermarlest Buffalo 14207 Michael Richardson 3067 Alabama St Buffalo 14204 Jason Rinard 58 Fuller St Buffalo 14207 Kareemah Perry 188 East Utica St Buffalo 14208 Jasmine Peterson 120 Bickford Buffalo 14215 Jon Rivera 5 Jersey St Buffalo 14201 Jourdan Rivera 76 Johnson Park Buffalo 14201 Jayquan Rivera 83 Interpark Buffalo 14211 Joel Rivera 65 Hampshire Buffalo 14213 Alexis Reynolds 5 Trammell Walk Buffalo 14204 Brianna Richardson 264 Oakmont Buffalo 14215 Jerod Ritchie 167 Thompson St Buffalo 14207 Eric Rivera 268 West Tupper Buffalo 14201 Lyndsey Prenatt 106 Doyle Buffalo 14207 :uke Pries 26 Breckenridge Buffalo 14213 Yolanda Reed 79 Oakgrove Ave Buffalo 14208 Luis Reyes 103 Mayer Ave Buffalo 14207 Tamar Redden 60 Lemon St Buffalo 14204 Morris Reed 125 Berkshire Buffalo 14215 Sean Quinlivan 429 Eden Buffalo 14220 Helen Quinones 50B Carolina St Buffalo 14201 Kathleen Radwan 48 South Ryan Buffalo 14210 Evelyn Ragland 468West Ferry St Buffalo 14213 Domingo Ramirez 78 Fargo Buffalo 14201 Prince Juan Frank 199 Whitney Buffalo 14201 Larry Prince 128 Durham Ave Buffalo 14215 Lace Prude 83 Fernhill Ave Buffalo 14215 Angelica Rosa 586 7 th St Apt 1 Buffalo 14201 James B Holiday 98 Arden Ave Buffalo 14215 Joel Roman 225 West Ave Buffalo 14201 Roman Richelle 62 Gallatin Ave Buffalo 14207 Snivell Pierce 22 Bennett Village Terr Buffalo 14214 Meagan Pukrywa 88 Milburn St Buffalo 14212 Amanda Peete 35 Federal Ave Buffalo 14215 Mellisa Piechowicz 1439 South Park Buffalo 14220 Marcy Perez 201 Prospect Ave Buffalo 14201 Princeton Perkins 31 Leroy Ave Buffalo 14214 Rayshaun Rogers 246 Northland Buffalo 14208 Kevin Rollins 11 79 Courtland Ave Buffalo 14215 Isis Rodriguez 315 Herkimer Buffalo 14213 Jessica Rodriguez 601 N Division Buffalo 14201 Dakota Roberts 1677 Clinton St Buffalo 14206 Julius Roberts 400 Seneca Buffalo 14204 Emma Rodriguez 235 Whitney Buffalo 14201 Heriberto Rodriguez 301 West Tupper Buffalo 14201 Carlos Rodrigues 51 18 St Buffalo 14213 Emily Rodriguez 212 Camden Ave Buffalo 14216 Eduardo Sanchez 627 Linden Ave Buffalo 14216 Joseph Sanchez 330 Vermont St Buffalo 14213 Kristi Sanchez 1406 South Park Ave Buffalo 14220 Alaric Santiago 30 Como Ave Buffalo 14213 Jose Santiago 63 Maryner Homes Buffalo 14201 Joey Santiago 165 Breckenridge St Buffalo 14213 Angelica Santiago 435 Perry St Apt 3 Buffalo 14204 Martha Sawicki 83 Laird Ave Buffalo 14207 Felicia Scheck 189 Lockwood Ave Buffalo 14220 Cody Schmidt 32 Kanafick Ave Buffalo 14220 Joshua Scott 722 Taunton Buffalo 14214 Abraham Shafie 225 Vermont St Buffalo 14213 Tonya Simmons 28 Newburgh St Buffalo 14211 Kevin Skinner 150 Wilkes Ave Buffalo 14215 Royce Roberts 275 Davidson Buffalo 14215 Rebecca Robles 715 Prospect Buffalo 14213 Roche Andrew 131 Wellington Buffalo 14216 Angel Rodriguez 124 18 St Buffalo 14213 Noel Rodriguez 50 Knox Ave Buffalo 14216 Iliana Rodriguez 3215 Herkimer St Buffalo 14213 Kevin Peterson Jr 120 Bickford Ave Buffalo 14215 Olivia Rodriguez 56 Lovering Buffalo 14216 Jordan Skotarczsak 80 Coolidge Rd Buffalo 14220 John Smierciak 105 Ludington St Buffalo 14206 NO. 61 NOTICES OF APPOINTMENTS - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEWED AND FILED. CERTIFICATE OF APPOINTMENT Appointment Effective June 11, 2007 in the Department of Assessment and Taxation to the position of Clerk, Seasonal at the flat starting salary of $8.15/hr Angela C. Cramer, 306 East St Upper, Buffalo, NY 14207 CERTIFICATE OF APPOINTMENT Appointment Effective June 18, 2007 in the Department of Public Works, Division of Buildings to the position of Laborer 11, Seasonal at the flat starting salary of $8.15/hr Susan Machin, 325 Dearborn St, Buffalo, NY 14207 CERTIFICATE OF APPOINTMENT Appointment Effective June 11, 2007 in the Department of Public Works, Division of Engineering to the position of Laborer 11, Seasonal at the flat starting salary of $8.15/hr Julian Perez, 334 Massachusetts Avenue, Buffalo, NY 14213 NO. 62 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. CERTIFICATE OF APPOINTMENT Appointment effective June 4, 2007 in the Department of Police to the Position of School Crossing Guard, Temporary, Non Competitve at the starting salary of $7.09 /hr Kelly Parker, 101 Carlyle Ave, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment effective June 11, 2007 in the Department of Public Works Division of Engineering to the Position of Motor Equipment Mechanic, Permanent Appointment at the minimum starting salary of $28,999 Kevin E. Savage, 41 Dallas RD, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment effective June 11, 2007 in the Department of Public Works Division of Water to the Position of Water Service Worker, Temporary Appointment at the minimum starting salary of $29,038 Phillip Kreuz, 257 Bedford Avenue, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment effective June 20, 2007 in the Department of Audit and Control, Division of Audit to the Position of Administrative Assistant, Permanent, Appointment at the minimum starting salary of $33,545 Judy S. Banks, 584 LaSalle Avenue, Buffalo, NY 14215 NON - OFFICIAL COMMUNICATIONS PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 63 RE: CONTRACT # 92010723 (WEEKLY CURBSIDE COLLECTION OF RECYCLABLES) Dear Mr. Kreuz, Thank you for your time, it was a pleasure speaking with you again on Monday, June 11, 2007. As you are aware the City's Contract referenced above with Allied Waste Services expires on June 30, 2007. The City has sole option to renew the Contract for an extension period of five (5) years (7/1/07 - 6/30/12). Highlights of the Contract are as follows: In the bid specifications the City identified, one hundred seventeen thousand, nine hundred eleven (117,911) units to be serviced weekly. Since the start of the Contract an additional one hundred forty five (145) commercial accounts at no additional cost to the City have been added and serviced weekly. The City currently and for the past five (5) years has paid Allied, $1.10 per unit, per month to perform this service. Should the City choose to exercise its renewal option, the charge to the City would increase to $1.24 per unit, per week and remain the same throughout the renewal period. All other requirements associated with the Contract performance would remain unchanged. An audit for the City conducted by Stearns & Wheeler found us to be in total compliance of the Contract Documents and thus recommended extending the agreement. A recent article in the Buffalo News described our service as being less than acceptable when compared to the City employees who performed the service prior to our Contract. (Sunday's edition, 6/10/07, written by Brian Meyer with comments from North District Councilman Joseph Golombek, Jr.). Councilman Golombek mentions over 2,400 complaints called into the City's Hotline /Complaint line in the past year. Our collection program mirrors the City's solid waste collection program with regard to service days, meaning service is provided five (5) days per week, fifty -two (52) weeks per year or two hundred sixty (260) days per year. In no way are we saying that we have been without error but if in fact all of the calls were legitimate complaints, simple 2321 Kenmore Avenue -P.O. Box 571 Kenmore, NY 14217 716.614.3333 / FAX 716.614.3378 www.disposal.corn division tells us that our percentage of satisfactory service to City residents is in excess of ninety -nine percent (99 %) on a regular basis. With less than three (3) weeks remaining in the Contract term, 1 look forward to meeting with City officials at your earliest convenience to further discuss and /or answer any questions. Please do not hesitate to contact my office to hopefully resolve this situation in the best interests of City residents and to both parties satisfaction. RECEIVED AND FILED NO. 64 P BROWN APPRENTICE LAW INFO Enclosed are the numbers of Apprentices, who reside in the City of Buffalo, we have them separated by trade. Also included is the job bid results from several jobs over $100,000. As you can see all the jobs came