The URL can be used to link to this page

Home My WebLink About07-0918 (2)No. 17 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO SEPTEMBER 18, 2007 POLICE AND FIRE PENSION SEPTEMBER 20, 2007 MAYOR Hon. Byron W. Brown COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL FILLMORE DISTRICT David A. Franczyk PRESIDENT PRO TEMPORE UNIVERSITY DISTRICT Bonnie E. Russell MAJORITY LEADER NIAGARA DISTRICT DOMINIC J. BONIFACIO JR DISTRICT COUNCIL MEMBERS BRIAN C. DAVIS - ELLICOTT RICHARD A. FONTANA - LOVEJOY DEMONE A. SMITH - MASTEN MICHAEL J. LO CURTO - DELAWARE JOSEPH GOLOMBEKJR. - NORTH MICHAEL P. KEARNS - SOUTH REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Brian C. Davis, Richard A. Fontana, Michael J. LoCurto - Members CLAIMS COMMITTEE: Michael Kearns Chairman, Dominic J. Bonifacio Jr., Richard A. Fontana, Joseph Golombek, Jr.,- Members COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr. Chairman, Richard A. Fontana, Michael J. LoCurto, Bonnie E. Russell, Demone Smith - Members FINANCE COMMITTEE: Brian C. Davis, Chairman, Dominic J. Bonifacio, Jr., Michael Kearns, Michael J. LoCurto, Bonnie E. Russell - Members. LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Dominic J. Bonifacio Jr., Joseph J. Golomberk Jr., Michael P. Kearns, Bonnie E. Russell - Members RULES COMMITTEE: David A. Franczyk, Chairman, Dominic J. Bonifacio Jr., Bonnie E. Russell - Members SPECIAL COMMITTEES BUDGET COMMITTEE: Dominic J. Bonifacio, Jr., Chairman, Brian C. Davis, Richard A Fontana, Joseph Golombek, Jr. Bonnie E. Russell - Members MINORITY BUSINESS ENTERPRISE COMMITTEE - ,Demone Smith Chairman Brian C. Davis, Richard A. Fontana, Bonnie E. Russell Members EDUCATION COMMITTEE ;Demone Smith Chairman, Michael P. Kearns, Bonnie E. Russell Members WATERFRONT DEVELOPMENT COMMITTEE — MICHAEL P. KEARNS, CHAIRMAN, BRIAN C. DAVIS, RICHARD A. COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, SEPTEMBER 4, 2007 AT 2:00 p.m. PRESENT — David A. Franczyk, President of the Council, and Council Members Bonifacio, Davis, Fontana, Golombek, Kearns, LoCurto, and Smith — 8. ABSENT — Russell- 1 On a motion by Mr. Bonifacio, seconded by Mr.Fontana, the minutes of the stated meeting held on September 4, 2007 were approved. INVOCATION - PLEDGE TO FLAG - FINAL "September 18, 2007 "' 2:00 PM MAYOR 94 -40. Bonifacio 1. Appt Crystal J. Rodriguez- BMHA Board of Commissioners. LEG,COLL MAYOR - EXECUTIVE Excuse Councilmember Russell From Meeting 2. Strat Plan -SEAR -Lead Agency Desig. Perf Arts Housing Dev. 1504 -1518 Michigan(Mas) R &F 3. Strat Plan -SEAR- Negative Declaration Buffalo Forge Property Acq.(EII) R &F 4. Strat Plan -SEAR- Negative Declaration 41 Columbia St.(Fill) R &F 5. Strat Plan -SEAR- Negative Declaration 244 Dewitt St. (AKA 99,103,105 Potomac Ave)(Nia) R &F 6. Strat Plan -SEAR- Negative Declaration 937 Elmwood Ave.(Nor) R &F 7. Strat Plan -SEAR- Negative Declaration 1991 Seneca St.(South) R &F 8. Strat Plan -SEAR- Negative Declaration 2157 Seneca St.(South) R &F 9. Strat Plan -SEAR- Negative Declaration 146 West Utica St.(Nia) R &F 10. Strat Plan -SEAR- Negative Declaration 1351 -1353 West Ave.(Nia) R &F 11. Strat Plan -SEAR- Negative Declaration Zeptometrix Co. 872 Main St(Ell) R &F 12 -11A Strat Plan - Utility Easement Agmt- Niagara Mohawk -Use Portion of 1 Marine (Fill) APP COMPTROLLER 13 -12. Interfund Loan - Signal Improvements $500,000 APP PUBLIC WORKS 14 -13. Change in Contract -Curb & Sidewalk Rep -2006 #92011216 APP 15 -14. Change in Contract - Resurfacing of City Pavements -2006 #92011127 APP 16 -15. Change in Contract - Shoshone Pool Emerg Treatment Sys Rep(Univ) APP 17 -16. Change in Contract - Sycamore Village Subdiv. Waterline & Sewer #93000007(Fill) APP 18 -17. Converting Tower Shoreline Beach into Public Beach Front(Ell) CD 19 -18. Perm. to Enter into Agmt With NYS Unified Court Sys APP 20 -19. Report of Bids -Fire Eng# 35 Overhead Door Rep (Fill) APP 21 -20. Report of Bids - Riverside Library Roof Reconst. (North) APP 22 -21. Report of Bids Gen Const Stump Removal Cont Citywide APP POLICE 23 -22. Req Perm to Utilize Drug Asset Forf Funds -to Cover Vehicle Seizure Fees APP 24 -22A Approval to Transfer Vehicles From Dart St Impound to BPD APP(W /COND) PERMITS & INSPECTIONS 25 -23. B. Davis -J. Steward - Demolition 23 Eureka FIN 26 -24. Endorsement of COB Application for Restore NY Communities Initiative Program R &F 27 -25. Bid Opening "Asbestos Air Sampling and Project Monitoring Services" June 22, 2007 APP 28 -26. Req All Cert., License, Permit & Registrations to Clear a Collections Check LEG,CC CITY CLERK 29 -27. Liquor License Applications R &F 30 -28. Leaves of Absence R &F 31 -29. Reports of Attendance R &F 32 -30. Notices of Appointments - Council Interns ADOPT 33 -31. Notices of Appointments - Seasonal R &F 34 -32. Notices of Appointments - Temp. /Prov. /Perm. CS MISCELLANEOUS 35 -33. B. Campbell -Peace Bridge Exp Proj -Draft Envir Impact Statement CD 36 -34. LP Ciminelli -Board Packet Documents September 2007 R &F 37 -34A B. Davis - Request for Greater Refuge Temple Lot Acquisition CD,EDPI, STRAT PLAN 38 -35. M. Kearns -G. Greenway Concerns Paving and Curbing on Buffum Street LEG,PW 39 -35A M. Kearns - NYSDOT to Reconsider its Plan for Southtowns Connector Project WATERFRONT 40 -36. J. Levy- Parking Issues Inner Harbor Development WATERFRONT 41 -37. J. Norquist -Info Revitalizing Buffalo's Waterfront WATERFRONT 42 -38. P. Wolf- Acceptance of Conference Scholarship to Aide Fee /National League of Cities APP PETITIONS 43 -39. W. Smith & O- Residents of Park St Between Virginia & Allen Request Alternate Parking Hours to be Modified LEG,PW RESOLUTIONS 94 -40. Bonifacio Restore NY Communities Initiatives - Municipal Grant Program(Hrg 9/18) APP 95 -40A Bonifacio Excuse Councilmember Russell From Meeting ADOPT 96 -41. Davis LL Intro# 8 Amending Article 7 of The Charter in Relation to Div of Investment and Debt Mngt LEG 97 -42. Fontana PILOT Agreement 1603 Seneca St FIN 98 -43. Fontana Waive Const. Fees & Contractor Lic. Fees for Habitat For Humanity Buffalo For 2007 -2008 APP 99 -44. Fontana Waive Disposal Fees for Habitat For Humanity of Buffalo - South Ogden Transfer Station for the 2007 -2008 Fiscal Year APP 100 -44A Fontana Opposition to the Importation of Chinese Made Vehicles ADOPT 101 -45. Franczyk Shift of Operations Into Empire Zone APP 102 -46. Golombek Support for Small Business Innovation Research (SBIR) Program ADOPT 103 -47. Golombek Utilizing Bflo Special Police to Assist With Quality of Life Issues ADOPT 1 RES REM TO LEG,CC 104 -48. Kearns, etc Filing Copies of Council & CitiStat Meeting Tapes With The City Clerk ADOPT 1 & 2 "� RES REM TO LEG, TELECOMM 105 -49. LoCurto Inspector General Position Must Be Independent ADOPT 2 RES, REM TO LEG 106 -50. LoCurto, etc Proposed Res. for COB CC Regarding the LivingWage and Contracting Proc. BUDGET,CC 107 -51. Russell Appoint Senior Legislative Assistant(Munson) ADOPT 108 -52. Smith Comm of Deeds Public Duties ADOPT E, 111: 3di11, �9[ o7► ll1,.I lli] :KKo] dildilNNI:I:glg:ldil ,97i]:il.I:9K0111►Nllndil:l:191kim CIVIL SERVICE 44- 1.Com 25 Sept 4 Appt Assessor, Prov, (3 Step)(Herndon)(Assess) APP 45- 2. Com 39 Sept 4 Appt Assistant Administrator, (Temp)(Inter)(Marciano)(PW) APP 46- 3. Com 40 Sept 4 Appts Laborer II, (Perm) (Max)(Crapo, Davis)(PW) APP 47- 4. Com 41 Sept 4 Appt Truck Driver, (Prov)(Max)(Carney)(PW) APP 48- 5. Com 42 Sept 4 Appt Filtration Plant Operator, (Perm)(Inter)(White)(PW) APP 49- 6. Com 44 Sept 4 Appt Assistant Engineer (Temp)(Max)(Schmarder)(PW) APP 50- 7. Com 47 Sept 4 Appt Senior Public Safety Dispatcher, (Temp)(Inter)(J ones) (Police) APP 51- 8. Com 48 Sept 4 Appt Report Tech, Perm, (Max)(Lawson)(Police) APP 52- 9. Com 61 Sept 4 Appt Account Clerk Typist, (Prov)(2 Step)(Caputo)(EDPI) APP 53- 10. Com 62 Sept 4 Appt Building Inspector, (Cont Perm)(3 Step)(Curtin)(EDPI) APP 54- 11. Com 63 Sept 4 Appt Combustion Inspector, (Prov) (5 Step)(Bifaro)(EDPI) APP 55- 12. Com 66 Sept 4 Appt Special Asst. To Commissioner of Human Resources, (Prov) (Heidinger)(HR) R &F 56- 13. Com 67 Sept 4 Appt Compensation Benefits Specialist, (Prov)(3 Step)(Higgins)(HR) APP 57- 14. Com 74 Sept 4 Notices of Appointments - Temp /Prov /Perm (C. Clk.) R &F 58- 15. Com 75 Sept 4 Appts Senior Council Clerk, (Prov)(Inter)(Lehner, Rucinski)(C. Clk.) APP 59- 16. Com 76 Sept 4 Appt Administrative Assistant, (Perm)(Inter)(Nobile)(C. Clk) APP FINANCE 60- 17. Com 7 Sept 4 Status of Proposed Mngt and Operation Agmt With BCAR Inc (Bd of Pkg) R &F 61- 18. Com 22 Sept 4 Bd of Pkg BCAR Mngt Agmt(Compt) R &F 62- 19. Com 49 Sept 4 Status of Review and Neg of Buffalo Civic Auto Ramps Mngt Agreement(CC) R &F 63- 20. Com 65 Sept 4 Auction Vehicle for City Use(A &F) R &F 64- 21. Com 68 Sept 4 Contract for Police Promotional Examinations(HR) APP 65- 22. Com 8 May 1 Bond Closeout $830,000 (Compt.) R &F 66- 23. Com 1 Apr 4 BCAR- Management Agreement (Pkg. Bd.) R &F 67- 24. Com 23 July 24 Bd of Parking- BCAR Management Agreement (CCP #2 07 /10 /07(Compt) R &F 68- 25. Com 59 July 24 Buffalo Civic Auto Ramps Inc Parking Facilities Mngt Agmt R &F 69- 26. No 84 May 16 Contract for Pkg. Mgmt. Services -Bflo. Civic Auto Ramps (BCAR) (LAW)( #33,11/29) R &F 70- 27. No 52 May 29 B. Davis - Comments -Bflo Municipal Pkg System R &F 71- 28. Com 3 June 26 B. Davis - Comments Buffalo Municipal Parking System (Bd of Pkg) R &F 72- 29. No 31 Jan 9 J. Golombek- Letter - Eliminate Redundancy /Duplicity in Operations of COB R &F COMMUNITY DEVELOPMENT 73- 30. Res 144 Sept 4 B. Davis Proposed Land Disposition Agreement Btwn COB and BURA (hrg 9/18) _RECOMMIT 74- 31. Com 14 Sept 4 SEQR Negative Declaration Main /LaSalle Property Acquisitions(StratPlan) R &F 75- 32. Com 17 Sept 4 Approval of Contract for Sale of Land Between Zeptometrix Realty & The Buffalo Urban Renewal Agency (878 Mai n)(StratPlan) RECOMMIT 76- 33. Res 105 May 15 Est. A. Land Bank Entity (Exc. 1 Res.) R &F 77- 34. Res 162 Mar 6 Small Bus. Entrepreneurs Are Key To Creating a Unique Vibrant Waterfront ADOPT 78- 35. Res 108 Jan 24 A. Time for Change (Exc. 1 sc & Fin. Res.) R &F 79- 36. Com 10 July 24 CARE Architectural Services(Strat Plan) R &F 80- 37. Com 13 July 24 Peace Bridge Expansion Project(Strat Plan)_ R &F 81- 38. No 130 July 24 Results of Negotiations -444 Woodlawn (Masten)(St Plan)( #13,6/12)( #111,6 /26)_RECOMMIT 82- 39. No 93 July 24 J. Picciano -FEMA Determination of 228 Fenton St -in Special Flood Hazard Area(Lov) R &F LEGISLATION 83- 40. No. 99 Sept 4 C. Ratajczak- Agent -Use 1193 Delaware, Convert to Admin. Offices (Del)(hrg 9/11) APP 84- 41. No. 100 Sept 4 I. Nelson- Owner -Use 1412 Kensington, Night Club /Restaurant (Eat In), Also Outdoor Cafe (Univ)(hrg 9/11) RECOMMIT 85- 42. No. 101 Sept 4 J. Macaluso- Owner -Use 67 W. Chippewa for a Sidewalk Cafe (Ell) (No Pub Hrg) APP 86- 43. No. 2 Sept 4 Reappointment Cynthia Schwartz Board of City Planning(Mayor) APP 87- 44. Com 31 Sept 4 Dedication and Street Naming: Sydni Alley, Sycamore Village Subdivision Proj(PW) APP 88- 45. No. 53 Sept 4 Food Store License 117 -119 Colvin (Del)(EDPI) RECOMMIT 89- 46. No. 55 Sept 4 Food Store License 1199 Kensington (Univ)(EDPI) RECOMMIT 90- 47. No. 56 Sept 4 Food Store License 1030 Main (Ellicott)(EDPI) APP 91- 48. No. 57 Sept 4 Food Store License 2319 Main (Mas)(EDPI) DENY 92- 49. Res 148 Sept 4 Permission for Jack Coyle Trailblazing Signage APP 93- 50. Res 156 Sept 4 Trailblazing Sign in Honor of Elder Otis Stephens APP FROM THE MAYOR NO. 1 APPT BMHA BOARD OF COMMISSIONERS I, Byron W. Brown, Mayor of the City of Buffalo, pursuant to the powers vested in me by virtue of New York State Public Housing Law § 30, 34 and 404 hereby certify: That on the 4 h Day of September, 2007, 1 appointed Chrystal J. Rodriguez, residing at 49 Briggs Avenue, Buffalo, NY 14207, a member of the Buffalo Municipal Housing Authority, Board of commissioners, for a term commencing immediately and expiring October 19, 2007 REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DIVISION OF COLLECTIONS FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF STRATEGIC PLANNING NO. 2 SEQR LEAD AGENCY DESIGNATION, PERFORMING ARTS HOUSING DEVELOPMENT The Bethel Community Development Corporation, in cooperation with the City of Buffalo, proposes to undertake the construction of five new, two story, single - family homes in the City's Masten Park and Kingsley Neighborhoods. Three homes are to be constructed on lots at 1504 -1518 Michigan Avenue, and two homes on City owned lots at 95 -101 Woodlawn Avenue. The Buffalo Urban Renewal Agency (BURA) proposes to provide approximately $1,540,172 of HOME financing for the project. Prior to the implementation of the above - referenced action, the requirements of the New York State Environmental Quality Review Act (SEAR) must be satisfied. The project, as defined under SEAR, is an "Unlisted Action" for which the completion of a coordinated environmental assessment is recommended by BURA. As per Section 617.6 of the regulations, an agency responsible for determining the effect of the project on the environment must be designated from among the involved agencies within 30 calendar days of this communication. It is proposed that BURA act as the lead SEQR agency for this action. I am requesting that the Common Council agree to BURA acting as the Lead Agency. The project Environmental Assessment Form is enclosed for your review. RECEIVED AND FILED NO. 3 SEQR NEGATIVE DECLARATION, BUFFALO FORGE PROPERTY ACQUISITIONS The Buffalo Urban Renewal Agency proposes to acquire approximately 9.4 acres of vacant land owned by the Buffalo Forge Company in the City's Willert Park Neighborhood. Upon acquisition, the land will be marketed by BURA for future appropriate redevelopment. Prior to the implementation of the above - referenced action, the requirements of the New York State Environmental Quality Review Act (SEAR) must be satisfied. The project, as defined under SEAR, is an "Unlisted Action" for which BURA has completed an uncoordinated environmental assessment. It is submitted, in accordance with Section 617.7 of the regulations, that the impacts resulting from the proposed project will not have a significant adverse effect on the environment. The project Negative Declaration (determination of non - significance on the environment) is submitted to the Common Council as per Section 617.12 of SEAR. RECEIVED AND FILED NO. 4 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON- SIGNIFICANCE 41 COLUMBIA This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEAR), Article 8 of the New York State Environmental Conservation Law. 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: Nicholson & Hall, Interior /Exterior Renovation 41 Columbia Street Type of Action: Unlisted - Uncoordinated Description: Nicholson & Hall, Boilermakers is proposing to rehabilitate their facility located at 41 Columbia Street Buffalo New York. The project will involve the reconstruction of approximately eight thousand (8000) square feet of interior space within Nicholson & Halls existing two -story office facility end minor improvements to the break room /office area within the attached single story masonry addition fronting South Park Avenue. The rehabilitated structure will be "skinned" on the exterior with new material reflecting the character of the surrounding area. The project will be funded privately and cost approximately $650,000. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact 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: the rehabilitation will allow Nicholson & Hall boilermakers remain in the Buffalo area and continue to provide employment to the many individuals that live in the City of buffalo and surrounding community. 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. Dated August 21 2007 RECEIVED AND FILED NO. 6 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON- SIGNIFICANCE 244 DEWITT ST This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEAR), Article 8 of the New York State Environmental Conservation Law. City of Buffalo Planning Board Room g01, 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: Brian's Landscaping Parking /Storage Lot 244 Dewitt Street (AKA 99,103,105 Potomac Avenue) Type of Action: Unlisted - Uncoordinated Description: Brian's landscaping is proposing the construction of a parking/ storage lot located at 244 Dewitt (AKA 99,103, 105 Potomac Avenue) Buffalo New York. The project will include paving, a pre -cast catch basin installed in the northwest comer of the lot, new fencing and a rolling gate. Landscaping has been planted along the north side of the lot. The project will be funded privately and cost approximately $30,000. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact 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 project will allow Brian's Landscaping to continue to remain a competitive business and allow for the possible hiring of new employees. 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 NO. 6 LEAD AGENCY: NEGATNE DECLARATION NOTICE OF DETERMINATION OF NON- SIGNIFICANCE 937 ELMWOOD AVE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEAR), Article 8 of the New York State Environmental Conservation Law. City of Buffalo Planning Board Room 901, City Haft 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 Elmwood Taco & Subs Location 937 Elmwood Avenue Type of Action Unlisted- Uncoordinated Elmwood Taco & Subs Description: Elmwood Taco & Subs is proposing the renovation of the former Burger King restaurant located at 937 Elmwood Avenue, Buffalo New York. The project consists of the renovation of the dining and kitchen as well as an approximately six hundred (800) square foot cooler addition located at the rear of the proposed restaurant. The interior renovations include updated furnishings, new fixtures, updated kitchen and new toilet facilities. Th project will be funded privately and cost approximately $150.000. As result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact 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: the recently abandoned Burger King Restaurant will be now be occupied by a viable operating business currently located on Elmwood Avenue. 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 01 [61Wl LEAD AGENCY: ACTION TITLE NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON- SIGNIFICANCE 1991 SENECA ST This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEAR), Article 8 of the New York State Environmental Conservation Law. 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: Tops Neighborhood Market (former B -Kwik Market) Action Title Tops Neighborhood Market (former B -Kwik Market) Location 1991 Seneca St Type of Action: Unlisted - Uncoordinated Description: Supermarket Management Inc. is proposing to construct a building addition on the property located at 1991 Seneca Street on the city's Southside. The proposed four thousand, two - hundred (4,200) square foot addition will include facade renovation and parking lot screening. The addition will be comprised of a Tim Horton's kiosk and an expanded produce and market area with a air lock vestibule, cooler and freezer. The existing thirty two (32) car parking lot will be resurfaced and re- striped, with the elimination of a curb cut on Knoerl Avenue. The total parking count will increase to thirty -eight (38) cars with deliveries remaining at the rear of the site. A landscaped screening buffer will be planted along Knoerl Avenue and flanking the Seneca Street entrance replacing existing pavement. The project will be funded privately and cost approximately $800,000 dollars. As • result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact 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: the proposed renovation will allow a well established South Buffalo business remain strong providing a much needed supermarket to the residents living in this community. 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 NO. 8 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON- SIGNIFICANCE 2157 SENECA ST This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEAR), Article 8 of the New York State Environmental Conservation Law. 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 KeyBank Branch Modernization Location 2157 Seneca Street Type of Action: Unlisted - Uncoordinated Description: KeyBank is proposing to rehabilitate their facility located at 2157 Seneca Street Buffalo New York. The project will involve principally interior renovation that will include a new teller line, check desk and platform area. The entire interior will receive new finishes that have been approved by KeyBank Corporate. A portion of the renovation will effect the exterior as a result of the existing ATM machine from its original location to a location toward the rear of the building. Areas remaining from the relocation will be in filled with storefront framing and glazing. Masonry voids will be in filled with masonry to match in kind. A new canopy will be constructed above the new ATM location and extend across the rear of the building to cover the rear entrance to the bank. New awnings will be installed over each glazed opening on the bank's north elevation. The project will be funded privately and cost approximately $125.000. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact 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: the rehabilitation will allow KeyBank to remain a strong fixture in the South Buffalo community. 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 - 715 851 -5085. RECEIVED AND FILED NO. 9 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON- SIGNIFICANCE 146 WEST UTICA ST This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEAR), Article 8 of the New York State Environmental Conservation Law. 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 Hellenic Orthodox Church Elevator Addition Location 146 West Utica Street Type of Action: Unlisted - Uncoordinated Description: The Hellenic Orthodox Church is proposing the construction of a elevator addition on the property located at 146 West Utica Street, Buffalo New York. The project will include a new two story addition that will contain a four stop elevator located between the existing two - story, stone Rectory and Center at all floor levels. A new second story "link" will be constructed above the existing first floor connecting corridor. The "link" will eventually provide access to the mezzanine level of the Center in a future phase. The elevator machine room will be located at the northern section of the addition with access from the exterior. Both the existing entrance door and handicap ramp configuration along the south elevation will remain. Construction will consists of concrete masonry; structural steel; concrete floor slabs and built -up roofing system. The project will be funded privately and cost approximately $250,000. As • result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact 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 The Determination: The facts and reasons for this decision are as follows: this project will allow handicap accessibility to the church and facilities. The identified potential negative impacts appear to be primarily short - tars 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 RECEIVED AND FILED NO. 10 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON- SIGNIFICANCE 1361 — 1363 WEST AVENUE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEAR), Article 8 of the New York State Environmental Conservation Law. Lead Agency City of Buffalo 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 Coronation Blessed Virgin Mary Church Location 1351 -1353 West Avenue Type of Action: Unlisted - Uncoordinated Description: Coronation Blessed Virgin Mary church is proposing to construct a parking lot on the property located at 1351 -1353 West Avenue on the city's West side. The new parking lot will be an expansion of an existing lot that currently services the church. The parking lot will provide approximately thirty (30) additional spaces. New landscaping and fencing will be installed. The project will be funded privately and cost approximately $34,000. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact 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: the new parking area will allow for more off street parking during church services and events. 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 RECEIVED AND FILED NO. 11 SEQR NEGATIVE DECLARATION, ZEPTOMETRIX CO. BUILDINGS REHABILITATION Zeptometrix Realty, LLC proposes to undertake the substantial rehabilitation of a vacant, former residential structure located at 878 Main Street in the City's Medical Corddor Development Area. The project involves the extensive exterior and interior renovation and restoration work to the property, which will house the Company's headquarters offices. The property is currently owned by the Buffalo Urban Renewal Agency (BURA), and will be sold to the developer under a land disposition agreement. The project also involves facade improvements to the company's adjacent lab /office building at 872 Main Street. Prior to the implementation of the above - referenced action, the requirements of the New York State Environmental Quality Review Act (SEAR) must be satisfied. The project, as defined under SEAR, is an "Unlisted Action" for which BURA has completed a coordinated environmental assessment. It is submitted, in accordance with Section 617.7 of the regulations, that the impacts resulting from the proposed project will not have a significant adverse effect on the environment. The project Negative Declaration (determination of non - significance on the environment) is submitted to the Common Council as per Section 617.12 of SEAR. RECEIVED AND FILED NO. 12 UTILITY EASEMENT AGREEMENT - NIAGARA MOHAWK POWER CORPORATION FOR USE OF A PORTION OF 1 MARINE (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate, has received a request from Niagara Mohawk Power Corporation to approve the attached permanent easement agreement for Niagara Mohawk to use of a portion of 1 Marine in conjunction with the Inner Harbor Project. Electric service is needed in order to provide electrical service to the central wharf site for pedestrian lighting, public docks and commercial slips, as described in the attached proposed easement "Exhibit A ". This office has contacted the Corporation Counsel's Office, Department of Public Works and the Land Use Planning Committee and they have no objections to this easement. We are recommending that Your Honorable Body approve the attached easement agreement. I am further recommending that the Corporation Counsel's Office review said agreement for their approval as to form and that Your Honorable Body authorizes the Mayor to execute the same. Mr. Bonifacio moved: That the above communication from the Department of Strategic Planning dated September 13, 2007, be received and filed; and That the Office of Strategic Planning, Division of Real Estate be, and he hereby is • authorized to enter into an easement agreement between the City and Niagara Mohawk Power Corporation, for use of city -owned property located at a portion of 1 Marine Drive in conjunction with the Inner Harbor Project. That the Corporation Counsel be, and she hereby is authorized to review said agreement and that the Mayor be authorized to execute the same. PASSED AYES - 8 NOES — 0 FROM THE COMPTROLLER NO. 13 INTERFUND LOAN SIGNAL IMPROVEMENTS $500,000 In the past, the City has provided interfund loans from the City General Fund to The City, Board, and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. The Administration has requested that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $500,000 against the 2007 City Capital Improvements Budget for the Replacement of Traffic Signals. There is currently an authorized but unissued Traffic Signal resolution for $4,000,000. The loan ($500,000) will be repaid when Bond Anticipation Notes or Bonds are issued in Fiscal year 2007 -08. From To Account Repayment Date Total General Fund Capital Projects — Signal 31310106 May, 2008 $500,000 Improvement Account Pursuant to the City's Capital Budget /Debt Management Policy, subsequent to the approval of the Buffalo Fiscal Stability Authority, the City intends to issue Bonds in the amount of about $22,000,000 for City Projects during the Fiscal Year 2007/2008. Currently, there are no City Projects with an outstanding interfund loan. If this current request is approved, the City will be committed to Five Hundred Thousand Dollars ($500,000') in projects. Therefore, the future projects that can be interfund loaned or included in the 2007/2008 debt issue will be limited to Bonds to be Issued Fiscal Year 2007/2008 22,000,000 (does not include BOE borrowing limit Approved Interfund Loans 0 $22,000,000 LESS $ 500,000' Balance Available for FY 2007/2008 $21.500.000 'Please be advised that once an interfund loan has been approved, the City is committed to the total cost of the project regardless of the amount advanced. Mr. Bonifacio moved: That the above communication from the Comptroller dated September 17, 2007, be received and filed; and That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund to the City, Board and Enterprise Capital Projects Funds in the amount of $500,000 against the 2007 City Capital Improvements Budget for the Replacement of Traffic Signals. PASSED AYES - 9 NOES -0 FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 14 CHANGE IN CONTRACT CURB & SIDEWALK REPLACEMENT — 2006 GROUP #669, CONTRACT #92011216 DESTRO & BROTHERS CONCRETE CO., INC. I hereby submit to your Honorable Body the following request for additional work to the above mentioned contract as follows: A. East Delavan (north side) - Durham to Grider - Replace concrete curb with granite curb to match the newly constructed streetscape of East Delavan Avenue. B. n.e. East DelavanM/yoming -The Block Club at this location requested concrete sidewalk and concrete curb planters to be replaced. Contract Unit Estimated Estimated Item Description Price Quantity Cost R05.205 Concrete Sidewalks & Approaches $4.758sq ft. 4,500 sq.ft. $19,000 R07.105C Granite Curb - 5' Replacement $30 /lin.ft. 201 Iin.ft. $ 6,030 - NYSDOT Type "C" Mount Airy $30 /lin.ft. 135 Iin.ft. $ 4,050 R07.105RC Grantie Curb - Radius Replacement — NYSDOT Type "C" Mount Airy 08.210 Underdrain - 4" PVC $4 /linft. 