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Home My WebLink About07-1113pp (2)11/13/2007 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO November 13, 2007 PENSION PROCEEDINGS November 15, 2007 No. 21 Nov 13, 2007 11/13/2007 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, NOVEMBER 13, 2007 AT 2:00 p.m. PRESENT — David A. Franczyk, President of the Council, and Council Members Bonifacio, Fontana, Golombek, Kearns, LoCurto, Russell and Smith — 8 ABSENT — Davis - 1 On a motion by Mr. Bonifacio, seconded by Mr.Fontana, the minutes of the stated meeting held on October 16, 2007 were approved. Nov 13, 2007 11/13/2007 INVOCATION - PLEDGE TO FLAG ** *FINAL * ** * *November 13, 2007 ** *2:00 PM MAYOR 1. Appt Member Bd of Pkg LEG,COLL 2. Appt Member -Comm on Cit Rights and Comm Svs LEG,COLL MAYOR - EXECUTIVE 3. Plan Bd- Negative Declaratin- 302 -306 East Amherst St (Univ) R &F 4. Plan Bd- Negative Declaration- 501 -515 Main St, 500 and 510 Washington St(Ell) R &F 5. Plan Bd- Negative Declaration -511 Michigan Ave(Ell) R &F 6. Strat Plan- Lease of Portion of City Owned Driveway -489 Elmwood(Nia) APP 7- 6A. Strat Plan- Clarified and Revised (Nov 13 th , 2007)Lease of Portion of a City -Owned Driveway Servicing 489 Elmwood Ave. APP COMPTROLLER 8- 7. Certificate of Necessity Common Council $16,000.00 R &F MANAGEMENT INFORMATION SYSTEMS 9- 8. Certificate of Appointment(Prov)(Flat)(Amos) CS PUBLIC WORKS 10- 9. Change in Contract Fire Dispatch Office Boiler Replacement (Ell) APP 11- 10. Increase in Contract MLK Park Site Imp. (Masten) APP 12- 11. Report of Bids City Hall Fire Alarm Emergency Recont. 12, 121/2, 13 Floors(Ell) APP 13- 12. Report of Bids Colonel Ward Crane Emergency Rehab. (Ell) APP 14- 13. Report of Bids Shea's Performing Arts Ctr Htg /Cooling, Phase 3 (Ell) APP 15- 14. Permission to Retain Consultant Citywide Tree Management FIN POLICE 16- 14A Appt Police Captain (Perm)(McLellan) CS 17- 14B Appt Police Captain (Cont Perm) (McCarthy) CS 18- 14C Appt Police Lieutenant (Cont Perm) ( Panus) CS 19- 14D Appts Police Detective (Perm)(McGrath)(Keane) CS 20- 14E Appt Police Detective (Cont Perm)(Mourgas) CS 21- 15. Utilizing The Buffalo Police to Assist with Quality of Life Problems LEG CORPORATION COUNSEL 22- 15A Contract for Design and Implementation of Office Wide Records Mngt Solution APP PERMITS & INSPECTIONS 23- 16. Food Store License -137 Maple (Ell) LEG 24- 17. Lodging House Agent License LEG,EDPI,CC 25- 18. Rest. Dance Class III, 1412 Kensington (Unv) LEG ADMINISTRATION AND FINANCE 26- 19. Disposal of Vehicles APPW /COND CITY CLERK 27- 19A Req Perm to Purchase A New Van for Records Mngt APP 28- 20. Liquor License Applications R &F 29- 21. Notices of Appointments - Temp. /Prov. /Perm. CS MISCELLANEOUS 30- 22. LP Ciminelli -Board Packet Documents November 2007 R &F 31- 23. B. Davis -Legal Opinion on Proposed 175 S. Division Public Pkg Facility(Ell) R &F 32- 24. B. Davis -West Village Renaissance Group Rebuttel to DPW Report on Traffic Redirection for W Chippewa(Ell) LEG 33- 25. R. Fontana -C. Estereicher- Business Relationship W /China's Cheryl Auto Co R &F 34- 26. R. Fontana -J. Marsherall -City Apprentice Program Legislation LEG,CC 35 -27. J. Golombek -G. Hopkins- Letter from Cold Spring Taxi -Taxi Rates LEG 36- 28. M. Kearns - Article- Ground Lakeside Roadway Plans W /FRONT 37- 29. M. Kearns - Article -Info Dallas Redevelop Trinity River Flood Plain W /FRONT 38- 30. M. Kearns - Article -Info Congress Transportation Priorites W /FRONT 39- 30A. A. Taylor DOT - Southtowns Connector /Bflo Outer Harbor Southtowns Conn. Phase I W /FRONT 40- 31. M. Kearns -South Buffalo Brownfield Opportunity Area - Stakeholder Interview CD 41- 32. M. Kearns - Letter to Gov Spitzer Regarding Southtowns Connector Project W /FRONT 42- 33. D. Smith -J. Jackson, Request Approval to Sublet Portion of 118 E. Utica to Lakeshore Behavioral Health, Inc. FIN 43- 33A D. Smith - Article Block Club Hosts Emergency Walk on Thompson St ED,BDED PETITIONS 44- 34. J. Collins, Agent, Use 572 Genesee St, Convert Apt to a HSF(EII) LEG,CPBD 45- 35. S. Gehl, Agent, Use 1542 Main St for a HSF Offices on 1 sc Floor 10 Units Affordable Housing(Del)LEG,CPBD RESOLUTIONS 70- 36. Bonifacio CC Support for Freight Rail Infrastructure Capacity Exp Act H.R. 2116 ADOPT 71- 37. Davis Transfer of Funds Common Council APP 72- 37A. Fontana D/C Legislation CCP #81,10/30, #41,10/2, #90,10/16 ADOPT D/C APP November 13 2007 11/13/2007 73- 38. Franczyk Amend Ordinance Chapter 263 Licenses ADOPT 1 ST RES, REM LEG 74- 38A. Franczyk Excuse Councilmember Davis From Meeting ADOPT 75- 39. Russell Budget and Personnel Amendment - Executive -Real Estate APP 76- 40. Smith Homeowner and Bank Protection Act LEG 77- 41. Smith Felicitations /In Memoriam ADOPT 78- 42. Smith Comm of Deeds Public Duties ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETING CIVIL SERVICE 46- 1. Com 15 Oct 30 Appt Assistant Director (Prov)(3r Step (Grzebielucha)(Strat Plan) APP 47- 2. Com 28 Oct 30 Appt Supervisor of St. Sanitation (Prov)(Max)(Hayden)(PW) APP 48- 3. Com 38 Oct 30 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F 49- 4. No 55 Oct 30 Appt Truck Driver, Perm (Inter)(Sanders)(PW)( #29,10/16) APP 50- 5. Com 19 Oct 2 Proposed Creation of an Office of Inspector General (Compt) R &F FINANCE 51- 6. Com 10 Oct 30 Results Neg 70 Kilhoffer(Lov), 435 Ferry (Mas) (Strat Plan) APP 52- 7. Com 11 Oct 30 Response to CM Davis Re:Request to Homestead Monroe St Lot (Ell) (Strat Plan) R &F 53- 8. Com 19 Oct 30 Greenway Concerns, Paving & Curbing on Buffum St (South) R &F 54- 9. No 65 Oct 30 B. Davis -Req to Homestead a Vacant Lot - Monroe St( #59,6/12)( #79,7/10) ( #116,9/04) R &F 55- 10. No 82 Sept 4 B. Davis -G. Tatu- Harvest House Request Exemption from User Fee R &F COMMUNITY DEVELOPMENT 56- 11.No 39 Oct 30 D. Bonifacio- Request Public Content Period Re Peace Bridge Expansion Project be Extended R &F 57- 12. No 41 Oct 30 D. Franczyk -C. Shumer- Concerns FEMA's Revised Flood Plain Map WFRONT 58- 13. No 44 Oct 30 M. Kearns - NYSDOT -Bflo Outer Harbor Access Fuhrman Blvd Project WFRONT 59- 14. No 45 Oct 30 M. Kearns -J. Zappieri- Proposed Southtowns Connector Project WFRONT 60- 15. No 46 Oct 30 M. Kearns -M. Dabney -FEMA Program to Update Flood Ins Maps WFRONT 61- 16. No 50 Oct 30 J. Rozanski -BURA RFP North Buffalo Rail Land R &F 62 -17. Com 19 Sept 4 Results of Neg 3300 Bailey (Univ)(StratPlan) APP LEGISLATION 63-18. No 51 Oct 30 R. Santoro, Agent, Use 2310 Delaware Ave for an Illuminated Pole Sign(No Pub Hrg) APP 64- 19. Com 33 Oct 30 Request to Homestead Vacant Lot Monroe St (Ell) R &F 65-20. Res 126 Oct 30 Oppose FEMA Plan Including Old 1s Ward in Floodplain(exc 1,2,3,4,6 res) CD 66-21. No 74 Oct 30 Bd of Assessment Review App, Temp (Cowart) (Glover)(Assmt) (# 9,10/16- Cowart Only) APP W /COND 67-22. No 82 Oct 30 Food Store License - 117 -119 Colvin(Del)(EDPI) (#53,9/4(#88,9/18)(#89,10/2)(#92,10/16) RECOMMIT 68- 23. No 85 Oct 30 Trailblazing Signage- Maggie Y. Boyd Way( #113, 10/16) RECOMMIT 69- 24.No 91 Oct 16 Food Store License -1892 Seneca(South)(EDPI)( #43,10/2) APP W /COND November 13 2007 11/13/2007 FROM THE MAYOR NO. 1 APPOINTMENT - BOARD OF PARKING Pursuant to Section 18 -35, Section 109 -Q; Local Law 4 of the City Charter, I hereby appoint Aaron B. Siegel, 701 Lafayette Avenue, Buffalo, New York 14222 to serve on the Board of Parking for a 5 year term, commencing immediately and expiring October 31,2012. As President and CEO of Franklin Credit Solutions, Mr. Siegel is responsible for all day - to -day operations, including strategic decision making, obtaining debt and equity financing and all investment management decisions. I hereby certify that Aaron B. Siegel is fully qualified to serve as member of the Board of Parking. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DIVISION OF COLLECTIONS NO. 2 APPOINTMENT - COMMISSION ON CITIZENS' RIGHTS AND COMMUNITY RELATIONS Pursuant to Article XVIII, Section 20 of the Code of the City of Buffalo, I hereby appoint Sherrill W. Colston, 333 Porter Avenue, Buffalo, New York 14216 to serve on the Commission on Citizens' Rights and Community Relations Board for a 3 year term, commencing immediately and expiring October 31, 2010. Mr. Colston is a self - employed entrepreneur with over 42 years of experience. He is currently President and Chief Executive Officer of Colston's Enterprise, Inc., which provides automotive repair services, New York State inspections, snow plowing and used car sales. I hereby certify that Sherrill W. Colston is fully qualified to serve as member of the Commission on Citizens' Rights and Community Relations. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DIVISION OF COLLECTIONS FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD NO. 3 LEAD AGENCY NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON- SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEAR), Article 8 of the New York State Environmental Conservation Law. 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 Location: Improvements to McCarthy Field -NCAA Competition Location 302 -306 East Amherst St Type of Action: Unlisted- Coordinated Description: Medaille College is proposing renovations to McCarthy Park on the property located at 302 -306 East Amherst Street, Buffalo New York. The project will include adding topsoil and resodding the existing soccer fields in order to provide a more level playing surface and an appropriate crown for drainage and better turf surfaces, The baseball field will be slightly shifted and configuring it for NCAA softball. A new 600 Square foot building to house a backflow preventor and to house a portable field sprinkler. The project will be funded privately and cost approximately $577,000. 