in under budget except one that was for over $1 million dollars and would have fallen under the apprentice law at any rate. The law seems to be working with good results after only 1 year. Despite some opposition, if this law was made permanent it would Onlysave the city more money and increase the amount of city residents in apprenticeship programs. Copies available in Council Staff room 1413 City Hall RECEIVED AND FILED NO. 65 B. DAVIS - MOLINA NOTICE OF CLAIM 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 Councilmember REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DIRECTOR OF TELECOMMUNICATIONS NO. 66 SUPPORT US SOLDIERS USE OF BODY ARMOR VESTS Honorable Governor Spitzer: At the June 11, 2007 meeting of the West Seneca Town Board, the board members unanimously adopted the enclosed resolution in support of U.S. soldiers' use of the Spartan II body armor vests. Your support and assistance in this matter would be greatly appreciated. Sincerely, Patricia C. DePasquale, RMC /CMC Town Clerk RECEIVED AND FILED NO. 67 NYS EPF GRANT APPLICATION 2007 FOR THE NATIONAL HISTORIC LANDMARK FIREBOAT EDWARD M. COTTER Dear Commissioner Ash: I am please to submit the enclosed Environmental Protection Fund grant of $350,000 for the rehabilitation of the City of Buffalo's 1900, National Historic Landmark Fireboat, the Edward M. Cotter. The Fireboat Cotter requires substantial overhaul to keep it seaworthy so that it can continue to provide firefighting and icebreaking services on the Buffalo Waterfront as she proudly begins her second century of service. The Fireboat Cotter is not only the oldest active fireboat in the world; it still has a critical role to ply in the future in protecting public safety and in providing public access on Buffalo's waterfront. These roles support and interweave with the collaborative efforts of the federal, state, and local government in the Erie Canalway National Heritage Corridor, the Canal Corporation's Erie Canal Greenway, State Parks' Niagara River Greenway, and Empire State Development's Erie Canal Harbor Project. The project will provide access to the public to learn about over a century of Buffalo waterfront firefighting history and add to the heritage tourism projects currently underway in Buffalo at the Erie Canal Harbor project. This project fulfills so many of the your and the Governor's Buffalo waterfront, Erie Canalway and Niagara River Greenway initiatives. Support from the EPF will secure sizable private and foundation grants for this project. I look forward to partnering with New York State on this important project. RECEIVED AND FILED NO. 68 D. FRANCZYK FIREBOAT COTTER NYS PARKS EPF GRANT REQUEST Dear Commissioner Tobe: New York State Parks has advised that the Friends of the Cotter should resubmit an Environmental Protection Fund application for the 2007 round of funding, which is due Friday, June 29, 2007. Our office has been engaged to create the application. We respectfully request your assistance in preparing the application, as you did in 2006. You may recall that in 2006 the Friends of the Cotter and the City of Buffalo submitted a grant application for the Cotter Restoration project. In this region, 8 projects were submitted to NYS Parks and the top 3 were funded. The Cotter application was the next on the list for funding. As the owner of the fireboat, the City of Buffalo is the applicant with the Friends of the Cotter. As you requested with the 2006 application, enclosed please find: 1. 2007 letter from the Friends guaranteeing their responsibility to match the grant amount if funded. 2. Copy of the municipal resolution & certification of 5/26/06 that was submitted with application last year - We will need a similar form for this year's application 3. Copy of the City Clerk's form of 7/26/06 that was forwarded to and accepted by NYS Parks after the submittal of application 4. Copy of the cover letter signed by the Mayor and submitted. We will need an updated letter (on attached disk) signed by the Mayor 5. Copy of the 2006 application, which will be updated to 2007 and resubmitted. Thank you for your assistance, once again, with this important grant application for the Cotter. Please contact me with any questions. RECEIVED AND FILED NO. 69 M. KEARNS- COUNCIL REP ON ERIE CANAL HARBORDEVELOPMENT Dear Honorable Governor Spitzer: At the Buffalo Common Council meeting held on Tuesday, October 3, 2006, the following resolution, sponsored by fellow Councilmember Joseph Golombek, Jr. and I, was adopted: "Having a Council Representative Serve on the Erie Canal Harbor Development Corporation" (Original Item #157, C.C.P. 10/3/06; Currently Tabled in Waterfront Committee as Item #94, C.C.P. 10/31/06). Briefly, this resolution asked that the Erie Canal Harbor Development Corporation ( ECHDC) place representation from the Common Council and the Mayor of Buffalo on the ECHDC Board of Directors, as required by the terms of the legal settlement reached between the City of Buffalo and the Niagara Frontier Transportation Authority (NFTA). When first formed, the ECHDC Board consisted of seven individuals, six of whom were from the private sector. Since then, the Board was expanded to include the Erie County Executive and the Mayor of Buffalo; however, these two members do not have voting privileges. Representation from the Common Council has yet to occur. I received a response on 10/17/06 from Charles F. Rosenow, President of the ECHDC stating "it was too early to offer any opinion on matters of concern to the City." He wrote, "We will carefully consider your points of view as we set up these discussions." Governor, I ask at this time for your input on this proposal: Given the importance of developing Buffalo's waterfront, and the fact that I believe that some projects will require some form of Common Council approval, representation from the Common Council on ECHDC Board of Directors "For the People" would be helpful in terms of providing communication to the Council regarding waterfront projects. A suggestion from you may make a difference and help this come to fruition. Thank you for your anticipated response to this matter. Sincerely, REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 70 P. WOLF APPEAL OF DENIAL OF CERTIFICATE OF EXCEPTION OF AND CONDITIONS OF CERTIFICATE FOR 72 -76 PEAR ST Dear Commissioner Tobe: Please. be advised, prior to the implementation of the above referenced project, the requirements of the New York State Environmental Quality Review Act (SEQRA) must be satisfied. The project as defined by SEQRA is an unlisted action for which a coordinated review will be completed. As per section 617.6 of the regulations, an agency responsible for determining the effect of this project on the environment must designate from among the involved agencies within 30 calendar days of the date of this letter. It is the intent of the City of Buffalo Common Council to assume Lead Agency status for this project. The Environmental Assessment Form is enclosed for your review. If your agency /department has no objection to the designation of the City of Buffalo Common Council as Lead Agency, please sign this letter and return it to my office at Room 1413 City Hall, Buffalo New York 14202. The City of Buffalo Department of Economic Development, Permit and Inspections Services accepts and approves the designation of the Buffalo Common Council as Lead Agency for the above - referenced project. Appeal of Denial of Certificate of Exception and Conditions of Certificate for 72 -76 Pearl Street Dear Chairman Baer: Please be advised, prior to the implementation of the above referenced project, the requirements of the New York State Environmental Quality Review Act (SEQRA) must be satisfied. The project as defined by SEQRA is an unlisted action for which a coordinated review will be completed. Your agency has been identified as an interested agency. It is the intent of the City of Buffalo Common Council to assume Lead Agency status for this project. The