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Home My WebLink About07-0710 (2)No. 14 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO JULY 10, 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. Golombek 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 63- 53A J. Child's, Owner, Use 900 Main St for Outdoor Cafe APP W /COND MAYOR - EXECUTIVE 1. Board of Parking - Buffalo Civic Auto Ramps, Inc. !st, and 2 nd RFP FIN,CC,COMPT 2. Board of Parking - Buffalo Civic Auto Ramps, Inc - Management Agreement FIN,CC COMPT 3. Board of Parking- Status of Downtown Parking Situation FIN 4. Planning Board - Notice of Non Significance -1065 Elmwood Ave(North) R &F 5. Strat Plan -Req to App LDA 832 Sycamore -Sale of Land(Fill) CD 6- 5A Strat Plan- Transfer 493, 503, 541 & 543 Seneca and 479 & 481 Alabama from COB to BURA (Ell) CD 7- 6. Strat Plan- Response J. Ostrowski- Purchase /Rental Fairfield Library FIN 8- 7. Strat Plan -Urban Homestead Renewal Plan Revised List of City BNRC and BURA Property CD COMPTROLLER 9- 8. Certificate of Necessity- Permits & Inspections R &F PUBLIC WORKS 10- 9. Notification Serial -10172 (waive 45 day_s) &F 11- 10. Report of Bids Bflo Fire Dispatch Boiler Rep (ELL) APP 12- 11. Report of Bids - Sycamore Village Subdivision Site Dev APP 13- 12. Change in Contract - Emerg Water Service Rep Eng 25, Ladder 10 (South) APP 14- 13.Change in Contract McKinley Monument Emerg Masonry Reconst (Ell) APP 15- 14. Grider St Reconstruction Corrected Bid Total (Mas) FIN 16- 15. NYSDEC Application Squaw Island (North) APP 17- 16. Permission to Enter into Agmt w /NYSDOT Provide Matching Funds Delavan Ave Signal Study APP 18- 17. Permission to Enter into Agmt w /NYSDOT Provide Matching Funds Reconst Proj- Niagara St Gateway Project APP POLICE 19- 18. Appt Police Lieutenant (Cont Perm) (Piech) CS 20- 19. Appt Police Detective (Cont Perm) (Biggs) CS FIRE 21- 20. Metropolitan Medical Response System Grant APP 22- 21. Standardization of Thermal Imaging Camera APP 23- 21A Extension of Inter Municipal Agmt with the Town of Elma for the Provision of Emerg Resp Services to Haz Material Incidents APP 24- 21 B Property at Leroy & Halbert St APP 25- 22. Appoint Account Clerk Typist, Perm (Inter) (Sole) CS PERMITS & INSPECTIONS 26- 23. Restaurant Dance License Renewal 20 Allen (Ell) APP 27- 24. Restaurant Dance License Renewal 248 Allen (Ell) APP 28- 25. Restaurant Dance License Renewal 69 Chippewa West (Ell) APP 29- 26. Restaurant Dance License Renewal 75 Chippewa West (Ell) LEG 30- 27. Restaurant Dance License Renewal 236 Delaware (Ell) APP 31- 28. Used Car Dealer 726 Sycamore (Fill) LEG ADMINISTRATION AND FINANCE 32- 29. Hertel Park Associates Resolution R &F HUMAN RESOURCES 33- 30. Appoint Director of Employee Relations, Exempt (Scott) CS CITY CLERK 34- 31. Liquor License Applications R &F 35- 32. Leaves of Absence R &F 36- 33. Reports of Attendance R &F 37- 34. Notices of Appointments - Council Interns ADOPT 38- 35. Notices of Appointments - Mayor's Program R &F 39- 36. Notices of Appointments - Seasonal R &F 40- 37. Notices of Appointments - Temp. /Prov. /Perm. CS MISCELLANEOUS 41- 38. D. Bonifacio -L. Fleron- Findings and Recommendations Living Wage Comm LEG 42- 39. D. Bonifacio -C. Turner - Findings and Recommendations Living Wage Comm LEG 43- 40. D. Bonifacio, R. Fontana -J. Marsherall- Oppose City Apprentice Program Legislation LEG,PW 44- 41. D. Bonifacio, R. Fontana -D. Roetzer- Oppose City Apprentice Program Legislation LEG,PW 45- 42. D. Bonifacio -S. Snow - Article How I Saved my Street Tree From the Wrecker's Ball LEG,PW 46- 43. B. Davis -A. Eisenhardt - Allentown Assoc Endorsement for Patio Permit 900 Main St R &F 47- 44. B. Davis -A. Gertstman - Grider St Bid - Accadia Site Contracting FIN 48- 45. B. Davis- (EDPI) RFP Deconstruction of up to Ten Residential Properties FIN 49- 46. B. Davis -R. Gallagher - Relocation of Alcohol & Drug Dependency Services Inc LEG 50- 47. R. Fontana -Req Homestead Vacant Lot -105 Burgard Place(Lov) CD,EDPI 51- 48. J. Golombek- Findings and Recommendations by The Living Wage Comm LEG 52- 48AA J. Golombek- Bass -Pros and Cons Discussion 06/20/07 CD 53- 48A M. Kearns- Clinton calls on FEMA to Update Bflo Floodplain Maps CD 54- 48B M.Kearns- Flood Insurance Report CD 55- 48C M. Kearns - Sewing Technology Inc MBEC 56- 49. D. Shannon - Concerns Trees -124 Purdy St, 126 Purdy St and 109 Purdy St(Mas) PW 57- 49A C. Schumer - Request FEMA to Extend Deadline for Compensation - Removal of Storm Damaged Trees R &F 58- 49B P.Wolf- Pearl Street Brewing Co Environmental Assessment R &F PETITIONS 59- 50. R. Lucchino, Owner, Use 937 Elmwood Avenue, Remodel Interior of Restaurant(hrg 7/17) LEG,CPBD 60- 51. E. Buscaglia, Owner, Use 1991 Seneca Street, Expand & Remodel B. Kwik to Include Sit In Restaurant(hrg 7/17) LEG,CPBD 61- 52. J. Close, Agent, Use 821 Elk St for a Ground Sign (Lov) (no pub hrg) LEG,CPBD 62- 53. C. LaCorte & Others -Req Voting No Bailey Amherst Dist Mgt Assoc Contract Renewal R &F 63- 53A J. Child's, Owner, Use 900 Main St for Outdoor Cafe APP W /COND RESOLUTIONS 1. Com 34 June 26 116 -54. Davis Transfer of Funds Permits & Inspections APP 117 -55. Davis Permission to Hang Banner on Niagara St APP 118 -56. Davis Permission to Hang Flags Along Niagara Street APP 119 -57. Davis Permission to Designate Niagara St to Avenida 66- 3. Com 13 San Juan -Via Trailblazing Signage LEG,PW 120 -57A Davis Buffalo Silent March APP 121 -57B Davis Determination of Non - Significance Pursuant to the SEQRA for Determination RECOMMIT 68- of Appeal ADOPT June 26 122 -57C Davis Affirmation, Modification and Reversal of Decision of Preservation Board APP 123 -58. Franczyk Req Approval LDA -832 Sycamore(Fill)(hrg 7/24) CD 124 -59. Franczyk Set Public Hrg -Req to Approve LDA -832 Sycamore(Fill) CD 125 -60. LoCurto 2007 Greater Buffalo Italian Heritage and Food Festival APP 126 -61. LoCurto Appointment to the Living Wage Commission APP 127 -62. Russell Budget and Personnel Amendment Common Council- CM# 4 APP 128 -63. Smith Calling for Investigation of Double Deductions and Over Billing by Web FIN,MIS,CC 129 -64. Smith, etc National Nite Out Permit Fee Waivers APP 130 -65. Smith Non - Applicability of the Lord Mansfield Rule in NYS LEG,CC 131 -66. Smith Opposition to Rate Increases by National Fuel ADOPT 132 -67. Smith Comm of Deed Req. Ext. of PILOT Agreement -1995 Hertel Pkg. Assoc. ADOPT 133 -68. Smith Comm of Deed Public Performance ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETING CIVIL SERVICE 64- 1. Com 34 June 26 Appt Senior Engineer, Provisional (Inter) (Hoffert)(PW) APP 65- 2. Com 62 June 26 Notices of Appointments, Temp /Prov /Perm(Cty Clk) R &F FINANCE 66- 3. Com 13 June 26 Audit Report -Gun Buy Back Program 6 /2 /2007(Compt) R &F 67- 4. Com 25 June 26 Bids Grider St Reconstruction (Mas)(PW) RECOMMIT 68- 5. Com 35 June 26 Drug Asset Forfeiture Wire Transfers(Pol) R &F 69- 6. Com 37 June 26 Responses The Up Side and Down Side of Wireless Mesh Networks /Intelligent Video Surveillance for State and Local Gov't (Pol) R &F 70- 7. Com 51 June 26 Response to Audit Recommendations Audit Report Pkg Enf 1/1/03 - 6/30/06 (A &F) R &F 71- 8. Com 7 May 1 Audit Report -Div. Of Pkg. Enforcement 1/1/06 - 6/30/06 (Compt.) R &F 72- 9. Res 138 May 1 Req. Ext. of PILOT Agreement -1995 Hertel Pkg. Assoc. APP 73- 10.No 47 Apr 3 D. Bonifacio -D. Axner - "The Up Side and Down Side of Wireless Mesh Networks" R &F 74- 11. No 51 Apr 3 R. Fontana "Intelligent Video Surveillance for State & Local Government" R &F COMMUNITY DEVELOPMENT 75- 12 Com 7 June 26 Results Neg -Sale of Vacant Land 7 Parcels(Strat Plan) RECOMMIT 76- 13. No 69 June 26 M. Kearns -Info Res Having a Council Rep Serve on the Erie Canal Harbor Dev Corp WATERFRONT 77- 14. No 107 June 26 Req for Appr -LDA & for Transfer of 23 Vacant Parcels to Homefront Inc(Hrg 6/26) RECOMMIT 78- 15. No 108 June 26 Req for Appr of Land Disposition Agreement for 23 Vacant Parcels in Sycamore Vill ( Strat Plan)( #4, 6/12) RECOMMIT 79- 16. No 59 June 12 B.Davis -Req. to Homestead a Vacant Lot - Monroe St. RECOMMIT 80- 17. No 61 June 12 J.Golombek- P.Johnson- Housing Court R &F LEGISLATION 81- 18. No 72 June 26 E. Hogle, Owner, Use 185 Allen St Outdoor Pation in Courtyard (Hrg 7/3) APPM/ COND 82- 19. Com 1 June 26 Appointments Board of City Planning(Mayor) APP 83- 20. Com 20 June 26 Invitation to Next Energy and Environment Meeting(CP) R &F 84- 21. Com 38 June 26 Responses Main Huron LLC Complaints /Lack of Quality of Life Crime Reports(Pol) R &F 85- 22. Com 39 June 26 Municipal Code Violations Report (CC) R &F 86- 23. No 70 June 26 P. Wolf - Appeal of Denial of Certificate of Exception and Conditions of Certificate for 72 -76 Pearl Street R &F 87- 24. No 102 June 26 R. Stanton - Appeal - Denial of Cert of Exception /Conditions of Cert Exception 72 -76 Pearl St (Hrg 6/19)( #57,5/29) R &F 88- 25. No 71 June 26 P. Wolf -R. Tobe Response - Appeal of Denial of Certificate of Exception Certificate for 72 -76 Pearl St R &F 89- 26. No 73 June 26 A. Simmons - Protest Opening of Delicatessen at Texas and E. Delavan Ave R &F 90- 27. Res 128 June 26 Ord Amend - Chapter 216 Garbage, Rubbish and Refuse APP 91- 28. Res 133 June 26 Church Closing(1 res only) R &F 92- 29. No 101 June 26 Used Car Dealer -1275 Bailey (Lovejoy)(EDPI)( #42,6/12) APP 93- 30. Com 39 June 12 R. Cozzi -Main Huron LLC - Complaints -Rm. 101 -3160 Main St. /Lack of Quality of Life Crime Rpts. (Pol) R &F 94- 31. No 56 June 12 E. Baker - GSA -Est. of District Htg. -New Federal Courthouse R &F 95- 32. No 96 June 12 Food Store License -1445 E. Delavan (Lovejoy) ( #36,5/15) ( #94,5/29) RECOMMIT 96- 33. Com 2 May 29 Designation of Nominees - Reappt -Bd of Trustees of Bflo /Erie Co Library(Mayor) APP 97- 34. Com 35 May 15 Consider An Ord. To Impound Abandoned Shopping Carts (EDPI) R &F 98- 35. Res 130 Apr 3 Consider An Ord. To Impound Abandoned Shopping Carts (Exc. 1 sc Res.) R &F 99- 36. No 59 May 1 M. Keati ng-Weg man's Mkts.- Response -Opp. Ord. To Impound Abandoned Shopping Carts R &F 100- 37. Com 63 May 15 M. Henderson - Tops- Comments - Ord.- Impounded Shopping Carts R &F 101- 38. No 58 Mar 20 P. DePasquale- Info. -502 Mineral Springs Road - Zoning Regulations R &F 102- 39. Res 100 May 29 Lack of Quality of Life Crime Reports(Exc 1 st Res) R &F 103 - 40. Com 4 Jan 9 Save Our Streets Program Re: Irresponsible Tenants /Landlords(Cit. Svs.) R &F 104- 41. Res 137 Mar 20 105- 42. Com 22 Feb 20 106- 43. Com 23 Feb 20 107- 44. Com 58 May 15 108- 45. Com 59 May 15 109- 46. Com 39 May 1 110- 47. Res 102 Nov 28 111- 48. Com 8 May 29 112- 49. No 45 Apr 17 113- 50. No 56 Apr 3 114- 51. No 60 Apr 3 MBEC R &F 115- 52. Res 105 May 29 Establish District Heating at the New Federal Courthouse (3rd Res. Only) ADOPT Notice of Property Owners Prior to Emerg. Demo. (EDPI) R &F Evening, Weekend and Holiday Demo. Schedule (EDPI) R &F R. Fontana - Letter to Pub. Wks. Comm.- Sanctions Against Brand -On Services R &F R. Fontana - Letter to Fire Comm.- Sanctions Against Rural Metro R &F 2007 -2008 Special District Vending Site Map (EDPI) APP Demolition of 171 Smith Street (Exc. 1 st & 3 rd Res) R &F R. Cozzi -Main Huron LLC Complaints Room 101 -3160 Main St (CP) R &F R. Fontana -S. Banko- Inspection of Property -439 Gold St. R &F M. Kearns -K. Kennelly - Questions -Stop Light- Abbott & Cazenovia /Lorraine R &F W. Skretny -US District Court -Est. District Htg. /Supp. Fed. Cthse. Design w /J. Ellicott Plan R &F Diversity Hiring Goals COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, JULY 10, 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 26, 2007 Were approved FROM THE MAYOR FROM THE MAYOR EXECUTIVE DEPARTMENT FROM THE BOARD OF PARKING NO. 1 Buffalo Civic Auto Ramps Inc. Per the request of Council Member Brian C. Davis, attached please find: • A copy of the First RFP for operating manager of the City off street parking facilities September 2004 A copy of the second RFP (and addendum) - February 2005 - no addendums were issued. I am attaching a 3/9/05 correspondence addressing questions from a pre -bid meeting held for the benefit of prospective bidders. • As for the request for names of current monthlies and names on waiting list, we are awaiting a legal opinion on privacy issues. Once we get a reply I shall forward it to the Common Council REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL AND THE COMPTROLLER NO. 2 Buffalo Civic Auto Ramps Inc. Management Agreement At its regular monthly meeting of June 27,2007 the Board of Parking voted unanimously to approve a revised Management Agreement between Buffalo Civic Auto Ramps Inc. (BCAR) and the City of Buffalo. Effective December 1, 1996 BCAR received an exemption from the State of New York on charging sales tax on our parking revenue (see attachment). Starting on June 1, 1990 anyone (including municipalities) in the parking business had to charge sales tax. When state law changed allowing municipalities not to charge sales tax, BCAR proved to the State Department of Taxation and Finance that managing City owned ramps and lots was their only business and as such were acting in the capacity as an agent. Attached please find the letter authorizing BCAR not to have to collect sales tax on revenues. This has amounted to an increase in total revenues of over $6,600,000 in the last ten years. In Fiscal Year 2007 -08 in a just approved budget, this will amount to $815,000. In May of 2005 BCAR challenged the New York State Dept. of Taxation and Finance on its position that BCAR had to pay sales tax on purchases eg utilities, ticket stock, equipment, security services, janitorial supplies etc. BCAR argued that as an Agent of the City of Buffalo, exempt from collecting sales tax on revenues it is only logical to be exempt on purchases also. Attached, please find a copy of a letter confirming all agency relationship from Corporation Counsel, Alisa Lukasiewicz. BCAR has just been notified that they have won their challenge against the New York State Dept. of Taxation and Finance (see attachment). BCAR will receive a refund of $106,603 on sales tax paid on purchases between 12/1 /01 thru 4/31/05 and forgiveness o f sales tax not al2g —d- between May 1,2005 thru June 20, 2007 amounting to $140,000. In essence this is a financial windfall for the City of Buffalo as the monies increase the net income that BCAR remits annually to the City of Buffalo. This is in addition to the projected net income of $2,300,000 for tile fiscal year 7/1/06 to 6/30/07 and a budgeted net income of $2,600,000 for fiscal year 7 /1/07 to 6/30/08. Finally due to the success of getting the sales tax exemption, BCAR will not have to pay sales tax on future purchases. This will have the annual effect of increasing tile net income remittal to the City of 65— per year. It is our belief that BCAR, as agent of the City of Buffalo, is the only entity in the State of New York to have this exemption. The Board of Parking is filing this management agreement designating Buffalo Civic Auto Ramps Inc. to manage the downtown parking system. This agreement will be effective 7/1/07 for three years with two one year renewal options. It differs slightly from the management agreement that was previously filed and has not been acted on by your Honorable Body. The differences relate to language that is incorporated into the management agreement that clearly delineate the language necessary for a principal /agent relationship to exist. These changes were recommended by Hodgson Ross LEP, the firm that BCAR hired to successfully receive the sales tax reimbursements that were previously paid on purchases. The Management agreement currently before you is silent with respect to most of the provisions detailed above. Thus, the Board of Parking added the following provisions to the Agreement. The language is dispersed throughout the Management Agreement and noted in bold lettering. REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL AND COMPTROLLER NO. 3 Status of downtown parking situation At its regular monthly meeting of June 27, 2007, the Board of Parking discussed the status of the downtown parking situation. The downtown municipal parking system consisting of seven ramps (capacity 7100 spaces) and two surface lots (capacity 440 spaces) is currently at full capacity - (see attached peak occupancy counts) and with a waiting list of 1123 names on it. The parking system is in excellent structural condition and sound financial shape. The Board of Parking would like to suggest the formation of a task force of various civic organization /leaders and downtown stake holders to address the future need attractiveness of the downtown central business district as a destination to work, recreate and live. REFERRED TO THE COMMTTTEE ON FINANCE FROM THE CITY PLANNING BOARD NO. 4 1065 ELMWOOD AVE NOTICE OF NON SIGNIFICANCE As per Article 17, Sec. 18 -58 of the Buffalo City Charter, the City of Buffalo Planning Board is required to file a copy of their approved "Notice of Non Significance" with your office. Attached please find copies of the City of Buffalo Planning Board Notice of Non Significance approved on June 19, 2007. If you should have any questions, please feel free to call me anytime at 851 -5085 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON - SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Mr. Pizza Building Addition Location 1065 Elmwood Avenue Type of Action: Unlisted Description: Anthony. Colicchia, President of Mr. Pizza is proposing to construct a building addition with a landscaped wall on the property located at 1065 Elmwood Avenue, Buffalo New York. The new addition is necessary because a car damaged the existing wall that required repair. The fifty -seven square foot addition will also include the construction of a two foot, four inch (2',4') by twenty seven foot long (27) landscape wall along the parking area. This project has received approval from the Buffalo Common Council on June 12, 2007 for the expanded restaurant use in the Elmwood Business District The estimated cost of this project is approximately four thousand dollars ($4000.00). As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: This building addition will allow Mr. Pizza to continue to operate successfully, as a long established business in the Elmwood Avenue Business District, as well as to create an opportunity to add additional landscaping to the Mr. Pizza property. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment, For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851-5085 RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 5 REQUEST TO APPROVE LDA - 832 SYCAMORE APPROVAL OF CONTRACT FOR SALE OF LAND - 832 SYCAMORE The City of Buffalo Urban Renewal Agency duly designated Revitalizing Urban Neighborhoods, Inc. (RUN Buffalo) and /or a Corporation, Partnership, Joint Venture or Other Legal Entity to be formed, as the "Redeveloper." Redeveloper has submitted a plan for the demolition of the improved properties located at 832 Sycamore. The Agency has determined that the LDA negotiated by the Agency and Redeveloper are satisfactory. Please be advised that in accordance with the provisions in Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded separately are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Amendments to Land Disposition Agreement After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT property to the Agency in accordance with Article 15 -A of the General Municipal Law. The properties will be marketed for redevelopment in accordance with the South Ellicott Urban Renewal Development Plan, Phase II. All Land Disposition Agreements for these properties will be submitted to Your Honorable Body by the Buffalo Urban Renewal Agency for final approval. This office is recommending that Your Honorable Body approve the transfer of the above referenced properties to the Buffalo Urban Renewal Agency for one dollar. We are also recommending Your Honorable Body authorize the Office of Strategic Planning, Division of Real Estate, to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 7 RESPONSE J. OSTROWSKI- PURCHASE /RENTAL FAIRFIELD LIBRARY ITEM #65, C.C.P. 5/15/07 The Office of Strategic Planning Division of Real Estate, is in the process of preparing a Request For Proposals for the Fairfield Library and other City -owned buildings. Over the last few months, the Division of Real Estate has been marketing these properties and has received multiple requests for the reuse of these properties. Request for proposals or public auction of City -owned property is required when more than one party is interested in a City property. The Office of Strategic Planning believes that a request for proposals will insure the best reuse of the property. Concerning Mr. Ostrowski's interest in leasing the property, General Municipal Law prevents a municipality from entering into a long term lease of property that has been abandoned for public use. Mr. Ostrowski's interest in the property has been placed on file and he will be notified when the request for proposals is issued in August. REFERRED TO THE COMMITTEE ON FINANCE NO. 8 URBAN HOMESTEAD URBAN RENEWAL PLAN REVISED LIST OF CITY, BNRC AND BURA PROPERTY Pursuant to the Urban Homestead Amendment of the Urban Homestead Urban Renewal Plan approved by the City of Buffalo Common Council CCP# 127 on May 17, 2005, the Office of Strategic Planning hereby submits the revised listing of properties within the approved Comprehensive Code Areas and Urban Renewal Areas, or both. I am therefore recommending that Your Honorable Body approve the revised listing of eligible properties which are encompassed within the overall Urban Homestead Urban Renewal Plan Project boundaries, in accordance with the Urban Homestead Urban Renewal Plan and that the Mayor be authorized to execute the documents for the transfer of title for the properties. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMPTROLLER NO. 6 NO. 9 TRANSFER 493, 503, 541 AND 543 SENECA AND 479 & TRANSFER OF FUNDS 481 ALABAMA FROM THE CITY OF BUFFALO TO THE BUFFALO Comptroller, do hereby certify, pursuant to Section { }20 -12 of the Charter, that is necessary that the sum of $ 40,608 be transferred to the DASNY Grant Account as set forth below: URBAN RENEWAL AGENCY 16550007 471010 Permits & Inspections- Land Improvements ELLICOTT DISTRICT The Office of Strategic Planning, Division of Real Estate, has received a request from the Buffalo Urban Renewal Agency to transfer the following vacant parcels of land from the City of Buffalo to the Agency Address Description Lot Size 493 Seneca Industrial Vacant Lot 95 X 150 541 Seneca Industrial Vacant Lot 371 x 150 543 Seneca Industrial Vacant Lot 29 x 100 479 Alabama Commercial Vacant Lot 29 x 576 481 Alabama Commercial Vacant Lot 61 x 576 The properties were acquired by the City of Buffalo at the request of the Urban Renewal Agency. The City may acquire and transfer property to the Agency in accordance with Article 15 -A of the General Municipal Law. The properties will be marketed for redevelopment in accordance with the South Ellicott Urban Renewal Development Plan, Phase II. All Land Disposition Agreements for these properties will be submitted to Your Honorable Body by the Buffalo Urban Renewal Agency for final approval. This office is recommending that Your Honorable Body approve the transfer of the above referenced properties to the Buffalo Urban Renewal Agency for one dollar. We are also recommending Your Honorable Body authorize the Office of Strategic Planning, Division of Real Estate, to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 7 RESPONSE J. OSTROWSKI- PURCHASE /RENTAL FAIRFIELD LIBRARY ITEM #65, C.C.P. 5/15/07 The Office of Strategic Planning Division of Real Estate, is in the process of preparing a Request For Proposals for the Fairfield Library and other City -owned buildings. Over the last few months, the Division of Real Estate has been marketing these properties and has received multiple requests for the reuse of these properties. Request for proposals or public auction of City -owned property is required when more than one party is interested in a City property. The Office of Strategic Planning believes that a request for proposals will insure the best reuse of the property. Concerning Mr. Ostrowski's interest in leasing the property, General Municipal Law prevents a municipality from entering into a long term lease of property that has been abandoned for public use. Mr. Ostrowski's interest in the property has been placed on file and he will be notified when the request for proposals is issued in August. REFERRED TO THE COMMITTEE ON FINANCE NO. 8 URBAN HOMESTEAD URBAN RENEWAL PLAN REVISED LIST OF CITY, BNRC AND BURA PROPERTY Pursuant to the Urban Homestead Amendment of the Urban Homestead Urban Renewal Plan approved by the City of Buffalo Common Council CCP# 127 on May 17, 2005, the Office of Strategic Planning hereby submits the revised listing of properties within the approved Comprehensive Code Areas and Urban Renewal Areas, or both. I am therefore recommending that Your Honorable Body approve the revised listing of eligible properties which are encompassed within the overall Urban Homestead Urban Renewal Plan Project boundaries, in accordance with the Urban Homestead Urban Renewal Plan and that the Mayor be authorized to execute the documents for the transfer of title for the properties. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 10 NOTIFICATION SERIAL # 10172 [: REPEAL STOP SIGN IN PERRY STREET FROM THE COMPTROLLER NO. 9 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS ]We, Byron W. Brown, Mayor and Andrew A. San Filippo, Comptroller, do hereby certify, pursuant to Section { }20 -12 of the Charter, that is necessary that the sum of $ 40,608 be transferred to the DASNY Grant Account as set forth below: FROM 16550007 471010 Permits & Inspections- Land Improvements $40,608 TO 17523008 489130 Transfer out to Capital Project $ 40,608 From: 17523008 489130 Transfer out to Capital Project $40,608 TO 31680006 455100 Demolition Projects, Economic Development $40,608 RECEIVED AND FILED FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 10 NOTIFICATION SERIAL # 10172 [: REPEAL STOP SIGN IN PERRY STREET AT COLUMBIA STREET (FILLMORE DISTRICT) STOP SIGNS - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 9 Section 11 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: STOP SIGNS VEHICLES ON SHALL STOP BEFORE ENTERING Perry Street Columbia Street This stop sign is no longer warranted based on existing pedestrian volumes due to the closing of the park and ride operation near this intersection. WAIVE 45 DAY WAITING PERIOD RECEIVED AND FILED NO. 11 REPORT OF BIDS BUFFALO FIRE DISPATCH BOILER REPLACEMENT JOB #0701 ELLICOTT DISTRICT ITEM NO. 22, CCP 03/06/07 1 advertised for on February 6, 2007 and received the following formal sealed bids for the Buffalo Fire Dispatch, Boiler Replacement, on February 27, 2007. Your Honorable Body originally approved the low bidder, J.W. Danforth Co., in CCP 03106107, Item 22. However, on July 3, 2007, J. W. Danforth Co. exercised their right and formally withdrew its bid due because the City did not execute a contract within forty -five (45) days. We have contacted the second lowest responsible bidder and they have agreed to honor their bid. Therefore, we recommend that your honorable body approve the award of contract to D V Brown & Associates. D. V. Brown & Associates 567 Vickers, Tonawanda, NY $94,381.00 Colgate Heating 142 Colgate, Buffalo, NY NO BID R P Mechanical 7165 Genesee, Springville, NY NO BID J. W. Danforth Co. 300 Colvin, Tonawanda, NY BID WITHDRAWN I hereby certify that the foregoing is a true and correct statement of all bids received and that D. V. Brown & Associates, with a bid of Ninety Four Thousand Three Hundred Eighty One and 00/100 Dollars ($94,381.00), is the lowest remaining responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funds for this project are available in 39320406 445100 - Division of Buildings. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated July 3, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Buffalo Fire Dispatch Boiler Replacement, to D. V, Brown & Associates, the (second) lowest responsible bidder, in the amount of $94,381.00. Funds for the project are available in 39320406 445100 - Division of Buildings. PASSED AYES -9 NOES -0 NO. 12 REPORT OF BIDS SYCAMORE VILLAGE SUBDIVISION SITE DEVELOPMENT - 2007 GROUP NO. 678 This is to advise Your Honorable Body that I have advertised for and received three (3) public bids in regard to the above mentioned contract. In obtaining these bids for the above project, I have asked for unit price covering various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received CONTRACTOR BASE BID TOTAL BID PRICE Destro & Brothers Concrete Co,lnc. $492,715.00 $541,986.50 411 Ludington Street Buffalo, NY 14206 C. Destro Development, Inc. $572,230.00 $629,453.00 2255 Bailey Avenue Buffalo, NY 14211 Scott Lawn Yard Inc $748,924.90 $824,917.39 5552 Townline Road Sanborn, NY 14132 1 hereby certify that the lowest responsible bidder for the above project is Destro & Brothers and I respectfully recommend that Your Honorable Body authorize a contract to Destro & Brothers in the amount of $541,986.50. (Base Bid of $492,715.00 & [10% unit price increases] $49,271.50 equals [Total Award] $541,986.50) Funds for this project are available from Capital Project Account No 30311306. The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by August 15, 2007. Individual bid submissions are available in our office for inspection and copies are available upon request. The Engineer's estimate for this work is $650,000.00 Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated July 2, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Sycamore Village Subdivision Site Development - 2007, Group No. 678, to Destro & Bxothers Concrete Co., Inc., the lowest responsible bidder, in the amount of $541,986.50 (Base Bid $492,715.00 + 10% unit price increases, $49,271.50 equals Total Award of $541,986.50. Funds for the project are available in Capital Project Fund No. 30311306. Passed. AYES — 9 NOES — 0 NO. 13 CHANGE IN CONTRACT EMERGENCY WATER SERVICE REPLACEMENT FIRE ENGINE 26 LADDER 10 (SENECA & SOUTHSIDE) JOB #0663 SOUTH DISTRICT ITEM NO 13 CCP 10/31/2006 1 hereby submit to Your Honorable Body the following changes for Fire Engine 25 Ladder 10 Emergency Water Service Replacement SO #18003103. We have been negotiating with the contractor and feel that we have received a fair and reasonable price for this change order. 1. Additional work necessary due to problems with a high voltage duct bank and natural gas main which were not indicated and unaware of on original plans and specifications. (see attached letter) Add $14,203.03 The forgoing change results I a net increase in the contract of Fourteen Thousand Two Hundred Three and 03/100 Dollars ($14,203.03) Summary Current Contract Amount $24,888.00 Amount of the Change Order ( #1) Increase $14,203.03 Revised Contract Amount $39,091.03 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 39320406 445100 — Division of Buildings Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated June 27, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, an increase in the amount of $14,203.03, as more fully described in the above communication, for work relating to Job No. 0663, Emergency Water Service Replacement, Fire Engine 25, Ladder 10. Funds for this project are available in 39320406 445100 - Division of Buildings. Passed Ayes — 9 Noes — 0 NO. 14 CHANGE IN CONTRACT MCKINLEY MONUMENT EMERGENCY MASONRY RECONSTRUCTION JOB #0734 ELLICOTT DISTRICT ITEM NO 14 CCP 06/29/2007 The Commissioner of Public Works, Parks and Streets requested and received emergency bids for the McKinley Monument, Masory Reconstruction Our request inadvertently omitted insurance requirements necessary for this project. 1. OCP Insurance Policy required Add $5,190.00 The foregoing change results in a net increase in the contract of Five Thousand One Hundred Ninety and 00/100 Dollars ($5,190.00) Summary Current Contract Amount $26,500.00 Amount of This Change Order ( #1) Increase $ 5,190.00 Revised Contract Amount $31,690.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 36321006 445100 - Division of Buildings 'Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated July 3, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, an increase in the amount of $5,190.00, as more fully described in the above communication, for work relating to Job No, 0734, McKinley Monument, Emergency Masonry Reconstruction, Job #0734. Funds for this project are available in 36321006 445100 - Division of Buildings. Passed AYES — 9 NOES — 0 NO. 16 GRIDER ST. RECONSTRUCTION CORRECTED BID TOTAL ITEM NO. 26, C.C.P. 06/26/07 Our department previously filed a report of bids for the reconstruction of Grider St., which was sent to the Finance Committee (copy attached). The item previously filed neglected to indicate that the low bidder's amount was a corrected total. The actual amount stated in the low bidder's documents was $4,752,040.52. Upon checking all the unit prices and math work, the actual numbers were calculated to be $4,752,710.52. This corrected total did not affect the outcome of the bid and is a common occurrence in large unit price bids. REFERRED TO THE COMMITTEE ON FINANCE NO. 16 NYSDEC APPLICATION SQUAW ISLAND NORTH DISTRICT The City of Buffalo Department of Public Works Parks and Streets is applying for a grant with the NYSDEC and it is required that our department file a resolution authorizing the submission of an application for State assistance for the eradication of aquatic and terrestrial invasive species funded through the State Environmental Protection Fund (EPF). This proposed eradication work will involve existing wetland areas at Squaw Island Park. It is, therefore, requested that your honorable body approve a resolution as follows: RESOLVED: That the Commissioner of the City of Buffalo is hereby authorized and directed to file an application for funds from the Aquatic Invasive Species Eradication Grant Program in an amount not to exceed $18,036 and upon approval of said request to enter into and execute a State Assistance contract with the New York State Department of Environmental Conservation for such financial assistance to City of Buffalo Department of Public Works for Squaw Island Landfill Wetland Mitigation and further, to carry out and comply with the terms of such project agreement. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated June 29, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized and directed to file an application for funds from the Aquatic Invasive Species Eradication Grant Program in an amount not to exceed $18,036 and upon approval of said request to enter into and execute a State Assistance contract with the New York State Department of Environmental Conservation for such financial assistance to City of Buffalo Department of Public Works for Squaw Island Landfill Wetland Mitigation and further, to carry out and comply with the terms of such project agreement. PASSED. AYES -9 NOES -0 NO. 17 PERMISSION TO ENTER INTO AGREEMENTS W /NYSDOT PROVIDE MATCHING FUNDS DELAVAN AVENUE SIGNAL STUDY NIAGARA STREET TO BUFFALOEAS— CITY EINE CITY OF BUFFALO, ERIE COUNTY PIN #5757.44 Permission is requested from Your Honorable Body to authorize the Mayor of the City of Buffalo to enter into all necessary agreements with the New York State Department of Transportation (NYSDOT) to administer and perform preliminary engineering design for the Delavan Avenue Signal Study - Niagara Street to Buffalo East City Line - PIN #5757.44. In addition, permission is requested for the City to take RFP's and hire an engineering consultant and commit funding necessary for first instance costs and all related Federal and Non Federal shares of project costs. The City of Buffalo's share of costs for this project is anticipated to be 5 %. Costs estimates for the preliminary engineering work are $60,000 dollars and the City's share of costs will be available in our Capital Account for Local Match Reserve. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works; Parks and Streets dated July 3, 2007 be received and filed; and That the Mayor be, and he hereby is authorized to enter into all necessary agreements with the New York State Department of Transportation, to administer and perform preliminary engineering design for the Delavan Avenue Signal Study - Niagara Street to Buffalo East City Line - PIN #5757.44. The City's share of costs anticipated being 5% would be available in Capital Account for Local Match Reserve. PASSED AYES - 9 NOES -0 NO. 18 PERMISSION TO ENTER INTO AGREEMENTS W /NYSDOT PROVIDE MATCHING FUNDS RECONSTRUCTION PROJECT NIAGARA STREET GATEWAY PROJECT VIRGINIA /CAROLINA ENTRANCE TO 1 -190 TO NIAGARA SQUARE PIN #5757.14 Permission is requested from Your Honorable Body to authorize the Mayor of the City of Buffalo to enter into all necessary agreements with the New York State Department of Transportation (NYSDOT) to administer, design, bid and construct a reconstruction project, for the Niagara Street Gateway from Virginia /Carolina Entrance to 1 -190 to Niagara Square. In addition, permission is requested for the City to take RFP's and hire an engineering consultant and commit funding necessary for first instance costs and all related Federal and Non Federal shares of project costs. The City of Buffalo's share of costs for this project is anticipated to be 5 %. Costs estimates for the work, including engineering are $2.25 million dollars and the City's share of costs will be available in our Capital Account for Local Match Reserve and Account #30311006. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated July 3, 2007 be received and filed; and That the Mayor be, and he hereby is authorized to enter into all necessary agreements with the New York State Department of Transportation, to administer, design, bid and construct a reconstruction project, for the Niagara Street Gateway from Virginia /Carolina Entrance to 1 -190 to Niagara Square - PIN #5757.14. The City's share of costs would be available in Capital Account for Local Match Reserve and Account #30311006. PASSED AYES - 9 NOES -0 FROM THE COMMISSIONER OF POLICE NO. 19 CERTIFICATE OF APPOINTMENT Appointment effective June 12, 2007 in the Department of Police, Division of Patrol to the Position of Police Lieutenant, Contingent Permanent Promotion at the flat salary of $66,315.00 David M. Piech, 32 Foresthill Drive, Williamsville, NY 14221 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 20 CERTIFICATE OF APPOINTMENT Appointment effective June 12, 2007 in the Department of Police to the position of Detective, Contingent Permanent Kevin T. Biggs, 780 Warren Avenue, East Aurora, NY 14052 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 21 FROM THE COMMISSIONER OF FIRE DCJS #WM06834265 METROPOLITANMEDICAL RESPONSE SYSTEM GRANT We are requesting approval to accept and expend MMRS Grant #WM06834265 funds totaling $232,330.00 in accordance with the grant guidelines. These funds will be used to enhance the local jurisdictions' preparedness to respond to any range of mass casualty incidents from chemical, biological, rdiological, nuclear and explosive events to epidemic outbreaks, natural disasters, and large -scale hazardous material incidents. Mr. Bonifacio moved: That the above communication from the Commissioner of Fire dated June 21, 2007, be received and filed; and That the Commissioner of Fire be, and he hereby is authorized to accept and expend MMRS Grant #WM06834265 funds totaling $232,330.00 in accordance with the grant guidelines. PASSED AYES - 9 NOES -0 NO. 22 THERMAL IMAGING CAMERAS In the interest of training, safety and operations of the Buffalo Fire Department, we are requesting approval to trade in the 9 Scott Thermal Imaging Cameras currently in use by the department. The Division of Purchase is in the process of soliciting bids for approximately 30 thermal imaging cameras that will be used throughout the department. This purchase will be funded through the efficiency grant. Mr. Bonifacio moved: That the above communication from the Commissioner of Fire dated June 27, 2007, be received and filed; and That the Commissioner of Fire be, and he hereby is authorized to trade -in the 9 Scott Thermal Imaging Cameras. PASSED AYES - 9 NOES -0 NO. 23 EXTENSION OF INTER - MUNICIPAL AGREEMENT WITH THE TOWN OF ELMA FOR THE PROVISION OF EMERGENCY RESPONSE SERVICES TO HAZARDOUS MATERIAL INCIDENTS Enclosed for Your Honorable Body's consideration and approval is an Extension of the Inter - Municipal Agreement between the City of Buffalo and the Town of Elma. By way of this agreement, the City of Buffalo will continue to perform emergency response services to hazardous material incidents in the Town of Elma for an annual fee of $4,500. Mr. Bonifacio moved That the Inter Municipal agreement between the COB and The Town of Elma for Emergency response services to Hazardous material Incidents is hereby extended as requested The Mayor and Fire Commissioner are Authorized to execute the same PASSED AYES - 9 NOES -0 NO. 24 PROPERTY AT LEROY & HALBERT ST. The Buffalo Fire Department is requesting that it maintain possession of the property located at Leroy & Halbert, (formerly our Engine 24 firehouse.) Possession of this property is both critical and imperative for the continued storage of our WMD (Weapons of Mass Destruction) trailers. Br. Bonifacio moved That the Fire Dept's report to maintain possession of the property at Leroy & Halbert (Formerly Engine 24) is hereby approved for the Continued storage of WMD trailer PASSED AYES - 9 NOES -0 NO. 25 CERTIFICATE OF APPOINTMENT Appointment effective July 9, 2007 in the Department of Fire to the Position of Account Clerk Typist, Permanent appointment at the third step of $27,748 Denice Sole, 12 Rosemary, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 26 RESTAURANT DANCE LICENSE 01ENEWAL) 20 ALLEN ( 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 20 Allen (Adonia's) for which said renewal application for a Restaurant Dance Class III license is being sought by Yvonne White and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Bonifacio moved That the Restaurant Dance License Renewal at 20 Allen Street to Yvonne White is hereby approved PASSED AYES - 9 NOES -0 NO. 27 RESTAURANT DANCE LICENSE (RENEWAL) 248 ALLEN ( 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 248 Allen (Nietzsche's) for which said renewal application for a Restaurant Dance Class III license is being sought by Yvonne White and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Bonifacio moved That the Restaurant Dance License Renewal at 248 Allen Street is hereby approved for Joseph Rubino PASSED AYES - 9 NOES -0 NO. 28 RESTAURANT DANCE LICENSE RENEWAL 69 CHIPPEWA WEST 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 69 Chippewa West (Bottoms Up Inc) for which said renewal application for a Restaurant Dance Class IV license is being sought by Paul Bonito and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Bonifacio moved That the Restaurant Dance License Renewal at 69 Chippewa West to Paul Bonito at 69 Chippewa West is hereby approved PASSED AYES - 9 NOES — 0 NO. 29 RESTAURANT DANCE LICENSE (RENEWAL) 75 CHIPPEWA WEST ( 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 75 Chippewa West (Level Entertainment LLC) for which said renewal application for a Restaurant Dance Class 1] /license is being sought by Michael Sherk and according to the attached reports from the Fire Department, Police Department and Building Inspections, I fend it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 30 RESTAURANT DANCE LICENSE (RENEWAL) 236 DELAWARE ( 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 236 Delaware (Quote) for which said renewal application for a Restaurant Dance Class I— license is being sought by Daniel Cane and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Bonifacio moved That the Restaurant Dance License renewal at 236 Delaware is hereby approved PASSED AYES - 9 NOES -0 NO. 31 USED CAR DEALER 726 SYCAMORE (FILLMORE) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 726 Sycamore and find that as to form is correct- I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports fro n the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I lave caused an investigation by the Police Department into the moral character of Jimmie Larke. The attached thereto for Jimmie Larke dba/ Larke Enterprises. This request is submitted for your approval :or whatever action you deem appropriate REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO. 32 INFO HERTEL PARK ASSOCIATES RESOLUTION The resolution regarding Hertel Park Associates, LP Pilot Agreement does not fall under the purview of The Dept. of Administration, Finance, Policy and Urban Affairs. RECEIVED AND FILED FROM THE COMMISSIONER OF HUMAN RESOURCES NO. 33 CERTIFICATE OF APPOINTMENT Appointment Effective: 6/21/2007 in the Department of Human Resources , Division of Employee Relations to the Position of Director of Employee Relations, Exempt at the flat salary of $56,359.00 Mary Thomas Scott, 406 W. Summer St, Buffalo, NY 14213 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CITY CLERK NO. 34 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 3148 MAIN ST MOJO "S ON MAIN HEISE DEVELOPMENT LLC RECEIVED AND FILED NO. 36 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Police Marlene Mott Fire Paul Eason. Edward Zupkov, James Twist, Kenneth Eason, Rodney Wilkenson RECEIVED AND FILED NO. 36 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority RECEIVED AND FILED. NO. 37 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Bonifacio moved the approval of the appointments to the position of Council Intern. ADOPTED. CERTIFICATE OF APPOINTMENT Appointment effective 7/2/07 in the Department of Common Council, Division of City Clerk to the position of Inter VI, seasonal non- competitive at the flat starting salary of $10.00 per hour Lyana Luciano, 247 West Ave, Buffalo NY 14201 Joseph Seda, 375 Rhode Island, Buffalo NY 14213 Frank DiGiulio, 678 Parkside Ave, Buffalo NY 14216 Tara Haynes, 58 Dash, Buffalo NY 14220 CERTIFICATE OF APPOINTMENT Appointment effective 6/11/07 in the Department of Common Council, Division of City Clerk to the position of Inter VI, seasonal non- competitive at the flat starting salary of $10.00 per hour John Fuqua, 1265 Sycamore St, Buffalo NY 14211 CERTIFICATE OF APPOINTMENT Appointment effective 7/1/07 in the Department of Common Council, Division of City Clerk to the position of Inter VI, seasonal non- competitive at the flat starting salary of $10.00 per hour Simone Bennett, 391 Emslie, Buffalo NY 14206 CERTIFICATE OF APPOINTMENT Appointment effective 6/25/07 in the Department of Common Council, Division of City Clerk to the position of Inter VI, seasonal non- competitive at the flat starting salary of $10.00 per hour Malcolm Aaron Ertha, 151 Sterling Ave, Buffalo NY 14216 CERTIFICATE OF APPOINTMENT Appointment effective 7/01/07 in the Department of Common Council, Division of City Clerk to the position of Inter V, seasonal non- competitive at the flat starting salary of $8.00 per hour Sandra S. Battel, 64 Fuller ST- Upper, Buffalo NY 14207 CERTIFICATE OF APPOINTMENT Appointment effective 7/02/07 in the Department of Common Council, Division of City Clerk to the position of Inter V, seasonal non- competitive at the flat starting salary of $8.00 per hour Victoria Rucinski, 115 Dempster St, Buffalo NY 14206 Leah Mumm, 66 Villa Ave, Buffalo NY 14216 CERTIFICATE OF APPOINTMENT Appointment effective 7/05/07 in the Department of Common Council, Division of City Clerk to the position of Inter V, seasonal non- competitive at the flat starting salary of $8.00 per hour Ryan Kearns, 390 W. Utica St., Buffalo NY 14222 Victoria Chwalinski, 15 Duluth Ave, Buffalo NY 14216 NO. 38 APPOINTMENTS - MAYOR'S YOUTH OPPORTUNITY & EMPLOYMENT I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. RECEIVED AND FILED. Appointment effective 6/25/07 in the Department of Community Services & Recreational Services, Division of Youth to the position of Intern II, unclassified at the flat salary of $7.15 per hour Keila Perry, 381 Dartmouth Ave, Buffalo 14215 Angelo Brown, 105 Huntley Rd, Buffalo 14215 Lashandra Williams, 4 Maryner Towers Apt #203, Buffalo 14215 Shannon Sylvia, 123 Walter St, Buffalo NY 14210 Davon Alexander, 17 Brooklyn Ave, Buffalo 14208 Christopher Williams, 184 Highgate, Buffalo 14215 Jasmine Jefferson, 140 East End, Buffalo NY 14225 Micheal Daniels II, 205 Courtland Ave, Buffalo 14215 AI'Trina Kimble, 92 Federal, Buffalo 14215 Eligha Hall, 95 Andover, Buffalo 14215 Jacob Coster, 46 Pries Ave, Buffalo 14220 Mathew Jaskula, 53 Susan Lane, Buffalo 14220 Rachel Sosa, 139 Crowley Ave, Buffalo 14207 Adam Haynes, 58 Dash St, Buffalo 14220 Kirley Briggs, 38 Alden Ave, Buffalo 14216 Shimarayah Cantrell, 228 Crowley Ave, Buffalo 14207 Sydney Rae Johnson, 64 Congress St, Buffalo 14213 Amanda Fanara, 359 Bird Ave, Buffalo 14213 Carl Thompson, 811 Humboldt, Buffalo 14208 Cheyanne Myers, 95 Wood Ave, Buffalo 14211 Appointment effective 7/2/07 in the Department of Community Services & Recreational Services, Division of Youth to the position of Intern II, unclassified at the flat salary of $7.15 per hour Richelle M. Roman, 62 Gallatin Ave, Buffalo 14207 Joel Roman, 225 West Ave, Buffalo 14201 Kevin Rollins, 79 Courtland Ave, Buffalo 14215 Rayshaun Rogers, 246 Northland, Buffalo 14208 Emily Rodriguez, 212 Camden Ave, Buffalo 14216 Carlos Rodriguez, 51 18 St, Buffalo 14213 Angel Rodriguez, 124 18 St, Buffalo 14213 Andrew Roche, 131 Wellington Rd, Buffalo 14216 James Smith, 144 East St, Buffalo 14207 Kamel Shafie, 228 Vermont, Buffalo 14213 Marquita Smith, 86 Donovan Dr. Apt 3, Buffalo 14211 Shaquita Smith, 27 Wyoming, Buffalo 14215 Jack Spasiano, 165 Dochester Rd, Buffalo 14213 Maideyi Spate, 168 Timon St apt1, Buffalo 14208 Taylor Smith, 19 Woodlawn Ave, Buffalo 14209 Megan Sobocinski, 345 Gold, Buffalo 14206 Yvette Starks, 503 Doat, Buffalo 14211 Timothy Stanton, 84 East End Ave, Buffalo 14225 Alexus Stover, 209 Newburgh St, Buffalo 14215 Alena Supreunchik, 25 Rosedale St, Buffalo 14207 Melissa Swinnich, 18 Gold St, Buffalo 14206 Cody Sylvia, 123 Walter St, Buffalo 14210 Joseph Szprygada, 102 Pontiac St, Buffalo 14206 Jourdan Rivera, 76 Johnson Park, Buffalo 14201 Jon Rivera, 5 Jersey St, Buffalo 14201 Joel Rivera, 65 Hampshire, Buffalo 14213 Jayquan Rivera, 83 Interpark, Buffalo 14211 Julius Roberts, 400 Seneca, Buffalo 14204 Dakota Roberts, 1677 Clinton St, Buffalo 14206 Rebecca Robles, 715 Prospect Ave, Buffalo 14213 Royce Roberts, 275 Davidson, Buffalo 14215 Briana Thompson, 22 Norma PI, Buffalo 14214 Ernest Thornton, 18 Perkins PI, Buffalo 14213 Autumn Tadusz, 99 Homer, Buffalo 14216 Joniqua Tarrent, 231 Comstock Ave, Buffalo 14215 Benjamen Tabb, 130 N. Parade Ave, Buffalo 14211 Jasmine Tate, 269 Loring, Buffalo 14214 Timothy Taylor, 154 Germain St, Buffalo 14207 Ashley Terell, 189 E. Delavan Ave, Buffalo 14208 Deon Thedford, 56 Lsalle Ave, Buffalo 14214 Ashley Thompson, 187 Carl St, Buffalo 14215 Stehpanie Thomas, 27 W. Winspear, Buffalo 14201 Olivia Rodriguez, 56 Lovering, Buffalo 14216 Kevin Peterson, 120 Brickford Ave, Buffalo 14215 Appointment effective 7/11/07 in the Department of Community Services & Recreational Services, Division of Youth to the position of Intern II, unclassified