222 Iinft. $888 12.110 Maintenance & Protection of Traffic Lump Sum as Necessary $ 3,000 680.620506 Conduit, Rigid Plastic $5 /lin.ft. 222lin.ft. $1,110 Class 1, 2" 8502.5014 Saweutting Asphalt Pavement, $3 /Lin.ft. 2221 in.ft. $666 Concrete Pavement & Asphalt Overlay on Concrete Pavement 24608.50 Detectable Warning Surface $40 /lin.ft. 20 sq.ft. $800 90.500 Construction Allowance Lump Sum as Necessary $5,000 TOTAL $ 40,544 Existing Contract Amount $944,160.25 Increase in Contract $40,544.00 Revised Contract Amount $ 984,704.25 1 respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that your Honorable Body approve the subject Change order and authorize the Commissioner of Public Works to issue said change order to Destro & Brothers Concrete Co., Inc. Funds for this work are available in our Capital Project accounts #38311106, #30007806 & #30032106. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated September 7, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to Destro & Brothers Concrete Co., Inc, an increase in the amount of $40,544.00, as more fully described in the above communication, for work relating to Curb & Sidewalk Replacement - 2006, Group #659, C #92011216. Funds for this project are available in Capital Project accounts #38311106, #30007806 & 30032106. PASSED AYES - 8 NOES -0 NO. 16 CHANGE IN CONTRACT RESURFACING OF CITY PAVEMENTS - 2006, GR. #664 DESTRO & BROTHERS COMPANY, INC. CONTRACT #92011127 1 hereby submit to Your Honorable Body the following emergency work at the following locations: 1.) Court Street -Base Repair Prior to paving $23,840.00 2.) Pearl /Mohawk - repair to collapsed pavement $29,786.79 3.) Fell Alley- overlay of hazardous pavement $4,046.07 4.) Perry Blvd —base repair and drainage prior to paving $18,963.60 Sub Total $76,636.46 Minus Existing balance in contract - $12,816.67 Requested amount for change order $63,819.79 Contract Estimated Estimated Item Description Unit Quantity Cost 90.500 Miscellaneous Construction Allowance Lump Sum 100% $63,819.79 Existing Contract Amount $2,940,837.11 Increase in Contract $63,819.79 Total Contract to Date $3,004,656.90 1 respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to Desert & Brothers Concrete Co., Inc. from O & M account #13112006-443100. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated September 6, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to Destro & Brothers Concrete Co., Inc., an increase in the amount of $63,819.79, as more fully described in the above communication, for work relating to Resurfacing of City Pavements - 2006, Group #654, C #92011127. Funds for this project are available in O & M account #13112006-443100. PASSED AYES - 8 NOES -0 NO. 16 CHANGE IN CONTRACT SHOSHONE POOL EMERGENCY TREATMENT SYSTEM REPLACEMENT JOB #0721 (UNIV) I hereby submit to Your Honorable Body the following changes for the Shoshone Pool, Emergency Treatment System Replacement, C #93000016. 1. Additional work necessary to replace a T section of Add $1,548.00 deteriorated pool piping at Masten Pool. The foregoing change results in a net increase in the contract of One Thousand Five Hundred Forty Eight and 00/100 Dollars ($1,548.00). Summary Current Contract Amount $67,881.00 Amount of This change Order( #2) ADD $1,548.00 Revised Contract Amount $69,429.00 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 30012406 445100 - Division of Buildings. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated September 6, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 2, an increase in the amount of $1,548.00, as more fully described in the above communication, for work relating to Shoshone Pool, Emergency Treatment System Replacement, Job # 0721, C #93000016. Funds for this project are available in 30012406 445100 Division of Buildings. PASSED AYES - 8 NOES -0 NO. 17 CHANGE IN CONTRACT SYCAMORE VILLAGE SUBDIVISION - WATERLINE & SEWER, GR. #677 C. DESTRO DEVELOPMENT CO., INC. CONTRACT #93000007 1 hereby submit to Your Honorable Body the following request for additional work to the above mentioned contract as follows: Excavating and blasting of rock in all water and sewer utility trenches on Matthews ' SWeet ($23,700 plus 16% overhead and profit or #37,792.00) for a total of $27,492.00; Cleanup of heaved material from blasting process necessary to allow access of trucks and equipment onsite for utility installation. Work to be performed on a time and materials basis not to exceed a total of $30,000.00. Equipment hours and man hours to be tracked by Nanssbaumer & Clarke, Inc. field representative. Excavating & Blasting $27,492.00 Clean -up $30.000.00 Sub -total $57,492.00 Minus existing monies left in contract ( $39,734.40) Necessary monies to complete work $17,757.60 Contract Estimated Estimated Item Description Unit Quantity Cost 90.500 Miscellaneous Construction Allowance Lump Sum 100% $17,757.60 Existing Contract Amount $437,078.40 Increase in Contract $17,757.60 Total Contract to Date $454,836.00 1 respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to C. DesWo Development Co., Inc. from Capital Project Account #30311306-445100. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated September 7, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to C. Destro Development Co., Inc., an increase in the amount of $17,757.60, as more fully described in the above communication, for work relating to Sycamore Village Subdivision - Waterline & Sewer, Group #677, C #93000007. Funds for this project are available in Capital Project Account #30311306-445100. PASSED AYES - 8 NOES -0 NO. 18 CONVERTING TOWER SHORELINE BEACH INTO PUBLIC BEACH FRONT ITEM# 146, CCP #9/4/07 To Your Honorable Body, herein please find this department's comments /concerns on the subject matter. 1. Identification of funds for site clean up. Where will these funds come from? 2. Safety for users of beach. Will Lifeguards be needed? 3. Access to beach. 4. Continued maintenance of beach. This area is a "wash up" site for all kinds of driftwood, etc. 5. Liability issues when /if someone was to get hurt. Thank you for your attention to these concerns. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 19 PERMISSION TO ENTER INTO AN AGREEMENT WITH NYS UNIFIED COURT SYSTEM CITY COURT REIMBURSEMENT Permission is hereby requested for the Mayor to enter into an agreement with the NYS Unified Court System. The contract would allow the State to reimburse a portion of the City's expenses for operating and maintaining City Court. Acting Commissioner of Public Works, Parks & Streets Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated September 12, 2007, be received and filed; and That the Mayor be, and he hereby is authorized to enter into an agreement with the NYS Unified Court System to allow the State to reimburse a portion of the City's expenses for operating and maintaining City Court. PASSED AYES - 8 NOES -0 No. 20 Report of Bids: Fire Engine 35 Overhead Door Replacement Job #0732Fillmore District I advertised for on August 29, 2007 and received the following formal sealed bids for Fire Engine #35, Overhead Door Replacement, which were publicly opened and read on September 12, 2007. Allgaier Construction $50,600.00 4790 Thompson, Clarence, NY Miller Enterprises $54,700.00 12 Newfield, Buffalo, NY Tracon Development No Bid I hereby certify that the foregoing is a true and correct statement of all bids received and that Allgaier Construction, with a bid of Fifty Thousand Six Hundred and 00/100 Dollars ($50,600.00), is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low 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 September 13, 2007, be received and filed That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Fire Engine #35, Overhead Door Replacement, to Allgaier Construction, the lowest responsible bidder, in the amount of $50,600.00. Funds for the project are available in 39320406 445100 - Division of Buildings. PASSED AYES - 8 NOES -0 NO. 21 REPORT OF BIDS RIVERSIDE LIBRARY ROOF RECONSTRUCTION JOB #0744: NORTH DISTRICT I advertised for on August 28, 2007 and received the following formal sealed bids for the Riverside Library, Roof Reconstruction, which were publicly opened and read on September 11,2007. Grove Roofing $84,000.00 131 Reading, Buffalo NY Jameson Roofing Co., Inc $87,300.00 3761 East Lake, Dunkirk, NY Jos. A. Sanders & Sons $99,733.00 PO Box 814, Buffalo NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Grove Roofing, with a bid of Eight Four Thousand and 00/100 Dollars ($84,000.00), is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funds for this project are available in 38320906 445100 - Division of Buildings. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated September 12, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Riverside Library, Roof Reconstruction, to Grove Roofing, the lowest responsible bidder, in the amount of $84,000.00. Funds for the project are available in 38320906 445100 - Division of Buildings. PASSED AYES - 8 NOES — 0 No. 22 Report of Bids — General Construction 2007 Stump Removal Contract (Citywide) I advertised on August 24, 2007 and have received the following bids for the 2007 Stump Removal contract, which were publicly opened & read on September 11, 2007. Birch Grove Landscaping $151,490.00 117 Bear Road Cowlesville, NY 14037 Titan Development, Inc. $153,300.00 8534 Seaman Road Gasport, NY 14067 Arbor Turf $284,804.00 1635 Cloverdale Drive Lancaster, OH 43130 Scott Lawn Yard $312,400.00 5552 Townline Rd. Sanborn, NY 14132 North America Const $379,999.40 1 hereby certify the foregoing is a true and correct statement of the bids received and that Birch Grove Landscaping of Cowlesville, NY is the lowest responsible bidder in accordance with the plans and specifications. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. The Engineer's estimate for this work was $200,000 and funds for this work are available in account #39311306- 445100 Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated September 12, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for 2007 Stump Removal contract, to Birch Grove Landscaping, the lowest responsible bidder, in the amount of $151,490.00. Funds for the project are available in account #39311306-445100. PASSED AYES - 8 NOES -0 a :IQ LVi& I.I =11115K6Lrihril IQ 0 1 14:ZO101e1I IN 4 NO. 23 SEIZED VEHICLE The Buffalo Police Department hereby requests permission from your honorable body to utilize current drug asset forfeiture funds to cover administrative /seizure fees to the U.S.Marshalls Office for one vehicle recently seized by the Buffalo Police Department. The vehicle is a 1999 BMW, it must be assigned to the Narcotics Squad as mandated through the Drug Asset Forfeiture guide book and will be utilized in future undercover operations. The total funds to be spent to cover the fees will be $1,940.24. Mr. Bonifacio moved: That the above communication from the Police Department dated August 29, 2007, be received and filed; and That the Commissioner of Police be, and he hereby is authorized to permit the Narcotics Squad to utilize a 1999 BMW seized by the U.S. Marshall's Office upon the payment of fees of $1,940.24. PASSED AYES - 8 NOES — 0 NO. 24 APPROVAL TO TRANSFER VEHICLES FROM DART ST. IMPOUND TO BUFFALO POLICE DEPARTMENT Per recent correspondence with council staff and Dart St. personnel, the Buffalo Police Department hereby requests approval from your honorable body to take possession of the following vehicles from the City impound lot: 2006 Chevy Truck 2004 Chevy 4DSD 2006 Chevy 4DSD 2004 Nissan SUBN Upon completion of proper approvals and paperwork, the Police Department will incorporate these vehicles into the existing police fleet and they will replace existing vehicles that will be removed from service. This transfer of vehicles will allow the City and the Police Department to continue the on -going fight against drugs and other illegal activities at no cost to the general public. If you have any questions or concerns, please contact Inspector Joseph Strano at 851 -4879. Mr. Bonifacio moved: That the above communication from the Police Department dated September 11, 2007, be received and filed; and That the Common Council grants permission to the Police Department to transfer possession of the vehicles from the Dart Street impound, as listed in the above communication. That the transfer of the above listed vehicles is approved contingent on, that concurrent with their use, there be no increase in the number designated as authorized for take -home use, there be no increase in the number designated as marked and unmarked in accordance with Chapter 53 of the City Code, and that the replaced vehicles be removed from City service and disposed of in the best interests of the City. PASSED /With Conditions AYES - 8 NOES -0 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 25 J. STEWARD DEMOLITION 23 EUREKA #81 CCP 9/4/07 You have forwarded a communication from Mr. Jimmie Steward regarding the emergency demolition of 23 Eureka Street. Mr. Steward is apparently requesting that the City imposed 15% surcharge that is automatically added to all demolitions that the City conducts on private property be waived. The Department of Economic Development Permit and Inspection services offers private parties the opportunity to conduct a demolition on their own or to have the City conduct the demolition. In emergency situations it is often difficult to reach the property owner in a timely manner. After the October 2006 storm I promulgated an Administrative Order that I filed with the Council to direct all staff on the efforts that we must take to notify property owners in advance of an emergency demolition. This Administrative Order was promulgated after the fire on Eureka Street. The surcharge is to cover the cost imposed upon the City in doing the required asbestos survey, paying for the asbestos sampling, conducting the bidding process and following up with all billing and other related services. REFERRED TO THE COMMITTEE ON FINANCE NO. 26 ENDORSEMENT OF THE CITY OF BUFFALO'S APPLICATION FOR THE RESTORE NY COMMUNITIES INITIATIVE PROGRAM The Empire State Development Corporation will fund demolition grants through the competitive Restore New York Program. The application deadline is September 28, 2007. Following the September 18, 2007 Public Hearing to address the proposed candidates for inclusion in the application, the Department requests your Honorable Body to take immediate action to Approve the City of Buffalo's application for $20 million of funding for strategically targeted demolitions in the City of Buffalo and to authorize all other actions required to receive the grant. 