Environmental Assessment Form is enclosed for your review.. If your agency /department has any comments, please forward them to my office at Room 1413 City Hall, Buffalo New York 14202. Sincerely, REFERRED TO THE COMMITTEE ON LEGISLATION NO. 71 P. WOLF APPEAL OF DENIAL OF CERTIFICATE OF EXCEPTION AND CONDITIONS OF CERTIFICATE FOR 72 -76 PEARL STREET Dear Commissioner Tobe: Please be advised, prior to the implementation of the above referenced project, the requirements of the New York State Environmental Quality Review Act (SEQRA) must be satisfied. The project as defined by SEQRA is an unlisted action for which a coordinated review will be completed. As per section 617.6 of the regulations, an agency responsible for determining the effect of this project on the environment must designate from among the involved agencies within 30 calendar days of the date of this letter. It is the intent of the City of Buffalo Common Council to assume Lead Agency status for this project. The Environmental Assessment Form is enclosed for your review. If your agency /department has no objection to the designation of the City of Buffalo Common Council as Lead Agency, please sign this letter and return it to my office at Room 1413 City Hall, Buffalo New York 14202. REFERRED TO THE COMMITTEE ON LEGISLATION PETITIONS NO. 72 E. HOAGLE, OWNER, USE 185 ALLEN ST.OUTDOOR PATIO IN COURTYARD (ELLICOTT) (JULY 3, 2007) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 73 1245 EAST DELAVAN AVENUE Dear Mr. Chwalinski: Would you please file the attached Petitions regarding the above address for the next Council Meeting to be held on June 26, 2007. Your cooperation is greatly appreciated. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF EDPI AND THE ZONING BOARD REGULAR COMMITTEES CLAIMS COMMITTEE MICHAEL P. KEARN, CHAIRPERSON NO. 74 PERSONAL INJURY That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: A 1. A2. Norma Jefferson as the Administrator of the Estate of Sallie M. Riddle v. City et al That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED AYES - 9 NOES -0 NO. 76 PROPERTY DAMAGE That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: B. 1 Charles Buchanan $590.83 B. 2. Sheila Kotrys $370.00 B. 3 Mary Ann Leber $150.35 B. 4. William Mara $172.49 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED AYES - 9 NOES -0 NO. 76 PROPERTY DAMAGE That the above item be, and the same hereby is returned to the Common Council without recommendation B. 5 Marlene Myree $433.44 Mr. Kearns moved that the above item be the same and hereby is to remain on the Table TABLE NO. 77 PROPERTY DAMAGES (TREE RELATED) That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: C.1 Shlomo Amitay $3710.00 C.2 Vincent Coppola $384.36 C.3 Maggie Davis $750.00 C4. Donald Dickerson $1305.00 C.5 Charles Humphrey $769.35 C6. Tatiana Jimenez $1520.11 C. 7 Barbara Kozlowski $1449.00 C.8 Liberty Mutual Ins a /s /o Patricia Davenport $2815.84 C.9 Yolanda Maple $250.00 C.10 Thelma Rounds $1780.00 C.11 Zheng Yu Wang $129.58 C.12 John Zachritz $2316.25 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED AYES - 9 NOES -0 NO. 78 MISCELLANEOUS REIMBURSEMENTS That, upon the recommendation of the Corporation Counsel and the appropriate City Departments, the following claims be paid D. 1 Lisa Garner $4725.00 D. 2 Robyn Gatti $2690.00 D.3 Island Preservation Society of Lovejoy $795.00 D. 4 Unite Auto Credit Corp $6275.00 D.S. Samuel Walker $3100.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED AYES - 9 NOES -0 NO. 79 MISCELLANEOUS INVOICES That, upon the recommendation of the Corporation Counsel and the appropriate City Departments, the following claims be paid: E. 1 Comnetix Inc. $1380.00 E. 2 First Niagara Risk Management $1382.73 E.3. Lane, Fire and Safety $ 228.00That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the mounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED AYES - 9 NOES -0 NO. 80 MISCELLANEOUS F. 1 In the Matter of Firefighter Lee Kirkwood That, upon the recommendation of the Corporation Counsel and this Honorable Body approve the memorandum and 'authorize the payment of supplemental wages to Firefighter Kirkwood until he reaches the age of seventy should he be approved for a wage supplement pursuant to GML §207(a). F.2, Local 282 Funeral Expense Fund. Reimbursement for Funeral Expenses - Firefighter Christopher Dill $11,330.92 That a check be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to Local 282 Funeral Expense Fund Reimbursement for Funeral Expenses. PASSED AYES - 9 NOES -0 CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON NO. 81 APPT ADMINISTRATIVE ASSISTANT (INTER)(COMPT) (CCP# 25,6/12) That Communication 25 of June 12. 2007 be received and Filed and that the permanent appointment of ]eanette Ruperti Stated above at the Intermediate salary of $34,796 is hereby approved. PASSED AYES °9 NOES °0 NO. 82 APPT ASSESSOR (INTER)(ASSESS & TAX) (CCP# 27,6/12) That Communication 27 of June 12, 2007 be received and Filed and that the provisional appointment of Brian A. Sullivan Stated above at the Intermediate salary of $43,886 is hereby approved. PASSED AYES - 9 NOES -0 NO. 83 APPT DATA PROCESSING EQUIPMENT OPERATOR (INTER #3) (MIS) (CCP# 28,6/12) That Communication 28 of June 12, 2007 be received and Filed and that the provisional appointment of Muriel Somma Stated above at the Intermediate salary of $43,886 is hereby approved. PASSED AYES - 9 NOES -0 NO. 84 APPT ACCOUNT CLERK TYPIST (INTER)(PW) (CCP# 37,6/12) That Communication 37 of June 12, 2007 be received and Filed and that the temporary appointment of Deborah Longo Stated above at the Intermediate salary of $28.505 is hereby approved. PASSED AYES - 9 NOES -0 NO. 85 APPT EQUIP OPERATOR (INTER# 3)(PW) (CCP# 38,6/12) That Communication 38 of June 12, 2007 be received and Filed and that the Provisional appointment of John Lombardo Stated above at the Intermediate salary of $30,923 is hereby approved. PASSED AYES - 9 NOES -0 NO. 86 APPT DIRECTOR OF URBAN AFFAIRS (MAX)(AFUA) (CCP# 45, 6/12) That Communication 45 of June 12, 2007 be received and Filed and that the Temporary appointment of Karen Stanley Stated above at the Flat salary of $55,000.00 is hereby approved. PASSED AYES - 9 NOES -0 NO. 87 APPT SENIOR COUNSELOR (INTER #2 COMM SERWREC PROG That Communication 46 of June 12, 2007 be received and Filed and that the Provisional appointment of Nathanial J. Harbin III Stated above at the Intermediate salary of $35,703 is hereby approved. PASSED AYES - 9 NOES -0 NO. 88 NOTICES OF APPT -TEMP, PROV, PERM (CCP# 55, 06/12) That the above item is hereby Received and Filed ADOPTED FINANCE (BRIAN C. DAVIS, CHAIRPERSON) NO. 89 BOND CLOSEOUT (ITEM NO. 16, C.C.P., JUNE 12, 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 received and filed ADOPT NO. 90 CAPITAL DEBT SERVICE FUND DEPOSITS 2007 -2008 FISCAL YEAR (COMPT) (CCP# 17, 06/12) That the above item is hereby Received and Filed ADOPTED NO. 91 PROBLEMS WITH BFI RECYCLING PICK UPS EXC 1 ST RES) (CCP# 125, 06/12) That the above item is hereby Received and Filed ADOPTED NO. 92 NEW YORK STATE LEGISLATIVE EFFICIENCY INCENTIVE GRANT (ITEM NO. 43, C.C.P., MAY 29, 2007) (ITEM NO. 77, C.C.P., JUNE 12, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Davis moved: That the Commissioner of Administration, Finance, Policy & Urban Affairs be, and she is hereby authorized to accept on behalf of the City of Buffalo an Efficiency Incentive Grant in the amount of $10,000,000.00. PASSED AYES — BONIFACIO, DAVIS, FRANCZYK, GOLOMBEK, RUSSELL, SMITH - 6 NOES — FONTANA, KEARNS, LOCURTO - 3 NO. 93 TRANSFER OF FUNDS - PERMITS & INSPECTIONS - CAPITAL OUTLAY- NY RESTORE (ITEM NO. 116, C.C.P., JUNE 12, 2007) That the Comptroller be, and he hereby is authorized to transferred from Permits & Inspections to Restore New York in the sum of $308,416.00. PASSED AYES - 9 NOES -0 NO. 94 DRUG ASSET FORFEITURE WIRE TRANSFERS (POL) (CCP# 20, 04/17) That the above item is hereby Received and Filed ADOPTED LEGISLATION NO. 95 J. SHEPARD, PETITION