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Home My WebLink About07-1016 (2)�� • COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO OCTOBER 16, 2007 POLICE AND FIRE PENSION OCTOBER 18, 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 E" jxd /e1 W9161 kh hh111 i94 *1 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, OCTOBER 16, 2007 AT 2:00 p.m. PRESENT - David A. Franczyk, President of the Council, and Council Members Bonifacio, Davis, Fontana, Golombek, Kearns, LoCurto, Russell and Smith - 9 ABSENT - 0 On a motion by Mr. Bonifacio, seconded by Mr.Fontana, the minutes of the stated meeting held on October 2, 2007 were approved. INVOCATION - PLEDGE TO FLAG ** *FINAL * ** * *October 16, 2007 * ** 2:00 PM MAYOR - EXECUTIVE 1. Plan Bd- Neg Declaration -SEAR Canisus College -1193 Delaware Ave(Del) R &F 2. Strat Plan- Aband and Sale Dead End Portion of Providence St (South) APP 3. Strat Plan -A.D. Price Apartments PILOT APP 4. Strat Plan- Response- Greater Refuge Temple Lot Acquisitions R &F 5. Strat Plan- Contract Award 90 Hopkins Remediation APP 6. Strat Plan- SEQR Lead Agency Desig 501 -515 Main St(Ell) ADOPT COMPTROLLER 7. Travel Expense Guidelines FIN ASSESSMENT 8. Bd of Assessment Review App, Perm. (Hetzner) LEG,COLL 9. Bd of Assessment Review App, Temp (Cowart) (Glover) LEG,COLL 10. Bd of Assessment Review Appointment, Additional Temp. Members LEG 11- 10A BRACO -Req for Real Prop Refund for Excess Real Prop Taxes 2006 -07 APP PUBLIC WORKS 12- 10B Notification Serials- 1 01 74- 1 01 77(EII)(Waive 45 Days) R &F 13- 11. Booth Alley- Blockage of City ROW (Ell) LEG 14- 12. Cable TV Franchise Status LEG 15- 13. Change in Contract -City Wide Sidewalk Repl -2006 APP 16- 14. Change in Contract -John W. Danforth Co. (EII)$104,382.00 APP 17- 15. Change in Contract -John W. Danforth Co. (Ell) $526,055.00 APP 18- 16. Change in Contract -Fire Dispatch Office - Boiler Repl (Ell) APP 19- 17. Change in Contract -Fire Headquarters - Medical Sery Training Center Window Reconst (Ell) APP 20- 18. Increase in Contract -MLK Park Site Imp(Mas) APP 21- 19. Report of Bids -Caz Park Golf Course -Maint Build -Roof Reconst(South) APP 22- 19A Change Portion of Street from Eastbound to Westbound- Potomac Ave(Nia) LEG 23- 19B Proposed Change in Traffic Direction -West Chippewa St(Ell) LEG 24- 19C Convert to One Way Traffic - Wilkes Avenue (Lov) LEG 25- 20. Remove Alternate Parking Delham St (Del) LEG 26- 21. Return Ice Skating to Hoyt Lake(Del) FIN 27- 22. Appts Equipment Operator, Temp, (Max) (Hussar) (Tamsen) CS 28- 23. Appt Truck Driver, Temp, (Max) (Wagner) CS 29- 24. Appt Truck Driver, Perm, (Inter) (Sanders) CS POLICE 30- 25. Approval to Dispose of Old Equipment FIN,A &F CORPORATION COUNSEL 31- 26. Municipal Code Violiations Report R &F PERMITS & INSPECTIONS 32- 27. Food Store License -1069 Ferry East (Fill) LEG 33- 28. Food Store License -278 Trenton (Ell) APP 34- 28A Proposed Transfer of Ownership Adam's Mark Hotel FIN,CC,COMPT 35- 29. Sidewalk Cafe License 79 Chippewa West (Ell) LEG 36- 30. Utilizing Bflo Special Police to Assist With Quality of Life Issues LEG CITY CLERK 37- 31. Notice of Intention - Dedication and Street Naming Sydni Lane, Sycamore Village Subdivision Proj(ELL) (PW)(CCP# 87,9/18, CCP# 31, 9 /4)(Hrg 10/16) APP 38- 32. Liquor License Applications R &F 39- 33. Leaves of Absence R &F 40- 34. Reports of Attendance R &F 41- 35. Notices of Appointments - Seasonal R &F 42- 36. Notices of Appointments - Temp. /Prov. /Perm. CS MISCELLANEOUS 43 -36A D. Bonifacio- Buffalo Marinetime Museum Project CD,EDPI,OSP 44- 37. LP Ciminelli -Board Packet Documents Oct 2007 ED 45- 38. B. Davis -C. Brown - Oppose Sale /Reuse of 390 Hudson St to friends of Night People(Ell) FIN 46- 39. B. Davis -F. Daniels -Auto Accident Claim CLAIMS 47- 40. B. Davis -D. Lokey- Adams -Legal Aid Bureau Sept 2007 Monthly Report R &F 48- 41. D. Franczyk -B. Biddlecom "Operation Save New York" FIN,PW 49- 42. J. Golombek -R. Franke- Bflo's Population Loss & Results CD,EDPI,OSP 50- 43. M. Kearns -C. Hoepfinger -Bflo Fire Hist Museum 25 Anniversary R &F 51- 44. M. Kearns -M. Cerrone- Resolution NYSDOT Reconts. Plan Route 5 WATERFRONT,PW,OSP 52- 45. M. Kearns -A. Glynn - Southtowns Connector Phase I WATERFRONT,PW,OSP 53- 46. M. Kearns - Letter to Gov Spitzer Re NYSDOT Southtowns Connector Proj WATERFRONT,PW,OSP 54- 47. M. Kearns - Revitalizing Buffalo's Waterfront WATERFRONT,PW 55- 47A M. Kearns -J. Metzger- League of Women Voters WATERFRONT,PW,OSP 56- 47B M. Kearns - Letter to Gov Spitzer -Road Project Bflo Waterfront WATERFRONT,PW,OSP 57- 48. M. Moore- NYSDEC- Cleanup Update Steelfields Site R &F 58- 48A J. Ostrowski - Proposal of Free NY, Inc to Purchase Fairfield Library FIN 59- 49. R. Stanton - Appeal of Denial Cert of Exception Prop Imp 72 -76 Pearl (Ell) R &F PETITIONS 60- 50. T. Klentos, Use 510 Elmwood, AKA 512 Elmwood, 510 -516 Elmwood for A Canopy Over the ROW (Nia)(No Pub Hrg) LEG,CC 61- 51. E. Nowak, Agent, Use 118 Schiller AKA 127 -135 Ogden, North for A HSF Food Pantry(Lov) (No Pub Hrg) LEG,CC RESOLUTIONS 110 -52. Franczyk Appoint Legislative Aide (Baj) ADOPT 111 -53. Franczyk Appoint Legislative Assistant (Kuzma) ADOPT 112 -54. Franczyk, etc Recognizing UNESCO's First world Audiovisual Heritage Day ADOPT 113 -55. Franczyk Trailblazing Signage- Maggie Y. Boyd Way LEG,PW 114 -56. Franczyk,etc The C.R.U.C.I.A.L. Solution APP 1ST RES, REM ,CC,PW,COMPT 115 -56A Franczyk RUN Buffalo -Req Waiver of Demo Fees -832 Sycamore FIN,CC 116 -57. Golombek Making the Empire Zone Prog Work for Bflo & Other Upstate Communities ADOPT 1 ST RES, REM CD 117 -58. Kearns, etc Southtowns Connector Project ADOPT 1 , 2 , & 3 ° RES, REM WATERFRONT 118 -59. Smith Request for Public Hearing on the COB Police Dept. Policy, Procedures & Citizen's Complaints ADOPT 2 ND & 3 RD RES, REM LEG 119 -60. Smith Request for Info Re Living Wage, MWBE and Diversity Goal Compliance ADOPT 1 ST & 2 ND RES, REM MBEC 120 -61. Smith School Truancy ADOPT 2 ND RES, REM ED 121 -62. Smith Felicitations in Memorium ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETING $712.44 RECOMMIT CLAIMS $ 555.22 APP B -8 Mary O'Brien $ 51.31 PERSONAL INJURY B -9 Darling Olivero 62- A -1 Gregory Olma v. City and County of Erie $15,000.00 APP 63- A -2 Lawrence Chojnicki $ 2,500.00 B -12 Roger Chainani $ 300.00 PROPERTY DAMAGE D -1 AAMCO Transmissions 64- B -1 A. Gareleck & Sons v O'Herron v City $750.00 $ 1,500.00 B -2 Dale Bless $ 92.50 $ 1 ,006.50 B -3 Harold Hooper $ 122.12 65- B -4 Joseph Komorowski $799.18 RECOMMIT 66- B -5 Pauline Kosmoski $ 24.00 67- B -6 Marlene Myree $712.44 RECOMMIT 68- B -7 National Fuel $ 555.22 APP B -8 Mary O'Brien $ 51.31 APP B -9 Darling Olivero $ 1,975.00 APP B- 10Angelina Piraino $ 4,655.83 APP B -11 Edward Weihing $ 196.20 APP B -12 Roger Chainani $ 300.00 APP MISCELLANEOUS REIMBURSEMENT 69- C -1 Monique Halton $ 90.00 APP C -2 Joseph Hanson $ 200.00 APP C -3 Donald Puccio $ 2.50 APP MISCELLANEOUS INVOICE 70- D -1 AAMCO Transmissions $ 560.00 APP D -2 Dennis J.Campagna $ 1,500.00 APP D -3 Colucci & Gallaher $ 1 ,006.50 APP D -4 First Niagara Risk Mgt. $ 497.33 APP D -5 First Niagara Risk Mgt. $3,837.38 D -6 Hiscock & Barclay $2,428.35 D -7 Hodgson Russ, LLP $10,104.60 APP D -8 Jaeckle Fleischmann & Mugel $11,156.00 APP D -9 The HD Group, Inc $ 1,175.00 APP D- 10Xerographic Solutions $ 1,242.00 APP D -11 Mercantile Adjustment Bureau Inc. $ 124.42 APP BRH Inc /POS Card Systems $ 3,495.15 APP M &T Bank $ 1,220.74 APP City Treasurer (clearing account) $ 6,857.06 APP REPORTS TO CLAIMS COMMITTEE 71- E -1 Edward Good $ 817.81 APP CIVIL SERVICE 72- 1. Com 31 Oct 2 Appt Motor Equip Mechanic (Prov)(Inter)(Alessi)(PW) APP 73- 2. Com 32 Oct 2 Appt Water Meter Mechanic (Temp)(Max)(Barth)(PW) APP 74- 3. Com 34 Oct 2 Appt Public Safety Comm Director (Perm)(Flat)(DeGeorge)(Pol) R &F 75- 4. Com 36 Oct 2 Appt Assistant Corporation Counsel II(Perm)(Inter)(Cotter, Jr)(CC) APP 76- 5. Com 50 Oct 2 Appt Secretary to Comm of A &F, Pol & Urban Affairs(Exempt)(Anderson)(A &F) R &F 77- 6. Com 58 Oct 2 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F FINANCE 78- 7. Com 11 Oct 2 AD Price Apartments PILOT(Strat Plan) R &F 79- 8. Com 18 Oct 2 Abatement of Uncollectible Accounts Receivable Invoices (Comps APP 80- 9. Com 26 Oct 2 Grass Cutting Invoice Transfers (PW) APP 81- 10. No 49 Apr 17 M. Kearns -J. Pierakos -Bond Requirements R &F 82- 11. Com 69 July 24 M. Kearns -J. Pierakos -Bond Requirements(Admin Fin) R &F 83- 12. Com 106 July 24 Status of Downtown Parking Situation(Bd of Pkq)( #3,7/10) R &F COMMUNITY DEVELOPMENT 84- 13. No 64 Oct 2 S. Gee- NYSDOT- Response Southtowns Connector Project WFRONT 85- 14. No 66 Oct 2 H. Kozlowski- Notice of Approp Fuhrmann Blvd. Map #343 WFRONT 86- 15. No 67 Oct 2 H. Kozlowski- Notice of Approp Fuhrmann Blvd Map #339 WFRONT 87- 16. No 68 Oct 2 H. Kozlowksi- Notice of Approp Fuhrmann Blvd Map #338R -1,351 WFRONT 88- 17. No 60 Mar 20 R. Fontana -J. Huang -Req. Asst. In Updating Buffalo's Natl. Flood Insurance Program R &F LEGISLATION 89- 18. Com 37 Oct 2 Food Store License -2534 Bailey(Lov)(EDPI) APP 90- 19. Com 41 Oct 2 Food Store License -1440 Kensington(Univ)(EDPI) RECOMMIT 91- 20. Com 43 Oct 2 Food Store License -1892 Seneca(South)(EDPI) RECOMMIT 92- 21. No 89 Oct 2 Food Store License - 117 -119 Colvin(Del)(EDPI)( #53,9/4)( #88,9/18) RECOMMIT 93- 22. Com 45 Oct 2 Restaurant Dance License(Renewal) -2046 Fillmore(Mas)(EDPI) APP 94- 23. No 92 Oct 2 Rest Dance Class III -45 Chippewa West(Ell)(EDPI)( #26,4/ RECOMMIT 95- 24. Com 47 Oct 2 Used Car Dealer -411 Walden(Flll)(EDPI) RECOMMIT 96- 25. No 72 Oct 2 R. Stanton - Approval of Denial of Cert of Exception for R &F 108-37. No 95 July 10 Food Store License -1445 E. Delavan(Lovejoy) (36,5/15)( #94,5/29) Proposed Imp. To 72 -76 Pearl St APP 97- 26. Res 100 Oct 2 Ordinance Amendment -Ch 137 Code Enforcement APP 98- 27. Res 103 Oct 2 Unresponsiveness of National Fuel and National Grid to Citizen Complaints(Exept 1 st &2 " Res) R &F 99- 28. No 85 July 24 A. Armstrong- Response Resolution Policy to Take Title to Properties not Receiving Bids at In Rem Sponsored By CM Bonifacio R &F 100- 29. No 86 July 24 D. Bonifacio -The Land Bank Initiative -A Model for Cities R &F 101- 30. No 88 July 24 B. Davis -P. Obersheimer, Appeal of Driveway FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD NO. 1 ACTION TITLE LOCATION: NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON- SIGNIFICANCE 1193 DELAWARE 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 Canisus High School Administrative Offices Location 1193 Delaware Avenue Type of Action: Unlisted - Uncoordinated Description: Canisius High School is proposing to rehabilitate an existing building and construct an employee parking lot located at 1193 Delaware Avenue Buffalo New York. The project will include a new fifty five (55) car parking lot to be used by the employees working at 1193 Delaware Avenue, with some additional available for staff working at the High School. The parking area is surrounded by an existing masonry wall which will screen the cars from public view A new accessible ramp will be added as well as new seventeen foot (17) light poles with directional lighting to reduce light escaping to neighboring properties and new landscaping in the parking lot area as well as in the front yard of the existing administration building. The project will be funded privately and cost approximately $250,000. 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 masons for this decision are as follows: the new administration building will free up much needed space in the High School and the new parking should alleviate some of the parking congestion at the High school and accompanying side streets. 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. Application Denial 47 Orton PI APP 102-31. No 41 July 10 D. Bonifacio -L. Fleron- Findings and Recommendations Living Wage Comm R &F 103-32. No 42 July 10 D. Bonifacio -C. Turner - Findings and Recommendations Living Wage Comm R &F 104-33. No 45 July 10 D. Bonifacio -S. Snow - Article How I Saved My Street Tree From the Wrecker's Ball R &F 105-34. Com 36 June 12 Time Warner Cable- Response to City's Franchise Pro osal (PW) R &F 106-35. Res 134 Apr 3 Support Creation of Dog Park in COB (Exc. 1 sc & 2" Res.) R &F 107-36. No 50 May 29 D. Bonifacio -Model Quality of Life Centers (Draft) R &F 108-37. No 95 July 10 Food Store License -1445 E. Delavan(Lovejoy) (36,5/15)( #94,5/29) ( #96,6/12) RECOMMIT 109-38. No 100 June 26 Food Store License -1981 Fillmore (Masten)(EDPI) 37,5/15)( #95,5/29) ( #97,6/12) RECOMMIT FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD NO. 1 ACTION TITLE LOCATION: NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON- SIGNIFICANCE 1193 DELAWARE 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 Canisus High School Administrative Offices Location 1193 Delaware Avenue Type of Action: Unlisted - Uncoordinated Description: Canisius High School is proposing to rehabilitate an existing building and construct an employee parking lot located at 1193 Delaware Avenue Buffalo New York. The project will include a new fifty five (55) car parking lot to be used by the employees working at 1193 Delaware Avenue, with some additional available for staff working at the High School. The parking area is surrounded by an existing masonry wall which will screen the cars from public view A new accessible ramp will be added as well as new seventeen foot (17) light poles with directional lighting to reduce light escaping to neighboring properties and new landscaping in the parking lot area as well as in the front yard of the existing administration building. The project will be funded privately and cost approximately $250,000. 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 masons for this decision are as follows: the new administration building will free up much needed space in the High School and the new parking should alleviate some of the parking congestion at the High school and accompanying side streets. 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: September 25— 2007 RECEIVED AND FILED NO. 2 ABANDONMENT AND SALE DEAD END PORTION OF PROVIDENCE STREET APPROXIMATELY 66' X 1,307' The Office of Strategic Planning, Division of Real Estate, has received a request from Burd & McCarthy Attorneys At Law, Mr. Tim McCarthy, on behalf of Hood Industries, Inc. (formerly Hood Welding) to purchase the dead end portion of Providence Street. Hood Industries has received an offer to sell its property for future industrial use. Upon doing some preliminary title work, it was discovered that a portion of the block building erected by Hood in the 1970's encroaches slightly onto Providence Street (a unused public right of way) running parallel to Tifft Street at the rear of Hood Industries property. The Division of Real Estate has contacted Land Use Planning, Public Works, Sewer Authority, Fire, Police and the City Planning Board and there were no objections and /or conditions to the abandonment and sale of a portion of Providence Street. Your Honorable Body may authorize the abandonment and sale of the property in accordance with Article 27, Section 27- 5 of the City Charter. Should Your Honorable Body authorize the abandonment and sale the purchaser is required to retain a real estate appraisal(s) at their own expense, for the purpose of fixing the value of the interest of the City in such property. The City will provide a list of appraisers established by the Appraisal Review Board of the City. I am, therefore, recommending that Your Honorable Body authorize the abandonment and sale of a portion of Providence Street. The results of our negotiations will be filed with Your Honorable Body for final approval Mr. Bonifacio moved: That the above communication from the Department of Strategic Planning, Division of Real Estate dated September 25, 2007 be received and filed; and That the City of Buffalo does hereby abandon the dead end portion of Providence Street, approximately 66'.x 1,307' in accordance with Article 27, Section 27 -5 of the Charter - Sale by Appraisal of the City of Buffalo; and That the Director OfReal Estate be, and he hereby is authorized to negotiate a sale with Burd & McCarthy Attorneys at Law, Mr. Tim McCarthy on behalf of Hood Industries, Inc. (formerly Hood Welding), and that the recommendations of the Appraisal Review Board and results of negotiations be reported back to the Common Council for final approval of the sale of the dead end portion of Providence Street. PASSED AYES - 9 NOES -0 NO. 3 AD PRICE APARTMENTS PILOT Your Honorable Body is hereby requested to approve the attached amended PILOT agreement between the City of Buffalo, the County of Erie, AD Price I LLC (owner of the redevelopment) and AD Price I Housing Development Fund Corp (the managing member of the owner). The agreement as originally submitted in Communication to the Common Council dated September 26, 2007 has been amended to more accurately reflect the intention of the owner and managing member as to the affordability of the units. This amendment does not effect the PILOT payments as submitted in the original agreement. This Project will develop vacant property bounded by Broadway Avenue on the North, Spring Street on the west Jefferson Avenue on the east and William Street on the south and is located in the Willert Park neighborhood. The goal is to create approximately fifty -five (55) units of rental housing. 