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 project will provide NCAA quality facilities for use by both Medaille and the surrounding community residents and little leagues. 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: October23 2007 City Clerk City of Buffalo, Economic Development, Permit & Inspection Services City of Buffalo Public Works, Parks & Streets RECEIVED AND FILED NO. 4 LEAD AGENCY: NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON- SIGNIFICANCE November 13 2007 11/13/2007 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 Century City Lofts Location 501 -515 Main Street, 500 and 510 Washington Street Type of Action: Unlisted- Coordinated Description: Signature Development is proposing renovations, reconstruction, and new construction to the properties located at 501 -515 Main Street and 500 and 510 Washington Street, Buffalo New York. Two structures, 501 Main street and 515 Main Street will be renovated, with street level store fronts restored and their commercial spaces upgraded for new tenants. The upper two floors of both buildings will be reconstructed into new apartments. The building located 505 -509 Main Street was once two, three stow structures, only the first floor remains with a wall that once separating the two buildings removed in the 1960's. The street level storefront will be restored and the commercial space upgraded for a new tenant. New construction replacing the upper two floors and be used for apartments. A new three -story building will infill the former Century Theater Lobby to be used for commercial and residential purposes. The balance of the theater site that is currently a surface parking lot will become a new parking ramp providing parking for apartment tenants and replacing the public parking currently accommodated by the existing surface parking lot. The upper two floors of all four development parcels will be interconnected with common corridors serving a total of twenty eight apartment units; the corridors terminate at either end with new code - compliant egress stairs. The existing elevator located in 501 Main street will be retrofitted with new equipment to connect a new, secure grade level pedestrian entrance off the rear Brounk Alley to both floors of apartments. In addition to the development of the Main Street properties, the project will also renovate 500 and 510 Washington Street as stand alone developments. Both buildings will have their street level storefronts restored and their commercial spaces upgraded for new tenants. The second floors of 510 Washington will be reconstructed into new apartments. The project will be funded privately and funding from Erie County Industrial Development Agency and cost approximately $15,000 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 project will provide new commercial space and housing to a neglected block of Main Street in Downtown Buffalo bringing new life to otherwise un- productive area in the City of Buffalo. The identified potential negative impacts appear to be potential madly 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. 5 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON- SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEAR), Article 8 of the New York State Environmental Conservation Law. 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 Michigan Street Baptist Church Location: 511 Michigan Avenue Type of Action: Unlisted - Uncoordinated Description: Foit - Albert Associates on behalf of the Michigan Avenue Baptist Church Redevelopment Team is proposing renovations to the Michigan Avenue Baptist Church on the property located at 511 Michigan Avenue, Buffalo New York. The renovation has been reviewed with No Adverse Impact by the New York State Historic Preservation Office. The existing masonry is in poor condition. There is a significant area of full masonry replacement identified with all other areas not slated for full replacement will be stabilized with stainless steel helical anchors in the mortar joints. The remaining mortar joints will be hand raked and repainted so that the anchors are not visible. At the completion of this project, the church will be painted. The windows will be replaced with new custom wood windows, with security grilles installed at the basement windows. Traditional sash, will be used in all locations with the exception of the main sanctuary and front stained glass windows. The windows will contain true divided lites at the sides, with pivoting top and bottom panels. The stained glass windows at the front of the church are being replicated, rousing as much of the original glazing as practical. The windows will be protected by lexan panels, with appropriate ventilation per the Secretary of Interior Standards for rehabilitation. The front doors will be refinished and the concrete steps will be replaced in -kind. The entry roof, baptistery and a small shed will receive an asphalt, architectural shingle. Also on the shed, new wood beveled siding will be installed. The project is being funded by the City of Buffalo and the State of New York and cost approximately $497,000. As a mutt 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 project will provide much needed required repairs to stabilize and restore a Historic building in the City of Buffalo. The identified potential negative impacts November 13 2007 11/13/2007 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 at 851- 5085. RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING FROM THE COMPTROLLER NO. 6 DIVISION OF REAL ESTATE LEASE OF PORTION OF A CITY -OWNED DRIVEWAY SERVICING 489 ELMWOOD AVENUE ( #12 CCP 10/02/07) The Office of Strategic Planning, Division of Real Estate received a request from 493 F M Elmwood Avenue, LLC for a non- exclusive lease from the City of Buffalo for use of the driveway currently serving the Children's Hospital Parking Garage. Your Honorable Body previously approved an easement grant term sheet for the stretch of driveway, pending a report from the Appraisal Review Board, settling the value of said easement. The Board's Appraisal ($101,800) is factored into the rent calculation in the attached proposed Lease Agreement. I am recommending that Your Honorable Body approve the lease of the property, upon substantially the terms and conditions contained in the attached proposed lease. I am further recommending that Your Honorable Body authorize the Mayor to execute the same. Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning dated November 8, 2007, be received and filed; and That the Director of Real Estate be, and he hereby is authorized to enter into a non - exclusive lease between the City and 493 F M Elmwood Avenue, LLC for use of the driveway currently serving the Children's Hospital Parking Garage, 489 Elmwood Avenue. That the Mayor be authorized to execute the lease attached to the above communication. PASSED AYES - 8 NOES -0 NO. 7 CERTIFIED AND REVISED (NOV 13, 2007) LEASE OF PORTION OF A CITY -OWNED DRIVEWAY SERVICING 489 ELMWOOD AVENUE PRIOR COUNCIL REFERENCE: ( #12 CCP 10/02/07) The Office of Strategic Planning, Division of Real Estate is hereby submitting a clarified and revised proposed Lease in replacement of the version " that was submitted by this office to Your Honorable Body on November 8, 2007.. The clarifications and revisions have been electronically black lined for your ease of reference. As previously stated, this office received a request from 493 F M Elmwood Avenue, LLC for a non - exclusive lease from the City of Buffalo for use of the driveway currently serving the Children's Hospital Parking Garage. Your Honorable Body previously approved an easement grant term sheet for the stretch of driveway, pending a report from the Appraisal Review Board, settling the value Of said easement. " The Board's Appraisal ($101,800) is factored into the rent calculation in the attached clarified and revised proposed Lease. . I am recommending that Your Honorable Body approve the clarified and revised proposed Lease of the property, upon substantially the terms and conditions contained in the attached clarified and revised proposed Lease. I am • further recommending that Your Honorable Body authorize the Mayor to execute the same. Mr. Bonifacio moved That the above communication from the Office of Strategic Planning dated November 13, 2007 be received and filed, and That the Director of Real Estate b; and hereby is authorized to enter into a non - exclusive lease between the City and 493 FM Elmwood , Avenue LLC for use of the driveway currently serving The Children's Hospital Parking Garage, 489 Elmwood Avenue. That the Mayor be Authorized to execute the lease attached to the above communication embodying the changes made from item # 6 filed herewith PASSED AYES - 8 NOES -0 NO. 8 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS CITY CLERK - COMMON COUNCIL - LEGISLATIVE We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that it is necessary that the sum of $16,000 be transferred and reappropriated from the City Clerk, as set forth below: From: City Clerk 10220006 - 434000 Other Contractual Services $16,000 To: City Clerk Personal Services $16,000 10220001 — 412002 Hourly Salary Dated: Buffalo, NY, October 2, 2007 RECEIVED AND FILED a:l6]Lrilr 9:I 1.1-111610114 ZKOI 0krilel kiIeCc3 MI Lril4 01191 LI1767:7LriFA I [6101IFV �I 9 Q4.1 November 13 2007 11/13/2007 NO. 9 CERTIFICATE OF APPOINTMENT Appointment Effective: November 13, 2007 in the Department of MIS to the position of Special Assistant to the Chief Information Officer, Provisional pending Exempt appointment at the flat Starting Salary of $30,232 Jason Amos, 63 Huntley, Buffalo, NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 10 CHANGE IN CONTRACT FIRE DISPATCH OFFICE BOILER REPLACEMENT JOB #0701 ELLICOTT DISTRICT hereby submit to Your Honorable Body the following changes for the Fire Dispatch Office, Boiler Replacement, D. V. Brown & Associates, Inc., C #93000029. 