TO USE 256 ALLEN STREET - TWO OUTDOOR PATIOS (ITEM NO. 64, C.C.P., JUNE 12, 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 19, 2007, the petition of J. Shepard, owner, for permission to use 256 Allen Street for an outdoor sidewalk patio to the front of an existing bar ant place a second outdoor patio on private property to the fight side of the bar be, and hereby is approved WITH THE FOLLOWING CONDITIONS Patio closes at 11:00 am weekdays and 12:00 midnight on Fridays and Saturdays No music on the patio The Bar Door be kept closed at all times A sound barrier be erected PASSED AYES - 9 NOES -0 NO. 96 J. POPIELA, PETITION TO USE 2065 DELAWARE - FREE STANDING SIGNS (ITEM NO. 65, C.C.P., JUNE 12, 2007) That the petition of J. Popiela, agent, for permission to use 2065 Delaware Avenue for a pole sign with the height of 10 ft. and provide landscaping at the base of the sign be, and hereby is approved. PASSED AYES - 9 NOES -0 NO. 97 M. ANDRZEJEWSKI, PETITION TO USE 317 CHOATE - GROUND SIGN (ITEM NO. 66, C.C.P., JUNE 12, 2007) That the petition ofM. Andrzejewski, agent, for permission to use 317 Choate for a 84" x 36" x 60" high ground sign and to provide landscaping at the base of the sign be, and hereby is approved. PASSED AYES - 9 NOES -0 NO. 98 ORDINANCE AMENDMENT - CHAPTER 96 - BONDS AND CONTRACTS (ITEM NO. 111, C.C.P., JUNE 12, 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 19, 2007, the Ordinance Amendment as contained in Item No. 111, C.C.P., June 12, 2007, be and the same hereby is approved. PASSED AYES — DAVIS, FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RUSSELL, SMITH - 8 NOES - BONIFACIO - 1 NO. 99 PROPOSED MASTER NON - EXCLUSIVE USE AND PERMIT FOR MEDAILLE COLLEGE'S PROPOSED NON - EXCLUSIVE USE OF MCCARTHY PARK FOR ATHLETIC AND OTHER PURPOSES (ITEM NO. 131, C.C.P., JUNE 12, 2007) Mr. Fontana moved to receive and file said item ADOPTED NO. 100 FOOD STORE LICENSE - 1981 FILLMORE (ITEM NO. 37, C.C.P., MAY 15, 2007) (ITEM NO. 97, .C.C.P., JUNE 12, 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 recommitted to the Committee on Legislation ADOPTED. NO. 101 USED CAR DEALER- 1275 BAILEY (ITEM NO. 42, C.C.P., JUNE 12, 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 recommitted to the Committee on Legislation ADOPTED. NO. 102 72 -76 PEARL STREET - APPEAL OF DENIAL OF CERTIFICATE OF EXCEPTION AND CONDITIONS OF CERTIFICATE OF EXCEPTION (ITEM NO. 57, 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 recommitted to the Committee on Legislation ADOPTED. NO. 103 E.HUCKABONE- BELMONT SHELTER CORP. -ADD QUALITY OF LIFE ISSUES CAUSED BY IRRESPONSIBLE TENANTS & LANDLORDS (CCP# 38, 02/06) That the above item is hereby Received and Filed ADOPTED NO. 104 J. LEONARDI -BFLO NIAGARA REALTORS - ADDRESSING QUALITY OF LIFE IRRESPONSIBLE TENANTS /LANDLORDS (CCP# 60, 01/23) That the above item is hereby Received and Filed ADOPTED NO. 105 S.GEHL- HOME - RESPONSE - ADDRESSING QUALITY OF LIFE ISSUES CAUSED BY IRRESPONSIBLE TENANTS /LANDLORDS (CCP# 54, 01/23) That the above item is hereby Received and Filed ADOPTED NO. 106 M.WEINER -EC SOC. SERV.- COMMENTS - ADDRESSING QUALITY OF LIFE ISSUES CAUSED BY IRRESPONSIBLE TENANTS /LANDLORDS (CCP# 64, 01/23) That the above item is hereby Received and Filed ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRPERSON) NO. 107 REQ. FOR APPR. -LDA & FOR TRANSFER OF 23 VACANT PARCELS TO HOMEFRONT INC. FOR THE SYCAMORE VILLAGE PROJECT (HRG. 6/26) (CCP# 123 - 6/12/07) That the above item be and the same is returned to the Common Council without recommendation. RECOMMENDED BY THE COMMITTEE ON COMMUNITY DEVELOPMENT. A public hearing has been set, before tlae Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mr. Bonifacio, seconded by Mr. Fontana the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances Scott Johnson, Arthur Robinson - Seneca Babcock Block Club, CM Fontana, CM Davis Mr. Bonifacio now moved that the hearing be closed. Seconded by Mr, Davis CARRIED Land Disposition Agreement and for Transfer of Twenty -Three Vacant Parcels to Homefront, Inc. for the Sycamore Village Project (Item No. 123, C.C.P., June 12, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved that the above item be recommitted to the Committee on Community Development. ADOPTED NO. 108 LAND DISPOSITION AGREEMENT AND FOR TWENTY -THREE VACANT PARCELS IN SYCAMORE VILLAGE (STRAT. PLAN.) (ITEM NO. 4, C.C.P., JUNE 12, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved that the above item be recommitted to the Committee on Community Development. ADOPTED NO. 109 EAST DELAVAN NEIGHBORHOOD PLAN - PART OF THE C TY OF BUFFALO S COMPREHENSWE PLAN (ITEM NO. 7, C.C.P., JUNE 12, 2007) That the Common Council approve the East Delavan Neighborhood Plan as part of the City of Buffalo's Comprehensive Plan. PASSED AYES - 9 NOES -0 NO. 110 RESULTS OF NEGOTIATIONS - 47 GILDER (ITEM NO. 10, C.C.P., JUNE 12, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved that the above item be recommitted to the Committee on Community Development. ADOPTED NO. 111 RESULTS OF NEGOTIATIONS - 444 WOODLAWN (ITEM NO. 13, C.C.P., JUNE 12, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved that the above item be recommitted to the Committee on Community Development. ADOPTED NO. 112 TRANSFER 334 EAST UTICA - FORMER JEFFERSON LIBRARY FROM THE CITY OF BUFFALO TO THE BUFFALO URBAN RENEWAL AGENCY (ITEM NO. 14, C.C.P., JUNE 12, 2007) That the Director of Real Estate be, and he hereby is authorized to transfer 334 East Utica (former Jefferson Library) to the Buffalo Urban Renewal Agency for only one dollar ($1.00); and That 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. PASSED AYES - 9 NOES -0 NO. 113. J. GOLOMBEK -M. GAINER - BUFFALO REUSE - ALTERNATIVE TO DEMO CCP# 60, 6/12 That the above item be the same and is hereby Received and Filed ADOPTED NO. 114 M.KEARNS -TRIP TO MILWAUKEE, WI & CHICAGO, IL (CCP# 63, 06/12) That the above item is hereby Referred to the Committee on Waterfront Development ADOPTED NO. 115 RESULTS OF NEGOTIATIONS - 401 BUSTI (ITEM NO. 6, C.C.P., MAY 29, 2007) (ITEM NO. 105, C.C.P., JUNE 12, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved that the above item be recommitted to the Committee on Community Development. ADOPTED NO. 116 C. VAN NESS- PRES COALITION- OPPOSITION TO BASS PRO, ERIE CANAL (CCP# 59, 05/29) That the above item is hereby Received and Filed ADOPTED NO. 117 BERC BUFFALO NIAGARA ENTERPRISES (ITEM NO. 60, 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 - mentioned item be and the same is hereby received and filed. ADOPTED. NO. 118 BERC MARKETING PLAN (ITEM NO. 62, 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 - mentioned item be and the same is hereby received and filed. ADOPTED. BY MR. DAVIS NO. 119 DISCHARGE FINANCE COMMITTEE "REQ. EXT. OF PILOT AGREEMENT -1995 HERTEL PK ASSOCIATES (ASSESS)" (COM 11, 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 the Finance Committee from further consideration of Item #11, C.C.P. May 29, 2007, "Req. Ext. of PILOT Agreement -1995 Hertel Pk Associates (Assess)" and said item is now before the Common Council for its consideration. ADOPT DISCHARGE APPROVE PASSED AYES 9 NOES 0 1- YdLViI:a17ATIF.1 NO. 120 DISCHARGE FINANCE COMMITTEE "DISABILITIES /LIMITED INCOME EXEMPTIONS (ASSESS /TAX)" (COM 13, C.C.P. MAY 15, 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 the Finance Committee from further consideration of Item #13, C.C.P. May 15, 2007, "Disabilities /Limited Income Exemptions (Assess /Tax)" and said item is now before the Common Council for its consideration. ADOPT DISCHARGE APPROVE PASSED AYES - 9 NOES -0 NO. 121 BY MR. DAVIS DISCHARGE FINANCE COMMITTEE "SENIOR CITIZEN EXEMPTIONS (ASSESS /TAX)" (COM 14, C.C.P. MAY 15, 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 the Finance Committee from further consideration of Item #14, C.C.P. May 15, 2007, "Senior Citizen Exemptions (Assess /Tax)" and said item is now before the Common Council for its consideration. ADOPT DISCHARGE APPROVE