100% of the units will be made available as affordable housing. The units will be available to persons earning up to 60% of the area median income but will also be affordable to persons earning less than 30% because of the presence of an ACC subsidy. The amount of the PILOT payments was calculated based upon the City's PILOT policy, which provides for payments in the amount of 3% of the total income of gross rent assuming a 5% vacancy. Payments will increase by three percent per year for the duration of the 15 year Pilot. Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning dated October 2, 2007 be received and filed; and That the Agreement for Payments in Lieu of Taxes (PILOT) between the City of Buffalo, the County of Erie and AD Price I LLC for the development of vacant property bounded by Broadway Avenue on the north, Spring Street on the west, Jefferson Avenue on the east and William Street on the south, located in the Willert Park Neighborhood, which contemplates the creation approximately fifty -five (55) units of rental housing and PILOT payments of 3% of total income assuming a 5% vacancy rate, increased by three percent per year for 15 years is hereby is accepted; and approved. PASSED AYES - 9 NOES -0 NO. 4 RESPONSE - GREATER REFUGE TEMPLE LOT ACQUISITIONS ITEM #37, C.C.P. 9/18/07 The above referenced item is a request from Bishop Robert Sanders of the Greater Refuge Temple of Christ, 943 Jefferson Avenue, Buffalo, New York, to acquire the City -owned lots at 650, 652 and 660 Genesee Street. I have forwarded the request to the Division of Real Estate. The Director of Real Estate will contact the Church and advise them on how to acquire vacant land from the City of Buffalo. The results of negotiations between the City and the Greater Refuge Temple will be filed with the Common Council for final approval. RECEIVED AND FILED NO. 5 CONTRACT AWARD 90 HOPKINS REMEDIATION CCP# 289, 7/20/2004 The City of Buffalo hasbeen awarded a State Assistance Contract (SAC) to undertake a remediation at the 90 HopkinsStreet property. The SAC permits municipalities to be reimbursed for 90% of the allowable costs of the project. The City is the current owner of the property. Honeywell, Inc. has committed to providing the City of Buffalo's 10% share, less $30,000, as per their August 9, 2004 agreement with the City (attached). The City has advertised for, received and reviewed bids to undertake the remediation of the 90 Hopkins Street property. The received bids are as follows: Cambria Contracting Corp. - $8,550,000.00 Sevenson Environmental - $7,815,305.00 Modern Construction Corp. - $6,970,500.00 1 respectively request that your Honorable Body authorize that the contract to undertake the remediation of the 90 Hopkins Street property be awarded to Modern Construction Corp. Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning dated October 16, 2007, be received and filed; and That the Executive Director of Strategic Planning be, and he hereby is authorized to award a contract for 90 Hopkins Remediation, to Modern Construction Corp., the lowest responsible bidder, in the amount of $6,970,500.00. PASSED AYES - 9 NOES -0 NO. 6 LAND USE PLANNING SEQR LEAD AGENCY DESIGNATION CENTURY CITY LOFTS, 501 -515 MAIN STREET Signature Development Company proposes to redevelop the buildings at 501 -515 Main Street to include 28 new apartments, commercial space and the construction of a three story parking ramp located at the rear of the properties on Washington Street. The proposed project also includes the renovation of 500 and 510 Washington Street as a stand -a one development comprising new apartments and commercial space. 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 the City of Buffalo Planning Board. 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 the involved agencies within 30 calendar days of this communication. It is proposed that The City Planning Board act as the Lead Agency for this action. If the Common Council has no objection to the Planning Board acting as Lead Agency please inform my office within the 30 day period. The project Environmental Assessment Form is enclosed for your review ADOPTED FROM THE COMPTROLLER NO. 7 TRAVEL EXPENSE GUIDELINES Attached please find revised Out -of -Town Travel Expense Guidelines. The revision brings reimbursement rates up to current 2007 standards as recognized by the United States General Services Administration. The guidelines are not intended to be the sole arbiter of approved travel. Each Travel Expense Summary voucher should be reviewed and approved on an individual basis by the approving authority. The Mayor will approve travel within the Executive Branch. Similarly travel by City Clerk/Council employees will be approved by the Council President, and employees of the Department of Audit and Control by the Comptroller. While the City of Buffalo is growing fiscally stronger every day, it is still expected that everyone use their best discretion when authorizing travel. A new feature of these guidelines is to restrict vendor sponsored travel for City employees. If an employee needs to travel for City business, that expense should be borne by the City. As a general policy, that standard should help avoid any appearance of impropriety that can arise with business related travel. If you have any questions, please feel to contact this office. REFERRED TO THE COMMITTEE ON FINANGCE FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 8 BOARD OF ASSESSMENT REVIEW APPOINTMENT, PERMANENT MEMBER The appointment to the Board of Assessment Review of Coralia Hetzner, 67 Lancaster, Buffalo, New York 14222 expired on September 30, 2007. Ms. Hetzner was appointed to complete the unexpired term of Robert Zielinski. By state provision, a Board of Assessment Review member whose term has expired may not participate in board actions and may not be considered for purposes of determining a quorum. Any new or re- appointed member must receive training from the Erie County Director of Real Property Services and be certified to New York State before assuming the duties of a board member. Therefore, I am respectfully requesting the Common Council reappoint Ms. Hetzner to an additional five (5) year term as soon as possible so that the required State training can occur before commencement of hearings. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DIVISION OF COLLECTIONS NO. 9 BOARD OF ASSESSMENT REVIEW APPOINTMENT, TEMPORARY MEMBERS I am respectfully requesting Common Council action to re- appoint as temporary members to the Board of Assessment Review (BAR) the individuals listed below who served last year as temporary BAR members. They will serve approximately twenty days as needed during the time period of January 2008 to mid - February 2008. The Department of Assessment & Taxation is preparing contingencies should it prove to be necessary to supplement the existing permanent board for the upcoming assessment challenge period. These two (2) temporary boardmembers working in conjunction with the five permanent members will allow this office to establish two mini - boards, if needed. Last year we needed to use all five (5) permanent and the temporary members to guarantee daily quorums due to member absences and the volume of challenges. Having temporary members appointed, trained and available for service assured the smooth function of the review process. Therefore I am recommending Common Council approval of the following individuals to serve a one (1) year term as temporary BAR members: Otis Cowart, 104 Ivy Street, Buffalo, New York 14211 Warren Glover, 17 Newport Avenue, Buffalo, New York 14216 REFERRED TO THE COMMITTEE ON LEGISLATIOM. DIVISION OF COLLECTIONS NO. 10 BOARD OF ASSESSMENT REVIEW APPOINTMENT, ADDITIONAL " TEMPORARY MEMBERS I am respectfully requesting Common Council action to identify and appoint two (2) more individuals to serve as temporary members to the Board of Assessment Review (BAR). Temporary members will serve approximately twenty days as needed during the time period of January 2008 to mid - February 2008. The Department of Assessment & Taxation is preparing contingencies should it prove to be necessary to supplement the existing permanent and temporary board members for the upcoming assessment challenge period. This office has already requested in separate communications that your Honorable Body re- appoint Coralia Hetzner to a permanent position and appoint Otis Cowart and Warren Glover to temporary appointments but we are herein requesting two (2) additional individuals be appointed to temporary one year positions. Last year's grievance experience demonstrated that having five (5) permanent members and two (2) temporary members boardmembers was insufficient to satisfactorily service the public. The BAR chairman and membership recommended to this office and I fully agree that the number of temporary members be expanded to allow for multiple mini - boards to allow greater flexibility in the scheduling of hearings. This office will need to have the membership roster finalized in time for BAR members to attend the State required training and be available for service by the end of December 2007 in order to assure the smooth function of the review process. Therefore I am respectfully requesting the Common Council identify and appoint two (2) individuals to serve a one (1) year appointment as temporary BAR members. Any appointee to these positions should have a knowledge of the real estate market and values and be of the highest ethical background in order to assure the public that they will receive an informed yet impartial review of their challenge and to avoid any appearance of impropriety by the BAR. REFERRED TO THE COMMITTEE ON LEGISLATION NO. B11 BRACO - I REQUEST FOR REFUND OF EXCESS REAL PROPERTY TAXES FOR THE 2006- 2007 TAX YEAR On November 30, 1977, an Agreement was executed by the City of Buffalo and the BUFFALO REHABILITATION ACTION COMPANY, (BRACO -1), a limited partnership, duly organized and existing pursuant to the provisions of Article V of the Private Housing Finance Law of the State of New York. By the terms of said Agreement, BRACO -I's real property tax liability was limited as to certain parcels of real property in the City of Buffalo pursuant to and in accordance with Section 236 of the National Housing Act of 1968 and Article V of the Private Housing Finance Law. Specifically, in accordance with Federal Housing Administration requirements, the Agreement imposes a real property tax ceiling in the amount of Forty Five Thousand Five Hundred Ninety -Nine Dollars ($45,599.00) on City and County Taxes for the real property identified therein. Said Agreement further provides that said real property shall be exempt from any further similar tax for a period of forty (40) years, beginning December 30, 1976. Your Honorable Body passed a resolution approving said Agreement and authorizing the tax relief provided therein on February 6, 1973. Consequently, if in any one fiscal year the combined City and County real property tax liability exceeds Forty Five Thousand Five Hundred Ninety -Nine Dollars ($45,599.00), BRACO -1 is entitled to a refund of the excess taxes paid above and beyond said ceiling amount. The refund is apportioned between the City of Buffalo and the County of Erie, and is based upon the tax rates prevailing at the time. The parcels subject to the Agreement are as follows: 210 Allen, 359 Busti, 346 Franklin, 352 Franklin, 74 Grant, 922 Main, 279 Niagara, 231 West, and 87 Whitney. The application before your Honorable Body pertains to the 2006 -2007 tax year and is broken down as follows: 2006 -2007 City of Buffalo Real Property Tax: $42,428.54 2007 Erie County Real Property Tax: $6,000.26 Total Tax Paid (City & County): $48,428.80 Less Combined Ceiling as per Agreement: ($45,599.00 ) Amount of Overpayment to City & County: $2,829.80 Portion to be refunded by the City of Buffalo (88% of Total Overpayment Amount): I respectfully request that your Honorable Body authorize the Comptroller to issue a property tax refund to BRACO -1 in the amount of Two Thousand Four Hundred Ninety Dollars and Twenty -Two Cents ($2490.22). Said amount is the City's portion of the excess real property taxes paid on the real property listed herein for the 2006 -2007 tax year. Mr. Bonifacio moved: That the communication from the Commissioner of Assessment and Taxation, dated October 12, 2007, be received and filed; and That the Comptroller be, and he hereby is authorized to issue a property tax refund to BRACO -1 in the amount of two thousand four hundred ninety dollars and twenty -two cents ($2,490.22) the amount is the City's portion of the excess real property taxes paid on the real property listed herein for the 2006 -07 tax year. PASSED AYES - 9 NOES -0 FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NOTIFICATION SERIAL #10174 REPEAL ALTERNATE PARKING - TYPE I PARK STREET BETWEEN VIRGINIA STREET AND ALLEN STREET ( ELLICOT— DISTRICT) (ITEM NO. 142, C.C.P. 09/04/07) NO PARKING (ALTERNATE - TYPE 1) - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Park Street, west side 4:00 p.m. Sunday to between Virginia Street and Allen Street Park Street, east side 4:00 PM Sunday to between Virginia Street and Allen Street 4:00 pm Wednesday This action is being taken at the request of the District Councilmember. NOTIFICATION SERIAL #10176 INSTALL ALTERNATE PARKING - TYPE ILK PARK STREET BETWEEN VIRGINIA STREET AND ALLEN STREET ( ELLICOTT DISTRICT) (ITEM NO. 142, C.C.P. 09/04/077 NO PARKING (ALTERNATE - TYPE 1) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Park Street, west side 6:00 p.m. Monday to 6:00 p.m. Thursday between Virginia Street and Allen Street Park Street, east side 6:00 p.m. Thursday to 6:00 p.m. Monday between Virginia Street and Allen Street This action is being taken at the request of the District Councilmember. NOTIFICATION SERIAL #10176 REPEAL ALTERNATE PARKING - TYPE I PARK STREET BETWEEN ALLEN STREET AND NORTH STREET ( ELLICOTT DISTRICT) (ITEM NO. 142, C.C.P. 09/04/07) NO PARKING (ALTERNATE - TYPE 1) - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Park Street, east side between 4:00 pm Wednesday to Allen Street and North Street 4:00 pm Sunday Park Street, west side between 4:00 pm Sunday to Allen Street and North Street 4:00 pm Wednesday This action is being taken at the request of the District Councilmember. NOTIFICATION SERIAL #10177 INSTALL ALTERNATE PARKING - TYPE IIK PARK STREET BETWEEN ALLEN STREET AND NORTH STREET ( ELLICOTT DISTRICT) (Item No. 142, C.C.P. 09/04/07) NO PARKING (ALTERNATE - TYPE 1) - INSTALL In conformity with section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Park Street, west side 6:00 PM Monday between Allen Street and North Street 6:00 PM Thursday Park Street, east side 6:00 PM Thursday between Allen Street and North Street 6:00 pm Monday This action is being taken at the request of the District Councilmember. Waive 45 days RECEIVED AND FILED NO. 13 BOOTH ALLEY; BLOCKAGE OF CITY [: RIGHT OF WAY (ELLICOTT DISTRICT) (ITEM NO. C.C.P. 10/02/07) The Department of Public Works, Parks and Streets has reviewed the Booth Alley right of way issue concerning the blockage of the area. The review found cars parked in adjacent lot have blocked the right of way. This obstruction has blocked access to Booth Alley. A review of our records indicate that Booth Alley is a public street and no permissions or permits have been granted by this department for any other use. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 14 CABLE TV FRANCHISE STATUS Your Honorable Body requested an update of the status of discussions with Time Warner Cable for cable franchise renewal, and with Verizon for a new franchise. The Office of Telecommunications and the Law Department have reviewed the City's Needs Assessment, which served as the basis for the City's franchise proposal. The Law Department recommended that, since the Needs Assessment was completed in 2005, there should be an effort to update it. It was agreed that, now that Time Warner has been serving the City of Buffalo for over a year, we should review its performance over that period of time and incorporate that and any other new developments into the Needs Assessment. We are currently working on such an update, and have informed Time Warner officials that we would like to complete that before proceeding with negotiations. However, the updating of the Needs Assessment should not require a significant amount of time to complete. We have been talking informally to Verizon officials regarding their fiber upgrade and the possibility of the company seeking a cable TV franchise, and have encouraged them to do so. Verizon recently stated its intentions to establish a video hub in Erie County and provide cable TV service in the area beginning late next year. However, to this point we have not yet received a franchise application from Verizon. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 15 CHANGE IN CONTRACT CITY WIDE SIDEWALK REPLACEMENT — 2006 GROUP #658, CONTRACT #92011257 P & J CONSTRUCTION CO., INC. ITEM #28 OF C.C.P. 6/26/07 ITEM #49 OF C.C.P. 11/20/06 ITEM #22 OF C.C.P. 10/2/07 1 hereby submit to your Honorable Body the following unit price additions to the contract for the above named Project. This change order is necessary to complete the following: North District Infrastructure - 2007 Arthur Street Niagara to Tonawanda Riverside - Niagara to Tonawanda Intersection of Forest & Dunforth Intersection of Austin & Thompson Contract Unit Estimated Estimated Item Description Price — Cost R05.204 Concrete Sidewalks & Approaches $5 /sq.fl 2,076 sq.ft $10,380 4" Replacement R05.205 Concrete Sidewalks & Approaches 5' Replacement 1.110 11.110 Hydrosced 12.110 Maintenance & Protection of Traffic 613.0101 Topsoil $5.50 /sq.fl. 3,000 sq.ft. $16,500 $0.20 /sq.fl. 2,600 esq. $ 520 Lump Sum as Necessary $1,000 $50 /cu.yd. 32 Total $ 30,000 Existing Contract Amount $1,567,207 Increase in Contract $30,000 Revised Contract Amount $1,597,207 Funds have been approved and are in CDBG Account #32 -50203 and permission is requested to accept a transfer into our Capital Project Account #30032106 - 445100. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that your Honorable Body approve the subject Change order and authorize the Commissioner of Public Works to issue said change order to P & J Construction Co., Inc. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated October 4, 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 P & J Construction Co., Inc., an increase in the amount of $30,000.00, as more fully described in the above communication, for work relating to City Wide Sidewalk Replacement - 2006, Group #658, Contract #92011257. Funds for this project are in CDBG Account #32 -50203 and permission is requested to accept a transfer into Capital Project Account #30032106- 445100. PASSED AYES - 9 NOES -0 NO. 16 CHANGE IN CONTRACT JOHN W. DANFORTH CO. CONTRACT #93000019 ELLICOTT I hereby submit to Your Honorable Body the following change order for this contract. This change order is due as part of an emergency repair of the East Thickener located at the Colonel Ward Complex. The East Thickener drive unit was shipped to the facility, Walker Process Equipment, for rehabilitation as part of the original contract. Once the unit was disassembled it was discovered that the damage to the drive unit was greater than originally expected. The Contractor and the Engineering Consultant, CRA Infrastructure, stated that the existing drive unit is beyond repair and recommends that a new unit be installed. The thickener is used to process solids that were removed as part of the water treatment process. This unit is critical for the operation of the treatment plant. The additional cost for the replacement of the drive unit is $32,182.00. Contract Amount: $ 72,200.00 This Change Order: $ 32,182.00 Total Contract $104,382.00 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 John W. Danforth Co. for $32,182.00. The funds are available in a Division of Water account 53210726 445100. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated October 9, 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 John W. Danforth Co., an increase in the amount of $32,182.00, as more fully described in the above communication, for work relating to an emergency repair of the East Thickener located at the Colonel Ward Complex, Contract #93000019. Funds for this project are available in Division of Water account 53210726 445100. PASSED AYES - 9 NOES -0 NO. 17 CHANGE IN CONTRACT JOHN W. DANFORTH CO. CONTRACT #92011118 ELLICOTT I hereby submit to Your Honorable Body the following change order for this contract. This contract is necessary for an emergency repair to the No. 1, 15 million gallons per day (mgd), low lift pump located at the Colonel Ward Treatment Plant. This pump is critical in adjusting influent flow rates to meet and system demand is currently out of service This is the only low lift pump of this size which allows flexibility in operation. The other pumps are 30 mgd and larger. All low lift pumps are currently being evaluated for a rehabilitation project to be bid in Spring 2008; however, the work required on the 15 mgd pump to maintain efficient operations needs to done as soon as possible. The rehabilitation works includes rebuilding the pump, rebuilding and rewinding the motor, all electrical work associated, all field- testing as required, and field painting of the pump. The cost for this change order is $59,985.00. Contract Amount: $466,070.00 This Change Order: $ 59,985.00 Total Contract $526,055.00 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 John W. Danforth Co. for $59,985.00. The funds are available in a Division of Water account 53210726 445100 Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated October 9, 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 John W. Danforth Co., an increase in the amount of $59,985.00, as more fully described in the above communication, for work relating to an emergency repair to the low lift pump located at the Colonel Ward Complex, Contract #923011118. Funds for this project are available in Division of Water account 53210726 445100. PASSED AYES - 9 NOES -0 No. 18 Change in Contract Fire Dispatch Office Boiler Replacement Job #0701 Ellicott District I 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 install three (3) 1/3 HP inline pumps, one for each boiler. Add $ 3,973.00 2. Replace bad heater exchangers in two (2) existing gas fired Add $ 3,329.00 unit heaters. The foregoing change results in a net increase in the contract of Seven thousand Three Hundred Two and 00 /100 Dollars,($7,302.00) Summary: Current Contract Amount $ 94,381.00 Amount of This Change Order ( #1) Add $ 7,302.00 Revised Contract Amount $101,683.00 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. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated October 10, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to D. V. Brown and Associates, Inc., an increase in the amount of $7,302.00, 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 - 9 NOES -0 NO. 19 CHANGE IN CONTRACT FIRE HEADQUARTERS: MEDICAL SERVICES TRAINING CENTER WINDOW RECONSTRUCTION JOB #0715 ELLICOTT DISTRICT I hereby submit to Your Honorable Body the following changes for Fire Headquarters, medical Services Training Center, Window Reconstruction, Miller Enterprises, Inc., C #93000022. 1. Additional work required on windows due to the building Add $ 4,634.00 shifting dramatically. The foregoing change results in a net increase in the contract of Four Thousand Six Hundred Thirty Four and 00/100 Dollars ($4,634.00). Summary: Current Contract Amount $ 54,500.00 Amount of this Change Order ( #1) Add $ 4,634.00 Revised Contract Amount $ 59,134.00 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. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated October 3, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to Miller Enterprises, an increase in the amount of $4,634.00, as more fully described in the above communication, for work relating to Job No. 0715, Fire Headquarters, Medical Services Training Center, Window Reconstruction, C: #93000022. Funds for this project are available in 39320406 445100 - Division of Buildings. PASSED AYES - 9 NOES — 0 NO. 20 INCREASE IN CONTRACT MLK PARK SITE IMPROVEMENTS GENERAL CONTRACT NO. 93000025 (MASTEN) During expansion of the MLK Park Tennis Courts it was discovered that the stone base had depressed into the subsurface clay due to unsatisfactory groundwater conditions. To ensure the long term stability of the tennis courts the existing court surface was removed and the sub -base was reconstructed. To improve the ground conditions around the courts a new underdrain was installed. Stored bluestones located in the park maintenance yard were also required to be relocated to complete the renovations. Additional costs for this work are as follows: ADD Remove and Reconstruct Tennis Courts $ 60,440.00 Install new Underdrain $ 5,900.00 Relocate stored bluestone $ 846.13 TOTAL $ 67,186.13 SUMMARY: Existing Contract Amount $296,710.00 This Increase $ 67,186.13 New Contract Amount $363,896.13 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 October 9, 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 $67,186.13, 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 - 9 NOES — 0 NO. 21 REPORT OF BIDS CAZENOVIA PARK GOLF COURSE MAINTENANCE BUILDING ROOF RECONSTRUCTION JOB #0739 SOUTH DISTRICT I advertised for on July 12, 2007 and received the following formal sealed bids for the Cazenovia Park Golf Course Maintenance Building, Roof Reconstruction, which were publicly opened and read on July 26, 2007. Grove Roofing $39,300.00 131 Reading, Buffalo NY Jameson Roofing Co., Inc. $47,252.00 106 Evans, Hamburg, NY Jos. A. Sanders & Sons $51,412.00 99 -117 Lathrop, Buffalo NY Progressive Roofing $53,850.00 331 Grote, 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 Thirty Nine Thousand Three Hundred and 00/100 Dollars ($39,300.00), 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 10, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Cazenovia Park Golf Course, Maintenance Building, Roof Reconstruction, Job #0739, to Grove Roofing, the lowest responsible bidder, in the amount of $39,300. Funds for the project are available in 38320906 445100 - Division of Buildings. PASSED AYES - 9 NOES — 0 NO. 22 POTOMAC AVENUE; CHANGE PORTION OF STREET FROM EASTBOUND TO WESTBOUND (NIAGARA DISTRICT) The Department of Public Works, Parks and Streets has reviewed the request to change a portion of Potomac Avenue, between Richmond and Baynes, from one -way eastbound to one way westbound. It is the opinion of this department that his would cause a confusing situation due to the fact that the street directly north, Bird Avenue is currently one way westbound between Richmond and Baynes. Furthermore, recent changes to Bird Avenue have made it difficult to navigate in that general area. Due to the need for emergency vehicle routing and in the interest of the general public, this department recommends not to implement the proposed change. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 23 WEST CHIPPEWA STREET; PROPOSED CHANGE IN TRAFFIC DIRECTION (ELLICOTT DISTRICT) The Department of Public Works, Parks and Streets has reviewed the resolution to change the one -way direction on West Chippewa Street between South Elmwood and Georgia Street from westbound to eastbound. Due to the fact Georgia Street is presently one way westbound and Whitney Place is one way eastbound it would greatly increase the travel distance for vehicles destined for certain locations. In some instances it would take six blocks of travel instead of one block. Due to the consideration for emergency vehicle access and to avoid creating a confusing network of one -way streets, this department recommends that the proposed change does not take place. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 23 WILKES AVENUE; CONVERT TO ONE -WAY TRAFFIC (LOVEJOY DISTRICT) The Department of Public Works, Parks and Streets has reviewed the request to convert Wilkes Avenue from two -way to one -way traffic from Easton Avenue to East Delavan Avenue. Due to the fact there are not many one -way streets in the area and converting Wilkes will not drastically affect traffic flow, this department has no objection. However, this department requires a petition containing 75% of affected property owner's signatures whereas the petition submitted only contains 27 %. Once the overwhelming majority of property owners request it, this department will implement the desired conversion. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 26 DELHAM STREET; REMOVE ALTERNATE PARKING (DELAWARE DISTRICT) The Department of Public Works, Parks and Streets has reviewed the request to eliminate alternate parking on Delham Street. Although the vast majority of residents approve of allowing parking on both sides of the street this department hereby disapproves the proposed change. Because the Delham Street pavement is only 30' wide it would not be possible to properly conduct snow removal with parking allowed on both sides of the street. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 26 RETURN ICE SKATING TO HOYT LAKE ITEM NO. 104, C.C.P. 10/02/07 The referenced item was referred to this department for comment. While this department is interested in having ice - skating on Hoyt Lake, we have concerns about available funding and public safety. Personnel would be needed to verify that the ice is thick enough to allow people to skate, to clear snow from the skating area and to monitor the area while skating is open to the public. Our budget does not have the funds to cover the personnel cost. Because Hoyt Lake is exposed to the elements, the ice surface will not be as smooth as an indoor rink or a controlled outdoor rink such as Rotary Rink in downtown Buffalo. This will increase the risk to the skaters of tripping or catching their blades and possibly breaking a leg. Unlike public pools, Hoyt Lake is not enclosed with a fence. People may try skating after hours. No one would be there in the event of an accident such as a skater falling through the ice. REFERRED TO THE COMMITTEE ON FINANCE NO. 27 CERTIFICATE OF APPOINTMENT Appointment Effective October 11,2007 in the Department of Public Work Division of Street to the Position of Equipment Operator Temporary Appointment, Maximum starting salary of $31,838 Robert Hussar, 9 Tennessee St., Buffalo 14204 Jeffrey Tamsen, 42 Eugene St., Buffalo 14214 NO. 28 CERTIFICATE OF APPOINTMENT Appointment Effective October 11, 20007 in the Department of Public Works Division of Streets to the Position of Truck Driver Temporary Appointment at the Maximum starting salary of $30,373 Gregory R. Wagner, 16 Augusta St., Buffalo 14220 NO. 29 CERTIFICATE OF APPOINTMENT Reinstatement Effective September 25, 2007 in the Department of Public Works, Parks & Streets, Division of Streets to the position of Truck Driver, Permanent at the starting salary of $29,216 Danny Sanders, 40 Fosdick St., Buffalo 14209 y :IQ Vi11111. 1 NE9161 LVihVi1 1.1-11 IQ 0 1 14:Zo101e1I IN o NO. 30 APPROVAL TO DISPOSE OF OLD EQUIPMENT The Buffalo Police Department hereby requests permission from your honorable body to dispose of the following old, unusable computer and photography equipment: ITEM /DESCRIPTION PURCHASE DATE DATA PROCESSING KEYBOARDS /MONITORS AUGUST 1991 MICROWAVE VIDEO LINK FOR BROADCASTING JUNE 1990 FILING & RETRIEVAL FILE SERVER AUGUST 1989 FOUR CHANNEL RECORDER FOR BROADCASTING DECEMBER 1990 CENTRAL PROCESSOR UNIT JANUARY 1992 DISK CONTROLLER DISK DRIVE JANUARY 1992 TAPE DRIVE W /CONTROLLER NOVEMBER 1994 DISK CONTROLLER DISK DRIVE JUNE 1992 CENTRAL PROCESSOR UNIT JUNE 1992 TAPE DRIVE W /CONTROLLER JUNE 1992 FULL COLOR COPIER JUNE 1993 DATA PROCESSING COMPUTER JANUARY 1994 MULTI PROTOCOL ROUTER NOVEMBER 1995 SIX (6) CPU PROCESSING SERVERS MAY 1997 OFFSET PRINTING PRESS OCTOBER 1986 PHOTO FILM PROCESSOR SEPTEMBER 1987 PHOTO COLOR FILM PROCESSOR SEPTEMBER 1987 PHOTO MINI PRINTER SEPTEMBER 1987 MAPPING PLOTTER AUGUST 1998 CPU INVESTIGATIVE WORKSTATION JULY 2000 KREONITE PRO -PRINT MINI PRINTER JULY 2000 All of the above items are no longer in use, are antiquated, and have no remaining value. All items are listed on the asset list of Police Department equipment(Fixed Asset System) and had a value of $10,000 or more when originally purchased. REFERRED TO THE COMMITTEE ON FINANCE, and Department of A &F FROM THE CORPORATION COUNSEL NO. 31 MUNICIPAL CODE VIOLATIONS REPORT (ITEM NO. 95, C.C.P. 2/21/06) Your Honorable Body has asked the Bureau of Administrative Adjudication to file a monthly report indicating the total number of violations cited by the violation type for each department, division and /or office charged with issuing violation notices. Attached are the requested reports for violations cited during the months of July and August 2007. As you can see from the attached reports, 1,284 summonses were issued in July and 1,998 summonses (55% increase) were issued in August by the various departments. This is a 115% increase from June. COPY AVAILABLE AT THE CITY CLERKS OFFICE FOR REVIEW RECEIVED AND FILED FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 32 FOOD STORE LICENSE 1069 FERRY EAST (FILLMORE) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1069 Ferry East (City 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 (granted a 6 month conditional approval provided they maintain a trouble free location) 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. 