at the flat salary of $7.15 per hour Angelica Rodriguez, 88 Edge Park, Buffalo 14216 Ashley Grimes, 56 Hayward St. Buffalo 14204 Jasmine Jefferson, 140 East End, Buffalo 14225 Alana Agostino, 142 Wesley Ave, Buffalo 14214 Benjamin Tabb, 130 N. Parade, Buffalo 14211 Brittani White, 205 Wyoming, Buffalo 14215 Isaiah White, 374 Doat, Buffalo 14211 Maurice Garner, 64 Meech Ave, Buffalo 14208 Briana Rodriguez, 804 West Ave, Buffalo 14213 Nathan Mieth, 29 Weiss St, Buffalo 14206 Kendra Rollins, 79 Courtland Ave, Buffalo 14215 Matthew Peay, 343 Norfolk, Buffalo 14215 Ashley Thomas, 187 Carl St, Buffalo 14215 Stephaine Thomas, 27 W. Winspear Ave, Buffalo 14214 Christopher Williams, 184 Highgate Ave, Buffalo 14215 Elyse Woods, 230 Swan St, Buffalo 14204 Casey Krug, 92 Shenandoah Rd, Buffalo 14220 Briana Thompson, 22 Norma PI, Buffalo 14214 Jamine Tate, 269 Loring, Buffalo 14214 Marlisha Rogers, 371 Lasalle Ave, Buffalo 14215 Emmanuel Autry, 427 Olympic Ave, Buffalo 14215 Shannon Sylvia, 123 Walter St, Buffalo 14210 Jack Spasiano, 165 Prochester Rd, Buffalo 14213 Maideyi Spate, 168 Timon St Apt 1, Buffalo 14208 Timothy Stanton, 84 East End St, Buffalo 14225 Donald Zimmer II, 85 Hazelwood Ave, Buffalo 14215 Timothy Taylor, 154 Germain St, Buffalo 14207 Douglas Pryor, 71 E. Utica St, Buffalo 14209 JeQuan Nesbitt, 51 Roosevelt Ave, Buffalo 14215 Nathan Stover, 299 Adams St, Buffalo 14212 Bachia McMillan, 68 Goemble, Buffalo 14211 Meagan Pukrywa, 88 Milburn St, Buffalo 14212 Chelsea Allen, 396 Cornwall Ave, Buffalo 14215 Shwan Long, 347 Roslyn St, Buffalo 14215 Charles Ertel, 105 Gorton St, Buffalo 14207 Devon Ivey, 126 Huntley Rd, Buffalo 14215 Taylor Stroud, 482 Franklin St, Buffalo 14202 Jasmine Hughes, 243 E. Treehaven, Buffalo 14215 Andrew Clark, 114 Waverly, Buffalo 14208 George Davis, 230 Hazelwood Ave, Buffalo 14215 Jessica Butler, 62 Goulding Ave, Buffalo 14208 Kamilah Khalafani, 11 Mable Ct, Buffalo 14203 Philip Lowrey, 553 Stanton St, Buffalo 14212 Azo McCary, 98 Stanton St, Buffalo 14206 Kimberly Mcllwain, 500 Norfolk Ave, Buffalo 14215 Jaena Murray, 505 Shirley Ave, Buffalo 14215 Alijah Lowe, 106 Woodell St, Buffalo 14211 Ashleigh Brown, 95 Gerald, Buffalo 14215 Caleb Buckley, 242 Dodge St, Buffalo 14208 Lakeem Bradberry, 199 Grape St, Buffalo 14204 Brittany Branch, 55 Freund St, Buffalo 14211 Kala Adams, 50 Rupin, Buffalo 14215 Cordair Bailey, 143 Edna, Buffalo 14209 Devyn Brockmyre, 57 Sunnyside PI, Buffalo 14207 Antinette Brown, 87 Arden, Buffalo 14215 Lasean Barbour, 298 Riley St, Buffalo 14208 James Barnes, 57 Tucarora, Buffalo 14220 Branden Bellamy, 46 McMarthy Dr, Buffalo 14211 Edward Borden, 24 La Force PI, Buffalo 14207 Shanique Weatherly, 253 Highgate, Buffalo 14215 Jamal Webb, 56 Courtland Ave, Buffalo 14215 Elyse Whitlock, 119 William Price pkwy, buffalo 14214 Melody Whittaker, 27 Poplar, Buffalo 14211 Andrew Weymounth, 104 Covington Rd, Buffalo 14216 Ariana White, 126 Cambridge, Buffalo 14215 Danielle West, 81 Gorski, Buffalo 14206 Andre Westbrook, 216 Hastings Ave, Buffalo 14215 Andrea Pierce, 20 Welker, Buffalo 14208 Briana Pope, 238 Swan St, Buffalo 14204 Theresa Wells, 52 Bickford Ave, Buffalo 14215 Aaron Welsh, 123 Jones St, Buffalo 14206 Christopher Whitthorne, 36 Collins Walk, Buffalo 14215 Latisha Wilkinson, 222 Esser Ave, Buffalo 14207 Xavier Washington, 43 Greeley St Apt 2, Buffalo 14207 Jalesa Watson, 205 Weston Ave, Buffalo 14215 Andree Wilson, 300 Easton Ave, Buffalo 14215 Bruce Wilson II, 214 Cambridge Ave, Buffalo 14215 Victor Miller, 66 Burgard PI, Buffalo 14211 Edwin Melendez, 331 Crawley Ave, Buffalo 14204 Jasmine Washington, 396 Gibson St, Buffalo 14212 Quincy Washington, 83 Dartmouth Ave, Buffalo 14215 Kyeonta Williams, 418 East Ferry St, Buffalo 14208 Paradise Williams, 115 Davidson Ave Upper, Buffalo 14215 Shakilah Williams, 240 Lemon, Buffalo 14204 Shiheda Williams, 20 Memorial Dr lower, Buffalo 14206 Johnny Williams, 398 Emslie, Buffalo 14206 Kenisha Williams, 83 Domedion, Buffalo 14211 Desom Merchant, 164 Hastings Buffalo 14215 Alysha Merville, 279 Cable St. Buffalo 14206 Carmen Medina, 59 Trinity PI, Buffalo 14201 Kristian Medina, 452 Breckenridge St, Buffalo 14213 Dante Wilkes, 220 Bristol St, Buffalo 14206 Albert Williams, 613 East Delavan, Buffalo 14211 Betzabel Medina, 239 W. Delavan, Buffalo 14213 Mallory McManus, 223 Dearborn, Buffalo 14207 Chapricia McAdory, 531 E Amherst, Buffalo 14215 Ashley Leuer, 322 Gold St, Buffalo 14206 Sandra Miller, 57 Orange St. Buffalo 14204 Carra Wilson, 70 Butler Ave apt 2, Buffalo 14215 Brandon Wimberly, 92 W Depew Ave, Buffalo 14214 Gustavo Woods, 87 Thatcher Ave, Buffalo 14215 Chaniya Worthy, 82 Brunswick, Buffalo 14208 Daniella Zama - Sebegbia, 1765 Carolina St, Buffalo 14201 Nicholas Zielinski,. 242 Cable St, Buffalo 14206 Aaron Wright, 127 Harvard PI, Buffalo 14209 Arielle Wright, 57 Verplank, Buffalo 14208 Brittany Williams, 33 Millicent, Buffalo 14215 Calvin Williams, 40 Seymour St, Buffalo 14210 George Peppers, 494 Winspear Ave, Buffalo 14215 DaQuan Petty, 238 Lemon St, Buffalo 14204 Devin Washington, 102 Lakeview, Buffalo 14213 Diangelo Washington, 60 Storz Ave, Buffalo 14208 Naima Waris, 72 Herkimer St, Buffalo 14213 Anthony Washington, 211 Detroit, Buffalo 14212 Juan Vega, 326 South Park Ave, Buffalo 14204 Yeishmalery Vega, 257 Hudson, Buffalo 14201 Whittney Thrist, 509 Humboldt, Buffalo 14208 Myvette Thurmond, 336 Riverside, Buffalo 14207 Nicholas Smith, 162 Southside, Buffalo 14220 Shaun'te Vass, 1050 Kensington Ave, Buffalo 14215 David Turley Jr, 14 Fosdick ST, Buffalo 14209 Jamyron Turner, 215 Herman St, Buffalo 14211 William Timm, 169 Amber St, Buffalo 14220 Brandon Torrence, 712 Linwood Ave, Buffalo 14209 Carlos Torres, 3 Maryner Towers, Buffalo 14201 Carlos Torres, 116 19 St, Buffalo 14213 Davon Virgil, 112 Woodside Ave, Buffalo 14220 Katlyn Wagonblott, 50 Pavoniq, buffalo 14207 Meghann Knott, 417 Woodside Ave, buffalo 14220 Tanisha Ware, 271 Lemon St, Buffalo 14204 Anthony Rowe, 379 Hampshire, Buffalo 14213 David Sadowski, 88 Central Ave, Buffalo 14206 Jessica Rosati, 58 Columbus Ave, Buffalo 14220 Latajah Ross 89 Crossman, Buffalo 14211 Luljeta Truupi, 2 Lakeview Ave, Buffalo 14201 Silveser Tucker, 116 !9 St., Buffalo 14213 Timothy White, 550 Doat St, Buffalo 14211 Richard Santiago, 623 St. Lawrence Ave, Buffalo 14216 Ayla Torre, 325 West Ave apt 7, buffalo 14201 Keith Phillips, 59 Glor St., Buffalo 14207 DaVon Woods, 40 Delsan Ct, Buffalo 14216 Jasmine Smith, 464 Filmore, Buffalo 14206 Luke Brockmyre, 57 SunnysidiePl, Buffalo 14207 Raymond Ertel, 105 Gorton St, Buffalo 14207 Tyler Brown, 87 Arden, Buffalo 14215 Robert Sanabria, 66 A Carolina St, Buffalo 14201 Victor Victori, 224 Maurice St, Buffalo 14210 Jasmine Martin, 140 Aurora Dr, Buffalo 14215 Patrick Hanley, 51 Ramona Ave, Buffalo 14220 Alston Mays, 258 Schuele Ave, Buffalo 14215 P.J. Frank Redd, 199 Whitney, Buffalo 14201 Chandler Williams, 184 Highgate Ave, Buffalo 14215 Shontay Holloway, 451 S Division St, Buffalo 14204 Taylor Hough, 31 Ashland Ave, Buffalo 14222 Christopher Senical, 90 Jones St. Buffalo 14206 Phayza Quiles, 309 Rhode Island, Buffalo 14213 Njideka Noble, 54 Admiral Rd, Buffalo 14216 Leah Rush, 15 Inwood, Buffalo 14209 Patrick Spruill, 55 Lisbon, Buffalo 14214 Riana Lowe,33 Winslow Ave, Buffalo 14208 Julio Garcia, 535 Fourth St. Buffalo 14201 Francisco Perez, 146 Vincennes, Buffalo 14204 Ebony Harrell, 151 Burgard, Buffalo 14211 Tyree Caldwell, 118 Brunswick, Buffalo 14208 Keiara Littlejohn, 492 Adams St, Buffalo 14212 Ertha Malcolm, 151 Sterling Ave, Buffalo 14216 Shivell Pierce, 22 Bennett Village Terr., Buffalo 14214 Noel Rodriguez, 50 Knox Ave, Buffalo 14216 Dominique Barnes, 88 Dupont, Buffalo 14208 Courtney Collins, 70 Phyllis Ave, Buffalo 14215 Adrian Benton II, 472 E. Ferry St, Buffalo 14208 Tyrie Hames, 383 French, Buffalo 14211 Antonio Hibbard, 71 Lakewood Ave, Buffalo 14220 Chauncy Tall, 977 Northland, Buffalo 14215 Takishiana Payne, 324 Grider St, Buffalo 14215 Samuel Moran, 591 West Ave, Buffalo 14213 Marcus Prewitt, 173 Mulberry St, Buffalo 14204 David Reyes, 280 LaSalle, Buffalo 14215 Anthony O'Neil, 207 Howard St, Buffalo 14206 Dimonesha Pennick, 168 Butler Ave, Buffalo 14208 Erik Prophet, 207 Highgate Ave, buffalo 14215 Katie Felschow, 245 O'connell Ave, Buffalo 14210 Kimberly Williams, 509 Winslow, Buffalo 14211 Rashad Watts, 419 High St., Buffalo 14211 Kayla Williams, 81 Nevada Ave, Buffalo 14211 Aalia Rasool, 164 Elk, Buffalo 14210 Nolan Skipper, 89 Crystal Ave, Buffalo 14220 Nicholas Smith, 163 Southside Pk, Buffalo 14220 Amirah Thomas, 724 Humboldt Pkwy, Buffalo 14211 Sean Thompson, 811 Humboldt Pkwy, Buffalo 14208 Jason Tyson, 139 Blaine, Buffalo 14208 Venetia White, 8 Cambridge Court, Buffalo 14204 Cordero Williams, 406 Norfolk Ave, Buffalo 14215 Krystal Cabrera, 224 Ontario St, Buffalo 14207 Brittany Christian, 219 Wyoming, Buffalo 14211 Dominique Wilson, 18 Montclair Ave, Buffalo 14215 Andrew Zielinski, 76 Crystal Ave, Buffalo 14220 Brittany Washington, 17 Blaine Ave, Buffalo 14208 Aaron Welsh, 123 Jones St, Buffalo 14206 NO. 39 NOTICES OF APPOINTMENTS SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. Appointment Effective 6/25/07 in the Department Assessment and Taxation to the Position Clerk- seasonal flat salary of $8.15 per hour Haven A. Dove - Hampton, 2 North Parade, Buffalo 14211 Appointment Effective 6/26/07 in the Department of Public Works, Parks & Streets Division of Streets to the Position of Laborer II, seasonal, non - competitive flat salary of $8.15 per hour Michael Chapman, 52 Schuele St, Buffalo 14215 NO. 40 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. Appointment Effective 6/27/07 in the Department of Audit and Control Division of Accounting, Investment & Debt Management to the Position of Junior Auditor, permanent, Appointment at the starting salary of $28,772.00. Rachel Cox, 286 East Street, Buffalo 14207 Appointment effective 7/2/07 in the Department of Community Services Division of Substance Abuse Services to the position of Counselor III, Temporary, Appointment, starting salary of $30,555 Sheila Y. Johnson, 119 Shirley Ave, Buffalo 14215 Appointment effective 7/6/07 in the Department of Administration, Finance, Policy & Urban Affair Division of Purchase to the position of Buyer, Temporary, appointment, starting salary of $37,930.30 Marilyn Fazio, 23 Mcclellan Circle, Buffalo 14220 Appointment effective 7/1/07 in the Department of Admin., Finance, Policty & Urban Affairs Division of Purchase to the position of Assistant Director of Purchase, Temporary, appointment starting at the salary of $48,965 Colleen Bohen, 22 St. Martin's PI, Buffalo 14220 Appointment effective 6/25/07 in the Department of Police Division of Administration & Communications to the position of Public Safety Dispatcher, temporary, appointment starting salary of $28,164 Mary E. Ruchaczewski, 357 Gold St. Buffalo 14206 Appointment effective 6/4/07 in the Department of Police Division of Administration & Communications to the position of Public Safety Dispatcher, temporary, appointment starting salary of $28,164 Julia A. Cortes, 147 Greenfield St, Buffalo 14212 Appointment effective 7/9/07 in the Department of Fire Division of Fire to the position of Motor Equipment Mechanic, Temporary appointment at the minimum salary of $28,999.00 Vincent Houston, 449 Hewitt Avenue, Buffalo, NY 14215 Appointment effective June 18, 2007 in the Department of Police to the Position of School Crossing Guard at the salary of 7.09 /hr Cynthia Young, 25 Tremont Avenue, Buffalo, NY 14213 Darlene Muhammad, Buffalo, NY 14204 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NO. 41 IN THE MATTER OF THE CITY OF BUFFALO FINDINGS AND RECOMMENDATIONS BY THE LIVING WAGE COMMISSION JUNE 22, 2007 Introduction On June 11, 2007 the City of Buffalo Living Wage Commission (LWC) held a public hearing to consider grievances filed by City of Buffalo employees as well as other alleged violations by the City of its Living Wage Ordinance, Buffalo City Code § 96 -19 (the "Ordinance "). The LWC heard statements by LWC volunteer attorney Sam Magavern, Deputy Corporation Counsel David Rodriguez, Acting Public Works Commissioner Daniel Kreuz, Public Works employee and grievant Wayne Davis Jr., and two members of the public. Living Wage Commissioners Lou Jean Fleron, Merle Showers, Tanya Perrin - Johnson, Joseph Carriero, Robert Hellwitz, and William O'Connell were present. The hearing was combined with a special meeting of the Common Council's Legislation Committee, and present were Council Members Richard Fontana, Brian Davis, Dominic Bonifacio, Jr., and Michael LoCurto. Human Resources Commissioner Leonard Matarese and Administration and Finance Commissioner Janet Penska were invited by the Legislation Committee to attend but did not attend or submit statements. On June 13, 2007 the LWC met to consider its findings and recommendations. Living Wage Commissioners present were Lou Jean Fleron, Merle Showers, Tanya Perrin - Johnson, Joseph Carriero, Robert Hellwitz, Craig Turner, and Jim Anderson. The LWC makes the following findings and recommendations. Findings Finding #1 The City has knowingly and intentionally violated Section (E)(1) of the Ordinance by failing to obtain applications for contract from prospective employers and forward them to the LWC. For the hundreds of contracts that the City has made since 2003, the LWC has received only one application for contract forwarded by a city department. Examples of cases in which the City violated the Ordinance by failing to obtain a- t REFERRED TO THE COMMITTEE ON LEGISLATION NO. 42 D. BONIFACIO -C TURNER FINDINGS AND RECOMMENDATIONS LIVING WAGE COMMISSION Dear Councilman Bonifacio Today you are being presented a list of findings and recommendations by the Living Wage Commission (LWQ following a public hearing held on June 11, 2007. As you know, participation in the hearing was sparse. Rest of item available for review in The City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION NO. 43 D. BONIFACIO -R. FONTANA CITY APPRENTICE PROGRAM LEGISLATION Dear Mr. Bonifacio, We were very disappointed to hear that the city council voted this month to continue the apprentice program for contractors working for the City of Buffalo. This action precludes our company from bidding and performing work in the city as we are a nonunion company and do not have our own apprentice program. To develop a New York Department of Labor approved apprenticeship program would be cost prohibitive and place an undue burden on a company of our size. We have bid on various work for the City of Buffalo for almost 30 years. Over these years, we have provided numerous paving and site work services that total several million dollars working with Department of Public Works, BURA and Community Development. We pride ourselves in delivering our product with well trained employees with an emphasis on quality work on a timely basis. Over the last 7 years we have worked very effectively with Mike Zera, Senior Engineer in the Public Works Department. It is our opinion that the apprenticeship program legislation doesn't lend itself to every situation of contract work in the city, with the type of work we do as a prime example. In these situations, the results of the program have negative impacts to the city, with reduced competition driving up costs, lower quality of work and longer response time from contractors. At this time we are only asking for a fair and level playing field for companies like ours to be able to bid work in the City of Buffalo. The city itself would benefit from this situation. I would be available anytime to meet with you to further discuss this issue. Thank you for your consideration in this matter. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 44 CITY APPRENTICE PROGRAM LEGISLATION We were extremely disappointed to hear the City Council voted to continue the Apprentice Program for contractors working for the City of Buffalo. This action prevents us from bidding and working for the City of Buffalo as we are a Merit Shop Company and we do not have a Apprenticeship Program to implement such a program. It would be cost prohibitive and a undue burden on our small company. In the early 1970's there were 2 paving companys who did all the paving work in the City of Buffalo, due to work rules that prevented any other contractors from the bidding process. Amherst Paving was the first company to break this monopoly when the rules were relaxed. Other contractors were reluctant to bid this work because they felt they would be unfairly treated. This did not happen and due to our leadership the City of Buffalo has received the lowest prices for their paving work. With this Apprentice Program the City of Buffalo will go back to 1 to 2 local bidders on paving an the costs will soar to SO% to 75% higher than without this program. It is ironic that after 37 years of Amherst Paving providing the City of Buffalo with excellent service, product and timely completion of work the Common Council would make a ruling preventing us from bidding. Through the 37 years millions of dollars have been saved by the City of Buffalo due to competitive bidding process which now will be all but removed. At this time we are only asking for a fair and level playing field for companies like ours to be able to bid work in the City of Buffalo. The city itself would benefit from this situation. I would be available anytime to meet with you to further discuss this issue. Thank you for your consideration in this matter. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 46 INFO TREE DAMAGE FROM STORM Thank You Buck, for your article, basically summed up," How I saved my Street Tree" from the Wrecker's Ball. This sets the example far all of us, that each of us, each of us, can make a difference. That each of us, must take a strong stand, if we see a Thriving Tree marked far unnecessary sentencing. Plead for your tree, speak for it, for like children they are not part of any constituency. Plead for your Tree, with the strangers, who have only come to our area, not as experts, but as workers, to make good money, cutting down our precious landscape, our precious shade, our precious wind protectors, our precious oxygen boosters, our precious noise absorbers, our precious friends, in each and every season. Get out there, if a crew comes, and 'Only if your tree has thrived and needs to be saved, demand a reprieve. Stop the workers and put things on hold for a second opinion, as Buck did. 1. Many trees were wrongly listed to be cut. 2. Many trees thrived beyond the observations made last December, not in Late Winter / or Early Spring. 3. The Stumps will not be removed, unless you pay for it to be done privately. 4. Only live trees are to be cut down. 5. The bigger the diameter, the more money the workers receive. The tallest Dutch Elm left in the city, was wrongly put on the cutters block. Neighbors made calls to the city, to the foresters, to the phone numbers, Buck Listed. Neighbors stayed all day, until the crew from Texas left, without downing our great one, who in dignity and grace has watched over us all, for so many years. Since there will be no new trees coming to replace these gentle ones, we must become Fearless Guardians supporting each other in the protecting our village greens. Protect this special legacy, these thriving trees, seeded in the past, for the future generations, we've become. 'The editor of The Art Voice, Buck Quigley was on the street the day a group of my neighbors and myself were able to save a grand tree our efforts gave Buck and another neighbor the example and permission to save their precious street trees early the next morning. Then Buck, wrote his poignant article, in last weeks Art Voice, entitled "Stumped ". This Mini Article, I've written, is a call to all citizens how they can save thriving trees. I also am available to be called if someone needs support in this noble effort. June 20,2007 'EMBRACE HER TREE BARKS, MIGHTIER THAN BOOKS. PARKS AND STREETS 'WOUNDED WITH BOMBS AND HIGHWAYS THE EARTH COUGHS, BLEEDS, WARNS, AND IS NOT HEARD NOR HEEDED AND STILL SHE LOVES, HER TREMENDOUS HEART EXPANDING, CONTRACTING IN AWSOME MEASURE. Excerpts of Daisy Aldan °s "The Earth is a being that Deserves to be loved" REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS NO. 46 ALLENTOWN ASSOCIATION ENDORSEMENT FOR PATIO PERMIT — 900 MAIN ST In regard to your restaurant at 900 Main St., the Allentown Association will endorse your application for a patio permit. The patio must be in accordance with the Preservation Board design criteria and must also have approval of the Planning Board. Both of which you have indicated you previously received. We also must reiterate some of our concerns regarding sidewalk Cafes: Only authorized between April 1 November 15 Must be closed by 11 pm every night Must be kept clean and free of trash, cigarette butts No consumption of alcoholic beverages Vagrancy must be discouraged Noise must be kept under control we thank you for deciding to do business in Allentown and wish you much prosperity. If there are any concerns please feel free to contact us. RECEIVED AND FILED NO. 47 GRIDER STREET BID ACCADIA SITE CONTRACTING Question Presented: May four omissions in the bid documents of Accadia Sit Contracting Co., Inc, be deemed waivable irregularities, or must the bid be rejected and award be given to the next lowest bidder? Conclusion: The four omissions are waivable irregularities. Discussion: In determining whether bidding defects or irregularities should be deemed non - waivable irregularities, the municipality must determine: 1. Whether waiver would deprive the municipality of its assurance that the contract will be entered, performed and guaranteed according to its specifications; and 2. Whether the is of such a nature as to adversely affect competitive bidding by placing a bidder in a position of advantage over other bidders or would otherwise undermine the necessary common standard of competition. (see, Hamlin Connt., Co., Inc. v. Count of Ulster, 301 AD2d 848). In the instant bid, Accadia Site Contracting, Inc., the lowest apparent bidder, made 4 omissions in its bid documents: 1. Bidder failed to sign page P -1 of the bid document. 2. Bidder failed to print or type the company's name on page P -2 of the bid document. 3. Bidder failed to include a total price of the bid on page BT -39. 4. Bidder failed to complete the designation of a Disadvantaged Business Enterprise Officer at page Appendix 12- 12.13.13. Omissions two and three are of little import. The information required at page P -2 was entered on page P -I, the bid bond identified the bidder, and there was no question as to the identity of the bidder. Likewise, the bidder placed the total of the bid, $4,752,040.52 at page P -2, although the amount was not restated at the end of the bid tabulation section. Omission 4 was not a bidding omission. New York State DOT prepared Appendix 12 sets out detailed matter that must be included in a Federally funded highway contract. The information need not provided at the time of bid, but it must be supplied upon award of the contract. Bidders were instructed to review the matter in Appendix 12 and to sign the certification that the contractor is not on the US Comptroller General's list of ineligible contractors. That certification was provided (See, Supplemental Instructions to Bidders, Sec. 11 -T at page SIB -6). Omission 1, failure to sign the bid, goes to the question whether the omission would deprive the City of its guarantees that the contract will be entered, performed and guaranteed according to specifications. The omission of the Bidder's signature in and of itself does not deprive the City of the entry of the contract or its performance. In this instance the bidder supplied a bid bond in proper form in the sum of 10% of the total bid. The City could rightly rely upon the bid bond to guarantee that the contract would be entered. The likelihood of default in this situation is negligible, as the premium for the bond is substantial, and default would in all likelihood foreclose the bidder from obtaining future bid bonds in the marketplace. REFFERED TO THE COMMITTEE ON FINANCE NO. 48 DESCPMSTRUCTION OF UP TO TEN RESIDENTIAL PROPERTIES COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON FINANCE NO. 49 RELOCATION OF ALCOHOL & DRUG DEPENDENCY SERVICES INC I would like to inform you that Alcohol & Drug Dependency Services, Inc. has submitted an application to the Office of Alcoholism and Substance Abuse Services for approval to relocate the Family Addiction Outpatient Clinic from the Statler Towers to 460 Main Street Buffalo effective October 1, 2007. Alcohol and Drug Dependency Services, Inc. has operated a Family Addiction Outpatient Services clinic for 25 years in Downtown Buffalo. The clinic has been located in the Statler Towers for the past seven years but must relocate due to initiatives by the new owner. Since our client and referral base comes predominately from the City of Buffalo (88 %) the agency desires to continue its operation in downtown. Clinic Hours will be as follows: MONDAY 8:30am- 7:00pm TUESDAY 8:OOam — 5:OOpm WEDNESDAY 8:OOam — 5:OOpm THURSDAY 8:30am — 4:OOpm FRIDAY 8:OOam — 4:OOpm SATURDAY 9:OOam — 1:OOpm SUNDAY CLOSED The landlord at the Statler agreed to have our current lease terminated September 30, 2007 as the building will be going through extensive renovations and services provided by Alcohol & Drug Dependency Services do not fit into their future plans. An application will also be forwarded to the City Planning and Zoning Board. Please contact me at 1- 716 - 854 -2977 should you have any questions. REFERRED TO THE GOMMITTEE ON LEGISLATION, NO. 50 105 BURGARD STREET Dear Mr. Chwalinski: I would like to have the attached item filed for the next Common Council Meeting on July 10, 2007. Your cooperation is greatly appreciated. COPY AVAILABLE IN THE CITY CLERKS OFFICE REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 51 FINDINGS & RECOMMENDATIONS BY THE LIVING WAGE COMMISSION Dear Mr. Chwalinski, Please file the attached document for the upcoming Common Council Session to be held on July 10, 2007 Thank you in advance for your assistance in this matter. COPY AVAILBLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON LEGISLATION STAFF, INTERN NO. 52 BASS PROS AND CONS DISCUSSION JUNE 20, 2007 JASON COZZA, COMMON COUNCIL I. Overview In reaction to strong public interest, WNY Coalition for Progress and WNYMedia.net organized an open discussion" at the Canisius— College on the pros and cons of Bass Pro on our waterfront. The discussion was mediated by Channel 2's Stefan Mychajliw and consisted of a panel of four who answered questions from Mychajliw as well as the audience. The panel's makeup was of individuals with varying interests in the waterfront development. Managing partner of the Sabres Larry Quinn, preservationist Scot Fisher, lawyer Jim Ostrowski, and developer Carl Paladino argued on behalf of their case in an insightful, clear, and productive discussion on Bass Pro. II. Arguments Below is a summary of their arguments either against or in favor of the current plans. Larry Quinn: • The current plans will create a retail center, stronger tax base, and help bring Main Street back to life. Bass Pro is the only way the downtown retail culture can change. Bass Pro is only the beginning of strengthening Buffalo's tax base. Waterfront development also includes expanding housing to the Outer harbor and Buffalo River and adding 200 acres of parkland at the Outer Harbor. Argued that Bass Pro by itself is not a tourist draw, it's what comes after. Stated that the Buffalo area has the largest number of hunting and fishing licenses per capita in the country. The store will give these residents access to goods, which otherwise they can't get. Argued that the case against Bass Pro based on it destroying history is ridiculous because they will be remaking the former building which stood at the site for Bass Pro, stated that historically there was never green space at the site. Stated that after so many years Bass Pro analyzed every location in Buffalo and did not find any other sites suitable or desirable for their development. Said that currently Buffalo is not a downtown but is a wasteland. He can't buy a shirt downtown after 5pm if he tried, he believes Bass Pro will ultimately change this • Encourages people to look at the entire waterfront plan Scot Fisher: • Stressed the importance of history in waterfront development • Emphasized that 14,000 signatures were used to get the Empire State Development Corporation to re -water the old slip and include the historical elements in plans • Asked, why does Bass Pro have to locate on that specific location on the inner harbor? Stated that he's not against Bass Pro only against its planned location. Jim Ostrowski: • Argued against giving waterfront development a $96 million dollar subsidy, which includes $25 million to Bass Pro directly • Argued against the current harbor development team stating that they are not accountable to anyone • Believes corporate welfare is wrong. Said the Bass Pro incentive is illegal according to the New York State's Constitution. • Jokingly added, "They're building a new city in China every month and we can't build a sporting goods store in 8 years." Carl Paladino: • Argued that the following through with the Bass Pro plans is "a smart thing to do" • Stated that Benderson will be successful with developing the foot of Main Street not only because of their past successes but because they are passionate about Buffalo. • Spiritedly spoke of his experiences with the city's failed development plans of the past. Warne people not to make the same decision to kill these plans with rhetoric It should be noted that the panelist all agreed on one particular element of waterfront development. They all want to see the skyway torn down. REFERRED TO COMMITTEE ON COMMUNITY DEVELOPMENT NO. 53 CLINTON CALLS ON FEMA TO UPDATE BUFFALO FLOODPLAIN MAPS Outdated Maps Result in Many Homeowners Having to Purchase Costly and Unnecessary Flood Insurance Washington, DC - Senator Hillary Rodham Clinton is pushing FEMA to update its floodplain maps for the Buffalo area, which are out of date and forcing some homeowners to pay for flood insurance they may never use. In a letter to FEMA Director David Paulison, Senator Clinton called on FEMA to update their floodplain data to present a more accurate picture of the geographical area and its risk for flood. The Senator also said she would be making the modernization of flood maps a priority as measures to reform the National Flood Insurance Program (NFIP) are debated in Congress. "There is no argument against requiring people to have flood insurance if their property is at risk, but many residents in areas of Buffalo are being forced to pay for costly insurance they may not need, simply because FEMA is using outdated data. Although the neighborhoods located near Cazenovia Creek are in a designated flood plain, there has not been a flood in that area in over 50 years. FEMA should revise the local flood plain maps and use up -to -date data so we can ensure the safety of the community without placing an unnecessary financial burden on residents," Senator Clinton said. A copy of Senator Clinton's letter to FEMA Director Paulison follows - Dear Mr. Paulison: Currently, the National Flood Insurance Program (NFIP) requires property owners that reside along floodplains to carry flood insurance. Indeed, this is a critical component of ensuring that homeowners will be covered in the event of a natural disaster and that the federal government's exposure to uncovered damages will be limited. Nevertheless, I believe that it is equally critical that the NFIP employs only those maps that accurately reflect today's flood risks as these maps determine everything from policy decisions on how to spend billions of dollars of infrastructure upgrades to households being required to spend hundreds and thousands of dollars each year for flood insurance policies. I am concerned that many residents who live along the Cazenovia Creek in the City of Buffalo, in particular South Buffalo, may be unnecessarily required to buy flood insurance as a result of outdated maps being used by the NFIP that show this area to be a floodplain. The fact is that there has not been a flood in the affected area in over 50 years, and the City of Buffalo has spent millions of dollars to prevent ice jams in Cazenovia Creek and other flood prevention and mitigation efforts. Clearly, there are few arguments against requiring residents who live in legitimate floodplain areas to carry these policies. However, such a significant mandate should only be made when the information determining the actual floodplain area is accurate. It is my understanding that efforts are underway to present FEMA with new data regarding the Cazenovia Creek area that may present a more accurate picture of the geographical area and its risk to flood. In anticipation of receiving this data, I urge you to give all due consideration to the data's findings. Going forward, as measures to reform the NFIP are debated in Congress, I will be making the modernization of these flood maps a priority. While flood map modernization is only one component of comprehensive NFIP reform, it is absolutely critical. I would also like to be updated on the current status of the map modernization efforts at FEMA and what steps FEMA is taking to ensure that residents that reside in low risk areas or areas that may have been designated as floodplain areas using outdated information are not being unduly burdened by a flood insurance mandate. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 54 FLOOD INSURANCE REPORT The Flood Insurance Dilemma Benefit or Burden ? COPY AVAILBLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 55 SEWING TECHNOLOGY INC We recently sent to you and other member of the County of Erie /City of Buffalo Joint Certification Committee on MBENVBE Certification our application for WBE certification. You should have received our package on or about 6/27/07. On 0612712007, there was a bid opening in the City for Buffalo Police Uniforms anti accessories. We were one of the bidders for that contract. After the opening, I asked the purchasing agent, Mr. Adrian Guadalupe, if a WBE Certification /Application would help us with this current bid or future bids. He advised that it was not and the city did not take that information into consideration for the bidding process. If the city does not recognize MBE/WBE certification, than of what benefit is it to us and other minority and women owned businesses. Additionally, why then is the application considered by 4 of 5 voting members that are in City of Buffalo government? I acknowledge that since we just filed our application, it would not have helped us for the current Buffalo Police Bid, but exactly what is the value of this certification? As you will read in our application for WBE, we are a certified supplier to the U.S. Dept of Defense and other vendors and have recently moved into the retail uniform supply arena. We are conveniently located in 1 he city's Empire Zone on Seneca Street. Although we wonder if being in an Empire Zone will be of any benefit to us. We ask that you let us know if, in fact, a WBE certification will be of any use to us now or in the future. We await your reply. Thank you for your time and consideration. REFERRED TO THE MINORITY BUSINESS ENTERPRISE SPECIAL COMMIITTEE. NO. 56 D. SHANNON - CONCERNS TREES 124 PURDY ST., 126 PURDY ST AND 109 PURDY ST COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMISSIONER OF PUBLIC WORKS PARKS AND STREETS NO. 57 SCHUMER CALLS ON FEMA TO EXTEND REINBURSEMENT DEADLINE SO GREATER BUFFALO AREA CAN SPARE RECOVERING TREES FROM CHAINSAW Trees Damaged In October 2006 Snow Storm Are Now Under FEMA's Gun Adhering To FEMA "s Arbitrary Deadline Will Force "The City Of Trees" And Others To Clear Cut Thousands Of Potentially Viable Trees Schumer: Avoiding The Unnecessary Removal Of Recovering Trees Will Save Taxpayers Money Today U.S. Senator Charles E. Schumer urged Federal Emergency Management Decision (FEMA) to extend, by one year, the October 2007 deadline for compensation for removal of storm -- damaged trees. The trees were damaged by the October 2006 freak snow storm, Lake Storm Aphid. Schumer is concerned that the city and other municipalities don't have enough time to properly assess whether or not damaged trees across the city will be able to recover and avoid removal. In addition, avoiding the unnecessary removal of recovering trees will result in the saving taxpayers money. In a personal letter to FEMA Administrator R. David Paulison, Schumer called for an extension of FEMA's deadline to October 2008. "The City of Trees is renowned for its sylvan parks and lushly - planted streets. Unfortunately, when it comes to the best policy for dealing with damaged trees, nature's clock is not yet synched with the federal bureaucracy - and we need to change that. It's vital that western New York communities receive additional time they need to assess whether or not storm - damaged trees from last October will be able to survive and avoid removal," said Senator Schumer. "Today, I'm calling on FEMA to extend its deadline for removing storm - damaged trees across the Buffalo area. This would save both trees and taxpayer money that would otherwise go towards the removals." The heavy snowfall damaged thousands of trees, particularly in Buffalo and Amherst. Many of those trees may heal in time, but FEMA's deadline pressures communities to take early action in order to qualify for federal reimbursement. "Towns and cities of the region would like to have the option to remove those trees which pose threats to public safety, while allowing other trees more time to heal," Schumer said. Schumer stressed that, if no extension is granted, municipalities would be compelled to take the "safe" financial path and remove trees that might be saved, dealing a devastating blow to Western New York's urban forests. "Forcing removal on an arbitrary timeline only furthers the damage caused by the storm," said Schumer. The city and other municipalities were hit hard by the economic costs of losing the trees. "Beyond their sentimental value," Schumer said, "trees increase property values while decreasing heating and cooling bills. Clearly, a 'cut now, ask questions later' approach to tree removal is not the best solution to a complex problem. Trees should not be cut down under the gun of a FEMA deadline." Previously, Senator Schumer had successfully urged FEMA to reimburse municipalities for their tree removal costs, estimated at nearly $1.4 million, alter FEMA had initially denied reimbursement. In his view, an extension of the time limit would insure that the money is spent prudently on behalf of all Western New Yorkers. "An extension would allow for the opportunity to keep as much of the region's urban forest as possible in place," Schumer wrote in his letter to Administrator Paulison. When the surprise storm occurred, Schumer visited Buffalo immediately. On October 15 2006 he surveyed the damage, then successfully urged the President to make a Major Disaster Declaration which released millions of dollars in federal aid for storm victims. Following the storms Schumer was in close contact with FEMA and the SBA to ensure that aid would be available to those whose homes and businesses were damaged. Schumer also criticized FEMA this spring for failing to fully cover the cost of removing more than 7,000 dangerous and unsightly tree stumps still in place after the October snowstorms. RECEIVED AND FILED NO. 58 PEARL STREET BREWING COMPANY ENVIRONMENTAL ASSESSMENT Dear Mr. Chwalinski: Please file the attached item for discussion at the next Common Council session to be held July 10, 2007. Thank you in advance for your assistance. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW RECEIVED AND FILED NO. 59 R. LUCCHINO, OWNER, USE 937 ELMWOOD AVENUE REMODEL INTERIOR RESTAURANT (HRG 7/17/2007) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 60 E. BUSCAGLIA, OWNER, USE 1991 SENECA STREET, EXPAND AND REMODEL B. KWIK TO INCLUDE SIT IN RESTAURANT (HRG 711712007) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 61 J. AGENT, USE 821 ELK STREET GROUND SIGN (NO PUB HRG) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO.62 PETITION FOR TAX RELIEF Bonnie E Russell President Pro Tempore University District Council Member 66 Niagara Square, 1508 City Hall Buffalo, New York 14203 -3318 Attached is a petition signed by most of the business people affected by the special assessment tax. Please take our concerns into consideration and vote no when the Bailey- Amherst District Management Association's contract comes up for renewal. Voting no on the contract protects those that do not want to participate, but it does not preclude a voluntary association of those that have a continued interest in maintaining one. This gives each business a choice, without a forced unfair tax. We would appreciate it if you would inform your colleagues of our position and encourage them to support a no vote. Thank you for your time and interest in helping us to retain more of our resources to help our businesses and therefore the community to grow and prosper. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW RECEIVED AND FILED NO. 63 J. CHILD, OWNER, USE 900 MAIN OUTDOOR CAFE (NO PUB HRG) CONDITIONS PER COMMON COUNCIL FROM ALLENTOWN ASSOCIATION: 1. ONLY AUTHORIZED BETWEEN APRIL 1 ST AND NOVEMBER 15TH. 2. MUST BE CLOSED BY 11 PM EVERY NIGHT. 3. MUST BE KEPT CLEAN AND FREE OF TRASH, CIGARETTE BUTTS. 4. NO CONSUMPTION OF ALCOHOLIC BEVERAGES. 5. VAGRANCY MUST BE DISCOURAGED. 6. NOISE MUST BE KEPT UNDER CONTROL. Approved with conditions PASSED AYES — 9 NOES - 0 REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 54 APPT SENIOR ENGINEER, PROVISIONAL (INTER)(PW) (CCP# 34, 6/26) That Communication 34 of June 26, 2007 be received and Filed and that the Provisional appointment of Michael Hoffert Stated above at the Intermediate salary of $49,578 is hereby approved. PASSED AYES - 9 NOES -0 NO. 65 NOTICES OF APPOINTMENTS TEMP /PROV /PERM (CTY CLK) (CCP# 62,6/26) That the above item is hereby Received and Filed ADOPTED FINANCE (BRIAN C. DAVIS, CHAIRMAN) NO. 66 AUDIT REPORT -GUN BUY BACK PROGRAM 6/2/2007 (COMPT) (CCP# 13,6/26) That the above item is hereby Received and Filed ADOPTED NO. 67 REPORT OF BIDS GRIDER STREET RECONSTRUCTION - EAST DELAVAN TO LEROY PIN #5756.51 (ITEM NO. 25, C.C.P., JUNE 26, 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 recommitted to the Committee on Finance. ADOPTED. NO.68 DRUG ASSET FORFEITURE WIRE TRANSFERS (POL) (CCP# 35,6/26) That the above item is hereby Received and Filed ADOPTED NO. 69 RESPONSES THE UP SIDE AND DOWN SIDE OF WIRELESS MESH NETWORKS /INTELLIGENT VIDEO SURVEILLANCE FOR STATE AND LOCAL GOVT (POL) (CCP# 37,6/26) That the above item is hereby Received and Filed ADOPTED NO.70 RESPONSE TO AUDIT RECOMMENDATIONS AUDIT REPORT PKG ENF 1/1/03- 6/30/06 (A &F) (CCP# 51,6/26) That the above item is hereby Received and Filed ADOPTED NO. 71 AUDIT REPORT -DIV OF PKG ENFORCEMENT 1/1/06 - 6/30/06 (COMPT) (CCP# 7,5/1) That the above item is hereby Received and Filed ADOPTED NO.72 EXTENSION OF PILOT AGREEMENT - 1995 HERTEL PARKING ASSOC. (ITEM NO. 138, C.C.P., MAY 1, 2007) That the real property identified as 1631 Hertel Avenue, be exempted from real property taxes for an additional five (5) years under the same terms and conditions of the attached PILOT, conditioned upon Hertel Park Associates, having entered into an amended Payment in Lieu of Taxes Agreement with the City; That the Corporation Counsel prepare a PILOT amendment and authorized the Mayor to enter into a PILOT Agreement amendment. PASSED. AYES — 9 NOES — 0 NO. 73 D. BONIFACIO -D. AXNER -THE UP SIDE AND DOWN SIDE OF WIRELESS MESH NETWORKS (CCP# 47, 4/3) That the above item is hereby Received and Filed ADOPTED NO.74 R. FONTANA- INTELLIGENT VIDEO SURVEILLANCE FOR STATE & LOCAL GOVERNMENT (CCP# 51, 4/3) That the above item is hereby Received and Filed ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRMAN) NO. 75 RESULTS OF NEGOTIATIONS SALE OF VACANT LAND 7 PARCELS A. D. PRICE HOUSING DEVELOPMENT (ITEM NO. 7, C.C.P., JUNE 26, 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. 76 M. KEARNS -INFO RES HAVING A COUNCIL REP SERVE ON THE ERIE CANAL HARBOR DEV CORP (CCP# 69, 6/26) That the above item is hereby Referred to the Waterfront Development Committee ADOPTED NO. 77 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) (ITEM NO 107, C.C.P., JUNE 26, 2007) Mr. Golombek moved that the above item be recommitted to the committee on Community Development. ADOPTED NO. 78 LAND DISPOSITION AGREEMENT AND FOR TWENTY -THREE VACANT PARCELS IN SYCAMORE VILLAGE ( STRAT. PLAN.) (ITEM NO. 4, C.C.P., JUNE 12, 2007) (ITEM NO. 108, C.C.P., JUNE 26 2007) Mr. Golombek moved that the above item be recommitted to the Committee on Community Development. ADOPTED NO. 79 HOMESTEAD VACANT LOT NEXT TO 547 MONROE STREET (ITEM NO. 59, C.C.P., JUNE 12 2007) Mr. Golombek moved that the above item be recommitted to the Committee on Community Development. ADOPTED NO. 80 J. GOLOMBEK -P. JOHNSON - HOUSING COURT (CCP# 61 6/12) That the above item is hereby Received and Filed ADOPTED LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 81 E. HOAGLE, PETITION TO USE 185 ALLEN STREET - OUTDOOR PATIO IN COURTYARD (ITEM NO. 72, C.C.P., JUNE 26 2007) That after the public hearing before the Committee on Legislation on July 3, 2007, the petition of E. Hoagle, owner, for permission to use 185 Allen Street for an outdoor patio 12' x 30' 1 story steel frame addition in courtyard be, and hereby is approved with conditions PASSED. AYES — 9 NOES - 0 NO. 82 APPOINTMENTS TO THE BOARD OF CITY PLANNING (ITEM NO. 1, C.C.P., JUNE 26, 2007) That the appointments of members to the City Planning Board of James K. Morell, residing at 18 Jewett Parkway; of Frank A. Manuele, residing at 52 Summit Avenue and Michael J. Lyons, residing at 19 Summer Place for terms commencing immediately and expiring on May 31, 2010, are hereby approved on the condition that they do not owe any outstanding liens to the City of Buffalo. Passed AYES — 9 NOES - 0 NO. 83 INVITATION TO NEXT ENERGY AND ENVIRONMENT MEETING (CP) (CCP# 20, 6/26) That the above item is hereby Received and Filed ADOPTED NO. 84 RESPONSES MAIN HURON LLC COMPLAINTS /LACK OF QUALITY OF LIFE CRIME REPORTS (POL) (CCP# 38, 6/26) That the above item is hereby Received and File ADOPTED NO. 85 MUNICIPAL CODE VIOLATIONS REPORT (CC) (CCP# 39, 6/26) That the above item is hereby Received and Filed ADOPTED NO. 86 P. WOLF- APPEAL OF DENIAL OF CERTIFICATE OF EXCEPTION AND CONDITIONS OF CERTIFICATE FOR 72 -76 PEARL STREET (ITEM NO. 70, C.C.P., JUNE 26, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the above - mentioned item be and the same is hereby received and filed. ADOPTED NO. 87 R. STANTON - APPEAL OF DENIAL OF CERTIFICATE OF EXCEPTION AND CONDITIONS OF CERTIFICATE FOR 72 -76 PEARL STREET (ITEM NO. 102, C.C.P., JUNE 26, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the above - mentioned item be and the same is hereby received and filed. ADOPTED NO. 88 P. WOLF -R. TOBE RESPONSE APPEAL OF DENIAL OF CERTIFICATE OF EXCEPTION CERTIFICATE FOR 72 -76 PEARL ST (CCP# 71, 6/26) That the above item is hereby Received and Filed ADOPTED NO. 89 A. SIMMONS- PROTEST OPENING OF DELICATESSEN AT TEXAS AND E. DELAVAN AVE (CCP# 73, 6/26) That the above item is hereby Received and Filed ADOPTED NO. 90 ORDINANCE AMENDMENT - CHAPTER 216 - GARBAGE, RUBBISH AND REFUSE (ITEM NO. 128, C.C.P., JUNE 26, 2007) That after the hearing before the Committee on Legislation on July 3, 2007, the Ordinance Amendment as contained in Item No. 128, C.C.P., June 26, 2007, be and the same hereby is approved. Passed AYES — 9 NOES - 0 NO. 91 CHURCH CLOSING (I RES ONLY) (CCP# 133, 6/26) That the above item is hereby Received and Filed ADOPTED NO. 92 USED CAR DEALER- 1276 BAILEY (ITEM NO. 42, C.C.P., JUNE 12, 2007) (ITEM NO. 101, C.C.P., JUNE 26, 2007) That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services Permit be, and he hereby is authorized to grant a Used Car Dealer license to Anthony LaBoy d /b /a Excel Motors, located at1257 Bailey. Passed. AYES — 9 NOES - 0 NO. 93 R. COZZI -MAIN HURON LLC- COMPLAINTS RM 101 -3160 MAIN ST. /LACK OF QUALITY OF LIFE CRIME REPORTS (POL) (CCP# 39, 6/12) That the above item is hereby Received and Filed ADOPTED NO.94 E. BAKER - GSA -EST OF DISTRICT HTG -NEW FEDERAL COURTHOUSE(POL) (CCP# 56, 6/12) That the above item is hereby Received and Filed ADOPTED NO. 95 FOOD STORE LICENSE - 1445 EAST DELAVAN (ITEM NO. 36, C.C.P., MAY 15, 2007) (ITEM NO. 96, 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. 96 DESIGNATION OF NOMINEES FOR REAPPOINTMENT TO THE BOARD OF TRUSTEES OF THE BUFFALO AND ERIE COUNTY LIBRARY (ITEM NO.2, C.C.P., MAY 29, 2007) That the Mayor designates nominees to the Board of Trustees of the Buffalo and Erie County Public Library of Frank Gist, residing at 409 Wyoming and Sharon A. Thomas, residing at 76 Benwood Avenue, be and they hereby are approved. Passed AYES — 9 NOES - 0 NO. 97 CONSIDER AN ORD TO IMPOUND ABANDONED SHOPPING CARTS(EDPI) (CCP# 35, 5/15) That the above item is hereby Received and Filed ADOPTED NO. 98 CONSIDER AN ORD TO IMPOUND ABANDONED SHOPPING CARTS (EXC 1 ST RES) (CCP# 130, 4/3) That the above item is hereby Received and Filed ADOPTED NO. 99 M. KEATING- WEGMAN'S MKTS- RESPONSE -OPP ORD TO IMPOUND ABANDONED SHOPPING CARTS (CCP# 59, 5/1) That the above item is hereby Received and Filed ADOPTED NO. 100 M. HENDERSON- TOPS - COMMENTS ORD- IMPOUNDED SHOPPING CARTS (CCP# 63, 5/15) That the above item is hereby Received and Filed ADOPTED NO. 101 P. DEPASQUALE- INFO -502 MINERAL SPRINGS ROAD - ZONING REGULATIONS (CCP# 58, 3/20) That the above item is hereby Received and Filed ADOPTED NO. 102 LACK OF QUALITY OF LIFE CRIME REPORTS (EXC I ST RES) (CCP# 100, 5/29) That the above item is hereby Received and Filed ADOPTED NO. 103 SAVE OUR STREETS PROGRAM RE: IRRESPONSIBLE TENANTS /LANDLORDS (CIT SVS) (CCP# 4, 1/09) That the above item is hereby Received and Filed ADOPTED NO. 104 ESTABLISH DISTRICT HEATING AT THE NEW FEDERAL COURTHOUSE (ITEM NO. 137, C.C.P., MAR. 20,2007) That the Common Council requests the Department of Public Works, Parks and Streets to explore the possibility of the new Federal Courthouse using the City of Buffalo District Heating Program; and That the Department of Public Works Parks and Streets, Emily Baker, Regional Administrator Northeast- Caribbean Region Government Services Administration (GSA), Congresswoman Slaughter, Congressman Higgins, Senator Schumer, Senator Clinton, Hon. William M. Skretny and Hon. Richard J. Arcara from the U.S. District Court respond to this resolution in writing. ADOPTED NO. 105 NOTICE OF PROPERTY OWNERS PRIOR TO EMERG DEMO (EDPI) (CCP# 22, 2/20) That the above item is hereby Received and Filed ADOPTED NO. 106 EVENING WEEKEND AND HOLIDAY DEMO SCHEDULE (EDPI) (CCP# 23, 2/20) That the above item is hereby Received and Filed ADOPTED NO. 107 R. FONTANA- LETTER TO PUB WKS COMM SANCTIONS AGAINST BRAND ON SERVICES (CCP# 58, 5/15) That the above item is hereby Received and Filed ADOPTED NO. 108 R. FONTANA- LETTER TO FIRE COMM- SANCTIONS AGAINST RURAL METRO (CCP# 59, 5/15) That the above item is hereby Received and Filed ADOPTED NO. 109 2007 -2008 SPECIAL DISTRICT VENDING SITE MAP (ITEM NO. 39, C.C.P., MAY 1, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the Common Council approves the attached 2007 -2008 Master List for Special District Vending Sites as submitted by Buffalo Place. Passed. AYES — 9 NOES - 0 NO. 110 DEMOLITION OF 171 SMITH STREET (EXC 1 ST &3 RD RES) (CCP# 102, 11/28) That the above item is hereby Received and Filed ADOPTED NO. 111 R. COZZI -MAIN HURON LLC COMPLAINTS ROOM 101 -3160 MAIN ST (CP) (CCP# 8, 5/29) That the above item is hereby Received and Filed ADOPTED NO. 112 R, FONTANA -S. BANKO- INSPECTION OF PROPERTY -439 GOLD ST (CCP# 45, 4/17) That the above item is hereby Received and Filed ADOPTED NO. 113 M. KEARNS -K. KENNELLY - QUESTIONS -STOP LIGHT - ABBOTT & CAZENOVIA /LORRAINE (CCP# 66,4/3) That the above item is hereby Received and Filed ADOPTED NO. 114 W. SKRETNY -US DISTRICT COURT EST DISTRICT HTG /SUPP FED CTHSE DESIGN W/J ELLICOTT PLAN (CCP# 60, 4/3) That the above item is hereby Received and Filed ADOPTED SPECIAL COMMITTEES MINORITY BUSINESS ENTERPRISE COMMITTEE DEMONE SMITH, CHAIRMAN) NO. 115 DIVERSITY HIRING GOALS That the above item is amended to read $100,000 from $50,000 Approve as amended PASSED AYES - 9 NOES -0 RESOLUTIONS NO. 116 BY: MR. DAVIS 111CL10 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 $ 40,608 be transferred to the DASNY Grant Account as set forth below: From: 16550007 471010 Permits & Inspections- Land Improvements $ 40,608 To: 17523008 489130 Transfer out to Capital Project $40,608 From 17523008 489130 Transfer out to Capital Project $40,608 To Demolition Projects, Economic Development $40,608 PASSED AYES - 9 NOES -0 NO. 117 TRANSFER OF FUNDS BY: BRIAN C. DAVIS PERMISSION TO A HANG A BANNER ON NIAGARA STREET Whereas: The Puerto Rican Day Parade of WNY Association, Inc. would like to hand a banner on Niagara Street between Maryland Street and Hudson Street to advertise the Annual Puerto Rican Day Parade to be held on September 8, 2007; and Whereas: The Puerto Rican Day Parade of WNY Association, Inc. has requested that said banner be displayed from Wednesday, August 15, 2007 through Saturday, September 15, 2007; and Now Therefore Be It Resolved That: The Common Council of the City of Buffalo grants permission to the Puerto Rican Day Parade of WNY Association, Inc. to display a banner for advertisement of the Annual Puerto Rican Day Parade. Be It Further Resolved That: The Puerto Rican Day Parade of WNY Association, Inc. 