PASSED- 9 NOES- 0 NO. 122 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 $9,000 be and the same is hereby transferred within the Common Council and said sum is hereby reappropriated as set forth below: From: Common Council - Councilmember 3 10104001 - 411001 Annual Salary $9,000.00 To: Common Council - Legislative 10102001 - 412002 Hourly Salary $1,300.00 10102006 - 432004 Engineering & Technical Services $7,700.00 PASSED AYES - 9 NOES -0 NO. 123 BY: BRIAN C. DAVIS PERMISSION TO HANG BANNER— ON DELAWARE AVENUE Whereas: 'The Taste of Buffalo would like to hand a banner on Delaware Avenue between Niagara Square and West Mohawk Street to advertise the Annual Taste of Buffalo to be held on July 7, 2007 through July 8, 2007; and Whereas: The Taste of Buffalo has requested that said bmmer be displayed from Friday, July 6, 2007 through Friday, July 13, 2007; and Now Therefore Be It Resolved That: The Common Council of the City of Buffalo grants permission to the Taste of Buffalo to display a banner for advertisement of the Annual Taste of Buffalo event. Be It Further Resolved That: The Taste of Buffalo will purchase the necessary bond before the banner is hung and said banner shall meet all requirements of pertinent City Department s and no existing laws should be violated. PASSED AYES - 9 NOES -0 NO. 124 BY: MR. DAVIS TRANSFER OF FUNDS That pursuant to Section §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted, that it is necessary that the sum of $ 75,000 be transferred and expropriated as set forth below: From: 13112006 443100 Public Works- Engineering- Road Repairs $ 75,000 To: 10309006 480000 Office of Strategic Planning - Other Service $ 75,000 PASSED AYES - 9 NOES — 0 NO. 126 BY: MR. DAVIS TRANSFER OF FUNDS We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to Section §20 -12 of the Charter, that it is necessary that the sum of $ 250,000 be transferred to the Office of Strategic Planning as set forth below: From: 17221008 480205 General City Charges - Prior Year Claims $ 250,000 To: 10309006 480000 Office of Strategic Planning - Other Services $ 250,000 PASSED AYES - 9 NOES -0 NO. 126 ORDINANCE AMENDMENT CHAPTER 464 -TOW TRUCKS ARTICLE I GENERAL TOWING §454.10 Purpose and Applicability B. The provision of this chapter shall not prohibit the driver or owner of a vehicle which needs towing service from contracting with any towing company of his or her own choice, provided that: (1) Check to see if obstructing traffic is covered under this wording. 454.18 Required Minimum Equipment Authorized tow trucks shall have the following minimum equipment on board at all times: (k)A Dolly is not safe to use. Flatbeds required - eliminate Dolly. (m)Must have wheel lift- tow block should be eliminated. (o)Must have speedy dry for oil and antifreeze spills. (p)Must have towing lights to be attached to ear being towed. Then continue with your existing 0 as R thru V. §454 -15 Application for Letter of Authorization B. An authorized City tower must also meet the following requirements: (11) Storage facility must have general liability and automobile insurance each in the amount of Million Dollars ($1,000,000.00) and provide to the City a certificate of liability insurance listing the City as a certificate holder. 454.19 Storage of towed vehicles (g) The maximum fees to be paid by the City for any abandoned vehicle impounded and disposed of the City shall be $75.00 dollars ($75.00) and disposed of the City shall be $75.00 dollars ($75.00). 454 -24 Rate Schedule Authorized City towers shall not charge more than the following rates for the following respective services: A. Passenger vehicles and light trucks, (1) Standard tow (vehicles up to ten thousand (10,000 pounds) $125.00 (2) Flat bed 125.00 (3) Additional fees for labor, recovery and towing (a) Taping windows & street clean up 60.00 (b) Not applicable eliminate dolly (c) Trailer for motorcycle, ATWC, snowmobile No charge (d) Winching (i) First st 1/2 hour 45.00 (ii) Each additional 1/4 hour 45.00 (4) Storage (per day) (i) Inside 35.00 (ii) Outside 25.00 5. Releasing after 5:00 p.m. weekdays or other than required business hours on Saturday, Sunday and Holidays 25.00 B. Heavy Trucks, buses, tractor trailors and machinery (1) Hook up and tow vehicle over ten thousand($10,000) Ibs (per hour) $150.00 (2) Additional labor fees for heavy vehicle recovery and towing (a) Air hookup 95.00 (b) Mechanically released brakes (per axle) 75.00 © Drop trailer from trailer 75.00 (d) Remove ax (per axle) 75.00 (e) Remove drive shaft 75.00 (f) Eliminate (a low boy trailer required 225.00 (3)Trailer towed behind vehicle(per hour) 225.00 (4) Winching 100.00 (5) Additional labor (hourly per person) 75.00 (6) Flatbed (per hr) (7) Storage (per twenty -four hour day) (a) Tractor 75.00 (b) Trailer 75.00 (c) Bus 75.00 (d) Truck over twenty (20) feet long 75.00 REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNCIL NO. 127 BY: MR. FONTANA RE: SHIFT OF OPERATIONS INTO AN EMPIRE ZONE Whereas: Fiberight Automotive Manufacturing, Inc. has manufactured plastic flooring covering in the Buffalo area since 1993; the company moved to the City of Buffalo in August of 2001 and has been at its current location at 1132 Seneca Street since that time; and Whereas: Fibreright Automotive Manufacturing, Inc. currently employs 74 people who are all residents of the City of Buffalo or the surrounding suburbs; and Whereas: Due to its expanding business and the need for more space, Fibreright Automotive Manufacturing, Inc. finds it necessary to relocate; and Whereas: Fibreright Automotive Manufacturing, Inc. has met with members of the Buffalo Economic Renaissance Corporation in an effort to find location within a City of Buffalo Empire Zone; and Whereas: Fibreright Automotive Manufacturing, Inc. will relocate to 55 Roberts Street, which is located within a City of Buffalo Empire Zone. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo hereby approves the relocation of Fibreright Automotive Manufacturing, Inc. from 1132 Seneca Street to 55 Roberts Street, which is located within a City of Buffalo Empire Zone. PASSED AYES - 9 NOES -0 BY: MR. FONTANA NO. 128 RE: ORDINANCE AMENDMENT Chapter 216, Garbage, Rubbish, and Refuse The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 216 of the Code of the City of Buffalo be amended to read as follows: § 216 -14. Placement of material for collection; penalties for offenses. No person shall deposit or leave or cause or allow any agents, subordinates, occupants or employees to deposit or leave in any public street, curbline or public place any solid waste, unless the same is in proper receptacles, no earlier than 7:00 p.m. on the evening prior to the day of the regular collection as provided. All city- issued receptacles shall be removed from the street, curbline or public place following public collection and shall not be left in the street, curbline or public place after 8:00 p.m. on the day of regular collection. All garbage receptacles shall be kept in rear yards, or side yards if stored at least ten feet from the front of the house, and may not be stored in the front of properties, unless authorization is received from the Commissioner of Public Works and Streets. B. Any person violating the provisions of this section may be liable, in addition to the general penalties, to the penalties established in Chapter 137, Code Enforcement, Article I, of this Code. APPROVED AS TO FORM Corporation Counsel NOTE Matter underlined is new, matter in brackets is to be deleted REFERRED TO THE COMMITTEE ON LEGISLATION NO. 129 BY MR. FONTANA RE: HOME RULE MESSAGE SENATE BILL #6249, ASSEMBLY BILL #9151 "AN ACT TO ALLOW WILLIAM P. GRILLO TO FILE A REQUEST FOR TIER II STATUS IN THE NEW YORK STATE AND LOCAL EMPLOYEES RETIREMENT SYSTEM WITH THE STATE COMPTROLLER ". Whereas: A Bill has been introduced in the New York State Senate #6249, Assembly Bill #9151 to allow William P. Grillo to file a request for Tier II status in the New York State and Local Employees' Retirement System with the State Comptroller; and Whereas: Mr. Grillo's employment with the City of Buffalo began on April 3, 1975 and for reasons unknown Mr. Grillo was not offered membership in the New York State and Local Employees' Retirement System upon his initial employment in 1975; and Whereas: Passage of this bill will allow Mr. Grillo upon written request to the State Comptroller to be reclassified as a Tier I I member of the New York State and Local Employees' Retirement System, all the costs associated with the enactment of this legislation will be assumed by the City of Buffalo; and Now Therefore Be It Resolved: That the Common Council of the City of Buffalo hereby goes on record in support Of Senate Bill #6249, Assembly Bill #9151; 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. 