33 FOOD STORE LICENSE 278 TRENTON (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 278 Trenton (Trenton Food Market) and find that as to form is correct. I have caused an investigation into the premises for winch 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 (granted a 6 month conditional approval provided they maintain a trouble flee location) 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 appropriate. Mr. Bonifacio moved: That the Commissioner of Economic Development Permits and Inspections Services is authorized to grant a Food Store License to Ali Alhamidi at 278 Trenton Street (Trenton Food Market) pursuant to chapter 194 of the City code. PASSED AYES - 9 NOES — 0 NO. 34 PROPOSED TRANSFER OF OWNERSHIP ADAM'S MARK HOTEL Attached is a "Term Sheet that I received via e-mail last night regarding the proposed sale of the Adam's Mark Hotel to the Oxford Lodging group. The Term Sheet is the result of a number of conversations between the City of Buffalo and BURA and the current owner and the prospective owner of the hotel. The parties are planning on closing the deal on October 31, 2007. The approval of both BURA and the Common Council are required to allow the deal to close. I respectfully request that this item be accepted for late filing at today's meeting of the Common Council and referred to the appropriate committee where this item will be presented for consideration. COPY AVAIABLE AT THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON FINANCE NO. 35 SIDEWALK CAFE LICENSE 79 CHIPPEWA WEST (ELLICOTT) The Common Council approved a sidewalk cafe for the restaurant located at 79 Chippewa West in the year 2001. The restaurant, formerly known as McMonkeez is now owned by Lorrie A. Davis (Vodka). Ms. Davis has requested permission to install a similar cafe. The Department of Permit & Inspection Services has no objection to you Honorable Body authorizing the Commissioner to issue a "mere license" to encroach City right of way provided all conditions in the above mentioned approval are met. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 36 UTILIZING BUFFALO SPECIAL POLICE TO ASSIST WITH QUALITY OF LIFE ISSUES CCP #103 09/18/2007 You have referred the above item for a comment from me. If approved, this item would purport to authorize the Buffalo Special Police to write quality of life tickets. I expect Local 2651 will state its own position about this item that would authorize volunteers to perform work now undertaken by represented members. I wish to point out that building inspectors are required take a state mandated training course that involves approximately 240 hours of class room work, to pass a state exam and to take 24 hours of continuing education courses each year. Many of the "quality of life" complaints that we receive in fact involve an assortment of issues from tall grass to issues impacting the structural integrity of buildings. Verbal warnings, letters of violations, tickets, stop work orders and housing court summons are used based upon the circumstances and in compliance with Administrative Order 2007 - 011. Chiefs review the decisions of inspectors and discuss Departmental policy with staff. I do not believe we could achieve the desired uniformity, consistent policy and oversight over a volunteer work force. The volunteers could not be expected to understand or properly respond to building code issues. Finally, it would be virtually impossible to establish a coordinated approach to code violation complaints. Requests for service on the same property would, in at least some instances, be directed to both my department and the volunteers. This would lead to duplicate citations for the same offense. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE CITY CLERK No. 37 Notice of Intention Dedication and Street Naming Sydni Lane, Sycamore Village Subdivision Proj (PW)(CCP# 87,9/18,CCP# 31 Per your Resolution, this is to advise you that a public hearing for the above item is set for October 16, 2007 at 2:00 pm in the Council Chambers and will be advertised in the Buffalo News on Friday October 5, 2007 and Friday October 12, 2007 Notice of Intention - Dedication and Street Naming Sydni Lane, Sycamore Village Subdivision Proj (PW)(CCP# 87,9/18, CCP# 31, 9 /4)(Hrg 10/16) 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. Golombek the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances Mr Davis Mr. Bonifacio now moved that the hearing be closed. Seconded by Mrs Russell CARRIED Mr. Bonifacio now moved approval of said item. Seconded by Mr Davis Mr. Bonifacio moved: That the above communication from the City Clerk dated October 10, 2007 be received and filed; and That, after a public hearing held on October 16, 2007, the Common Council hereby approves and dedicates the prospective right -of -way detailed and set forth in Item No. 31, C.C.P., September 4, 2007 as Sydni Lane. PASSED AYES — 9 NOES — 0 NO. 38 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 88 W Chippewa Street Chipdel Corporation James Alfieri 2022 Seneca Street Francesca's Italian Cuisine Mary Anne Marchione RECEIVED AND FILED No. 39 Leaves of Absence Without Pay as I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments listed: Public Works, Streets & Parks- Kenyetta Gray, James Rusin Police- Dana Goron Fire- Christopher Moore RECEIVED AND FILED. No. 40 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. 41 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 10/11/07 in the Department of Streets to the Position of Laborer 11 Seasonal Appointment Flat Starting Salary of $8.15 Clayton Maynard 106 East Morris Buffalo, NY 14214 No. 42 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: 10/15/07 in the Department of Fire Division of Fire to the Position of Account Clerk Typist Provisional Open- Competitive Minimum Starting Salary of $26,270 Elizabeth Lewis 146 Choate Ave Buffalo NY 14220 Certificate of Appointment Appointment Effective: 09/17/07 in the Department of Community Services Division of Substance Abuse Services to the Position of Reimbursement Specialist Provisional Appointment Minimum Starting Salary of $28,415 Franklin SM Carter 10 Avery Ave Buffalo NY 14216 Certificate of Appointment Appointment Effective:1 0/11/2007 in the Department of Public Works Division of Streets to the Position of Truck Driver Provisional Appointment Minimum Starting Salary of $27,464 Carmen Pace 230 Tacoma Ave Buffalo, NY 14216 Certificate of Appointment Appointment Effective: 10/02/2007 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer Temporary Appointment Flat Starting Salary of $10.25 Keith Rathbun 239 Cumberland Ave Buffalo 14220 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS No. 43 Buffalo Maritime Museum Project / Lake Erie Schooner Exhibit Please file this packet regarding the Buffalo Maritime Museum Project / Lake Erie Schooner Exhibit for the next regular meeting of the Common Council on Tuesday October 16, 2007. Copy available in the City Clerks Office for review REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, DEPARTMENT OF ECONOMIC DEVELOPMENT NO. 44 BOARD PACKET DOCUMENTS Attached are the following documents from the Joint Schools Construction Board meeting scheduled on October 1, 2007: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated September 10, 2007 3. Fully Executed Phase II Application and Certificate for Payment No. 35 - August 2007 4. Phase II Application and Certificate for Payment No. 36- September 2007 5. Phase III Application and Certificate for Payment No. 6 - September 2007. Program Packaging and Development Services (PPDS) Provider Update 7. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum I Phase II Project - August 2007 8. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase II I Project - August 2007 9. Buffalo Niagara JOBS Initiative Update REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 45 Opposition to sale /reuse of 390 Hudson Street to Friends of the Night People As president of the Allentown Association, I'm writing to you today to communicate the Allentown Association's unilateral opposition to the reuse of 390 Hudson Street as a parking lot and its sale to the Friends of the Night People. The Allentown Association is opposed for the following reasons: 1. Loss of on- street parking for Hudson Street residents. The creation of a parking lot would diminish the on- street parking available to residents. This would be a further blow to the neighborhood as a year ago, the city -owned parking lot on Wadsworth and Hudson Sts. was privatized and residents no longer have access to that parking area. Parking is now at an absolute premium and the neighborhood cannot afford to lose any more parking spaces, especially since there is no on- street parking on Wadsworth Street at any time. Even the loss of one on- street parking space is completely unacceptable to the residents of Hudson Street. It could mean the difference of an elderly resident having to carry their groceries further or an ill resident having to walk further. 2. Inappropriate development and land use for Allentown. The Allentown Historic Preservation District is a densely - built area noted for its historic architecture. It is absolutely an inappropriate use to create a parking lot. Not only does this set a negative Allentown precedent, it is not the highest and best laud use for the land. The Allentown Association feels that the land could be used to expand the house on the south on Hudson Street (388), possibly for an addition to that house. Or possibly construction of a new house on the site. In the interim, a community garden would be a fine use until a permanent solution can be found. A parking lot, on the other hand, is an absolutely inappropriate use for the land, especially one so close and visible from Wadsworth /Allen Street, the backbone of the Allentown community. 3. Opposition to the expansion of Friends of the Night People operations in the Allentown neighborhood. While the Association is supportive of the principle of the mission of Friends of the Night People, its negative impact on the Allentown community cannot go unchallenged. The houses along Wadsworth Street are largely abandoned and derelict. As a long -time board member and now leader of the Allentown Association, I have met with most of the property owners along Wadsworth Street. Many of them have left the area because of the negative impact caused by behaviors of the Friends of the Night people' s clients. The subsequent poor condition of the properties on Wadsworth, and to some extent on Hudson Street, has had a compounding negative effect on the entire Allentown community. The fact that Friends of the Night People is attempting to buy and create a parking lot adjacent to their structure at 394 Hudson Street strongly suggests that the building no longer meets their requirements. This is further evidenced by the poor quality vinyl windows that were installed in the building several years ago. Not only are these windows very visible from Allen Street, but neighbors wonder why they are held to a standard for their own homes in a preservation district to which Friends of the Night People is not. Again, if Friends of the Night People does not have the resources to maintain their building to the standards of Buffalo building and preservation codes, there are countless buildings outside of a preservation district that could host their organization. Similarly, the structure at 394 Hudson Street no longer meets the parking requirements of Friends of the Night People. Their volunteers and support organizations (Planned Parenthood, etc.) park illegally on the sidewalk and near Wadsworth Street, creating a safety hazard for the surrounding community. Under no circumstances should Friends of the Night People be allowed to purchase and create a parking lot at 390 Hudson Street and exacerbate their negative impact to Allentown, as articulated by the reasons above. If you have any questions or require additional explanation, please feel free to contact me. REFERRED TO THE COMMITTEE ON FINANCE NO. 46 Mrs. Freda Daniels' Auto Accident Claim Please file the attached item for further discussion at the next Common Council session to be held October 16, 2007. Thank you in advance for your assistance with this matter. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON CLAIMS NO. 47 Legal Aid Bureau September 2007 Monthly Report Please file the attached item for further discussion at the next Common Council session to be held October 16, 2007. Thank you in advance for your assistance with this matter. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW RECEIVED AND FILED NO. 48 OPERATION SAVE NEW YORK My name is Brendan Biddlecom and I am the Program Manager at Energy Curtailment Specialists, Inc. (ECS), a Buffalo - based energy company that is the largest Demand Response Provider in the United States. The reason I am writing is because I have been in contact with Paul Wolf about the possibility of enrolling eligible City of Buffalo facilities in our demand response program, "Operation Save New York." If unfamiliar, demand response is a viable resource option for reducing peak electricity to help stabilize the power grid during supply shortages. This much needed capability comes to New York at a time when additional capacity is necessary in the face of increasing demand for electricity and the likelihood of continued shortfalls. We currently manage a portfolio of resources that represents over 50% of the New York State's demand response reserves, or approximately 600 MW's of electricity. Participants come from a variety of industries including all areas of the manufacturing sector, school systems, hotels, healthcare facilities and various municipal /governmental entities. By participating in "Operation Save New York ", ECS pays you significant dollars for agreeing in advance to reduce some level of your power usage on "peak usage" days. Notification takes place a day in advance, with participants being contacted via phone, fax, e-mail, pager etc. Once this notice is received, the participant will typically prepare for reducing their electric use on the following day. This may involve shifting production schedules (if manufacturer /industrial), notifying staff, switching to secondary power sources, initiating HVAC shut downs /reductions, etc. Long before a call for a reduction is ever made, ECS will provide you with insight as to what loads yield the most reduction. ECS will also provide a demand response audit at the facility as needed or requested by the participant. A few other notable items: • You are paid a minimum guaranteed amount per kilowatt annually based on the amount of the committed curtailable load or reduced electric (capacity payment). This "curtailment" results from load shedding (reduction) and /or the operation of on -site generation. • You also qualify for additional payments based on the amount actually reduced and the duration of that curtailment, during an energy emergency (energy payment). You are paid just as if you are a power plant selling electricity to the NYISO. • There is no cost to participate! You will never pay a dime for metering, enrolling, or anything else. In fact, if you have an on -site generator and you are running it as part of your participation in this program, ECS even reimburses you for the fuel expense (natural gas or diesel) associated with doing so. • Historically, there has only been between 2 and 4 requests for reduction per year, from a minimum of 1 hour to a maximum of 4 hours on those days. • If you reduce electricity as requested for only I hour in the winter and 1 hour in the summer, you will be paid your capacity payment. If the call is for 3 hours and you only perform for 1 hour, you may be affected in future periods by being de- rated, but you will receive the capacity payment because you performed the 1 hour necessary. • No financial penalties for non - performance. If we call on you to curtail power and you don't, you will never be financially penalized by us. ECS does not impose financial penalties for non - performance. You will never be billed or charged back for failing to meet your curtailment objective. • If you fail to perform, but do perform to some degree, you are still paid for how much you curtail. In other words, it is not all or nothing. The effect of failing to continually perform is that we may not ask you to remain in the program in later periods and you may be de -rated for the next seasonal periods. • There have been periods of time when NYISO didn't call a test or event at all. If no emergency event or test is called by NYISO, you still receive payment without any action on your part! • We install interval metering at your facility free of charge. Also, there are no monthly service, data hosting or maintenance charges associated with the meter. This easily installed metering provides data you can utilize to more effectively manage your facility's energy usage. There is no interruption to your facility during installation of the meter. Attached you will find recommendation letters from several of our more notable clients, as well as a few other supporting documents. As you review this literature, please consider that ECS has a distinguished track - record in the field of Demand Response, working with high profile customers like Wal -Mart, Alcoa, and the Marriott Corporation. Our experience, especially as it relates to New York's programs, is exemplified by the fact that among our management and advisory team are William Flynn (recently