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. 118 BY: BRIAN C. DAVIS PERMISSION TO HANG FLAGS ALONG NIAGARA STREET Whereas: The Puerto Rican Day Parade of WNY Association, Inc. would like to hang Puerto Rican and American flags along Niagara Street from Niagara Square to Porter Avenue and west on Porter Avenue to LaSalle Park to promote the Annual Puerto Rican Day Parade to be held on September 8, 2007; and Whereas: The Puerto Rican Day Parade of WNY Association, Inc. has requested that said flags be displayed from Saturday, August 25, 2007 through Saturday, September 15, 2007; and Now Therefore Be It Resolved That: The Common Council of the City of Buffalo grants permission to the Puerto Rican Day Parade of WNY Association, Inc. to display the flags for promoting of the Annual Puerto Rican Day Parade. Be It Further Resolved That: The Puerto Rican Day Parade of WNY Association, Inc. will purchase the necessary bond before the flags are hung and said flags shall meet all requirements of pertinent City Department's and no existing laws should be violated. PASSED AYES -9 NOES -0 NO. 119 BY: BRIAN C. DAVIS PERMISSION TO DESIGNATE NIAGARA STREET TO "AVENIDA SAN JUAN" VIA TRAILBLAZING SIGNAGE Whereas: The Puerto Rican Day Parade of WNY Association, Inc. would like to designate Niagara Street from Niagara Square to Porter Avenue "Avenida San Juan "; and Whereas: This designation recognizes the history of Puerto Rican and Hispanic natives moving into the City of Buffalo primarily into the Lower West Side of buffalo, and Whereas: The designation will recognize the local business established on Niagara Street and numerous events that have taken place throughout the years along Niagara Street for example the Puerto Rican Day Parade, Health Fairs and concerts; and Whereas: "San Juan" (Saint John -from St. John the Baptist) is very dear to the Hispanics and its fact that numerous Hispanic countries have a city, town, municipal jurisdiction, or landmark recognizing "San Juan "; and Whereas: The Unites States also has San Juan, New Mexico, San Juan Texas and San Juan County, Colorado; and Whereas: The time is right for the City of Buffalo to honor its Puerto Rican and Hispanic citizenry with this designation. Whereas: The Puerto Rican Day Parade of WNY Association, Inc. would like to place the Trailblazing sign at Niagara Street and Porter Avenue, Niagara Street and Jersey Street, Niagara Street and Pennsylvania Street, Niagara Street and Hudson Street, Niagara Street and Maryland Street, Niagara Street and Virginia Street and Niagara Street and South Elmwood. Now Therefore Be It Resolved That: The Common Council of the City of Buffalo grants permission to the Puerto Rican Day Parade of WNY Association, Inc. to designate Niagara Street from Niagara Square to Porter Avenue "Avenida San Juan" Be It Further Resolved That: The Puerto Rican Day Parade of WNY Association, Inc. will purchase the necessary bond before the trailblazing signs are installed and meet all requirements of pertinent City Department's and no existing laws should be violated. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS PARKS AND STREETS NO. 120 BY. MR. DAVIS RE: BUFFALO SILENT MARCH Whereas: The City of Buffalo has experienced its share of death by violent homicides; and Whereas: Each of these homicides has served to create severe grief, stress and economic hardship on their family survivors; and Whereas: The Buffalo police Department and other police authorities are mounting an endless assault on homicides and other criminal's in the City of Buffalo; and Whereas: Quality of Life Films & Productions, Inc. is engaged in the development of a documentary film which seeks to explore the impact of these homicides on the greater community and an examination of workable solutions to end these senseless killings; and Whereas: Quality of Life Productions along with other active community organizations, will host a Silent March in the City of Buffalo on July 27, 2007, from 12:00 tilt 4:00 p.m., where family survivors will be invited to attend; and Whereas: A Silent March will engage survivors in ways of participating by creating individualized memorials by displaying the shoes of family members who were lost through a violent homicidal act; and Now, Therefore, Be It Resolved That: The City of Buffalo grants a permit to Quality of Life Films and Productions, Inc. to hold the silent march at Niagara Square. Be it Further Resolved That: In light of the intent of this march and the hard work of volunteer participating groups, that all permit fees be waived for this event. PASSED AYES - DAVIS, FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RUSSELL, SMITH - 8 NOES — BONIFACIO - 1 NO. 121 BY BRIAN DAVIS DETERMINATION OF NON - SIGNIFICANCE PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA) FOR DETERMINATION OF APPEAL OF THE DENIAL OF THE CERTIFICATE OF EXCEPTION FOR CERTAIN IMPROVEMENTS AT 72 -76 PEARL STREET, AND CONDITIONS OF CERTIFICATE OF EXCEPTION FOR 72 -76 PEARL STREET FOR OTHER IMPROVEMENTS Project Name: Awnings and Signage for 72 -76 Pearl Street Project Description: Pearl Street Grill & Brewery seeks to make certain improvements to their building consisting of the installation of one signature sign at the southeast comer of the building, two smaller wooden signs at street level above entranceways, five copper canopies over existent and to be installed steel balconies. They further seek this body to reverse and overturn the condition on the granting of partial relief granted by the Preservation Board that they tear down an existing copper awning over their front comer entranceway at the southeast comer of their building. The approvals they would like affirmed by the Preservation Board are set forth on the exhibits attached to the Affidavit of Earl Kerry submitted with his application for an appeal with this matter as well as the proposed exterior modifications they would like to install. Location: 72 -76 Pearl Street SEQRA Status: Unlisted Determination of Significance: Negative Declaration Lead Agency: City of Buffalo Common Council, 65 Niagara Square, Buffalo, NY 14202 Contact Person: Paul Wolf, Chief of Staff, 851 -5105. Whereas: On or about May 14, 2007, the applicant, Pearl Street Grill & Brewery, appealed the partial denial of the Certificate of Exception issued by the Preservation Board on or about February 2, 2007; and Whereas: This body pursuant to § 337 -26 has the full power to approve, modify, or reverse the determinations of the Preservation Board; and The Common Council has sought and obtained lead agency designation; and Whereas The Common Council, after publication of public notice held a public heating on or about the 1 g th day of June, 2007; and Whereas At the public hearing on this matter the applicant thoroughly explained the improvements he wished to make to his building, and the reasons he desired to make the improvements; and Whereas Upon the conclusion of the public heating, this matter was referred to the next regular meeting of the Common Council; and Whereas: The Common Council has given all members of the community the fully opportunity to explain their perspective on proposed improvements; and The Common Council has further reviewed affidavits and documentation of the usage of the building over time, and its previous deterioration; and The Common Council has further reviewed the Affidavit of AJ Petrilli, P.E. concerning the proposed manner of installing the proposed improvements; and This body has fully considered any potential for adverse impacts of the project upon the environment as defined in § 8 -105 of the Environmental Conservation Law; and This Honorable body has further considered the requests for improvements, and its ability to benefit both the long term stability and viability of the building, and the host environment, by utilizing the buildings and its location on or about an expressway ramp to advertise the interior usage of the building; and This Honorable body has also considered the nature of the improvements and the quality of workmanship proposed; and This Honorable body has familiarized with deleterious effects, and tragic circumstances arising out of similar structures when they have been allowed to follow into a state of disrepair due to a lack of productive use of the structure; and This Honorable body has reviewed the Full Environmental Assessment prepared by the applicant; and This Honorable body is fully familiarized with the Joseph Ellicott Historic District; NOW THEREFORE, BE IT RESOLVED THAT THE COMMON COUNCIL MAKES THE FOLLOWING FINDINGS OF FACT 1. The proposed improvements do not have the potential to significantly adversely affect the surrounding environment; and 2. The proposed improvements will help add stability of the to the structure by keeping it occupied by a financially viable tenancy into the foreseeable future; and 3. There are other potential positive benefits to the improvements of keeping visitors to our entertainment centers such as HSBC Arena, and Pilot field in the downtown commercial center; and 4. The improvements also help vitalize the community by adding jobs and life to our Community after the traditional business day hours and help create a downtown community where people live, work, and are entertained. CONCLUSIONS 5. Considering all of the above, it is hereby declared that the improvements will not have a significant adverse impact upon the environment, and a negative declaration pursuant to SEQRA is hereby issued This negative declaration has been prepared in accordance with the requirements of SEQR (Article 8 of the Conservation Law) is hereby issued. ADOPTED AYES — DAVIS, FONTANA, KEARNS, LOCURTO, RUSSELL, SMITH - 6 NOES — BONIFACIO, FRANCZYK, GOLOMBEK- 3 NO. 122 BY: BRIAN C. DAVIS AFFIRMATION, MODIFICATION, AND REVERSAL OF DECISION OF PRESERVATION BOARD DATED FEBRUARY 2 " 2007 CONCERNING GRANTING AND DENIAL OF A CERTIFICATE OF EXCEPTION FOR CERTAIN IMPROVEMENTS AT 72 -76 PEARL STREET, AND CONDITIONS OF CERTIFICATE OF EXCEPTION FOR 72 -76 PEARL STREET FOR OTHER IMPROVEMENTS Project Name: Awnings and Signage for 72 -76 Pearl Street Project Description: Pearl Street Grill & Brewery seeks to make certain improvements to their building consisting of the installation of one signature sign at the southeast comer of the building, two smaller wooden signs at street level above entranceways, five copper canopies over existent and to be installed steel balconies. They further seek this body to reverse and overturn the condition on the granting of partial relief granted by the Preservation Board that they tear down an existing copper awning over their front comer entranceway at the southeast comer of their building. The approvals they would like affirmed by the Preservation Board are set forth on the exhibits attached to the Affidavit of Earl Kerry submitted with his application for an appeal with this matter as well as the proposed exterior modifications they would like to install. Location: 72 -76 Pearl Street Whereas: On or about May 14, 2007, the applicant, Pearl Street Grill & Brewery, appealed the partial denial of the Certificate of Exception issued by the Preservation Board on or about February 2, 2007; and Whereas The Common Council pursuant to § 337 -26 has the full power to approve, modify, or reverse the determinations of the Preservation Board; and Whereas The Common Council has sought and obtained lead agency designation; and Whereas The Common Council after publication of public notice held a public hearing on or about the June 19, 2007; and On or about July 3, 2007, the Common Council heard further comments on this matter; and Whereas The Common Council has further reviewed affidavits and documentation of the usage of the building over time, and its previous deterioration; and Whereas The Common Council has further reviewed the Affidavit of AJ Petrilli, P.E. concerning the proposed manner of installing the proposed improvements; and Whereas The Common Council has further considered all testimony heard at regular meetings, committee meetings, and public hearings of the Common Council and has reviewed all documents submitted to the Common Council in this matter; and Whereas This body has fully considered any potential for adverse impacts of the project upon the environment and determined that the proposed improvements do not pose a significant adverse impact on the environment; and Whereas This Honorable body has further considered the requests for improvements, and its ability to benefit both the long term stability and viability of the building, and the host environment, by utilizing the buildings and its location on or about an expressway ramp to advertise the interior usage of the building; and This Honorable body has also considered the nature of the improvements and the quality of workmanship proposed; and Whereas There are other potential positive benefits to the improvements of keeping visitors to our entertainment centers such as HSBC Arena, and Dunn Tire Park in the downtown commercial center; and Whereas The improvements also help vitalize the community by adding jobs and life to our community after the traditional business day hours and help create a downtown community where people live, work, and are entertained. Now, Therefore Be It Resolved: That the following portion of the Preservation Board decision is hereby affirmed Installation of a seasonal awning /enclosure above the 2 nd floor deck at the west face of the building from approximately October 15 - April 15 of the following year: Remove existing "at- grade" door and frame at the Pearl Street fagade & in -fill opening with fixed construction to match existing door, the arched transom above to remain: Remove the window & paneled construction below at the southernmost window opening of 74 Pearl Street and install the removed door and frame at the enlarged opening; construct a sidelight and panel below to match adjacent window construction: Install a 28' - 0" 1. x 14' Q" d structural steel canopy projecting 66" over the right of way of Seneca Street; Install a 1/8P thick, plate steel "cut -out" painted black letters to be welded inside the flanges of an 8" deep wide flange steel beam, letters to be backlit to create a shadow -box sign reading "CELLAR BAR NOW OPEN" at the east and west faces of the canopy: Be It Further Resolved: That the Common Council hereby modifies a portion of the Preservation Board's decision by removing the conditions imposed that the existing copper canopy at the comer of Seneca and Pearl be removed and it is hereby stricken as a condition; and Be It Further Resolved: That the Common Council hereby reverses the portion of decision of the Preservation Board denying the request for a Certificate of Exception to allow for the installation of: One signature sign at the upper elevation of the South East comer of the building at Seneca and Pearl Street; and The installation of five copper canopies as depicted on the representations of Louis Design Group Inc attached to the Affidavit of Earl Ketry dated May 22 " 2007; and The installation of two smaller wooden signs at the street level entrances also as depicted on the Affidavit of Earl Ketry dated May 22, 2007. These approvals are granted with the condition that all improvements to be attached through the building shall be installed through the mortar joints in the manner outlined in the affidavit of Arnaldo J Petrillo P. E. submitted to this honorable body. Be It Finally Resolved That the Commissioner of Economic Development, Permits and Inspection Services is hereby authorized to issue all permits necessary for the performance of the work as set forth in the foregoing paragraphs. PASSED AYES — AYES — DAVIS, FONTANA, KEARNS, LOCURTO, SMITH - 5 NOES — BONIFACIO, FRANCZYK, GOLOMBEK, RUSSELL —4 NO. 123 BY MR. FRANCZYK REQUEST TO APPROVE LAND DISPOSITION AGREEMENT WITH REVITALIZING URBAN NEIGHBORHOODS - 832 SYCAMORE STREET WHEREAS, Revitalizing Urban Neighborhoods, Inc. (RUN Buffalo) and /or a Corporation, Partnership, Joint Venture or Other Legal Entity to be formed, herein referred to as the "Redeveloper" has submitted a plan for the demolition of the improved property located at 832 Sycamore. WHEREAS, the City of Buffalo Urban Renewal Agency has duly received a proposed Land Disposition Agreement by and between the Agency and Redeveloper; NOW, THEREFORE, BE IT RESOLVED, by the City of Buffalo Urban Renewal Agency: 1) That the terms contained in the document entitled "Contract for the Sale of Land for Private Redevelopment' by and between the City of Buffalo Urban Renewal Agency and RUN Buffalo, Inc. and /or other legal entity to be formed, which is the proposed Agreement for the transfer of title of 832 Sycamore Street is determined to be satisfactory. The property will be transferred from the City of Buffalo to BURA for One ($1.00) Dollar and then from BURA to RUN Buffalo, Inc. and /or other legal entity to be formed for One ($1.00) Dollar. 