130 BY: MR. FRANCZYK RE: ENVIRONMENTAL PROTECTION FUND FOR HISTORIC PRESERVATION- REHABILITATION OF THE NATIONAL HISTORIC LANDMARK FIREBOAT EDWARD M COTTER WHEREAS, The New York State Legislature created the Environmental Protection Fund (EPF) in 1977 to provide a reliable, dedicated source of funding for a variety of key environmental and coastal resource program in NYS; WHEREAS, The New York Department of State annually solicits grant applications from local government sponsors for the Environmental Protection Fund for Historic Preservation; WHEREAS, The Edward M. Cotter is an operating fireboat and icebreaker for the City of Buffalo designated as Engine 20; WHEREAS, Built in 1900, the Edward M. Cotter is America's working fireboat. In 1996 the Edward M. Cotter was designated as a National Historic Landmark; WHEREAS, The City of Buffalo is seeking funds to assist with the rehabilitation of the fireboat Edward M. Cotter. The rehabilitation of the Edward M. Cotter will follow the Secretary of the Interior's Standards for Historic Vessel Preservation Projects; NOW, THEREFORE, BE IT RESOLVED: That the Mayor is hereby authorized to execute any and all documentation necessary to apply, accept, and administer said grant funding. ADOPTED NO. 131 BY: MR. FRANCZYK RUN BUFFALO WHEREAS, Revitalizing Urban Neighborhoods, Inc. (RUN Buffalo) is a nonprofit organization formed to encourage neighborhood revitalization through the elimination of urban blight in the City of Buffalo; WHEREAS, RUN Buffalo proposes the demolition of vacant and dilapidated structures which are not eligible for, nominated to, or listed on the National Register of Historic Places; WHEREAS, RUN Buffalo proposes the construction of community gardens and or other landscaping on said properties; WHEREAS, Buffalo Urban Renewal Agency approved a land disposition agreement transferring 832 Sycamore to RUN Buffalo on June 21, 2007; WHEREAS, Due to their charitable purpose, RUN Buffalo requests a waiver of fees for asbestos removal permits, demolition permits and performance bond requirements for the demolition work to be performed at 832 Sycamore Street; NOW THEREFORE BE IT RESOLVED, That the Buffalo Common Council approves waiving the asbestos removal and demolition permit fees as well as the performance bond requirements for the demolition of 832 Sycamore Street. PASSED AYES — BONIFACIO, FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RUSSELL, SMITH - 8 NOES — DAVIS - 1 NO. 132 SPONSOR: MR. FRANCZYK RE: ALTERNATIVE VETERANS EXEMPTION Whereas: The change to Real Property Tax Law 458 -a, alternative Veterans Exemption which increases the maximum amount of assessed value eligible for inclusion in the calculation of a veteran's real property tax exemption was enacted by the State of New York; and Whereas: The City of Buffalo has the option to change the current maximum amount' of $180,000 to either a maximum of $200,000, $220,000, or 240,000; and Whereas: The financial impact to the City is estimated at $20,546 for the 2007 -08 fiscal year; and Whereas: On July 25, 2006 (CCP 156, 7/25/06, #9 7/11/07), the Common Council adopted an increase in the maximum eligible assessed value for 2007 -08 but did not indicate the ceiling it wished to have adopted; Now, Therefore be it Resolved That: The Common Council of the City of Buffalo approves the maximum eligible assessed value for inclusion in the calculation of a veteran's real property tax at the $240,000 ceiling; and Be it Further Resolved That: That this exemption takes effect for the 2007 -08 fiscal year. PASSED AYES - 9 NOES -0 NO. 133 BY: MR. FRANCZYK MR. BONIFACIO, MR. GOLOMBEK RE: CHURCH CLOSINGS WHEREAS: The Buffalo Roman Catholic Diocese recently announced a spate of wholesale closings of churches and schools in the city; and, WHEREAS: The latest round of closings occurred on Buffalo's East and Southsides, and have included St. Adalbert's Basilica, Precious Blood, Holy Apostles Peter and Paul, SS. Rita and Patrick's and St. Valentine; and, St Francis Xavier and St. Florian WHEREAS: These churches have provided a powerful and important spiritual and physical anchor in the neighborhoods they serve, and their removal tears a whole in the religious, social and cultural soul of these communities; and, WHEREAS: The dioceses seems to have no plan as to how to dispose of these closed church buildings, raising the specter of even more wrecked and dilapidated buildings throughout the city; and, WHEREAS: The Common Council sympathizes with the dioceses' difficulties with decreasing numbers of parishioners, but is troubled by the dioceses' lack of vision, ethos, or sense of commitment to the remaining parishioners, or potential for the city's revival; and, WHEREAS: The diocese appears to be behaving as if these churches exist in a self- contained vacuum, and have not taken into consideration the negative impact these closings will have in the neighborhoods to be abandoned; and, WHEREAS: The diocese appears to have no adaptive reuse plans for the closed churches, raising the very real possibility of seeing these churches become huge, blighted, dangerous eyesores, which will eventually need to be torn down at great expense by the taxpayers; and, WHEREAS: The diocese also appears to demonstrate no faith for the future potential for Buffalo's revival, particularly in the area of cultural tourism, as thousands of world citizens are eager to see the magnificent church structures lovingly constructed by Buffalo's immigrant community. This is particularly true with the diocese callous attitude toward St. Adalbert's Basilica, particularly as community leaders recently met regarding historic preservation status for Broadway -Fill more; and, WHEREAS: Some of these closings appear to have the whiff of "ethnic cleansing," by forcing believers increasingly into genetic suburban parishes, far from city neighborhoods; NOW THEREFORE BE IT RESOLVED: That the Diocese of Buffalo report on what prior readaptive, reuse, or preservation plans the diocese has for the closed churches; BE IT FURTHER RESOLVED: That the city is opposed to the diocese quickly "dumping" the properties to unsuitable buyers who may not have the wherewithal to properly protect and maintain these buildings; and, BE IT FURTHER RESOLVED: The Common Council is equally opposed to the sale of these buildings to parties intent on gutting or stripping these buildings of anything of value, leaving behind dangerous, gutted eyesores; BE IT FINALLY RESOLVED: That the Common Council request that the Inspections Department enforce all laws and codes on diocesan buildings allowed to fall apart and deteriorate, as well as ask the Assessment Department to reexamine tax exempt status for properties no longer used for religious, not - for - profit, or charitable purposes. ADOPT 2 "D AND 3 RD RESOLVE THE REMAINDER REFERRED TO THE COMMITTEE ON LEGISLATION NO. 134 BY MR. GOLOMBEK REQUEST ORDINANCE AMENDMENT - REDUCE SPEED LIMITS - DELAWARE & ELMWOOD AVENUES Whereas The purpose of speed limits is to protect the general public safety. 