retired Public Service Commission Chairman in New York State), Paul Afonso (recently retired Chairman of the Massachusetts Department of Public Utilities), Marie Picniazek (former management at NYISO that helped develop and analyze the demand curve in New York State) and Robert Boyle (former management within NYISO Market Monitoring Division). Throughout the past few years, as NYISO has looked to modify the rules pertaining to the SCR program, ECS has played the lead role from the demand response provider perspective, filing comments and holding meetings and conference calls as necessary to advocate the expansion rather than the restriction, of demand response in New York and elsewhere. Our experiences have warranted attention on both the national and international scale as well. We have personally met with all five FERC commissioners and in fact had Commissioner Jon Wellinghoff visit our office for an entire day to find out how we operate and how he can assist us at FERC. Internationally, we have been asked by the Irish and Canadian governments to assist them in their demand response initiatives. The point is that there is no other provider with more experience or success than Energy Curtailment Specialists, Inc. If you have any other questions, please don't hesitate to contact me. Otherwise, please let me know when we can take this conversation to the next level. If necessary, I'd be more than happy to come to council chambers to present the program, or if you'd prefer, we can set up a teleconference to go over the program in more detail. REFERRED TO THE COMMITTEE ON FINANCE AND COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 49 BUFFALO'S POPULATION I think the time has come where we can all say that Buffalo's population loss has been catastrophic for the entire region. We may debate the causes, but there is no question about the result. Shattered neighborhoods, loss of services, and palpable declines in quality of life characterize the majority of our neighborhoods. Unless we make repairs at this base level, we stand little chance of regaining our position as one of this nation's great cities. Great urban environments are what all successful cities have in common and they're not that hard to describe. Housing is an essential characteristic, of course, but successful neighborhoods feature dynamic commercial districts that provide a sense of community and definition, and ensure that services are readily available to residents without having to leave the neighborhood. Green space and public spaces are abundant and connected to the districts and there is so much activity that crime is dramatically reduced. Commercial districts also reflect the demographic nature of the area and don't require affluence as a foundation. Finally, they provide significant economic opportunity for everyone from teenagers to seniors. My contention is that our neighborhood commercial districts are profoundly important to rebuilding our neighborhoods at a micro level, but our city as whole. It is a primary means of addressing job creation, economic opportunity, and building the tax base. Consider: 1. Entrepreneurial opportunity and job creation - Collectively, small local businesses are the largest employer nationally and in our community, and provide the most new jobs to residents. We can best support the aspirations and dreams of our community by enhancing local entrepreneurial opportunities, especially in neighborhood commercial districts. 2. Circulating money - when purchases are made at locally owned businesses, more money is kept in the community because these businesses often purchase from other local businesses, service providers and farms. Studies indicate that a locally spent dollar circulates 6 -15 times in the local economy as opposed to once or twice for the dollar spent in a national chain. 3. Creating character and definition - Neighborhood commercial districts are integral to developing distinctive character. That character is what brings and keeps people in our neighborhoods. 4. Reduced environmental impact - Neighborhood commercial districts usually make more local purchases requiring less transportation. Their location in neighborhoods means less sprawl, congestion, habitat loss and pollution. 5. Enhanced community investment and involvement - Local business owners live in this community, are less likely to leave, and are more invested in the community's future. 6. Attracting new residents - A growing body of economic research shows that entrepreneurs and skilled workers are more likely to invest and settle in areas that preserve one -of -a -kind businesses and distinctive character. 7. Public benefits far outweigh public costs - Neighborhood commercial districts require comparatively little infrastructure investment and make more efficient use of public services compared to nationally owned stores entering the community. 8. Competition and diversity leads to more choice - Marketplaces of multiple small businesses is the best way to ensure innovation and low prices over the long -term. Neighborhood products based not on a national sales plan but on their own interests and the needs of their local customers, guarantees a much broader range of product choices. Given the points made above, I'm willing to say that no single factor is more important to our neighborhoods than the success of their commercial districts. What's more, I believe no sustainable progress can be made on other fronts unless this factor is addressed. The question now becomes, how do we best support, develop and nurture our neighborhood commercial districts? The answer is not to reinvent the wheel, but to apply a proven methodology that has worked in cities across the nation. To that end, I advocate the adoption of the "Main Street" approach as defined by the National Trust for Historic Preservation. My suggestion is that the City's erstwhile economic development not - for - profit, the Buffalo Economic Renaissance Corporation, immediately be transformed into an organization supporting and developing Main Street organizations in each of our neighborhood commercial districts. While you can research the Main Street concept outside the contents of this letter, let me provide some of the primary tenets of the program (freely adapted from the program description at www.mainstreet.org): Organization involves getting everyone working toward the same goal and assembling the appropriate human and financial resources to implement a Main Street revitalization program. Supported by BERC, this would be an easier achievement than most such organizations have. Promotion sells a positive image of the district. By marketing unique characteristics, an effective promotional strategy forges a positive image through advertising, retail promotional activity, special events, and marketing campaigns carried out by local volunteers (a key element and one of our City's best assets). These activities improve consumer and investor confidence and encourage commercial activity and investment in the area. Streetscape involves getting the district into top physical shape. Capitalizing on assets - -such as historic buildings and pedestrian- oriented streets - -is just part of the story. An inviting atmosphere, created through attractive window displays, parking areas, building improvements, street furniture, signage, sidewalks, lighting and landscaping, conveys a positive visual message. Design activities also include instilling good maintenance practices, enhancing the physical appearance by rehabilitating buildings, encouraging appropriate new construction, developing sensitive design management systems, and long -term planning. Economic Restructuring strengthens the district's existing assets while expanding and diversifying its economic base. The program helps recruit compatible new businesses to build a commercial district that responds to contemporary needs. Converting unused or underused commercial space into economically productive property also boosts the municipal tax base. As I said, this is not an exercise in reinventing the wheel. I suggest creating Main Street organizations throughout the city and supporting them in the same manner as is done in Boston, MA (see www.cityofboston.gov /mainstreets) where a significant portion of CDBG funds are committed Main Streets program. Funding is provided in four basic categories: program overhead, physical improvements, technical assistance and promotion. In Boston, individual programs are also teamed up with "corporate buddies" that contributes $5,000410,000 each year to operational expenses, as well as access to technical resources such as printing, marketing assistance, and volunteer projects. The Boston project has yielded some impressive results in the last decade, including: • 580 new businesses and nearly 4,000 new jobs, • over 165,000 volunteer hours, • 597 storefront improvement projects, • 741 businesses receiving design assistance, and • over $10 million private investment leveraged with program grants, I'm convinced we could equal or exceed those results here in Buffalo. This administration and council appears firmly rooted in a reactive mode. A problem is not noticed unless reported into CitiStat's reaction mechanism. Thus, we treat symptoms alone, and act as a municipal emergency room. As any expert will testify, this is the most expensive method of healthcare delivery and one which supports a perpetual cycle that drains resources away from addressing root causes. Incarceration, demolition, and public support of large -scale private enterprise are the municipal equivalents of open heart surgery. Now, we must build on initiatives such as CitiStat and take them to their logical conclusion with organic governmental structures, that include ties into the neighborhoods through mechanisms such as "Main Street" networks. Until we commit to encouraging healthy urban life, we will waste diminishing resources and continue to betray our children and all those who come after us. The last four decades have seen us employ little creativity in efforts to reverse negative trends. We've become generic recipients of generic state and federal aid and, in the process, lost our identity as a city and become fully engulfed in the poverty industry. We are now the municipal equivalent of the individual who buys scads of lottery tickets, lowers expectations for children, doesn't read books, has limited understanding and exposure to the surrounding world, and doesn't notice the slow, but steady, deterioration of his house and neighborhood. It's time for us to get up from the QuickDraw table, wipe the sand out of our eyes, accept our responsibility for the health and welfare of future generations, and fix up our house. Thank you for your attention. I hope we can discuss this strategy further and I'm available to contribute to such discussion at any time. It is, in fact, my hope that I can present this issue in detail to the Council's Community Development Committee. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT,COMMISSIONER OF ECONOMIC DEVELOPMENT, DEPARTMENT OF PERMITS & INSPECTIONS AND OFFICE OF STRATEGIC PLANNING NO. 50 BUFFALO FIRE MUSEUM 25 ANNIVERSARY On behalf of the Buffalo Fire Historical Society, I would like to thank all the members of the Common Council for the very pleasant surprise at our General Meeting Wednesday, September 19, 2007. It is a great honor to be acknowledged by your distinguished members for the 25 years of work that so many of our volunteers have accomplished in making our Fire Museum one of the best in the country. The Proclamation lists some of our artifacts, however ! would like to add that the Fire Museum has one of the most extensive varieties of memorabilia anywhere in the country. We invite you, your family, friends and associates to visit our Fire Museum. Although we are officially open on Saturdays, we would be glad to open for a special tour during the week, when it is convenient for any and all. The Fire Museum is not only a history of the Fire Department, but also a history of the progress of the City of Buffalo. A special thank you to South District Council Member Michael P. Kearns who presented our Fire Museum with the Proclamation naming September 15, 2007 as "The Buffalo Fire Historical Society Day" in the City of Buffalo. Thank you, also to Lovejoy District Council Member, Richard A. Fontana and City Clerk, Gerald Chwalinski. We will display this Proclamation proudly. RECEIVED AND FILED NO. 51 MICHAEL CERRONE TRUSTEE --VILLAGE OF HAMBURG RESOLUTION WHEREAS, the Village of Hamburg is a municipality of about 10,000 residents approximately 10 miles from the southern border of the City of Buffalo; WHEREAS, the New York State Department of Transportation ( "NYSDOT ") is currently reconstructing Routes 62 and 391 in the Village of Hamburg; WHEREAS, the NYSDOT's reconstruction plan for Routes 62 and 391 in the Village of Hamburg utilizes a state -of- the -art context - sensitive design which includes four modem roundabouts replacing six outdated and inefficient traffic signals, narrow 10 -feet wide travel lanes, bike lanes, widened sidewalks, the retention of on- street parking, inset parking with curb extensions, several mid -block pedestrian crossings, and the transformation of acres of asphalt into three new green spaces, among other progressive design features; WHEREAS, the NYSDOT, through their reconstruction design for Routes 62 and 391 in the Village of Hamburg, has recognized that good road design that accommodates the needs of all users, motorists, pedestrians, and bicyclists, can be a catalyst for revitalization and economic development; WHEREAS, the NYSDOT is planning to reconstruct Route 5 in the southern portion of the City of Buffalo; WHEREAS, the NYSDOT offered three options for the reconstruction: (1) reconstruct the roadway as is; (2) eliminate the raised portion of the highway and the adjacent Fuhrmann Boulevard and replace both roads with a single at -grade boulevard; or (3) reconstruct the raised roadway essentially as is while reconstructing Fuhrmann Boulevard as a two -way parkway on the west side of Route 5; WHEREAS, the NYSDOT has chosen option 3; WHEREAS, evidence from several cities across the globe has shown that replacement of waterfront elevated highways with at -grade boulevards results in the reintegration of the city to the waterfront and is the catalyst for hundreds of millions of dollars of waterfront development; WHEREAS, Buffalo's waterfront is currently occupied largely by abandoned industrial buildings and vacant or polluted land; WHEREAS, the lack of development along Buffalo's waterfront is caused, in large part, by the existence of the raised portion of Route 5 which acts as a barrier between the City of Buffalo and the waterfront; WHEREAS, Western New York has a once in a lifetime opportunity to transform its waterfront from a relic of the industrial age to a modern, vibrant, and successful waterfront that can be the catalyst for the revival of the Buffalo area; WHEREAS, construction of the boulevard option for Route 5 will allow Western New York to capitalize on this opportunity; WHEREAS, the residents of the Village of Hamburg use Route 5 to drive to and from the City of Buffalo; WHEREAS, the residents of the Village of Hamburg desire to see a vibrant and accessible waterfront in the City of Buffalo; WHEREAS, the residents of the Village of Hamburg believe that the revitalization of the City of Buffalo is necessary to the survival of the entire region; In consideration of the foregoing, IT IS HEREBY RESOLVED THAT, the NYSDOT should reconsider its chosen design option and instead choose to reconstruct Route 5 using the boulevard option; and it is further RESOLVED THAT, copies of this resolution shall be transmitted by the Clerk to the NYSDOT Regional Office, the offices of United States Senators Hillary Clinton and Charles Schumer, United States Representative Brian Higgins, New York State Senator William Stachowski, and New York State Assemblyman Jack Quinn. REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT, THE DEPARTMENT OF PUBLIC WORKS, PARKS AND STREETS AND OFFICE OF STRATEGIC PLANNING NO. 52 M. KEARNS SOUTHTOWNS CONNECTOR PHASE I I would like to file the attached information for the next Common Council meeting to be held on October 2, 2007. Thank you. Correspondence available for review in The City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT, THE DEPARTMENT OF PUBLIC WORKS, PARKS AND STREETS AND OFFICE OF STRATEGIC PLANNING NO. 53 M. KEARNS- LETTER TO GOV SPITZER NYSDOT SOUTHTOWNS CONNECTOR PROPOSAL I would like to file the attached information for the next Common Council meeting to be held on October 2, 2007. Thank you. Dear Governor Spitzer: As members of the City of Buffalo Common Council, we formally request that you focus your immediate attention on the New York State Department of Transportation ( NYSDOT) Southtowns Connector proposal. We believe that the plan and the "Modified Improvement" alternative advanced by NYSDOT are deeply flawed and not in the best interest of the City of Buffalo and the Western New York region's taxpayers, businesses