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 for your consideration. RECEIVED AND FILED NO. 27 BID OPENING "ASBESTOS AIR SAMPLING AND PROJECT MONITORING SERVICES" JUNE 22, 2007 1 would like to inform your Honorable Body that on June 22, 2007 a bid opening took place in the office of Economic Development, Permit & Inspection Services for Air Sampling and Project Monitoring Services. This is to fulfill a requirement of Code Rule 56 subpart 56 -4 of New York State Industrial Code Rule 56, General Project Air Sampling and Laboratory Analysis requirements, 56- 4.3, Independent Third Party Sampling and Analysis. The following contractors submitted proposals as follows for Air Monitoring: JMD Environmental - $275.00 /day Daily Rate - $150.00 /day Project Rate ISLECHEM $390.00 /day Daily Rate - $105.00 /day Project Rate UNYSE $245.00 /day Daily Rate - $60.00 /day Project Rate Please be advised that we wish to award the contract to UNYSE (Upper New York State Environmental, Inc.). The City will pay to the contractor a sum not to exceed $318,000.00 to be paid from General Fund number 16550007-471010. This amount covers approximately 400 separate projects, broken down as follows: 2 days Air Monitoring @ $245 /day • Plus 1 day Project Monitoring @ $60 /day I would like to inform your Honorable Body that on June 22, 2007 a bid opening took place in the office of Economic Development, Permit & Inspection Services for Laboratory Analysis of Bulk Sampling for Asbestos Containing Material- This is to fulfill a requirement of Code Rule 56 subpart 56 -4 of New York State Industrial Code Rule 56, General Project Air Sampling and Laboratory Analysis requirements, 56 -4.3, Independent Third Party Sampling and Analysis. The following contractors submitted proposals as follows for Asbestos Sample Testing: PLM F /TEM PLM -N JMD Environmental $15.00 $55.00 $25.00 ' ISLECHEM $9.00 $18.00 $32.00 UNYSE $12.00 $17.00 $35.00 At the bid opening it was found that ISLECHEM and UNYSE had modified the bid document. After review by representatives of the Department of Law, our Department was informed that both ISLECHEM and UNYSE are considered to have submitted a non- responsive bid. Therefore, please be advised that we wish to award the contract to JMD Environmental, Inc. The City will pay to the contractor a sum not to exceed $295,000.00 to be paid from General Fund number 16550007-471010. This amount covers 10,000 separate Samples, broken down as follows: 6,000 PLM Samples @ $15.00 Mr. Bonifacio moved: That the above communication from the Department of Economic Development, Perm 3,500 F /TEM Samples @ $55.00 500 PLM -N Samples @ $25.00it and Inspections Services dated August 15, 2007, be received and filed; and That the Commissioner of Economic Development, Permit and Inspections be, and he hereby is authorized to award a contract for Air Sampling and Project Monitoring Services, to UNYSE (Upper New York State Environmental, Inc.) in the amount of $245.00 /day Daily Rate - $60.00 /day Project Rate at a sum not to exceed $318,000.00 to be pai from General Fund number 16550007 - 471010. That the Commissioner of Economic Development, Permit and Inspections be, and he hereby is authorized to award a contract for Asbestos Sample Testing to JMD Environmental, Inc. in the amount of $15.00 PLM, $55.00 F /TEM, $25.00 PLM -N for 10,000 samples at a sum not to exceed $295,000.00 to be paid from General Fund number 16550007-471010. PASSED AYES- 8NOES -0 NO. 28 REQ. ALL CERT. LICENSE, PERMIT & REGISTRATIONS TO CLEAR COLLECTIONS CHECK You have requested that I comment on this resolution that would require that all applications and the renewals thereof for any certificates, licenses, permits or registrations not be issued to any party who owes a debt to the City of Buffalo. With regard to the issuance of licenses, we already require a collections check for many license when they are issued for the first time, but not on the occasion of renewals. I would support the requirement that all license renewals and all new licenses must show that no funds are owed to the City of Buffalo. I would strongly recommend that the applicant be required to obtain proof of no debt owed and be required to submit this information to the License division. I do not believe this collection requirement should be applied to those who seek building permits. While the issuance of a license to conduct business involves the granting of a privilege to the applicant, a permit has a different status. Many permits are required to bring property into code compliance often as the result of actions in Housing Court. The City should not place new impediments in % front of people who wish to bring their property into code compliance or to improve their property. The issuance of a construction permit will lead to new investment in the City. Even if back taxes are owed, the new investment improves the City's position if it eventually has to foreclose on a property, but in fact, most likely is an indication that the owner will make payments in the future. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COPORATION COUNSEL FROM THE CITY CLERK NO. 29 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 163 Kerns Ideal Lanes Daniel Adams Jr. 84 Reiman St. Roof Tops Tavern Joseph A. Sell 3051 Main St. Broadway Joes Chester A. Menkiena 3160 Main St. 3160 Main St. Francis J. Krathaus III RECEIVED AND FILED NO. 30 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: Public Works, Streets & Parks- Shelly Geber Police- Karla Rainville RECEIVED AND FILED. NO. 31 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. 32 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 September 5, 2007 in the Department of Common Council Division of City Clerk to the Position of Intern VI, Seasonal Appointment at the flat rate of $10.00 per hour Eddie Negron, 507 West Ave., Buffalo 14213 NO. 33 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. CERTIFICATE OF APPOINTMENT Appointment Effective September 10, 2007 in the Department of Assessment and Taxation to the Position of Clerk- Seasonal Non - Competitive at the flat rate of $8.15 per hour Nakia R. Harris, 202 East Amherst Apt H -9, Buffalo 14214 Appointment Effective September 13, 2007 in the Department of Assessment and Taxation to the Position of Clerk- Seasonal Non - Competitive at the flat rate of $8.15 per hour Haven A. Dove - Hampton, 2 North Parade Avenue, Buffalo 14211 NO. 34 APPOINTMENT — TEMPORARY, PROVISIONAL OR PERMANENT I Transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements ). REFERRED TO THE COMMITTEE ON CIVIL SERVICE CERTIFICATE OF APPOINTMENT Appointment Effective Amended August 31, 2007 in the Department of Assessment and Taxation to the Position of Account Clerk Typist Temporary Appointment at the First Step starting salary of $26,271.00 Angela C. Cramer, 306 East Street Upper, Buffalo 14207 Appointment Effective Amended September 10, 2007 in the Department of Human Resources Division of Compensation & Benefits to the Position of Compensation Benefits Specialist Provisional Appointment at the First Step starting salary of $33,830.00 Abraham C. L. Munson - Ellis, 76 Fairfield Street, Buffalo 14214 Certificate of Appointment Appointment Effective August 31, 2007 in the Department of Community Services & Recreational Programming Division of Contract Administration to the Position of Contract Compliance Monitor Temporary Open- Competitive at the Minimum starting Salary of $38,358.00 Luis A. Rodriguez Sr., 804 West Avenue, Buffalo 14213 Certificate of Appointment Appointment Effective September 8, 2007in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer Temporary Appointment At the Flat starting salary of $10.25 per hour Timothy Keenan, 77 Carlyle Avenue, Buffalo 14220 Certificate of Appointment Appointment Effective September 10, 2007in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer Temporary Appointment At the Flat starting salary of $10.25 per hour William Young, 374 Mckinley Parkway, Buffalo 14220 CERTIFICATE OF APPOINTMENT Appointment Effective September 10, 2007 in the Department of Call and Resolution Center Division of citizen Services to the Position of Complaint Clerk Permanent Appointment at the Minimum salary of $25,162.00 Erika B. Hedberg, West Ferry Street, Buffalo 14213 CERTIFICATE OF APPOINTMENT Appointment Effective September 20, 2007 in the Department of Call and Resolution Center Division of citizen Services to the Position of Complaint Clerk Permanent Appointment at the Minimum salary of $25,162.00 Samantha K. Hernandez, 374 Connecticut Street, Buffalo 14213 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES N ON-0FFIGAL COMMUNICATIONS NO. 35 PIN 5753.58 PEACE BRIDGE EXPANSION PROJECT DRAFT ENVIRONMENTAL IMPACT STATEMENT (DEIS) - SEPTEMBER 2007 Enclosed is one review copy of the Draft Environmental Impact Statement (DEIS) for the subject project. The DEIS consists of the main document and twenty (20) separately bound appendices. The DEIS should be displayed in public area and be made available for public review from September 7, 2007 to October 29, 2007. The public is invited to review the DEIS and make copies of any material contained within the reports. The DEIS should not be removed from the review location. Should there be any questions, please don't hesitate to contact me at 248 - 936 -1142. COPYAVAILABLE AT THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 36 PROGRAM PACKAGING AND DEVELOPMENT SERVICES (PPDS) PROVIDER Board Packet Documents Attached are the following documents from the Joint Schools Construction Board meeting scheduled on September 10, 2007 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated August 6, 2007 3. Fully executed Phase II Application and Certificate for Payment No. 34 -July 2007 4. Phase II Application and Certificate for Payment No. 35 - August 2007 5. Phase III Application and Certificate for Payment No. 5 - August 2007 6. Program Packaging and Development Services (PPDS) Provider Update 7. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase II Project - July 2007 8. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase III Project - July 2007 9. Buffalo Niagara JOBS Initiative Update COPY AVAILABLE AT THE CITY CLERKS OFFICE FOR REVIEW RECEIVED AND FILED NO. 37 REQUEST FOR GREATER REFUGE TEMPLE LOT ACQUISITION Please file the attached item for further discussion at the next Common Council session to be held September 18, 2007. Thank you in advance for your assistance with this matter. Brian C. Davis Please let this letter serve as a formal request to give The Greater Refuge Temple of Christ an opportunity to acquire the lots at the following addresses: 1. 650 Genesee Street 2. 652 Genesee Street 3. 660 Genesee Street The Greater Refuge Temple of Christ currently owns 656 Genesee Street and the acquisition of the properties stated above would be a benefit to us. Therefore, I am humbly requesting your assistance. Thanks in advance for your prompt response. If you have any questions or concerns, please do not hesitate to contact me at 886 -199 Bishop Robert L. Sanders, Sr. Senior Pastor REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT DEPARTMENT OF ECONOMIC DEV. PERMIT & INSPECTION AND STRATEGIC PLANNING NO. 38 BUFFUM STREET — PAVING & CURBS I would like to file the attached information for the next Common Council meeting to be held on September 18, 2007 1 am writing as the spokesperson for the residents of Buffum Street in regards to street paving and curbing. We understand we will be getting our street paved but will not be getting curbs. Sir, we are respectively requesting curbs be included. It has been approximately forty years since any street repairs have been done here. This is one of the historical sections in our city being that this was the Seneca Nations original resting place of Red Jacket. We feel we have shown great patience in waiting this long to find out this task will only be half completed. Surrounding streets have been done as much as twice already. We would greatly appreciate consideration for additional funding to provide the curbs. All residents of Buffum St. have signed the attached petition showing their support of this issue. We thank you in advance, as we are confident you will address this issue to the best of your ability and make this a reality. Gary Greenway Attachment available in the City Clerks Office for Review REFERRED TO THE COMMITTEE ON LEGISLATION THE DEPARTMENT OF PUBLIC WORK, PARKS AND STREETS NO. 39 SOUTHTOWNS CONNECTOR PROJECT As members of the City of Buffalo Common Council we formally request your support, in an effort to persuade the New York State Department of Transportation to reconsider its plan for the Southtowns Connector project. We are in support of the "Boulevard" alternative, because it can easily be adapted to the removal of the Skyway Bridge, building a new grade level bridge connection to downtown Buffalo, and reconfiguration of the Fuhrmann Boulevard /Route 5 corridor into a multimodal street, as outlined in the Smart Mobility, Inc. transportation report. Likewise, tile Skyway Bridge is currently under study, to determine options for its future, which should include an exploration of downsizing to an at -grade facility. It seems best to wait until those findings are released and properly considered before making any decision. In addition, the current NYSDOT plan was never presented to the Common Council, nor did it adequately consult the local community. We believe that a project of this size and future importance ought to address both. As our United States Senator, you were successful in securing a large portion of the funds allocated to this critical endeavor. As a strong representative, we know that you will fight for what is best for our community. REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT NO. 40 PARKING ISSUES INNTER HARBOR DEVELOPMENT Over the past several weeks representatives of Erie Canal Harbor Development, led by our Vice Chair Larry Quinn, have been meeting with various community leaders to seek their input and develop what we hoped would be the final plan for the inner harbor development. While we were in the midst of this process we recognized that we still have an outstanding issue with regards to parking and decided that until such time as we have a final plan in place we would cease any further meetings. Both of our development partners, Bass Pro and Benderson, remain committed to this project and are fully engaged in bringing a vibrant, well - received and exciting waterfront redevelopment to the Western New York community. Once we have dealt with the parking issues and finalized the plans we will make every effort to meet with you to share the final plans as a part of our overall communication process. In the meantime, I look forward to your support in making Western New York an even greater place to live, work and visit as we continue to develop one of our greatest assets. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT NO. 41 REVITALIZING BUFFALO'S WATERFRON Please filethe attached document by John O. Norquist, President & CEO of the Congress for New Urbanism that was presented at the Waterfront Development Committee on Friday, September 7, 2007. COPY AVAILABLE IN THE CITY CLERK'S OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 42 ACCEPTANCE OF CONFERENCE SCHOLARSHIP The City of Buffalo pays an annual fee for its membership in the National League of Cities (NLC). NLC sponsors a variety of conferences to educate, train and assist municipal officials. From September 27 -29, NLC is holding a conference in Chicago titled "The Art and Practice of Leadership in Local Government". Leadership is an important topic of great interest to me. As attending this conference costs the City money, I sought to reduce the cost involved by applying for a scholarship offered by NLC. Applying for a scholarship involved completing an application and writing an essay about leadership. I have been notified that NLC after reviewing my application has offered me a scholarship to attend the conference. The scholarship covers the cost of the registration fee of $895, which will significantly reduce the cost of attending the conference. A copy of the e- mail notification I received regarding the scholarship is attached. As an additional plus, N LC requested to publish my leadership essay in their weekly national newsletter. A copy of the article is attached. The purpose of my writing is to advise the Board of Ethics of my receiving financial assistance from the National League of Cities to attend "The Art and Practice of Leadership in Local Government' conference and to seek the advisory assistance of your body in determining any other reporting requirements that apply in this matter. Mr. Bonifacio moved That the above communication from the Chief of Staff dated September 17, 2007, be received and filed; and That the Chief of Staff be, and he hereby is authorized to accept financial assistance from the National League of Cities to attend "The Art and Practice of Leadership in Local Government' conference. PASSED AYES - 8 NOES — 0 PETITIONS NO. 43 PARK STREET — ALTERNATE PARKING HOURS W e the undersigned residents of Park Street between Virginia and Allen Streets in historic Allentown, respectfully request that the alternate side of the street parking regulations for this block be modified so that vehicles must be moved by 6:00 PM on Sundays and Wednesday, instead of the current 4:00 PM. COPY OF AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON LEGISLATION THE DEPARTMENT OF PUBLIC WORKS PARKS & STREETS REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 44 APPT ASSESSOR, PROV (3 STEP)(HERN DON) (ASSESS) (CCP# 26,9/4) That Communication 25 of Sept 4, 2007 be received and Filed and that the Provisional appointment of Eric Herndon Stated above at the Intermediate salary of $43,886.00 is hereby approved. PASSED AYES - 8 NOES — 0 NO. 46 APPT ASSISTANT ADMINISTRATOR, (TEMP)(INTER)(MARCIANO)(PW) (CCP #39, 9/4) That Communication 39 of Sept 4, 2007 be received and Filed and that the Provisional appointment of Kathleen A. Marciano Stated above at the Intermediate salary of $47,456.00 is hereby approved. PASSED AYES - 8 NOES — 0 NO. 46 APPT LABORER II, (PERM)(MAX)(CRAPO, DAVIS)(PW) (CCP# 40, 9/4) That communication 40 of Sept 4, 2007 be received and Filed and that the permanent appointment of David Crapo and Collin Davis Stated above at the Maximum salary of $27,833.00 is hereby approved PASSED AYES - 8 NOES — 0 No. 47 Appt Truck Driver, (Prov)(Max)(Carney)(PW) (CCP# 41 9/4) That Communication 41 of Sept 4, 2007 be received and Filed and that the Provisional appointment of Sean Carney Stated above the maximum salary of $30,793.00 is hereby approved. PASSED AYES - 8 NOES — 0 NO. 48 APPT FILTRATION PLANT OPERATOR, (PERRN)(INTER)(WHITE)(PW) (CCP# 42 9/4) That Communication 42 of Sept 4, 2007 be received and Filed and that the Permanent appointment of Ronald White Stated above at the Intermediate Salary of $34,753.00 is hereby approved. PASSED AYES - 8 NOES — 0 NO. 49 APPT ASSISTANT ENGINEER (TEMP)(MAX)(SCHMARDER)(PW) (CCP# 44 9/4) That communication 44 of Sept 4, 2007 be received and Filed and that the Permanent appointment of Eric D. Schmarder Stated above at the Intermediate salary of $44,389.00 is hereby approved. PASSED AYES - 8 NOES — 0 NO. 50 APPT SENIOR PUBLIC SAFETY DISPATCHER, (TEM)(INTER)(JONES)(POLICE) (CCP# 47 9/4) That Communication 47 of Sept 4, 2007 be received and Filed and that the Temporary appointment of Mary C. Jones Stated above at the Intermediate salary of $32,299.00 is hereby approved. PASSED AYES - 8 NOES -O No. 51 Appt Report Tech (Perm) (Max)(Lawson)(Police) (CCP# 48 9/4) That Communication 48 of Sept 4, 2007 be received and filed and that the Permanent appointment of Margaret Lawson Stated above at the maximum salary of $30,213.00 is hereby approved. PASSED AYES —8 NOES -0 NO. 52 APPT ACCOUNT CLERK TYPIST (PROV)(2 " STEP)(CAPUTO)(EDPL) (CCP# 61 9/4) That communication 61 of Sept 4, 2007 be received and filed and that the Provisional appointment of John Caputo Stated above at the 2 nd Step of $27,009.00 is hereby approved. PASSED AYES - 8 NOES -0 NO. 53 APPT BUILDING INSPECTOR (CONT PERM)(3 (CCP# 62 9/4) That Communication 62 of Sept 4, 2007 be received and Filed and that the Contingent Permanent appointment of Christopher Curtin Stated above at the 3rd Step of $42,597.00 is hereby approved. PASSED AYES - 8 NOES -0 NO. 54 APPT COMBUSTION INSPECTOR (PROV)(5 STEP)(BIFARO)(EDPL) (CCP# 63, 9/4) That Communication 63 of Sept 4, 2007 be received and Filed and that the Provisional appointment of Frank Bifaro Stated above at the 5th Step of $42,289.00 is hereby approved. PASSED AYES - 8 NOES -0 NO. 55 APPT SPECIAL ASST TO COMMISSIONER OF HUMAN RESOURCES (PROV)(HEIDINGER)(HR) (CCP# 66, 09/04) That the above item is hereby Received and Filed ADOPTED NO. 56 APPT COMPENSATION BENEFITS SPECIALIST (PROV)(3RD STEP)(HIGGINS)(HR) (CCP# 67, 9/4) That Communication 67 of Sept 4, 2007 be received and Filed and that the Provisional Appointment of Maureen Higgins Stated above at the Third Step of $36,597.00 is hereby approved. PASSED AYES - 8 NOES -0 NO. 57 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM (CCP# 74, 09/04) That the above item is hereby Received and Filed ADOPTED NO. 58 APPTS SENIOR COUNCIL CLERK (PROV)(LNTER)(LEHNER, RUCINSKI)(CTY CLK) (CCP# 75, 9/4) That Communication 75 of Sept 4, 2007 be received and Filed and that the Provisional appointment of Christine Lehner and Laura Rucinski Stated above at the Intermediate Salary of $43,886.00 is hereby approved. PASSED AYES - 8 NOES -0 NO. 59 APPT ADMINISTRATIVE ASSISTANT (PERM)(INTER)(NOBILE)(CTY CLK) (CCP# 76, 9/4) That Communication 76 of Sept 4, 2007 be received and Filed and that the Permanent appointment of Wendy Nobile Stated above at the Intermediate Salary of $36,048.65 is hereby approved. PASSED AYES - 8 NOES -0 FINANCE (BRIAN C. DAVIS, CHAIRMAN) NO. 60 STATUS OF PROPOSED MNGT AND OPERATION AGMT WITH BCAR INC. (BD OF PKG) (CCP# 7, 09/04) That the above item is hereby Received and Filed ADOPTED NO. 61 BD OFPKG BCAR MNGT AGMT (COMPT) (CCP# 22, 09/04) That the above item is hereby Received and Filed ADOPTED NO. 62 STATUS OF REVIEW AND NEG OF BUFFALO CIVIC AUTO RAMPS MNGT AGREEMENT (CC) (CCP# 49, 09/04) That the above item is hereby Received and Filed ADOPTED NO. 63 AUCTION VEHICLE FOR CITY USE (ITEM NO. 65, C.C.P., SEPT. 4, 2007) Mr. Davis moved That the above item be the same and hereby is received and filed ADOPTED NO. 64 CONTRACT FOR POLICE PROMOTIONAL EXAMINATIONS (ITEM NO. 68, C.C.P., SEPT. 4, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Davis moved: That the Commissioner of Human Resources be and he hereby is authorized to enter into a Memorandum of Agreement between the City of Buffalo and 1/0 Solutions to prepare and administer the Police promotional examinations. PASSED AYES - 8 NOES -0 NO. 65 BOND CLOSEOUT $830,000 (COMPT.) (CCP# 8,) That the above item is hereby Received and Filed ADOPTED NO. 66 BCAR- MANAGEMENT AGREEMENT (PKG. BD.) (CCP# 1, 4/04) That the above item is hereby Received and Filed ADOPTED NO. 67 BD OF PARKING -BCAR MANAGEMENT AGREEMENT (CCP #2 07 /10 /07(COMPT) (CCP# 23, 07/24) That the above item is hereby Received and Filed ADOPTED NO. 68 BUFFALO CIVIC AUTO RAMPS INC PARKING FACILITIES MNGT (CCP# 59, 07/24) That the above item is hereby Received and Filed ADOPTED NO. 69 CONTRACT FOR PKG. MGMT. SERVICES -BFLO CIVIC AUTO RAMPS (BCAR)(LAW)( #33,11/29) (CCP# 84, 05/16) That the above item is hereby Received and Filed ADOPTED NO. 70 B. DAVIS -COMM ENTS-BF LO MUNICIPAL PKG SYSTEM (CCP# 52, 05/29) That the above item is hereby Received and Filed ADOPTED NO. 71 B. DAVIS- COMMENTS - BUFFALO MUNICIPAL PARKING SYSTEM (BD OF PKG) (CCP# 3, 06/26) That the above item is hereby Received and Filed ADOPTED NO. 72 J. GOLOMBEK- LELTER- ELIMINATE REDUNDANCY /DUPLICITY IN OPERATIONS OF COB (CCP# 31, 0 1/9) That the above item is hereby Received and Filed ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRMAN) NO. 73 B. DAVIS PROPOSED LAND DISPOSITION AGREEMENT BTWN COB AND BURA (#44 9/4/2007)(HRG 9/18) That the above item be and the same is returned to the Common Council without recommendation. RECOMMENDED BY THE COMMITTEE ON COMMUNITY DEVELOPMENT. A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mr. Bonifacio, seconded by Mr. Fontana, the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances — Maria Scinta, Scott Bielman, Chris Collins, Sylvestri Architecture, Councilmembers Smith, Fontana, Phyliss Vitrano, Michael Burns, Cynthia Stonebreaker, Jim Picks Mr. Bonifacio now moved that the hearing be closed. Seconded by Mr. Kearns CARRIED. NOTICE OF PUBLIC HEARING Pursuant to Section 507(2) of the General Municipal Law, notice is hereby given that a hearing will be held before the Common Council, Council Chambers, City Hall, at 2:00 P.M. on September 18, 2007 on the following: To consider a proposed Land Disposition Agreement between the City of Buffalo Urban Renewal Agency and ZeptoMetrix Realty, LLC on the sale of the property known as 878 Main Street in the City of Buffalo in the Oak Street Redevelopment Project NYR -197 Urban Renewal Area. The project consists of the renovation of 878 Main Street into 2,700 sq. ft, high -end, Class A corporate office space with a surface parking lot in the rear of the building. The building will serve as headquarters for ZeptoMetrix and Buckler Biodefense Corporation. As part of this project, ZeptoMetrix is also proposing installation of a new facade for its adjacent building at 872 Main Street. The purchase price of the property is $70,000.00. This Agreement is available for inspection at Buffalo Urban Renewal Agency, Room 920 City Hall, Buffalo, New York, daily from 8:30 A.M. - 4:30 P.M. All persons will be given an opportunity to be heard at the meeting. Gerald A. Chwalinski, City Clerk Mr. Golombek moved that the above item be recommitted to the Committee on Community Development. ADOPTED NO. 74 SEQR - NEGATIVE DECLARATION, MAIN /LASALLE PROPERTY ACQUISITIONS (ITEM NO. 14, C.C.P., SEPT. 4, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the Common Council approves a Negative Declaration (a determination of non significance on the environment) for the action pursuant to Section 617.12 of 6 NYCRR. RECEIVED AND FILED NO. 75 SALE OF LAND BETWEEN ZEPTOMETRIX REALTY, LLC AND THE BURA 878 MAIN STREET (STRUT. PLANNING) (ITEM NO. 17, C.C.P., SEPT. 4, 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 EST A LAND BANK ENTITY (EXC 1 (CCP# 105, 05/15) That the above item is hereby Received and Filed ADOPTED NO. 77 SMALL BUSINESS ENTREPRENEURS ARE THE KEY TO CREATING A UNIQUE VIBRANT WATERFRONT (ITEM NO. 162, C.C.P., MAR. 6, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That after the Common Council supports utilizing the significant tax dollars being provided for Bass Pro to request proposals from businesses in an effort to create a unique creative mix of development downtown and along our historic Erie Canal. That upon adoption of this Resolution that certified copies be sent to the Governor of New York State, The Empire State Development Corporation, the WNY State Legislative Delegation, and the Mayor of Buffalo. ADOPTED. NO. 78 A TIME FOR CHANGE (EXC I ST & FIN RES) (CCP# 108, 01/24) That the above item is hereby Received and Filed ADOPTED NO. 79 CARE ARCHITECTURAL SERVICES (STRAT PLAN) (CCP# 10, 07/24) That the above item is hereby Received and Filed ADOPTED NO. 80 PEACE BRIDGE EXPANSION PROJECT (STRAT PLAN) (CCP# 13, 07/24) That the above item is hereby Received and Filed ADOPTED NO. 81 RESULTS OF NEGOTIATIONS -444 WOODLAWN (ITEM NO. 13, C.C.P., JUNE 12, 2007) (ITEM NO. 130, C.C.P., JULY 24, 2007) Mr. Golombek moved that the above item be recommitted to the Committee on Community Development. ADOPTED NO. 82 J. PICCIANO -FEMA DETERMINATION OF 228 FENTON ST IN SPECIAL FLOOD HAZARD AREA (LOV) (CCP# 93, 07/24) That the above item is hereby Received and Filed ADOPTED LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 83 C. RATAJCZAK, PETITION TO USE 1193 DELAWARE AVENUE - CONVERT TO ADMINISTRATIVE OFFICES (ITEM NO. 99, C.C.P., SEPT. 4, 2007) That after the public hearing before the Committee on Legislation on September 11, 2007, the petition of C. Ratajczak, agent, for permission to use 1193 Delaware Avenue to convert an existing daycare center to administrative offices for Canisius High School be, and hereby is approved. PASSED AYES - 9 NOES -0 NO. 84 I. NELSON, PETITION TO USE 1412 KENSINGTON AVENUE -NIGHT CLUB /RESTANRANT (EAT IN) ALSO OUTDOOR CARE (ITEM NO. 100, C.C.P., SEPT. 4, 2007) If approved the following conditions apply Dear University District Resident, Please allow this letter to serve as an update of the status of Irene Melson's license application to the City of Buffalo for "Cocktails & More" located at 1412 Kensington Avenue. The following conditions will be placed on Ms. Melson's license: 1. Days and hours of operation a. Sunday through Wednesday: 12:OOpm to 1:OOam. b. Thursday through Saturday: 12:OOpm to 4:OOam 2. Age for admission is restricted to 35 and older. 3. No liquor or food will be permitted on the patio at any time. 4. Food will not be served carry out -- -only dine in. Owner understands that non - compliance of any of the above conditions will result in business being shut down one year from the date that the license was approved. --1 Ms. Melson's license application is scheduled for approval on the Common Council's agenda for Tuesday, September 18, 2007. There will be a public heating on Tuesday, September 11, 2007 at 2:OOpm in City Hall, 65 Niagara Square, Common Council Chambers, on the 13 floor to discuss the above conditions. You are welcome to attend. Should you have any questions or concerns regarding the above conditions, or notice a condition that I left out in this letter, please contact my office immediately at 851 -5165. Very truly yours, Bonnie E. Russell President Pro Tempore University District Councilmember Mr. Fontana moved that the above item be recommitted to the Committee on Finance ADOPTED NO. 85 J. MACALUSO, PETITION TO USE 67 W. CHIPPEWA - SIDEWALK CARE (ITEM NO. 101, C.C.P., SEP. 4, 2007) That the petition of J. Macaluso, owner, for permission to use 67 W. Chippewa for a sidewalk cafe at the front of a 3 story masonry mixed use building, patio area to be 5' x 37, defined with a wrought iron railing be, and hereby is approved. PASSED AYES - 8 NOES -0 NO. 86 REAPPOINTMENT BOARD OF CITY PLANNING (ITEM NO. 2, C.C.P., SEPT. 4, 2007) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved: That the reappointment of Cynthia A. Schwartz, residing at 833 Auburn Avenue, as Board of City Planning for a 3 year term, commencing immediately and expiring July 31, 2010 be, and hereby is approved. PASSED AYES -8 NOES -0 NO 87 DEDICATION AND STREET NAMING SYDNI ALLEY - SYCAMORE VILLAGE SUBDIVISION (ITEM NO. 31, C.C.P., SEPT. 4, 2007) That the Common Council hereby approves the request of the Department of Public Works to name and dedicate Sydni Alley according to City /NYSDOT Standard specifications as more fully described in the above - listed communication with the location map attached. That pursuant to City and Buffalo Charter and Code §286 -3(B), the City Clerk is hereby directed to prepare and submit to the Common Council for its consideration a Notice of Intention to name a public street. That notice of a public hearing be contained within the notice of intention pursuant to City of Buffalo Charter and Code 286 -3(C) and be published pursuant to Section 48 of the Charter of the City of Buffalo. PASSED. AYES - 8 NOES -0 NO. 88 FOOD STORE LICENSE - 117 -119 COLVIN (ITEM NO. 53, C.C.P., SEPT. 4, 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. 