30 mph is the city speed limit on most City streets, as established by subdivision 3a of Section 14 of Article I, Chapter 479 of the Code of the City of Buffalo as amended; and Whereas Delaware Avenue between A Vest - Delaware Avenue and Amherst St is currently posted as 35 mph and Elmwood Avenue between Hertel Avenue and Hinman Avenue is currently posted as 40 mph speed limit respectfully; and Whereas: A 30 mph speed limit has proven to be safe and efficient limit for the surrounding streets in . these areas; and Whereas: Our Traffic Engineering Division recommends that the portions of Delaware Avenue between West Delavan Avenue and Amherst Street and Elmwood Avenue between Hertel and Hinman Avenues be posted with a 30 mph speed limit signs; and Whereas: The Traffic Ordinances of the City of Buffalo (Chapter 479) need to be properly amended and updated to reflect these changes as follows: Section 14. Speed Regulations (3) Maximum speed limits 15, 30, 35 & 40 MPH (a) Thirty (30) miles per hour is hereby established as the maximum speed limit at which vehicles may proceed on or along streets or highways within this City except on streets as follows: {1. Delaware Avenue between West Delavan Avenue and Amherst Street), and II. That Subsection 3c of Section 14 of Article 1, Chapter 479 of the Code of the City of Buffalo be amended to read as follows: 3. Forty (40) miles per hour is hereby established as maximum speed limit at which vehicles may proceed within this City on or along streets or highways as follows: {1. Elmwood Avenue between Hertel Avenue and Hinman Avenue); and Now, Therefore, Be It Resolved That: The Buffalo Common Council requests that the Department of Law and the Department of Public Works and the City Engineer be and is hereby authorized to add the above referenced amendments to the Traffic Ordinance of the City of Buffalo, Chapter 479 as it applies to Speed regulations at Delaware Avenue between West Delavan Avenue and Amherst Street and Elmwood Avenue between Hertel and Hinman Avenues; and be it finally Resolved: This Common Council upon adoption of this resolution does hereby direct the City Clerk to forward copies of this resolution to the Department of Law, Department of Public Works and the City Engineer for their comments and implementation within thirty days of its adoption. [ bracketed material is deleted). ADOPT 1st RESOLVE THE REMAINDER REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS NO. 136 BY MR KEARNS THE EFFICIENCY INCENTIVE GRANT ENDOWMENT Whereas: The New York State Public Authorities Law, Article 10 -D Miscellaneous Authorities, Title 2 - Buffalo Fiscal Stability Authority, Section 3857 -a, titled Efficiency Incentive Grants, and Title 3 - Erie County Fiscal Stability Authority, Section 3957 -a, titled Efficiency Incentive Grants, require that the City of Buffalo and the County of Erie each submit to their respective Fiscal Stability Authorities, "...a plan for achieving recurring savings through innovations and reengineering... "; and Whereas: The cited law also provides grants to support such City (and County) cost saving activities subject to New York State appropriations in New York State fiscal years 2006 -07 thru 2010 -11 not to exceed fifty (50) million dollars or ten (10) million dollars annually in the aggregate; and Whereas: Pursuant to the cited statute, the Buffalo Fiscal Stability Authority (BFSA) has received ten (10) million dollars for the New York State fiscal year 2006 -07 and the City has requested from the State of New York, twelve (12) million dollars for fiscal year 2007-08; and Whereas: The Mayor has submitted a plan for the spending of ten (10) million dollars, identified as funding for 2006 -07, to and has received the approval of the BFSA, and that this spending plan is currently before this Common Council for approval; and Whereas: The City needs to explore innovative ideas to ensure that all funds received pursuant to the cited statute are spent wisely and responsibly, that projected efficiencies and savings are realized, that public input is gathered and most importantly, that the monies received from the State be leveraged to ensure that they can be used to stimulate further economies and efficiencies within City Government. Now Therefore Be It Resolved: That this Common Council does hereby support the creation of an innovative policy that would require that as a prerequisite to the spending of any monies referenced herein or to be received by the City in the future, with the requirement that they be used to create new efficiencies in government service delivery and /or reduce the cost of providing government services, that: 1. A public hearing be conducted to obtain recommendations from the taxpayers, residents and business owners of the City as to their ideas for the usage of such funds; 2.That for each project selected for funding, a detailed report be prepared to facilitate a measurement focus and an achievement / accountability standard for both the intended timeframe for implementation and forecast of operational improvements and dollar savings to be realized; 3. That funds representing savings realized up to the amount allocated for an approved project be placed into an Efficiency Incentive Endowment Fund, to enable the perpetual spending of such funds, and that once such savings are realized, additional dollars shall be earmarked as a resource for funding government operations; 4. That idle funds within the Efficiency Incentive Endowment Fund be invested and - 345accounted for in conformity with generally accepted accounting principles as administered by the City Comptroller; 5. That tiffs bold initiative be implemented immediately and prior to this Common Council taking any action to approve the Efficiency Grant communication currently being considered by this Honorable Body. And Be It Further Resolved: That a certified copy of this resolution be forwarded to the Governor, the Comptroller, the President of the Senate and the Speaker of the Assembly of the State of New York, who share a responsibility for creating the BFSA Act and passing the enabling statues and corresponding funding referred to herein. REFERRED TO THE COMMITTEE ON BUDGET, THE CORPORATION COUNSEL. AND THE COMMISSIONER OF PUBLIC WORKS AND THE COMPTROLLER NO. 136 SPONSOR: MICHAEL J. LOCURTO A RESOLUTION CALLING FOR THE EXTENSION OF THE FEMA FUNDING DEADLINE FOR THE REMOVAL OF TREES DAMAGED BY THE OCTOBER 2006 STORM. Whereas: A significant percent of the City of Buffalo's trees were damaged by the October 2006 storm; and Whereas: Approximately 4,000 trees have been scheduled to be taken down' and Whereas: The FEMA funding deadline for trees to be removed is October 2007 which has forced the City of Buffalo to err on the side of taking trees down; and Whereas: Many residents object to their tree being cut down and have found independent arborists to examine their tree; and Whereas: Some residents have had their trees cut down before their concerns could be addressed; and Each tree saved will save the City money in stump removal and Whereas: Arborists have stated that they will be better able to judge the viability of some trees next spring ; and Now Therefore Be It Resolved: That the Common Council of the City of Buffalo calls on FEMA to extend its tree removal deadline until after spring 2008; and Therefore Be It Finally Resolved: That certified copies of this resolution be sent to the Commissioner of FEMA and the Western New York Delegation of Congressmen and Senator Clinton, Senator Schumer and the Department of Public Works. ADOPTED NO. 137 SPONSOR: MICHAEL J. LOCURTO A RESOLUTION CALLING FOR THE DEPARTMENT OF PUBLIC WORKS TO REPORT ITS PLAN TO THE COUNCIL FOR TOTE REPLACEMENT. Whereas: Many Buffalo residents are experiencing an increased difficulty in obtaining garbage totes from the city after their totes break and residents often wait for several months before replacements are made available; and Whereas: If the city's garbage user fee is not paid because the resident has not received a tote for several months a lien can be levied against the city resident's home, yet they are