aria residents." Earlier this month, we introduced a resolution of the Common Council, as a formal objection to the NYSDOT "Modified Improvement" alternative proposal and declared our support for the proposed "Boulevard" alternative. We subsequently requested that NYSDOT reconsider its plan for this project. We believe that the NYSDOT does not share our goal of creating the access necessary to make the Outer Harbor a destination, providing a welcoming environment for pedestrian and bicycle use, nor does it share our vision of an impressive, valuable waterfront. If the department did, the "Modified Improvement" alternative would not be the plan of choice. As it stands, this alternative gives our area essentially a landscaped version of what already exists. In addition to an expanded frontage road, this alternative maintains a separate, high- speed, limited- access highway, which is only compatible with low- value, suburban -style development. Our vision is greater. The Southtowns Connector EIS considered a "Boulevard" alternative that offers an opportunity for our vision to be realized. An urban boulevard would enable higher -value development and better access to the waterfront from downtown and nearby city neighborhoods. It would bring Route 5 down to surface level as a boulevard that could be connected with a street system. This would allow for more valuable land to be developed instead of wasted on oversized roads, interchanges, driveways, and surface parking lots. We have yet to find an example of a successful waterfront with a street system similar to what the NYSDOT is proposing. In addition, a switch to the "Boulevard" alternative allows for the future removal of the Skyway Bridge. We have heard overwhelming public support for the replacement of this limited- access bridge with an at -grade crossing that could accommodate pedestrians and bicyclists, as well as automobiles. The Skyway Bridge is currently under study to determine options for its future, which should include an exploration of downsizing to an at -grade facility. Although recent letters from NYSDOT officials have taken pains to assure members of the Buffalo Common Council and other elected leaders that its current plans for the Southtowns Connector will not preclude any options for the Skyway Bridge (into which the preferred alternative's Route 5 highway feeds), these letters also emphasize that the NYSDOT's decision to maintain Route 5 as a limited- access highway is based, in part, on a strong desire to maintain a high -speed freeway connection between the waterfront and the Interstate system. The only conclusions that can be drawn are that the Skyway Bridge would be maintained as an elevated highway or replaced with a similar grade- separated highway, both of which are unacceptable, unpopular and have damaging outcomes for downtown Buffalo and the Outer Harbor. It seems best to wait until the findings of the Skyway Bridge study are released and properly considered before making any decision about the related Southtowns Connector project. A project of this size and importance to the future of our city ought to adequately consult the local community and be presented to the Buffalo Common Council. Moreover, the NYSDOT has repeatedly discussed the potential for loss of funding and time delays. It is our understanding that monies secured by Senators Schumer and Clinton and Congressman Higgins in the 2005 SAFETEA -LU will not be lost, regardless of the project's commencement or completion date. This funding will be available to the City of Buffalo Southtowns Connector project until it is spent or Congress itself rescinds it; therefore, it is essential that we take the time to consider the matters that are truly at stake. Buffalo is beautiful, complex and diverse; it was once one of America's richest cities. However, it lost nearly 323,000 residents between 1950 and 2000, due in large part to urban renewal and deindustrialization. Since World War II and Robert Moses's tenure at the NY State Thruway Authority, the New York State government has repeatedly imposed highway infrastructure -on Buffalo that has significant/ damaged the city and its economy. Now, Buffalo's entire waterfront, north and south, is separated from the fabric of the city by large, concrete, grade- separated highways. Furthermore, we know you to be a progressive thinker and visionary, and our city needs and deserves a plan that allows the Outer Harbor, Kelly Island and the neighborhoods along the Buffalo River to achieve their full potential. Please join us in rebuilding Buffalo into the rich and valuable city it once was and surely can be. The dismal, dreadful plan being pushed by NYSDOT will set back Buffalo's efforts to help itself out of deficit and decline. Therefore, we ask that you: • Personally review the Southtowns Connector alternatives and allow us to present you our concerns face -to -face. • Direct Commissioner Glynn to refrain from letting bids on the NYSDOT "Modified Improvement" alternative, and instead let bids on the "Boulevard" option. The "Boulevard" alternative satisfied the requirements within the EIS and, with design modifications, could support the revitalization of Buffalo's waterfront. • Clarify to the public that the funding available for the waterfront will not disappear, regardless of which alternative is chosen or the project start date. Please feel free to contact our offices at (716) 851 -5169 or (716) 851 -4138 to discuss this further. We welcome the opportunity for meaningful dialogue on this important matter. Council President, Fillmore District REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT, THE DEPARTMENT OF PUBLIC WORKS, PARKS AND STREETS AND THE OFFICE OF STRATEGIC PLANNING NO. 54 M. KEARNS- REVITALIZING BUFFALO'S WATERFRONT I would like to file the attached information for the next Common Council meeting to be held on October 2, 2007. Thank you. Pictures available for review in The City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT AND THE DEPORTMENT OF PUBLIC WORKS, PARKS AND STREETS NO. 55 M. KEARNS LEAGUE OF WOMEN VOTERS I would like to file the attached information for the next Common Council meeting to be held on October 16, 2007. Thank you. Item too poor to scan and is available for review in The City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT AND THE DEPORTMENT OF PUBLIC WORKS, PARKS AND STREETS NO. 56 M. KEARNS - WATERFRONT ROAD PROJECT LETTER TO GOV. SPITZER I would like to file the attached information for the next Common Council meeting to be held on October 16, 2007. Thank you. REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVE.. COMMISSIONER OF PUBLIC WORKS AND OFFICE OF STRATEGIC PLANNING NO. 57 M. MOORE- CLEANUP ACTIVITIES NEARING COMPLETION AT STEELFIELDS SITE Availability of Construction Closeout Report and Project Update New York State Department of Environmental Conservation (DEC) in cooperation with New York State Department of Health (DOH), is pleased to announce that construction activities to clean up the former Steelfields, Ltd. (Steelfields)site are nearing completion. DEC has received a Construction Closeout Report for work completed in Area 1 and is anticipating acceptance of the final document. The State is providing this bulletin to announce the availability of this document and satisfactory completion of the cleanup in Area 1 as well as to update the community on the status of the remainder of the site. Site Background In October, 2002 Steelfields, Ltd purchased several vacant industrial properties in Buffalo, New York out of bankruptcy from the LFV Steel and Hanna Furnace Corporation. At the same time, Steelfields entered in to a Voluntary Cleanup Agreement (VCA) with DEC. The subject property was broken up into four "Areas ", based on operational and ownership history. After the initial purchase and VCA, Steelfields, purchased the Former August Feine facility. Following the December 27, 2002 approval of a "Work Plan for Voluntary Cleanup Program Remedial Design /Remedial Action for the Former Steel and Coke Manufacturing Site ", dated September 2002, by Turnkey Environmental Restoration, work was started to clean up the four areas. Since that time there have been several project updates to the community from Steelfietds, the last in May of 2006. This update will continue from that time and summarize what has been completed since then. Progress to Date: When last updated the overall site remedial construction activities were about 90% complete. Major items remaining included; Area III blue stained soils excavation and treatment, Area III and IV tar excavation, disposal and backfill and completion of the Area II containment cell. At the time of the last update Area I remediation had been complete (2003) and final closeout reports and necessary documentation were being finalized. Construction Activities Completed: Work completed since the last update included; Remaining blue stained soils containing elevated inorganic and /or volatile organic compounds located in Area III were treated and placed in the containment cell in Area II; Remaining tar soils in Area III were excavated and disposed, off site, to facilities in Pennsylvania and Ohio. The site was backfilled with clean, off -site material and the surface prepared and seeded; Area IV remaining tar soils were removed and disposed of off -site; Completion of the Containment Cell in Area II; Groundwater monitoring wells installations in Area III & IV; and, RECEIVED AND FILED NO. 58 J. OSTROWSKI- PROPOSAL OF FREE NEW YORK, INC. TO PURCHASE THE FAIRFIELD LIBRARY Greetings: Free New York, Inc. hereby requests that the Common Council authorize us to purchase the Fairfield Library by appraisal, pursuant to the City Code and Charter. The city has already appraised the building at $75,000. Thus, the appraisal process is complete and all that remains is for the Council to approve the sale to us at that price. We are in the process of a fundraising drive to raise those funds and we are confident that we can do so by the end of January. We would ask for that amount of time to do so. (Obviously, this offer is subject to full disclosure of all possible environmental issues which may impact on the costs of renovation and our opportunity to inspect and obtain estimates of the cost of remediation.) As the City and Council are well aware by now, our primary use of the property would be to establish a Grover Cleveland Presidential Library on that site. We also intend to have our corporate offices there. Our corporate staff will double as staff for the Library. As things progress, we may use the building for other cultural tourism projects such as a Liberty Hall of Fame (a /k/a, Libertarian Hall of Fame). We have previously described our Library project in letters to the City and Council, on the internet and in the media. The Administration has issued a Request for Proposals containing a complex and onerous set of demands on potential purchasers. The term "request for proposal" does not appear in the city code or charter. The Charter and code clearly vests the power to sell property with the Council. The Council is under no legal obligation to abide by this RFP procedure. We also object to the requested fee of $150 as it does not appear to have a basis in law. Frankly, it is apparent to us that the RFP is so structured as to guarantee that only a wealthy and well - established developer could bid for this property. is ironically a typical example of how government regulations, while appearing to be well- intended, actually subtlety discriminate in favor of the wealthy and against those of more modest means. When I asked the Real Estate Department for the legal basis of the RFP, they quoted Section 27 -13. However, not only does that section not authorize the RFP process, it positively contradicts it. "Real property or any interest therein and appurtenances thereto belonging to or in the control of the city, necessary for or incidental to the clearance, replanning development or redevelopment, reconstruction and rehabilitation in substandard and unsanitary areas, or for urban renewal, may be sold or leased for a term not exceeding ninety -nine years, or otherwise disposed of, to any person, firm or corporation at public auction or by sealed bids at the highest marketable price or rental, when authorized by resolution of the council, which shall designate the officer to conduct such sale or lease together with the terms and conditions thereof. Notice of the time and place of auction or the date when bids will be received, with a brief description of the property or interest therein to be sold or leased, hall be published at least once each week for two weeks in the official publication of the city and in such other publication or publications specified by the council. Upon the receipt of such bids, the person designated to receive them shall forthwith report and certify to the council the highest marketable price or rental, and the council may thereupon, by a vote of three - fourths of its members, order the sale or lease." I am not aware of any Council resolution that authorized this process and I have made many inquires about this property for many months, including a formal inquiry that was placed on the Council's agenda. Whether or not this property is sold to an entity that fills out this RFP to the satisfaction of the Administration -- whatever that might mean as they have published no guidelines - -the buyer will of course be subject to all relevant laws including zoning, property maintenance, handicapped access, and environmental laws. We are frankly not happy at the manner in which our interest in this property has been handled. We were first told that the property had been sold. This turned out not to be the case. Rather, the Council had authorized a sale by appraisal to a private individual. The appraisal had not been obtained nor had it been approved by an administrative body, as were told must be done. Finally, the Council had unfettered discretion to approve or reject the sale. Apparently, this buyer lost interest in the property, leading us to renew our request for purchase. (We even offered to lease the property but were told that some state law forbade that. See Section 27 -13) However, suddenly and without explanation, after Free NY got involved, the City decided to change its course from the procedure outlined in the Charter to one not outlined in the Charter. We are concerned that this sudden change of policy may be based on the controversial nature of Free NY itself. If so, that would be clearly illegal under the First Amendment. The City may not discriminate against a group or individuals because of their political views, speech or associations. The Administration has clearly failed to handle this matter properly. The Council, however, has full legal authority to act. We urge them to do so without further delay. We are competing with other regions of the country and other nations where it doesn't take cons to complete relatively simple real estate transactions. It would be tragic if the City loses the opportunity to turn this splendid building into an important cultural institution and tourist attraction. We first expressed our interest in the Fairfield Library thirteen months ago. No progress has been made in that time toward a sale in spite of our numerous inquires. All the while, the building and grounds of the former Fairfield Library continue to decay and deteriorate. Let's not let the grass continue to grow under our feet, literally or figuratively. REFERRED TO THE COMMITTEE ON FINANCE NO. 59 APPEAL OF DENIAL OF CERTIFICATE OF EXCEPTION FOR PROPOSED IMPROVEMENTS TO 72 -76 PEARL STREET Dear Mr. Chwalinski: Please accept this letter as confirmation that the applicant, Pearl Street of ill & Brewery, waives the right to a public hearing with regard to this appeal of the denial of the request for a Certification of Exception Should you have any questions, comments or concerns, please do not hesitate to call me at the number indicated above. Very truly yours, The Knoer Group RECEIVED AND FILED PETITIONS NO. 60 T. KLENTOS, ELMWOOD, AKA 512 ELMWOOD, 510 -516 ELMWOOD FOR A CANOPY OVER THE ROW (NIA)( NO PUB HRG) REFERRED TO THE COMMIT'FEE ON LEGISLATION AND THE CORPORATION COUNSEL NO. 61 E. NOWAK, AGENT, USE 118 SCHILLER AKA 127 -135 OGDEN, NORTH FOR A HSF FOOD PANTRY (LOV)( NO PUB HRG) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL REGULAR COMMITTEES CLAIMS (MICHAEL P, KEARNS, CHAIRMAN) NO. 62 PERSONAL INJURY That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: A. 1 Gregory Olma V City and County $15,000.00 That a check be drawn on the account of Org 17221008 (48020) Judgment and ClaimS Prior Years, or (480204) Current Fiscal Year, payable to the respective claimant and his attorney, if any, herein above named, upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED AYES — BONIFACIO, FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LoCURTO — 6 NOES — DAVIS, RUSSELL, SMITH - 3 NO. 63 PERSONAL INJURY That upon the recommendation of the Corporation Counsel, the following action for personal injury arising out of alleged negligence on the part of the City of Buffalo, be comprised and settled: A -2 Lawrence Chojnicki $ 2,500.00 That a check be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimant and his attorneys, if any, herein above named, upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED AYES - 9 NOES -0 NO. 64 PROPERTY DAMAGE That, upon the recommendation of the Corporation Counsel, the following actions for property damages arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: B. 1. A. Gareleck & Sons v. O'Herron v. City $ 750.00 B. 2. Dale Bless $ 92.50 B. 3. Harold Hooper $122.12 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, In the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED AYES - 9 NOES -0 NO. 65 PROPERTY DAMAGE That the above item be, and the same hereby is returned to the Common Council without recommendation Kearns moved: B. 4..,., Joseph Komorowski $799.18 Mr. Kearns moved that the above item be recommitted to the Committee on Claims. ADOPTED. NO. 66 PROPERTY DAMAGE That, upon the recommendation of the Corporation Counsel, the following actions for property damages arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: B. 5 Pauline Kosmoski $24.00 That a check be drawn On the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED AYES - 9 NOES -0 NO. 67 PROPERTY DAMAGE That the above item be, and the same hereby is returned to the Common Council without recommendation Mr. Kearns moved that the above item be recommitted to the Committee on Claims. ADOPTED NO. 68 PROPERTY DAMAGE That, upon the recommendation of the Corporation Counsel, the following actions for property damages arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: B. 7. National Fuel $ 555.22 B. 8. Mary O'Brien $ 51.31 B. 9. Darling Olivero $1,975.00 B. 10. Angelina Piraino $4,655.83 B. 11. Edward Weihing $ 196.20 B. 12. Roger Chainani $ 300.