1. To replace existing undersized breaching. The present breaching (15 ") was sized for the old power boilers power burners. The new boilers are atmospheric and have a requirement of 18" breaching for flue tie in. Add $7,932.00 The foregoing change results in a net increase in the contract of Seven Thousand Nine Hundred Thirty Two and 00/100 Dollars ($7,932.00). 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 39320406 445100 - Division of Buildings. Summary Current Contract Amount $101,683.00 Amount of the Change Order #2 Add $ 7,932.00 Revised Contract Amount $109,615.00 Costs have been reviewed by the Department of Public Works, Parks and Streets and were found to be fair and equitable. Funds for this work are available in 39320406 445100- Division of Buildings Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated October 26, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets be, and hehereby is authorized to issue change order No. 2, to D. V. Brown & Associates, Inc., an increase in the amount of $7,932.00, as more fully described in the above communication, for work relating to Job No. 0701, Fire Dispatch Office, Boiler Replacement, C #93000029. Funds for this project are available in 39320406 445100 - Division of Buildings. PASSED AYES - 8 NOES -0 NO. 11 INCREASE IN CONTRACT MILK PARK SITE IMPROVEMENTS GENERAL CONTRACT NO. 93000026 (MASTEN) Additional work was required during construction activities on this contract, costs for this work are as follows: ADD Electrical Conduit, Handhold Box & Restoration $12,740.00 Greenhouse Chainlink Fence $ 400.00 Shelter House Roof Repairs $ 400.00 TOTAL $ 13,540.00 SUMMARY: Existing Contract Amount $ 363,896.13 This Increase $ 13,540.00 New Contract Amount $ 377,436.13 The City's Engineering Consultant and the Project Manager have reviewed and recommended these changes and costs. Funds are available in Account 30311406-445100. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to issue a change order to Louis Del Prince & Sons, Inc. as outlined above. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated November 5, 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 Louis Del Prince & Sons, Inc., an increase in the amount of $13,540.00, as more fully described in the above communication, for work relating to MLK Park Site Improvements, Contract No. 93000025. Funds for this project are available in Account 30311406-445100. PASSED AYES - 8 NOES -0 NO. 12 REPORT OF BIDS CITY HALL FIRE ALARM EMERGENCY RECONSTRUCTION 12 12'/2 13 FLOORS JOB # 762 November 13 2007 11/13/2007 ELLICOTT DISTRICT The existing fire alarm system on the 12 12Y2 13 floors has failed several times and has been difficult to repair. While the existing system is now working, we have no confidence that it will not break down again and the manufacturer no longer makes the component parts. Therefore, future repairs would be impossible. A working and dependable fire alarm system is a life safety requirement. The Commissioner of Public Works, Parks & Streets has declared an emergency and is entering into an agreement with Simplex Grinnell to reconstruct the fire alarm system. Simplex Grinnell $46,725.00 6850 Main St., Williamsville, NY Funds for the work are available in 30320406 445100 - Division of Buildings. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated November 1, 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 City Hall Fire Alarm, Emergency Reconstruction on the 12, 12 Y2, 13 Floors, to Simplex Grinnell, in the amount of $46,725.00. Funds for the project are available in 30320406 445100 - Division of Buildings. PASSED AYES — 8 NOES — 0 NO. 13 REPORT OF BIDS COLONEL WARD CRANE EMERGENCY REHABILITATION ELLICOTT Plans and specifications were prepared and sealed proposals accepted for the Colonel Ward Crane Emergency Rehabilitation Project. I hereby submit the following report of bids which were received and opened in my office at ii:00 a.m. on November 2, 2007. Simmers Crane Design & Services 171 Cooper Ave., Suite 112 Tonawanda, NY 14150 Armor Electric Motor & Crane Services, Inc. 224 Elk Street Buffalo, NY 14210 1 certify that foregoing is a true and correct statement of all bids received and that Simmers Crane Design & Services is the lowest responsible bidder complying with the plans and specifications. I respectfully request that your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to enter into a contract with Simmers Crane Design & Services for the cost thereof to be charged to the Division of Water account 53210726 445100 in the amount of $98,292.90. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated November 7, 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 Colonel Ward Crane Emergency Rehabilitation Project, to Simmers Crane Design & Services, the lowest responsible bidder, in the amount of $98,292.90. Funds for the project. are available in the Division of Water account 53210726 445100. PASSED AYES - 8 NOES -0 NO. 14 REPORT OF BIDS SHEA'S PERFORMING ARTS CENTER HEATING /COOLING, PHASE 3 JOB #0753 ELLICOTT DISTRICT I advertised for on September 26, 2007 and received the following formal sealed bids for Shea's Performing Arts Center, Heating /Cooling, Phase 3, which were publicly opened and read on October 22, 2007. John W. Danforth Co $ 297,700.00. 300 Colvin Woods Pkwy. Tonawanda, NY 14150 D. V. Brown & Associates No Bid Hoot Mechanical & Electrical No Bid O'Connell Electric Co. No Bid O'Connor Mechanical Corp. No Bid I hereby certify that the foregoing is a true and correct statement of all bids received and that John W. Danforth Co., with a bid of Two Hundred Ninety Seven Thousand Seven Hundred and 001100 Dollars ($297,700.00), is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funds for this project are available in 31660006 445100, Buildings. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated November 5, 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 Shea's Performing Arts Center, Heating /Cooling, Phase 3, to John W. Danforth Co., the lowest responsible bidder, in the amount of $297,700.00. Funds for the project are available in the 31660006 445100, Buildings. November 13 2007 11/13/2007 PASSED AYES - 8 NOES — 0 NO. 15 PERMISSION TO RETAIN CONSULTANT CITYWIDE TREE MANAGEMENT (CITYWIDE) Permission is requested from your Honorable Body to hire a consultant for design and construction administration services related to citywide tree management and improvement projects. Costs for this work are not expected to exceed $250,000.and funds are available in Account 13111007-471010. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF POLICE NO.16 CHANGE OF STATUS CERTIFICATE OF APPOINTMENT Appointment Effective October 12, 2007 in the Department of Police Division of Commissioner's Office to the Position of Police Captain, Permanent, Promotion, at the Flat starting salary of $75,223 Harold M. McLellan, 49 Division St, No. Tonawanda 14120 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO.17 CERTIFICATE OF APPOINTMENT Appointment Effective October 2, 2007 in the Department of Police Division of Patrol to the Position of Police Captain Contingent Permanent, Promotion, at the Flat starting salary of $75,223 Michael J. McCarthy, 745 Bennett Rd, Angola 14006 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 18 CERTIFICATE OF APPOINTMENT Appointment Effective October 2, 2007 in the Department of Police Division of Patrol to the Position of Police Lieutenant Contingent Permanent, Promotion, at the Flat Starting Salary of $66,315 James W. Panus, 296 Weatbrook Drive, Cheektowaga 14225 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 19 CERTIFICATE OF APPOINTMENT CHANGE OF STATUS ONLY Appointment Effective October 2, 2007 in the Department of Police Division of Patrol to the Position of Detective Permanent, Promotion, at the Flat Starting salary of $59,909 Leo McGrath, 11420 Renee Court, Marilla 14102 Michael G. Keane, 94 South Transit Hill Drive, Depew 14043 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 20 CERTIFICATE OF APPOINTMENT Appointment Effective October 2, 2007 In the Department of Police Division of Patrol to the Position of Detective Promotion at the Flat Starting Salary of $59,909 Nicholas A. Mourgas, 7325 Ward Rd., Wheatfield 14120 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 21 UTILIZING THE BUFFALO SPECIAL POLICE TO ASSIST WITH QUALITY OF LIFE PROBLEMS RES. #103 CCP 9/18/07 Thank you for inviting our Department's comments on the above - referenced Resolution. Please be advised that consideration of an endorsement of the Buffalo Special Police by the Buffalo Police Department will be revisited at such time the following issues of concern are rectified: 1. Buffalo Special Police members are claiming peace officer status, as well as offering classes to obtain peace officer status at a cost of one thousand dollars ($1,000.00), when certification can only be attained through DCJS as per the Penal Law of the State of New York. 2. By way of our April 4, 2007 correspondence to the Council, we provided a copy of the Certificate of Liability Insurance provided by the Buffalo Special Police which complied with Section 13 -20(g) of the Buffalo City Charter. However, we further advised that pursuant to our January 30, 2007 (inadvertently referenced as January 31, 2007) correspondence, the Buffalo Special Police should be required to execute an indemnification clause. To date, we have not received the executed indemnification clause, a copy of which is enclosed, as well as the aforementioned correspondence, for your convenience. 