89 FOOD STORE LICENSE - 1199 KENSINGTON (ITEM NO. 66, C.C.P., SEPT. 4, 2007) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved —at the above item be recommitted to the Committee on Legislation ADOPTED. NO. 90 FOOD STORE LICENSE - 1030 MAIN (ITEM NO. 56, C.C.P., SEPT. 4, 2007) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved: That pursuant to Chapter 194 of the City code, the Commissioner of Economic Development, Permit & Inspections Services be, and he hereby is authorized to grant a Food Store License to Yaser Zaied, located at 1030 Main. PASSED. AYES - 8 NOES -0 NO. 91 FOOD STORE LICENSE - 2319 MAIN (ITEM NO. 57, C.C.P., SEPT. 4, 2007) That the Commissioner of Economic Development, Permit & Inspections Services denies a Food Store License to Yasma Ali, located at 2319 Main. DENY NO. 92 JACK COYLE - REQ. DISCOVERY SCHOOL DRIVEWAY SIGNS JA COYLE WAY" (ITEM NO. 148, C.C.P., SEPT. 4, 2007) That the Acting Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to install trailblazing signs at the Discovery School driveway proclaiming that portion as Jack Coyle Way. PASSED AYES - 8 NOES -0 NO. 93 ELDER OTIS STEPHENS - REQ. OAKGROVE AVENUE TRAILBLAZER SIGNS "ELDER OTIS STEPHENS WAY" (ITEM NO. 156, C.C.P., SEPT. 4, 2007) That the Acting Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to install trailblazing signs beneath the existing street signs on the comer of Oakgrove Avenue as East Delevan, and the comer of Oakgrove Avenue and Humboldt Parkway proclaiming that portion as "Elder Otis Stephens Way." PASSED AYES - 8 NOES -0 RESOLUTIONS NO. 94 BY: MR. BONIFACIO RESTORE NY COMMUNITIES INITIATIVE - MUNICIPAL GRANT PROGRAM WHEREAS, The City of Buffalo has a large stock of vacant and dilapidated structures causing a blighting effect on their surrounding neighborhoods; WHEREAS, In the 2006 -2007 enacted New York State Budget, Empire State Development Corporation received a $300 million appropriation to implement Restore NY Communities Initiative; WHEREAS The Restore NY Communities Initiative is a municipal grant program created for the sole purpose of revitalizing urban areas and stabilizing neighborhoods as a means to attract residents and businesses; WHEREAS The Restore NY Communities Initiative will fund municipally sponsored projects for the demolition, deconstruction, rehabilitation or reconstruction of vacant or obsolete structures; WHEREAS The Restore NY Communities Initiative will enable Buffalo to aggressively target demolition worthy structures for neighborhood revitalization efforts, consistent with the City of Buffalo Comprehensive Plan; WHEREAS Targeted demolitions in economically distressed areas, Empire Zones and Renewal Communities within the City of Buffalo will bolster economic development opportunities; WHEREAS The City of Buffalo will prepare and submit an application for the Restore NY Communities Initiative seeking funding in the amount of $20 million for the demolition of derelict structures in targeted, economically distressed areas of Buffalo; WHEREAS The City of Buffalo Common Council endorses the application for funding through the Restore NY Communities Initiative; NOW, THEREFORE, BE IT RESOLVED: That the Mayor is hereby authorized to execute any and all documentation necessary to apply, accept and administer said grant funding. NOTICE OF PUBLIC HEARING Notice is hereby given that a hearing will be held before the Common Council Council Chambers, City Hall, at 2:OOpm on September 18, 2007 on the following: The City of Buffalo Urban Renewal Agency hereby announces its intent to apply for and receive funds to begin the City of Buffalo's involvement in the New York State Restore NY Communities Initiative Program. The program will enable the City to fund targeted demolitions in economically distressed areas of Buffalo. Any questions on this project should be referred to Karen Stanley Fleming @ (716) 851 -5713. Gerald A. Chwalinski, City Clerk PASSED AYES - 8 NOES -0 NO. 95 BY: MR. BONIFACIO EXCUSE COUNCILMEMBER RUSSELL FROM COUNCIL MEETING Whereas: Councilmember Bonnie E. Russell is unable to attend the Common Council meeting on Tuesday, September 18, 2007; and Now, Therefore, Be It Resolved: That the Common Council excuses Councilmember Bonnie E. Russell from attending the Tuesday, September 18, 2007, Council meeting. ADOPTED NO. 96 BY: MR. DAVIS CITY OF BUFFALO LOCAL LAW NO. -- (2007) A LOCAL LAW INTRODUCTORY NO. 8 (2007) amending the Charter of the City of Buffalo in relation to creating a Division of Investment and Debt Management in the Department of Audit and Control BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1: That Article 7 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows: § 7 -11. Deputy Comptroller. In addition to the city auditor— [and] the city accountant, and the investment and debt management officer, the comptroller may appoint and at pleasure remove a deputy comptroller, who shall, during the absence or disability of the comptroller, possess all the powers and perform all the duties of the comptroller. The deputy comptroller shall hold a baccalaureate degree from an accredited college or university and at least three years experience in public or financial administration or an equivalent combination of training or experience sufficient to indicate the ability to perform the work. The deputy comptroller, under the supervision of the comptroller, shall have the same power as the comptroller to prepare, draw and sign all checks drawn on the accounts of the city or its agencies, and prepare and sign all bonds or other evidences of indebtedness issued by the city. Such deputy comptroller shall also have and perform such other and additional duties as may be from time to time assigned to him by the comptroller. In the event of the death of the comptroller, or a vacancy in that office, said deputy comptroller shall act as comptroller until the appointment and qualification of a comptroller. § 7 -15. Divisions. There shall be in the department of audit and control the following divisions: Division of audit. Division of accounting. Division of investment and debt management. § 7 -20. Investment and Debt Management Officer. The head of the division of investment and debt management shall be the investment and debt management officer who shall also be a deputy of the comptroller and whom the comptroller may appoint and remove at pleasure. He or she shall have been engaged in the practice of financial administration, having demonstrated experience in responsible charge of investments, management of daily revenues, disbursements, and supervision of personnel. He or she must hold a baccalaureate degree from an accredited college or university or an individual who shall have such combination of professional, educational and experience requirements, to be determined by the comptroller, as shall be in the best interests of the city of Buffalo. 7 -211 Duties and Powers of Investment and Debt Management Officer. The investment and debt management officer under the supervision of the comptroller shall be charged with and exercise all the powers and duties with respect to depositories, security, and, investment of general fund moneys not immediately required hereinbefore conferred on the comptroller and shall prepare all checks drawn on the treasury and as deputy comptroller shall have power to sign checks. He or she shall act for and generally in place of the comptroller and shall exercise such other powers and duties as may be conferred by the comptroller. Section 2. Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions of this local law shall be controlling. Section 3. This local law shall take effect immediately. NOTE: Matter underlined is new, matter in brackets is to be deleted. APPROVED AS TO FORM ONLY ASSISTANT CORPORATION COUNSEL NO. 97 BY: RICHARD FONTANA PILOT AGREEMENT 1603 SENECA ST WHEREAS, the Common Council of the City of Buffalo, New York (the "Council "), recognizes the need to develop a sufficient supply of adequate, safe and sanitary dwelling accommodations, for its senior citizens, WHEREAS, SSSN Housing Development Fund Company, Inc. a housing development Fund Company, organized pursuant to Article XI of the New York Ste Private Housing Finance Law is proposing to construct a new building at 1603 Seneca Street for 75 Single Room Occupancy units. WHEREAS, This project will serve persons with mental illness and other disabilities. All units will be 100% handicapped accessible. WHEREAS, DePaul Community Services, Inc. will provide the supports necessary for an individual to live in the community and learn to function independently. WHEREAS, Clean affordable housing to low income disabled persons and chronically homeless disabled persons is a high public need in Buffalo. RESOLVED, that the real property identified as 1603 Seneca Street in the City of Buffalo, New York, be exempted from real property taxes for a period of 15 years as set forth in the attached PILOT Agreement Be it further RESOLVED that The amount of the PILOT payment was calculated based upon the City's PILOT policy which provides for payments in the amount of 3% of gross rent assuming a 5% vacancy. Payments will increase by three percent per year for the duration of the 15 year Pilot. Be it further RESOLVED that this Body authorizes the Mayor to enter into a PI LOT in form and substance as set forth in the attached PILOT Agreement. REFERRED TO THE COMMITTEE ON FINANCE. NO. 98 BY: MR. FONTANA WAIVING CONSTRUCTION FEES & CONTRACTOR LICENSE FEES FOR HABITAT FOR HUMANITY BUFFALO FOR 2007 -2008 Whereas: Habitat for Humanity has an excellent reputation as a not - for - profit organization; and Whereas: Habitat for Humanity volunteer work force continues to rehabilitate older homes and build new ones; ever advancing their mission to increase home ownership and property tax revenue for the City of Buffalo, all while strengthening our City; and Whereas: Habitat for Humanity has completed 170 projects in 22 years of building, which translates to 693 more citizens of Buffalo now living in simple decent affordable housing, of which 394 are children; and During 2007, Habitat for Humanity has completed rehab projects at 131 Congress, 413 Hewitt, 227 Maple, 709 Northampton, 376 LaSalle, and 152 Goethe. Currently rehab projects are underway at 537 Glenwood, 38 Glendale, 227 Peach, 106 Hubbell and 449 Breckenridge, with new builds at 128 & 132 Chester, and 380 & 386 Cornwall all within the City of Buffalo; and Whereas: All fees waived by the City of Buffalo will translate directly into more construction dollars and will reduce building costs; and Whereas: Ninety cents of every dollar Habitat for Humanity spends is strictly directed towards construction expenses; and Whereas: The City of Buffalo, and especially this Common Council, seeks to maintain and encourage such a valuable partnership by increasing our support to all causes aimed at strengthening and revitalizing our "City" neighborhoods. Now, Therefore, Be It Resolved That: The Buffalo Common Council does hereby request that the Department of Economic Development, Permits and Inspections waive all construction permit fees and contractor license fees for 2007 -2008 for Habitat for Humanity of Buffalo in order to promote our goal of increasing home ownership in the City of Buffalo, and Be It Further Resolved, that the Commissioner of the Department of Economic Development, Permits and Inspection report back to the Buffalo Common Council on any and /all action taken to achieve that above goal of waiving construction and contractor license fees for Habitat for Humanity for 2007 -2008, within thirty days of passage of this resolution by the Common Council; and BE It Finally Resolved That: The City Clerk if directed to send copies of this Resolution to Commissioner Richard M. Tobe, EDPI, Alisa A. Lukasiewicz, Corporation Counsel and Ronald Tal boys, President, Habitat for Humanity, Buffalo, PO Box 511, Buffalo, NY 14205 -0511 for their review. PASSED AYES - 8 NOES -0 NO. 99 BY: MR. FONTANA RE: WAIVE DISPOSAL FEES FOR HABITAT FOR HUMANITY OF BUFFALO - SOUTH OGDEN TRANSFER STATION FOR THE 2007 -2008 FISCAL YEAR Whereas: The City of Buffalo owns a transfer station on South Ogden; and Whereas: Private citizens may use this facility to dump bulk trash on their own as a way to alleviate heavy trash pile up on city streets for a fee; and Whereas: Habitat for Humanity volunteer work force continues to rehabilitate older homes and build new ones; ever advancing their mission to increase home ownership and property tax revenue for the City of Buffalo, all while strengthening our City; and whereas: Ninety cents of every dollar Habitat for Humanity spends is strictly directed towards construction expenses; and As a measure of partnership and commitment, Habitat for Humanity has requested that the City of Buffalo waive all waste disposal fees for 2007 -2008, including the their outstanding balance in the amount of $1389.30 that has been received for 2007; and whereas: Habitat for Humanity has an excellent reputation as a not - for - profit organization; and During 2007, Habitat for Humanity has completed rehab projects at 131 Congress, 413 Hewitt, 227 Maple, 709 Northampton, 376 LaSalle, and 152 Goethe. Currently rehab projects are underway at 537 Glenwood, 38 Glendale, 227 Peach, 106 Hubbell and 449 Breckenridge with new builds at 128 & 132 Chester and 380 & 386 Cornwall all within the City of Buffalo; and Whereas: The City of Buffalo, and especially this Common Council, seeks to maintain and encourage such a valuable partnership by increasing our support to all causes aimed at strengthening and revitalizing our "City" neighborhoods. Now, Therefore, Be It Resolved That: The Buffalo Common Council does hereby waive the outstanding fee of $1389.30 and all future waste disposal fees for 2007 -2008 for Habitat for Humanity of Buffalo at the South Ogden Transfer Station in order to promote our goal of increasing home ownership in the City of Buffalo. PASSED AYES - 8 NOES -0 NO. 100 BY: MR. FONTANA OPPOSITION TO THE IMPORTATION OF CHINESE MADE VEHICLES Whereas: Recently, USA Today reported that Cerberus LLC and Chrysler Cooperation approved a deal to team with the Chinese automaker Chery Motor Co. To develop small cars to be sold in the United States. The Chinese Government still needs to approve the agreement; and Whereas: Although Chinese Automakers have seen success in underdeveloped nations, they have struggled to break into U.S. and European markets because of substandard quality; and Whereas: That substandard quality is due in part of the unskilled labor available in China. The same USA Today Article repots that Chinese labor rates are often as low as $1 or $2 an hour and the cost to build a modern auto plant in China is about half the cost as in the United States; and Whereas: Nationally, the United States Automotive Industry is one of the largest employers providing decent salary and benefits as well as a skill to its workers and offering quality products to the market; and Whereas: Locally, Western New York residents rely heavily on the Automotive Industry. Most families have ties to the local Chevrolet and Ford Plants and are raised in homes rtm by Automotive Employees, as their childhood homes were as well; and Whereas: Local automotive families are often loyal to "home grown" products and have come to expect and rely on a level of quality provided by U.S. made products; Now, Therefore, Be it Resolved: That the Common Council of the City of Buffalo does hereby oppose Cerberus LLC and Chrysler's Cooperation interest in teaming with Chinese automaker Chery Motor Co. to provide a vehicle for sale in the United States that is manufactured in a plant providing substandard working conditions and salaries and benefits below any adequate cost of living rate; and Now, Therefore, Be It Further Resolved: That this Honorable Body does hereby request that certified copies of this resolution be forwarded to the WNY Delegation, the New York State Governor, The New York House Members, local Automotive Unions, National League of Cities, and Cerberus LLC and Chrysler Cooperation. ADOPTED - y A L r i 1: 411111 a Mill 0 [ x+ 1: / NO. 101 SHIFT OF OPERATIONS INTO AN EMPIRE ZONE WHEREAS: Chaintreuil Jensen Stark Architects LLP, founded in 1972, has been a regional design leader creating innovative and award - winning architecture, operating at its Buffalo location at 303 South Park Avenue for over 10 years; and WHEREAS: Chaintreuil Jensen Stark Architects LLP currently employs 6 people in its Buffalo office who are all residents of the City of Buffalo or surrounding suburbs; and WHEREAS: due to an expanding business and the need for more space, Chaintreuil Jensen Stark Architects LLP finds it advantageous to relocate and is desirous of maintaining operations in the City of Buffalo; and WHEREAS: Chaintreuil Jansen Stark Architects LLP has met with members of the Buffalo Economic Renaissance Corporation in connection with its efforts to find a location within the City of Buffalo Empire Zone; and WHEREAS: Chaintreuil Jansen Stark Architects LLP will relocate to 755 Seneca Street, which is located within a City of Buffalo Empire Zone and in the historic Larkin District; NOW THEREFORE BE IT RESOLVED: The City of Buffalo Common Council hereby consents to the relocation of Chaintreuil Jensen Stark Architects LLP from 303 South Park Avenue, Buffalo, New York to 755 Seneca Street, Buffalo, New York, located within a City of Buffalo Empire Zone; and, BE IT FURTHER RESOLVED: That certified copies of this resolution be forwarded to Chaintreuil Jensen Stark Architects LLP and the Buffalo Economic Renaissance Corporation; and, BE IT FINALLY RESOLVED: That this resolution shall take effect immediately PASSED AYES — 8 NOES 0 NO.102 MR GOLOMBEK SUPPORT FOR SMALL BUSINESS INNOVATION RESEARCH (SBIR) PROGRAM Whereas: Through the Small Business Innovation Research (SBIR) program, federal agencies with large outside research and development budgets must set aside 2.5 percent of their research and development money for small business grants; and Whereas: These federal grants are used to help small businesses explore the feasibility of new ideas and technologies in early -stage development; and Whereas: Nationally, small businesses receive nearly $2 billion in grants each year through the SBIR program, while locally companies in the Buffalo received nearly $9 million in 2006; and Whereas: As the current SBIR program expires September 2008, Congress is currently discussing renewal of the program and doubling the amount of federal research dollars that go to small businesses by requiring federal agencies to devote 5 percent of their research and development budgets to the SBIR program; and Whereas: Small businesses in Buffalo, especially those forming around the Medical Campus, would benefit greatly from an increase in federal funding and an expansion of the SBIR program; and Now Therefore Be It Resolved That the Buffalo Common Council supports the efforts to renew the Small Business Innovation Research (SBIR) program and also supports the efforts to increase the program's funding believing that both will help in local job creation and small business development. Be It Further Resolved That this item be sent to U.S. Senator Charles Schumer, U.S. Senator Hilary Clinton, Congressman Higgins, Congresswoman Slaughter, and Congressman Reynolds. ADOPTED NO. 103 Mr. Golombek Utilizing the Buffalo Special Police to Assist With Quality of Life Problems Whereas: The City of Buffalo has many wonderful qualities that make it an attractive place to live; and Whereas: While major crimes such as murder, rape, robbery and assault are down significantly from previous years, many neighborhoods have quality of life issues that must be addressed; and Whereas: Neighborhood decline starts with quality of life issues that go unaddressed; and Whereas: To revitalize neighborhoods with serious problems and to prevent stable neighborhoods from sliding downward, we must place a greater emphasis on addressing quality of life issues; and Whereas: Unreasonable noise, unkempt properties, and public drinking all create a sense of disorder that negatively impacts neighborhoods causing people to move out of Buffalo; and Whereas: While the Buffalo Police Department has recently increased their enforcement of quality of life matters, more must be done to change the perception and the reality of what is occurring in many Buffalo neighborhoods; and Whereas: The Buffalo Special Police are a dedicated group of volunteers currently assisting the residents and businesses of the North Council District and the Buffalo Police Department by patrolling on foot; and Whereas: The Buffalo Special Police with their presence and professional conduct have had a positive impact in the North District; and Whereas: Providing the Buffalo Special Police with the ability to write quality of life tickets, would be a tremendous help in improving the Quality of Life in the North District and throughout the City of Buffalo; and Now Therefore Be It Resolved That this item is referred to the Mayor, Law Department, the Police Commissioner, the Commissioner of Economic Development Permits & Inspection Services, the Buffalo Special Police, the Good Neighbor Planning Alliances, and the Buffalo Board of Block Clubs for their comments. Be It Further Resolved That this item is referred to an appropriate Committee of the Common Council for further discussion and consideration. ADOPT 1st RESOLVE AND REMAINDER TO THE COMMITTEE ON LEGISLATION AND CORPORATION COUNSEL No. 104 Bouncer Law (C. Clk.) ( #37, 7/11) That the above item be, and the same hereby is received and filed. ADOPTED NO. 105 Ord. Amend - Chapter 372 Bouncer Law (# 106, 6/27) That the above item be, and the same hereby is received and filed. ADOPTED COMMUNITY DEVELOPMENT (Joseph Golombek Jr., Chairman) No. 106 Req. Appr. Prop. Amendment to LDA -1106 Genesee, 836 Sycamore & 182 Wilson Street (CCP# 116- 9/5/06) (Hrg. 9/19) That the above item has been sent to the Common Council without recommendation. Joseph Golombek Jr. Community Development Committee Chairman A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On motion by Mr. Bonifacio, seconded by Mr Fontana , the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances Sandra Nasca, St. Planning, Richard Tobe Comm of Ec Dev, Permits License Mr. Bonifacio now moved that the hearing be closed. Seconded by Mr Fontana CARRIED Mr. Golombek moved: That after a public hearing on September 19, 2006, the Common Council does hereby approve the terms contained n Contract for the Sale of Private Redevelopment', 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 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 1106 Genesee, 836 Sycamore and 182 Wilson Streets are determined to be satisfactory and all other conditions as listed in Item No. 116, C.C.P., September 5, 2006. PASSED AYES — 8 NOES -1 AYES — BONIFACIO, FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RUSSELL AND THOMPSON —8 NOES — DAVIS -1 NO. 107 Amend LDA for 1106 Genesee, 836 Sycamore and 182 Wilson Streets (Strat. Planning) (Item No. 7, C.C.P., Sept. 5, 2006) That after a public hearing on September 19, 2006, the Common Council does hereby approve the terms contained in "Contract for the Sale of Private Redevelopment", 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 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 1106 Genesee, 836 Sycamore and 182 Wilson Streets are determined to be satisfactory and all other conditions as listed in Item Nos. 7 and 116, C.C.P., September 5, 2006. PASSED AYES 8 — NOES —1 AYES — BONIFACIO, FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RUSSELL AND THOMPSON —8 NOES — DAVIS -1 NO. 108 Restore NY Comm. Initiatives - Municipal Grant Program (CCP# 118 - 9/5/06) (Hrg. 9/19) That the above item has been sent to the Common Council without recommendation. Joseph Golombek Jr Community Development Committee Chairman A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On motion by Mr. Bonifacio, seconded by Mr Russell, the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances- Richard Tobe -Comm of Ec Dev, Permits /Inspections Sandra Miller -St Planning, Arthur Robinson, Seneca Babcock Mr. Bonifacio now moved that the hearing be closed. Seconded by Mr Thompson Mr. Golombek moved: That the Mayor on behalf of the City of Buffalo be, and he hereby is authorized to execute any and all documentation necessary to apply, accept and administer said grant funding for the Restore NY Communities Initiative. PASSED AYES — 9 NOES 0 NO. 109 BURA's Application to Restore NY Communities Enitlative - Municipal Grant Program ( Strat. Planning) (Item No. 8, C.C.P., Sept. 5, 2006) That after a public hearing, the Common Council does hereby authorize the Mayor on behalf of the City of Buffalo to execute any and all documentation necessary to apply, accept and administer said grant funding for the Restore NY Communities Initiative. PASSED AYES — 9 NOES — 0 NO. 110 St. John's Community Dev. Town House Project - Sale of City Parcels (Item No. 11, C.C.P., Sept. 5, 2006) That the Executive Director, Office of Strategic Planning be, and he hereby is authorized to prepare the required Land Disposition Agreement and deed to St. John's Community Development Corporation or the appropriate Housing Development Fund Corporation in accordance with Section 576 -a of the New York State Private Housing Finance Law. That the Mayor be, and he hereby is authorized to execute the same. PASSED AE S- 9 NOES — 0 NO. 111 R. Heffern- Economics of Gambling- Summary Points ( #75 7/25) That the above item be, and the same hereby is received and filed. ADOPTED NO. 112 M. Kearns -D. Bennett - Effects of Urban Gambling Casino ( #77 7/25) That the above item be, and the same hereby is received and filed. ADOPTED NO. 113 Burchfield- Penney Art Center Project (Item No. 110, C.C.P., Sept. 5, 2006) 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 and the same hereby is received and filed ADOPTED No. 114 R. Tylicki -NFTA ROW Near Starin Avenue (ECPI) ( #61, 9/5) That the above item be, and the same hereby is received and filed. ADOPTED No. 115 M. Kearns -Opp. Comm. Field House Complex (ECPI) ( #51, 9/5) That the above item be, and the same hereby is received and filed. ADOPTED NO. 116 Results of Negotiations - 755 Best Street (Item No. 5, C.C.P., July 11, 2006) (Item No. 149, C.C.P., July 25, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation Mr. Golombek moved: That the offer from Mr. August H. Land, Jr. and Mrs. Jepthemenia Land, residing at 49 Meyers Street, in the sum of one thousand and one hundred dollars ($1,100.00) for the purchase of 755 Best Street, be and is hereby accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES — 9 NOES — 0 NO. 117 J. Golombek -R. Heffem- CACGEC -Opp. Casino ( #50, 7/11) That the above item be, and the same hereby is received and filed. ADOPTED NO. 118 J. Golombek -BERC Bd. Of Director's Meeting Summary- 6/21/06 ( #51, 7/11) That the above item be, and the same hereby is received and filed. ADOPTED NO. 119 Putting Marine Drive Apartments on the Tax Rolls ( #131, 4/19) That the above item be, and the same hereby is referred to the Special Committee on Waterfront Development. ADOPTED NO. 120 Appt. of Student Liaison to the Comm. Dev. Committee ( #97, 2/21) That the above item be, and the same hereby is received and filed. ADOPTED Ayes — Davis, Fontana, Franczyk, Golombek, Kearns, Locurto, Russell and Thompson —8 Noes — Bonifacio — 1 RESOLUTIONS No. 121 By: Mr. Bonifacio Re: Ordinance Amendment Chapter 511, Zoning The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 511 of the Code of the City of Buffalo be amended to read as follows: § 511 -136. Use permit required for human service facilities. A. Legislative findings and intent. It is recognized that human service facilities exist in locations throughout the City of Buffalo. It is further recognized that there exists a concentration of such facilities in certain areas of the city despite application of the current Zoning Ordinances of the City of Buffalo. The continuing placement of such facilities in areas which are already over - concentrated serves to defeat the community integration goals of these facilities and may alter the nature and character of affected areas to the detriment of both the users of such facilities and the community in general. Further regulation is therefore necessary to balance the interest of the users of such facilities and the community in general. B. Regulated uses. Effective [July 1, 1995] upon the passage of this article, no public or private entity shall establish a food pantry, soup kitchen, substance abuse community or residential treatment facility, walk -in or drop -in center, counseling center, detention center, temporary or short -term shelter, transient housing, residential treatment facility established for penal or correctional purposes or similar facilities, in the City of Buffalo without first obtaining permission from the Zoning Board of Appeals. The requirements of this article shall apply to regulated uses existing prior to the effective date of this article which are enlarged or extended after the effective date of this article. C. Application to Zoning Board. Applicants seeking to establish uses regulated under this section shall submit to the Zoning Board a detailed description of the proposed use, including but not limited to an estimation of the number of individuals to be served at the facility over a stated time period, the number of residents to be housed, the activities and programs anticipated at the facility, the hours of operation and the degree of supervision at the facility. The applicant shall also submit a demonstration of the need for such use at the proposed location and a detailed explanation of how this use will not adversely impact the nature and character of the area in which the