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED AYES - 9 NOES -0 NO. 69 MISCELLANEOUS REIMBURSEMENTS That, upon the recommendation of the Corporation Counsel and the appropriate City Departments, the following claims be paid: C. 1. Monique Halton $ 90.00 C. 2. Joseph Hanson $200.00 C. 3. Donald Puccio $ 2.50 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED AYES - 9 NOES -0 NO. 70 MISCELLANEOUS INVOICES That, upon the recommendation of the Corporation Counsel and the appropriate City Departments, the following claims be paid: D. I. AAMCO Transmissions $ 560.00 D. 2. Dennis J. Campagna $ 1,500.00 D. 3. Colucci & Gallaher $ 1,006.50 D. 4. First Niagara Risk Mgt. $ 497.33 D. 5. First Niagara Risk Mgt $ 3,837.38 D. 6. Hiscoek & Barclay $ 2,428.35 D. 7. Hodgson Russ, LLP $10,104.60 D. 8. Jaeckle Fleischmann & Mugel $11,156.00 D. 9. The HD Group Inc. $ 1,175.00 D. 10. Xerographic Solutions $ 1,242.00 D. 11. Mercantile Adjustment Bureau Inc. $ 124.42 BRH Inc /POS Card Systems $ 3,495.15 M &T Bank $ 1,220.74 City Treasurer (clearing account) $ 6,857.06 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED AYES - 9 NOES -0 NO. 71 REPORT TO THE CLAIMS COMMITTEE That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: E. 1. Edward Good $ 817.81 That a check be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal year, payable to the respective claimant, herein above named, in the amount set opposite his name and delivered to him upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED AYES -7 NOES -2 AYES- DAVIS, FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RUSSELL -8 NOES- BONIFACIO, SMITH -2 CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 72 APPT MOTOR EQUIP MECHANIC (PROV)(INTER)(ALESSI) (PW) (ITEM NO. 31, OCT 2, 2007) That Communication 31, Oct 2, 2007 be received and flied and the Provisional appointment of Michael Alessi stated above at the intermediate starting salary of $31,743.00 is hereby approved. PASSED AYES - 9 NOES -0 NO. 73 APPT WATER METER MECHANIC (TEMP)(MAX)(BARTH)(PW) (ITEM NO. 32, OCT 2, 2007) That Communication 31, Oct 2, 2007 be received and filed and the Temporary appointment of Andrew Barth stated above at the Maximum starting salary of $33,350.00 is hereby approved. PASSED AYES - 9 NOES -0 NO. 74 APPT PUBLIC SAFETY COMM DIRECTOR (PERM)(FLAT)(DEGEORGE)(POL) (CCP# 34, 10/2) That the above item be and the same hereby is received and filed. ADOPTED NO. 76 APPT ASSISTANT CORPORATION COUNSEL II (PERM)(INTER)(COTTER,JR)(CC) (ITEM NO. 36, OCT 2, 2007) That Communication 36, Oct 2, 2007 be received and filed and the Permanent appointment of John Cotter Jr stated above at the Intermediate starting salary of $59,158.00 is hereby approved. PASSED AYES -8 NOES -1 AYES- BONIFACIO, FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RUSSELL, SMITH -8 NOES - DAVIS -1 NO. 76 APPT SECRETARY TO COMM OF A &F,(POL) & URBAN AFFAIRS (EXEMPT)(ANDERSON) (A &F) (CCP# 30, 10/2) That the above item be and the same hereby is received and filed. ADOPTED. NO.77 NOTICES OF APPOINTMENTS TEMP /PROV /PERM (CCP# 58, 10/2) That the above item be and the same hereby is received and filed. ADOPTED. FINANCE (BRIAN C. DAVIS, CHAIRMAN) NO. 78 A.D. PRICE APARTMENTS PILOT (ITEM NO. I L, C.C.P. ,OCTOBER 2, 2007) That the above item is hereby Received and Filed ADOPTED NO. 79 ABATEMENT OF UNCOLLECTIBLE ACCOUNTS RECEIVABLE INVOICES (ITEM NO. 18, C.C.P., OCTOBER 2, 2007) That after the removal of the attached listing of uncollectible accounts receivable invoices totaling $ 7,178,190.38 from the City's records is hereby approved. PASSED AYES -7 NOES -2 AYES- BONIFACIO, DAVIS, FRANCZYK, GOLOMBEK, KEARNS, RUSSELL, SMITH -7 NOES- FONTANA, LOCURTO -2 NO. 80 GRASS CUTTING INVOICE TRANSFERS (ITEM NO. 26, C.C.P., OCTOBER 2, 2007) That the invoices detailed on the attached communication be and hereby are abated from miscellaneous accounts receivable and the Commissioner of Assessment & taxation is hereby authorized to place the charges totaling $7,670.00 on the Local tax rolls. PASSED AYES - 9 NOES -0 NO. 81 M. KEAMS -J. PIERAKOS -BOND REQUIREMENTS (CCP# 49, 4/17) That the above item be and the same hereby is Received and Filed ADOPTED NO. 82 M. KEAMS -J. PIERAKOS -BOND REQUIRE MENTS(ADMIN &FIN) (CCP #69, 7/24) That the above item be and the same hereby is Received and Filed ADOPTED NO. 83 STATUS OF DOWNTOWN PARKING SITUATION (BD OF PKG) ( #3,7 /10)(CCP# 106,7/24) That the above item be and the same hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRMAN) NO. 84 S.GEE NYSDOT- RESPONSE SOUTHTOWNS CONNECTOR PROJECT (NO.64 10/02/2007) That the above item is hereby referred to the Special Committee on Waterfront ADOPTED NO. 85 H. KOZLOWSKI - NOTICE OF APPROP FUHRMANN BLVD MAP #343 (NO.66 10/02/2007) That the above item is hereby referred to the Special Committee on Waterfront ADOPTED NO. 86 H.KOZLOWSKI - NOTICE OF APPROP FUHRMANN BLVD MAP #339 (NO.67 10/02/2007) That the above item is hereby referred to the Special Committee on Waterfront ADOPTED NO. 87 H.KOZLOWSKI NOTICE OFAPPROP FUHRMANN BLVD MAP #338R -1,351 (NO.68 10/02/2007) That the above item is hereby referred to the Special Committee on Waterfront ADOPTED NO. 88 J.HUANG- REQ ASST IN UPDATING BUFFALO'S NATL. FLOOD INSURANCE PROGRAM (NO.60 03/20/2007) That the above item is hereby Received and Filed ADOPTED LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 89 FOOD STORE LICENSE - 2534 BAILEY (ITEM NO. 37, C.C.P., OCTOBER 2, 2007) That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Mohammed Kaffan at 2535 Bailey Ave PASSED AYES - 9 NOES -0 NO. 90 FOOD STORE LICENSE - 1440 KENSINGTON (ITEM NO. 41, C.C.P., OCTOBER 2, 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 Committee on Legislation ADOPTED NO. 91 FOOD STORE LICENSE- 1892 SENECA (ITEM NO. 43, C.C.P., OCTOBER 2, 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 Committee on Legislation ADOPTED No. 92 Food Store License - 117 -119 Colvin (Item No. 89, C.C.P., October 2, 2007) (Item No. 53, C.C.P., Sept. 4, 2007) (Item No. 88, C.C.P., Sept. 18, 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. 93 Restaurant /Dance License (Renewal) (Item No. 45, C.C.P., October 2, 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 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to renew a Restaurant Dancing Class License HI to Curtis Drake d /b /a New Golden Nugget Inc. located at 2046Fillmore. Passed. AYES — 9 NOES — 0 NO. 94 Restaurant Dancing Class III — 45 Chippewa West (Item No. 26, C.C.P., Apr. 17, 2007) (Item No. 92, C.C.P., October 2, 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. 95 Used Car Dealer License - 411 Walden (Item No. 47, C.C.P., October 2, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to the Committee on Legislation ADOPTED. No. 96 Appeal of Denial of Certificate of Exception for Proposed Improvements to 72 -76 Pearl Street (Item No. 72, C.C.P., Oct. 2, 2007) That pursuant to City Charter and Codes §337 -26 the Pearl Street Grill and Brewery's appeal of the Preservation Board's denial of it Certificate of Exception on June 21, 2007 for the extension of the second floor balcony along Franklin Street by twelve feet, three inches (12' 3 ") at 72 -76 Pearl Street is hereby modified to allow said extension, after the Public Hearing requirement of §337 was waived with the consent of the applicant at the October 9, 2007 meeting of the Committee on Legislation. Passed. ayes —9 noes — 0 NO. 97 Ordinance Amendment - Chapter 137 - Code Enforcement (Item No. 100, C.C.P., Oct. 2, 2007) That after the hearing before the Committee on Legislation on October 2, 2007, the Ordinance Amendment as contained in Item No. 100, C.C.P., October 2, 2007, be and the same hereby is approved. PASSED AYES — 9 NOES — 0 NO. 98 Unresponsiveness of National Fuel and National Grid to Citizen Complaints (Except 1 s ` & 2" Res) (CCP# 103 10/2) That the above item is hereby Received and Filed ADOPTED No. 99 A. Armstrong- Response Resolution Policy to Take Title to Properties Not Receiving Bids at In Rern Sponsored By CM Bonifacio (CCP# 85 07/24) That the above item is hereby Received and Filed ADOPTED No. 100 Recommended by the Committee on Legislation D. Bonifacio -The LandBank Initiative -A Model for Cities (CCP #86 07/24) That the above item is hereby Received and Filed ADOPTED No. 101 Appeal of Driveway Application Denial - 47 Orton Place (Item No. 88, C.C.P., July 24, 2007) That pursuant to City Charter and Codes §337 -26, the appeal of Pamela Obersheimer, 47 Orton Place, Buffalo, New York 14201 from the Preservation Board's May 10, 2007 denial of her request to install a parking pad at 47 Orton Place is hereby granted and the Preservation Board's denial is therefore reversed, after t!)e public hearing requirement of §337 was waived with the consent of the applicant at the October 9, 2007 meeting of the Committee on Legislation. Passed. Ayes — 9 Noes — 0 No. 102 D. Bonifacio -L. Fleron- Findings and Recommendations Living Wage Comm (CCP# 41, 07/10) That the above item is hereby Received and Filed ADOPTED No. 103 Bonifacio -C. Turner - Findings and Recommendations Living Wage Comm (CCP# 42 07/10) That the above item is hereby Received and Filed ADOPTED No. 104 D. Bon ifacio-S.S now-Article How I Saved My Street Tree From the Wrecker's Ball (CCP# 45 07/10) That the above item is hereby Received and Filed ADOPTED No. 105 Time Warner Cable- Response to City's Franchise Proposal (PW) (CCP# 36 06/12) That the above item is hereby Received and Filed ADOPTED No. 106 Support Creation of Dog Park in COB (Exc. 1 s ` & 2" Res.) (CCP# 134, 04/3) That the above item is hereby Received and Filed ADOPTED No. 107 D. Bonifacio -Model Quality of Life Centers (Draft) (CCP #50, 05/29) That the above item is hereby Received and Filed ADOPTED No. 108 Food Store License - 1445 East Delavan (Item No. 36, C.C.P., May 15, 2007) (Item No. 95, C.C.P., July 10, 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. 109 Food Store License - 1981 Fillmore (Item No. 37, C.C.P., May 15, 2007) (Item No. 100, C.C.P., June 26, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr Fontana moved that the above item be recommitted to the Committee on Legislation ADOPTED RESOLUTIONS NO. 110 Appoint Legislative Aide By: Mr. Franczyk Whereas: I, David A . Franczyk., wish to appoint Aniela M. Baj of 180 Sheffield Ave, Buffalo, NY 14220 to the position of Legislative Aide of the Fillmore District effective October 22, 2007; and Now, Therefore, Be It Resolved: That the Common Council hereby appoints Aniela M. Baj to the position of Legislative Aide to the Fillmore District Councilmember. ADOPTED NO. 111 Appoint Sr. Legislative Assistant By: Mr. Franczyk Whereas: I, David A. Franczyk., wish to appoint Michael Kuzma of 1893 Clinton St, Buffalo, NY 14206 to the position of Sr. Legislative Assistant of the Fillmore District effective October 22, 2007; and Now, Therefore, Be It Resolved: That the Common Council hereby appoints Michael Kuzma to the position of Sr. Legislative Assistant to the Fillmore District Councilmember. ADOPTED NO. 112 Mr. Franczyk, Mr. Golombek Recognizing UNESCO's First World Audiovisual Heritage Day Whereas: Buffalo, New York is unique in the world in the history of Motion Picture Theaters, for the number of theaters that survive from 1896, 1908, 1910, 1919 and other years; and Whereas: Mitchell Mark (1868 -1918) of Buffalo was the visionary who founded the Vitascope Theater on October 19, 1896 at the Ellicott Square Building, the Vitascope Theater being probably the first true motion picture theater in the world; and Whereas: The Regent Theater, built in 1910 still survives as the Bethesda International World Harvest Church; and Whereas: In 1952, the American Optical Company of Buffalo under contract to Mike Todd developed the camera and projectors for the unique and influential TODD -AO 70mm motion picture process, used for "Around the World in 80 days" and "Oklahoma" among other films; and Whereas: Richard Rogers and Oscar Hammerstein II witnessed the first test demonstrations of this process in August 1953 at the Regent Theater in Buffalo leading to the adoption of TODD -AO as the method for filming "Oklahoma "; and Whereas: The United Nations Educational Scientific and Cultural Organization (UNESCO) has proclaimed October 27 as World Day for Audiovisual Heritage, which will be celebrated for the first time on October 27, 2007; and Whereas: UNESCO's stated concern is that much of the world's 20 century audiovisual heritage is now lost, and much more is slipping beyond recovery because of neglect, natural decay and technological obsolescence; and Whereas: The Main objectives of the World Day for Audiovisual Heritage are to: • raise public awareness of the need to preserve our Audiovisual Heritage; • provide opportunities to celebrate specific local, national or international aspects of this Heritage; • highlight the accessibility of Audiovisual archives; • attract media attention to Audiovisual Heritage issues; • raise the cultural status of the Audiovisual Heritage; -highlight Audiovisual Heritage in danger, especial y n developing countries; and Now Therefore Be It Resolved That the Buffalo Common Council hereby recognizes the City of Buffalo's contribution to audiovisual history and recognizes October 27 as the Word Day for Audiovisual Heritage. ADOPTED No. 113 David A. Franczyk "Maggie Y. Boyd Way" trailblazing signage Whereas: Reverend Boyd, served as pastor of Metropolitan United Methodist Church for nine years, and helped her congregation and the surrounding community until her death due to Cancer. Whereas: Reverend Boyd loved children and served the poor. Reverend Boyd provided food, clothing and shelter to the poor in the community, as well as guidance Whereas: Reverend Boyd's reputation for helping the impoverished has outlasted her life; today almost two years later people are still coming to Metropolitan United Methodist Church seeking her assistant, comfort, and guidance. Whereas: Reverend Boyd was a mother, pastor and friend, not only to her congregation, but also to the surrounding community. Whereas: Reverend Boyd served her family, congregation, community and the lord, and was an example of how we should all live our lives and, Now Therefore Be It Resolved The Common Council of the City of Buffalo grants permission to designate a portion of the street, which extends from the corner of Best Street and Herman Street to the parking entrance to the church "Maggie Y. Boyd Way ". Be It Further Resolved That the trailblazing signs are installed and meet all requirements of pertinent City Departments and that no existing laws should be violated. REFERRED TO THE COMMITTEE ON LEGISLATION & COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 114 BY MR. DAVID A. FRANCZYK, MR. DAVIS, MR. SMITH & MR. FONTANA THE C.R.U.C.I.A.L. SOLUTION Whereas: CRUCIAL, the Coalition for the Redevelopment of Unified Community Involvement & Leadership, located on 230 Moseley St. Buffalo, NY 14211, is a not - for - profit community services center committed to providing educational and recreational opportunities to youth, seniors, and community members at large and a "Safe Haven" for community residents living within the North Fillmore area; and Whereas: CRUCIAL is located in the heart of Buffalo's Federal Enterprise