2) That the Chairman or Vice - Chairman is hereby directed to forward a copy of the Agreement to the Common Council of the City of Buffalo for its action, pursuant to Section 507, subdivision 2(d) of the General Municipal Law. 3) RUN BUFFALO, INC. and /or other legal entity to be formed, is hereby designated as a qualified and eligible Redeveloper in accordance with the rules and procedures adopted by this Agency. 4) That upon approval of the terms in the above mentioned Agreement by the Common Council of the City of Buffalo, pursuant to Section 507 subdivision 2(d) of the General Municipal Law, the Chairman or Vice - Chairman or Secretary is hereby authorized to execute said Agreement on behalf of the City of Buffalo Urban Renewal Agency and the BURA Secretary and General Counsel is authorized to impress the Corporate Seal thereon. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 124 BY MR. FRANCZYK SET PUBLIC HEARING REQUEST TO APPROVE LDA - 832 SYCAMORE STREET - REVITALIZING URBAN NEIGHBORHOODS, INC. - REDEVELOPER WHEREAS, Revitalizing Urban Neighborhoods, Inc. and /or a Corporation, Partnership, Joint Venture or Other Legal Entity to be formed, herein referred to as the "Redeveloper" has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency; WHEREAS, the City of Buffalo Urban Renewal Agency has duly received a proposed Land Disposition Agreement by and between the Agency and Redeveloper; WHEREAS, the terms of said Land Disposition Agreement have been approved by the City of Buffalo Urban Renewal Agency; and WHEREAS, said Land Disposition Agreement has been forwarded by the City of Buffalo Urban Renewal Agency to this Common Council for action, pursuant to section 507, subdivision 2 of the General Municipal Law; and WHEREAS, Section 507(2) of the General Municipal Law requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Public Hearing" in the Buffalo News, no later than the 13th day of July 2007. 2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:OOpro in the Council Chambers on the 1 — day of July 2007. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 125 SPONSOR: MICHAEL J. LOCURTO 2007 GREATER BUFFALO ITALIAN HERITAGE AND FOOD FESTIVAL Whereas: The North Buffalo Community Development Corporation, Hertel -North Buffalo Business Association, and the West Side Business and Taxpayers Association, Inc. have requested permission to, again, jointly conduct the Greater Buffalo Italian Heritage and Food Festival from July 12 through July 15, 2007,onHertelAvenue and Whereas: These groups are also requesting that Hertel Avenue be closed to vehicular traffic between Delaware and Colvin Avenues during the above dates, and that cross streets between Colvin and Delaware Avenues, and also Linden and Tacoma between Colvin and Delaware Avenues, be designated festival areas; and Whereas: This festival will be a major expression of Italian Heritage which includes culture, customs, and foods and will once again attract people from hundreds of miles away; and Whereas: The Italian Festival Committee will continue the drastic changes that were made in 2002 in an effort to focus more on Italian Heritage. The changes are as follows: (A) The festival will run from Thursday, July 12, 2006, to Sunday, July 15, 2007 (4 days) (B) The hours of operation will be from 1 1:00 AM to 11:00 PM on Thursday, Friday, and Saturday, and from 11:00 AM to 10:00 PM on Sunday. (C) The Festival Committee shall control the area bounded by Delaware Ave. from Linden to Tacoma Ave., Tacoma Ave. from Delaware Ave. to Colvin Ave., Colvin Ave. From Tacoma Ave. to Linden Ave., Linden Ave. from Colvin Ave. to Delaware Ave. (D) Within the above area, the festival will operate from just west of Virgil Ave. to just east of Crestwood Ave. shortening the operating area by approximately three blocks. (E) All large amusement rides and all games of chance will be eliminated. (F) Where and when possible, all residents and businesses on Hertel Ave. The Festival Committee will maintain the increased level and presence of security throughout the area agreed to by you and the Festival Board. ((3) Electrical power provided by private source will eliminate large and noisy diesel generators with a whisper quiet electrical generators which eliminate all hazardous wires criss- crossing the street. (H) The Festival Committee will be eliminating most non -food vendors thereby re- focusing our attention on ethnic and cultural areas. Now Therefore Be It Resolved: The North Buffalo Community Development Corp., Hertel -North Buffalo Business Assn., and the West Side Business and Taxpayers Assn., Inc. are hereby granted permission to jointly conduct the 2007 Greater Buffalo Italian Heritage and Food Festival subject to the following conditions: (A) The Festival shall be conducted on Hertel Avenue from July 12, through July 15,2007, between the hours of 11:00 AM and 11:00 PM, except Sunday when the hours are 11:00 AM to 10:00 PM with Tuesday July 10, 2006 after 6:00 PM and Wednesday, July 1 t, 2006 to be used only as set up days, and Monday, July 16, 2006, to be used only as a breakdown day with traffic to recommence by 6:00 AM of that day; (B)Hertel Avenue, between Crestwood and Tennyson Avenues, shall be closed to vehicular and bicycle traffic, and dogs and other animals shall be prohibited during the festival. In addition, cross streets bounded by Colvin, Linden, Delaware, and Tacoma Avenues, including those boundary streets, shall be part of the festival area subject to its rules and regulations. Permittees with the cooperation of and at the direction of the Police Department will furnish and locate barriers to be placed at the beginning (C) That the city -owned residential area parking lot, located behind 1180 Hertel shall be closed to general use and shall be reserved solely for those residents of Hertel Avenue residing within the festival area, and this restriction shall be enforced strictly by the city and festival committee; (D) That the festival committee be, and hereby is, authorized to erect appropriate banners and fittings on street lamp posts on Hertel Avenue from the easterly side of Colvin to the westerly side of Delaware, and to hang a banner across Hertel and at Sorrento's on South Park, all within conditions specified by the Department of Public Works; (E) Permitees shall furnish to the City of Buffalo proper liability insurance as determined by Special Events Committee and Corporation Counsel; (F) Permitees shall assume complete responsibility for removing barriers, pennants, decorations, barricades, stands, equipment and any trash or debris in the area arising out of the festival; (G) Permitees shall assume complete responsibility for conducting the festival in compliance with all laws and ordinances applicable, and with all directives of the various city departments, including Police, Fire, Street Sanitation, Transportation, and Public Works; (H) Permission is hereby granted for the above under such terms and conditions so as to protect the interest of the City of Buffalo, as set forth by the Special Events Committee. PASSED AYES - 9 NOES -0 NO. 126 SPONSOR: MICHAEL J. LOCURTO APPOINTMENT TO THE LIVING WAGE COMMISSION. Whereas: Joseph Carriero has served as the Common Council representative on the Living Wage Commission since 2003; and Whereas: Joseph Carriero has expressed interest in continuing his service on the Living Wage Commission; and Whereas: The appointment of Joseph Carriero to the Living Wage Commission would be beneficial to the City of Buffalo; and Whereas: Mr. Carriero is a retired union leader with 40 years of labor experience; and experience; and Whereas: Mr. Carriero's experience can be helpful in dealing with diverse interests encountered by the Living Wage Commission, and he would serve as a great asset to the Living Wage Commission; and Now Therefore Be It Resolved: That the Common Council of the City of Buffalo designates Joseph Carriero as appointee to the Living Wage Commission. PASSED AYES - 9 NOES -0 NO. 129 BY: MS. RUSSELL BUDGET AND PERSONNEL AMENDMENT 01 - LEGISLATIVE 1005 - COUNCILMEMBER # 4 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 01 - Legislative- 1005 - Councilmember # 4 which currently reads: 1 Senior Legislative Assistant $ 39,039 Is hereby amended to read: 1 Assistant Legislative Aide $ 22,063 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 PASSED AYES - 9 NOES -0 NO. 128 BY MR. SMITH CALLING FOR AN INVESTIGATION OF DOUBLE DEDUCTIONS AND OVER BILLING BY WEB BASED COLLECTIONS The City of Buffalo currently has the ability to accept payments from residents and people who conduct business with the City from it internet webpage; and This ability is relatively new there can be "bugs" or glitches that may need to be addressed; and The Masten District Council Office has received at least one complaint regarding a double deduction on a payment for a water /sewer bill payment; and The customer caught the double deduction and was told the amount would be refunded in 30 to 180 days, this is unacceptable Now Therefore Be It Resolved That: The Common Council Of the City Of Buffalo requests the department of Management Information Systems to attend the next meeting of the Finance Committee Meeting to update the Council on precautions taken to eliminate double billing, number of complaints regarding it —of time for a refund when this takes place. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS AND THE CORPORATION COUNSEL NO. 129 BY MR. SMITH AND ALL COUNCILMEMBERS NATIONAL NITE OUT PERMIT FEE WAIVERS National Night Out was introduced in 1984 as a crime and drug prevention event; add National Night Out reinforces our residents desire to live in crime -free neighborhoods that support and nurture a good quality of life; and During National Night Out, block clubs, community -based organizations and individuals participate in activities such as light displays, cookouts, parades, contests, youth programs and block parties; and The City of Buffalo charges a permit fee for these activities, which can hinder community participation in National Night Out events. Now therefore be it resolved that The Common Council of the City of Buffalo encourages all residents to participate in National Nite Out and Waive all permit fees associated with National Nite Out activities from July to August 2007 PASSED AYES - 9 NOES -0 NO. 130 NON - APPLICABILITY OF THE LORD MANSFIELD RULE IN NEW YORK STATE Whereas: The Lord Mansfield Rule was adopted in 1785 which bars the mother of a child and her legal husband at the time the child was conceived or bon from giving testimony that might prove the child is illegitimate; and A child conceived or born during a valid marriage is presumed in all States to be the legitimate child of the husband and wife. In a controversy over a child's legal status certain States follow the "Lord Mansfield Rule." Under this rule, neither the testimony of the child's mother nor the testimony of the man, who was her husband at the time the child was conceived or born, can be accepted to disprove the child's legitimacy. In some cases the testimony of the mother and /or her legal husband may tend to show that the child is not the offspring of her husband at the time of conception, but makes the child the legitimate child of the husband by marriage; and If the State applies the Lords Mansfield Rule in proceedings, the Social Security Administration and governmental agencies including Child Support enforcement cannot accept statements from the mother due to State Law; and Ignoring paternity fraud is no different than ignoring DNA testing and is just as reprehensible as many other kinds of fraud from which Americans need protection; and States such as Florida, Georgia, Delaware, Hawaii, Idaho, Illinois, Indiana and Louisiana have deemed an act of non - applicability and does not follow the rule. Now Therefore Be It Resolved That: The Common Council of the City of Buffalo does hereby request New York State to follow a change of position in the usage of Lord REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPSRATION COUNSEL NO. 131 BY MR SMITH OPPOSITION TO RATE INCREASES BY NATIONAL FUEL National Fuel Gas Distribution Corporation's New York Division (the Utility), the natural gas utility serving more than 514,000 customers in Western New York, submitted to the New York State Public Service Commission ( "PSC ") a request to re- design and raise its Delivery Service Charges beginning in 2008. National Fuel Gas Distribution Corporation is a subsidiary of National Fuel Gas Company (NYSE: NFG). If approved in full, the proposed $52 million, or 6.4 percent, increase to total revenues would raise the average customer's monthly bill in 2008. Profits for Oil Companies have been posting record high numbers, the average resident for the city of Buffalo has not been so fortunate. In January 2007, the average gas bill is $247 based on supply costs of $186.30 and delivery costs of $60.18; and Increases in heating costs place more residents at risk of going without natural gas /heat during the coldest months in Buffalo as well as places more pressure on an already cash strapped Federally funded Home Energy Assistance Program (HEAP). The New York Public Commission and the City of Buffalo must concede that prompt action is necessary to protect the residents of the Masten District and the City of Buffalo; A public hearing is scheduled for Wednesday, July 11 th 2007 at 1 pm in City Hall in the City of Buffalo Now Therefore Be it Resolved That: This Common Council the City convey our notice of opposition to the New York State Public Service Commission for an increase in rates by National Fuel ADOPTED 10 DIN 1431A BY: DEMONE A SMITH APPOINTMENTS COMMISSIONER OF DEEDS That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2008, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Chelenie Howard Bryan Bell Mary Martino Kenneth Beam Jr Michael Beeney Thomas Gleed Leonardo Tempestoso, Jr Total: 7 ADOPTED NO. 133 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 Barbara Ganis Sharon Beck Joyelle Bartlett Gregory Jacobs Thomas Muscarella Nancy Jackson Thomas Rusin TOTAL7 ADOPTED NO. 134 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, July 17, 2007 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, July 17, 2007 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, July 17, 2007 at 1:00 o'clock P.M. Committee on Legislation Tuesday, July 17, 2007 at 2:00 o'clock P.M. Special Committees Committee on Legislation Thursday, July 12, 2007 at 10 AM Committee on Education Wednesday, July 18, 2007 at 11:00 AM Taxicab & Livery Ad Hoc Thursday, July 19, 2007 at 10:00 AM (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware: therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 135 ADJOURNMENT On a motion by Mr. Bonifacio, Seconded by Mrs. Russell, the Council adjourned GERALD CHWALINSKI CITY CLERK