3. The Buffalo Special Police uniform presents too much like the Department's uniform, and is thus deceptive. November 13 2007 11/13/2007 4. The Buffalo Special Police have engaged in the enforcement of activities beyond their scope, i.e. conducting searches and detaining people without just cause or due process. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE CORPORATION COUNSEL NO 22 CONTRACT FOR DESIGN AND IMPLEMENTATION OF OFFICE - WIDE RECORDS MANAGEMENT SOLUTION Attached is a proposed contract with Iron Mountain Information Management, Inc. for the design and installation of an Office -Wide Records Management System within the Department of Law. The contract is for a fixed price of Forty -Seven Thousand Three Hundred and Fifty Dollars ($47,350.00) and was the lowest responsible bid received in response to the RFP process on September 5, 2007. The contract includes the following services: (1) packing documents into safe and secure cartons, which accurately describe the records and categorize documents into eight transactional divisions within the Law Department, (2) individually indexing each litigation case file within the Law Department's front office /case management system and (3) establishing procedures to manage the records on a "going forward" basis. The expenditures contemplated by the proposed contract will be funded with NYS Aid Incentive to Municipalities (Efficiency Grant) funds (24310556 450000) should this contract be approved by your Honorable Body. Mr. Bonifacio moved That the above communication from the Corporation Counsel dated November 8, 2007, be received and filed; and That the Corporation Counsel be, and she hereby is authorized to enter into a contract between the City and Iron Mountain Information Management, Inc., the lowest responsible bidder, for the design and installation of an Office -Wide Records Management System within the Department of Law, for a fixed price of $47,350.00. The contract will be funded with NYS Aid Incentive to Municipalities (Efficiency Grant) funds (24310556 450000). COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW PASSED AYES — 8 NOES - 0 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 23 FOOD STORE LICENSE 137 MAPLE (ELLICOTT) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 137 Maple (City Wide Food Market) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION No. 24 LODGING HOUSE AGENT LICENSE On February 20, 2007, the Common Council passed Item #80 a City ordinance amending Chapter §269, Lodging House License. The law requires that each lodging house have a licensed lodging house agent that must live on the property. In accordance with this Ordinance on May 25, 2007 121 letters were sent to every licensed lodging house owner informing him /her that this requirement had to be met by August 1, 2007. On August 13, 2007 another letter was sent to the owners giving them an additional 30 days to comply. As of this date, the nineteen- (19) lodging house owners who failed to comply with this ordinance have been sent letters suspending their Lodging House License. Additional enforcement action is planned if necessary. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF EDPI AND THE CORPORATION COUNSEL NO. 26 RESTAURANT DANCE CLASS III 1412 KENSINGTON (UNIVERSITY) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Restaurant Dance Class HI License located at 1412 Kensington and find that as to form is correct. I have caused an investigation into the premises for which said application for a Restaurant Dance Class III license is being sought and according to the attached reports from the Zoning Office (see Certificate of Compliance), Fire Department and Building Inspections (see Certificate of Compliance), I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Irene Y. Melson. The attached thereto for Irene Y. Melson dib /a Cocktails & More. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO. 26 DISPOSAL OF VEHICLES THE DIVISION OF PURCHASE WOULD LIKE TO REQUEST PERMISSION TO DISPOSE OF BY MEANS OF AUCTION OR SCRAP THE FOLLOWING VEHICLES: November 13 2007 11/13/2007 F -142 1987 CHEVY PICKUP FROM FIRE DEPARTMENT HR -07 -CC 1992 FORD SUBN FROM CITY CLERKS OFFICE BOTH VEHICLES ARE UNREPAIRABLE. Mr. Bonifacio moved: That the above communication from the Department of Administration, Finance, Purchase Division dated November 5, 2007, be received and filed; and That the Director of Purchase be, and she hereby is authorized to dispose of the above listed vehicles by means of auction or scrap PASSED AYES - 8 NOES -0 FROM THE CITY CLERK NO. 27 REQUEST PURCHASE OF VAN FOR RECORD CENTER The van used by our Records Retention Center was not able to pass inspection. There were numerous problems with it, and Tom Laudico who services the City fleet recommended that the vehicle be taken out of service due to its dangerous condition. I am asking the Council's permission to purchase a new vehicle to be used to transport our records between City Hail and the Record Center. We have money available in the City Clerk capital projects line. I have contacted Kathy Fitzpatrick in purchase and we could purchase a new vehicle under the state contract for approximately $15,000. This will not be a take home vehicle, and will be stored at our records center with the appropriate city seal attached. Mr. Bonifacio moved: That the above communication from the City Clerk dated November 9, 2007, be received and filed; and That the City Clerk and the Director of Purchase be, and they hereby are authorized to purchase a new vehicle under the state contract for $15,000.00. That the acceptance of the donation of this vehicle is approved contingent on, that concurrent with it's 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 the exceptions thereto granted by this Common Council, and that the replaced vehicles be removed from City service and disposed of in the best interests of the City. PASSED AYES - 8 NOES — 0 NO. 28 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 600 East North St Joseph A Cartier RECEIVED AND FILED NO. 29 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE CERTIFICATE OF APPOINTMENT Appointment Effective November 12, 2007 in the Department of Public Works, Parks & Streets Division of Water to the Position of Chemist Provisional, Appointment at the Starting salary of $35,398 Shawndre L. Horne, 159 Chester St., Buffalo 14208 CERTIFICATE OF APPOINTMENT Appointment Effective November 5, 2007 in the Department of Assessment and Taxation to the Position of Assessor — Temporary, Open Competitive, Minimum, Starting salary of $40,670 Moses Robinson, Jr. 479 Wyoming Ave, Buffalo 14215 Certificate of Appointment Appointment Effective November 7, 2007 in the Department of Assessment and Taxation to the Position of Real Property Appraiser — Temporary Open- Competitive, Minimum Starting Salary of $ 37,852 Jeremy D. Martz, 95 Kimberly Ave, Buffalo 14220 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 30 LP CIMINELLI -BOARD PACKET DOCUMENTS Attached are the following documents from the Joint Schools Construction Board meeting scheduled on November 5, 2007: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated October 1, 2007 3. Fully Executed Phase 11 Application and Certificate for Payment No. 36 - September 2007 4. Phase 11 Application and Certificate for Payment No. 37- October 2007 5. Fully Executed Phase III Application and Certificate for Payment No. 6 - September 2007 6. Phase III Application and Certificate for Payment No. 7 - October 2007 7. Program Packaging and Development Services (PPDS) Provider Update 8. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance November 13 2007 11/13/2007 Services Monthly Report for Addendum 1 Phase II Project - September 2007 9. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase III Project - September 2007 10. Buffalo Niagara JOBS Initiative Update RECEIVED AND FILED NO. 31 B. DAVIS LEGAL OPINION ON PROPOSED 175 S. DIVISION PUBLIC PARKING FACILITY Please file the attached item for further discussion at the next Common Council session to be held November 13, 2007. Thank you in advance for your assistance with this matter. Re: 175 South Division St. Dear Mr. Savage: It is my understanding that you have been assigned the matters concerning zoning compliance, and site plan approval for Ellicott Development's attempt to convert 175 South Division Street to a public parking facility. I previously submitted a letter to the planning board dated September 24, 2007 which outlines the existent R -3 zoning covering the property, and that the R -3 zoning precludes the use of the land as a "parking lot." I also set forth that the zoning requirements do not allow for a non - conforming parking lot use to be considered an "accessory use" wherein the principal use is not located on the same parcel. As you may be aware, the applicant in the matter pending before the Planning Board is a private for - profit entity who has made claim that the zoning of the City of Buffalo somehow does not apply wherein his initial tenant maybe a governmental entity. I have found no law supporting such the broad theory that a County agency's prospective tenancy removes the lawful restrictions of zoning on property placed by a municipality. Our state, through