left without totes for months at a time with no recourse; and Whereas: The life expectancy of totes is seven years and the many of the existing totes are reaching the point where they will have to be replaced because the totes have broken with no chance of repair; and Whereas: That them are currently an estimated 1000 residents without totes who will continue to not have totes for several months; and Whereas: That the Department of Public Works is responsible for replacement of the totes; and Now Therefore Be It Resolved: That the Common Council of the City of Buffalo calls on the the Department of Public Works to report its plan to the Common Council for tote replacement for the 1000 residents and future residents whose totes break, including how many totes it has in inventory and their delivery schedule. ADOPTED NO. 138 BR MRS RUSSELL BUDGET AND PERSONNEL AMENDMENT 02 - CITY CLERK 1020 - CITY CLERK The Common Council of the City Of Buffalo does ordain as follows That part of Section 1 of Chapter 35 of the Code of the City of Buffalo relating to 02 City Clerk 1020 City Clerk which currently reads 1 Senior Council Clerk $ 40,670- $ 47,203 1 Data Entry Operator $ 27,648- $ 31,153 Is hereby amended to read 2 Senior Council Clerk $ 40,670 -$ 47,203 1 Clerk $ 25,162 -$ 27,847 IT IS HEREBY CERTIFIED pursuant to Section 319 of the Charter that the immediate passage of the foregoing ordinance is necessary That a personnel requisition incident to the creation of the abovementioned position containing a statement of the duties for such position has been filed with the Municipal Civil Service Commission and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position GERALD A. CHWALINSKI, CITY CLERK AND DONNA J. ESTRICH, DIRECTOR OF ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. DIRECTOR OF ADMINISTRATION AND FINANCE APPROVED AS TO FORM Corporation Counsel 06115/2007 Attachment PASSED AYES - 9 NOES -0 - -Yd LVA I ZRI :111* 4 4 1 NO. 139 BUDGET AND PERSONNEL AMENDMENT 02 - CITY CLERK 1020 - CITY CLERK The Common Council of the City Of Buffalo does ordain as follows: That part of Section i of Chapter 35 of the Code of the City of Buffalo, relating to 02 - City Clerk 1020 -City Clerk which currently reads: 2 Assistant Legislative Aide $ 22,063 Is hereby amended to read: 2 Assistant Legislative Aide II $ 25,954 IT IS HEREBY CERTIFIED, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. That a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position GERALD A. CHWALINSKI, CITY CLERK AND DONNA J. ESTRICH, DIRECTOR OF ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. APPROVED AS TO FORM Corporation Counsel 06/15/2007 Attachment PASSED AYES - 9 NOES -0 BY: MS. RUSSELL NO. 140 BUDGET AND PERSONNEL AMENDMENT 55 - COMMUNITY SERVICE 1307 - SUBSTANCE ABUSE The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 55 - Community Services 1307- Substance Abuse which currently reads: 1 Junior Accountant $28,772 - $32,281 Is hereby amended to read: 1 Reimbursement Specialist $28,415 - $30,808 IT IS HEREBY CERTIFIED, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. That a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position TANYA PERRIN- JOHNSON, COMMISSIONER OF COMMUNITY SERVICES AND DONNA J. ESTRICH, DIRECTOR OF ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. APPROVED AS TO FORM CORPORATION COUNSEL PASSED AYES - 9 NOES -0 NO. 141 RESOLUTION AMENDMENT BY: MS. RUSSELL: PROPOSED MASTER NON - EXCLUSIVE USE LICENSE AND PERMIT FOR MEDAILLE COLLEGE'S PROPOSED NON- EXCLUSIVE USE OF MCCARTHY PARK FOR ATHLETIC AND OTHER PURPOSES Whereas The City of Buffalo through its Common Council is being asked to approve an amended proposed Master Non - Exclusive Use License and Permit (the "Agreement ") in the form attached hereto and made a part hereof, Whereas The Common Council has previously approved in part and referred to Legislative Committee in part the earlier version of the Agreement and the City Law Department and Councilmember Russell have been involved in negotiating the proposed Agreement to its final version in the attached form, Whereas: The final version of the Agreement as attached hereto is different in substance from the form of Agreement as would initially have been approved by the Common Council in that the term of the Agreement is now set to be for 10 years with an option for Medaille to renew the Agreement for an additional 10 years subject to the City's approval, said approval not to be unreasonably withheld, conditioned or delayed. The Agreement that the City would have approved was to have four separate five year terms renewable by Medaille only at the sole discretion of the City. For your ease of review I have made the changes in the final version of the Agreement in electronically blacklined format so as to highlight the changes from the version which the Common Council reviewed at the last meeting. Whereas I am requesting that the Common Council consider approving the proposed Agreement in the form and substance as is attached hereto. Now Therefore Be It Resolved: That the Common Council hereby approves the Agreement in the form and in the substance as is attached hereto Bonnie E. Russell University District Council Member PASSED AYES - 9 NOES -0 No. 142 BY: DEMONE A SMITH Appointments Commissioner of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2008, conditional, upon the person so appointed certifying under oath to their Qualifications and filling same with the City Clerk Christopher Grant Abraham Mauson -Ellis Donna McCartney Henry Peggy LaGree Jose Rosriguez Charles Torres Michael Mottern James Gambino Darby Fishkin Total: 9 ADOPTED No. 143 BY: DEMONE A SMITH Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31 2008, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo Dawn DiFonzo Emma Cardona Patricia Foster Karen Klinck Luann Scalisi Terry Stoner Rosemary Connolly Sharon Ginter Laurie Perrello Cheri Bartz Maureen Fitzgerald Jennie Hauser Diana Quintana TOTAL 13 ADOPTED Mr. Bonifacio made a motion to recess until 4:00 P.M. Seconded by Mr. Davis Adopted Mr. Bonifacio made a motion to Recess until 11:00 A.M. on Wednesday, June 27, 2007. Seconded by Mr. Fontana ADOPTED At 4:00 P.M. the Common Council reconvened with the following members present: Bonifacio, Davis, Fontana, Franczyk, Golombek, Kearns, LoCurto, Russell and Smith At 11:00 A.M. the Common Council reconvened with the following members present: Bonifacio, Davis, Franczyk, Golombek, Kearns The Common Council reconvened at 2:00 P.M. with the following members present: Bonifacio, Davis, Fontana, Franczyk, Golombek, Kearns, and Russell No. 144 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, July 3, 2007 at 9:45 o'clock A.M Committee on Finance Tuesday, July 3, 2007 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, July 3, 2007 at 1:00 o'clock P.M Committee on Legislation Tuesday, July 3, 2007 at 2:00 o'clock P.M. Special Committees (Public Disclaimer): All meetings are subject to chance and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware: therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. No. 145 Adjournment On a motion by Mr. Bonifacio, seconded by Mrs. Russell, the Council adjourned at 2:27 PM GERALD A. CHWALINSKI CITY CLERK BOARD OF POLICE AND FIRE PENSION PROCEEDINGS #6 OFFICE OF THE MAYOR -201 CITY HALL JUNE 21, 2007 Present:Gerald A Chwalinski, City Clerk; David A. Franczyk, Council President - Alisa A. Lukasiewicz, Corporation Counsel -4 The Journal of the last meeting was approved. No. 1 1 transmit herewith the Pension Payroll for the Fire Pension Fund for the month of June 2007 amounting to $6,610.00, and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes -4. Noes -0. No. 2 1 transmit herewith the Pension Payroll for the Police Pension Fund for the month of June 2007 amounting to $4,695.00, respectively, and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes -4. Noes -O. No. 3 On motion by Mr. Chwalinski, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a,m.