facility is to be based. The applicant shall also submit the information required under this subsection to both the Common Council and the City Planning Board for their review and advisory recommendation, if any. The Zoning Board of Appeals, Common Council, or City Planning Board may also require other information as may reasonably be necessary to ascertain the impact of the proposed facility on public safety, health and welfare. D. Standards. In addition to a consideration of the effect of the proposed use on the public health, safety, and aesthetics, the Zoning Board shall consider the impact of the proposed use on the area in which the facility is to be based, including the concentration of existing regulated uses. The Zoning Board shall consider any recommendation from the Common Council or the City Planning Board, but it is not bound by these recommendations. Within 120 days after receiving an application, the Zoning Board of Appeals shall either approve the application without conditions, approve the application with conditions or deny the application. E. Conditions on approval. In the event of an approval, the Zoning Board may attach such conditions as are necessary or desirable in its judgment to ensure the compatibility of the proposed use with surrounding property and overall development of the community. Such conditions shall be expressly set forth in the Zoning Board approval. Nothing contained herein shall preclude the Zoning Board from making reasonable accommodations in rules, policies, practices or services as are necessary to allow the users of a regulated facility to use and enjoy such facility. F. Denial of application. The Zoning Board shall deny an application if it is determined that the nature and character of the area in which the facility is to be based would be substantially altered as a result of the establishment of the facility. In the event of a denial, the Zoning Board shall issue a written decision specifying the basis for the denial. G. Abandonment of use. All approvals issued under this article shall expire and terminate upon the cessation or abandonment of the permitted use for a one -year period. H. Termination. All approvals shall be deemed to be personal to the holder and shall terminate upon the transfer of title or ownership of the property or change of operator, tenant or occupant or a change of use. I. Exemption. The requirements of this article shall not apply to hospitals, sanitariums or other institutions governed by § 511 -12H of this chapter. The requirements of this article shall not apply to those facilities whose site selection is comprehensively regulated by state or federal law and when such regulation is intended to preempt local regulation of site locations as contained in this article. J. Effective date and expiration. This article shall take effect [on July 1, 1995] —, and shall expire on July 1, [2004] 2011. K. Severability. If any word, clause, sentence, paragraph, subsection, section or part of this article included in this article now or through supplementation shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the word, clause, sentence, paragraph, subsection, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. APPROVED AS TO FORM NOTE: Matter underlined is new, matter in brackets is to be deleted. REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD NO. 122 By: Mr. Bonifacio Re: Ordinance Amendment Chapter 387, Signs The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 387 of the Code of the City of Buffalo be amended to read as follows: § 387 -15. Limitation on extension into street; temporary signs No sign within the City shall extend over the exterior street line beyond the curb; nor shall a sign be erected having a greater dimension than 12 feet in a direction at fight angles to the wall of a building; nor shall a sign be erected so that the same extends more than eight feet into the street beyond the exterior street line; provided, however, that temporary signs, nonilluminated except by reflected light of street or building illumination, such as banners or so- called "swinging pictorial displays," etc., shall be permitted to be erected over and across a portion of a street or public highway, except in the area bounded by Exchange Street, the Terrace, Elmwood Avenue, Tupper Street and Washington Street, with the consent of the Common Council, the approval of the Commissioner of Permit and Inspection Services, and upon the filing by the permittee with the Comptroller of a bond or policy of liability insurance protecting the City against loss and damage, claims, liens, proceedings and actions insofar as may be applicable, and listing the City on the bond or policy as "additional insured with respect to the work being done," as provided in Chapter 413, § 413 -9, of the Code. Said bond or policy shall be approved as to form by the Corporation Counsel and as to sufficiency by the Comptroller. Such bond shall be in the sum of $10,000, and such policy of liability insurance shall protect the city against loss in the sum of $100,000 for property damage and not less than $100,000 for injury to one person or $200,000 for injuries to more than one person. If such temporary banner or sign is to be attached to a building or a structure on premises adjacent to the public highway over which such temporary banner or sign is to be erected, the consent of the owner of such building or structure shall be obtained before the erection of the banner or sign is commenced. Banners, temporary signs, or pictorial displays shall be removed by the responsible party when they are torn or otherwise damaged, and /or when they become obsolete. All banners, temporary signs, or pictorial displays shall be removed by the responsible party within forty -five days of approval unless the City of Buffalo authorizes a longer period in accordance with the requirements of this chapter and applicable law. APPROVED AS TO FORM REFERRED TO THE COMMITTEE ON LEGISLATION. NOTE: Matter underlined is new, matter in brackets is to be deleted No. 123 By: Mr. Bonifacio Request Grant Funding from New York State Canal Corporation to Implement the Erie Canal Greenway Program Whereas: The New York State Canal Corporation is soliciting projects to implement Governor George E. Pataki's vision for an Erie Canal Greenway, first proposed by the Governor in May 2005; and Whereas: The December 2005 report released by the New York State Canal Corporation Interagency Task Force, entitled "Report on the future of New York State Canals" recommended a voluntary, collaborative strategy for providing assistance to communities along all four canals of the New York State Canal System through a canal -wide "greenway" program; and Whereas: Funding for a grant program to implement the vision of the Governor and the recommendation of the Task Force was approved in the 2006 -2007 New York State Budget, and $6 million is now available under four grant categories; and Now Therefore Be It Resolved: That the City of Buffalo supports the creation of a voluntary Erie Canal Greenway as proposed by the Governor and recommended in the Report by the Interagency Task Force based upon six (6) principles, including: (1) waterfront public access, (2) tourism, (3) recreational development, (4) natural and cultural resource protection, (5) local and regional planning, and (6) economic revitalization; and Be It Further Resolved: That the City of Buffalo supports the submission of an application for funding from the New York State Canal Corporation through the Erie Canal Greenway Grant Program in the amount of $250,000 for the project entitled "Broderiek Park Restoration." ADOPTED No. 124 By: Mr. Fontana RE: Waive License and Permit Fees - Habitat for Humanity of Buffalo Whereas: Habitat for Humanity has an excellent reputation as a not - for - profit housing organization; and Whereas: Their volunteer work force continues to rehabilitate older homes and build new ones; ever advancing their mission to increase home ownership and property tax revenue for the City of Buffalo, all while strengthening our communities; and Whereas: Ninety cents of every dollar Habitat for Humanity spends is strictly directed towards construction expenses; and Whereas: As a measure of partnership and commitment, Habitat for Humanity has requested that the City of Buffalo waive all license and permit fees for 2006 -2007; and Whereas: The City of Buffalo, and especially this Common Council, seeks to maintain and encourage such valuable partnerships by increasing our support to all causes aimed at strengthening and revitalizing our City" neighborhoods. Now, Therefore, Be It Resolved That: The Common Council of the City of Buffalo waives all 2006 -2007 housing and construction license and permit fees for Habitat for Humanity of Buffalo in order to promote the goal of increasing home ownership. PASSED AYES — 9 NOES — 0 BY: MR. FRANCZYK 10 1 WNPV RE: CRIME IN BMHA PROJECTS WHEREAS: In 2005 the Buffalo Municipal Housing Authority ceased funding for the Buffalo Municipal Housing Authority police; and, WHEREAS: The removal of at least twenty -six BMHA officers dedicated solely to protecting tenants and property in the BMHA system forced those duties on a shrinking Buffalo Police force; and, WHEREAS: Crime and murder are up in Buffalo, putting a further strain on the Buffalo Police Department, which must respond t problems in the large BMHA system previously handled by the BMHA Police; and, WHEREAS: The Common Council stood in opposition to the dissolution of the Housing Authority police because it recognized that the BMI -IA police were better acquainted with problems in the BMHA system than the Buffalo Police Department, which has the responsibility for the entire city; and, WHERAS: Residents of the Perry Projects have indicated that criminal activity has increased in their developments since the removal of the BMHA police; and, NOW THEREFORE BE IT RESOLVED: That the Common Council request that the BMHA and Buffalo Police Department report on whether or not crime has risen in the Perry Projects and other BMHA housing and property since the dissolution of the BMI -IA police; and, BE IT FURTHER RESOLVED: That the Council requests that the BMHA and the Buffalo police report on steps being taken to curb the reported rise in crime in BMHA facilities; and, BE IT FURTHER RESOLVED: That the Common Council inquires if there are any plans by the BMHA to restore a BMHA Police force; and, BE IT FINALLY RESOLVED: That this item be sent to the Budget Committee for further consideration. ADOPTED NO. 126 By: Mr. Franczyk Appointments to the Citizen's Planning Council Whereas: On behalf of the Buffalo Common Council, the following four names are submitted and recommended for approval to serve on the Citizens Planning Council: Arthur J. Robinson, Jr. 192 Maurice Street Buffalo, New York 14210 Term ending June 30, 2010 Pamela K. Beal 473 Colvin Avenue Buffalo, New York 14216 Term ending June 30, 2010 Marilyn Rodgers 81 Johnson Park Buffalo, New York 14201 Term ending June 30, 2010 Albert DeBenedetti 54 Philadelphia Street Buffalo, New York 14216 Term ending June 30, 2008 Whereas: The establishment and outline of the Citizens Planning Council shall be carried forth as described in Article 18, Sections 18 -23 through 18 -29 of the City of Buffalo Charter. Now, Therefore, Be It Resolved: That this Common Council hereby approve and designate the above listed names for the terms indicated as members of the Citizens Planning Council. ADOPTED NO. 127 By: Mr. Kearns RE: Legislative Assistant Appointment WHEREAS: I am appointing Kevin M. Linder, who resides at 43 Lovering Avenue, Buffalo, New York as a Legislative Assistant in my office; and WHEREAS: Mr. Linder has previously worked as an intern in the South District Council Office and is quite capable of filling this position; and WHEREAS: Mr. Linder is a graduate of John Carroll University, having received a Bachelor of Science Degree in Business Administration, and is a student at the State University of New York at Buffalo Law School, and is involved in many South District community organizations. NOW THEREFORE BE IT RESOLVED THAT: Kevin M. Linder is appointed as a Legislative Assistant for the South District ADOPTED By: Mr. Kearns NO. 128 Local Law No. (2006) Introductory No. 17(2006) A LOCAL LAW Council amending the Charter of the City of Buffalo in relation to the Department of Common BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOW: Section 1. That Article 3 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follow: § 3 -6. Vacancies in the Common Council [Amended 8 -22 -2002 by L.L. No. 12 -2002, effective 12 -1 -2002 EN] In the case of a vacancy in the office of district council member, otherwise than by expiration of the term, the remaining members of the council shall appoint a qualified resident of the same political party and district as the council member whose place is vacant to fill such vacancy until the first day of January following the next general election at which a district council member may, pursuant to law, be chosen for the balance of the term. The person so elected shall take office on the first day of January following such general election. Prior to an appointment, the Common Council shall direct the City Clerk to advertise the vacancy for a minimum of five (5) days on the City's Web -site and Public Access Media outlets, and obtain from any qualified resident seeking consideration for appointment, a current resume, a letter requesting appointment to the vacancy. In the case of a vacancy in the office of president of the common council otherwise than by expiration of his or her term, the remaining members of the common council shall appoint one of their members to fill such vacancy until the next organizational meeting. Section 2. Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions of this law shall be controlling. Section 3. Adoption of this local law is subject to mandatory referendum in accordance with Municipal Home Rule Law Section 23. Section 4. IT IS HEREBY CERTIFIED, pursuant to Section 20 of the Municipal Home Rule Law, that the immediate passage of this Local Law is necessary. APPROVED AS TO FORM S Note: Matter underlined is new, Matter in brackets is to be deleted. PASSED AYES — 9 NOES — 0 BOARD OF POLICE AND FIRE PENSION PROCEEDINGS #8 Office of the Mayor -201 City Hall September 20, 2007 Present:; Byron W. Brown, Mayor, Daryl Mcphearson, City Auditor, Alisa A. Lukasiewicz, Corporation Counsel; Gerald Chwalinski, City Clerk - 4 The Journal of the last meeting was approved. No. 1 1 transmit herewith the Pension Payroll forthe Fire Pension Fund forthe months of August & September 2007 amounting to $5,610.00 and $5,610.00, and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayee -4. Noee -0. No. 2 I transmit herewith the Pension Payroll forthe Police Pension Fund forthe month of August & September 200 amounting to $3,760.00 and $3,760.00, respectively, and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes -4. Noes -0. No. 3 The following annuitant was cancelled from the Police Pension Fund Payroll: Myrtle Vogel Died July 31, 2007 No. 4 On motion by Mr. McPhearson, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m.