General City Law Section 20 subdivisions 24 and 25, makes zoning of land usage, and the permissible size and dimensions of such usage, the responsibility of City government. The limitation on the general delegation of such power to cities arises where the imposition of the land use regulations unduly interferes with the performance of a fundamental purpose of a special purpose corporation, such as an "authority ". The seminal case on the balancing of governmental interests is the Matter of County of Monroe's Compliance, 72 N.Y. 2d 338. Here ECC has not argued that the surrounding zoning around the ECC campus interferes with their ability to carry out their chartered duties. I believe the record before the Planning Board, and City records amply support that there is an abundance, and in fact too much surface parking, in the vicinity of the school already. Both the district councilman, and the neighbors spoke at length on this condition, and ECC has not disputed the fact Subsequent to Monroe County, in Huerta v New York City Transit Authority, 298. A.D.2d 33 (2001), and Levy v City Commission on Human Rights, 85 N.Y. 2d 740 (1995) the applicability of municipal ordinances were found to apply to transit authorizations, over the authority's vigorous protests, wherein they did not prevent the authority from carrying out their chartered purposes. In Huerta, city building code was found applicable to the operations of the transit authority, over the authority's protestation that they were not subject to the regulatory safety standards promulgated by the city. A review of the contract amendment submitted by the applicant in the matter before the Planning Board does not support the theory that the County educational institution is submitting that it needs to disregard the City's zoning ordinances to carry out their corporate functions. In fact the Contract Addendum dated October 22, 2007 case of the county has not submitted the land owner's activities should be exempt from the local zoning ordinances in fact to provides to the contrary where it sets out: The property owner shall construct such improvements upon such property in accordance with the plans and specifications approved by ECC and any and all applicable state and local building codes, ordinances, or other specifications required for use of such property for parking purposes. (Emphasis added) See Contract Addendum para. 6. Here, the local "ordinances" just do not allow the "use of such property for parking purposes ", and a variance or zoning change is necessary to make such land use lawful. ECC has simply not even attempted to hold out that this particular plot is "necessary" to become parking in order for ECC to survive and fulfill its educational purposes. In fact it does not appear that they have sought to take ownership of the parcel, but rather have offered to enter into a contract with the owner on a lease terminable on sixty days notice, if the private party landlord can develop the land as a parking lot. It is respectfully submitted that unless a zoning change, or variance, is first obtained the prospective landlord may not lawfully develop the land as a parking lot, and the Planning Board cannot lawfully approve the site plan for an illegal land usage. If you have any further questions on this matter please do not hesitate to call me. RECEIVED AND FILED NO. 32 B. DAVIS -LEGAL RENAISSANCE GROUP REBUTTAL TO DPW REPORT ON TRAFFIC REDIRECTION FOR W. CHIPPEWA Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council session to be held November 13, 2007. Thank you in advance for your assistance with this matter. Sincerely, Brian C. Davis Item available for review in The City Clerk's office REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 33 C. ESTEREICHER -INFO CHINA'S CHEVY AUTO CO Dear Ms. Baldwin: November 13 2007 11/13/2007 Thank you for the September 25, 2007 correspondence with Dr. Dieter Zetsche, Chairman of Daimler AG. Your letter has been forwarded to Chrysler LLC, and I have been asked to respond to The Common Council of the City of Buffalo's thoughts on our business relationship with China's Chevy Automobile Company. Our recent partnership announcement reflects the realities of a global industry and our need to remain competitive in all segments. The partnership allows Chrysler to bring a low- margin subcompact car to market fast and meet targets for low cost and high quality manufacturing. Cherly has already adopted some of the most state -of -the art manufacturing and product development processes and is well on its way to becoming a world -class automaker. We, as one of the world's foremost technology and safety engineering companies, will work closely with Cheryl until we're satisfied these new vehicles meet safety, quality and emissions standards in markets where they're sold. It's generally understood that the only way to compete in the ultra - price- sensitive subcompact market requires the most low -cost manufacturing base. These vehicles represent an entirely new product category for the Chrysler Motors Group and do not replace any current vehicle or manufacturing plant. Additionally, Chrysler is not the only manufacturer to form such a partnership to bring these vehicles to market. Thank you again for sharing the Council's resolution. The comments have been documented. RECEIVED AND FILED NO. 34 CITY APPRENTICE PROGRAM LEGISLATION Dear Mr. Fontana, It has been 3 months since I spoke to the council regarding the Apprentice Program legislation for the City of Buffalo. At this time it appears that the council has still not addressed this issue. With the busy bidding season only months away, it is hard to understand why your group appears to not want to redefine this legislation. In its current form, the law could be interpreted to not be in the best interests of your constituents. As it is now, the law makes it more difficult for the Public Works Department to get work accomplished as it greatly limits the pool of contractors eligible to bid. This again will naturally cause the price of the work to increase, increase delays in getting the work done and affect the quality of the eventual product. This can be confirmed through Mike Zeta, Senior Engineer in Public Works. Since I addressed the council in July, New York State has made changes to its apprenticeship program putting a freeze on addressing any new applications for companies trying to establish their own program. Based on this, our company is totally shut out of bidding to the City as we now can't start an apprenticeship program even if we wanted to. How can this be fair? Our country was built on the premise of free enterprise and open competition. The current apprenticeship legislation has stymied that spirit. As I also discussed, with the type of work our company performs for the city, the requirement of the current apprenticeship legislation will not be effective in training residents of the city. If this training is the real intent of the city, there are better ways to accomplish it. Again, I ask you to reconsider this legislation and do what would be in the best interest of the entire city and all it residents. Please feel free to contact me to discuss further @ 583 -2329. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL NO. 35 J. GOLOMBEK LETTER FROM COLD SPRING TAXI - TAXI RATES Dear Mr. Chwalinski: Please file the attached letter from Gregory Hopkins, owner of Cold Spring Taxi, regarding how taxi rates are displayed and charged to customers. Please file the item for further discussion at the next Common Council session. Thank you for your attention to this matter. Enclosure Dear Councilmembers: My name is Gregory Hopkins from Cold Spring Taxi. I am writing you this letter to inform you of a problem that I see with a decision that was unanimously decided in July of 2006 about taxi cabs, how we display our rates and how we charge our customers. As of rates, one company rallied other companies that they do business with, and some independents to approach you about taxi prices and the rates that we all should follow and not veer from in the city of buffalo. As of yet, this does not exist. These displays and rates have personally affected my business and my competitors have gone on with their business as usual in their company. The difference in our business was that I displayed a lesser rate and charged that rate to ALL my customers with no discrimination at all, rather be a contract with the county or any other client I had. My competitors would have you believe that all taxi companies roll down the same track by having the same customers, clients, contracts and the same volume of calls, but we don't- All taxi companies don't follow the same prospects or roll down the same track. I have asked this question numerous times and as of yet still have no answer. [ feel that the laws that you are governed under should serve as a guideline to help businesses in your community and not confuse them in the same token. Please help me to understand the new roles of my business that I serve in. I was told that all taxi companies in this city are to charge and display the same rata unless certified as a senior citizen, which is entitled to a 10% discount. If that is the ease, then why are their hidden prices in my competitor's contracted and government accounts? What is the difference between a contract, corporate and government rate? Also, if all the rates are to be displayed and charged the same to every customer than how can my competition get away with their business as usual tactics of giving discounted rates as they see fit to their preferred customers that should