Community (FEC) where community needs are great and resources are limited; program participants reside in a policing district renowned for high crime activity, high adult unemployment, households with annual incomes of less than $20,000, high teen pregnancy rates and a third of the residents under the age of 18 live in single - parent homes; and Whereas: CRUCIAL was established to provide accessible services that address the needs of at -risk youth through homework assistance activities, community residents through recreational and cultural enrichment programming to enhance their quality of life, and community seniors, by providing an alternative to isolation through their involvement with arts and crafts, table and board games, aerobics, shopping trips, computer instruction and seminars specific to the needs and desires of seniors; and Whereas: CRUCIAL is designated as a "Safe Haven" to provide community residents with a safe space and place to socialize, learn, and play, and to provide youth with an alternative to juvenile /criminal activities during vulnerable periods of the day in. the form of athletic sports (i.e., basketball, soccer) table and board games, arts and crafts activities, after school tutorials, life skills activities, job training activities, and external excursions; and Whereas: Curia's computer lab provides community members with an opportunity to learn word processing, data -base and spreadsheet programs, internet, e-mail, and web design and the television room is linked to a network that provides community block clubs access to information and insights into new initiatives that they may find helpful in their planning processes, along with a state of the art kitchen, an arts and crafts room and a dining and home economics room; and Whereas: CRUCIAL offers its services and activities to the community thereby benefiting The participants and the City by utilizing a "Leave No Neighborhood Behind" work ethic. Whereas: CRUCIAL now finds itself at the crossroads of its existence by virtue of a experiencing declining revenues and escalating expenses associated with operating a facility many times larger than its previous cramped facility on Genesee Street which have led the organization to accumulate arrearages to the City amounting to in excess of $70,000 for utility and refuse removal costs; and Whereas: CRUCIAL continued existence can be best served by greater community assistance and relief from the City in the form of a new operating agreement and abatement of all outstanding billings. Now Therefore Be It Resolved: That this Common Council hereby releases CRUCIAL of their total liability for the unpaid reimbursement of utility costs owing to the City as of this date. And Be It Further Resolved: That this Common Council hereby requests the Mayor to direct the Real Estate Division to prepare a new operating agreement for the period beginning today, that would temporarily relive CRUCIAL of the burden of reimbursing the City for utilities at their present location, pending their return to fiscal stability as determined by the Department of Community Services and Recreation Programming. APP 2nd RESOLVE THE REMAINDER REFERRED TO THE COMMITTEE ON FINANCE; THE CORPORATION COUNSEL AND THE COMMISSIONER OF PUBLIC WORKS. PARKS ANS STREETS AND THE COMPTROLLER NO. 115 BY: MR. FRANCZYK DEMOLITION PERMIT FEES 832 SYCAMORE WHEREAS, Revitalizing Urban Neighborhoods, Inc. (RUN Buffalo) is a nonprofit organization formed to encourage neighborhood revitalization through the elimination of urban blight in the City of Buffalo; WHEREAS, RUN Buffalo proposes the demolition of vacant and dilapidated structures which are not eligible for, nominated to, or listed on the National Register of Historic Places; WHEREAS, RUN Buffalo proposes the construction of community gardens and or other landscaping on said properties; WHEREAS, Buffalo Urban Renewal Agency approved a land disposition agreement transferring 832 Sycamore; WHEREAS, Due to their charitable purpose, RUN Buffalo requests a waiver of fees for demolition permits at 832 Sycamore; NOW THEREFORE BE IT RESOLVED, that fees for demolition permits at 832 Sycamore be waived. REFERRED TO THE COMMITTEE ON FINANCE. AND THE CORPORATION COUNSEL NO. 116 SPONSOR: MR. GOLOMBEK MAKING THE EMPIRE ZONE PROGRAM WORK FOR BUFFALO AND OTHER UPSTATE COMMUNITIES Whereas: The key to our local and national economy is small businesses employing fewer than 50 people as that is where a majority of jobs are created; and Whereas: Governor Eliot Spitzer has committed to addressing upstate New York's need for jobs and economic development; and Whereas: Many government programs at the national and state level that may work in cities such as New York, simply do not fit or work well for assisting small businesses in the City of Buffalo; and Whereas: As pointed out in a recent editorial in the Buffalo News by developer Rocco Termini, the states Empire Zone program is an example of a program that may need a different set of rules for New York City and a different set of rules for Buffalo; and Whereas: In order for a developer to receive the significant benefits provided by the Empire Zone program, the developer must hire new employees as part of a project; and Whereas: In New York City it is not uncommon for a developer to hire many new employees, but in Buffalo a developer typically builds space for other companies to occupy with their employees. The developer himself does not create jobs on the developers payroll, but the businesses locating in a renovated or newly built building do create jobs; and Whereas: The focus of the Empire Zone program should be on the number of jobs the project creates, not the number of jobs the developer creates; and Whereas: Without Empire Zone benefits, a developer cannot offer low -cost rent to small businesses, as such the feasibility of changing Empire zone rules for upstate New York should be explored; and Now Therefore Be It Resolved That the Buffalo Common Council is interested in receiving comments as to the feasibility of changing Empire Zone rules for Buffalo and other upstate communities, from Daniel Gunderson Upstate Chairman of the Empire State Development Corporation, Richard Tobe Commissioner of Economic Development Permits and Inspection Services, area developers, the Buffalo Niagara Partnership and other upstate New York communities. Be It Further Resolved That this item is referred to an appropriate Committee of the Common Council to receive and discuss the comments requested above. ADOPT 1st RESOLVE. REMAINDER TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 117 BY MR. KEARNS MR. FRANCZYK, MR. LOCURTO SOUTHTOWNS CONNECTOR PROJECT Whereas: The New York State Department of Transportation ( NYSDOT) is preparing to let contracts on November 15, 2007, to begin work on the Southtowns Connector project; and Whereas: John Norquist of the Congress for the New Urbanism, Smart Mobility, Inc. consultants and several Buffalo Common Council Members have expressed concerns regarding the development plan selected by the NYSDOT; and Whereas: Roads are for more than just moving traffic from point A to point B; roads can create a sense of place and spur economic development when constructed correctly; and Whereas: It is important that Route 5 be redeveloped correctly, to avoid making a mistake that will have ramifications for years to come; and Whereas: The Western New York Region has learned a number of hard lessons from projects which were well - intentioned, but are widely considered to be "mistakes," such as: placement of the Buffalo Bills football stadium in Orchard Park; the University at Buffalo's Amherst Campus; the Scajaquada; the Buffalo Skyway; and Whereas: The Buffalo Common Council is interested in establishing a dialogue with Governor Spitzer, NYSDOT, Congressman Brian Higgins, Mayor Byron Brown, John Norquist of CNU, Smart Mobility, Inc. and others to ensure that the NYSDOT is proceeding in a fashion which makes the most sense for developing our waterfront; and Whereas: The Common Council is in receipt of a notice from NYSDOT stating that the City of Buffalo has a possible right, title, or interest in land which is being appropriated by the State of New York, through Eminent Domain, as part of the Southtowns Connector project. The communication from the State indicates that there is a 3 -year Statute of Limitations in which to file a claim in the New York State Court of Claims, regarding the appropriation by the State (copies of the communication are attached); and Now Therefore Be It Resolved That the Buffalo Common Council hereby requests that Governor Spitzer and the New York State Department of Transportation delay the letting of contracts for the Southtowns Connector project planned for November 15, 2007, so that this important project may be more fully discussed with all interested parties. Be It Further Resolved That the Buffalo Common Council requests an immediate report from the City Law Department, which discusses the legal remedies available to the City, in conjunction with the above mentioned communications from the State regarding Eminent Domain of land for which the City has a possible, right, title or interest. Be It Further Resolved That the Southtowns Connector project is located in a Coastal Review Zone, as well as a City special zoning district, and given that the City Council adopted a Local Waterfront Revitalization Plan in 2005, an immediate opinion is requested from the Law Department as to whether the State, in moving forward with the Southtowns Connector project, has complied with the requirements of a Coastal Review, the City's Coastal Review Special Zoning District and the Local Waterfront Revitalization Plan. Be It Further Resolved That the Buffalo Common Council hereby directs the Law Department to file a claim in the New York State of Claims opposing the States appropriation of Fuhrmann Boulevard, Parcels 379, 380, 386, 394, and 395. Be It Finally Resolved That this Resolution be referred to an appropriate Committee of the Common Council to further consider and discuss the requested above ADOPT 1st, 2nd & 3rd RESOLVE, REMAINDER TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT BY MR. SMITH NO. 118 REQUEST FOR PUBLIC HEARING ON CITY OF BUFFALO'S POLICE DEPARTMENT POLICY, PROCEDURES & CITIZEN'S COMPLAINTS Whereas: It Whereas it is the duty the City of Buffalo; and Whereas one of the goals of this Common Council is to provide for and make adequate provisions to provide the Buffalo Police Department with the necessary means to provide for the Public safety for the residents in the City of Buffalo; and Whereas: In recent months there have been incidents and concerns that have come to the attention of this Council regarding police policy and procedures; and Whereas In an effort to assure the public that Public Safety of our residents is of utmost importance to this Council, a meeting should be held between the Buffalo Police Department, the general public and this Council to outline, explain and evaluate Police policy and procedures as well as air any grievances of the public with the Buffalo Police Department; Now, Therefore, Be It Whereas: One of the goals of this Common Council is to provide for and make adequate provisions to provide the Buffalo Police Department with the necessary means to provide for the public safety for the residents in the Resolved That: The Buffalo Common Council is requested to hold a Public Hearing to address Police Department Policy, Procedures and concerns of the general public against the Buffalo Police Department; and Be It Further Resolved, That the City Clerk is directed to schedule a Public Hearing after the adoption of this resolution; and Be It Finally Resolved That: the City Clerk is hereby directed to send copies of this resolution to Mayor Byron W. Brown, Police Commissioner H. McCarthy Gipson and Alisa A. Lukasiewicz, Corporation Counsel for their review and Comment ADOPT 2nd and 3rd RESOLVE THE REMAINDER REFERRED TO THE COMMITTEE ON LEGISLATION AYES — DAVIS, FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RUSSELL, SMITH - 7 NOES — BONIFACIO, GOLOMBEK- 2 NO. 119 SPONSOR: DEMONE SMITH REQUEST FOR INFORMATION REGARDING LIVING WAGE, MWBE AND DIVERSITY GOAL COMPLIANCE The City of Buffalo has adopted a Living Wage Law and has had challenges in the full implementation; and There has been a willing desire for full compliance but legalities, incomplete information and understanding has hindered successful observance of the Living Wage Law; and Implementation of the Living Wage Law and compliance of Diversity Goals and Minority Business Enterprise together are successful tools in combating poverty in the City of Buffalo. Now Therefore Be It Resolved That: This Common Council of the City of Buffalo hereby requests the following information regarding implementation of the Living Wage Law, Diversity Goal Compliance and Minority, Women and Business Enterprise: Current legalities involved restricting implementation for the City, Rural Metro and Brand On Progress in compliance of the Living Wage Total budgetary expense for complete observance of the Living Wage Law for City Employees Breakdown of ethnic composition of City Workforce Diversity and MWBE Compliance reports of all City Departments and Authorities, businesses, contractors and organizations subject to Minority and Women's Business Enterprise and Diversity Goal Legislation. Opinions and any pertinent information regarding the aforementioned requests contained within this resolution. Be It Further Resolved: That this Resolution be forwarded to the responsible City Departments and Minority Business Enterprise Committee of the Common Council of the City of Buffalo; and Be It Further Resolved: That this Common Council of the City of Buffalo officially go on record to support a resolution filed by Ferry District School Board Member Pamela - Cahill, Chair of Finance and Operations, requesting the Board of Education adopt a living Wage Policy for bus aids and food workers, Teachers Aides and Be It Finally Resolved: That all requested information or reason for inability be submitted to the Minority Business Enterprise Committee by October 22, 2007 at 2:00 PM ADOPT 1st & 2nd RESOLVE, REMAINDER TO THE MINORITY BUSINESS ENTERPRISE SPECIAL COMMITTEE Mr. Fontana Abstains from the vote AYES - 8 NOES -0 NO. 120 SPONSOR: DEMONE SMITH RE: SCHOOL TRUANCY There has been complaints by residents regarding students "skipping school" by hanging out in the neighborhood, in front of corner stores and other public locations during school hours; and Formally there was a patrol that helped to deter school truancy. It is either understaffed or not in existence; and In addition to Legal and social justification in higher attendance rates, the Buffalo Public School District losses funding for non attendance in sales tax revenue due to the usage of attendance as a factor in the formula in distribution of sales tax dollars; There currently exists a need of enforcement of laws and policies requiring students to attend school; and Other municipalities such as Miami and Rochester have developed strategies to combat school truancy; Now Therefore Be It Resolved That: The appropriate representatives from the Board of Education and City Administration attend the next meeting of the Education Committee of the Common Council of the City of Buffalo to discuss, develop and implement a system of enforcement to prevent school truancy; and Be It Finally Resolved That: This resolution is forwarded to the Mayor, School Superintendent, Police, and Board of Education. ADOPT 2nd RESOLVE REMAINDER TO THE SPECIAL COMMITTEE ON EDUCATION NO. 121 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 Barabara Sims By Councilmember Brian Davis Felicitation for Richard McKee By Councilmember All Members Felicitation for Ronald Harvey Jr By Councilmember All Members ADOPTED NO. 122 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, October 23, 2007 at 9:45 o'clock A.M. Committee on Finance Tuesday, October 23, 2007 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, October 23 2007 at 1:00 o'clock P.M. Committee on Legislation Tuesday, October 23, 2007 at 2:00 o'clock P.M. Special Committees Waterfront Development Wednesday, October 17, 2007 at 11:00 AM Taxicab & Livery Ad Hoc room 1417 Thursday, October 18, 2007 at 10:00 Am in (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. 123 ADJOURNMENT On a motion by Mr. Fontana Seconded by Mrs. Russell, the Council adjourned at 3:10 pm GERALD CHWALINSKI CITY CLERK BOARD OF POLICE AND FIRE PENSION PROCEEDINGS #9 OFFICE OF THE MAYOR -201 CITY HALL OCTOBER 18, 2007 Present:Alisa A. Lukasiewicz, Corporation Counsel; Gerald Chwalinski, City Clerk - 2 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 October 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 Ayes- 2. Noee -0. NO. 2 1 transmit herewith the Pension Payroll for the Police Pension Fund for the month of October 2007 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 -2. Noes -0. July 31, 2007 NO. 3 On motion by Mr. Chwalinski the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m.