have been affected after this law was passed. I feel that if you made the law that all companies should display and charge the same rate, then you should as our price makers make sure that you have a law and proceedings to govern govern all city, county, state, private and Corporate contracts. This action needs to be confirmed and proof shown that no discounts of any kind are to be given in a taxicab industry in this city. If no discounts are to be given, than no taxicab that rides a person should have their meter off at ay time or flat rate. If that happens, a penalty should be given to that driver from the city of buffalo November 13 2007 11/13/2007 In reading the new city of buffalo ordinance, it does not give a clear definition of charging the maximum rate which is offered from the city. It also does not state that all companies have to charge the same rate. Since this is not in the ordinance and the buffalo police are upholding a law that has many grey areas, my question to you is can my company charge a lesser rate than what is offered from the city and if so how do we comply with the local government in order to do so? If not, how are you currently governing other companies for charging discounted rates? Please stand behind the laws that govern the taxicab industry and give me and those who work with me some understanding of this law that has been passed and some closure to the segregated cab fairs in the city of buffalo. Also, please support and attend our taxicab meetings and inform us with your findings on this matter. Sincerely, REFERRED TO THE COMMITTEE ON LEGISLATION NO. 36 M KEARNS - M. KEARNS- ARTICLE GROUND LAKSIDE ROADWAY PLANS SOUTHTOWNS CONNECTOR - VARIOUS INFORMATION I would like to file the attached information for the next Common Council meeting to be held on November 13, 2007. Thank you. Article available for review in The City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT NO. 37 MEMORANDUM M. KEARNS INFO DALLAS REDEVELOP TRINITY RIVER FLOOD PLAIN SOUTHTOWNS CONNECTOR - VARIOUS INFORMATION I would like to file the attached information for the next Common Council meeting to be held on November 13, 2007. Thank you. Article available for review in The City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT NO. 38 M. KEARNS- ARTICLE —INFO CONGRESS TRANSPORTATION PRIORITIES SOUTHTOWNS CONNECTOR - VARIOUS INFORMATION I would like to file the attached information for the next Common Council meeting to be held on November 13, 2007. Thank you. Article available for Review in The City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT NO. 39 A. TAYLOR- SOUTHTOWNS CONNECTOR/BUFFALO OUTER HARBOR SOUTHTOWNS CONNECTOR, PHASE I Dear Councilman Franczyk and Councilman Kearns: I am responding on behalf of the Governor to your letter concerning the selection of the Modified Improvement Alternative as the preferred alternative for the subject project. Be assured, the Department of Transportation shares the City of Buffalo's goals of improving access to the Buffalo Outer Harbor. The Modified Improvement alternative meets the established project objectives and will provide for a more accessible, inviting, and vibrant waterfront. A project this large may never garner unanimous support and the Department appreciates and welcomes your input. The Department looks forward to meeting with you and your fellow Council members. If you have any questions regarding this project, please feel free to contact me at (716) 847 -3238 or Darrell Kaminski, Regional Design Engineer, at (716) 847 -3214. Very truly yours, REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT NO. 40 MEMORANDUM M. KEARNS SOUTH BUFFALO BROWNFIELD OPPORTUNITY AREA - STAKEHOLDER INTERVIEW I would like to file the attached information for the next Common Council meeting to be held on November 13, 2007. The City of Buffalo has been awarded a significant grant through the New York State Department of State (NYSDOS) Brownfield Opportunity Area Program to conduct a Nomination Study for the South Buffalo Brownfield Opportunity Area (BOA). The Nomination Study will be an in -depth analysis and masterplan for approximately 1,800 acres of strategically located, but largely underutilized land in South Buffalo (proximate to the Lake Erie waterfront, the Buffalo River and along major transportation infrastructure including New York State Route 5). The South Buffalo BOA is a project that is crucial to the renaissance of Buffalo, and important for charting the reclamation and redevelopment of these valuable lands. The City of Buffalo has retained the expertise of environmental, land use, and economic consultants to formulate the South Buffalo BOA Step 2 Nomination Document in consultation with municipal staff, elected officials, local, state and federal agencies, and non- governmental stakeholders including community organizations, landowners and developers. The process will include extensive community involvement intended to solicit feedback and participation from the community. The study process is anticipated to run from November 2007 until March 2009. November 13 2007 11/13/2007 As a first step in the South Buffalo BOA process, Urban Strategies Inc., the lead consultant along with the local firm of URS, will undertake a series of stakeholder interviews with various members of the community, and we invite you to participate in this process on: November 2, 20071 9:OOam at 920 City Hall. The interview will last for approximately 45 minutes. The consultant team will have on hand maps and plans of Buffalo and the study area; however, participants are encouraged to bring and leave any materials which they would like the project team to have, or which represent ideas or concepts they wish to convey. The intent of the Stakeholder Interviews is to: • Inform community members about the study process, goals and timeline; • Review the unique geography and attributes of the study area; • Discuss and record community member views on the South Buffalo BOA initiative, including policy and development concerns, issues and opportunities which community members feel are important to address; • Identify potential community improvement projects and initiatives which would benefit the community; and, • Outline next steps in the process, including additional opportunities for participation and consultation. Please confirm your attendance at the stakeholder interview with John Fell Qfell @city- buffalo.com or 716 - 851 - 4533), Project Manager, by October 17, 2007. If you are not personally able to attend, please notify John as to who your representative will be including their contact information. The stakeholder interviews are scheduled tightly, and we highly appreciate your prompt arrival for the interview. I hope that you will participate in this very important event. The project team and myself look forward to working with, you on this exciting and challenging project. Thank you for your cooperation and assistance. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 41 M. KEARNS - MEMORANDUM LETTER TO GOV SPITZER RE SOUTHTOWNS CONNECTOR - VARIOUS INFORMATION I would like to file the attached information for the next Common Council meeting to be held on November 13, 2007. Thank you. Dear Governor Spitzer: Last month, City of Buffalo Common Council President David A. Franczyk and I wrote you a letter regarding the Southtowns Connector project and requested that you review its alternatives, allow us to present our concerns to you and, most importantly, direct New York State Department of Transportation (NYSIX)T) Commissioner Astrld Glynn to refrain from letting bids on the "Modified Alternative" plan in November. To date, our concerns, and those of our community, are mounting and we have not yet received a response from you. The "Modified Alternative" plan will maintain and reinforce harriers to public access of Buffalo's waterfront and stifle use and development there for decades. The official comment period on this project occurred during the Pataki Administration, before you were elected Governor and before Commissioner Glynn left the Romney Administration in Massachusetts. There was almost no public debate generated because the project was presented quietly. Plans were, and continue to be, poorly understood by the community. As details have gradually emerged in recent months, it is clear that few people realized that the Southtowns Connector project would maintain and add new connecting infrastructure to an adjacent embanked section of Route 5, which serves as a S- mile wall along our waterfront. Furthermore, local reaction to the NYSDOT's preferred plan has been overwhelmingly negative. The Buffalo Common Council and the Village of Hamburg Board voted unanimously in support of the "Boulevard Alternative," which was included in the EIS— but not chosen. In addition, a Waterfront Coalition of fourteen well- informed and respected community groups has formed and voiced its full support of the same alternative. " Moreover, we were distressed to hear NYSDOT Commissioner Glynn proclaim earlier this month, in an October 20m Buffalo News article that "the time for debate is over." We ask you respectfully, but with true concern: Why is an appointed administrator telling elected officials in Buffalo and the citizens they represent when it is time to express our opinions and champion causes in which we believe? You, Mr. Governor, have the power to halt this dreadful project and take advantage of the opportunity you deserve to review this matter, reply to our request and make a long- lasting difference for the people of the City of Buffalo. However, R seems that Commissioner Glynn values staying on schedule with a plan prepared under the failed thinking of the Pataki Administration above what is in the best interest of Buffalo and its residents. Your "Day One" campaign agenda demonstrated your progressive visions and understanding of cities. You have always fought tough battles for the good of the people you represent. You have the opportunity to demand excellence from the DOT- a state -of- the -art transportation design, one which will support glorious park space and valuable city neighborhoods for years to come. Furthermore, you made history by being the first Governor of New York State to visit our Common Council Chambers and address our Body, regarding the Peace Bridge. We listened to you and trusted you that day. We urge you to make history again, and listen to and trust us. Buffalo needs you to make the right decision, Mr. Governor. Please pause on the Southtowns Connector project so that an amended "Boulevard Alternative" may be considered, R will undoubtedly pave the way to a positive future for Buffalo. We stand ready to serve as your partner in making Buffalo one of America's most successful cities again. We thank you for your consideration and look forward to hearing from you. REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT NO. 42 J. JACKSON - SUBLET PORTION 118 E. UTICA Dear Masten District Councilmember Smith: Friends to the Elderly Youth and Family Center, Inc., "Friends, Inc." is hereby requesting approval by the Common Council to sublet a portion of our facility to Lakeshore Behavioral Health, Inc. We recognize the longstanding success of this Not - for - Profit Company, its impact and holistic synergies this relationship brings to our agency and our community. This request is pursuant to the provision 10 of our lease approval. We thank you for advocating this req approval. Sincerely, November 13 2007 11/13/2007 REFERRED TO THE COMMITTEE ON FINANCE NO. 43 D. SMITH - EMERGENCY WALK THOMPSON ST Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council session to be held November 13, 2007. 1 am also requesting that this item be referred to the Education Committee for further review. REFERRED TO THE COMMITTEE ON EDUCATION AND THE BOARD OF EDUCATION PETITIONS NO. 44 JEAN COLLINS, AGENT, USE 572 GENESEE STREET TO CONVERT AN APARTMENT BLDG TO A HUMAN SERVICE FACILITY (ELL) ( NO PUB HRG) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 45 SCOTT GEHL, AGENT, USE 1542 MAIN STREET, OFFICES ON 1 ST FLOOR, HOUSING ON 2 ND AND 3 RD FLOOR (DEL) ( NO PUB HRG) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 46 APPT ASSISTANT DIRECTOR (PROV)(3 STE P)(GRZBIELUC HA) (STRAT PLAN CCP# 15, 10/30 That Communication 15 of Oct 30, 2007 be received and Filed and that the Provisional appointment of Pamela Grzbielucha Stated above at the salary of $46,134 is hereby approved. PASSED AYES — 8 NOES - 0 NO. 47 APPT SUPERVISOR OF STREET SANITATION (PROV)(MAX)(HAYDEN)(PW) CCP# 28, 10/30 That Communication 28 of Oct 30, 2007 be received and Filed and that the Provisional appointment of Michael Hayden Stated above at the salary of $34,311 is hereby approved. PASSED AYES —8 NOES - 0 NO. 48 NOTICES OF APPOINTMENTS, TEMP, PROV, PERM CCP# 38,10/30 That the above item be the same and hereby is Received and Filed ADOPTED NO. 49 APPT TRUCK DRIVER PERM (INTER)(SAN DIE RS)(PW)( #29,10/16) CCP# 55, 10/30 That Communication 55 of Oct 30, 2007 be received and Filed and that the Permanent appointment of Danny Sanders Stated above at the salary of $29,216 is hereby approved. PASSED AYES -8 NOES - 0 NO. 50 PROPOSED CREATION OF AN OFFICE OF INSPECTOR GENERAL (COMPT) CCP #19,10/2 That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (BRIAN C. DAVIS, CHAIRMAN) NO. 51 RESULTS OF NEGOTIATIONS - 70 KILHOFFER STREET (ITEM NO. 10, C.C.P., OCT. 30, 2007) That the offer from Ms. Ernestine Foster, residing at 412 Emslie Street, in the sum of three thousand dollars ($3,000.00) for the purchase of 70 Kilhoffer Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and November 13 2007 11/13/2007 That the Office of Strategic Planning 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 - 8 NOES -0 NO. 52 RESPONSE TO CM DAVIS RE REQUEST TO HOMESTEAD MONROE ST LOT (ELL) (STRAT PLAN) CCP #11,10/30 That the above item be the same and hereby is Received and Filed ADOPTED NO. 53 GREENWAY CONCERNS, PAVING & CURBING ON BUFFUM ST(SOUTH)(PW) CCP #19,10/30 That the above item be the same and hereby is Received and Filed ADOPTED NO. 54 B. DAVIS -REQ TO HOMESTEAD A VACANT LOT - MONROE ST ( #59,6/12)( #79,7/10)( #116,9/4) CCP #65,10/30 That the above item be the same and hereby is Received and Filed ADOPTED NO. 66 B. DAVIS -G. TATU- HARVEST HOUSE REQUEST EXEMPTION FROM USER FEE CCP #82, 9/4 That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRMAN) NO. 56 D. BONIFACIO- REQUEST PUBLIC CONTENT PERIOD RE PEACE BRIDGE EXPANSION PROJECT BE EXTENDED CCP #39, 10/30 That the above item be the same and hereby is Received and Filed ADOPTED NO. 57 D. FRANCZYK -C. SHUMER- CONCERNS FEMA'S REVISED FLOOD PLAIN MAPS CCP#41, 10/30 That the above item be the same and hereby is Referred to the Special Committee on Waterfront Development ADOPTED NO. 58 M. KEARNS - NYSDOT -BFLO OUTER HARBOR ACCESS FUHRMAN BLVD PROJECT CCP#44, 10/30 That the above item be the same and hereby is Referred to the Special Committee on Waterfront Development ADOPTED NO. 59 M. KEARNS -J. ZAPPIERI- PROPOSED SOUTHTOWNS CONNECTOR PROJECT CCP#46, 10/30 That the above item be the same and hereby is Referred to the Special Committee on Waterfront Development ADOPTED NO. 60 M. KEARNS -M. DABNEY -FEMA PROGRAM TO UPDATE FLOOD INS MAPS CCP#46, 10/30 That the above item be the same and hereby is Referred to the Special Committee on Waterfront Development ADOPTED NO. 61 J. ROZANSKI - BURA -RFP NORTH BUFFALO RAIL LAND CCP #50, 10/30 That the above item be the same and hereby is Received and Filed ADOPTED NO.62 RESULTS OF NEGOTIATIONS - 3300 BAILEY AVENUE (ITEM NO. 19, C.C.P., SEPT. 4, 2007) November 13 2007 11/13/2007 That the offer from Rodney Wilkinson, residing at 359 Sanders Road, in the sum of six thousand and one hundred dollars ($6,100.00) for the purchase of 3300 Bailey Avenue, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning 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 - 8 NOES -0 LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 63 R. SANTORO, PETITION TO USE 2310 DELAWARE AVENUE - ILLUMINATED POLE SIGN (ITEM NO. 51, C.C.P., OCT. 30, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the petition of R. Santoro, agent, for permission to use 2310 Delaware Avenue for a 19' high 10' wide illuminated ground sign, wall signs and directional sign accessory be, and hereby is approved. PASSED. AYES - 8 NOES -0 NO. 64 REQUEST TO HOMESTEAD VACANT LOT MONROE ST (ELL) That the above item be the same and is hereby Received and Filed ADOPTED NO. 65 OPPOSE FEMA PLAN INCLUDING OLD 1 ST WARD IN FLOODPLAIN(EXC 1,2,3,4,6 RES) That the above item is hereby referred to the Committee on Community Development. ADOPTED NO. 66 APPOINTMENT TEMPORARY MEMBERS TO THE BOARD OF ASSESSMENT REVIEW (ITEM NO. 9, C.C.P., OCT. 16, 2007) (ITEM NO. 74, C.C.P., OCT. 30, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the re- appointment as a temporary member of the Board of Assessment Review of Otis Cowart, 104 Ivy Street, for a one (1) year term be, and he hereby is approved on the condition that he does not owe any outstanding liens to the City of Buffalo. PASSED AYES - 8 NOES -0 NO. 67 FOOD STORE LICENSE - 117 -119 COLVIN (ITEM NO. 53, C.C.P., SEPT. 4, 2007) (ITEM NO. 82, C.C.P., OCT. 30, 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. 68 "MAGGIE Y. BOYD" TRAILBLAZER SIGNS (ITEM NO. 113, C.C.P., OCT. 16, 2007) (ITEM NO. 85, C.C.P., OCT. 30, 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. 69 FOOD STORE LICENSE- 1892 SENECA (ITEM NO. 43, C.C.P., OCTOBER 2, 2007) (ITEM NO. 91, C.C.P., OCT. 16, 2007) That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit & Inspections Services be, and he hereby is authorized to grant a Food Store License to Angela Alyazeedi (Mastrianni's), located at 1892 Seneca Street, with the following conditions: 1. The store will close at 11:00 pm from Sunday through Thursday. 2. The store will close at 12 midnight on Friday and Saturday. 3. The license is approved for one year and will come before the Common Council for renewal. PASSED. AYES - 8 NOES -0 November 13 2007 11/13/2007 RESOLUTIONS NO. 70 BY: MR. BONIFACIO COMMON COUNCIL SUPPORT FOR FREIGHT RAIL INFRASTRUCTURE CAPACITY EXPANSION ACT H.R. 2116 Whereas: The federal government is considering legislation on the expansion of rail capacity through a 25 percent tax credit to businesses that invest in new freight rail infrastructure property that expands rail capacity; and Whereas: This bill would give a substantial boost to new investment in our nation's freight rail infrastructure; and Whereas: This investment will lead to a stronger industry with stronger employment opportunities and a healthier railroad retirement system; and Whereas: It would also reward investments by railroads, trucking companies, manufactures, shippers, and others into projects such as intermodal facilities, new rail spurs, sidlings, and laying new track; and Whereas: These incentives will greatly benefit a city like Buffalo who will see a greater rail capacity and service as a result of these tax incentives; and Whereas: By expanding our freight rail system we could lessen highway congestion, lessen fuel consumption, and lessen air pollution, it seems appropriate that we move forward on this piece of legislation to help the nation toward a better freight rail system; and Now Therefore Be It Resolved: That the Buffalo Common Council supports the Freight Rail Infrastructure Capacity Expansion Act H.R. 2116 and calls on the WNY federal delegation to support providing incentives to encourage investment in the expansion and to enhance modal tax equity ADOPTED NO. 71 BY: MR. DAVIS TRANSFER OF FUNDS COMMON COUNCIL — LEGISLATIVE That pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $16,000 be and the same is hereby transferred from the City Clerk and said sum is hereby reappropriated as set forth below: From: City Clerk 10220006 - 434000 Other Contractual Services $16,000 To: City Clerk- Personal Services $16,000 1022001- 412002 Hourly Salary PASSED AYES - 8 NOES -0 NO. 72 BY MR. FONTANA: DISCHARGE LEGISLATION COMMITTEE "FOOD STORE LICENSE -1440 KENSINGTON (UNIVERSITY)" (ITEM #81,10/30/07)(CCP#41,10/2)(CCP #90,10/16) Whereas:The above item is currently in the Legislation Committee; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore Be it Resolved: That this Common Council does hereby discharge the Legislation Committee from further consideration of Item #10, November 7, 2007 agenda and said item is now before the Common Council for its consideration. AYES - 8 NOES -0 NO. 73 BY MR. FRANCZYK AMEND ORDINANCE CHAPTER 263 - LICENSES The City of Buffalo and its neighborhoods need to be adequately protected from municipal garbage transfer stations, landfills and waste processing centers; and Amended in 2005, Chapter 263 -29 of the City Charter states: § 263 -29. Review by Planning Board. A. Upon receipt of the application and accompanying information, the City Planning Board shall schedule a public heading thereon is soon as practicable. Said hearing shall be preceded by a notice published at least once in a newspaper of general circulation, containing the name and address of the applicant, the address of the landfill or transfer station and the time and location of the public hearing. B. The City Planning Board may approve the application with or without conditions or may reject it, upon stated written masons therefore. In making its decision, the City Planning Board shall consider the landfill's impact on the health, safety and welfare of the City's inhabitants as well as its impact upon the neighboring environment. The Board shall forward its decision, if positive, to the Commissioner of Public Works, Parks and Streets. Whereas: Members of the Common Council are often inundated with calls when such proposals are made to bring solid waste, garbage or debris operations to our neighborhoods; and Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo requests the Corporation Counsel to amend Chapter 263 of the City Charter to add the Common Council as an approving body to any such application; and November 13 2007 11/13/2007 Be It Finally Resolved: That this item is referred to the appropriate committee of the Common Council for further discussion. ADOPT 1st RESOLVE REMAINDER TO THE COMMITTEE ON LEGISLATION NO. 74 BY: MR. FRANCZYK EXCUSE COUNCILMEMBER DAVIS FROM MEETING Whereas: Councilmember Brian C. Davis will be unable to attend the Council meeting on Tuesday, November 13,2007; Now, Therefore, Be It Resolved That: The Common Council excuses Councilmember Brian C. Davis from attending The Tuesday, November 13, 2007, Common Council meeting. ADOPTED NO. 76 BY: MS. RUSSELL BUDGET AND PERSONNEL AMENDMENT 03 - EXECUTIVE 1614 - REAL ESTATE That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 03 - Executive - 1514 -Real Estate which currently reads: 1 Assistant Director of Real Estate $39,349 - $45,884 Is hereby amended to read: 1 Administrative Assistant $33,545 - $38,584 IT IS HEREBY CERTIFIED, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. That a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position TIMOTHY E. WANAMAKER, EXECUTIVE DIRECTOR AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. TIMOTHY E. WANAMAKER EXECUTIVE DIRECTOR APPROVED AS TO FORM CorporationCou nse— 10/22/2007 Attachment SOA Karen 07 -08 PASSED AYES - 8 NOES — 0 NO. 76 SPONSOR: MR. D. SMITH HOMEOWNER AND BANK PROTECTION ACT WHEREAS: The onrushing financial crisis involving home mortgages, debt instruments of all types, and the banking system of the United States threatens to set off an economic collapse worse than the Great Depression of the 1930s; and WHEREAS: Millions of Americans are faced with foreclosure and loss of their homes over the coming months; and WHEREAS: The hedge funds which spread this financial collapse among markets worldwide, by dominating speculation in all those markets, are now going bankrupt and demanding government bailout of their securities and derivatives, and the nominal value of the derivatives based on mortgages alone is the size of the combined GDP of the nations of the world; and WHEREAS: This financial crisis threatens the integrity of both Federal and State chartered banks, as typified by the run on deposits of Countrywide Financial Corporation in California on August 16, which could wipe out the life savings of too many American people and drastically undermine the economic stability of our states and cities; and WHEREAS: Under similar circumstances in the 1930s, President Franklin D. Roosevelt successfully intervened to protect banks and homeowners, addressing Congress with a "declaration of national policy" on April 13, 1933, which stated "that the broad interests of the Nation require that special safeguards should be thrown around home ownership as a guarantee of social and economic stability, and that to protect homeowners from inequitable enforced liquidation in a time of general distress is a proper concern of the Government'; therefore, be it THEREFORE, BE IT RESOLVED: That the Buffalo Common Council that we call upon Congress to take emergency action to protect homeowners and banks by enacting a Homeowners and Banks Protection Act specifically to: Establish a Federal agency to place Federal and State chartered banks under protection, freezing all existing home mortgages for a period of time, adjusting mortgage values to fair prices, restructuring existing mortgages at appropriate interest rates and writing off speculative debt obligations of mortgage- backed securities, financial derivatives and other forms of Financial pyramid schemes that have brought the banking system to the point of bankruptcy; 2. Declare a moratorium on all home foreclosures for the duration of the Transitional period, allowing families to retain their homes. Monthly payments, the equivalent of "rental payments ", shall be made to designated banks, which can use the funds as collateral for normal lending practices, thus recapitalizing the banking system. These affordable monthly payments will be factored into new mortgages, reflecting the orderly deflating of the housing bubble, the establishment of appropriate property valuations and reduced fixed mortgage interest rates. While this may take several years to achieve, in the interim period no homeowner shall be evicted from his or her property, and the Federal and State chartered banks shall be protected so that they can resume their traditional functions, serving local communities and facilitating credit for investment in productive entities; and November 13 2007 11/13/2007 3. Authorize Governors of several states to assume the administrative Responsibilities for implementing the program, including the "rental" assessments to designated banks, with the Federal government providing the necessary credits and guarantees to assure the successful transition; and be it further BE IT FURTHER RESOLVED: That suitable copies of this resolution be delivered to the President of the United States and to each member of the New York State congressional delegation for immediate action. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 77 BY MR. SMITH FELICITATIONS /IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Betty Cadney By Councilmember Smith ADOPTED NO. 78 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31,2008, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo Madelon Brown Woods TOTAL ADOPTED NO. 79 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, November 20, at 9:45 o'clock A.M. Committee on Finance Tuesday, November 20, 2007 at 10:00 o'clock A.M. Committee on Community Development Tuesday, November 20, 2007 at 1:00 o'clock Committee on Legislation Tuesday, November 20, 2007 at 2:00 o'clock PM Special Committees Waterfront Development Tuesday, November 20, 2007 at 5:00 o'clock PM (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware; therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 80 ADJOURNMENT On a motion by Mr. Bonifacio, Seconded by Mr. Fontana, the Council adjourned at 2:40 pm GERALD CHWALINSKI CITY CLERK BOARD OF POLICE AND FIRE PENSION PROCEEDINGS #10 OFFICE OF THE MAYOR -201 CITY HALL NOVEMBER 15, 2007 Present: Alisa A. Lukasiewicz, Corporation Counsel; Daryl McPhearson, City Auditor, Gerald Chwalinski, City Clerk - The Journal of the last meeting was approved. NO. 1 1 transmit herewith the Pension Payroll for the Fire Pension Fund for the month of November 2007 amounting to $5,610.00, and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes. Noes -0. NO. 2 I transmit herewith the Pension Payroll for the Police Pension Fund for the month of November 2007 amounting to $3,760.00, respectively, and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes. Noes -0. NO. 3 On motion by Mr. Chwalinski the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m. November 13 2007 11/13/2007 November 13 2007